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Public Act 103-0008 |
HB3817 Enrolled | LRB103 30519 DTM 56952 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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ARTICLE 1. |
Section 1-1. Short Title. This Act may be cited as the FY |
2024 Budget Implementation Act. |
Section 1-5. Purpose. It is the purpose of this Act to make |
changes in State programs that are necessary to implement the |
State budget for Fiscal Year 2024. |
ARTICLE 3. |
Section 3-5. Short title. This Article may be cited as the |
Council of State Governments Act. As used in this Article, |
"this Act" refers to this Article. |
Section 3-10. Participation in Council of State |
Governments. The majority and minority leadership of the |
Senate and the House of Representatives, as well as members of |
appropriate legislative committees and commissions, as |
determined by such leadership, may annually attend appropriate |
meetings of the Council of State Governments as |
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representatives of the General Assembly of the State of |
Illinois and may pay such annual membership fee as may be |
required to maintain membership in that organization. |
ARTICLE 5. |
Section 5-5. The State Employees Group Insurance Act of |
1971 is amended by changing Sections 6.9 and 6.10 as follows:
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(5 ILCS 375/6.9)
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Sec. 6.9. Health benefits for community college benefit |
recipients and
community college dependent beneficiaries. |
(a) Purpose. It is the purpose of this amendatory Act of |
1997 to establish
a uniform program of health benefits for |
community college benefit recipients
and their dependent |
beneficiaries under the administration of the Department of
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Central Management Services.
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(b) Creation of program. Beginning July 1, 1999, the |
Department of
Central Management Services shall be responsible |
for administering a program of
health benefits for community |
college benefit recipients and community college
dependent |
beneficiaries under this Section. The State Universities |
Retirement
System and the boards of trustees of the various |
community college districts
shall cooperate with the |
Department in this endeavor.
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(c) Eligibility. All community college benefit recipients |
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and community
college dependent beneficiaries shall be |
eligible to participate in the program
established under this |
Section, without any interruption or delay in coverage
or |
limitation as to pre-existing medical conditions. Eligibility |
to
participate shall be determined by the State Universities |
Retirement System.
Eligibility information shall be |
communicated to the Department of Central
Management Services |
in a format acceptable to the Department.
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Eligible community college benefit recipients may enroll |
or re-enroll in the program of health benefits established |
under this Section during any applicable annual open |
enrollment period and as otherwise permitted by the Department |
of Central Management Services. A community college benefit |
recipient shall not be deemed ineligible to participate solely |
by reason of the community college benefit recipient having |
made a previous election to disenroll or otherwise not |
participate in the program of health benefits. |
(d) Coverage. The health benefit coverage provided under |
this Section
shall be a program of health, dental, and vision |
benefits.
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The program of health benefits under this Section may |
include any or all of
the benefit limitations, including but |
not limited to a reduction in benefits
based on eligibility |
for federal Medicare benefits, that are provided under
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subsection (a) of Section 6 of this Act for other health |
benefit programs under
this Act.
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(e) Insurance rates and premiums. The Director shall |
determine the
insurance rates and premiums for community |
college benefit recipients and
community college dependent |
beneficiaries and shall present to the State Universities |
Retirement System, by April 15 of each calendar year, the |
rate-setting methodology (including, but not limited to, |
utilization levels and costs) used to determine the insurance |
rates and premiums . Rates and premiums may be based
in part on |
age and eligibility for federal Medicare coverage.
The |
Director shall also determine premiums that will allow for the
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establishment of an actuarially sound reserve for this |
program.
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The cost of health benefits under the program shall be |
paid as follows:
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(1) For a community college benefit recipient, up to |
75% of the total
insurance rate shall be paid from the |
Community College Health Insurance
Security Fund.
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(2) The balance of the rate of insurance, including |
the entire premium
for any coverage for community college |
dependent beneficiaries that has been
elected, shall be |
paid by deductions authorized by the community college
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benefit recipient to be withheld from his or her monthly |
annuity or benefit
payment from the State Universities |
Retirement System; except that (i) if the
balance of the |
cost of coverage exceeds the amount of the monthly annuity |
or
benefit payment, the difference shall be paid directly |
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to the State
Universities Retirement System by the |
community college benefit recipient, and
(ii) all or part |
of the balance of the cost of coverage may, at the option |
of
the board of trustees of the community college |
district, be paid to
the State Universities Retirement |
System by the board of the community college
district from |
which the community college benefit recipient retired. The |
State
Universities Retirement System shall promptly |
deposit all moneys withheld by or
paid to it under this |
subdivision (e)(2) into the Community College Health
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Insurance Security Fund. These moneys shall not be |
considered assets of the
State Universities Retirement |
System.
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(f) Financing. All revenues arising from the |
administration of the health
benefit program established under |
this Section shall be deposited into the
Community College |
Health Insurance Security Fund, which is hereby created as a
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nonappropriated trust fund to be held outside the State |
Treasury, with the
State Treasurer as custodian. Any interest |
earned on moneys in the Community
College Health Insurance |
Security Fund shall be deposited into the Fund.
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Moneys in the Community College Health Insurance Security |
Fund shall be used
only to pay the costs of the health benefit |
program established under this
Section, including associated |
administrative costs and the establishment of a
program |
reserve. Beginning January 1, 1999,
the Department of Central |
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Management Services may make expenditures from the
Community |
College Health Insurance Security Fund for those costs.
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(g) Contract for benefits. The Director shall by contract, |
self-insurance,
or otherwise make available the program of |
health benefits for community
college benefit recipients and |
their community college dependent beneficiaries
that is |
provided for in this Section. The contract or other |
arrangement for
the provision of these health benefits shall |
be on terms deemed by the Director
to be in the best interest |
of the State of Illinois and the community college
benefit |
recipients based on, but not limited to, such criteria as
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administrative cost, service capabilities of the carrier or |
other contractor,
and the costs of the benefits.
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(h) Continuation of program. It is the intention of the |
General Assembly
that the program of health benefits provided |
under this Section be maintained
on an ongoing, affordable |
basis. The program of health benefits provided under
this |
Section may be amended by the State and is not intended to be a |
pension or
retirement benefit subject to protection under |
Article XIII, Section 5 of the
Illinois Constitution.
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(i) Other health benefit plans. A health benefit plan |
provided by a
community college district (other than a |
community college district subject to
Article VII of the |
Public Community College Act) under the terms of a
collective |
bargaining agreement in effect on or prior to the effective |
date of
this amendatory Act of 1997 shall continue in force |
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according to the terms of
that agreement, unless otherwise |
mutually agreed by the parties to that
agreement and the |
affected retiree.
A community college benefit recipient or |
community college dependent
beneficiary whose coverage under |
such a plan expires shall be eligible to begin
participating |
in the program established under this Section without any
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interruption or delay in coverage or limitation as to |
pre-existing medical
conditions.
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This Act does not prohibit any community college district |
from offering
additional health benefits for its retirees or |
their dependents or survivors.
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(j) Committee. A Community College Insurance Program |
Committee shall be established and shall consist of the |
following 7 members who are appointed by the Governor: 2 |
members who represent organized labor and are each members of |
different unions; one member who represents community college |
retirees; one member who represents community college |
trustees; one member who represents community college |
presidents; one member who represents the Illinois Community |
College Board; and one ex officio member who represents the |
State Universities Retirement System. The Department of |
Central Management Services shall provide administrative |
support to the Committee. The Committee shall convene at least |
4 times each year and shall review and make recommendations on |
program contribution rates once the program is forecasted to |
have satisfied the outstanding program debt existing on June |
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30, 2023 and is operating on a no-hold payment cycle. |
(Source: P.A. 100-1017, eff. 8-21-18.)
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(5 ILCS 375/6.10)
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Sec. 6.10. Contributions to the Community College Health |
Insurance
Security Fund. |
(a) Beginning January 1, 1999 and through June 30, 2023 , |
every active contributor of the State
Universities Retirement |
System (established under Article 15 of the Illinois
Pension |
Code) who (1) is a full-time employee of a community college |
district
(other than a community college district subject to |
Article VII of the Public
Community College Act)
or an |
association of community college boards and (2) is not an |
employee as
defined in Section 3 of this Act shall make |
contributions toward the cost of
community college annuitant |
and survivor health benefits at the rate of 0.50%
of salary. |
Beginning July 1, 2023 and through June 30, 2024, the |
contribution rate shall be 0.75% of salary. Beginning July 1, |
2024 and through June 30, 2026, the contribution rate shall be |
a percentage of salary to be determined by the Department of |
Central Management Services, which in each fiscal year shall |
not exceed a 0.1 percentage point increase in the amount of |
salary actually required to be contributed for the previous |
fiscal year. Beginning July 1, 2026, the contribution rate |
shall be a percentage of salary to be determined by the |
Department of Central Management Services, which in each |
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fiscal year shall not exceed 105% of the percentage of salary |
actually required to be contributed for the previous fiscal |
year.
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These contributions shall be deducted by the employer and |
paid to the State
Universities Retirement System as service |
agent for the Department of Central
Management Services. The |
System may use the same processes for collecting the
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contributions required by this subsection that it uses to |
collect the
contributions received from those employees under |
Section 15-157 of the
Illinois Pension Code. An employer may |
agree to pick up or pay the
contributions required under this |
subsection on behalf of the employee;
such contributions shall |
be deemed to have been paid by the employee.
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The State Universities Retirement System shall promptly |
deposit all moneys
collected under this subsection (a) into |
the Community College Health Insurance
Security Fund created |
in Section 6.9 of this Act. The moneys collected under
this |
Section shall be used only for the purposes authorized in |
Section 6.9 of
this Act and shall not be considered to be |
assets of the State Universities
Retirement System. |
Contributions made under this Section are not transferable
to |
other pension funds or retirement systems and are not |
refundable upon
termination of service.
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(b) Beginning January 1, 1999 and through June 30, 2023 , |
every community college district
(other than a community |
college district subject to Article VII of the Public
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Community College Act) or association
of community college |
boards that is an employer under the State Universities
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Retirement System shall contribute toward the cost of the |
community college
health benefits provided under Section 6.9 |
of this Act an amount equal to 0.50%
of the salary paid to its |
full-time employees who participate in the State
Universities |
Retirement System and are not members as defined in Section 3 |
of
this Act. Beginning July 1, 2023 and through June 30, 2024, |
the contribution rate shall be 0.75% of the salary. Beginning |
July 1, 2024 and through June 30, 2026, the contribution rate |
shall be a percentage of salary to be determined by the |
Department of Central Management Services, which in each |
fiscal year shall not exceed a 0.1 percentage point increase |
in the amount of salary actually required to be contributed |
for the previous fiscal year. Beginning July 1, 2026, the |
contribution rate shall be a percentage of salary to be |
determined by the Department of Central Management Services, |
which in each fiscal year shall not exceed 105% of the |
percentage of salary actually required to be contributed for |
the previous fiscal year.
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These contributions shall be paid by the employer to the |
State Universities
Retirement System as service agent for the |
Department of Central Management
Services. The System may use |
the same processes for collecting the
contributions required |
by this subsection that it uses to collect the
contributions |
received from those employers under Section 15-155 of the
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Illinois Pension Code.
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The State Universities Retirement System shall promptly |
deposit all moneys
collected under this subsection (b) into |
the Community College Health Insurance
Security Fund created |
in Section 6.9 of this Act. The moneys collected under
this |
Section shall be used only for the purposes authorized in |
Section 6.9 of
this Act and shall not be considered to be |
assets of the State Universities
Retirement System. |
Contributions made under this Section are not transferable
to |
other pension funds or retirement systems and are not |
refundable upon
termination of service.
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The Department of Central Management Services, or any |
successor agency designated to procure healthcare contracts |
pursuant to this Act, is authorized to establish funds, |
separate accounts provided by any bank or banks as defined by |
the Illinois Banking Act, or separate accounts provided by any |
savings and loan association or associations as defined by the |
Illinois Savings and Loan Act of 1985 to be held by the |
Director, outside the State treasury, for the purpose of |
receiving the transfer of moneys from the Community College |
Health Insurance Security Fund. The Department may promulgate |
rules further defining the methodology for the transfers. Any |
interest earned by moneys in the funds or accounts shall inure |
to the Community College Health Insurance Security Fund. The |
transferred moneys, and interest accrued thereon, shall be |
used exclusively for transfers to administrative service |
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organizations or their financial institutions for payments of |
claims to claimants and providers under the self-insurance |
health plan. The transferred moneys, and interest accrued |
thereon, shall not be used for any other purpose including, |
but not limited to, reimbursement of administration fees due |
the administrative service organization pursuant to its |
contract or contracts with the Department.
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(c) On or before November 15 of each year, the Board of |
Trustees of the
State Universities Retirement System shall |
certify to the Governor, the
Director of Central Management |
Services, and the State
Comptroller its estimate of the total |
amount of contributions to be paid under
subsection (a) of |
this Section for the next fiscal year. Beginning in fiscal |
year 2008, the amount certified shall be decreased or |
increased each year by the amount that the actual active |
employee contributions either fell short of or exceeded the |
estimate used by the Board in making the certification for the |
previous fiscal year. The State Universities Retirement System |
shall calculate the amount of actual active employee |
contributions in fiscal years 1999 through 2005. Based upon |
this calculation, the fiscal year 2008 certification shall |
include an amount equal to the cumulative amount that the |
actual active employee contributions either fell short of or |
exceeded the estimate used by the Board in making the |
certification for those fiscal years. The certification
shall |
include a detailed explanation of the methods and information |
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that the
Board relied upon in preparing its estimate. As soon |
as possible after the
effective date of this Section, the |
Board shall submit its estimate for fiscal
year 1999.
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On or after the effective date of the changes made to this |
Section by this amendatory Act of the 103rd General Assembly, |
but no later than June 30, 2023, the Board shall recalculate |
and recertify to the Governor, the Director of Central |
Management Services, and the State Comptroller its estimate of |
the total amount of contributions to be paid under subsection |
(a) for State fiscal year 2024, taking into account the |
changes in required employee contributions made by this |
amendatory Act of the 103rd General Assembly. |
(d) Beginning in fiscal year 1999, on the first day of each |
month, or as
soon thereafter as may be practical, the State |
Treasurer and the State
Comptroller shall transfer from the |
General Revenue Fund to the Community
College Health Insurance |
Security Fund 1/12 of the annual amount appropriated
for that |
fiscal year to the State Comptroller for deposit into the |
Community
College Health Insurance Security Fund under Section |
1.4 of the State Pension
Funds Continuing Appropriation Act.
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(e) Except where otherwise specified in this Section, the |
definitions
that apply to Article 15 of the Illinois Pension |
Code apply to this Section.
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(Source: P.A. 98-488, eff. 8-16-13 .)
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Section 5-15. The State Treasurer Act is amended by |
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changing Section 16.8 as follows: |
(15 ILCS 505/16.8) |
Sec. 16.8. Illinois Higher Education Savings Program. |
(a) Definitions. As used in this Section: |
"Beneficiary" means an eligible child named as a recipient |
of seed funds. |
"Eligible child" means a child born or adopted after |
December 31, 2022, to a parent who is a resident of Illinois at |
the time of the birth or adoption, as evidenced by |
documentation received by the Treasurer from the Department of |
Revenue, the Department of Public Health, or another State or |
local government agency. |
"Eligible educational institution" means institutions that |
are described in Section 1001 of the federal Higher Education |
Act of 1965 that are eligible to participate in Department of |
Education student aid programs. |
"Fund" means the Illinois Higher Education Savings Program |
Fund. |
"Omnibus account" means the pooled collection of seed |
funds owned and managed by the State Treasurer in the College |
Savings Pool under this Act. |
"Program" means the Illinois Higher Education Savings |
Program. |
"Qualified higher education expense" means the following: |
(i) tuition, fees, and the costs of books, supplies, and |
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equipment required for enrollment or attendance at an eligible |
educational institution; (ii) expenses for special needs |
services, in the case of a special needs beneficiary, which |
are incurred in connection with such enrollment or attendance; |
(iii) certain expenses for the purchase of computer or |
peripheral equipment, computer software, or Internet access |
and related services as defined under Section 529 of the |
Internal Revenue Code; (iv) room and board expenses incurred |
while attending an eligible educational institution at least |
half-time; (v) expenses for fees, books, supplies, and |
equipment required for the participation of a designated |
beneficiary in an apprenticeship program registered and |
certified with the Secretary of Labor under the National |
Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as |
principal or interest on any qualified education loan of the |
designated beneficiary or a sibling of the designated |
beneficiary, as allowed under Section 529 of the Internal |
Revenue Code. |
"Seed funds" means the deposit made by the State Treasurer |
into the Omnibus Accounts for Program beneficiaries. |
(b) Program established. The State Treasurer shall |
establish the Illinois Higher Education Savings Program as a |
part of the College Savings Pool under Section 16.5 of this |
Act, subject to appropriation by the General Assembly. The |
State Treasurer shall administer the Program for the purposes |
of expanding access to higher education through savings. |
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(c) Program enrollment. The State Treasurer shall enroll |
all eligible children in the Program beginning in 2023, after |
receiving records of recent births, adoptions, or dependents |
from the Department of Revenue, the Department of Public |
Health, or another State or local government agency designated |
by the Treasurer. Notwithstanding any court order which would |
otherwise prevent the release of information, the Department |
of Public Health is authorized to release the information |
specified under this subsection (c) to the State Treasurer for |
the purposes of the Program established under this Section. |
(1) Beginning in 2021, the Department of Public Health |
shall provide the State Treasurer with information on |
recent Illinois births and adoptions including, but not |
limited to: the full name, residential address, birth |
date, and birth record number of the child and the full |
name and residential address of the child's parent or |
legal guardian for the purpose of enrolling eligible |
children in the Program. This data shall be provided to |
the State Treasurer by the Department of Public Health on |
a quarterly basis, no later than 30 days after the end of |
each quarter, or some other date and frequency as mutually |
agreed to by the State Treasurer and the Department of |
Public Health. |
(1.5) Beginning in 2021, the Department of Revenue |
shall provide the State Treasurer with information on tax |
filers claiming dependents or the adoption tax credit |
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including, but not limited to: the full name, residential |
address, email address, phone number, birth date, and |
social security number or taxpayer identification number |
of the dependent child and of the child's parent or legal |
guardian for the purpose of enrolling eligible children in |
the Program. This data shall be provided to the State |
Treasurer by the Department of Revenue on at least an |
annual basis, by July 1 of each year or another date |
jointly determined by the State Treasurer and the |
Department of Revenue. Notwithstanding anything to the |
contrary contained within this paragraph (2), the |
Department of Revenue shall not be required to share any |
information that would be contrary to federal law, |
regulation, or Internal Revenue Service Publication 1075. |
(2) The State Treasurer shall ensure the security and |
confidentiality of the information provided by the |
Department of Revenue, the Department of Public Health, or |
another State or local government agency, and it shall not |
be subject to release under the Freedom of Information |
Act. |
(3) Information provided under this Section shall only |
be used by the State Treasurer for the Program and shall |
not be used for any other purpose. |
(4) The State Treasurer and any vendors working on the |
Program shall maintain strict confidentiality of any |
information provided under this Section, and shall |
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promptly provide written or electronic notice to the |
providing agency of any security breach. The providing |
State or local government agency shall remain the sole and |
exclusive owner of information provided under this |
Section. |
(d) Seed funds. After receiving information on recent |
births, adoptions, or dependents from the Department of |
Revenue, the Department of Public Health, or another State or |
local government agency, the State Treasurer shall make |
deposits into an omnibus account on behalf of eligible |
children. The State Treasurer shall be the owner of the |
omnibus accounts. |
(1) Deposit amount. The seed fund deposit for each |
eligible child shall be in the amount of $50. This amount |
may be increased by the State Treasurer by rule. The State |
Treasurer may use or deposit funds appropriated by the |
General Assembly together with moneys received as gifts, |
grants, or contributions into the Fund. If insufficient |
funds are available in the Fund, the State Treasurer may |
reduce the deposit amount or forego deposits. |
(2) Use of seed funds. Seed funds, including any |
interest, dividends, and other earnings accrued, will be |
eligible for use by a beneficiary for qualified higher |
education expenses if: |
(A) the parent or guardian of the eligible child |
claimed the seed funds for the beneficiary by the |
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beneficiary's 10th birthday; |
(B) the beneficiary has completed secondary |
education or has reached the age of 18; and |
(C) the beneficiary is currently a resident of the |
State of Illinois. Non-residents are not eligible to |
claim or use seed funds. |
(3) Notice of seed fund availability. The State |
Treasurer shall make a good faith effort to notify |
beneficiaries and their parents or legal guardians of the |
seed funds' availability and the deadline to claim such |
funds. |
(4) Unclaimed seed funds. Seed funds and any interest |
earnings that are unclaimed by the beneficiary's 10th |
birthday or unused by the beneficiary's 26th birthday will |
be considered forfeited. Unclaimed and unused seed funds |
and any interest earnings will remain in the omnibus |
account for future beneficiaries. |
(e) Financial education. The State Treasurer may develop |
educational materials that support the financial literacy of |
beneficiaries and their legal guardians, and may do so in |
collaboration with State and federal agencies, including, but |
not limited to, the Illinois State Board of Education and |
existing nonprofit agencies with expertise in financial |
literacy and education. |
(f) Supplementary deposits and partnerships. The State |
Treasurer may make supplementary deposits to children in |
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financially insecure households if sufficient funds are |
available. Furthermore, the State Treasurer may develop |
partnerships with private, nonprofit, or governmental |
organizations to provide additional savings incentives, |
including conditional cash transfers or matching contributions |
that provide a savings incentive based on specific actions |
taken or other criteria. |
(g) Illinois Higher Education Savings Program Fund. The |
Illinois Higher Education Savings Program Fund is hereby |
established as a special fund in the State treasury. The Fund |
shall be the official repository of all contributions, |
appropriated funds, interest, and dividend payments, gifts, or |
other financial assets received by the State Treasurer in |
connection with the operation of the Program or related |
partnerships. All such moneys shall be deposited into in the |
Fund and held by the State Treasurer as custodian thereof. The |
State Treasurer may accept gifts, grants, awards, matching |
contributions, interest income, and appropriated funds from |
individuals, businesses, governments, and other third-party |
sources to implement the Program on terms that the Treasurer |
deems advisable. All interest or other earnings accruing or |
received on amounts in the Illinois Higher Education Savings |
Program Fund shall be credited to and retained by the Fund and |
used for the benefit of the Program. Assets of the Fund must at |
all times be preserved, invested, and expended only for the |
purposes of the Program and must be held for the benefit of the |
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beneficiaries. Assets may not be transferred or used by the |
State or the State Treasurer for any purposes other than the |
purposes of the Program. In addition, no moneys, interest, or |
other earnings paid into the Fund shall be used, temporarily |
or otherwise, for inter-fund borrowing or be otherwise used or |
appropriated except as expressly authorized by this Act. |
Notwithstanding the requirements of this subsection (g), |
amounts in the Fund may be used by the State Treasurer to pay |
the administrative costs of the Program. |
(g-5) Fund deposits and payments. On July 15 of each year, |
beginning July 15, 2023, or as soon thereafter as practical, |
the State Comptroller shall direct and the State Treasurer |
shall transfer the sum of $2,500,000, or the amount that is |
appropriated annually by the General Assembly, whichever is |
greater, from the General Revenue Fund to the Illinois Higher |
Education Savings Program Fund to be used for the |
administration and operation of the Program. |
(h) Audits and reports. The State Treasurer shall include |
the Illinois Higher Education Savings Program as part of the |
audit of the College Savings Pool described in Section 16.5. |
The State Treasurer shall annually prepare a report that |
includes a summary of the Program operations for the preceding |
fiscal year, including the number of children enrolled in the |
Program, the total amount of seed fund deposits, the rate of |
seed deposits claimed, and, to the extent data is reported and |
available, the racial, ethnic, socioeconomic, and geographic |
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data of beneficiaries and of children in financially insecure |
households who may receive automatic bonus deposits. Such |
other information that is relevant to make a full disclosure |
of the operations of the Program and Fund may also be reported. |
The report shall be made available on the Treasurer's website |
by January 31 each year, starting in January of 2024. The State |
Treasurer may include the Program in other reports as |
warranted. |
(i) Rules. The State Treasurer may adopt rules necessary |
to implement this Section.
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(Source: P.A. 101-466, eff. 1-1-20; 102-129, eff. 7-23-21; |
102-558, eff. 8-20-21; 102-1047, eff. 1-1-23 .) |
Section 5-16. The Community Development Loan Guarantee Act |
is amended by changing Section 30-35 and by adding Section |
30-36 as follows: |
(15 ILCS 516/30-35)
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Sec. 30-35. Limitations on funding. The State Treasurer |
may allocate use up to $10,000,000 of investment earnings each |
year for the Loan Guarantee Program, provided that no more |
than $50,000,000 may be used for guaranteeing loans at any |
given time. The State Treasurer shall make the allocation to |
the Loan Guarantee Administrative Trust Fund prior to |
allocating interest from the gross earnings of the State |
investment portfolio.
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(Source: P.A. 101-657, eff. 3-23-21.) |
(15 ILCS 516/30-36 new) |
Sec. 30-36. Loan Guarantee Administrative Trust Fund. The |
Loan Guarantee Administrative Trust Fund is created as a |
nonappropriated trust fund within the State treasury. Moneys |
in the Fund may be used by the State Treasurer to guarantee |
loans and to cover administrative expenses related to the |
Program. The Fund may receive any grants or other moneys |
designated for administrative purposes from the State, from |
any unit of federal, State, or local government, or from any |
other person, firm, partnership, or corporation. |
Section 5-17. The Substance Use Disorder Act is amended by |
changing Section 5-10 as follows:
|
(20 ILCS 301/5-10)
|
Sec. 5-10. Functions of the Department.
|
(a) In addition to the powers, duties and functions vested |
in the Department
by this Act, or by other laws of this State, |
the Department shall carry out the
following activities:
|
(1) Design, coordinate and fund comprehensive
|
community-based and culturally and gender-appropriate |
services
throughout the State. These services must include
|
prevention, early intervention, treatment, and other
|
recovery support services for substance use disorders that
|
|
are accessible and address addresses the needs of at-risk
|
individuals and their families.
|
(2) Act as the exclusive State agency to accept, |
receive and expend,
pursuant to appropriation, any public |
or private monies, grants or services,
including those |
received from the federal government or from other State
|
agencies, for the purpose of providing prevention, early
|
intervention, treatment, and other recovery support
|
services for substance use disorders.
|
(2.5) In partnership with the Department of Healthcare |
and Family Services, act as one of the principal State |
agencies for the sole purpose of calculating the |
maintenance of effort requirement under Section 1930 of |
Title XIX, Part B, Subpart II of the Public Health Service |
Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR |
96.134). |
(3) Coordinate a statewide strategy for the
|
prevention, early intervention,
treatment, and recovery |
support of substance use
disorders. This strategy shall |
include the development of a
comprehensive plan, submitted |
annually with the
application for federal substance use |
disorder block grant
funding, for the provision of an |
array of such services. The plan shall be based on local |
community-based needs and upon
data including, but not |
limited to, that which defines the prevalence of and
costs |
associated with substance use
disorders.
This |
|
comprehensive plan shall include identification of |
problems, needs,
priorities, services and other pertinent |
information, including the needs of
minorities and other |
specific priority populations in the State, and shall |
describe how
the identified problems and needs will be |
addressed. For purposes of this
paragraph, the term |
"minorities and other specific priority populations" may |
include,
but shall not be limited to, groups such as |
women, children, intravenous drug
users, persons with AIDS |
or who are HIV infected, veterans, African-Americans, |
Puerto
Ricans, Hispanics, Asian Americans, the elderly, |
persons in the criminal
justice system, persons who are |
clients of services provided by other State
agencies, |
persons with disabilities and such other specific |
populations as the
Department may from time to time |
identify. In developing the plan, the
Department shall |
seek input from providers, parent groups, associations and
|
interested citizens.
|
The plan
developed under this Section shall include an |
explanation of the rationale to
be used in ensuring that |
funding shall be based upon local community needs,
|
including, but not limited to, the incidence and |
prevalence of, and costs
associated with, substance use
|
disorders, as
well as upon demonstrated program |
performance.
|
The plan developed under this Section shall
also |
|
contain a report detailing the activities of and progress |
made through services for the
care and treatment of |
substance use disorders among
pregnant women and mothers |
and their children established
under subsection (j) of |
Section 35-5.
|
As applicable, the plan developed under this Section
|
shall also include information about funding by other |
State
agencies for prevention, early intervention, |
treatment,
and other recovery support services.
|
(4) Lead, foster and develop cooperation, coordination |
and agreements
among federal and State governmental |
agencies and local providers that provide
assistance, |
services, funding or other functions, peripheral or |
direct, in the
prevention, early intervention, treatment,
|
and recovery support for substance use disorders. This |
shall include, but shall not be limited to,
the following:
|
(A) Cooperate with and assist other State
|
agencies, as applicable, in establishing and
|
conducting substance use disorder services among the
|
populations they respectively serve.
|
(B) Cooperate with and assist the Illinois |
Department of Public Health
in the establishment, |
funding and support of programs and services for the
|
promotion of maternal and child health and the |
prevention and treatment of
infectious diseases, |
including but not limited to HIV infection, especially
|
|
with respect to those persons who are high risk due to
|
intravenous injection of illegal drugs, or who may |
have
been sexual partners of these individuals, or who |
may
have impaired immune systems as a result of a
|
substance use disorder.
|
(C) Supply to the Department of Public Health and |
prenatal care
providers a list of all providers who |
are
licensed to provide substance use disorder |
treatment
for pregnant women in this State.
|
(D) Assist in the placement of child abuse or |
neglect perpetrators
(identified by the Illinois |
Department of Children and Family Services (DCFS)) who
|
have been determined to be in need of substance use
|
disorder treatment
pursuant to Section 8.2 of the |
Abused and Neglected Child Reporting Act.
|
(E) Cooperate with and assist DCFS in carrying out |
its mandates to:
|
(i) identify substance use disorders among its |
clients and
their families; and
|
(ii) develop services to deal with such |
disorders.
|
These services may include, but shall not be limited |
to,
programs to prevent or treat substance
use |
disorders with DCFS clients and their families,
|
identifying child care needs within such treatment, |
and assistance with other
issues as required.
|
|
(F) Cooperate with and assist the Illinois |
Criminal Justice Information
Authority with respect to |
statistical and other information concerning the |
incidence and prevalence of substance use
disorders.
|
(G) Cooperate with and assist the State |
Superintendent of Education,
boards of education, |
schools, police departments, the Illinois State |
Police, courts and other public and private agencies |
and individuals in
establishing prevention programs |
statewide and preparing curriculum materials
for use |
at all levels of education.
|
(H) Cooperate with and assist the Illinois |
Department of Healthcare and Family Services in
the |
development and provision of services offered to |
recipients of public
assistance for the treatment and |
prevention of substance use disorders.
|
(I) (Blank).
|
(5) From monies appropriated to the Department from |
the Drunk and Drugged
Driving Prevention Fund, reimburse |
DUI evaluation and risk
education programs licensed by the |
Department for providing
indigent persons with free or |
reduced-cost evaluation and risk education services |
relating to a charge of
driving under the influence of |
alcohol or other drugs.
|
(6) Promulgate regulations to identify and disseminate |
best practice guidelines that can be utilized by publicly
|
|
and privately funded programs as well as for levels of |
payment to government
funded programs that provide |
prevention,
early intervention, treatment, and other |
recovery support services for substance use disorders and |
those services referenced in Sections 15-10
and 40-5.
|
(7) In consultation with providers and
related trade |
associations, specify a uniform
methodology for use by |
funded providers and the
Department for billing
and |
collection and dissemination of statistical information
|
regarding services related to substance use
disorders.
|
(8) Receive data and assistance from federal, State |
and local governmental
agencies, and obtain copies of |
identification and arrest data from all federal,
State and |
local law enforcement agencies for use in carrying out the |
purposes
and functions of the Department.
|
(9) Designate and license providers to conduct |
screening, assessment,
referral and tracking of clients |
identified by the criminal justice system as
having |
indications of substance use
disorders and being
eligible |
to make an election for treatment under Section 40-5 of |
this Act, and
assist in the placement of individuals who |
are under court order to participate
in treatment.
|
(10) Identify and disseminate evidence-based best |
practice guidelines as maintained in administrative rule |
that can be utilized to determine a substance use disorder |
diagnosis.
|
|
(11) (Blank).
|
(12) Make grants with funds appropriated from the Drug |
Treatment Fund in
accordance with Section 7 of the |
Controlled Substance and Cannabis Nuisance
Act, or in |
accordance with Section 80 of the Methamphetamine Control |
and Community Protection Act, or in accordance with |
subsections (h) and (i) of Section 411.2 of the
Illinois |
Controlled Substances Act, or in accordance with Section |
6z-107 of the State Finance Act.
|
(13) Encourage all health and disability insurance |
programs to include
substance use disorder
treatment as a |
covered service and to use evidence-based best practice |
criteria as maintained in administrative rule and as |
required in Public Act 99-0480 in determining the |
necessity for such services and continued stay.
|
(14) Award grants and enter into fixed-rate and |
fee-for-service arrangements
with any other department, |
authority or commission of this State, or any other
state |
or the federal government or with any public or private |
agency, including
the disbursement of funds and furnishing |
of staff, to effectuate the purposes
of this Act.
|
(15) Conduct a public information campaign to inform |
the State's
Hispanic residents regarding the prevention |
and treatment of substance use disorders.
|
(b) In addition to the powers, duties and functions vested |
in it by this
Act, or by other laws of this State, the |
|
Department may undertake, but shall
not be limited to, the |
following activities:
|
(1) Require all organizations licensed or funded by |
the Department to include an education
component to inform |
participants regarding the causes and means of |
transmission
and methods of reducing the risk of acquiring |
or transmitting HIV infection and other infectious
|
diseases,
and to include funding for such education |
component in its support of the
program.
|
(2) Review all State agency applications for federal |
funds that include
provisions relating to the prevention, |
early intervention and treatment of
substance use
|
disorders in order to ensure consistency.
|
(3) Prepare, publish, evaluate, disseminate and serve |
as a central
repository for educational materials dealing |
with the nature and effects of
substance use disorders. |
Such materials may deal with
the educational needs of the |
citizens of Illinois, and may include at least
pamphlets |
that describe the causes and effects of fetal alcohol
|
spectrum disorders.
|
(4) Develop and coordinate, with regional and local |
agencies, education
and training programs for persons |
engaged in providing services
for persons with
substance |
use disorders,
which programs may include specific HIV |
education and training for program
personnel.
|
(5) Cooperate with and assist in the development of |
|
education, prevention, early intervention,
and treatment |
programs for employees of State and local governments and
|
businesses in the State.
|
(6) Utilize the support and assistance of interested |
persons in the
community, including recovering persons, to |
assist individuals
and communities in understanding the |
dynamics of substance use
disorders, and to encourage
|
individuals with substance use disorders to
voluntarily |
undergo treatment.
|
(7) Promote, conduct, assist or sponsor basic |
clinical, epidemiological
and statistical research into |
substance use disorders
and research into the prevention |
of those problems either solely or in
conjunction with any |
public or private agency.
|
(8) Cooperate with public and private agencies, |
organizations and
individuals in the development of |
programs, and to provide technical assistance
and |
consultation services for this purpose.
|
(9) (Blank).
|
(10) (Blank).
|
(11) Fund, promote, or assist entities dealing with
|
substance use disorders.
|
(12) With monies appropriated from the Group Home Loan |
Revolving Fund,
make loans, directly or through |
subcontract, to assist in underwriting the
costs of |
housing in which individuals recovering from substance use
|
|
disorders may reside, pursuant
to Section 50-40 of this |
Act.
|
(13) Promulgate such regulations as may be necessary |
to carry out the purposes and enforce the
provisions of |
this Act.
|
(14) Provide funding to help parents be effective in |
preventing
substance use disorders by building an |
awareness of the family's
role in preventing substance use |
disorders through adjusting expectations, developing new |
skills,
and setting positive family goals. The programs |
shall include, but not be
limited to, the following |
subjects: healthy family communication; establishing
rules |
and limits; how to reduce family conflict; how to build |
self-esteem,
competency, and responsibility in children; |
how to improve motivation and
achievement; effective |
discipline; problem solving techniques; and how to talk
|
about drugs and alcohol. The programs shall be open to all |
parents.
|
(15) Establish an Opioid Remediation Services Capital
|
Investment Grant Program. The Department may, subject to |
appropriation and approval through the Opioid Overdose |
Prevention and Recovery Steering Committee, after |
recommendation by the Illinois Opioid Remediation Advisory |
Board, and certification by the Office of the Attorney |
General, make capital improvement grants to units of local |
government and substance use prevention, treatment, and |
|
recovery service providers addressing opioid remediation |
in the State for approved abatement uses under the |
Illinois Opioid Allocation Agreement. The Illinois Opioid |
Remediation State Trust Fund shall be the source of |
funding for the program. Eligible grant recipients shall |
be units of local government and substance use prevention, |
treatment, and recovery service providers that offer |
facilities and services in a manner that supports and |
meets the approved uses of the opioid settlement funds. |
Eligible grant recipients have no entitlement to a grant |
under this Section. The Department of Human Services may |
consult with the Capital Development Board, the Department |
of Commerce and Economic Opportunity, and the Illinois |
Housing Development Authority to adopt rules to implement |
this Section and may create a competitive application |
procedure for grants to be awarded. The rules may specify |
the manner of applying for grants; grantee eligibility |
requirements; project eligibility requirements; |
restrictions on the use of grant moneys; the manner in |
which grantees must account for the use of grant moneys; |
and any other provision that the Department of Human |
Services determines to be necessary or useful for the |
administration of this Section. Rules may include a |
requirement for grantees to provide local matching funds |
in an amount equal to a specific percentage of the grant. |
No portion of an opioid remediation services capital |
|
investment grant awarded under this Section may be used by |
a grantee to pay for any ongoing operational costs or |
outstanding debt. The Department of Human Services may |
consult with the Capital Development Board, the Department |
of Commerce and Economic Opportunity, and the Illinois |
Housing Development Authority in the management and |
disbursement of funds for capital-related projects. The |
Capital Development Board, the Department of Commerce and |
Economic Opportunity, and the Illinois Housing Development |
Authority shall act in a consulting role only for the |
evaluation of applicants, scoring of applicants, or |
administration of the grant program. |
(c) There is created within the Department of Human |
Services an Office of Opioid Settlement Administration. The |
Office shall be responsible for implementing and administering |
approved abatement programs as described in Exhibit B of the |
Illinois Opioid Allocation Agreement, effective December 30, |
2021. The Office may also implement and administer other |
opioid-related programs, including but not limited to |
prevention, treatment, and recovery services from other funds |
made available to the Department of Human Services. The |
Secretary of Human Services shall appoint or assign staff as |
necessary to carry out the duties and functions of the Office. |
(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21; |
102-699, eff. 4-19-22.)
|
|
Section 5-20. The Department of Central Management |
Services Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 405-293 as follows: |
(20 ILCS 405/405-293)
|
Sec. 405-293. Professional Services. |
(a) The Department of Central Management Services (the |
"Department") is responsible for providing professional |
services for or on behalf of State agencies for all functions |
transferred to the Department by Executive Order No. 2003-10 |
(as modified by Section 5.5 of the Executive Reorganization |
Implementation Act) and may, with the approval of the |
Governor, provide additional services to or on behalf of State |
agencies. To the extent not compensated by direct fund |
transfers, the Department shall be reimbursed from each State |
agency receiving the benefit of these services. The |
reimbursement shall be determined by the Director of Central |
Management Services as the amount required to reimburse the |
Professional Services Fund for the Department's costs of |
rendering the professional services on behalf of that State |
agency. For purposes of this Section, funds due the Department |
for professional services may be made through appropriations |
to the Department from the General Revenue Fund, as determined |
by and provided for by the General Assembly. |
(a-5) The Department of Central Management Services may |
provide professional services and other services as authorized |
|
by subsection (a) for or on behalf of other State entities with |
the approval of both the Director of Central Management |
Services and the appropriate official or governing body of the |
other State entity.
|
(b) For the purposes of this Section, "State agency" means |
each State agency, department, board, and commission directly |
responsible to the Governor. "Professional services" means |
legal services, internal audit services, and other services as |
approved by the Governor. "Other State entity" means the |
Illinois State Board of Education and the Illinois State Toll |
Highway Authority.
|
(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.) |
Section 5-25. The Children and Family Services Act is |
amended by changing Section 25 as follows:
|
(20 ILCS 505/25) (from Ch. 23, par. 5025)
|
Sec. 25. Funds Grants, gifts, or legacies ; Putative Father |
Registry fees.
|
(a) The DCFS Special Purposes Trust Fund is created as a |
trust fund in the State treasury. The Department is authorized |
to accept and deposit into the Fund moneys received from |
grants, gifts, or any other source, public or private, in |
support of the activities authorized by this Act or on behalf |
of any institution or program of the Department. Moneys |
received from federal sources or pursuant to Section 8.27 of |
|
the State Finance Act or Section 5-9-1.8 of the Unified Code of |
Corrections shall not be deposited into the Fund To accept and |
hold in behalf of the State, if for the public
interest, a |
grant, gift or legacy of money or property to the
State of |
Illinois, to the Department, or to any institution or program |
of
the Department made in trust for the maintenance or support |
of a resident
of an institution of the Department, or for any |
other legitimate purpose
connected with such institution or |
program. The Department shall cause
each gift, grant or legacy |
to be kept as a distinct fund, and
shall invest the same in the |
manner provided by the laws of this State as
the same now |
exist, or shall hereafter be enacted, relating to securities
|
in which the deposit in savings banks may be invested. But the |
Department
may, in its discretion, deposit in a proper trust |
company or savings bank,
during the continuance of the trust, |
any fund so left in trust for the life
of a person, and shall |
adopt rules and regulations governing the deposit,
transfer, |
or withdrawal of such fund. The Department shall on the
|
expiration of any trust as provided in any instrument creating |
the same,
dispose of the fund thereby created in the manner |
provided in such
instrument. The Department shall include in |
its required reports a
statement showing what funds are so |
held by it and the condition thereof.
Monies found on |
residents at the time of their
admission, or
accruing to them |
during their period of institutional care, and monies
|
deposited with the superintendents by relatives, guardians
or |
|
friends of
residents for the special comfort and pleasure of |
such resident, shall
remain in the custody of such |
superintendents who shall
act as trustees for
disbursement to, |
in behalf of, or for the benefit of such resident. All
types of |
retirement and pension benefits from private and public |
sources
may be paid directly to the superintendent of the |
institution where the
person is a resident, for deposit to the |
resident's trust fund account .
|
(b) The Department shall deposit hold all Putative Father |
Registry fees collected under Section 12.1 of the Adoption Act |
into the DCFS Special Purposes Trust Fund in a distinct fund |
for the Department's use in maintaining the Putative Father |
Registry. The Department shall invest the moneys in the fund |
in the same manner as moneys in the funds described in |
subsection (a) and shall include in its required reports a |
statement showing the condition of the fund.
|
(c) The DCFS Federal Projects Fund is created as a federal |
trust fund in the State treasury. Moneys in the DCFS Federal |
Projects Fund shall be used for the specific purposes |
established by the terms and conditions of the federal grant |
or award and for other authorized expenses in accordance with |
federal requirements. |
(Source: P.A. 94-1010, eff. 10-1-06.)
|
Section 5-30. The Illinois Promotion Act is amended by |
changing Section 3, 4a, and 8a as follows:
|
|
(20 ILCS 665/3) (from Ch. 127, par. 200-23)
|
Sec. 3. Definitions. The following words and terms, |
whenever used or
referred to
in this Act, shall have the |
following meanings, except where the context
may otherwise |
require:
|
(a) "Department" means the Department of Commerce and |
Economic Opportunity of the State of Illinois.
|
(b) "Local promotion group" means any non-profit |
corporation,
organization, association, agency or committee |
thereof formed for the
primary purpose of publicizing, |
promoting, advertising or otherwise
encouraging the |
development of tourism in any municipality, county, or
region |
of Illinois.
|
(c) "Promotional activities" means preparing, planning and
|
conducting campaigns of information, advertising and publicity |
through
such media as newspapers, radio, television, |
magazines, trade journals,
moving and still photography, |
posters, outdoor signboards and personal
contact within and |
without the State of Illinois; dissemination of
information, |
advertising, publicity, photographs and other literature
and |
material designed to carry out the purpose of this Act; and
|
participation in and attendance at meetings and conventions |
concerned
primarily with tourism, including travel to and from |
such meetings.
|
(d) "Municipality" means "municipality" as defined in |
|
Section 1-1-2
of the Illinois Municipal Code, as heretofore |
and hereafter amended.
|
(e) "Tourism" means travel 50 miles or more one-way or an |
overnight trip
outside of a person's normal routine.
|
(f) "Municipal amateur sports facility" means a sports |
facility that: (1) is owned by a unit of local government; (2) |
has contiguous indoor sports competition space; (3) is |
designed to principally accommodate and host amateur |
competitions for youths, adults, or both; and (4) is not used |
for professional sporting events where participants are |
compensated for their participation. |
(g) "Municipal convention center" means a convention |
center or civic center owned by a unit of local government or |
operated by a convention center authority, or a municipal |
convention hall as defined in paragraph (1) of Section 11-65-1 |
of the Illinois Municipal Code , with contiguous exhibition |
space ranging between 30,000 and 125,000 square feet . |
(h) "Convention center authority" means an Authority, as |
defined by the Civic Center Code, that operates a municipal |
convention center with contiguous exhibition space ranging |
between 30,000 and 125,000 square feet . |
(i) "Incentive" means: (1) a financial incentive provided |
by a unit of local government , a local promotion group, a |
not-for-profit organization, a for-profit organization, or a |
convention center authority to attract a convention, meeting, |
or trade show held at a municipal convention center that, but |
|
for the incentive, would not have occurred in the State or been |
retained in the State; or (2) a financial incentive provided |
by a unit of local government , a local promotion group, a |
not-for-profit organization, a for-profit organization, or a |
convention center authority for attracting a sporting event |
held at its municipal amateur sports facility that, but for |
the incentive, would not have occurred in the State or been |
retained in the State; but (3) only a financial incentive |
offered or provided to a person or entity in the form of |
financial benefits or costs which are allowable costs pursuant |
to the Grant Accountability and Transparency Act. |
(j) "Unit of local government" has the meaning provided in |
Section 1 of Article VII of the Illinois Constitution. |
(k) "Local parks" means any park, recreation area, or |
other similar facility owned or operated by a unit of local |
government. |
(Source: P.A. 101-10, eff. 6-5-19; 102-287, eff. 8-6-21.)
|
(20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
|
Sec. 4a. Funds.
|
(1) All moneys deposited into in the Tourism Promotion |
Fund pursuant to this
subsection are allocated to the |
Department for utilization, as
appropriated, in the |
performance of its powers under Section 4; except that during |
fiscal year 2013, the Department shall reserve $9,800,000 of |
the total funds available for appropriation in the Tourism |
|
Promotion Fund for appropriation to the Historic Preservation |
Agency for the operation of the Abraham Lincoln Presidential |
Library and Museum and State historic sites; and except that |
beginning in fiscal year 2019, moneys in the Tourism Promotion |
Fund may also be allocated to the Illinois Department of |
Agriculture, the Illinois Department of Natural Resources, and |
the Abraham Lincoln Presidential Library and Museum for |
utilization, as appropriated, to administer their |
responsibilities as State agencies promoting tourism in |
Illinois, and for tourism-related purposes.
|
As soon as possible after the first day of each month, |
beginning July 1,
1997 and ending on the effective date of this |
amendatory Act of the 100th General Assembly, upon |
certification of the Department of Revenue, the Comptroller |
shall
order transferred and the Treasurer shall transfer from |
the General Revenue
Fund to the Tourism Promotion Fund an |
amount equal to 13% of the net
revenue realized from the Hotel |
Operators' Occupation Tax Act plus an amount
equal to 13% of |
the net revenue realized from any tax imposed under
Section
|
4.05 of the Chicago World's Fair-1992 Authority Act during the |
preceding month.
"Net revenue realized for a month" means the |
revenue collected by the State
under that Act during the |
previous month less the amount paid out during that
same month |
as refunds to taxpayers for overpayment of liability under |
that
Act.
|
(1.1) (Blank).
|
|
(2) (Blank). As soon as possible after the first day of |
each month,
beginning July 1,
1997 and ending on the effective |
date of this amendatory Act of the 100th General Assembly, |
upon certification of the Department of Revenue, the |
Comptroller shall
order transferred and the Treasurer shall |
transfer from the General Revenue
Fund to the Tourism
|
Promotion Fund an amount equal to 8% of the net revenue |
realized from the Hotel
Operators' Occupation Tax plus an |
amount equal to 8% of the net revenue
realized from any tax |
imposed under Section 4.05 of the Chicago World's
Fair-1992 |
Authority Act during the preceding month. "Net revenue |
realized for
a
month" means the revenue collected by the State |
under that Act during the
previous month less the amount paid |
out during that same month as refunds to
taxpayers for |
overpayment of liability under that Act.
|
All monies deposited in the Tourism Promotion Fund under |
this
subsection (2) shall be used solely as provided in this |
subsection to
advertise and promote tourism throughout |
Illinois. Appropriations of monies
deposited in the Tourism |
Promotion Fund pursuant to this subsection (2)
shall be used |
solely for advertising to promote tourism, including but not
|
limited to advertising production and direct advertisement |
costs, but shall
not be used to employ any additional staff, |
finance any individual event,
or lease, rent or purchase any |
physical facilities. The Department shall
coordinate its |
advertising under this subsection (2) with other public and
|
|
private entities in the State engaged in similar promotion |
activities.
Print or electronic media production made pursuant |
to this subsection (2)
for advertising promotion shall not |
contain or include the physical
appearance of or reference to |
the name or position of any public officer.
"Public officer" |
means a person who is elected to office pursuant to
statute, or |
who is appointed to an office which is established, and the
|
qualifications and duties of which are prescribed, by statute, |
to discharge
a public duty for the State or any of its |
political subdivisions. |
(3) (Blank). Notwithstanding anything in this Section to |
the contrary, amounts transferred from the General Revenue |
Fund to the Tourism Promotion Fund pursuant to this Section |
shall not exceed $26,300,000 in State fiscal year 2012.
|
(4) (Blank). As soon as possible after the first day of |
each month, beginning July 1, 2017 and ending June 30, 2018, if |
the amount of revenue deposited into the Tourism Promotion |
Fund under subsection (c) of Section 6 of the Hotel Operators' |
Occupation Tax Act is less than 21% of the net revenue realized |
from the Hotel Operators' Occupation Tax during the preceding |
month, then, upon certification of the Department of Revenue, |
the State Comptroller shall direct and the State Treasurer |
shall transfer from the General Revenue Fund to the Tourism |
Promotion Fund an amount equal to the difference between 21% |
of the net revenue realized from the Hotel Operators' |
Occupation Tax during the preceding month and the amount of |
|
revenue deposited into the Tourism Promotion Fund under |
subsection (c) of Section 6 of the Hotel Operators' Occupation |
Tax Act. |
(5) As soon as possible after the first day of each month, |
beginning July 1, 2018, if the amount of revenue deposited |
into the Tourism Promotion Fund under Section 6 of the Hotel |
Operators' Occupation Tax Act is less than 21% of the net |
revenue realized from the Hotel Operators' Occupation Tax |
during the preceding month, then, upon certification of the |
Department of Revenue, the State Comptroller shall direct and |
the State Treasurer shall transfer from the General Revenue |
Fund to the Tourism Promotion Fund an amount equal to the |
difference between 21% of the net revenue realized from the |
Hotel Operators' Occupation Tax during the preceding month and |
the amount of revenue deposited into the Tourism Promotion |
Fund under Section 6 of the Hotel Operators' Occupation Tax |
Act. |
(6) In addition to any other transfers that may be |
provided for by law, on the effective date of the changes made |
to this Section by this amendatory Act of the 103rd General |
Assembly, or as soon thereafter as practical, but no later |
than June 30, 2023, the State Comptroller shall direct and the |
State Treasurer shall transfer from the Tourism Promotion Fund |
into the designated funds the following amounts: |
International Tourism Fund ..............$2,274,267.36 |
Chicago Travel Industry Promotion Fund ..$4,396,916.95 |
|
Local Tourism Fund ......................$7,367,503.22 |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
|
(20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
|
Sec. 8a. Tourism grants and loans.
|
(1) The Department is authorized to make grants and loans, |
subject to
appropriations by the General Assembly for this |
purpose from the Tourism
Promotion Fund,
to counties, |
municipalities, other units of local government, local |
promotion groups, not-for-profit
organizations, or
for-profit |
businesses for the development or improvement of tourism
|
attractions in Illinois. Individual grants and loans shall not
|
exceed
$1,000,000
and shall not exceed 50% of the entire |
amount of the actual expenditures for
the development or |
improvement of a tourist attraction. Agreements for
loans made |
by the Department pursuant to this subsection may contain
|
provisions regarding term, interest rate, security as may be |
required by
the Department and any other provisions the |
Department may require to
protect the State's interest.
|
(2) From appropriations to the Department from the State |
CURE fund for this purpose, the Department shall establish |
Tourism Attraction grants for purposes outlined in subsection |
(1). Grants under this subsection shall not exceed $1,000,000 |
but may exceed 50% of the entire amount of the actual |
expenditure for the development or improvement of a tourist |
attraction, including, but not limited to, festivals. |
|
Expenditures of such funds shall be in accordance with the |
permitted purposes under Section 9901 of the American Rescue |
Plan Act of 2021 and all related federal guidance.
|
(3) Subject to appropriation, the Department is authorized |
to issue competitive grants with initial terms of up to 5 years |
for the purpose of administering an incentive program that |
will attract or retain conventions, meetings, sporting events, |
and trade shows in Illinois with the goal of increasing |
business or leisure travel. |
(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21; |
102-813, eff. 5-13-22.)
|
Section 5-31. The Department of Human Services Act is |
amended by adding Section 1-85 as follows: |
(20 ILCS 1305/1-85 new) |
Sec. 1-85. Home Illinois Program. Subject to |
appropriation, the Department of Human Services shall |
establish the Home Illinois Program. The Home Illinois Program |
shall focus on preventing and ending homelessness in Illinois |
and may include, but not be limited to, homeless prevention, |
emergency and transitional housing, rapid rehousing, outreach, |
capital investment, and related services and supports for |
individuals at risk or experiencing homelessness. The |
Department may establish program eligibility criteria and |
other program requirements by rule. The Department of Human |
|
Services may consult with the Capital Development Board, the |
Department of Commerce and Economic Opportunity, and the |
Illinois Housing Development Authority in the management and |
disbursement of funds for capital related projects. The |
Capital Development Board, the Department of Commerce and |
Economic Opportunity, and the Illinois Housing Development |
Authority shall act in a consulting role only for the |
evaluation of applicants, scoring of applicants, or |
administration of the grant program. |
Section 5-32. The Department of Innovation and Technology |
Act is amended by adding Section 1-16 as follows: |
(20 ILCS 1370/1-16 new) |
Sec. 1-16. Personnel. The Governor may, with the advice |
and consent of the Senate, appoint a person within the |
Department to serve as the Deputy Secretary. The Deputy |
Secretary shall receive an annual salary as set by the |
Governor and shall be paid out of appropriations to the |
Department. The Deputy Secretary shall not be subject to the |
Personnel Code. The duties of the Deputy Secretary shall |
include the coordination of the State's digital modernization |
and other duties as assigned by the Secretary. |
Section 5-33. The Disabilities Services Act of 2003 is |
amended by changing Sections 51, 52, and 53 as follows: |
|
(20 ILCS 2407/51) |
Sec. 51. Legislative intent. It is the intent of the |
General Assembly to promote the civil rights of persons with |
disabilities by providing community-based service for persons |
with disabilities when such services are determined |
appropriate and desired, as required by Title II of the |
Americans with Disabilities Act under the United States |
Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 |
(1999). In accordance with Section 6071 of the Deficit |
Reduction Act of 2005 (P.L. 109-171) , as amended by the |
federal Consolidated Appropriations Act, 2021 (P.L. 116-260) , |
the purpose of this Act is (i) to identify and reduce barriers |
or mechanisms, whether in State law, the State Medicaid Plan, |
the State budget, or otherwise, that prevent or restrict the |
flexible use of public funds to enable individuals with |
disabilities to receive support for appropriate and necessary |
long-term care services in settings of their choice; (ii) to |
increase the use of home and community-based long-term care |
services, rather than institutions or long-term care |
facilities; (iii) to increase the ability of the State |
Medicaid program to assure continued provision of home and |
community-based long-term care services to eligible |
individuals who choose to transition from an institution or a |
long-term care facility to a community setting; and (iv) to |
ensure that procedures are in place that are at least |
|
comparable to those required under the qualified home and |
community-based program to provide quality assurance for |
eligible individuals receiving Medicaid home and |
community-based long-term care services and to provide for |
continuous quality improvement in such services. Utilizing the |
framework created by the "Money Follows the Person" |
demonstration project, approval received by the State on May |
14, 2007, and any subsequently enacted "Money Follows the |
Person" demonstration project or initiative terms and |
conditions, the purpose of this Act is to codify and reinforce |
the State's commitment to promote individual choice and |
control and increase utilization of home and community-based |
services through: |
(a) Increased ability of the State Medicaid program to |
ensure continued provision of home and community-based |
long-term care services to eligible individuals who choose |
to transition from an institution to a community setting. |
(b) Assessment and removal of barriers to community |
reintegration, including development of a comprehensive |
housing strategy. |
(c) Expand availability of consumer self-directed |
service options. |
(d) Increased use of home and community-based |
long-term care services, rather than institutions or |
long-term care facilities , such that the percentage of the |
State long-term care budget expended for community-based |
|
services increases from its current 28.5% to at least 37% |
in the next 5 years . |
(e) Creation and implementation of interagency |
agreements or budgetary mechanisms to allow for the |
flexible movement of allocated dollars from institutional |
budget appropriations to appropriations supporting home |
and community-based services or Medicaid State Plan |
options. |
(f) Creation of an equitable, clinically sound and |
cost-effective system for identification and review of |
community transition candidates across all long-term care |
systems; including improvement of prescreening, assessment |
for rapid reintegration and targeted review of longer stay |
residents, training and outreach education for providers |
and consumers on community alternatives across all |
long-term care systems. |
(g) Development and implementation of data and |
information systems to track individuals across service |
systems and funding streams; support responsive |
eligibility determination; facilitate placement and care |
decisions; identify individuals with potential for |
transition; and drive planning for the development of |
community-based alternatives. |
(h) Establishment of procedures that are at least |
comparable to those required under the qualified home and |
community-based program to provide quality assurance for |
|
eligible individuals receiving Medicaid home and |
community-based long-term care services and to provide for |
continuous quality improvement in such services. |
(i) Nothing in this amendatory Act of the 95th General |
Assembly shall diminish or restrict the choice of an |
individual to reside in an institution or the quality of |
care they receive.
|
(Source: P.A. 95-438, eff. 1-1-08.) |
(20 ILCS 2407/52) |
Sec. 52. Applicability; definitions. In accordance with |
Section 6071 of the Deficit Reduction Act of 2005 (P.L. |
109-171), as used in this Article: |
"Departments". The term "Departments" means for the |
purposes of this Act, the Department of Human Services, the |
Department on Aging, Department of Healthcare and Family |
Services and Department of Public Health, unless otherwise |
noted. |
"Home and community-based long-term care services". The |
term "home and community-based long-term care services" means, |
with respect to the State Medicaid program, a service aid, or |
benefit, home and community-based services, including, but not |
limited to, home health and personal care services, that are |
provided to a person with a disability, and are voluntarily |
accepted, as part of his or her long-term care that: (i) is |
provided under the State's qualified home and community-based |
|
program or that could be provided under such a program but is |
otherwise provided under the Medicaid program; (ii) is |
delivered in a qualified residence; and (iii) is necessary for |
the person with a disability to live in the community. |
"ID/DD community care facility". The term "ID/DD community |
care facility", for the purposes of this Article, means a |
skilled nursing or intermediate long-term care facility |
subject to licensure by the Department of Public Health under |
the ID/DD Community Care Act or the MC/DD Act, an intermediate |
care facility for persons with developmental disabilities |
(ICF-DDs), and a State-operated developmental center or mental |
health center, whether publicly or privately owned. |
"Money Follows the Person" Demonstration. Enacted by the |
Deficit Reduction Act of 2005 , as amended by the federal |
Consolidated Appropriations Act, 2021 (P.L. 116-260) , the |
Money Follows the Person (MFP) Rebalancing Demonstration is |
part of a comprehensive, coordinated strategy to assist |
states, in collaboration with stakeholders, to make widespread |
changes to their long-term care support systems. This |
initiative will assist states in their efforts to reduce their |
reliance on institutional care while developing |
community-based long-term care opportunities, enabling the |
elderly and people with disabilities to fully participate in |
their communities. |
"Public funds" mean any funds appropriated by the General |
Assembly to the Departments of Human Services, on Aging, of |
|
Healthcare and Family Services and of Public Health for |
settings and services as defined in this Article. |
"Qualified residence". The term "qualified residence" |
means, with respect to an eligible individual: (i) a home |
owned or leased by the individual or the individual's |
authorized representative (as defined by P.L. 109-171); (ii) |
an apartment with an individual lease, with lockable access |
and egress, and which includes living, sleeping, bathing, and |
cooking areas over which the individual or the individual's |
family has domain and control; or (iii) a residence, in a |
community-based residential setting, in which no more than 4 |
unrelated individuals reside. Where qualified residences are |
not sufficient to meet the demand of eligible individuals, |
time-limited exceptions to this definition may be developed |
through administrative rule. |
"Self-directed services". The term "self-directed |
services" means, with respect to home and community-based |
long-term services for an eligible individual, those services |
for the individual that are planned and purchased under the |
direction and control of the individual or the individual's |
authorized representative, including the amount, duration, |
scope, provider, and location of such services, under the |
State Medicaid program consistent with the following |
requirements: |
(a) Assessment: there is an assessment of the needs, |
capabilities, and preference of the individual with |
|
respect to such services. |
(b) Individual service care or treatment plan: based |
on the assessment, there is development jointly with such |
individual or individual's authorized representative, a |
plan for such services for the individual that (i) |
specifies those services, if any, that the individual or |
the individual's authorized representative would be |
responsible for directing; (ii) identifies the methods by |
which the individual or the individual's authorized |
representative or an agency designated by an individual or |
representative will select, manage, and dismiss providers |
of such services.
|
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; |
99-642, eff. 7-28-16.) |
(20 ILCS 2407/53) |
Sec. 53. Rebalancing benchmarks. |
(a) Illinois' long-term care system is in a state of |
transformation, as evidenced by the creation and subsequent |
work products of the Disability Services Advisory Committee, |
Older Adult Services Advisory Committee, Housing Task Force |
and other executive and legislative branch initiatives. |
(b) Illinois' Money Follows the Person demonstrations or |
initiatives capitalize demonstration approval capitalizes on |
this progress and commit commits the State to transition |
approximately 3,357 older persons and persons with |
|
developmental, physical , or psychiatric disabilities from |
institutional to home and community-based settings, as |
appropriate resulting in an increased percentage of long-term |
care community spending over the next 5 years . |
(c) (Blank). The State will endeavor to increase the |
percentage of community-based long-term care spending over the |
next 5 years according to the following timeline: |
Estimated baseline: 28.5% |
Year 1: 30% |
Year 2: 31% |
Year 3: 32% |
Year 4: 35% |
Year 5: 37% |
(d) The Departments will utilize interagency agreements |
and will seek legislative authority to implement a Money |
Follows the Person budgetary mechanism to allocate or |
reallocate funds for the purpose of expanding the |
availability, quality or stability of home and community-based |
long-term care services and supports for persons with |
disabilities. |
(e) The allocation of public funds for home and |
community-based long-term care services shall not have the |
effect of: (i) diminishing or reducing the quality of services |
available to residents of long-term care facilities; (ii) |
forcing any residents of long-term care facilities to |
involuntarily accept home and community-based long-term care |
|
services, or causing any residents of long-term care |
facilities to be involuntarily transferred or discharged; |
(iii) causing reductions in long-term care facility |
reimbursement rates in effect as of July 1, 2008; or (iv) |
diminishing access to a full array of long-term care options.
|
(Source: P.A. 95-438, eff. 1-1-08.) |
Section 5-35. The Illinois State Police Law of the
Civil |
Administrative Code of Illinois is amended by changing Section |
2605-407 as follows: |
(20 ILCS 2605/2605-407) |
Sec. 2605-407. Illinois State Police Federal Projects |
Fund. |
(a) The Illinois State Police Federal Projects Fund is |
established as a federal trust fund in the State treasury. |
This federal Trust Fund is established to receive funds |
awarded to the Illinois State Police from the following: (i) |
all federal departments and agencies for the specific purposes |
established by the terms and conditions of the federal awards |
and (ii) federal pass-through grants from State departments |
and agencies for the specific purposes established by the |
terms and conditions of the grant agreements. Any interest |
earnings that are attributable to moneys in the federal trust |
fund must be deposited into the Fund.
|
(b) In addition to any other transfers that may be |
|
provided for by law, on July 1, 2023, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $2,000,000 from the State |
Police Services Fund to the Illinois State Police Federal |
Projects Fund. |
(Source: P.A. 102-538, eff. 8-20-21.) |
Section 5-40. The State Fire Marshal Act is amended by |
adding Section 2.8 as follows: |
(20 ILCS 2905/2.8 new) |
Sec. 2.8. Fire Station Rehabilitation and Construction |
Grant Program. The Office shall establish and administer a |
Fire Station Rehabilitation and Construction Grant Program to |
award grants to units of local government for the |
rehabilitation or construction of fire stations. The Office |
shall adopt any rules necessary for the implementation and |
administration of this Section. |
Section 5-45. The Governor's Office of Management and |
Budget Act is amended by adding Section 2.13 as follows: |
(20 ILCS 3005/2.13 new) |
Sec. 2.13. Appropriations; Railsplitter Tobacco Settlement |
Authority Bonds. Subject to appropriation, the Office may make |
payments from the Tobacco Settlement Recovery Fund to the |
|
trustee of those bonds issued by the Railsplitter Tobacco |
Settlement Authority with which the Authority has executed a |
bond indenture pursuant to the terms of the Railsplitter |
Tobacco Settlement Authority Act for the purpose of defeasing |
outstanding bonds of the Authority. |
Section 5-47. The Illinois Emergency Management Agency Act |
is amended by adding Section 17.8 as follows: |
(20 ILCS 3305/17.8 new) |
Sec. 17.8. IEMA State Projects Fund. The IEMA State |
Projects Fund is created as a trust fund in the State treasury. |
The Fund shall consist of any moneys appropriated to the |
Agency for purposes of the Illinois' Not-For-Profit Security |
Grant Program, a grant program authorized by subsection (g-5) |
of Section 5 of this Act, to provide funding support for target |
hardening activities and other physical security enhancements |
for qualifying not-for-profit organizations that are at high |
risk of terrorist attack. The Agency is authorized to use |
moneys appropriated from the Fund to make grants to |
not-for-profit organizations for target hardening activities, |
security personnel, and physical security enhancements and for |
the payment of administrative expenses associated with the |
Not-For-Profit Security Grant Program. As used in this |
Section, "target hardening activities" include, but are not |
limited to, the purchase and installation of security |
|
equipment on real property owned or leased by the |
not-for-profit organization. Grants, gifts, and moneys from |
any other source, public or private, may also be deposited |
into the Fund and used for the purposes authorized by this Act. |
Section 5-50. The State Finance Act is amended by changing |
Sections 5.62, 5.366, 5.581, 5.765, 5.857, 6, 6z-27, 6z-32, |
6z-35, 6z-43, 6z-100, 6z-121, 6z-126, 8.3, 8.12, 8g-1, 13.2, |
and 25 and by adding Sections 5.990, 5e-1, and 5h.6 as follows:
|
(30 ILCS 105/5.62) (from Ch. 127, par. 141.62)
|
Sec. 5.62. The Working Capital Revolving Fund. This |
Section is repealed on January 1, 2024. |
(Source: Laws 1919, p. 946.)
|
(30 ILCS 105/5.366)
|
Sec. 5.366. The Live and Learn Fund. This Section is |
repealed on January 1, 2024. |
(Source: P.A. 88-78; 88-670, eff. 12-2-94.)
|
(30 ILCS 105/5.581)
|
Sec. 5.581. The Professional Sports Teams Education Fund. |
This Section is repealed on January 1, 2024. |
(Source: P.A. 95-331, eff. 8-21-07.)
|
(30 ILCS 105/5.765)
|
|
Sec. 5.765. The Soil and Water Conservation District Fund. |
This Section is repealed on January 1, 2024. |
(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
|
(30 ILCS 105/5.857) |
(Section scheduled to be repealed on July 1, 2023) |
Sec. 5.857. The Capital Development Board Revolving Fund. |
This Section is repealed July 1, 2025 2023 .
|
(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20; |
102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) |
(30 ILCS 105/5.990 new) |
Sec. 5.990. The Imagination Library of Illinois Fund. |
(30 ILCS 105/5e-1 new) |
Sec. 5e-1. Transfers from Road Fund. In addition to any |
other transfers that may be provided for by law, on July 1, |
2023, or as soon thereafter as practical, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the sum of $10,000,000 from the Road Fund to the |
Federal Mass Transit Trust Fund. This Section is repealed on |
January 1, 2025. |
(30 ILCS 105/5h.6 new) |
Sec. 5h.6. Cash flow borrowing and health insurance funds |
liquidity. |
|
(a) To meet cash flow deficits and to maintain liquidity |
in the Community College Health Insurance Security Fund, the |
State Treasurer and the State Comptroller, as directed by the |
Governor, shall make transfers, on and after July 1, 2023 and |
through June 30, 2024, to the Community College Health |
Insurance Security Fund out of the Health Insurance Reserve |
Fund, to the extent allowed by federal law. |
The outstanding total transfers made from the Health |
Insurance Reserve Fund to the Community College Health |
Insurance Security Fund under this Section shall, at no time, |
exceed $50,000,000. Once the amount of $50,000,000 has been |
transferred from the Health Insurance Reserve Fund to the |
Community College Health Insurance Security Fund, additional |
transfers may be made from the Health Insurance Reserve Fund |
to the Community College Health Insurance Security Fund under |
this Section only to the extent that moneys have first been |
retransferred from the Community College Health Insurance |
Security Fund to the Health Insurance Reserve Fund. |
(b) If moneys have been transferred to the Community |
College Health Insurance Security Fund pursuant to subsection |
(a) of this Section, this amendatory Act of the 103rd General |
Assembly shall constitute the continuing authority for and |
direction to the State Treasurer and State Comptroller to |
reimburse the Health Insurance Reserve Fund from the Community |
College Health Insurance Security Fund by transferring to the |
Health Insurance Reserve Fund, at such times and in such |
|
amounts as directed by the Comptroller when necessary to |
support appropriated expenditures from the Health Insurance |
Reserve Fund, an amount equal to that transferred from the |
Health Insurance Reserve Fund, except that any moneys |
transferred pursuant to subsection (a) of this Section shall |
be repaid to the fund of origin within 108 months after the |
date on which they were borrowed. The continuing authority for |
reimbursement provided for in this subsection (b) shall expire |
96 months after the date of the last transfer made pursuant to |
subsection (a) of this Section, or June 30, 2032, whichever is |
sooner. |
(c) Beginning July 31, 2024, and every July 31 thereafter |
until all moneys borrowed pursuant to this Section have been |
repaid, the Comptroller shall annually report on every |
transfer made pursuant to this Section. The report shall |
identify the amount of each transfer, including the date and |
the end-of-day balance of the Health Insurance Reserve Fund |
and the Community College Health Insurance Security Fund on |
the date each transfer was made, and the status of all funds |
transferred under this Section for the previous fiscal year. |
All reports under this Section shall be provided in an |
electronic format to the Commission on Government Forecasting |
and Accountability and to the Governor's Office of Management |
and Budget.
|
(30 ILCS 105/6) (from Ch. 127, par. 142)
|
|
Sec. 6.
The gross or total proceeds, receipts and income |
of all lands
leased by the Department of Corrections and of all |
industrial
operations at the several State institutions and |
divisions under the
direction and supervision of the |
Department of Corrections shall be covered
into the State |
treasury into a state trust fund to be known as the "The |
Working
Capital Revolving Fund " . "Industrial operations", as |
herein used, means and
includes the operation of those State |
institutions producing, by the use of
materials, supplies and |
labor, goods, or wares or merchandise to be sold. On July 1, |
2023, or as soon thereafter as practical, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Working Capital |
Revolving Fund into the General Revenue Fund. Upon completion |
of the transfer, the Working Capital Revolving Fund is |
dissolved, and any future deposits due to that Fund and any |
outstanding obligations or liabilities of that Fund shall pass |
to the General Revenue Fund.
|
(Source: P.A. 90-372, eff. 7-1-98.)
|
(30 ILCS 105/6z-27)
|
Sec. 6z-27. All moneys in the Audit Expense Fund shall be
|
transferred, appropriated and used only for the purposes |
authorized by, and
subject to the limitations and conditions |
prescribed by, the Illinois State Auditing
Act. |
Within 30 days after July 1, 2023 2022 , or as soon |
|
thereafter as practical,
the State Comptroller shall order |
transferred and the State Treasurer shall transfer from the
|
following funds moneys in the specified amounts for deposit |
into the Audit Expense Fund: |
African-American HIV/AIDS Response Fund ................$1,421 |
Agricultural Premium Fund ............................$122,719 |
Alzheimer's Awareness Fund .............................$1,499 |
Alzheimer's Disease Research, Care, and Support Fund .....$662 |
Amusement Ride and Patron Safety Fund ..................$6,315 |
Assisted Living and Shared Housing Regulatory Fund .....$2,564 |
Capital Development Board Revolving Fund ..............$15,118 |
Care Provider Fund for Persons with a Developmental |
Disability ........................................$15,392 |
Carolyn Adams Ticket For The Cure Grant Fund .............$927 |
CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial |
Driver's License Information |
System/American Association of |
Motor Vehicle Administrators |
network/National Motor Vehicle |
Title Information Service Trust Fund) ..............$5,236 |
Chicago Police Memorial Foundation Fund ..................$708 |
Chicago State University Education Improvement Fund ...$13,666 |
Child Labor and Day and Temporary Labor |
Services Enforcement Fund .........................$11,991 |
Child Support Administrative Fund ......................$5,287 |
Clean Air Act Permit Fund ..............................$1,556 |
|
Coal Technology Development Assistance Fund ............$6,936 |
Common School Fund ...................................$343,892 |
Community Mental Health Medicaid Trust Fund ...........$14,084 |
Corporate Franchise Tax Refund Fund ....................$1,096 |
DCFS Children's Services Fund ..........................$8,766 |
Death Certificate Surcharge Fund .......................$2,060 |
Death Penalty Abolition Fund ...........................$2,448 |
Department of Business Services Special |
Operations Fund ...................................$13,889 |
Department of Human Services Community Services Fund ...$7,970 |
Downstate Public Transportation Fund ..................$11,631 |
Dram Shop Fund .......................................$142,500 |
Driver Services Administration Fund ....................$1,873 |
Drug Rebate Fund ......................................$42,473 |
Drug Treatment Fund ....................................$1,767 |
Education Assistance Fund ..........................$2,031,292 |
Emergency Public Health Fund ...........................$5,162 |
Environmental Protection Permit and Inspection Fund ....$1,447 |
Estate Tax Refund Fund ...................................$852 |
Facilities Management Revolving Fund ..................$50,148 |
Facility Licensing Fund ................................$5,522 |
Fair and Exposition Fund ...............................$4,248 |
Feed Control Fund ......................................$7,709 |
Fertilizer Control Fund ................................$6,849 |
Fire Prevention Fund ...................................$3,859 |
Fund for the Advancement of Education .................$24,772 |
|
General Assembly Operations Revolving Fund .............$1,146 |
General Professions Dedicated Fund .....................$4,039 |
General Revenue Fund ..............................$17,653,153 |
Governor's Administrative Fund .........................$2,832 |
Governor's Grant Fund .................................$17,709 |
Grade Crossing Protection Fund ...........................$930 |
Grant Accountability and Transparency Fund ...............$805 |
Guardianship and Advocacy Fund ........................$14,843 |
Hazardous Waste Fund .....................................$835 |
Health Facility Plan Review Fund .......................$1,776 |
Health and Human Services Medicaid Trust Fund ..........$6,554 |
Healthcare Provider Relief Fund ......................$407,107 |
Healthy Smiles Fund ......................................$738 |
Home Care Services Agency Licensure Fund ...............$3,101 |
Hospital Licensure Fund ................................$1,688 |
Hospital Provider Fund ...............................$138,829 |
ICCB Federal Trust Fund ................................$9,968 |
ICJIA Violence Prevention Fund ...........................$932 |
Illinois Affordable Housing Trust Fund ................$17,236 |
Illinois Clean Water Fund ..............................$2,152 |
Illinois Health Facilities Planning Fund ...............$3,094 |
IMSA Income Fund ......................................$12,417 |
Illinois Power Agency Operations Fund .................$62,583 |
Illinois School Asbestos Abatement Fund ..................$784 |
Illinois State Fair Fund ..............................$29,752 |
Illinois State Police Memorial Park Fund .................$681 |
|
Illinois Telecommunications Access Corporation Fund ....$1,668 |
Illinois Underground Utility Facilities |
Damage Prevention Fund .............................$4,276 |
Illinois Veterans' Rehabilitation Fund .................$5,943 |
Illinois Workers' Compensation Commission |
Operations Fund ..................................$243,187 |
Income Tax Refund Fund ................................$54,420 |
Lead Poisoning Screening, Prevention, and |
Abatement Fund ....................................$16,379 |
Live and Learn Fund ...................................$25,492 |
Lobbyist Registration Administration Fund ..............$1,471 |
Local Government Distributive Fund ....................$44,025 |
Long Term Care Monitor/Receiver Fund ..................$42,016 |
Long-Term Care Provider Fund ..........................$13,537 |
Low-Level Radioactive Waste Facility Development |
and Operation Fund ...................................$618 |
Mandatory Arbitration Fund .............................$2,104 |
Medical Special Purposes Trust Fund ......................$786 |
Mental Health Fund .....................................$9,376 |
Mental Health Reporting Fund ...........................$1,443 |
Metabolic Screening and Treatment Fund ................$32,049 |
Monitoring Device Driving Permit Administration |
Fee Fund ...........................................$1,616 |
Motor Fuel Tax Fund ...................................$36,238 |
Motor Vehicle License Plate Fund ......................$17,694 |
Multiple Sclerosis Research Fund .........................$758 |
|
Nuclear Safety Emergency Preparedness Fund ............$26,117 |
Nursing Dedicated and Professional Fund ................$2,420 |
Open Space Lands Acquisition and Development Fund ........$658 |
Partners For Conservation Fund ........................$89,847 |
Pension Stabilization Fund .............................$1,031 |
Personal Property Tax Replacement Fund ...............$290,755 |
Pesticide Control Fund ................................$30,513 |
Plumbing Licensure and Program Fund ....................$6,276 |
Police Memorial Committee Fund ...........................$813 |
Professional Services Fund ............................$72,029 |
Public Health Laboratory Services Revolving Fund .......$5,816 |
Public Transportation Fund ............................$46,826 |
Public Utility Fund ..................................$198,423 |
Radiation Protection Fund .............................$11,034 |
Renewable Energy Resources Trust Fund ..................$7,834 |
Road Fund ............................................$226,150 |
Regional Transportation Authority Occupation |
and Use Tax Replacement Fund .......................$1,167 |
School Infrastructure Fund .............................$7,749 |
Secretary of State DUI Administration Fund .............$2,694 |
Secretary of State Identification Security |
and Theft Prevention Fund .........................$12,676 |
Secretary of State Police Services Fund ..................$717 |
Secretary of State Special License Plate Fund ..........$4,203 |
Secretary of State Special Services Fund ..............$34,491 |
Securities Audit and Enforcement Fund ..................$8,198 |
|
Solid Waste Management Fund ............................$1,613 |
Special Olympics Illinois and Special |
Children's Charities Fund ............................$852 |
Special Education Medicaid Matching Fund ...............$5,131 |
Sports Wagering Fund ...................................$4,450 |
State and Local Sales Tax Reform Fund ..................$2,361 |
State Construction Account Fund .......................$37,865 |
State Gaming Fund .....................................$94,435 |
State Garage Revolving Fund ............................$8,977 |
State Lottery Fund ...................................$340,323 |
State Pensions Fund ..................................$500,000 |
State Treasurer's Bank Services Trust Fund .............$1,295 |
Supreme Court Special Purposes Fund ....................$1,722 |
Tattoo and Body Piercing Establishment |
Registration Fund ....................................$950 |
Tax Compliance and Administration Fund .................$1,483 |
Technology Management Revolving Fund .................$186,193 |
Tobacco Settlement Recovery Fund ......................$29,864 |
Tourism Promotion Fund ................................$50,155 |
Transportation Regulatory Fund ........................$78,256 |
Trauma Center Fund .....................................$1,960 |
Underground Storage Tank Fund ..........................$3,630 |
University of Illinois Hospital Services Fund ..........$6,712 |
Vehicle Hijacking and Motor Vehicle |
Theft Prevention and Insurance |
Verification Trust Fund ...........................$10,970 |
|
Vehicle Inspection Fund ................................$5,069 |
Weights and Measures Fund .............................$22,129 |
Youth Alcoholism and Substance Abuse Prevention Fund .....$526 |
Attorney General Court Ordered and Voluntary Compliance |
Payment Projects Fund .............................$38,974 |
Attorney General Sex Offender Awareness, |
Training, and Education Fund .........................$539 |
Aggregate Operations Regulatory Fund .....................$711 |
Agricultural Premium Fund .............................$25,265 |
Attorney General's State Projects and Court |
Ordered Distribution Fund .........................$43,667 |
Anna Veterans Home Fund ...............................$15,792 |
Appraisal Administration Fund ..........................$4,017 |
Attorney General Whistleblower Reward |
and Protection Fund ...............................$22,896 |
Bank and Trust Company Fund ...........................$78,017 |
Cannabis Expungement Fund ..............................$4,501 |
Capital Development Board Revolving Fund ...............$2,494 |
Care Provider Fund for Persons with |
a Developmental Disability .........................$5,707 |
CDLIS/AAMVAnet/NMVTIS Trust Fund .......................$1,702 |
Cemetery Oversight Licensing and Disciplinary Fund .....$5,002 |
Chicago State University Education |
Improvement Fund ..................................$16,218 |
Child Support Administrative Fund ......................$2,657 |
Clean Air Act Permit Fund .............................$10,108 |
|
Coal Technology Development Assistance Fund ...........$12,943 |
Commitment to Human Services Fund ....................$111,465 |
Common School Fund ...................................$445,997 |
Community Mental Health Medicaid Trust Fund ............$9,599 |
Community Water Supply Laboratory Fund ...................$637 |
Credit Union Fund .....................................$16,048 |
DCFS Children's Services Fund ........................$287,247 |
Department of Business Services |
Special Operations Fund ............................$4,402 |
Department of Corrections Reimbursement |
and Education Fund ................................$60,429 |
Design Professionals Administration |
and Investigation Fund .............................$3,362 |
Department of Human Services Community Services Fund ...$5,239 |
Downstate Public Transportation Fund ..................$30,625 |
Driver Services Administration Fund ......................$639 |
Drivers Education Fund .................................$1,202 |
Drug Rebate Fund ......................................$22,702 |
Drug Treatment Fund ......................................$571 |
Drycleaner Environmental Response Trust Fund .............$846 |
Education Assistance Fund ..........................$1,969,661 |
Environmental Protection Permit and |
Inspection Fund ....................................$7,079 |
Facilities Management Revolving Fund ..................$16,163 |
Federal High Speed Rail Trust Fund .....................$1,264 |
Federal Workforce Training Fund .......................$91,791 |
|
Feed Control Fund ......................................$1,701 |
Fertilizer Control Fund ................................$1,791 |
Fire Prevention Fund ...................................$3,507 |
Firearm Dealer License Certification Fund ................$648 |
Fund for the Advancement of Education .................$44,609 |
General Professions Dedicated Fund ....................$31,353 |
General Revenue Fund ..............................$17,663,958 |
Grade Crossing Protection Fund .........................$1,856 |
Hazardous Waste Fund ...................................$8,446 |
Health and Human Services Medicaid Trust Fund ..........$6,134 |
Healthcare Provider Relief Fund ......................$185,164 |
Horse Racing Fund ....................................$169,632 |
Hospital Provider Fund ................................$63,346 |
ICCB Federal Trust Fund ..............................$10,805 |
Illinois Affordable Housing Trust Fund .................$5,414 |
Illinois Charity Bureau Fund ...........................$3,298 |
Illinois Clean Water Fund .............................$11,951 |
Illinois Forestry Development Fund ....................$11,004 |
Illinois Gaming Law Enforcement Fund ...................$1,869 |
IMSA Income Fund .......................................$2,188 |
Illinois Military Family Relief Fund ...................$6,986 |
Illinois Power Agency Operations Fund .................$41,229 |
Illinois State Dental Disciplinary Fund ................$6,127 |
Illinois State Fair Fund .................................$660 |
Illinois State Medical Disciplinary Fund ..............$23,384 |
Illinois State Pharmacy Disciplinary Fund .............$10,308 |
|
Illinois Veterans Assistance Fund ......................$2,016 |
Illinois Veterans' Rehabilitation Fund ...................$862 |
Illinois Wildlife Preservation Fund ....................$1,742 |
Illinois Workers' Compensation Commission |
Operations Fund ....................................$4,476 |
Income Tax Refund Fund ...............................$239,691 |
Insurance Financial Regulation Fund ..................$104,462 |
Insurance Premium Tax Refund Fund .....................$23,121 |
Insurance Producer Administration Fund ...............$104,566 |
International Tourism Fund .............................$1,985 |
LaSalle Veterans Home Fund ............................$46,145 |
LEADS Maintenance Fund ...................................$681 |
Live and Learn Fund ....................................$8,120 |
Local Government Distributive Fund ...................$154,289 |
Long-Term Care Provider Fund ...........................$6,468 |
Manteno Veterans Home Fund ............................$93,493 |
Mental Health Fund ....................................$12,227 |
Mental Health Reporting Fund .............................$611 |
Monitoring Device Driving Permit |
Administration Fee Fund ..............................$617 |
Motor Carrier Safety Inspection Fund ...................$1,823 |
Motor Fuel Tax Fund ..................................$103,497 |
Motor Vehicle License Plate Fund .......................$5,656 |
Motor Vehicle Theft Prevention and Insurance |
Verification Trust Fund ............................$2,618 |
Nursing Dedicated and Professional Fund ...............$11,973 |
|
Off-Highway Vehicle Trails Fund ........................$1,994 |
Open Space Lands Acquisition and Development Fund .....$45,493 |
Optometric Licensing and Disciplinary Board Fund .......$1,169 |
Partners For Conservation Fund ........................$19,950 |
Pawnbroker Regulation Fund .............................$1,053 |
Personal Property Tax Replacement Fund ...............$203,036 |
Pesticide Control Fund .................................$6,845 |
Professional Services Fund .............................$2,778 |
Professions Indirect Cost Fund .......................$172,106 |
Public Pension Regulation Fund .........................$6,919 |
Public Transportation Fund ............................$77,303 |
Quincy Veterans Home Fund .............................$91,704 |
Real Estate License Administration Fund ...............$33,329 |
Registered Certified Public Accountants' |
Administration and Disciplinary Fund ...............$3,617 |
Renewable Energy Resources Trust Fund ..................$1,591 |
Rental Housing Support Program Fund ....................$1,539 |
Residential Finance Regulatory Fund ...................$20,510 |
Road Fund ............................................$399,062 |
Regional Transportation Authority Occupation and |
Use Tax Replacement Fund ...........................$5,205 |
Salmon Fund ..............................................$655 |
School Infrastructure Fund ............................$14,015 |
Secretary of State DUI Administration Fund .............$1,025 |
Secretary of State Identification Security |
and Theft Prevention Fund ..........................$4,502 |
|
Secretary of State Special License Plate Fund ..........$1,384 |
Secretary of State Special Services Fund ...............$8,114 |
Securities Audit and Enforcement Fund ..................$2,824 |
State Small Business Credit Initiative Fund ............$4,331 |
Solid Waste Management Fund ...........................$10,397 |
Special Education Medicaid Matching Fund ...............$2,924 |
Sports Wagering Fund ...................................$8,572 |
State Police Law Enforcement Administration Fund .......$6,822 |
State and Local Sales Tax Reform Fund .................$10,355 |
State Asset Forfeiture Fund ............................$1,740 |
State Aviation Program Fund ..............................$557 |
State Construction Account Fund ......................$195,722 |
State Crime Laboratory Fund ............................$7,743 |
State Gaming Fund ....................................$204,660 |
State Garage Revolving Fund ............................$3,731 |
State Lottery Fund ...................................$129,814 |
State Offender DNA Identification System Fund ..........$1,405 |
State Pensions Fund ..................................$500,000 |
State Police Firearm Services Fund ....................$16,122 |
State Police Services Fund ............................$21,151 |
State Police Vehicle Fund ..............................$3,013 |
State Police Whistleblower Reward |
and Protection Fund ................................$2,452 |
Subtitle D Management Fund .............................$1,431 |
Supplemental Low-Income Energy Assistance Fund ........$68,591 |
Tax Compliance and Administration Fund .................$5,259 |
|
Technology Management Revolving Fund .................$244,294 |
Tobacco Settlement Recovery Fund .......................$4,653 |
Tourism Promotion Fund ................................$35,322 |
Traffic and Criminal Conviction Surcharge Fund .......$136,332 |
Underground Storage Tank Fund .........................$20,429 |
University of Illinois Hospital Services Fund ..........$3,664 |
Vehicle Inspection Fund ...............................$11,203 |
Violent Crime Victims Assistance Fund .................$14,202 |
Weights and Measures Fund ..............................$6,127 |
Working Capital Revolving Fund ........................$18,120
|
Notwithstanding any provision of the law to the contrary, |
the General
Assembly hereby authorizes the use of such funds |
for the purposes set forth
in this Section.
|
These provisions do not apply to funds classified by the |
Comptroller
as federal trust funds or State trust funds. The |
Audit Expense Fund may
receive transfers from those trust |
funds only as directed herein, except
where prohibited by the |
terms of the trust fund agreement. The Auditor
General shall |
notify the trustees of those funds of the estimated cost of
the |
audit to be incurred under the Illinois State Auditing Act for |
the
fund. The trustees of those funds shall direct the State |
Comptroller and
Treasurer to transfer the estimated amount to |
the Audit Expense Fund.
|
The Auditor General may bill entities that are not subject |
to the above
transfer provisions, including private entities, |
related organizations and
entities whose funds are |
|
locally-held, for the cost of audits, studies, and
|
investigations incurred on their behalf. Any revenues received |
under this
provision shall be deposited into the Audit Expense |
Fund.
|
In the event that moneys on deposit in any fund are |
unavailable, by
reason of deficiency or any other reason |
preventing their lawful
transfer, the State Comptroller shall |
order transferred
and the State Treasurer shall transfer the |
amount deficient or otherwise
unavailable from the General |
Revenue Fund for deposit into the Audit Expense
Fund.
|
On or before December 1, 1992, and each December 1 |
thereafter, the
Auditor General shall notify the Governor's |
Office of Management
and Budget (formerly Bureau of the |
Budget)
of the amount
estimated to be necessary to pay for |
audits, studies, and investigations in
accordance with the |
Illinois State Auditing Act during the next succeeding
fiscal |
year for each State fund for which a transfer or reimbursement |
is
anticipated.
|
Beginning with fiscal year 1994 and during each fiscal |
year thereafter,
the Auditor General may direct the State |
Comptroller and Treasurer to
transfer moneys from funds |
authorized by the General Assembly for that
fund. In the event |
funds, including federal and State trust funds but
excluding |
the General Revenue Fund, are transferred, during fiscal year |
1994
and during each fiscal year thereafter, in excess of the |
amount to pay actual
costs attributable to audits, studies, |
|
and investigations as permitted or
required by the Illinois |
State Auditing Act or specific action of the General
Assembly, |
the Auditor General shall, on September 30, or as soon |
thereafter as
is practicable, direct the State Comptroller and |
Treasurer to transfer the
excess amount back to the fund from |
which it was originally transferred.
|
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
(30 ILCS 105/6z-32)
|
Sec. 6z-32. Partners for Planning and Conservation.
|
(a) The Partners for Conservation Fund (formerly known as |
the Conservation 2000 Fund) and the Partners for
Conservation |
Projects Fund (formerly known as the Conservation 2000 |
Projects Fund) are
created as special funds in the State |
Treasury. These funds
shall be used to establish a |
comprehensive program to protect Illinois' natural
resources |
through cooperative partnerships between State government and |
public
and private landowners. Moneys in these Funds may be
|
used, subject to appropriation, by the Department of Natural |
Resources, Environmental Protection Agency, and the
Department |
of Agriculture for purposes relating to natural resource |
protection,
planning, recreation, tourism, climate resilience, |
and compatible agricultural and economic development
|
activities. Without limiting these general purposes, moneys in |
these Funds may
be used, subject to appropriation, for the |
|
following specific purposes:
|
(1) To foster sustainable agriculture practices and |
control soil erosion,
sedimentation, and nutrient loss |
from farmland, including grants to Soil and Water |
Conservation Districts
for conservation practice |
cost-share grants and for personnel, educational, and
|
administrative expenses.
|
(2) To establish and protect a system of ecosystems in |
public and private
ownership through conservation |
easements, incentives to public and private
landowners, |
natural resource restoration and preservation, water |
quality protection and improvement, land use and watershed |
planning, technical assistance and grants, and
land |
acquisition provided these mechanisms are all voluntary on |
the part of the
landowner and do not involve the use of |
eminent domain.
|
(3) To develop a systematic and long-term program to |
effectively measure
and monitor natural resources and |
ecological conditions through investments in
technology |
and involvement of scientific experts.
|
(4) To initiate strategies to enhance, use, and |
maintain Illinois' inland
lakes through education, |
technical assistance, research, and financial
incentives.
|
(5) To partner with private landowners and with units |
of State, federal, and local government and with |
not-for-profit organizations in order to integrate State |
|
and federal programs with Illinois' natural resource |
protection and restoration efforts and to meet |
requirements to obtain federal and other funds for |
conservation or protection of natural resources. |
(6) To implement the State's Nutrient Loss Reduction |
Strategy, including, but not limited to, funding the |
resources needed to support the Strategy's Policy Working |
Group, cover water quality monitoring in support of |
Strategy implementation, prepare a biennial report on the |
progress made on the Strategy every 2 years, and provide |
cost share funding for nutrient capture projects. |
(7) To provide capacity grants to support soil and |
water conservation districts, including, but not limited |
to, developing soil health plans, conducting soil health |
assessments, peer-to-peer training, convening |
producer-led dialogues, professional development and |
travel stipends for meetings and educational events.
|
(b) The State Comptroller and State Treasurer shall |
automatically transfer
on the last day of each month, |
beginning on September 30, 1995 and ending on
June 30, 2024 |
2023 ,
from the General Revenue Fund to the Partners for |
Conservation
Fund,
an
amount equal to 1/10 of the amount set |
forth below in fiscal year 1996 and
an amount equal to 1/12 of |
the amount set forth below in each of the other
specified |
fiscal years:
|
|
|
1996 |
$ 3,500,000 |
|
1997 |
$ 9,000,000 |
|
1998 |
$10,000,000 |
|
1999 |
$11,000,000 |
|
2000 |
$12,500,000 |
|
2001 through 2004 |
$14,000,000 |
|
2005
| $7,000,000 | |
2006
| $11,000,000
| |
2007
| $0
| |
2008 through 2011
| $14,000,000
| |
2012 | $12,200,000 | |
2013 through 2017 | $14,000,000 | |
2018 | $1,500,000 | |
2019 | $14,000,000 | |
2020 | $7,500,000 | |
2021 through 2023 | $14,000,000 | |
2024 | $18,000,000 |
|
(c) The State Comptroller and State Treasurer shall |
automatically transfer on the last day of each month beginning |
on July 31, 2021 and ending June 30, 2022, from the |
Environmental Protection Permit and Inspection Fund to the |
Partners for Conservation Fund, an amount equal to 1/12 of |
$4,135,000.
|
(c-1) The State Comptroller and State Treasurer shall |
automatically transfer on the last day of each month beginning |
on July 31, 2022 and ending June 30, 2023, from the |
|
Environmental Protection Permit and Inspection Fund to the |
Partners for Conservation Fund, an amount equal to 1/12 of |
$5,900,000. |
(d) There shall be deposited into the Partners for
|
Conservation Projects Fund such
bond proceeds and other moneys |
as may, from time to time, be provided by law.
|
(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; |
102-699, eff. 4-19-22.)
|
(30 ILCS 105/6z-35)
|
Sec. 6z-35.
There is hereby created in the State Treasury |
a special fund
to be known as the Live and Learn Fund. The |
Comptroller and the Treasurer
shall transfer $1,742,000 from |
the General Revenue Fund into the Live and Learn
Fund each |
month. The first transfer shall be made 60 days after the |
effective
date of this amendatory Act of 1993, with subsequent |
transfers occurring on the
first of each month. Moneys |
deposited into the Fund may, subject to
appropriation, be used |
by the Secretary of State for any or all of the
following |
purposes:
|
(a) An organ donation awareness or education program.
|
(b) To provide additional funds for all types of |
library grants as
authorized and administered by the |
Secretary of State as State Librarian.
|
On July 1, 2023, any future deposits due to the Live and |
Learn Fund and any outstanding obligations or liabilities of |
|
that Fund shall pass to the General Revenue Fund. On November |
1, 2023, or as soon thereafter as practical, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the remaining balance from the Live and Learn Fund |
into the Secretary of State Special Services Fund. This |
Section is repealed on January 1, 2024. |
(Source: P.A. 88-78.)
|
(30 ILCS 105/6z-43)
|
Sec. 6z-43. Tobacco Settlement Recovery Fund.
|
(a) There is created in the State Treasury a special fund |
to be known
as the Tobacco Settlement Recovery Fund, which |
shall contain 3 accounts: (i) the General Account, (ii) the |
Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco |
Settlement Residual Account. There shall be deposited into the |
several accounts of the Tobacco Settlement Recovery Fund
and |
the Attorney General Tobacco Fund all monies paid to the State |
pursuant to (1) the Master Settlement Agreement
entered in the |
case of People of the State of Illinois v. Philip Morris, et |
al.
(Circuit Court of Cook County, No. 96-L13146) and (2) any |
settlement with or
judgment against any tobacco product |
manufacturer other than one participating
in the Master |
Settlement Agreement in satisfaction of any released claim as
|
defined in the Master Settlement Agreement, as well as any |
other monies as
provided by law. Moneys shall be deposited |
into
the Tobacco Settlement Bond Proceeds Account and the |
|
Tobacco Settlement Residual Account as provided by the terms |
of the Railsplitter Tobacco Settlement Authority Act, provided |
that an annual amount not less than $2,500,000, subject to |
appropriation, shall be deposited into the Attorney General |
Tobacco Fund for use only by the Attorney General's office. |
The scheduled $2,500,000 deposit into the Tobacco Settlement |
Residual Account for fiscal year 2011 should be transferred to |
the Attorney General Tobacco Fund in fiscal year 2012 as soon |
as this fund has been established. All other moneys available |
to be deposited into the Tobacco Settlement Recovery Fund |
shall be deposited into the General Account. An investment |
made from moneys credited to a specific account constitutes |
part of that account and such account shall be credited with |
all income from the investment of such moneys. The Treasurer
|
may invest the moneys in the several accounts of the Fund in |
the same manner, in the same types of
investments, and subject |
to the same limitations provided in the Illinois
Pension Code |
for the investment of pension funds other than those |
established
under Article 3 or 4 of the Code. Notwithstanding |
the foregoing, to the extent necessary to preserve the |
tax-exempt status of any bonds issued pursuant to the |
Railsplitter Tobacco Settlement Authority Act, the interest on |
which is intended to be excludable from the gross income of the |
owners for federal income tax purposes, moneys on deposit in |
the Tobacco Settlement Bond Proceeds Account and the Tobacco |
Settlement Residual Account may be invested in obligations the |
|
interest upon which is tax-exempt under the provisions of |
Section 103 of the Internal Revenue Code of 1986, as now or |
hereafter amended, or any successor code or provision.
|
(b) Moneys on deposit in the Tobacco Settlement Bond |
Proceeds Account and the Tobacco Settlement Residual Account |
may be expended, subject to appropriation, for the purposes |
authorized in subsection (g) of Section 3-6 of the |
Railsplitter Tobacco Settlement Authority Act. |
(b-5) Moneys on deposit in the Tobacco Settlement Recovery |
Fund may be expended, subject to appropriation, for payments |
pursuant to Section 2.13 of the Governor's Office of |
Management and Budget Act. |
(c) As soon as may be practical after June 30, 2001, upon |
notification
from and at the direction of the Governor, the |
State Comptroller shall direct
and the State Treasurer shall |
transfer the unencumbered balance in the Tobacco
Settlement |
Recovery Fund as of June 30, 2001, as determined by the |
Governor,
into the Budget Stabilization Fund. The Treasurer |
may invest the moneys in the
Budget Stabilization Fund in the |
same manner, in the same types of investments,
and subject to |
the same limitations provided in the Illinois Pension Code for
|
the investment of pension funds other than those established |
under Article 3 or
4 of the Code.
|
(d) All federal financial participation moneys received
|
pursuant to expenditures from the Fund shall be deposited into |
the General Account.
|
|
(Source: P.A. 99-78, eff. 7-20-15.)
|
(30 ILCS 105/6z-100) |
(Section scheduled to be repealed on July 1, 2023) |
Sec. 6z-100. Capital Development Board Revolving Fund; |
payments into and use. All monies received by the Capital |
Development Board for publications or copies issued by the |
Board, and all monies received for contract administration |
fees, charges, or reimbursements owing to the Board shall be |
deposited into a special fund known as the Capital Development |
Board Revolving Fund, which is hereby created in the State |
treasury. The monies in this Fund shall be used by the Capital |
Development Board, as appropriated, for expenditures for |
personal services, retirement, social security, contractual |
services, legal services, travel, commodities, printing, |
equipment, electronic data processing, or telecommunications. |
For fiscal year 2021 and thereafter, the monies in this Fund |
may also be appropriated to and used by the Executive Ethics |
Commission for oversight and administration of the Chief |
Procurement Officer appointed under paragraph (1) of |
subsection (a) of Section 10-20 of the Illinois Procurement |
Code. Unexpended moneys in the Fund shall not be transferred |
or allocated by the Comptroller or Treasurer to any other |
fund, nor shall the Governor authorize the transfer or |
allocation of those moneys to any other fund. This Section is |
repealed July 1, 2025 2023 .
|
|
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
101-645, eff. 6-26-20; 102-16, eff. 6-17-21; 102-699, eff. |
4-19-22.) |
(30 ILCS 105/6z-121) |
Sec. 6z-121. State Coronavirus Urgent Remediation |
Emergency Fund. |
(a) The State Coronavirus Urgent Remediation Emergency |
(State CURE) Fund is created as a federal trust fund within the |
State treasury. The State CURE Fund shall be held separate and |
apart from all other funds in the State treasury. The State |
CURE Fund is established: (1) to receive, directly or |
indirectly, federal funds from the Coronavirus Relief Fund in |
accordance with Section 5001 of the federal Coronavirus Aid, |
Relief, and Economic Security (CARES) Act, the Coronavirus |
State Fiscal Recovery Fund in accordance with Section 9901 of |
the American Rescue Plan Act of 2021, or from any other federal |
fund pursuant to any other provision of the American Rescue |
Plan Act of 2021 or any other federal law; and (2) to provide |
for the transfer, distribution and expenditure of such federal |
funds as permitted in the federal Coronavirus Aid, Relief, and |
Economic Security (CARES) Act, the American Rescue Plan Act of |
2021, and related federal guidance or any other federal law, |
and as authorized by this Section. |
(b) Federal funds received by the State from the |
Coronavirus Relief Fund in accordance with Section 5001 of the |
|
federal Coronavirus Aid, Relief, and Economic Security (CARES) |
Act, the Coronavirus State Fiscal Recovery Fund in accordance |
with Section 9901 of the American Rescue Plan Act of 2021, or |
any other federal funds received pursuant to the American |
Rescue Plan Act of 2021 or any other federal law, may be |
deposited, directly or indirectly, into the State CURE Fund. |
(c) Funds in the State CURE Fund may be expended, subject |
to appropriation, directly for purposes permitted under the |
federal law and related federal guidance governing the use of |
such funds, which may include without limitation purposes |
permitted in Section 5001 of the CARES Act and Sections 3201, |
3206, and 9901 of the American Rescue Plan Act of 2021 , or as |
otherwise provided by law and consistent with appropriations |
of the General Assembly . All federal funds received into the |
State CURE Fund from the Coronavirus Relief Fund, the |
Coronavirus State Fiscal Recovery Fund, or any other source |
under the American Rescue Plan Act of 2021, may be |
transferred, expended, or returned by the Illinois Emergency |
Management Agency at the direction of the Governor for the |
specific purposes permitted by the federal Coronavirus Aid, |
Relief, and Economic Security (CARES) Act, the American Rescue |
Plan Act of 2021, any related regulations or federal guidance, |
and any terms and conditions of the federal awards received by |
the State thereunder. The State Comptroller shall direct and |
the State Treasurer shall transfer, as directed by the |
Governor in writing, a portion of the federal funds received |
|
from the Coronavirus Relief Fund or from any other federal |
fund pursuant to any other provision of federal law to the |
Local Coronavirus Urgent Remediation Emergency (Local CURE) |
Fund from time to time for the provision and administration of |
grants to units of local government as permitted by the |
federal Coronavirus Aid, Relief, and Economic Security (CARES) |
Act, any related federal guidance, and any other additional |
federal law that may provide authorization. The State |
Comptroller shall direct and the State Treasurer shall |
transfer amounts, as directed by the Governor in writing, from |
the State CURE Fund to the Essential Government Services |
Support Fund to be used for the provision of government |
services as permitted under Section 602(c)(1)(C) of the Social |
Security Act as enacted by Section 9901 of the American Rescue |
Plan Act and related federal guidance. Funds in the State CURE |
Fund also may be transferred to other funds in the State |
treasury as reimbursement for expenditures made from such |
other funds if the expenditures are eligible for federal |
reimbursement under Section 5001 of the federal Coronavirus |
Aid, Relief, and Economic Security (CARES) Act, the relevant |
provisions of the American Rescue Plan Act of 2021, or any |
related federal guidance. |
(d) Once the General Assembly has enacted appropriations |
from the State CURE Fund, the expenditure of funds from the |
State CURE Fund shall be subject to appropriation by the |
General Assembly, and shall be administered by the Illinois |
|
Emergency Management Agency at the direction of the Governor. |
The Illinois Emergency Management Agency, and other agencies |
as named in appropriations, shall transfer, distribute or |
expend the funds. The State Comptroller shall direct and the |
State Treasurer shall transfer funds in the State CURE Fund to |
other funds in the State treasury as reimbursement for |
expenditures made from such other funds if the expenditures |
are eligible for federal reimbursement under Section 5001 of |
the federal Coronavirus Aid, Relief, and Economic Security |
(CARES) Act, the relevant provisions of the American Rescue |
Plan Act of 2021, or any related federal guidance, as directed |
in writing by the Governor. Additional funds that may be |
received from the federal government from legislation enacted |
in response to the impact of Coronavirus Disease 2019, |
including fiscal stabilization payments that replace revenues |
lost due to Coronavirus Disease 2019, The State Comptroller |
may direct and the State Treasurer shall transfer in the |
manner authorized or required by any related federal guidance, |
as directed in writing by the Governor. |
(e) The Illinois Emergency Management Agency, in |
coordination with the Governor's Office of Management and |
Budget, shall identify amounts derived from the State's |
Coronavirus Relief Fund allocation and transferred from the |
State CURE Fund as directed by the Governor under this Section |
that remain unobligated and unexpended for the period that |
ended on December 31, 2021. The Agency shall certify to the |
|
State Comptroller and the State Treasurer the amounts |
identified as unobligated and unexpended. The State |
Comptroller shall direct and the State Treasurer shall |
transfer the unobligated and unexpended funds identified by |
the Agency and held in other funds of the State Treasury under |
this Section to the State CURE Fund. Unexpended funds in the |
State CURE Fund shall be paid back to the federal government at |
the direction of the Governor.
|
(f) In addition to any other transfers that may be |
provided for by law, at the direction of the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the sum of $24,523,000 from the State CURE Fund to the |
Chicago Travel Industry Promotion Fund. |
(g) In addition to any other transfers that may be |
provided for by law, at the direction of the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the sum of $30,000,000 from the State CURE Fund to the |
Metropolitan Pier and Exposition Authority Incentive Fund. |
(h) In addition to any other transfers that may be |
provided for by law, at the direction of the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the sum of $45,180,000 from the State CURE Fund to the |
Local Tourism Fund. |
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
102-699, eff. 4-19-22.)
|
|
(30 ILCS 105/6z-126)
|
Sec. 6z-126. Law Enforcement Training Fund. The Law |
Enforcement Training Fund is hereby created as a special fund |
in the State treasury. Moneys in the Fund shall consist of: (i) |
90% of the revenue from increasing the insurance producer |
license fees, as provided under subsection (a-5) of Section |
500-135 of the Illinois Insurance Code; and (ii) 90% of the |
moneys collected from auto insurance policy fees under Section |
8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft |
Prevention and Insurance Verification Act. This Fund shall be |
used by the Illinois Law Enforcement Training Standards Board |
for the following purposes: (i) to fund law enforcement |
certification compliance ; (ii) for and the development and |
provision of basic courses by Board-approved academics, and |
in-service courses by approved academies ; and (iii) for the |
ordinary and contingent expenses of the Illinois Law |
Enforcement Training Standards Board .
|
(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23; |
102-1071, eff. 6-10-22; revised 12-13-22.) |
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
Sec. 8.3. Money in the Road Fund shall, if and when the |
State of
Illinois incurs any bonded indebtedness for the |
construction of
permanent highways, be set aside and used for |
the purpose of paying and
discharging annually the principal |
and interest on that bonded
indebtedness then due and payable, |
|
and for no other purpose. The
surplus, if any, in the Road Fund |
after the payment of principal and
interest on that bonded |
indebtedness then annually due shall be used as
follows: |
first -- to pay the cost of administration of Chapters |
2 through 10 of
the Illinois Vehicle Code, except the cost |
of administration of Articles I and
II of Chapter 3 of that |
Code, and to pay the costs of the Executive Ethics |
Commission for oversight and administration of the Chief |
Procurement Officer appointed under paragraph (2) of |
subsection (a) of Section 10-20 of the Illinois |
Procurement Code for transportation; and |
secondly -- for expenses of the Department of |
Transportation for
construction, reconstruction, |
improvement, repair, maintenance,
operation, and |
administration of highways in accordance with the
|
provisions of laws relating thereto, or for any purpose |
related or
incident to and connected therewith, including |
the separation of grades
of those highways with railroads |
and with highways and including the
payment of awards made |
by the Illinois Workers' Compensation Commission under the |
terms of
the Workers' Compensation Act or Workers' |
Occupational Diseases Act for
injury or death of an |
employee of the Division of Highways in the
Department of |
Transportation; or for the acquisition of land and the
|
erection of buildings for highway purposes, including the |
acquisition of
highway right-of-way or for investigations |
|
to determine the reasonably
anticipated future highway |
needs; or for making of surveys, plans,
specifications and |
estimates for and in the construction and maintenance
of |
flight strips and of highways necessary to provide access |
to military
and naval reservations, to defense industries |
and defense-industry
sites, and to the sources of raw |
materials and for replacing existing
highways and highway |
connections shut off from general public use at
military |
and naval reservations and defense-industry sites, or for |
the
purchase of right-of-way, except that the State shall |
be reimbursed in
full for any expense incurred in building |
the flight strips; or for the
operating and maintaining of |
highway garages; or for patrolling and
policing the public |
highways and conserving the peace; or for the operating |
expenses of the Department relating to the administration |
of public transportation programs; or, during fiscal year |
2022, for the purposes of a grant not to exceed $8,394,800 |
to the Regional Transportation Authority on behalf of PACE |
for the purpose of ADA/Para-transit expenses; or, during |
fiscal year 2023, for the purposes of a grant not to exceed |
$8,394,800 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses; or, during fiscal year 2024, for the purposes of |
a grant not to exceed $9,108,400 to the Regional |
Transportation Authority on behalf of PACE for the purpose |
of ADA/Para-transit expenses; or for any of
those purposes |
|
or any other purpose that may be provided by law. |
Appropriations for any of those purposes are payable from |
the Road
Fund. Appropriations may also be made from the Road |
Fund for the
administrative expenses of any State agency that |
are related to motor
vehicles or arise from the use of motor |
vehicles. |
Beginning with fiscal year 1980 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Department of Public Health; |
2. Department of Transportation, only with respect to |
subsidies for
one-half fare Student Transportation and |
Reduced Fare for Elderly, except fiscal year 2022 when no |
more than $17,570,000 may be expended and except fiscal |
year 2023 when no more than $17,570,000 may be expended |
and except fiscal year 2024 when no more than $19,063,500 |
may be expended ; |
3. Department of Central Management
Services, except |
for expenditures
incurred for group insurance premiums of |
appropriate personnel; |
4. Judicial Systems and Agencies. |
Beginning with fiscal year 1981 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
|
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Illinois State Police, except for expenditures with
|
respect to the Division of Patrol Operations and Division |
of Criminal Investigation; |
2. Department of Transportation, only with respect to |
Intercity Rail
Subsidies, except fiscal year 2022 when no |
more than $50,000,000 may be expended and except fiscal |
year 2023 when no more than $55,000,000 may be expended |
and except fiscal year 2024 when no more than $60,000,000 |
may be expended , and Rail Freight Services. |
Beginning with fiscal year 1982 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: Department
of Central |
Management Services, except for awards made by
the Illinois |
Workers' Compensation Commission under the terms of the |
Workers' Compensation Act
or Workers' Occupational Diseases |
Act for injury or death of an employee of
the Division of |
Highways in the Department of Transportation. |
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
|
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Illinois State Police, except not more than 40% of |
the
funds appropriated for the Division of Patrol |
Operations and Division of Criminal Investigation; |
2. State Officers. |
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to any Department or agency |
of State government
for administration, grants, or operations |
except as provided hereafter;
but this limitation is not a |
restriction upon appropriating for those
purposes any Road |
Fund monies that are eligible for federal
reimbursement. It |
shall not be lawful to circumvent the above
appropriation |
limitations by governmental reorganization or other
methods. |
Appropriations shall be made from the Road Fund only in
|
accordance with the provisions of this Section. |
Money in the Road Fund shall, if and when the State of |
Illinois
incurs any bonded indebtedness for the construction |
of permanent
highways, be set aside and used for the purpose of |
paying and
discharging during each fiscal year the principal |
and interest on that
bonded indebtedness as it becomes due and |
payable as provided in the
Transportation Bond Act, and for no |
other
purpose. The surplus, if any, in the Road Fund after the |
payment of
principal and interest on that bonded indebtedness |
|
then annually due
shall be used as follows: |
first -- to pay the cost of administration of Chapters |
2 through 10
of the Illinois Vehicle Code; and |
secondly -- no Road Fund monies derived from fees, |
excises, or
license taxes relating to registration, |
operation and use of vehicles on
public highways or to |
fuels used for the propulsion of those vehicles,
shall be |
appropriated or expended other than for costs of |
administering
the laws imposing those fees, excises, and |
license taxes, statutory
refunds and adjustments allowed |
thereunder, administrative costs of the
Department of |
Transportation, including, but not limited to, the |
operating expenses of the Department relating to the |
administration of public transportation programs, payment |
of debts and liabilities incurred
in construction and |
reconstruction of public highways and bridges,
acquisition |
of rights-of-way for and the cost of construction,
|
reconstruction, maintenance, repair, and operation of |
public highways and
bridges under the direction and |
supervision of the State, political
subdivision, or |
municipality collecting those monies, or during fiscal |
year 2022 for the purposes of a grant not to exceed |
$8,394,800 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses, or during fiscal year 2023 for the purposes of a |
grant not to exceed $8,394,800 to the Regional |
|
Transportation Authority on behalf of PACE for the purpose |
of ADA/Para-transit expenses, or during fiscal year 2024 |
for the purposes of a grant not to exceed $9,108,400 to the |
Regional Transportation Authority on behalf of PACE for |
the purpose of ADA/Para-transit expenses, and the costs |
for
patrolling and policing the public highways (by the |
State, political
subdivision, or municipality collecting |
that money) for enforcement of
traffic laws. The |
separation of grades of such highways with railroads
and |
costs associated with protection of at-grade highway and |
railroad
crossing shall also be permissible. |
Appropriations for any of such purposes are payable from |
the Road
Fund or the Grade Crossing Protection Fund as |
provided in Section 8 of
the Motor Fuel Tax Law. |
Except as provided in this paragraph, beginning with |
fiscal year 1991 and
thereafter, no Road Fund monies
shall be |
appropriated to the Illinois State Police for the purposes of
|
this Section in excess of its total fiscal year 1990 Road Fund
|
appropriations for those purposes unless otherwise provided in |
Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, |
2006, and 2007 only, no Road Fund monies shall
be appropriated |
to the
Department of State Police for the purposes of this |
Section in excess of
$97,310,000.
For fiscal year 2008 only, |
no Road
Fund monies shall be appropriated to the Department of |
State Police for the purposes of
this Section in excess of |
$106,100,000. For fiscal year 2009 only, no Road Fund monies |
|
shall be appropriated to the Department of State Police for |
the purposes of this Section in excess of $114,700,000. |
Beginning in fiscal year 2010, no road fund moneys shall be |
appropriated to the Illinois State Police. It shall not be |
lawful to circumvent this limitation on
appropriations by |
governmental reorganization or other methods unless
otherwise |
provided in Section 5g of this Act. |
In fiscal year 1994, no Road Fund monies shall be |
appropriated
to the
Secretary of State for the purposes of |
this Section in excess of the total
fiscal year 1991 Road Fund |
appropriations to the Secretary of State for
those purposes, |
plus $9,800,000. It
shall not be
lawful to circumvent
this |
limitation on appropriations by governmental reorganization or |
other
method. |
Beginning with fiscal year 1995 and thereafter, no Road |
Fund
monies
shall be appropriated to the Secretary of State |
for the purposes of this
Section in excess of the total fiscal |
year 1994 Road Fund
appropriations to
the Secretary of State |
for those purposes. It shall not be lawful to
circumvent this |
limitation on appropriations by governmental reorganization
or |
other methods. |
Beginning with fiscal year 2000, total Road Fund |
appropriations to the
Secretary of State for the purposes of |
this Section shall not exceed the
amounts specified for the |
following fiscal years: |
|
Fiscal Year 2000 | $80,500,000; | |
|
|
Fiscal Year 2001 | $80,500,000; | |
Fiscal Year 2002 | $80,500,000; | |
Fiscal Year 2003 | $130,500,000; | |
Fiscal Year 2004 | $130,500,000; | |
Fiscal Year 2005 | $130,500,000;
| |
Fiscal Year 2006
| $130,500,000;
| |
Fiscal Year 2007
| $130,500,000;
| |
Fiscal Year 2008 | $130,500,000; | |
Fiscal Year 2009 | $130,500,000. |
|
For fiscal year 2010, no road fund moneys shall be |
appropriated to the Secretary of State. |
Beginning in fiscal year 2011, moneys in the Road Fund |
shall be appropriated to the Secretary of State for the |
exclusive purpose of paying refunds due to overpayment of fees |
related to Chapter 3 of the Illinois Vehicle Code unless |
otherwise provided for by law. |
It shall not be lawful to circumvent this limitation on |
appropriations by
governmental reorganization or other |
methods. |
No new program may be initiated in fiscal year 1991 and
|
thereafter that is not consistent with the limitations imposed |
by this
Section for fiscal year 1984 and thereafter, insofar |
as appropriation of
Road Fund monies is concerned. |
Nothing in this Section prohibits transfers from the Road |
Fund to the
State Construction Account Fund under Section 5e |
of this Act; nor to the
General Revenue Fund, as authorized by |
|
Public Act 93-25. |
The additional amounts authorized for expenditure in this |
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
shall be repaid to the Road Fund
from the General Revenue Fund |
in the next succeeding fiscal year that the
General Revenue |
Fund has a positive budgetary balance, as determined by
|
generally accepted accounting principles applicable to |
government. |
The additional amounts authorized for expenditure by the |
Secretary of State
and
the Department of State Police in this |
Section by Public Act 94-91 shall be repaid to the Road Fund |
from the General Revenue Fund in the
next
succeeding fiscal |
year that the General Revenue Fund has a positive budgetary
|
balance,
as determined by generally accepted accounting |
principles applicable to
government. |
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. |
4-19-22; 102-813, eff. 5-13-22.)
|
(30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
|
Sec. 8.12. State Pensions Fund.
|
(a) The moneys in the State Pensions Fund shall be used |
exclusively
for the administration of the Revised Uniform |
Unclaimed Property Act and
for the expenses incurred by the |
Auditor General for administering the provisions of Section |
2-8.1 of the Illinois State Auditing Act and for operational |
|
expenses of the Office of the State Treasurer and for the |
funding of the unfunded liabilities of the designated |
retirement systems. For the purposes of this Section, |
"operational expenses of the Office of the State Treasurer" |
includes the acquisition of land and buildings in State fiscal |
years 2019 and 2020 for use by the Office of the State |
Treasurer, as well as construction, reconstruction, |
improvement, repair, and maintenance, in accordance with the |
provisions of laws relating thereto, of such lands and |
buildings beginning in State fiscal year 2019 and thereafter. |
Beginning in State fiscal year 2025 2024 , payments to the |
designated retirement systems under this Section shall be in |
addition to, and not in lieu of, any State contributions |
required under the Illinois Pension Code.
|
"Designated retirement systems" means:
|
(1) the State Employees' Retirement System of |
Illinois;
|
(2) the Teachers' Retirement System of the State of |
Illinois;
|
(3) the State Universities Retirement System;
|
(4) the Judges Retirement System of Illinois; and
|
(5) the General Assembly Retirement System.
|
(b) Each year the General Assembly may make appropriations |
from
the State Pensions Fund for the administration of the |
Revised Uniform
Unclaimed Property Act.
|
(c) (Blank). As soon as possible after July 30, 2004 (the |
|
effective date of Public Act 93-839), the General Assembly |
shall appropriate from the State Pensions Fund (1) to the |
State Universities Retirement System the amount certified |
under Section 15-165 during the prior year, (2) to the Judges |
Retirement System of Illinois the amount certified under |
Section 18-140 during the prior year, and (3) to the General |
Assembly Retirement System the amount certified under Section |
2-134 during the prior year as part of the required
State |
contributions to each of those designated retirement systems. |
If the amount in the State Pensions Fund does not exceed the |
sum of the amounts certified in Sections 15-165, 18-140, and |
2-134 by at least $5,000,000, the amount paid to each |
designated retirement system under this subsection shall be |
reduced in proportion to the amount certified by each of those |
designated retirement systems.
|
(c-5) For fiscal years 2006 through 2024 2023 , the General |
Assembly shall appropriate from the State Pensions Fund to the |
State Universities Retirement System the amount estimated to |
be available during the fiscal year in the State Pensions |
Fund; provided, however, that the amounts appropriated under |
this subsection (c-5) shall not reduce the amount in the State |
Pensions Fund below $5,000,000.
|
(c-6) For fiscal year 2025 2024 and each fiscal year |
thereafter, as soon as may be practical after any money is |
deposited into the State Pensions Fund from the Unclaimed |
Property Trust Fund, the State Treasurer shall apportion the |
|
deposited amount among the designated retirement systems as |
defined in subsection (a) to reduce their actuarial reserve |
deficiencies. The State Comptroller and State Treasurer shall |
pay the apportioned amounts to the designated retirement |
systems to fund the unfunded liabilities of the designated |
retirement systems. The amount apportioned to each designated |
retirement system shall constitute a portion of the amount |
estimated to be available for appropriation from the State |
Pensions Fund that is the same as that retirement system's |
portion of the total actual reserve deficiency of the systems, |
as determined annually by the Governor's Office of Management |
and Budget at the request of the State Treasurer. The amounts |
apportioned under this subsection shall not reduce the amount |
in the State Pensions Fund below $5,000,000. |
(d) The
Governor's Office of Management and Budget shall |
determine the individual and total
reserve deficiencies of the |
designated retirement systems. For this purpose,
the
|
Governor's Office of Management and Budget shall utilize the |
latest available audit and actuarial
reports of each of the |
retirement systems and the relevant reports and
statistics of |
the Public Employee Pension Fund Division of the Department of
|
Insurance.
|
(d-1) (Blank).
|
(e) The changes to this Section made by Public Act 88-593 |
shall
first apply to distributions from the Fund for State |
fiscal year 1996.
|
|
(u) In addition to any other transfers that may be |
provided for by law, on July 1, 2021, or as soon thereafter as |
practical, only as directed by the Director of the Governor's |
Office of Management and Budget, the State Comptroller shall |
direct and the State Treasurer shall transfer the sum of |
$5,000,000 from the General Revenue Fund to the DoIT Special |
Projects Fund, and on June 1, 2022, or as soon thereafter as |
practical, but no later than June 30, 2022, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the sum so transferred from the DoIT Special Projects |
Fund to the General Revenue Fund. |
(v) In addition to any other transfers that may be |
provided for by law, on July 1, 2021, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Governor's Administrative Fund. |
(w) In addition to any other transfers that may be |
provided for by law, on July 1, 2021, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Grant Accountability and Transparency |
Fund. |
(x) In addition to any other transfers that may be |
provided for by law, at a time or times during Fiscal Year 2022 |
as directed by the Governor, the State Comptroller shall |
direct and the State Treasurer shall transfer up to a total of |
|
$20,000,000 from the General Revenue Fund to the Illinois |
Sports Facilities Fund to be credited to the Advance Account |
within the Fund. |
(y) In addition to any other transfers that may be |
provided for by law, on June 15, 2021, or as soon thereafter as |
practical, but no later than June 30, 2021, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the sum of $100,000,000 from the General Revenue Fund |
to the Technology Management Revolving Fund. |
(z) In addition to any other transfers that may be |
provided for by law, on April 19, 2022 (the effective date of |
Public Act 102-699), or as soon thereafter as practical, but |
no later than June 30, 2022, the State Comptroller shall |
direct and the State Treasurer shall transfer the sum of |
$148,000,000 from the General Revenue Fund to the Build |
Illinois Bond Fund. |
(aa) In addition to any other transfers that may be |
provided for by law, on April 19, 2022 (the effective date of |
Public Act 102-699), or as soon thereafter as practical, but |
no later than June 30, 2022, the State Comptroller shall |
direct and the State Treasurer shall transfer the sum of |
$180,000,000 from the General Revenue Fund to the Rebuild |
Illinois Projects Fund. |
(bb) In addition to any other transfers that may be |
provided for by law, on July 1, 2022, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
|
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Governor's Administrative Fund. |
(cc) In addition to any other transfers that may be |
provided for by law, on July 1, 2022, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Grant Accountability and Transparency |
Fund. |
(dd) In addition to any other transfers that may be |
provided by law, on April 19, 2022 (the effective date of |
Public Act 102-700), or as soon thereafter as practical, but |
no later than June 30, 2022, the State Comptroller shall |
direct and the State Treasurer shall transfer the sum of |
$685,000,000 from the General Revenue Fund to the Income Tax |
Refund Fund. Moneys from this transfer shall be used for the |
purpose of making the one-time rebate payments provided under |
Section 212.1 of the Illinois Income Tax Act. |
(ee) In addition to any other transfers that may be |
provided by law, beginning on April 19, 2022 (the effective |
date of Public Act 102-700) and until December 31, 2023, at the |
direction of the Department of Revenue, the State Comptroller |
shall direct and the State Treasurer shall transfer from the |
General Revenue Fund to the Income Tax Refund Fund any amounts |
needed beyond the amounts transferred in subsection (dd) to |
make payments of the one-time rebate payments provided under |
Section 212.1 of the Illinois Income Tax Act. |
|
(ff) In addition to any other transfers that may be |
provided for by law, on April 19, 2022 (the effective date of |
Public Act 102-700), or as soon thereafter as practical, but |
no later than June 30, 2022, the State Comptroller shall |
direct and the State Treasurer shall transfer the sum of |
$720,000,000 from the General Revenue Fund to the Budget |
Stabilization Fund. |
(gg) In addition to any other transfers that may be |
provided for by law, on July 1, 2022, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $280,000,000 from the |
General Revenue Fund to the Budget Stabilization Fund. |
(hh) In addition to any other transfers that may be |
provided for by law, on July 1, 2022, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $200,000,000 from the |
General Revenue Fund to the Pension Stabilization Fund. |
(ii) In addition to any other transfers that may be |
provided for by law, on January 1, 2023, or as soon thereafter |
as practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $850,000,000 from the |
General Revenue Fund to the Budget Stabilization Fund. |
(jj) In addition to any other transfers that may be |
provided for by law, at a time or times during Fiscal Year 2023 |
as directed by the Governor, the State Comptroller shall |
direct and the State Treasurer shall transfer up to a total of |
|
$400,000,000 from the General Revenue Fund to the Large |
Business Attraction Fund. |
(kk) In addition to any other transfers that may be |
provided for by law, on January 1, 2023, or as soon thereafter |
as practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $72,000,000 from the |
General Revenue Fund to the Disaster Response and Recovery |
Fund. |
(ll) In addition to any other transfers that may be |
provided for by law, on the effective date of the changes made |
to this Section by this amendatory Act of the 103rd General |
Assembly, or as soon thereafter as practical, but no later |
than June 30, 2023, the State Comptroller shall direct and the |
State Treasurer shall transfer the sum of $200,000,000 from |
the General Revenue Fund to the Pension Stabilization Fund. |
(mm) In addition to any other transfers that may be |
provided for by law, beginning on the effective date of the |
changes made to this Section by this amendatory Act of the |
103rd General Assembly and until June 30, 2024, as directed by |
the Governor, the State Comptroller shall direct and the State |
Treasurer shall transfer up to a total of $1,500,000,000 from |
the General Revenue Fund to the State Coronavirus Urgent |
Remediation Emergency Fund. |
(nn) In addition to any other transfers that may be |
provided for by law, beginning on the effective date of the |
changes made to this Section by this amendatory Act of the |
|
103rd General Assembly and until June 30, 2024, as directed by |
the Governor, the State Comptroller shall direct and the State |
Treasurer shall transfer up to a total of $424,000,000 from |
the General Revenue Fund to the Build Illinois Bond Fund. |
(oo) In addition to any other transfers that may be |
provided for by law, on July 1, 2023, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Governor's Administrative Fund. |
(pp) In addition to any other transfers that may be |
provided for by law, on July 1, 2023, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Grant Accountability and Transparency |
Fund. |
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article |
40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section |
80-5, eff. 4-19-22; 102-1115, eff. 1-9-23.)
|
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
|
Sec. 13.2. Transfers among line item appropriations. |
(a) Transfers among line item appropriations from the same
|
treasury fund for the objects specified in this Section may be |
made in
the manner provided in this Section when the balance |
remaining in one or
more such line item appropriations is |
|
insufficient for the purpose for
which the appropriation was |
made. |
(a-1) No transfers may be made from one
agency to another |
agency, nor may transfers be made from one institution
of |
higher education to another institution of higher education |
except as provided by subsection (a-4).
|
(a-2) Except as otherwise provided in this Section, |
transfers may be made only among the objects of expenditure |
enumerated
in this Section, except that no funds may be |
transferred from any
appropriation for personal services, from |
any appropriation for State
contributions to the State |
Employees' Retirement System, from any
separate appropriation |
for employee retirement contributions paid by the
employer, |
nor from any appropriation for State contribution for
employee |
group insurance.
|
(a-2.5) (Blank). |
(a-3) Further, if an agency receives a separate
|
appropriation for employee retirement contributions paid by |
the employer,
any transfer by that agency into an |
appropriation for personal services
must be accompanied by a |
corresponding transfer into the appropriation for
employee |
retirement contributions paid by the employer, in an amount
|
sufficient to meet the employer share of the employee |
contributions
required to be remitted to the retirement |
system. |
(a-4) Long-Term Care Rebalancing. The Governor may |
|
designate amounts set aside for institutional services |
appropriated from the General Revenue Fund or any other State |
fund that receives monies for long-term care services to be |
transferred to all State agencies responsible for the |
administration of community-based long-term care programs, |
including, but not limited to, community-based long-term care |
programs administered by the Department of Healthcare and |
Family Services, the Department of Human Services, and the |
Department on Aging, provided that the Director of Healthcare |
and Family Services first certifies that the amounts being |
transferred are necessary for the purpose of assisting persons |
in or at risk of being in institutional care to transition to |
community-based settings, including the financial data needed |
to prove the need for the transfer of funds. The total amounts |
transferred shall not exceed 4% in total of the amounts |
appropriated from the General Revenue Fund or any other State |
fund that receives monies for long-term care services for each |
fiscal year. A notice of the fund transfer must be made to the |
General Assembly and posted at a minimum on the Department of |
Healthcare and Family Services website, the Governor's Office |
of Management and Budget website, and any other website the |
Governor sees fit. These postings shall serve as notice to the |
General Assembly of the amounts to be transferred. Notice |
shall be given at least 30 days prior to transfer. |
(b) In addition to the general transfer authority provided |
under
subsection (c), the following agencies have the specific |
|
transfer authority
granted in this subsection: |
The Department of Healthcare and Family Services is |
authorized to make transfers
representing savings attributable |
to not increasing grants due to the
births of additional |
children from line items for payments of cash grants to
line |
items for payments for employment and social services for the |
purposes
outlined in subsection (f) of Section 4-2 of the |
Illinois Public Aid Code. |
The Department of Children and Family Services is |
authorized to make
transfers not exceeding 2% of the aggregate |
amount appropriated to it within
the same treasury fund for |
the following line items among these same line
items: Foster |
Home and Specialized Foster Care and Prevention, Institutions
|
and Group Homes and Prevention, and Purchase of Adoption and |
Guardianship
Services. |
The Department on Aging is authorized to make transfers |
not
exceeding 10% of the aggregate amount appropriated to it |
within the same
treasury fund for the following Community Care |
Program line items among these
same line items: purchase of |
services covered by the Community Care Program and |
Comprehensive Case Coordination. |
The State Board of Education is authorized to make |
transfers from line item appropriations within the same |
treasury fund for General State Aid, General State Aid - Hold |
Harmless, and Evidence-Based Funding, provided that no such |
transfer may be made unless the amount transferred is no |
|
longer required for the purpose for which that appropriation |
was made, to the line item appropriation for Transitional |
Assistance when the balance remaining in such line item |
appropriation is insufficient for the purpose for which the |
appropriation was made. |
The State Board of Education is authorized to make |
transfers between the following line item appropriations |
within the same treasury fund: Disabled Student |
Services/Materials (Section 14-13.01 of the School Code), |
Disabled Student Transportation Reimbursement (Section |
14-13.01 of the School Code), Disabled Student Tuition - |
Private Tuition (Section 14-7.02 of the School Code), |
Extraordinary Special Education (Section 14-7.02b of the |
School Code), Reimbursement for Free Lunch/Breakfast Program, |
Summer School Payments (Section 18-4.3 of the School Code), |
and Transportation - Regular/Vocational Reimbursement (Section |
29-5 of the School Code). Such transfers shall be made only |
when the balance remaining in one or more such line item |
appropriations is insufficient for the purpose for which the |
appropriation was made and provided that no such transfer may |
be made unless the amount transferred is no longer required |
for the purpose for which that appropriation was made. |
The Department of Healthcare and Family Services is |
authorized to make transfers not exceeding 4% of the aggregate |
amount appropriated to it, within the same treasury fund, |
among the various line items appropriated for Medical |
|
Assistance. |
The Department of Central Management Services is |
authorized to make transfers not exceeding 2% of the aggregate |
amount appropriated to it, within the same treasury fund, from |
the various line items appropriated to the Department, into |
the following line item appropriations: auto liability claims |
and related expenses and payment of claims under the State |
Employee Indemnification Act. |
(c) The sum of such transfers for an agency in a fiscal |
year shall not
exceed 2% of the aggregate amount appropriated |
to it within the same treasury
fund for the following objects: |
Personal Services; Extra Help; Student and
Inmate |
Compensation; State Contributions to Retirement Systems; State
|
Contributions to Social Security; State Contribution for |
Employee Group
Insurance; Contractual Services; Travel; |
Commodities; Printing; Equipment;
Electronic Data Processing; |
Operation of Automotive Equipment;
Telecommunications |
Services; Travel and Allowance for Committed, Paroled
and |
Discharged Prisoners; Library Books; Federal Matching Grants |
for
Student Loans; Refunds; Workers' Compensation, |
Occupational Disease, and
Tort Claims; Late Interest Penalties |
under the State Prompt Payment Act and Sections 368a and 370a |
of the Illinois Insurance Code; and, in appropriations to |
institutions of higher education,
Awards and Grants. |
Notwithstanding the above, any amounts appropriated for
|
payment of workers' compensation claims to an agency to which |
|
the authority
to evaluate, administer and pay such claims has |
been delegated by the
Department of Central Management |
Services may be transferred to any other
expenditure object |
where such amounts exceed the amount necessary for the
payment |
of such claims. |
(c-1) (Blank). |
(c-2) (Blank).
|
(c-3) (Blank). |
(c-4) (Blank). |
(c-5) (Blank). |
(c-6) (Blank). |
(c-7) (Blank). |
(c-8) (Blank). Special provisions for State fiscal year |
2022. Notwithstanding any other provision of this Section, for |
State fiscal year 2022, transfers among line item |
appropriations to a State agency from the same State treasury |
fund may be made for operational or lump sum expenses only, |
provided that the sum of such transfers for a State agency in |
State fiscal year 2022 shall not exceed 4% of the aggregate |
amount appropriated to that State agency for operational or |
lump sum expenses for State fiscal year 2022. For the purpose |
of this subsection, "operational or lump sum expenses" |
includes the following objects: personal services; extra help; |
student and inmate compensation; State contributions to |
retirement systems; State contributions to social security; |
State contributions for employee group insurance; contractual |
|
services; travel; commodities; printing; equipment; electronic |
data processing; operation of automotive equipment; |
telecommunications services; travel and allowance for |
committed, paroled, and discharged prisoners; library books; |
federal matching grants for student loans; refunds; workers' |
compensation, occupational disease, and tort claims; Late |
Interest Penalties under the State Prompt Payment Act and |
Sections 368a and 370a of the Illinois Insurance Code; lump |
sum and other purposes; and lump sum operations. For the |
purpose of this subsection, "State agency" does not include |
the Attorney General, the Secretary of State, the Comptroller, |
the Treasurer, or the judicial or legislative branches. |
(c-9) Special provisions for State fiscal year 2023. |
Notwithstanding any other provision of this Section, for State |
fiscal year 2023, transfers among line item appropriations to |
a State agency from the same State treasury fund may be made |
for operational or lump sum expenses only, provided that the |
sum of such transfers for a State agency in State fiscal year |
2023 shall not exceed 4% of the aggregate amount appropriated |
to that State agency for operational or lump sum expenses for |
State fiscal year 2023. For the purpose of this subsection, |
"operational or lump sum expenses" includes the following |
objects: personal services; extra help; student and inmate |
compensation; State contributions to retirement systems; State |
contributions to social security; State contributions for |
employee group insurance; contractual services; travel; |
|
commodities; printing; equipment; electronic data processing; |
operation of automotive equipment; telecommunications |
services; travel and allowance for committed, paroled, and |
discharged prisoners; library books; federal matching grants |
for student loans; refunds; workers' compensation, |
occupational disease, and tort claims; late interest penalties |
under the State Prompt Payment Act and Sections 368a and 370a |
of the Illinois Insurance Code; lump sum and other purposes; |
and lump sum operations. For the purpose of this subsection, |
"State agency" does not include the Attorney General, the |
Secretary of State, the Comptroller, the Treasurer, or the |
judicial or legislative branches. |
(c-10) Special provisions for State fiscal year 2024. |
Notwithstanding any other provision of this Section, for State |
fiscal year 2024, transfers among line item appropriations to |
a State agency from the same State treasury fund may be made |
for operational or lump sum expenses only, provided that the |
sum of such transfers for a State agency in State fiscal year |
2024 shall not exceed 8% of the aggregate amount appropriated |
to that State agency for operational or lump sum expenses for |
State fiscal year 2024. For the purpose of this subsection, |
"operational or lump sum expenses" includes the following |
objects: personal services; extra help; student and inmate |
compensation; State contributions to retirement systems; State |
contributions to social security; State contributions for |
employee group insurance; contractual services; travel; |
|
commodities; printing; equipment; electronic data processing; |
operation of automotive equipment; telecommunications |
services; travel and allowance for committed, paroled, and |
discharged prisoners; library books; federal matching grants |
for student loans; refunds; workers' compensation, |
occupational disease, and tort claims; late interest penalties |
under the State Prompt Payment Act and Sections 368a and 370a |
of the Illinois Insurance Code; lump sum and other purposes; |
and lump sum operations. For the purpose of this subsection, |
"State agency" does not include the Attorney General, the |
Secretary of State, the Comptroller, the Treasurer, or the |
judicial or legislative branches. |
(d) Transfers among appropriations made to agencies of the |
Legislative
and Judicial departments and to the |
constitutionally elected officers in the
Executive branch |
require the approval of the officer authorized in Section 10
|
of this Act to approve and certify vouchers. Transfers among |
appropriations
made to the University of Illinois, Southern |
Illinois University, Chicago State
University, Eastern |
Illinois University, Governors State University, Illinois
|
State University, Northeastern Illinois University, Northern |
Illinois
University, Western Illinois University, the Illinois |
Mathematics and Science
Academy and the Board of Higher |
Education require the approval of the Board of
Higher |
Education and the Governor. Transfers among appropriations to |
all other
agencies require the approval of the Governor. |
|
The officer responsible for approval shall certify that |
the
transfer is necessary to carry out the programs and |
purposes for which
the appropriations were made by the General |
Assembly and shall transmit
to the State Comptroller a |
certified copy of the approval which shall
set forth the |
specific amounts transferred so that the Comptroller may
|
change his records accordingly. The Comptroller shall furnish |
the
Governor with information copies of all transfers approved |
for agencies
of the Legislative and Judicial departments and |
transfers approved by
the constitutionally elected officials |
of the Executive branch other
than the Governor, showing the |
amounts transferred and indicating the
dates such changes were |
entered on the Comptroller's records. |
(e) The State Board of Education, in consultation with the |
State Comptroller, may transfer line item appropriations for |
General State Aid or Evidence-Based Funding among the Common |
School Fund and the Education Assistance Fund, and, for State |
fiscal year 2020 and each fiscal year thereafter, the Fund for |
the Advancement of Education. With the advice and consent of |
the Governor's Office of Management and Budget, the State |
Board of Education, in consultation with the State |
Comptroller, may transfer line item appropriations between the |
General Revenue Fund and the Education Assistance Fund for the |
following programs: |
(1) Disabled Student Personnel Reimbursement (Section |
14-13.01 of the School Code); |
|
(2) Disabled Student Transportation Reimbursement |
(subsection (b) of Section 14-13.01 of the School Code); |
(3) Disabled Student Tuition - Private Tuition |
(Section 14-7.02 of the School Code); |
(4) Extraordinary Special Education (Section 14-7.02b |
of the School Code); |
(5) Reimbursement for Free Lunch/Breakfast Programs; |
(6) Summer School Payments (Section 18-4.3 of the |
School Code); |
(7) Transportation - Regular/Vocational Reimbursement |
(Section 29-5 of the School Code); |
(8) Regular Education Reimbursement (Section 18-3 of |
the School Code); and |
(9) Special Education Reimbursement (Section 14-7.03 |
of the School Code). |
(f) For State fiscal year 2020 and each fiscal year |
thereafter, the Department on Aging, in consultation with the |
State Comptroller, with the advice and consent of the |
Governor's Office of Management and Budget, may transfer line |
item appropriations for purchase of services covered by the |
Community Care Program between the General Revenue Fund and |
the Commitment to Human Services Fund. |
(g) For State fiscal year 2024 and each fiscal year |
thereafter, if requested by an agency chief executive officer |
and authorized and approved by the Comptroller, the |
Comptroller may direct and the Treasurer shall transfer funds |
|
from the General Revenue Fund to fund payroll expenses that |
meet the payroll transaction exception criteria as defined by |
the Comptroller in the Statewide Accounting Management System |
(SAMS) Manual. The agency shall then transfer these funds back |
to the General Revenue Fund within 7 days. |
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; |
101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff. |
6-17-21; 102-699, eff. 4-19-22.)
|
(30 ILCS 105/25) (from Ch. 127, par. 161)
|
Sec. 25. Fiscal year limitations.
|
(a) All appropriations shall be
available for expenditure |
for the fiscal year or for a lesser period if the
Act making |
that appropriation so specifies. A deficiency or emergency
|
appropriation shall be available for expenditure only through |
June 30 of
the year when the Act making that appropriation is |
enacted unless that Act
otherwise provides.
|
(b) Outstanding liabilities as of June 30, payable from |
appropriations
which have otherwise expired, may be paid out |
of the expiring
appropriations during the 2-month period |
ending at the
close of business on August 31. Any service |
involving
professional or artistic skills or any personal |
services by an employee whose
compensation is subject to |
income tax withholding must be performed as of June
30 of the |
fiscal year in order to be considered an "outstanding |
liability as of
June 30" that is thereby eligible for payment |
|
out of the expiring
appropriation.
|
(b-1) However, payment of tuition reimbursement claims |
under Section 14-7.03 or
18-3 of the School Code may be made by |
the State Board of Education from its
appropriations for those |
respective purposes for any fiscal year, even though
the |
claims reimbursed by the payment may be claims attributable to |
a prior
fiscal year, and payments may be made at the direction |
of the State
Superintendent of Education from the fund from |
which the appropriation is made
without regard to any fiscal |
year limitations, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, payment of tuition |
reimbursement claims under Section 14-7.03 or 18-3 of the |
School Code as of June 30, payable from appropriations that |
have otherwise expired, may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-2) (Blank). |
(b-2.5) (Blank). |
(b-2.6) (Blank). |
(b-2.6a) (Blank). |
(b-2.6b) (Blank). |
(b-2.6c) (Blank). |
(b-2.6d) All outstanding liabilities as of June 30, 2020, |
payable from appropriations that would otherwise expire at the |
conclusion of the lapse period for fiscal year 2020, and |
interest penalties payable on those liabilities under the |
|
State Prompt Payment Act, may be paid out of the expiring |
appropriations until December 31, 2020, without regard to the |
fiscal year in which the payment is made, as long as vouchers |
for the liabilities are received by the Comptroller no later |
than September 30, 2020. |
(b-2.6e) All outstanding liabilities as of June 30, 2021, |
payable from appropriations that would otherwise expire at the |
conclusion of the lapse period for fiscal year 2021, and |
interest penalties payable on those liabilities under the |
State Prompt Payment Act, may be paid out of the expiring |
appropriations until September 30, 2021, without regard to the |
fiscal year in which the payment is made. |
(b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each |
fiscal year thereafter 2019, 2020, 2021, 2022, and 2023 , |
interest penalties payable under the State Prompt Payment Act |
associated with a voucher for which payment is issued after |
June 30 may be paid out of the next fiscal year's |
appropriation. The future year appropriation must be for the |
same purpose and from the same fund as the original payment. An |
interest penalty voucher submitted against a future year |
appropriation must be submitted within 60 days after the |
issuance of the associated voucher, except that, for fiscal |
year 2018 only, an interest penalty voucher submitted against |
a future year appropriation must be submitted within 60 days |
of June 5, 2019 (the effective date of Public Act 101-10). The |
Comptroller must issue the interest payment within 60 days |
|
after acceptance of the interest voucher. |
(b-3) Medical payments may be made by the Department of |
Veterans' Affairs from
its
appropriations for those purposes |
for any fiscal year, without regard to the
fact that the |
medical services being compensated for by such payment may |
have
been rendered in a prior fiscal year, except as required |
by subsection (j) of this Section. Beginning on June 30, 2021, |
medical payments payable from appropriations that have |
otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-4) Medical payments and child care
payments may be made |
by the Department of
Human Services (as successor to the |
Department of Public Aid) from
appropriations for those |
purposes for any fiscal year,
without regard to the fact that |
the medical or child care services being
compensated for by |
such payment may have been rendered in a prior fiscal
year; and |
payments may be made at the direction of the Department of
|
Healthcare and Family Services (or successor agency) from the |
Health Insurance Reserve Fund without regard to any fiscal
|
year limitations, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, medical and child care |
payments made by the Department of Human Services and payments |
made at the discretion of the Department of Healthcare and |
Family Services (or successor agency) from the Health |
Insurance Reserve Fund and payable from appropriations that |
|
have otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-5) Medical payments may be made by the Department of |
Human Services from its appropriations relating to substance |
abuse treatment services for any fiscal year, without regard |
to the fact that the medical services being compensated for by |
such payment may have been rendered in a prior fiscal year, |
provided the payments are made on a fee-for-service basis |
consistent with requirements established for Medicaid |
reimbursement by the Department of Healthcare and Family |
Services, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, medical payments made by |
the Department of Human Services relating to substance abuse |
treatment services payable from appropriations that have |
otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31. |
(b-6) (Blank).
|
(b-7) Payments may be made in accordance with a plan |
authorized by paragraph (11) or (12) of Section 405-105 of the |
Department of Central Management Services Law from |
appropriations for those payments without regard to fiscal |
year limitations. |
(b-8) Reimbursements to eligible airport sponsors for the |
construction or upgrading of Automated Weather Observation |
|
Systems may be made by the Department of Transportation from |
appropriations for those purposes for any fiscal year, without |
regard to the fact that the qualification or obligation may |
have occurred in a prior fiscal year, provided that at the time |
the expenditure was made the project had been approved by the |
Department of Transportation prior to June 1, 2012 and, as a |
result of recent changes in federal funding formulas, can no |
longer receive federal reimbursement. |
(b-9) (Blank). |
(c) Further, payments may be made by the Department of |
Public Health and the
Department of Human Services (acting as |
successor to the Department of Public
Health under the |
Department of Human Services Act)
from their respective |
appropriations for grants for medical care to or on
behalf of |
premature and high-mortality risk infants and their mothers |
and
for grants for supplemental food supplies provided under |
the United States
Department of Agriculture Women, Infants and |
Children Nutrition Program,
for any fiscal year without regard |
to the fact that the services being
compensated for by such |
payment may have been rendered in a prior fiscal year, except |
as required by subsection (j) of this Section. Beginning on |
June 30, 2021, payments made by the Department of Public |
Health and the Department of Human Services from their |
respective appropriations for grants for medical care to or on |
behalf of premature and high-mortality risk infants and their |
mothers and for grants for supplemental food supplies provided |
|
under the United States Department of Agriculture Women, |
Infants and Children Nutrition Program payable from |
appropriations that have otherwise expired may be paid out of |
the expiring appropriations during the 4-month period ending |
at the close of business on October 31.
|
(d) The Department of Public Health and the Department of |
Human Services
(acting as successor to the Department of |
Public Health under the Department of
Human Services Act) |
shall each annually submit to the State Comptroller, Senate
|
President, Senate
Minority Leader, Speaker of the House, House |
Minority Leader, and the
respective Chairmen and Minority |
Spokesmen of the
Appropriations Committees of the Senate and |
the House, on or before
December 31, a report of fiscal year |
funds used to pay for services
provided in any prior fiscal |
year. This report shall document by program or
service |
category those expenditures from the most recently completed |
fiscal
year used to pay for services provided in prior fiscal |
years.
|
(e) The Department of Healthcare and Family Services, the |
Department of Human Services
(acting as successor to the |
Department of Public Aid), and the Department of Human |
Services making fee-for-service payments relating to substance |
abuse treatment services provided during a previous fiscal |
year shall each annually
submit to the State
Comptroller, |
Senate President, Senate Minority Leader, Speaker of the |
House,
House Minority Leader, the respective Chairmen and |
|
Minority Spokesmen of the
Appropriations Committees of the |
Senate and the House, on or before November
30, a report that |
shall document by program or service category those
|
expenditures from the most recently completed fiscal year used |
to pay for (i)
services provided in prior fiscal years and (ii) |
services for which claims were
received in prior fiscal years.
|
(f) The Department of Human Services (as successor to the |
Department of
Public Aid) shall annually submit to the State
|
Comptroller, Senate President, Senate Minority Leader, Speaker |
of the House,
House Minority Leader, and the respective |
Chairmen and Minority Spokesmen of
the Appropriations |
Committees of the Senate and the House, on or before
December |
31, a report
of fiscal year funds used to pay for services |
(other than medical care)
provided in any prior fiscal year. |
This report shall document by program or
service category |
those expenditures from the most recently completed fiscal
|
year used to pay for services provided in prior fiscal years.
|
(g) In addition, each annual report required to be |
submitted by the
Department of Healthcare and Family Services |
under subsection (e) shall include the following
information |
with respect to the State's Medicaid program:
|
(1) Explanations of the exact causes of the variance |
between the previous
year's estimated and actual |
liabilities.
|
(2) Factors affecting the Department of Healthcare and |
Family Services' liabilities,
including, but not limited |
|
to, numbers of aid recipients, levels of medical
service |
utilization by aid recipients, and inflation in the cost |
of medical
services.
|
(3) The results of the Department's efforts to combat |
fraud and abuse.
|
(h) As provided in Section 4 of the General Assembly |
Compensation Act,
any utility bill for service provided to a |
General Assembly
member's district office for a period |
including portions of 2 consecutive
fiscal years may be paid |
from funds appropriated for such expenditure in
either fiscal |
year.
|
(i) An agency which administers a fund classified by the |
Comptroller as an
internal service fund may issue rules for:
|
(1) billing user agencies in advance for payments or |
authorized inter-fund transfers
based on estimated charges |
for goods or services;
|
(2) issuing credits, refunding through inter-fund |
transfers, or reducing future inter-fund transfers
during
|
the subsequent fiscal year for all user agency payments or |
authorized inter-fund transfers received during the
prior |
fiscal year which were in excess of the final amounts owed |
by the user
agency for that period; and
|
(3) issuing catch-up billings to user agencies
during |
the subsequent fiscal year for amounts remaining due when |
payments or authorized inter-fund transfers
received from |
the user agency during the prior fiscal year were less |
|
than the
total amount owed for that period.
|
User agencies are authorized to reimburse internal service |
funds for catch-up
billings by vouchers drawn against their |
respective appropriations for the
fiscal year in which the |
catch-up billing was issued or by increasing an authorized |
inter-fund transfer during the current fiscal year. For the |
purposes of this Act, "inter-fund transfers" means transfers |
without the use of the voucher-warrant process, as authorized |
by Section 9.01 of the State Comptroller Act.
|
(i-1) Beginning on July 1, 2021, all outstanding |
liabilities, not payable during the 4-month lapse period as |
described in subsections (b-1), (b-3), (b-4), (b-5), and (c) |
of this Section, that are made from appropriations for that |
purpose for any fiscal year, without regard to the fact that |
the services being compensated for by those payments may have |
been rendered in a prior fiscal year, are limited to only those |
claims that have been incurred but for which a proper bill or |
invoice as defined by the State Prompt Payment Act has not been |
received by September 30th following the end of the fiscal |
year in which the service was rendered. |
(j) Notwithstanding any other provision of this Act, the |
aggregate amount of payments to be made without regard for |
fiscal year limitations as contained in subsections (b-1), |
(b-3), (b-4), (b-5), and (c) of this Section, and determined |
by using Generally Accepted Accounting Principles, shall not |
exceed the following amounts: |
|
(1) $6,000,000,000 for outstanding liabilities related |
to fiscal year 2012; |
(2) $5,300,000,000 for outstanding liabilities related |
to fiscal year 2013; |
(3) $4,600,000,000 for outstanding liabilities related |
to fiscal year 2014; |
(4) $4,000,000,000 for outstanding liabilities related |
to fiscal year 2015; |
(5) $3,300,000,000 for outstanding liabilities related |
to fiscal year 2016; |
(6) $2,600,000,000 for outstanding liabilities related |
to fiscal year 2017; |
(7) $2,000,000,000 for outstanding liabilities related |
to fiscal year 2018; |
(8) $1,300,000,000 for outstanding liabilities related |
to fiscal year 2019; |
(9) $600,000,000 for outstanding liabilities related |
to fiscal year 2020; and |
(10) $0 for outstanding liabilities related to fiscal |
year 2021 and fiscal years thereafter. |
(k) Department of Healthcare and Family Services Medical |
Assistance Payments. |
(1) Definition of Medical Assistance. |
For purposes of this subsection, the term "Medical |
Assistance" shall include, but not necessarily be |
limited to, medical programs and services authorized |
|
under Titles XIX and XXI of the Social Security Act, |
the Illinois Public Aid Code, the Children's Health |
Insurance Program Act, the Covering ALL KIDS Health |
Insurance Act, the Long Term Acute Care Hospital |
Quality Improvement Transfer Program Act, and medical |
care to or on behalf of persons suffering from chronic |
renal disease, persons suffering from hemophilia, and |
victims of sexual assault. |
(2) Limitations on Medical Assistance payments that |
may be paid from future fiscal year appropriations. |
(A) The maximum amounts of annual unpaid Medical |
Assistance bills received and recorded by the |
Department of Healthcare and Family Services on or |
before June 30th of a particular fiscal year |
attributable in aggregate to the General Revenue Fund, |
Healthcare Provider Relief Fund, Tobacco Settlement |
Recovery Fund, Long-Term Care Provider Fund, and the |
Drug Rebate Fund that may be paid in total by the |
Department from future fiscal year Medical Assistance |
appropriations to those funds are:
$700,000,000 for |
fiscal year 2013 and $100,000,000 for fiscal year 2014 |
and each fiscal year thereafter. |
(B) Bills for Medical Assistance services rendered |
in a particular fiscal year, but received and recorded |
by the Department of Healthcare and Family Services |
after June 30th of that fiscal year, may be paid from |
|
either appropriations for that fiscal year or future |
fiscal year appropriations for Medical Assistance. |
Such payments shall not be subject to the requirements |
of subparagraph (A). |
(C) Medical Assistance bills received by the |
Department of Healthcare and Family Services in a |
particular fiscal year, but subject to payment amount |
adjustments in a future fiscal year may be paid from a |
future fiscal year's appropriation for Medical |
Assistance. Such payments shall not be subject to the |
requirements of subparagraph (A). |
(D) Medical Assistance payments made by the |
Department of Healthcare and Family Services from |
funds other than those specifically referenced in |
subparagraph (A) may be made from appropriations for |
those purposes for any fiscal year without regard to |
the fact that the Medical Assistance services being |
compensated for by such payment may have been rendered |
in a prior fiscal year. Such payments shall not be |
subject to the requirements of subparagraph (A). |
(3) Extended lapse period for Department of Healthcare |
and Family Services Medical Assistance payments. |
Notwithstanding any other State law to the contrary, |
outstanding Department of Healthcare and Family Services |
Medical Assistance liabilities, as of June 30th, payable |
from appropriations which have otherwise expired, may be |
|
paid out of the expiring appropriations during the 4-month |
period ending at the close of business on October 31st. |
(l) The changes to this Section made by Public Act 97-691 |
shall be effective for payment of Medical Assistance bills |
incurred in fiscal year 2013 and future fiscal years. The |
changes to this Section made by Public Act 97-691 shall not be |
applied to Medical Assistance bills incurred in fiscal year |
2012 or prior fiscal years. |
(m) The Comptroller must issue payments against |
outstanding liabilities that were received prior to the lapse |
period deadlines set forth in this Section as soon thereafter |
as practical, but no payment may be issued after the 4 months |
following the lapse period deadline without the signed |
authorization of the Comptroller and the Governor. |
(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; |
101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff. |
8-6-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22.)
|
Section 5-55. The State Revenue Sharing Act is amended by |
changing Section 12 as follows:
|
(30 ILCS 115/12) (from Ch. 85, par. 616)
|
Sec. 12. Personal Property Tax Replacement Fund. There is |
hereby
created the Personal Property Tax Replacement Fund, a |
special fund in
the State Treasury into which shall be paid all |
revenue realized:
|
|
(a) all amounts realized from the additional personal |
property tax
replacement income tax imposed by subsections |
(c) and (d) of Section 201 of the
Illinois Income Tax Act, |
except for those amounts deposited into the Income Tax
|
Refund Fund pursuant to subsection (c) of Section 901 of |
the Illinois Income
Tax Act; and
|
(b) all amounts realized from the additional personal |
property replacement
invested capital taxes imposed by |
Section 2a.1 of the Messages Tax
Act, Section 2a.1 of the |
Gas Revenue Tax Act, Section 2a.1 of the Public
Utilities |
Revenue Act, and Section 3 of the Water Company Invested |
Capital
Tax Act, and amounts payable to the Department of |
Revenue under the
Telecommunications Infrastructure |
Maintenance Fee Act.
|
As soon as may be after the end of each month, the |
Department of Revenue
shall certify to the Treasurer and the |
Comptroller the amount of all refunds
paid out of the General |
Revenue Fund through the preceding month on account
of |
overpayment of liability on taxes paid into the Personal |
Property Tax
Replacement Fund. Upon receipt of such |
certification, the Treasurer and
the Comptroller shall |
transfer the amount so certified from the Personal
Property |
Tax Replacement Fund into the General Revenue Fund.
|
The payments of revenue into the Personal Property Tax |
Replacement Fund
shall be used exclusively for distribution to |
taxing districts, regional offices and officials, and local |
|
officials as provided
in this Section and in the School Code, |
payment of the ordinary and contingent expenses of the |
Property Tax Appeal Board, payment of the expenses of the |
Department of Revenue incurred
in administering the collection |
and distribution of monies paid into the
Personal Property Tax |
Replacement Fund and transfers due to refunds to
taxpayers for |
overpayment of liability for taxes paid into the Personal
|
Property Tax Replacement Fund.
|
In addition, moneys in the Personal Property Tax
|
Replacement Fund may be used to pay any of the following: (i) |
salary, stipends, and additional compensation as provided by |
law for chief election clerks, county clerks, and county |
recorders; (ii) costs associated with regional offices of |
education and educational service centers; (iii) |
reimbursements payable by the State Board of Elections under |
Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the |
Election Code; (iv) expenses of the Illinois Educational Labor |
Relations Board; and (v) salary, personal services, and |
additional compensation as provided by law for court reporters |
under the Court Reporters Act. |
As soon as may be after June 26, 1980 (the effective date |
of Public Act 81-1255),
the Department of Revenue shall |
certify to the Treasurer the amount of net
replacement revenue |
paid into the General Revenue Fund prior to that effective
|
date from the additional tax imposed by Section 2a.1 of the |
Messages Tax
Act; Section 2a.1 of the Gas Revenue Tax Act; |
|
Section 2a.1 of the Public
Utilities Revenue Act; Section 3 of |
the Water Company Invested Capital Tax Act;
amounts collected |
by the Department of Revenue under the Telecommunications |
Infrastructure Maintenance Fee Act; and the
additional |
personal
property tax replacement income tax imposed by
the |
Illinois Income Tax Act, as amended by Public
Act 81-1st |
Special Session-1. Net replacement revenue shall be defined as
|
the total amount paid into and remaining in the General |
Revenue Fund as a
result of those Acts minus the amount |
outstanding and obligated from the
General Revenue Fund in |
state vouchers or warrants prior to June 26, 1980 (the |
effective
date of Public Act 81-1255) as refunds to taxpayers |
for overpayment
of liability under those Acts.
|
All interest earned by monies accumulated in the Personal |
Property
Tax Replacement Fund shall be deposited in such Fund. |
All amounts allocated
pursuant to this Section are |
appropriated on a continuing basis.
|
Prior to December 31, 1980, as soon as may be after the end |
of each quarter
beginning with the quarter ending December 31, |
1979, and on and after
December 31, 1980, as soon as may be |
after January 1, March 1, April 1, May
1, July 1, August 1, |
October 1 and December 1 of each year, the Department
of |
Revenue shall allocate to each taxing district as defined in |
Section 1-150
of the Property Tax Code, in accordance with
the |
provisions of paragraph (2) of this Section the portion of the |
funds held
in the Personal Property Tax Replacement Fund which |
|
is required to be
distributed, as provided in paragraph (1), |
for each quarter. Provided,
however, under no circumstances |
shall any taxing district during each of the
first two years of |
distribution of the taxes imposed by Public Act 81-1st Special |
Session-1 be entitled to an annual allocation which is less |
than the funds such
taxing district collected from the 1978 |
personal property tax. Provided further
that under no |
circumstances shall any taxing district during the third year |
of
distribution of the taxes imposed by Public Act 81-1st |
Special Session-1 receive less
than 60% of the funds such |
taxing district collected from the 1978 personal
property tax. |
In the event that the total of the allocations made as above
|
provided for all taxing districts, during either of such 3 |
years, exceeds the
amount available for distribution the |
allocation of each taxing district shall
be proportionately |
reduced. Except as provided in Section 13 of this Act, the
|
Department shall then certify, pursuant to appropriation, such |
allocations to
the State Comptroller who shall pay over to the |
several taxing districts the
respective amounts allocated to |
them.
|
Any township which receives an allocation based in whole |
or in part upon
personal property taxes which it levied |
pursuant to Section 6-507 or 6-512
of the Illinois Highway |
Code and which was previously
required to be paid
over to a |
municipality shall immediately pay over to that municipality a
|
proportionate share of the personal property replacement funds |
|
which such
township receives.
|
Any municipality or township, other than a municipality |
with a population
in excess of 500,000, which receives an |
allocation based in whole or in
part on personal property |
taxes which it levied pursuant to Sections 3-1,
3-4 and 3-6 of |
the Illinois Local Library Act and which was
previously
|
required to be paid over to a public library shall immediately |
pay over
to that library a proportionate share of the personal |
property tax replacement
funds which such municipality or |
township receives; provided that if such
a public library has |
converted to a library organized under the Illinois
Public |
Library District Act, regardless of whether such conversion |
has
occurred on, after or before January 1, 1988, such |
proportionate share
shall be immediately paid over to the |
library district which maintains and
operates the library. |
However, any library that has converted prior to January
1, |
1988, and which hitherto has not received the personal |
property tax
replacement funds, shall receive such funds |
commencing on January 1, 1988.
|
Any township which receives an allocation based in whole |
or in part on
personal property taxes which it levied pursuant |
to Section 1c of the Public
Graveyards Act and which taxes were |
previously required to be paid
over to or used for such public |
cemetery or cemeteries shall immediately
pay over to or use |
for such public cemetery or cemeteries a proportionate
share |
of the personal property tax replacement funds which the |
|
township
receives.
|
Any taxing district which receives an allocation based in |
whole or in
part upon personal property taxes which it levied |
for another
governmental body or school district in Cook |
County in 1976 or for
another governmental body or school |
district in the remainder of the
State in 1977 shall |
immediately pay over to that governmental body or
school |
district the amount of personal property replacement funds |
which
such governmental body or school district would receive |
directly under
the provisions of paragraph (2) of this |
Section, had it levied its own
taxes.
|
(1) The portion of the Personal Property Tax |
Replacement Fund required to
be
distributed as of the time |
allocation is required to be made shall be the
amount |
available in such Fund as of the time allocation is |
required to be made.
|
The amount available for distribution shall be the |
total amount in the
fund at such time minus the necessary |
administrative and other authorized expenses as limited
by |
the appropriation and the amount determined by: (a) $2.8 |
million for
fiscal year 1981; (b) for fiscal year 1982, |
.54% of the funds distributed
from the fund during the |
preceding fiscal year; (c) for fiscal year 1983
through |
fiscal year 1988, .54% of the funds distributed from the |
fund during
the preceding fiscal year less .02% of such |
fund for fiscal year 1983 and
less .02% of such funds for |
|
each fiscal year thereafter; (d) for fiscal
year 1989 |
through fiscal year 2011 no more than 105% of the actual |
administrative expenses
of the prior fiscal year; (e) for |
fiscal year 2012 and beyond, a sufficient amount to pay |
(i) stipends, additional compensation, salary |
reimbursements, and other amounts directed to be paid out |
of this Fund for local officials as authorized or required |
by statute and (ii) the ordinary and contingent expenses |
of the Property Tax Appeal Board and the expenses of the |
Department of Revenue incurred in administering the |
collection and distribution of moneys paid into the Fund; |
(f) for fiscal years 2012 and 2013 only, a sufficient |
amount to pay stipends, additional compensation, salary |
reimbursements, and other amounts directed to be paid out |
of this Fund for regional offices and officials as |
authorized or required by statute; or (g) for fiscal years |
2018 through 2024 2023 only, a sufficient amount to pay |
amounts directed to be paid out of this Fund for public |
community college base operating grants and local health |
protection grants to certified local health departments as |
authorized or required by appropriation or statute. Such |
portion of the fund shall be determined after
the transfer |
into the General Revenue Fund due to refunds, if any, paid
|
from the General Revenue Fund during the preceding |
quarter. If at any time,
for any reason, there is |
insufficient amount in the Personal Property
Tax |
|
Replacement Fund for payments for regional offices and |
officials or local officials or payment of costs of |
administration or for transfers
due to refunds at the end |
of any particular month, the amount of such
insufficiency |
shall be carried over for the purposes of payments for |
regional offices and officials, local officials, transfers |
into the
General Revenue Fund, and costs of administration |
to the
following month or months. Net replacement revenue |
held, and defined above,
shall be transferred by the |
Treasurer and Comptroller to the Personal Property
Tax |
Replacement Fund within 10 days of such certification.
|
(2) Each quarterly allocation shall first be |
apportioned in the
following manner: 51.65% for taxing |
districts in Cook County and 48.35%
for taxing districts |
in the remainder of the State.
|
The Personal Property Replacement Ratio of each taxing |
district
outside Cook County shall be the ratio which the Tax |
Base of that taxing
district bears to the Downstate Tax Base. |
The Tax Base of each taxing
district outside of Cook County is |
the personal property tax collections
for that taxing district |
for the 1977 tax year. The Downstate Tax Base
is the personal |
property tax collections for all taxing districts in the
State |
outside of Cook County for the 1977 tax year. The Department of
|
Revenue shall have authority to review for accuracy and |
completeness the
personal property tax collections for each |
taxing district outside Cook
County for the 1977 tax year.
|
|
The Personal Property Replacement Ratio of each Cook |
County taxing
district shall be the ratio which the Tax Base of |
that taxing district
bears to the Cook County Tax Base. The Tax |
Base of each Cook County
taxing district is the personal |
property tax collections for that taxing
district for the 1976 |
tax year. The Cook County Tax Base is the
personal property tax |
collections for all taxing districts in Cook
County for the |
1976 tax year. The Department of Revenue shall have
authority |
to review for accuracy and completeness the personal property |
tax
collections for each taxing district within Cook County |
for the 1976 tax year.
|
For all purposes of this Section 12, amounts paid to a |
taxing district
for such tax years as may be applicable by a |
foreign corporation under the
provisions of Section 7-202 of |
the Public Utilities Act, as amended,
shall be deemed to be |
personal property taxes collected by such taxing district
for |
such tax years as may be applicable. The Director shall |
determine from the
Illinois Commerce Commission, for any tax |
year as may be applicable, the
amounts so paid by any such |
foreign corporation to any and all taxing
districts. The |
Illinois Commerce Commission shall furnish such information to
|
the Director. For all purposes of this Section 12, the |
Director shall deem such
amounts to be collected personal |
property taxes of each such taxing district
for the applicable |
tax year or years.
|
Taxing districts located both in Cook County and in one or |
|
more other
counties shall receive both a Cook County |
allocation and a Downstate
allocation determined in the same |
way as all other taxing districts.
|
If any taxing district in existence on July 1, 1979 ceases |
to exist,
or discontinues its operations, its Tax Base shall |
thereafter be deemed
to be zero. If the powers, duties and |
obligations of the discontinued
taxing district are assumed by |
another taxing district, the Tax Base of
the discontinued |
taxing district shall be added to the Tax Base of the
taxing |
district assuming such powers, duties and obligations.
|
If two or more taxing districts in existence on July 1, |
1979, or a
successor or successors thereto shall consolidate |
into one taxing
district, the Tax Base of such consolidated |
taxing district shall be the
sum of the Tax Bases of each of |
the taxing districts which have consolidated.
|
If a single taxing district in existence on July 1, 1979, |
or a
successor or successors thereto shall be divided into two |
or more
separate taxing districts, the tax base of the taxing |
district so
divided shall be allocated to each of the |
resulting taxing districts in
proportion to the then current |
equalized assessed value of each resulting
taxing district.
|
If a portion of the territory of a taxing district is |
disconnected
and annexed to another taxing district of the |
same type, the Tax Base of
the taxing district from which |
disconnection was made shall be reduced
in proportion to the |
then current equalized assessed value of the disconnected
|
|
territory as compared with the then current equalized assessed |
value within the
entire territory of the taxing district prior |
to disconnection, and the
amount of such reduction shall be |
added to the Tax Base of the taxing
district to which |
annexation is made.
|
If a community college district is created after July 1, |
1979,
beginning on January 1, 1996 (the effective date of |
Public Act 89-327), its Tax Base
shall be 3.5% of the sum of |
the personal property tax collected for the
1977 tax year |
within the territorial jurisdiction of the district.
|
The amounts allocated and paid to taxing districts |
pursuant to
the provisions of Public Act 81-1st Special |
Session-1 shall be deemed to be
substitute revenues for the |
revenues derived from taxes imposed on
personal property |
pursuant to the provisions of the "Revenue Act of
1939" or "An |
Act for the assessment and taxation of private car line
|
companies", approved July 22, 1943, as amended, or Section 414 |
of the
Illinois Insurance Code, prior to the abolition of such |
taxes and shall
be used for the same purposes as the revenues |
derived from ad valorem
taxes on real estate.
|
Monies received by any taxing districts from the Personal |
Property
Tax Replacement Fund shall be first applied toward |
payment of the proportionate
amount of debt service which was |
previously levied and collected from
extensions against |
personal property on bonds outstanding as of December 31,
1978 |
and next applied toward payment of the proportionate share of |
|
the pension
or retirement obligations of the taxing district |
which were previously levied
and collected from extensions |
against personal property. For each such
outstanding bond |
issue, the County Clerk shall determine the percentage of the
|
debt service which was collected from extensions against real |
estate in the
taxing district for 1978 taxes payable in 1979, |
as related to the total amount
of such levies and collections |
from extensions against both real and personal
property. For |
1979 and subsequent years' taxes, the County Clerk shall levy
|
and extend taxes against the real estate of each taxing |
district which will
yield the said percentage or percentages |
of the debt service on such
outstanding bonds. The balance of |
the amount necessary to fully pay such debt
service shall |
constitute a first and prior lien upon the monies
received by |
each such taxing district through the Personal Property Tax
|
Replacement Fund and shall be first applied or set aside for |
such purpose.
In counties having fewer than 3,000,000 |
inhabitants, the amendments to
this paragraph as made by |
Public Act 81-1255 shall be first
applicable to 1980 taxes to |
be collected in 1981.
|
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
Section 5-60. The Railsplitter Tobacco Settlement |
Authority Act is amended by changing Section 3-5 as follows: |
|
(30 ILCS 171/3-5)
|
Sec. 3-5. Certain powers of the Authority. The Authority |
shall have the power to: |
(1) sue and be sued;
|
(2) have a seal and alter the same at pleasure;
|
(3) make and alter by-laws for its organization and |
internal management and make rules and regulations |
governing the use of its property and facilities;
|
(4) appoint by and with the consent of the Attorney |
General, assistant attorneys for such Authority; those |
assistant attorneys shall be under the control, direction, |
and supervision of the Attorney General and shall serve at |
his or her pleasure; |
(5) retain special counsel, subject to the approval of |
the Attorney General, as needed from time to time, and fix |
their compensation, provided however, such special counsel |
shall be subject to the control, direction and supervision |
of the Attorney General and shall serve at his or her |
pleasure; |
(6) make and execute contracts and all other |
instruments necessary or convenient for the exercise of |
its powers and functions under this Section and to |
commence any action to protect or enforce any right |
conferred upon it by any law, contract, or other |
agreement, provided that any underwriter, financial |
advisor, bond counsel, or other professional providing |
|
services to the Authority may be selected pursuant to |
solicitations issued and completed by the Governor's |
Office of Management and Budget for those services;
|
(7) appoint officers and agents, prescribe their |
duties and qualifications, fix their compensation and |
engage the services of private consultants and counsel on |
a contract basis for rendering professional and technical |
assistance and advice, provided that this shall not be |
construed to limit the authority of the Attorney General |
provided in Section 4 of the Attorney General Act;
|
(8) pay its operating expenses and its financing |
costs, including its reasonable costs of issuance and sale |
and those of the Attorney General, if any, in a total |
amount not greater than 1% of the principal amount of the |
proceeds of the bond sale;
|
(9) borrow money in its name and issue negotiable |
bonds and provide for the rights of the holders thereof as |
otherwise provided in this Act;
|
(10) procure insurance against any loss in connection |
with its activities, properties, and assets in such amount |
and from such insurers as it deems desirable;
|
(11) invest any funds or other moneys under its |
custody and control in investment securities , including in |
defeasance collateral, as that term is defined in any bond |
indenture to which the Authority is party, or under any |
related bond facility;
|
|
(12) as security for the payment of the principal of |
and interest on any bonds issued by it pursuant to this Act |
and any agreement made in connection therewith and for its |
obligations under any related bond facility, pledge all or |
any part of the tobacco settlement revenues;
|
(13) receive payments, transfers of funds, or other
|
moneys from any source in furtherance of a defeasance of |
bonds, provide notice to an indenture trustee of the |
defeasance of outstanding bonds, and execute and deliver |
those instruments necessary to discharge the lien of the |
trustee and the security interest of the holders of |
outstanding bonds created under an indenture; and |
(14) do any and all things necessary or convenient to |
carry out its purposes and exercise the powers expressly |
given and granted in this Section.
|
(Source: P.A. 96-958, eff. 7-1-10.) |
Section 5-62. The Illinois Procurement Code is amended by |
changing Sections 1-10, 10-10, and 10-20 as follows:
|
(30 ILCS 500/1-10)
|
Sec. 1-10. Application.
|
(a) This Code applies only to procurements for which |
bidders, offerors, potential contractors, or contractors were |
first
solicited on or after July 1, 1998. This Code shall not |
be construed to affect
or impair any contract, or any |
|
provision of a contract, entered into based on a
solicitation |
prior to the implementation date of this Code as described in
|
Article 99, including, but not limited to, any covenant |
entered into with respect
to any revenue bonds or similar |
instruments.
All procurements for which contracts are |
solicited between the effective date
of Articles 50 and 99 and |
July 1, 1998 shall be substantially in accordance
with this |
Code and its intent.
|
(b) This Code shall apply regardless of the source of the |
funds with which
the contracts are paid, including federal |
assistance moneys. This
Code shall
not apply to:
|
(1) Contracts between the State and its political |
subdivisions or other
governments, or between State |
governmental bodies, except as specifically provided in |
this Code.
|
(2) Grants, except for the filing requirements of |
Section 20-80.
|
(3) Purchase of care, except as provided in Section |
5-30.6 of the Illinois Public Aid
Code and this Section.
|
(4) Hiring of an individual as an employee and not as |
an independent
contractor, whether pursuant to an |
employment code or policy or by contract
directly with |
that individual.
|
(5) Collective bargaining contracts.
|
(6) Purchase of real estate, except that notice of |
this type of contract with a value of more than $25,000 |
|
must be published in the Procurement Bulletin within 10 |
calendar days after the deed is recorded in the county of |
jurisdiction. The notice shall identify the real estate |
purchased, the names of all parties to the contract, the |
value of the contract, and the effective date of the |
contract.
|
(7) Contracts necessary to prepare for anticipated |
litigation, enforcement
actions, or investigations, |
provided
that the chief legal counsel to the Governor |
shall give his or her prior
approval when the procuring |
agency is one subject to the jurisdiction of the
Governor, |
and provided that the chief legal counsel of any other |
procuring
entity
subject to this Code shall give his or |
her prior approval when the procuring
entity is not one |
subject to the jurisdiction of the Governor.
|
(8) (Blank).
|
(9) Procurement expenditures by the Illinois |
Conservation Foundation
when only private funds are used.
|
(10) (Blank). |
(11) Public-private agreements entered into according |
to the procurement requirements of Section 20 of the |
Public-Private Partnerships for Transportation Act and |
design-build agreements entered into according to the |
procurement requirements of Section 25 of the |
Public-Private Partnerships for Transportation Act. |
(12) (A) Contracts for legal, financial, and other |
|
professional and artistic services entered into by the |
Illinois Finance Authority in which the State of Illinois |
is not obligated. Such contracts shall be awarded through |
a competitive process authorized by the members of the |
Illinois Finance Authority and are subject to Sections |
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, |
as well as the final approval by the members of the |
Illinois Finance Authority of the terms of the contract. |
(B) Contracts for legal and financial services entered |
into by the Illinois Housing Development Authority in |
connection with the issuance of bonds in which the State |
of Illinois is not obligated. Such contracts shall be |
awarded through a competitive process authorized by the |
members of the Illinois Housing Development Authority and |
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
and 50-37 of this Code, as well as the final approval by |
the members of the Illinois Housing Development Authority |
of the terms of the contract. |
(13) Contracts for services, commodities, and |
equipment to support the delivery of timely forensic |
science services in consultation with and subject to the |
approval of the Chief Procurement Officer as provided in |
subsection (d) of Section 5-4-3a of the Unified Code of |
Corrections, except for the requirements of Sections |
20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
Code; however, the Chief Procurement Officer may, in |
|
writing with justification, waive any certification |
required under Article 50 of this Code. For any contracts |
for services which are currently provided by members of a |
collective bargaining agreement, the applicable terms of |
the collective bargaining agreement concerning |
subcontracting shall be followed. |
On and after January 1, 2019, this paragraph (13), |
except for this sentence, is inoperative. |
(14) Contracts for participation expenditures required |
by a domestic or international trade show or exhibition of |
an exhibitor, member, or sponsor. |
(15) Contracts with a railroad or utility that |
requires the State to reimburse the railroad or utilities |
for the relocation of utilities for construction or other |
public purpose. Contracts included within this paragraph |
(15) shall include, but not be limited to, those |
associated with: relocations, crossings, installations, |
and maintenance. For the purposes of this paragraph (15), |
"railroad" means any form of non-highway ground |
transportation that runs on rails or electromagnetic |
guideways and "utility" means: (1) public utilities as |
defined in Section 3-105 of the Public Utilities Act, (2) |
telecommunications carriers as defined in Section 13-202 |
of the Public Utilities Act, (3) electric cooperatives as |
defined in Section 3.4 of the Electric Supplier Act, (4) |
telephone or telecommunications cooperatives as defined in |
|
Section 13-212 of the Public Utilities Act, (5) rural |
water or waste water systems with 10,000 connections or |
less, (6) a holder as defined in Section 21-201 of the |
Public Utilities Act, and (7) municipalities owning or |
operating utility systems consisting of public utilities |
as that term is defined in Section 11-117-2 of the |
Illinois Municipal Code. |
(16) Procurement expenditures necessary for the |
Department of Public Health to provide the delivery of |
timely newborn screening services in accordance with the |
Newborn Metabolic Screening Act. |
(17) Procurement expenditures necessary for the |
Department of Agriculture, the Department of Financial and |
Professional Regulation, the Department of Human Services, |
and the Department of Public Health to implement the |
Compassionate Use of Medical Cannabis Program and Opioid |
Alternative Pilot Program requirements and ensure access |
to medical cannabis for patients with debilitating medical |
conditions in accordance with the Compassionate Use of |
Medical Cannabis Program Act. |
(18) This Code does not apply to any procurements |
necessary for the Department of Agriculture, the |
Department of Financial and Professional Regulation, the |
Department of Human Services, the Department of Commerce |
and Economic Opportunity, and the Department of Public |
Health to implement the Cannabis Regulation and Tax Act if |
|
the applicable agency has made a good faith determination |
that it is necessary and appropriate for the expenditure |
to fall within this exemption and if the process is |
conducted in a manner substantially in accordance with the |
requirements of Sections 20-160, 25-60, 30-22, 50-5, |
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
Section 50-35, compliance applies only to contracts or |
subcontracts over $100,000. Notice of each contract |
entered into under this paragraph (18) that is related to |
the procurement of goods and services identified in |
paragraph (1) through (9) of this subsection shall be |
published in the Procurement Bulletin within 14 calendar |
days after contract execution. The Chief Procurement |
Officer shall prescribe the form and content of the |
notice. Each agency shall provide the Chief Procurement |
Officer, on a monthly basis, in the form and content |
prescribed by the Chief Procurement Officer, a report of |
contracts that are related to the procurement of goods and |
services identified in this subsection. At a minimum, this |
report shall include the name of the contractor, a |
description of the supply or service provided, the total |
amount of the contract, the term of the contract, and the |
exception to this Code utilized. A copy of any or all of |
these contracts shall be made available to the Chief |
Procurement Officer immediately upon request. The Chief |
|
Procurement Officer shall submit a report to the Governor |
and General Assembly no later than November 1 of each year |
that includes, at a minimum, an annual summary of the |
monthly information reported to the Chief Procurement |
Officer. This exemption becomes inoperative 5 years after |
June 25, 2019 (the effective date of Public Act 101-27). |
(19) Acquisition of modifications or adjustments, |
limited to assistive technology devices and assistive |
technology services, adaptive equipment, repairs, and |
replacement parts to provide reasonable accommodations (i) |
that enable a qualified applicant with a disability to |
complete the job application process and be considered for |
the position such qualified applicant desires, (ii) that |
modify or adjust the work environment to enable a |
qualified current employee with a disability to perform |
the essential functions of the position held by that |
employee, (iii) to enable a qualified current employee |
with a disability to enjoy equal benefits and privileges |
of employment as are enjoyed by other similarly situated |
employees without disabilities, and (iv) that allow a |
customer, client, claimant, or member of the public |
seeking State services full use and enjoyment of and |
access to its programs, services, or benefits. |
For purposes of this paragraph (19): |
"Assistive technology devices" means any item, piece |
of equipment, or product system, whether acquired |
|
commercially off the shelf, modified, or customized, that |
is used to increase, maintain, or improve functional |
capabilities of individuals with disabilities. |
"Assistive technology services" means any service that |
directly assists an individual with a disability in |
selection, acquisition, or use of an assistive technology |
device. |
"Qualified" has the same meaning and use as provided |
under the federal Americans with Disabilities Act when |
describing an individual with a disability. |
(20) Procurement expenditures necessary for the
|
Illinois Commerce Commission to hire third-party
|
facilitators pursuant to Sections 16-105.17 and
16-108.18 |
of the Public Utilities Act or an ombudsman pursuant to |
Section 16-107.5 of the Public Utilities Act, a |
facilitator pursuant to Section 16-105.17 of the Public |
Utilities Act, or a grid auditor pursuant to Section |
16-105.10 of the Public Utilities Act. |
(21) Procurement expenditures for the purchase, |
renewal, and expansion of software, software licenses, or |
software maintenance agreements that support the efforts |
of the Illinois State Police to enforce, regulate, and |
administer the Firearm Owners Identification Card Act, the |
Firearm Concealed Carry Act, the Firearms Restraining |
Order Act, the Firearm Dealer License Certification Act, |
the Law Enforcement Agencies Data System (LEADS), the |
|
Uniform Crime Reporting Act, the Criminal Identification |
Act, the Uniform Conviction Information Act, and the Gun |
Trafficking Information Act, or establish or maintain |
record management systems necessary to conduct human |
trafficking investigations or gun trafficking or other |
stolen firearm investigations. This paragraph (21) applies |
to contracts entered into on or after the effective date |
of this amendatory Act of the 102nd General Assembly and |
the renewal of contracts that are in effect on the |
effective date of this amendatory Act of the 102nd General |
Assembly. |
(22) Contracts for project management services and
|
system integration services required for the completion of |
the State's enterprise resource planning project. This |
exemption becomes inoperative 5 years after the effective |
date of the changes made to this Section by this |
amendatory Act of the 103rd General Assembly. This |
paragraph (22) applies to contracts entered into on or |
after the effective date of the changes made to this |
Section by this amendatory Act of the 103rd General |
Assembly and the renewal of contracts that are in effect |
on the effective date of the changes made to this Section |
by this amendatory Act of the 103rd General Assembly. |
Notwithstanding any other provision of law, for contracts |
with an annual value of more than $100,000 entered into on or |
after October 1, 2017 under an exemption provided in any |
|
paragraph of this subsection (b), except paragraph (1), (2), |
or (5), each State agency shall post to the appropriate |
procurement bulletin the name of the contractor, a description |
of the supply or service provided, the total amount of the |
contract, the term of the contract, and the exception to the |
Code utilized. The chief procurement officer shall submit a |
report to the Governor and General Assembly no later than |
November 1 of each year that shall include, at a minimum, an |
annual summary of the monthly information reported to the |
chief procurement officer. |
(c) This Code does not apply to the electric power |
procurement process provided for under Section 1-75 of the |
Illinois Power Agency Act and Section 16-111.5 of the Public |
Utilities Act. |
(d) Except for Section 20-160 and Article 50 of this Code, |
and as expressly required by Section 9.1 of the Illinois |
Lottery Law, the provisions of this Code do not apply to the |
procurement process provided for under Section 9.1 of the |
Illinois Lottery Law. |
(e) This Code does not apply to the process used by the |
Capital Development Board to retain a person or entity to |
assist the Capital Development Board with its duties related |
to the determination of costs of a clean coal SNG brownfield |
facility, as defined by Section 1-10 of the Illinois Power |
Agency Act, as required in subsection (h-3) of Section 9-220 |
of the Public Utilities Act, including calculating the range |
|
of capital costs, the range of operating and maintenance |
costs, or the sequestration costs or monitoring the |
construction of clean coal SNG brownfield facility for the |
full duration of construction. |
(f) (Blank). |
(g) (Blank). |
(h) This Code does not apply to the process to procure or |
contracts entered into in accordance with Sections 11-5.2 and |
11-5.3 of the Illinois Public Aid Code. |
(i) Each chief procurement officer may access records |
necessary to review whether a contract, purchase, or other |
expenditure is or is not subject to the provisions of this |
Code, unless such records would be subject to attorney-client |
privilege. |
(j) This Code does not apply to the process used by the |
Capital Development Board to retain an artist or work or works |
of art as required in Section 14 of the Capital Development |
Board Act. |
(k) This Code does not apply to the process to procure |
contracts, or contracts entered into, by the State Board of |
Elections or the State Electoral Board for hearing officers |
appointed pursuant to the Election Code. |
(l) This Code does not apply to the processes used by the |
Illinois Student Assistance Commission to procure supplies and |
services paid for from the private funds of the Illinois |
Prepaid Tuition Fund. As used in this subsection (l), "private |
|
funds" means funds derived from deposits paid into the |
Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
(m) This Code shall apply regardless of the source of |
funds with which contracts are paid, including federal |
assistance moneys. Except as specifically provided in this |
Code, this Code shall not apply to procurement expenditures |
necessary for the Department of Public Health to conduct the |
Healthy Illinois Survey in accordance with Section 2310-431 of |
the Department of Public Health Powers and Duties Law of the |
Civil Administrative Code of Illinois. |
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff |
1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, |
eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; |
102-1116, eff. 1-10-23.)
|
(30 ILCS 500/10-10)
|
Sec. 10-10. Independent State purchasing officers. |
(a) The chief procurement officer shall
appoint and |
determine the salary of a State purchasing officer for each |
agency that the chief procurement officer is responsible for |
under Section 1-15.15. A State purchasing officer shall be |
located in the State agency that the officer serves but shall |
report to his or her respective chief procurement officer. The |
State purchasing officer shall have direct communication with |
agency staff assigned to assist with any procurement process. |
|
At the direction of his or her respective chief procurement |
officer, a State purchasing officer shall have the authority |
to (i) review any contract or contract amendment prior to |
execution to ensure that applicable procurement and |
contracting standards were followed and (ii) approve or reject |
contracts for a purchasing agency. If the State purchasing |
officer provides written approval of the contract, the head of |
the applicable State agency shall have the authority to sign |
and enter into that contract. All actions of a State |
purchasing officer are subject to review by a chief |
procurement officer in accordance with procedures and policies |
established by the chief procurement officer. |
(a-5) A State purchasing officer may (i) attend any |
procurement meetings; (ii) access any records or files related |
to procurement; (iii) submit reports to the chief procurement |
officer on procurement issues; (iv) ensure the State agency is |
maintaining appropriate records; and (v) ensure transparency |
of the procurement process. |
(a-10) If a State purchasing officer is aware of |
misconduct, waste, or inefficiency with respect to State |
procurement, the State purchasing officer shall advise the |
State agency of the issue in writing. If the State agency does |
not correct the issue, the State purchasing officer shall |
report the problem, in writing, to the chief procurement |
officer and appropriate Inspector General. |
(b) In addition to any other requirement or qualification |
|
required by State law, within 30 months after appointment, a |
State purchasing officer must be a Certified Professional |
Public Buyer or a Certified Public Purchasing Officer, |
pursuant to certification by the Universal Public Purchasing |
Certification Council or the Institute for Supply Management. |
A State purchasing officer shall serve a term of 5 years |
beginning on the date of the officer's appointment. A State |
purchasing officer shall have an office located in the State |
agency that the officer serves but shall report to the chief |
procurement officer. A State purchasing officer may be removed |
by a chief procurement officer for cause after a hearing by the |
Executive Ethics Commission. The chief procurement officer or |
executive officer of the State agency housing the State |
purchasing officer may institute a complaint against the State |
purchasing officer by filing such a complaint with the |
Commission and the Commission shall have a public hearing |
based on the complaint. The State purchasing officer, chief |
procurement officer, and executive officer of the State agency |
shall receive notice of the hearing and shall be permitted to |
present their respective arguments on the complaint. After the |
hearing, the Commission shall make a non-binding |
recommendation on whether the State purchasing officer shall |
be removed. The salary of a State purchasing officer shall be |
established by the chief procurement officer and may not be |
diminished during the officer's term. In the absence of an |
appointed State purchasing
officer, the applicable
chief |
|
procurement officer shall exercise the procurement authority |
created by
this Code and may appoint a temporary acting State |
purchasing officer.
|
(c) Each State purchasing officer owes a fiduciary duty to |
the State. |
(Source: P.A. 100-43, eff. 8-9-17.)
|
(30 ILCS 500/10-20) |
Sec. 10-20. Independent chief procurement officers. |
(a) Appointment. Within 60 calendar days after the |
effective date of this amendatory Act of the 96th General |
Assembly, the Executive Ethics Commission, with the advice and |
consent of the Senate shall appoint or approve 4 chief |
procurement officers, one for each of the following |
categories: |
(1) for procurements for construction and |
construction-related services committed by law to the |
jurisdiction or responsibility of the Capital Development |
Board; |
(2) for procurements for all construction, |
construction-related services, operation of any facility, |
and the provision of any service or activity committed by |
law to the jurisdiction or responsibility of the Illinois |
Department of Transportation, including the direct or |
reimbursable expenditure of all federal funds for which |
the Department of Transportation is responsible or |
|
accountable for the use thereof in accordance with federal |
law, regulation, or procedure, the chief procurement |
officer recommended for approval under this item appointed |
by the Secretary of Transportation after consent by the |
Executive Ethics Commission; |
(3) for all procurements made by a public institution |
of higher education; and |
(4) for all other procurement needs of State agencies. |
For fiscal year 2024, the Executive Ethics Commission |
shall set aside from its appropriation those amounts necessary |
for the use of the 4 chief procurement officers for the |
ordinary and contingent expenses of their respective |
procurement offices. From the amounts set aside by the |
Commission, each chief procurement officer shall control the |
internal operations of his or her procurement office and shall |
procure the necessary equipment, materials, and services to |
perform the duties of that office, including hiring necessary |
procurement personnel, legal advisors and other employees, and |
may establish, in the exercise of the chief procurement |
officer's discretion, the compensation of the office's |
employees, which includes the State purchasing officers and |
any legal advisors. The Executive Ethics Commission shall have |
no control over the employees of the chief procurement |
officers. The Executive Ethics Commission shall provide |
administrative support services, including payroll, for each |
procurement office. A chief procurement officer shall be |
|
responsible to the Executive Ethics Commission but must be |
located within the agency that the officer provides with |
procurement services. The chief procurement officer for higher |
education shall have an office located within the Board of |
Higher Education, unless otherwise designated by the Executive |
Ethics Commission. The chief procurement officer for all other |
procurement needs of the State shall have an office located |
within the Department of Central Management Services, unless |
otherwise designated by the Executive Ethics Commission. |
(b) Terms and independence. Each chief procurement officer |
appointed under this Section shall serve for a term of 5 years |
beginning on the date of the officer's appointment. The chief |
procurement officer may be removed for cause after a hearing |
by the Executive Ethics Commission. The Governor or the |
director of a State agency directly responsible to the |
Governor may institute a complaint against the officer by |
filing such complaint with the Commission. The Commission |
shall have a hearing based on the complaint. The officer and |
the complainant shall receive reasonable notice of the hearing |
and shall be permitted to present their respective arguments |
on the complaint. After the hearing, the Commission shall make |
a finding on the complaint and may take disciplinary action, |
including but not limited to removal of the officer. |
The salary of a chief procurement officer shall be |
established by the Executive Ethics Commission and may not be |
diminished during the officer's term. The salary may not |
|
exceed the salary of the director of a State agency for which |
the officer serves as chief procurement officer. |
(c) Qualifications. In addition to any other requirement |
or qualification required by State law, each chief procurement |
officer must within 12 months of employment be a Certified |
Professional Public Buyer or a Certified Public Purchasing |
Officer, pursuant to certification by the Universal Public |
Purchasing Certification Council, and must reside in Illinois. |
(d) Fiduciary duty. Each chief procurement officer owes a |
fiduciary duty to the State. |
(e) Vacancy. In case of a vacancy in one or more of the |
offices of a chief procurement officer under this Section |
during the recess of the Senate, the Executive Ethics |
Commission shall make a temporary appointment until the next |
meeting of the Senate, when the Executive Ethics Commission |
shall nominate some person to fill the office, and any person |
so nominated who is confirmed by the Senate shall hold office |
during the remainder of the term and until his or her successor |
is appointed and qualified. If the Senate is not in session at |
the time this amendatory Act of the 96th General Assembly |
takes effect, the Executive Ethics Commission shall make a |
temporary appointment as in the case of a vacancy. |
(f) (Blank). |
(g) (Blank). |
(Source: P.A. 98-1076, eff. 1-1-15 .) |
|
Section 5-65. The Illinois Works Jobs Program Act is |
amended by changing Section 20-15 as follows: |
(30 ILCS 559/20-15)
|
Sec. 20-15. Illinois Works Preapprenticeship Program; |
Illinois Works Bid Credit Program. |
(a) The Illinois Works Preapprenticeship Program is |
established and shall be administered by the Department. The |
goal of the Illinois Works Preapprenticeship Program is to |
create a network of community-based organizations throughout |
the State that will recruit, prescreen, and provide |
preapprenticeship skills training, for which participants may |
attend free of charge and receive a stipend, to create a |
qualified, diverse pipeline of workers who are prepared for |
careers in the construction and building trades. Upon |
completion of the Illinois Works Preapprenticeship Program, |
the candidates will be skilled and work-ready. |
(b) There is created the Illinois Works Fund, a special |
fund in the State treasury. The Illinois Works Fund shall be |
administered by the Department. The Illinois Works Fund shall |
be used to provide funding for community-based organizations |
throughout the State. In addition to any other transfers that |
may be provided for by law, on and after July 1, 2019 at the |
direction of the Director of the Governor's Office of |
Management and Budget, the State Comptroller shall direct and |
the State Treasurer shall transfer amounts not exceeding a |
|
total of $50,000,000 $25,000,000 from the Rebuild Illinois |
Projects Fund to the Illinois Works Fund. |
(c) Each community-based organization that receives |
funding from the Illinois Works Fund shall provide an annual |
report to the Illinois Works Review Panel by April 1 of each |
calendar year. The annual report shall include the following |
information: |
(1) a description of the community-based |
organization's recruitment, screening, and training |
efforts; |
(2) the number of individuals who apply to, |
participate in, and complete the community-based |
organization's program, broken down by race, gender, age, |
and veteran status; and |
(3) the number of the individuals referenced in item (2) |
of this subsection who are initially accepted and placed |
into apprenticeship programs in the construction and |
building trades. |
(d) The Department shall create and administer the |
Illinois Works Bid Credit Program that shall provide economic |
incentives, through bid credits, to encourage contractors and |
subcontractors to provide contracting and employment |
opportunities to historically underrepresented populations in |
the construction industry. |
The Illinois Works Bid Credit Program shall allow |
contractors and subcontractors to earn bid credits for use |
|
toward future bids for public works projects contracted by the |
State or an agency of the State in order to increase the |
chances that the contractor and the subcontractors will be |
selected. |
Contractors or subcontractors may be eligible for bid |
credits for employing apprentices who have completed the |
Illinois Works Preapprenticeship Program on public works |
projects contracted by the State or any agency of the State. |
Contractors or subcontractors shall earn bid credits at a rate |
established by the Department and based on labor hours worked |
on State-contracted public works projects by apprentices who |
have completed the Illinois Works Preapprenticeship Program. |
The Department shall establish the rate by rule and shall |
publish it on the Department's website. The rule may include |
maximum bid credits allowed per contractor, per subcontractor, |
per apprentice, per bid, or per year. |
The Illinois Works Credit Bank is hereby created and shall |
be administered by the Department. The Illinois Works Credit |
Bank shall track the bid credits. |
A contractor or subcontractor who has been awarded bid |
credits under any other State program for employing |
apprentices who have completed the Illinois Works |
Preapprenticeship Program is not eligible to receive bid |
credits under the Illinois Works Bid Credit Program relating |
to the same contract. |
The Department shall report to the Illinois Works Review |
|
Panel the following: (i) the number of bid credits awarded by |
the Department; (ii) the number of bid credits submitted by |
the contractor or subcontractor to the agency administering |
the public works contract; and (iii) the number of bid credits |
accepted by the agency for such contract. Any agency that |
awards bid credits pursuant to the Illinois Works Credit Bank |
Program shall report to the Department the number of bid |
credits it accepted for the public works contract. |
Upon a finding that a contractor or subcontractor has |
reported falsified records to the Department in order to |
fraudulently obtain bid credits, the Department may bar the |
contractor or subcontractor from participating in the Illinois |
Works Bid Credit Program and may suspend the contractor or |
subcontractor from bidding on or participating in any public |
works project. False or fraudulent claims for payment relating |
to false bid credits may be subject to damages and penalties |
under applicable law. |
(e) The Department shall adopt any rules deemed necessary |
to implement this Section. In order to provide for the |
expeditious and timely implementation of this Act, the |
Department may adopt emergency rules. The adoption of |
emergency rules authorized by this subsection is deemed to be |
necessary for the public interest, safety, and welfare.
|
(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.) |
Section 5-70. The Private Colleges and Universities |
|
Capital Distribution Formula Act is amended by changing |
Section 25-15 as follows: |
(30 ILCS 769/25-15) |
Sec. 25-15. Transfer of funds to another independent |
college. |
(a) If an institution received a grant under this Article |
and subsequently fails to meet the definition of "independent |
college", the remaining funds shall be re-distributed as |
provided in Section 25-10 to those institutions that have an |
active grant under this Article , unless the campus or |
facilities for which the grant was given are subsequently |
operated by another institution that qualifies as an |
independent college under this Article. |
(b) If the facilities of a former independent college are |
operated by another entity that qualifies as an independent |
college as provided in subsection (a) of this Section, then |
the entire balance of the grant provided under this Article |
remaining on the date the former independent college ceased |
operations, including any amount that had been withheld after |
the former independent college ceased operations, shall be |
transferred to the successor independent college for the |
purpose of the grant operating those facilities for the |
duration of the grant. |
(c) In the event that, on or before July 16, 2014 ( the |
effective date of Public Act 98-715) this amendatory Act of |
|
the 98th General Assembly , the remaining funds have been |
re-allocated or re-distributed to other independent colleges, |
or the Illinois Board of Higher Education has planned for the |
remaining funds to be re-allocated or re-distributed to other |
independent colleges, before the 5-year period provided under |
this Act for the utilization of funds has ended, any funds so |
re-allocated or re-distributed shall be deducted from future |
allocations to those other independent colleges and |
re-allocated or re-distributed to the initial institution or |
the successor entity operating the facilities of the original |
institution if: (i) the institution that failed to meet the |
definition of "independent college" once again meets the |
definition of "independent college" before the 5-year period |
has expired; or (ii) the facility or facilities of the former |
independent college are operated by another entity that |
qualifies as an independent college before the 5-year period |
has expired.
|
(d) Notwithstanding subsection (a) of this Section, on or |
after the effective date of the changes made to this Section by |
this amendatory Act of the 103rd General Assembly, remaining |
funds returned to the State by an institution that failed to |
meet the definition of "independent college" and that received |
a grant from appropriations enacted prior to June 28, 2019, |
shall not be re-distributed. Any such funds shall instead be |
added to the funds made available in the first grant cycle |
under subsection (d) of Section 25-10 by the Board of Higher |
|
Education following the effective date of the changes made to |
this Section by this amendatory Act of the 103rd General |
Assembly and shall be distributed pursuant to the formula as |
provided in subsection (d) of Section 25-10. |
(Source: P.A. 101-10, eff. 6-5-19.) |
Section 5-75. The Illinois Income Tax Act is amended by |
changing Section 901 as follows:
|
(35 ILCS 5/901)
|
Sec. 901. Collection authority. |
(a) In general. The Department shall collect the taxes |
imposed by this Act. The Department
shall collect certified |
past due child support amounts under Section 2505-650
of the |
Department of Revenue Law of the
Civil Administrative Code of |
Illinois. Except as
provided in subsections (b), (c), (e), |
(f), (g), and (h) of this Section, money collected
pursuant to |
subsections (a) and (b) of Section 201 of this Act shall be
|
paid into the General Revenue Fund in the State treasury; |
money
collected pursuant to subsections (c) and (d) of Section |
201 of this Act
shall be paid into the Personal Property Tax |
Replacement Fund, a special
fund in the State Treasury; and |
money collected under Section 2505-650 of the
Department of |
Revenue Law of the
Civil Administrative Code of Illinois shall |
be paid
into the
Child Support Enforcement Trust Fund, a |
special fund outside the State
Treasury, or
to the State
|
|
Disbursement Unit established under Section 10-26 of the |
Illinois Public Aid
Code, as directed by the Department of |
Healthcare and Family Services. |
(b) Local Government Distributive Fund. Beginning August |
1, 2017 and continuing through July 31, 2022, the Treasurer |
shall transfer each month from the General Revenue Fund to the |
Local Government Distributive Fund an amount equal to the sum |
of: (i) 6.06% (10% of the ratio of the 3% individual income tax |
rate prior to 2011 to the 4.95% individual income tax rate |
after July 1, 2017) of the net revenue realized from the tax |
imposed by subsections (a) and (b) of Section 201 of this Act |
upon individuals, trusts, and estates during the preceding |
month; (ii) 6.85% (10% of the ratio of the 4.8% corporate |
income tax rate prior to 2011 to the 7% corporate income tax |
rate after July 1, 2017) of the net revenue realized from the |
tax imposed by subsections (a) and (b) of Section 201 of this |
Act upon corporations during the preceding month; and (iii) |
beginning February 1, 2022, 6.06% of the net revenue realized |
from the tax imposed by subsection (p) of Section 201 of this |
Act upon electing pass-through entities. Beginning August 1, |
2022 and continuing through July 31, 2023 , the Treasurer shall |
transfer each month from the General Revenue Fund to the Local |
Government Distributive Fund an amount equal to the sum of: |
(i) 6.16% of the net revenue realized from the tax imposed by |
subsections (a) and (b) of Section 201 of this Act upon |
individuals, trusts, and estates during the preceding month; |
|
(ii) 6.85% of the net revenue realized from the tax imposed by |
subsections (a) and (b) of Section 201 of this Act upon |
corporations during the preceding month; and (iii) 6.16% of |
the net revenue realized from the tax imposed by subsection |
(p) of Section 201 of this Act upon electing pass-through |
entities. Beginning August 1, 2023, the Treasurer shall |
transfer each month from the General Revenue Fund to the Local |
Government Distributive Fund an amount equal to the sum of: |
(i) 6.47% of the net revenue realized from the tax imposed by |
subsections (a) and (b) of Section 201 of this Act upon |
individuals, trusts, and estates during the preceding month; |
(ii) 6.85% of the net revenue realized from the tax imposed by |
subsections (a) and (b) of Section 201 of this Act upon |
corporations during the preceding month; and (iii) 6.47% of |
the net revenue realized from the tax imposed by subsection |
(p) of Section 201 of this Act upon electing pass-through |
entities. Net revenue realized for a month shall be defined as |
the
revenue from the tax imposed by subsections (a) and (b) of |
Section 201 of this
Act which is deposited into in the General |
Revenue Fund, the Education Assistance
Fund, the Income Tax |
Surcharge Local Government Distributive Fund, the Fund for the |
Advancement of Education, and the Commitment to Human Services |
Fund during the
month minus the amount paid out of the General |
Revenue Fund in State warrants
during that same month as |
refunds to taxpayers for overpayment of liability
under the |
tax imposed by subsections (a) and (b) of Section 201 of this |
|
Act. |
Notwithstanding any provision of law to the contrary, |
beginning on July 6, 2017 (the effective date of Public Act |
100-23), those amounts required under this subsection (b) to |
be transferred by the Treasurer into the Local Government |
Distributive Fund from the General Revenue Fund shall be |
directly deposited into the Local Government Distributive Fund |
as the revenue is realized from the tax imposed by subsections |
(a) and (b) of Section 201 of this Act. |
(c) Deposits Into Income Tax Refund Fund. |
(1) Beginning on January 1, 1989 and thereafter, the |
Department shall
deposit a percentage of the amounts |
collected pursuant to subsections (a)
and (b)(1), (2), and |
(3) of Section 201 of this Act into a fund in the State
|
treasury known as the Income Tax Refund Fund. Beginning |
with State fiscal year 1990 and for each fiscal year
|
thereafter, the percentage deposited into the Income Tax |
Refund Fund during a
fiscal year shall be the Annual |
Percentage. For fiscal year 2011, the Annual Percentage |
shall be 8.75%. For fiscal year 2012, the Annual |
Percentage shall be 8.75%. For fiscal year 2013, the |
Annual Percentage shall be 9.75%. For fiscal year 2014, |
the Annual Percentage shall be 9.5%. For fiscal year 2015, |
the Annual Percentage shall be 10%. For fiscal year 2018, |
the Annual Percentage shall be 9.8%. For fiscal year 2019, |
the Annual Percentage shall be 9.7%. For fiscal year 2020, |
|
the Annual Percentage shall be 9.5%. For fiscal year 2021, |
the Annual Percentage shall be 9%. For fiscal year 2022, |
the Annual Percentage shall be 9.25%. For fiscal year |
2023, the Annual Percentage shall be 9.25%. For fiscal |
year 2024, the Annual Percentage shall be 9.15%. For all |
other
fiscal years, the
Annual Percentage shall be |
calculated as a fraction, the numerator of which
shall be |
the amount of refunds approved for payment by the |
Department during
the preceding fiscal year as a result of |
overpayment of tax liability under
subsections (a) and |
(b)(1), (2), and (3) of Section 201 of this Act plus the
|
amount of such refunds remaining approved but unpaid at |
the end of the
preceding fiscal year, minus the amounts |
transferred into the Income Tax
Refund Fund from the |
Tobacco Settlement Recovery Fund, and
the denominator of |
which shall be the amounts which will be collected |
pursuant
to subsections (a) and (b)(1), (2), and (3) of |
Section 201 of this Act during
the preceding fiscal year; |
except that in State fiscal year 2002, the Annual
|
Percentage shall in no event exceed 7.6%. The Director of |
Revenue shall
certify the Annual Percentage to the |
Comptroller on the last business day of
the fiscal year |
immediately preceding the fiscal year for which it is to |
be
effective. |
(2) Beginning on January 1, 1989 and thereafter, the |
Department shall
deposit a percentage of the amounts |
|
collected pursuant to subsections (a)
and (b)(6), (7), and |
(8), (c) and (d) of Section 201
of this Act into a fund in |
the State treasury known as the Income Tax
Refund Fund. |
Beginning
with State fiscal year 1990 and for each fiscal |
year thereafter, the
percentage deposited into the Income |
Tax Refund Fund during a fiscal year
shall be the Annual |
Percentage. For fiscal year 2011, the Annual Percentage |
shall be 17.5%. For fiscal year 2012, the Annual |
Percentage shall be 17.5%. For fiscal year 2013, the |
Annual Percentage shall be 14%. For fiscal year 2014, the |
Annual Percentage shall be 13.4%. For fiscal year 2015, |
the Annual Percentage shall be 14%. For fiscal year 2018, |
the Annual Percentage shall be 17.5%. For fiscal year |
2019, the Annual Percentage shall be 15.5%. For fiscal |
year 2020, the Annual Percentage shall be 14.25%. For |
fiscal year 2021, the Annual Percentage shall be 14%. For |
fiscal year 2022, the Annual Percentage shall be 15%. For |
fiscal year 2023, the Annual Percentage shall be 14.5%. |
For fiscal year 2024, the Annual Percentage shall be 14%. |
For all other fiscal years, the Annual
Percentage shall be |
calculated
as a fraction, the numerator of which shall be |
the amount of refunds
approved for payment by the |
Department during the preceding fiscal year as
a result of |
overpayment of tax liability under subsections (a) and |
(b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
Act plus the
amount of such refunds remaining approved but |
|
unpaid at the end of the
preceding fiscal year, and the |
denominator of
which shall be the amounts which will be |
collected pursuant to subsections (a)
and (b)(6), (7), and |
(8), (c) and (d) of Section 201 of this Act during the
|
preceding fiscal year; except that in State fiscal year |
2002, the Annual
Percentage shall in no event exceed 23%. |
The Director of Revenue shall
certify the Annual |
Percentage to the Comptroller on the last business day of
|
the fiscal year immediately preceding the fiscal year for |
which it is to be
effective. |
(3) The Comptroller shall order transferred and the |
Treasurer shall
transfer from the Tobacco Settlement |
Recovery Fund to the Income Tax Refund
Fund (i) |
$35,000,000 in January, 2001, (ii) $35,000,000 in January, |
2002, and
(iii) $35,000,000 in January, 2003. |
(d) Expenditures from Income Tax Refund Fund. |
(1) Beginning January 1, 1989, money in the Income Tax |
Refund Fund
shall be expended exclusively for the purpose |
of paying refunds resulting
from overpayment of tax |
liability under Section 201 of this Act
and for
making |
transfers pursuant to this subsection (d), except that in |
State fiscal years 2022 and 2023, moneys in the Income Tax |
Refund Fund shall also be used to pay one-time rebate |
payments as provided under Sections 208.5 and 212.1. |
(2) The Director shall order payment of refunds |
resulting from
overpayment of tax liability under Section |
|
201 of this Act from the
Income Tax Refund Fund only to the |
extent that amounts collected pursuant
to Section 201 of |
this Act and transfers pursuant to this subsection (d)
and |
item (3) of subsection (c) have been deposited and |
retained in the
Fund. |
(3) As soon as possible after the end of each fiscal |
year, the Director
shall
order transferred and the State |
Treasurer and State Comptroller shall
transfer from the |
Income Tax Refund Fund to the Personal Property Tax
|
Replacement Fund an amount, certified by the Director to |
the Comptroller,
equal to the excess of the amount |
collected pursuant to subsections (c) and
(d) of Section |
201 of this Act deposited into the Income Tax Refund Fund
|
during the fiscal year over the amount of refunds |
resulting from
overpayment of tax liability under |
subsections (c) and (d) of Section 201
of this Act paid |
from the Income Tax Refund Fund during the fiscal year. |
(4) As soon as possible after the end of each fiscal |
year, the Director shall
order transferred and the State |
Treasurer and State Comptroller shall
transfer from the |
Personal Property Tax Replacement Fund to the Income Tax
|
Refund Fund an amount, certified by the Director to the |
Comptroller, equal
to the excess of the amount of refunds |
resulting from overpayment of tax
liability under |
subsections (c) and (d) of Section 201 of this Act paid
|
from the Income Tax Refund Fund during the fiscal year |
|
over the amount
collected pursuant to subsections (c) and |
(d) of Section 201 of this Act
deposited into the Income |
Tax Refund Fund during the fiscal year. |
(4.5) As soon as possible after the end of fiscal year |
1999 and of each
fiscal year
thereafter, the Director |
shall order transferred and the State Treasurer and
State |
Comptroller shall transfer from the Income Tax Refund Fund |
to the General
Revenue Fund any surplus remaining in the |
Income Tax Refund Fund as of the end
of such fiscal year; |
excluding for fiscal years 2000, 2001, and 2002
amounts |
attributable to transfers under item (3) of subsection (c) |
less refunds
resulting from the earned income tax credit, |
and excluding for fiscal year 2022 amounts attributable to |
transfers from the General Revenue Fund authorized by |
Public Act 102-700 this amendatory Act of the 102nd |
General Assembly . |
(5) This Act shall constitute an irrevocable and |
continuing
appropriation from the Income Tax Refund Fund |
for the purposes of (i) paying
refunds upon the order of |
the Director in accordance with the provisions of
this |
Section and (ii) paying one-time rebate payments under |
Sections 208.5 and 212.1. |
(e) Deposits into the Education Assistance Fund and the |
Income Tax
Surcharge Local Government Distributive Fund. On |
July 1, 1991, and thereafter, of the amounts collected |
pursuant to
subsections (a) and (b) of Section 201 of this Act, |
|
minus deposits into the
Income Tax Refund Fund, the Department |
shall deposit 7.3% into the
Education Assistance Fund in the |
State Treasury. Beginning July 1, 1991,
and continuing through |
January 31, 1993, of the amounts collected pursuant to
|
subsections (a) and (b) of Section 201 of the Illinois Income |
Tax Act, minus
deposits into the Income Tax Refund Fund, the |
Department shall deposit 3.0%
into the Income Tax Surcharge |
Local Government Distributive Fund in the State
Treasury. |
Beginning February 1, 1993 and continuing through June 30, |
1993, of
the amounts collected pursuant to subsections (a) and |
(b) of Section 201 of the
Illinois Income Tax Act, minus |
deposits into the Income Tax Refund Fund, the
Department shall |
deposit 4.4% into the Income Tax Surcharge Local Government
|
Distributive Fund in the State Treasury. Beginning July 1, |
1993, and
continuing through June 30, 1994, of the amounts |
collected under subsections
(a) and (b) of Section 201 of this |
Act, minus deposits into the Income Tax
Refund Fund, the |
Department shall deposit 1.475% into the Income Tax Surcharge
|
Local Government Distributive Fund in the State Treasury. |
(f) Deposits into the Fund for the Advancement of |
Education. Beginning February 1, 2015, the Department shall |
deposit the following portions of the revenue realized from |
the tax imposed upon individuals, trusts, and estates by |
subsections (a) and (b) of Section 201 of this Act, minus |
deposits into the Income Tax Refund Fund, into the Fund for the |
Advancement of Education: |
|
(1) beginning February 1, 2015, and prior to February |
1, 2025, 1/30; and |
(2) beginning February 1, 2025, 1/26. |
If the rate of tax imposed by subsection (a) and (b) of |
Section 201 is reduced pursuant to Section 201.5 of this Act, |
the Department shall not make the deposits required by this |
subsection (f) on or after the effective date of the |
reduction. |
(g) Deposits into the Commitment to Human Services Fund. |
Beginning February 1, 2015, the Department shall deposit the |
following portions of the revenue realized from the tax |
imposed upon individuals, trusts, and estates by subsections |
(a) and (b) of Section 201 of this Act, minus deposits into the |
Income Tax Refund Fund, into the Commitment to Human Services |
Fund: |
(1) beginning February 1, 2015, and prior to February |
1, 2025, 1/30; and |
(2) beginning February 1, 2025, 1/26. |
If the rate of tax imposed by subsection (a) and (b) of |
Section 201 is reduced pursuant to Section 201.5 of this Act, |
the Department shall not make the deposits required by this |
subsection (g) on or after the effective date of the |
reduction. |
(h) Deposits into the Tax Compliance and Administration |
Fund. Beginning on the first day of the first calendar month to |
occur on or after August 26, 2014 (the effective date of Public |
|
Act 98-1098), each month the Department shall pay into the Tax |
Compliance and Administration Fund, to be used, subject to |
appropriation, to fund additional auditors and compliance |
personnel at the Department, an amount equal to 1/12 of 5% of |
the cash receipts collected during the preceding fiscal year |
by the Audit Bureau of the Department from the tax imposed by |
subsections (a), (b), (c), and (d) of Section 201 of this Act, |
net of deposits into the Income Tax Refund Fund made from those |
cash receipts. |
(Source: P.A. 101-8, see Section 99 for effective date; |
101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff. |
6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, |
eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22; |
102-813, eff. 5-13-22; revised 8-2-22.)
|
Section 5-80. The Hotel Operators' Occupation Tax Act is |
amended by changing Section 6 as follows:
|
(35 ILCS 145/6) (from Ch. 120, par. 481b.36)
|
Sec. 6. Filing of returns and distribution of revenue |
proceeds . Except as provided hereinafter in this Section, on |
or before
the last day of each calendar month, every person |
engaged in the
business of renting, leasing or letting rooms |
in a hotel in this State
during the preceding calendar month |
shall file a return with the
Department, stating:
|
1. The name of the operator;
|
|
2. His residence address and the address of his |
principal place of
business and the address of the |
principal place of business (if that is
a different |
address) from which he engages in the business of renting,
|
leasing or letting rooms in a hotel in this State;
|
3. Total amount of rental receipts received by him |
during the
preceding calendar month from renting, leasing |
or letting rooms during
such preceding calendar month;
|
4. Total amount of rental receipts received by him |
during the
preceding calendar month from renting, leasing |
or letting rooms to
permanent residents during such |
preceding calendar month;
|
5. Total amount of other exclusions from gross rental |
receipts
allowed by this Act;
|
6. Gross rental receipts which were received by him |
during the
preceding calendar month and upon the basis of |
which the tax is imposed;
|
7. The amount of tax due;
|
8. Such other reasonable information as the Department |
may require.
|
If the operator's average monthly tax liability to the |
Department
does not exceed $200, the Department may authorize |
his returns to be
filed on a quarter annual basis, with the |
return for January, February
and March of a given year being |
due by April 30 of such year; with the
return for April, May |
and June of a given year being due by July 31 of
such year; |
|
with the return for July, August and September of a given
year |
being due by October 31 of such year, and with the return for
|
October, November and December of a given year being due by |
January 31
of the following year.
|
If the operator's average monthly tax liability to the |
Department
does not exceed $50, the Department may authorize |
his returns to be
filed on an annual basis, with the return for |
a given year being due by
January 31 of the following year.
|
Such quarter annual and annual returns, as to form and |
substance,
shall be subject to the same requirements as |
monthly returns.
|
Notwithstanding any other provision in this Act concerning |
the time
within which an operator may file his return, in the |
case of any
operator who ceases to engage in a kind of business |
which makes him
responsible for filing returns under this Act, |
such operator shall file
a final return under this Act with the |
Department not more than 1 month
after discontinuing such |
business.
|
Where the same person has more than 1 business registered |
with the
Department under separate registrations under this |
Act, such person
shall not file each return that is due as a |
single return covering all
such registered businesses, but |
shall file separate returns for each
such registered business.
|
In his return, the operator shall determine the value of |
any
consideration other than money received by him in |
connection with the
renting, leasing or letting of rooms in |
|
the course of his business and
he shall include such value in |
his return. Such determination shall be
subject to review and |
revision by the Department in the manner
hereinafter provided |
for the correction of returns.
|
Where the operator is a corporation, the return filed on |
behalf of
such corporation shall be signed by the president, |
vice-president,
secretary or treasurer or by the properly |
accredited agent of such
corporation.
|
The person filing the return herein provided for shall, at |
the time of
filing such return, pay to the Department the |
amount of tax herein imposed.
The operator filing the return |
under this Section shall, at the time of
filing such return, |
pay to the Department the amount of tax imposed by this
Act |
less a discount of 2.1% or $25 per calendar year, whichever is |
greater,
which is allowed to reimburse the operator for the |
expenses incurred in
keeping records, preparing and filing |
returns, remitting the tax and
supplying data to the |
Department on request.
|
If any payment provided for in this Section exceeds the |
operator's liabilities under this Act, as shown on an original |
return, the Department may authorize the operator to credit |
such excess payment against liability subsequently to be |
remitted to the Department under this Act, in accordance with |
reasonable rules adopted by the Department. If the Department |
subsequently determines that all or any part of the credit |
taken was not actually due to the operator, the operator's |
|
discount shall be reduced by an amount equal to the difference |
between the discount as applied to the credit taken and that |
actually due, and that operator shall be liable for penalties |
and interest on such difference. |
There shall be deposited into in the Build Illinois Fund |
in the State
Treasury for each State fiscal year 40% of the |
amount of total
net revenue proceeds from the tax imposed by |
subsection (a) of Section 3.
Of the remaining 60% : (i) , |
$5,000,000 shall be deposited into in the Illinois
Sports |
Facilities Fund and credited to the Subsidy Account each |
fiscal
year by making monthly deposits in the amount of 1/8 of |
$5,000,000 plus
cumulative deficiencies in such deposits for |
prior months, and (ii) an amount equal to the then applicable |
Advance Amount
additional $8,000,000 shall be deposited into |
in the Illinois Sports Facilities
Fund and credited to the |
Advance Account each fiscal year by making monthly
deposits in |
the amount of 1/8 of the then applicable Advance Amount |
$8,000,000 plus any cumulative deficiencies
in such deposits |
for prior months ; provided, that for fiscal years ending
after |
June 30, 2001, the amount to be so deposited into the Illinois
|
Sports Facilities Fund and credited to the Advance Account |
each fiscal year
shall be increased from $8,000,000 to the |
then applicable Advance Amount and
the required monthly |
deposits beginning with July 2001 shall be in the amount
of 1/8 |
of the then applicable Advance Amount plus any cumulative |
deficiencies
in those deposits for prior months . (The deposits |
|
of the additional $8,000,000
or the then applicable Advance |
Amount , as applicable,
during each fiscal year shall be |
treated as advances
of funds to the Illinois Sports Facilities |
Authority for its corporate
purposes to the extent paid to the |
Authority or its trustee and shall be
repaid into the General |
Revenue Fund in the State Treasury by the State
Treasurer on |
behalf of the Authority pursuant to Section 19 of the Illinois
|
Sports Facilities Authority Act, as amended. If in any fiscal |
year the full
amount of the then applicable Advance Amount
is |
not repaid into the General Revenue Fund, then the deficiency |
shall be paid
from the amount in the Local Government |
Distributive Fund that would otherwise
be allocated to the |
City of Chicago under the State Revenue Sharing Act.)
|
For purposes of the foregoing paragraph, the term "Advance |
Amount"
means, for fiscal year 2002, $22,179,000, and for |
subsequent fiscal years
through fiscal year 2033, 105.615% of |
the Advance Amount for the immediately
preceding fiscal year, |
rounded up to the nearest $1,000.
|
Of the remaining 60% of the amount of total net proceeds |
prior to August 1, 2011 from the tax
imposed by subsection (a) |
of Section 3 after all required deposits in the
Illinois |
Sports Facilities Fund, the amount equal to 8% of the net |
revenue
realized from this Act plus an amount equal to
8% of |
the net revenue realized from any tax imposed under Section |
4.05 of the
Chicago World's Fair-1992 Authority Act during the |
preceding month shall be
deposited in the Local Tourism Fund |
|
each month for purposes authorized by
Section 605-705 of the |
Department of Commerce and Economic Opportunity Law (20 ILCS |
605/605-705). Of the remaining 60% of the amount of total net |
revenue proceeds beginning on August 1, 2011 through June 30, |
2023, from the tax imposed by subsection (a) of Section 3 after |
all required deposits into in the Illinois Sports Facilities |
Fund, an amount equal to 8% of the net revenue realized from |
this Act plus an amount equal to 8% of the net revenue realized |
from any tax imposed under Section 4.05 of the Chicago World's |
Fair-1992 Authority Act during the preceding month shall be |
deposited as follows: 18% of such amount shall be deposited |
into the Chicago Travel Industry Promotion Fund for the |
purposes described in subsection (n) of Section 5 of the |
Metropolitan Pier and Exposition Authority Act and the |
remaining 82% of such amount shall be deposited into the Local |
Tourism Fund each month for purposes authorized by Section |
605-705 of the Department of Commerce and Economic Opportunity |
Law. Beginning on August 1, 1999 and ending on July 31, 2011, |
an amount equal to 4.5% of the net revenue
realized from the |
Hotel Operators' Occupation Tax Act during the preceding
month |
shall be deposited into the International Tourism Fund for the |
purposes
authorized in Section 605-707 of the Department of |
Commerce
and Economic Opportunity Law. Beginning on August 1, |
2011 and through June 30, 2023 , an amount equal to 4.5% of the |
net revenue realized from this Act during the preceding month |
shall be deposited as follows: 55% of such amount shall be |
|
deposited into the Chicago Travel Industry Promotion Fund for |
the purposes described in subsection (n) of Section 5 of the |
Metropolitan Pier and Exposition Authority Act and the |
remaining 45% of such amount deposited into the International |
Tourism Fund for the purposes authorized in Section 605-707 of |
the Department of Commerce and Economic Opportunity Law. "Net
|
revenue realized for a month " means the revenue collected by |
the State under this
that Act during the previous month less |
the amount paid out during that same
month as refunds to |
taxpayers for overpayment of liability under this that Act.
|
Beginning on July 1, 2023, of the remaining 60% of the |
amount of total net revenue realized from the tax imposed |
under subsection (a) of Section 3, after all required deposits |
into the Illinois Sports Facilities Fund: |
(1) an amount equal to 8% of the net revenue realized
|
under this Act for the preceding month shall be deposited |
as follows: 82% to the Local Tourism Fund and 18% to the |
Chicago Travel Industry Promotion Fund; and |
(2) an amount equal to 4.5% of the net revenue
|
realized under this Act for the preceding month shall be |
deposited as follows: 55% to the Chicago Travel Industry |
Promotion Fund and 45% to the International Tourism Fund. |
After making all these deposits, any remaining net revenue |
realized from all other proceeds of the tax imposed under
|
subsection (a) of Section 3 shall be deposited into in the |
Tourism Promotion Fund in
the State Treasury. All moneys |
|
received by the Department from the additional
tax imposed |
under subsection (b) of Section 3 shall be deposited into the |
Build
Illinois Fund in the State Treasury.
|
The Department may, upon separate written notice to a |
taxpayer, require
the taxpayer to prepare and file with the |
Department on a form prescribed
by the Department within not |
less than 60 days after receipt of the notice
an annual |
information return for the tax year specified in the notice.
|
Such annual return to the Department shall include a statement |
of gross
receipts as shown by the operator's last State income |
tax return. If the
total receipts of the business as reported |
in the State income tax return
do not agree with the gross |
receipts reported to the Department for the
same period, the |
operator shall attach to his annual information return a
|
schedule showing a reconciliation of the 2 amounts and the |
reasons for the
difference. The operator's annual information |
return to the Department
shall also disclose payroll pay roll |
information of the operator's business during
the year covered |
by such return and any additional reasonable information
which |
the Department deems would be helpful in determining the |
accuracy of
the monthly, quarterly or annual tax returns by |
such operator as
hereinbefore provided for in this Section.
|
If the annual information return required by this Section |
is not filed
when and as required the taxpayer shall be liable |
for a penalty in an
amount determined in accordance with |
Section 3-4 of the Uniform Penalty and
Interest Act until such |
|
return is filed as required, the penalty to be
assessed and |
collected in the same manner as any other penalty provided
for |
in this Act.
|
The chief executive officer, proprietor, owner or highest |
ranking manager
shall sign the annual return to certify the |
accuracy of the information
contained therein. Any person who |
willfully signs the annual return containing
false or |
inaccurate information shall be guilty of perjury and punished
|
accordingly. The annual return form prescribed by the |
Department shall
include a warning that the person signing the |
return may be liable for perjury.
|
The foregoing portion of this Section concerning the |
filing of an annual
information return shall not apply to an |
operator who is not required to
file an income tax return with |
the United States Government.
|
(Source: P.A. 102-16, eff. 6-17-21.)
|
Section 5-85. The Motor Fuel Tax Law is amended by |
changing Section 8 as follows:
|
(35 ILCS 505/8) (from Ch. 120, par. 424)
|
Sec. 8. Distribution of proceeds of tax. Except as |
provided in subsection (a-1) of this Section, Section 8a, |
subdivision
(h)(1) of Section 12a, Section 13a.6, and items
|
13, 14, 15, and 16 of Section 15, all money received by the |
Department under
this Act, including payments made to the |
|
Department by
member jurisdictions participating in the |
International Fuel Tax Agreement,
shall be deposited into in a |
special fund in the State treasury, to be known as the
" Motor |
Fuel Tax Fund " , and shall be used as follows:
|
(a) 2 1/2 cents per gallon of the tax collected on special |
fuel under
paragraph (b) of Section 2 and Section 13a of this |
Act shall be transferred
to the State Construction Account |
Fund in the State Treasury; the remainder of the tax collected |
on special fuel under
paragraph (b) of Section 2 and Section |
13a of this Act shall be deposited into the Road Fund;
|
(a-1) Beginning on July 1, 2019, an amount equal to the |
amount of tax collected under subsection (a) of Section 2 and |
Section 13a as a result of the increase in the tax rate under |
subsection (a) of Section 2 authorized by Public Act 101-32 |
shall be deposited transferred each month into the |
Transportation Renewal Fund; provided, however, that the |
amount that represents the part (b) portion of the rate under |
Section 13a shall be deposited each month into the Motor Fuel |
Tax Fund and the Transportation Renewal Fund in the same |
proportion as the amount collected under subsection (a) of |
Section 2; |
(b) $420,000 shall be transferred each month to the State |
Boating Act
Fund to be used by the Department of Natural |
Resources for the purposes
specified in Article X of the Boat |
Registration and Safety Act;
|
(c) $3,500,000 shall be transferred each month to the |
|
Grade Crossing
Protection Fund to be used as follows: not less |
than $12,000,000 each fiscal
year shall be used for the |
construction or reconstruction of rail highway grade
|
separation structures; $5,500,000 in fiscal year 2022 and each |
fiscal
year
thereafter shall be transferred to the |
Transportation
Regulatory Fund and shall be used to pay the |
cost of administration
of the Illinois Commerce Commission's |
railroad safety program in connection
with its duties under |
subsection (3) of Section 18c-7401 of the Illinois
Vehicle |
Code, with the remainder to be used by the Department of |
Transportation
upon order of the Illinois Commerce Commission, |
to pay that part of the
cost apportioned by such Commission to |
the State to cover the interest
of the public in the use of |
highways, roads, streets, or
pedestrian walkways in the
county |
highway system, township and district road system, or |
municipal
street system as defined in the Illinois Highway |
Code, as the same may
from time to time be amended, for |
separation of grades, for installation,
construction or |
reconstruction of crossing protection or reconstruction,
|
alteration, relocation including construction or improvement |
of any
existing highway necessary for access to property or |
improvement of any
grade crossing and grade crossing surface |
including the necessary highway approaches thereto of any
|
railroad across the highway or public road, or for the |
installation,
construction, reconstruction, or maintenance of |
safety treatments to deter trespassing or a pedestrian walkway |
|
over or
under a railroad right-of-way, as provided for in and |
in
accordance with Section 18c-7401 of the Illinois Vehicle |
Code.
The Commission may order up to $2,000,000 per year in |
Grade Crossing Protection Fund moneys for the improvement of |
grade crossing surfaces and up to $300,000 per year for the |
maintenance and renewal of 4-quadrant gate vehicle detection |
systems located at non-high speed rail grade crossings.
In |
entering orders for projects for which payments from the Grade |
Crossing
Protection Fund will be made, the Commission shall |
account for expenditures
authorized by the orders on a cash |
rather than an accrual basis. For purposes
of this requirement |
an "accrual basis" assumes that the total cost of the
project |
is expended in the fiscal year in which the order is entered, |
while a
"cash basis" allocates the cost of the project among |
fiscal years as
expenditures are actually made. To meet the |
requirements of this subsection,
the Illinois Commerce |
Commission shall develop annual and 5-year project plans
of |
rail crossing capital improvements that will be paid for with |
moneys from
the Grade Crossing Protection Fund. The annual |
project plan shall identify
projects for the succeeding fiscal |
year and the 5-year project plan shall
identify projects for |
the 5 directly succeeding fiscal years. The Commission
shall |
submit the annual and 5-year project plans for this Fund to the |
Governor,
the President of the Senate, the Senate Minority |
Leader, the Speaker of the
House of Representatives, and the |
Minority Leader of the House of
Representatives on
the first |
|
Wednesday in April of each year;
|
(d) of the amount remaining after allocations provided for |
in
subsections (a), (a-1), (b), and (c), a sufficient amount |
shall be reserved to
pay all of the following:
|
(1) the costs of the Department of Revenue in |
administering this
Act;
|
(2) the costs of the Department of Transportation in |
performing its
duties imposed by the Illinois Highway Code |
for supervising the use of motor
fuel tax funds |
apportioned to municipalities, counties and road |
districts;
|
(3) refunds provided for in Section 13, refunds for |
overpayment of decal fees paid under Section 13a.4 of this |
Act, and refunds provided for under the terms
of the |
International Fuel Tax Agreement referenced in Section |
14a;
|
(4) from October 1, 1985 until June 30, 1994, the |
administration of the
Vehicle Emissions Inspection Law, |
which amount shall be certified monthly by
the |
Environmental Protection Agency to the State Comptroller |
and shall promptly
be transferred by the State Comptroller |
and Treasurer from the Motor Fuel Tax
Fund to the Vehicle |
Inspection Fund, and for the period July 1, 1994 through
|
June 30, 2000, one-twelfth of $25,000,000 each month, for |
the period July 1, 2000 through June 30, 2003,
one-twelfth |
of
$30,000,000
each month,
and $15,000,000 on July 1, |
|
2003, and $15,000,000 on January 1, 2004, and $15,000,000
|
on
each
July
1 and October 1, or as soon thereafter as may |
be practical, during the period July 1, 2004 through June |
30, 2012,
and $30,000,000 on June 1, 2013, or as soon |
thereafter as may be practical, and $15,000,000 on July 1 |
and October 1, or as soon thereafter as may be practical, |
during the period of July 1, 2013 through June 30, 2015, |
for the administration of the Vehicle Emissions Inspection |
Law of
2005, to be transferred by the State Comptroller |
and Treasurer from the Motor
Fuel Tax Fund into the |
Vehicle Inspection Fund;
|
(4.5) beginning on July 1, 2019, the costs of the |
Environmental Protection Agency for the administration of |
the Vehicle Emissions Inspection Law of 2005 shall be |
paid, subject to appropriation, from the Motor Fuel Tax |
Fund into the Vehicle Inspection Fund; beginning in 2019, |
no later than December 31 of each year, or as soon |
thereafter as practical, the State Comptroller shall |
direct and the State Treasurer shall transfer from the |
Vehicle Inspection Fund to the Motor Fuel Tax Fund any |
balance remaining in the Vehicle Inspection Fund in excess |
of $2,000,000; |
(5) amounts ordered paid by the Court of Claims; and
|
(6) payment of motor fuel use taxes due to member |
jurisdictions under
the terms of the International Fuel |
Tax Agreement. The Department shall
certify these amounts |
|
to the Comptroller by the 15th day of each month; the
|
Comptroller shall cause orders to be drawn for such |
amounts, and the Treasurer
shall administer those amounts |
on or before the last day of each month;
|
(e) after allocations for the purposes set forth in |
subsections
(a), (a-1), (b), (c), and (d), the remaining |
amount shall be apportioned as follows:
|
(1) Until January 1, 2000, 58.4%, and beginning |
January 1, 2000, 45.6%
shall be deposited as follows:
|
(A) 37% into the State Construction Account Fund, |
and
|
(B) 63% into the Road Fund, $1,250,000 of which |
shall be reserved each
month for the Department of |
Transportation to be used in accordance with
the |
provisions of Sections 6-901 through 6-906 of the |
Illinois Highway Code;
|
(2) Until January 1, 2000, 41.6%, and beginning |
January 1, 2000, 54.4%
shall be transferred to the |
Department of Transportation to be
distributed as follows:
|
(A) 49.10% to the municipalities of the State,
|
(B) 16.74% to the counties of the State having |
1,000,000 or more inhabitants,
|
(C) 18.27% to the counties of the State having |
less than 1,000,000 inhabitants,
|
(D) 15.89% to the road districts of the State.
|
If a township is dissolved under Article 24 of the |
|
Township Code, McHenry County shall receive any moneys |
that would have been distributed to the township under |
this subparagraph, except that a municipality that assumes |
the powers and responsibilities of a road district under |
paragraph (6) of Section 24-35 of the Township Code shall |
receive any moneys that would have been distributed to the |
township in a percent equal to the area of the dissolved |
road district or portion of the dissolved road district |
over which the municipality assumed the powers and |
responsibilities compared to the total area of the |
dissolved township. The moneys received under this |
subparagraph shall be used in the geographic area of the |
dissolved township. If a township is reconstituted as |
provided under Section 24-45 of the Township Code, McHenry |
County or a municipality shall no longer be distributed |
moneys under this subparagraph. |
As soon as may be after the first day of each month, the |
Department of
Transportation shall allot to each municipality |
its share of the amount
apportioned to the several |
municipalities which shall be in proportion
to the population |
of such municipalities as determined by the last
preceding |
municipal census if conducted by the Federal Government or
|
Federal census. If territory is annexed to any municipality |
subsequent
to the time of the last preceding census the |
corporate authorities of
such municipality may cause a census |
to be taken of such annexed
territory and the population so |
|
ascertained for such territory shall be
added to the |
population of the municipality as determined by the last
|
preceding census for the purpose of determining the allotment |
for that
municipality. If the population of any municipality |
was not determined
by the last Federal census preceding any |
apportionment, the
apportionment to such municipality shall be |
in accordance with any
census taken by such municipality. Any |
municipal census used in
accordance with this Section shall be |
certified to the Department of
Transportation by the clerk of |
such municipality, and the accuracy
thereof shall be subject |
to approval of the Department which may make
such corrections |
as it ascertains to be necessary.
|
As soon as may be after the first day of each month, the |
Department of
Transportation shall allot to each county its |
share of the amount
apportioned to the several counties of the |
State as herein provided.
Each allotment to the several |
counties having less than 1,000,000
inhabitants shall be in |
proportion to the amount of motor vehicle
license fees |
received from the residents of such counties, respectively,
|
during the preceding calendar year. The Secretary of State |
shall, on or
before April 15 of each year, transmit to the |
Department of
Transportation a full and complete report |
showing the amount of motor
vehicle license fees received from |
the residents of each county,
respectively, during the |
preceding calendar year. The Department of
Transportation |
shall, each month, use for allotment purposes the last
such |
|
report received from the Secretary of State.
|
As soon as may be after the first day of each month, the |
Department
of Transportation shall allot to the several |
counties their share of the
amount apportioned for the use of |
road districts. The allotment shall
be apportioned among the |
several counties in the State in the proportion
which the |
total mileage of township or district roads in the respective
|
counties bears to the total mileage of all township and |
district roads
in the State. Funds allotted to the respective |
counties for the use of
road districts therein shall be |
allocated to the several road districts
in the county in the |
proportion which the total mileage of such township
or |
district roads in the respective road districts bears to the |
total
mileage of all such township or district roads in the |
county. After
July 1 of any year prior to 2011, no allocation |
shall be made for any road district
unless it levied a tax for |
road and bridge purposes in an amount which
will require the |
extension of such tax against the taxable property in
any such |
road district at a rate of not less than either .08% of the |
value
thereof, based upon the assessment for the year |
immediately prior to the year
in which such tax was levied and |
as equalized by the Department of Revenue
or, in DuPage |
County, an amount equal to or greater than $12,000 per mile of
|
road under the jurisdiction of the road district, whichever is |
less. Beginning July 1, 2011 and each July 1 thereafter, an |
allocation shall be made for any road district
if it levied a |
|
tax for road and bridge purposes. In counties other than |
DuPage County, if the amount of the tax levy requires the |
extension of the tax against the taxable property in
the road |
district at a rate that is less than 0.08% of the value
|
thereof, based upon the assessment for the year immediately |
prior to the year
in which the tax was levied and as equalized |
by the Department of Revenue, then the amount of the |
allocation for that road district shall be a percentage of the |
maximum allocation equal to the percentage obtained by |
dividing the rate extended by the district by 0.08%. In DuPage |
County, if the amount of the tax levy requires the extension of |
the tax against the taxable property in
the road district at a |
rate that is less than the lesser of (i) 0.08% of the value
of |
the taxable property in the road district, based upon the |
assessment for the year immediately prior to the year
in which |
such tax was levied and as equalized by the Department of |
Revenue,
or (ii) a rate that will yield an amount equal to |
$12,000 per mile of
road under the jurisdiction of the road |
district, then the amount of the allocation for the road |
district shall be a percentage of the maximum allocation equal |
to the percentage obtained by dividing the rate extended by |
the district by the lesser of (i) 0.08% or (ii) the rate that |
will yield an amount equal to $12,000 per mile of
road under |
the jurisdiction of the road district. |
Prior to 2011, if any
road district has levied a special |
tax for road purposes
pursuant to Sections 6-601, 6-602, and |
|
6-603 of the Illinois Highway Code, and
such tax was levied in |
an amount which would require extension at a
rate of not less |
than .08% of the value of the taxable property thereof,
as |
equalized or assessed by the Department of Revenue,
or, in |
DuPage County, an amount equal to or greater than $12,000 per |
mile of
road under the jurisdiction of the road district, |
whichever is less,
such levy shall, however, be deemed a |
proper compliance with this
Section and shall qualify such |
road district for an allotment under this
Section. Beginning |
in 2011 and thereafter, if any
road district has levied a |
special tax for road purposes
under Sections 6-601, 6-602, and |
6-603 of the Illinois Highway Code, and
the tax was levied in |
an amount that would require extension at a
rate of not less |
than 0.08% of the value of the taxable property of that road |
district,
as equalized or assessed by the Department of |
Revenue or, in DuPage County, an amount equal to or greater |
than $12,000 per mile of road under the jurisdiction of the |
road district, whichever is less, that levy shall be deemed a |
proper compliance with this
Section and shall qualify such |
road district for a full, rather than proportionate, allotment |
under this
Section. If the levy for the special tax is less |
than 0.08% of the value of the taxable property, or, in DuPage |
County if the levy for the special tax is less than the lesser |
of (i) 0.08% or (ii) $12,000 per mile of road under the |
jurisdiction of the road district, and if the levy for the |
special tax is more than any other levy for road and bridge |
|
purposes, then the levy for the special tax qualifies the road |
district for a proportionate, rather than full, allotment |
under this Section. If the levy for the special tax is equal to |
or less than any other levy for road and bridge purposes, then |
any allotment under this Section shall be determined by the |
other levy for road and bridge purposes. |
Prior to 2011, if a township has transferred to the road |
and bridge fund
money which, when added to the amount of any |
tax levy of the road
district would be the equivalent of a tax |
levy requiring extension at a
rate of at least .08%, or, in |
DuPage County, an amount equal to or greater
than $12,000 per |
mile of road under the jurisdiction of the road district,
|
whichever is less, such transfer, together with any such tax |
levy,
shall be deemed a proper compliance with this Section |
and shall qualify
the road district for an allotment under |
this Section.
|
In counties in which a property tax extension limitation |
is imposed
under the Property Tax Extension Limitation Law, |
road districts may retain
their entitlement to a motor fuel |
tax allotment or, beginning in 2011, their entitlement to a |
full allotment if, at the time the property
tax
extension |
limitation was imposed, the road district was levying a road |
and
bridge tax at a rate sufficient to entitle it to a motor |
fuel tax allotment
and continues to levy the maximum allowable |
amount after the imposition of the
property tax extension |
limitation. Any road district may in all circumstances
retain |
|
its entitlement to a motor fuel tax allotment or, beginning in |
2011, its entitlement to a full allotment if it levied a road |
and
bridge tax in an amount that will require the extension of |
the tax against the
taxable property in the road district at a |
rate of not less than 0.08% of the
assessed value of the |
property, based upon the assessment for the year
immediately |
preceding the year in which the tax was levied and as equalized |
by
the Department of Revenue or, in DuPage County, an amount |
equal to or greater
than $12,000 per mile of road under the |
jurisdiction of the road district,
whichever is less.
|
As used in this Section, the term "road district" means |
any road
district, including a county unit road district, |
provided for by the
Illinois Highway Code; and the term |
"township or district road"
means any road in the township and |
district road system as defined in the
Illinois Highway Code. |
For the purposes of this Section, "township or
district road" |
also includes such roads as are maintained by park
districts, |
forest preserve districts and conservation districts. The
|
Department of Transportation shall determine the mileage of |
all township
and district roads for the purposes of making |
allotments and allocations of
motor fuel tax funds for use in |
road districts.
|
Payment of motor fuel tax moneys to municipalities and |
counties shall
be made as soon as possible after the allotment |
is made. The treasurer
of the municipality or county may |
invest these funds until their use is
required and the |
|
interest earned by these investments shall be limited
to the |
same uses as the principal funds.
|
(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; |
101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff. |
8-20-21; 102-699, eff. 4-19-22.)
|
Section 5-87. The Illinois Pension Code is amended by |
changing Sections 1A-112, 2-121.1, and 16-132 and by adding |
Sections 2-105.3 and 2-105.4 as follows:
|
(40 ILCS 5/1A-112)
|
Sec. 1A-112. Fees.
|
(a) Every pension fund that is required to file an annual |
statement under
Section 1A-109 shall pay to the Department an |
annual compliance fee. In the
case of a pension fund under |
Article 3 or 4 of this Code, (i) prior to the conclusion of the |
transition period, the annual compliance
fee shall be 0.02% (2 |
basis points) of the total
assets of the pension
fund, as |
reported in the most current annual statement of the fund, but |
not
more than $8,000 and (ii) after the conclusion of the |
transition period, the annual compliance fee shall be $8,000 |
and shall be paid by the Consolidated Fund. In the case of all |
other pension funds and
retirement
systems, the annual |
compliance fee shall be $8,000. Effective July 1, 2023, each |
pension fund established under Article 3 or 4 of this Code |
shall pay an annual compliance fee of at least 0.02% but not |
|
more than 0.05% of the total assets of the pension fund, as |
reported in the most current annual statement of the fund, to |
the Department of Insurance unless the appropriate |
Consolidated Fund agrees to conduct an audit or examination of |
all pension funds as provided in Section 1A-104. The |
Department shall have the discretion to set the annual |
compliance fee to be paid by each pension fund to cover the |
cost of the compliance audits. The Department shall provide |
written notice to each Article 3 and Article 4 pension fund of |
the amount of the annual compliance fee due not less than 60 |
days prior to the fee payment deadline.
|
(b) The annual compliance fee shall be due on June 30 for |
the following
State fiscal year, except that the fee payable |
in 1997 for fiscal year 1998
shall be due no earlier than 30 |
days following the effective date of this
amendatory Act of |
1997.
|
(c) Any information obtained by the Division that is |
available to the public
under the Freedom of Information Act |
and is either compiled in published form
or maintained on a |
computer processible medium shall be furnished upon the
|
written request of any applicant and the payment of a |
reasonable information
services fee established by the |
Director, sufficient to cover the total cost to
the Division |
of compiling, processing, maintaining, and generating the
|
information. The information may be furnished by means of |
published copy or on
a computer processed or computer |
|
processible medium.
|
No fee may be charged to any person for information that |
the Division is
required by law to furnish to that person.
|
(d) Except as otherwise provided in this Section, all fees |
and penalties
collected by the Department under this Code |
shall be deposited into the Public
Pension Regulation Fund.
|
(e) Fees collected under subsection (c) of this Section |
and money collected
under Section 1A-107 shall be deposited |
into the Technology Management Revolving Fund and credited to |
the account of the Department's Public Pension
Division. This |
income shall be used exclusively for the
purposes set forth in |
Section 1A-107. Notwithstanding the provisions of
Section |
408.2 of the Illinois Insurance Code, no surplus funds |
remaining in
this account shall be deposited in the Insurance |
Financial Regulation Fund.
All money in this account that the |
Director certifies is not needed for the
purposes set forth in |
Section 1A-107 of this Code shall be transferred to the
Public |
Pension Regulation Fund.
|
(f) Nothing in this Code prohibits the General Assembly |
from appropriating
funds from the General Revenue Fund to the |
Department for the purpose of
administering or enforcing this |
Code.
|
(Source: P.A. 100-23, eff. 7-6-17; 101-610, eff. 1-1-20.)
|
(40 ILCS 5/2-105.3 new) |
Sec. 2-105.3. Tier 1 participant; Tier 2 participant. |
|
"Tier 1 participant": A participant who first became a |
participant before January 1, 2011. |
"Tier 2 participant": A participant who first became a |
participant on or after January 1, 2011. |
(40 ILCS 5/2-105.4 new) |
Sec. 2-105.4. Tier 1 retiree. "Tier 1 retiree" means a |
former Tier 1 participant who has made the election to retire |
and has terminated service.
|
(40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
|
Sec. 2-121.1. Survivor's annuity; amount annuity - amount .
|
(a) A surviving spouse shall be entitled to 66 2/3% of the |
amount of
retirement annuity to which the participant or |
annuitant was entitled on
the date of death, without regard to |
whether the participant had attained
age 55 prior to his or her |
death, subject to a minimum payment of 10% of
salary. If a |
surviving spouse, regardless of age, has in his or her care
at |
the date of death any eligible child or children of the |
participant, the
survivor's annuity shall be the greater of |
the following: (1) 66 2/3% of
the amount of retirement annuity |
to which the participant or annuitant was
entitled on the date |
of death, or (2) 30% of the participant's salary
increased by |
10% of salary on account of each such child, subject to a
total |
payment for the surviving spouse and children of 50% of |
salary. If
eligible children survive but there is no surviving |
|
spouse, or if the
surviving spouse dies or becomes |
disqualified by
remarriage while eligible children survive, |
each
eligible child shall be entitled to an annuity of 20% of |
salary, subject
to a maximum total payment for all such |
children of 50% of salary.
|
However, the survivor's annuity payable under this Section |
shall not be
less than 100% of the amount of retirement annuity |
to which the participant
or annuitant was entitled on the date |
of death, if he or she is survived by
a dependent disabled |
child.
|
The salary to be used for determining these benefits shall |
be the
salary used for determining the amount of retirement |
annuity as provided
in Section 2-119.01.
|
(b) Upon the death of a participant after the termination |
of service or
upon death of an annuitant, the maximum total |
payment to a surviving spouse
and eligible children, or to |
eligible children alone if there is no surviving
spouse, shall |
be 75% of the retirement annuity to which the participant
or |
annuitant was entitled, unless there is a dependent disabled |
child
among the survivors.
|
(c) When a child ceases to be an eligible child, the |
annuity to that
child, or to the surviving spouse on account of |
that child, shall thereupon
cease, and the annuity payable to |
the surviving spouse or other eligible
children shall be |
recalculated if necessary.
|
Upon the ineligibility of the last eligible child, the |
|
annuity shall
immediately revert to the amount payable upon |
death of a participant or
annuitant who leaves no eligible |
children. If the surviving spouse is then
under age 50, the |
annuity as revised shall be deferred until the attainment
of |
age 50.
|
(d) Beginning January 1, 1990, every survivor's annuity |
shall be increased
(1) on each January 1 occurring on or after |
the commencement of the annuity if
the deceased member died |
while receiving a retirement annuity, or (2) in
other cases, |
on each January 1 occurring on or after the first anniversary
|
of the commencement of the annuity, by an amount equal to 3% of |
the current
amount of the annuity, including any previous |
increases under this Article.
Such increases shall apply |
without regard to whether the deceased member
was in service |
on or after the effective date of this amendatory Act of
1991, |
but shall not accrue for any period prior to January 1, 1990.
|
(d-5) Notwithstanding any other provision of this Article, |
the initial survivor's annuity of a survivor of a participant |
who first becomes a participant on or after January 1, 2011 |
(the effective date of Public Act 96-889) shall be in the |
amount of 66 2/3% of the amount of the retirement annuity to |
which the participant or annuitant was entitled on the date of |
death and shall be increased (1) on each January 1 occurring on |
or after the commencement of the annuity if
the deceased |
member died while receiving a retirement annuity or (2) in
|
other cases, on each January 1 occurring on or after the first |
|
anniversary
of the commencement of the annuity, by an amount |
equal to 3% or the annual unadjusted percentage increase in |
the Consumer Price Index for All Urban Consumers as determined |
by the Public Pension Division of the Department of Insurance |
under subsection (a) of Section 2-108.1, whichever is less, of |
the survivor's annuity then being paid. |
The provisions of this subsection (d-5) shall not apply to |
a survivor's annuity of a survivor of a participant who died in |
service before January 1, 2023. |
(e) Notwithstanding any other provision of this Article, |
beginning
January 1, 1990, the minimum survivor's annuity |
payable to any person who
is entitled to receive a survivor's |
annuity under this Article shall be
$300 per month, without |
regard to whether or not the deceased participant
was in |
service on the effective date of this amendatory Act of 1989.
|
(f) In the case of a proportional survivor's annuity |
arising under
the Retirement Systems Reciprocal Act where the |
amount payable by the
System on January 1, 1993 is less than |
$300 per month, the amount payable
by the System shall be |
increased beginning on that date by a monthly amount
equal to |
$2 for each full year that has expired since the annuity began.
|
(g) Notwithstanding any other provision of this Code, the |
survivor's annuity payable to an eligible survivor of a Tier 2 |
participant who died in service prior to January 1, 2023 shall |
be calculated in accordance with the provisions applicable to |
the survivors of a deceased Tier 1 participant. |
|
Notwithstanding Section 1-103.1, the changes to this Section |
made by this amendatory Act of the 103rd General Assembly |
apply without regard to whether the participant was in active |
service before the effective date of the changes made to this |
Section by this amendatory Act of the 103rd General Assembly. |
(Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
|
(40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
|
Sec. 16-132. Retirement annuity eligibility. A member who |
has at least 20 years of creditable service is entitled to a
|
retirement annuity upon or after attainment of age 55.
A |
member who has at least 10 but less than 20 years of creditable |
service is
entitled to a retirement annuity upon or after |
attainment of age 60.
A member who has at least 5 but less than |
10 years of creditable service is
entitled to a retirement |
annuity upon or after attainment of age 62.
A member who (i) |
has earned during the period immediately preceding the last
|
day of service at least one year of contributing creditable |
service as an
employee of a department as defined in Section |
14-103.04, (ii) has earned at
least 5 years of contributing |
creditable service as an employee of a department
as defined |
in Section 14-103.04, and (iii) retires on or after January 1, |
2001
is entitled to a retirement annuity upon or after |
attainment of an age which,
when added to the number of years |
of his or her total creditable service,
equals at least 85. |
Portions of years shall be counted as decimal equivalents.
|
|
A member who is eligible to receive a retirement annuity |
of at least 74.6% of
final average salary and will attain age |
55 on or before December 31 during the
year which commences on |
July 1 shall be deemed to attain age 55 on the
preceding June |
1.
|
A member meeting the above eligibility conditions is |
entitled to a retirement
annuity upon written application to |
the board setting forth the date the member
wishes the |
retirement annuity to commence. However, the effective date of |
the
retirement annuity shall be no earlier than the day |
following the last day of
creditable service, regardless of |
the date of official termination of
employment; however, upon
|
written application within 6 months after the effective date
|
of the changes made to this Section by this amendatory Act of |
the 103rd General Assembly by a
member or annuitant, the |
creditable service and earnings
received in the last fiscal |
year of employment may be
disregarded when determining the |
retirement effective date and the retirement benefit except |
that the effective date of a retirement annuity may be after |
the date of official termination of employment as long as such |
employment is for (1) less than 10 days in length ; and (2) less |
than $2,500 $2,000 in creditable earnings; and (3) the last |
fiscal year of
employment includes only a fiscal year |
beginning on or after
July 1, 2016 and ending before June |
30,2023 compensation . The
retirement effective date may not, |
as a result of the
application of this amendatory Act of the |
|
103rd General
Assembly, be earlier than July 1, 2016.
|
To be eligible for a retirement annuity, a member shall |
not be employed
as a teacher in the schools included under this |
System or under Article 17,
except (i) as provided in Section |
16-118 or 16-150.1, (ii) if
the member is disabled (in which |
event, eligibility for salary must cease),
or (iii) if the |
System is required by federal law to commence
payment due to |
the member's age; the changes to this sentence made by this
|
amendatory Act of the 93rd General Assembly apply without
|
regard to whether the member terminated employment before or |
after its
effective date.
|
(Source: P.A. 102-871, eff. 5-13-22.)
|
(40 ILCS 5/2-105.1 rep.) |
(40 ILCS 5/2-105.2 rep.) |
Section 5-88. The Illinois Pension Code is amended by |
repealing Sections 2-105.1 and 2-105.2. |
Section 5-89. The Innovation Development and Economy Act |
is amended by changing Sections 20, 30, and 50 as follows: |
(50 ILCS 470/20)
|
Sec. 20. Approval of STAR bond projects. The governing |
body of a political subdivision may establish one or more STAR |
bond projects in any STAR bond district. A STAR bond project |
which is partially outside the boundaries of a municipality |
|
must also be approved by the governing body of the county by |
resolution. |
(a) After the establishment of a STAR bond district, the |
master developer may propose one or more STAR bond projects to |
a political subdivision and the master developer shall, in |
cooperation with the political subdivision, prepare a STAR |
bond project plan in consultation with the planning commission |
of the political subdivision, if any. The STAR bond project |
plan may be implemented in separate development stages.
|
(b) Any political subdivision considering a STAR bond |
project within a STAR bond district shall notify the |
Department, which shall cause to be prepared an independent |
feasibility study by a feasibility consultant with certified |
copies provided to the political subdivision, the Director, |
and the Department of Commerce and Economic Opportunity. The |
feasibility study shall include the following: |
(1) the estimated amount of pledged STAR revenues |
expected to be collected in each year through the maturity |
date of the proposed STAR bonds;
|
(2) a statement of how the jobs and taxes obtained |
from the STAR bond project will contribute significantly |
to the economic development of the State and region;
|
(3) visitation expectations;
|
(4) the unique quality of the project; |
(5) an economic impact study;
|
(6) a market study;
|
|
(7) integration and collaboration with other resources |
or businesses;
|
(8) the quality of service and experience provided, as |
measured against national consumer standards for the |
specific target market;
|
(9) project accountability, measured according to best |
industry practices;
|
(10) the expected return on State and local investment |
that the STAR bond project is anticipated to produce; and
|
(11) an anticipated principal and interest payment |
schedule on the STAR bonds.
|
The feasibility consultant, along with the independent |
economist and any other consultants commissioned to perform |
the studies and other analysis required by the feasibility |
study, shall be selected by the Director with the approval of |
the political subdivision. The consultants shall be retained |
by the
Director and the Department shall be reimbursed by the |
master
developer for the costs to retain the consultants. |
The failure to include all information enumerated in this |
subsection in the feasibility study for a STAR bond project |
shall not affect the validity of STAR bonds issued pursuant to |
this Act.
|
(c) If the political subdivision determines the STAR bond |
project is feasible, the STAR bond project plan shall include: |
(1) a summary of the feasibility study;
|
(2) a reference to the STAR bond district plan that |
|
identifies the STAR bond project area that is set forth in |
the STAR bond project plan that is being considered;
|
(3) a legal description and map of the STAR bond |
project area to be developed or redeveloped;
|
(4) a description of the buildings and facilities |
proposed to be constructed or improved in such STAR bond |
project area, including destination users and an |
entertainment user, as applicable; |
(5) a copy of letters of intent to locate within the |
STAR bond district signed by both the master developer and |
the appropriate corporate officer of at least one |
destination user for the first STAR bond project proposed |
within the district; and |
(6) any other information the governing body of the |
political subdivision deems reasonable and necessary to |
advise the public of the intent of the STAR bond project |
plan. |
(d) Before a political subdivision may hold a public
|
hearing to consider a STAR bond project plan, the political |
subdivision must apply to the Department for approval of the |
STAR
bond project plan. An application for approval of a STAR |
bond
project plan must not be approved unless all of the |
components of
the feasibility study set forth in items (1) |
through (11) of subsection
(b) have been completed and |
submitted to the Department for
review. In addition to |
reviewing all of the other elements of the
STAR bond project |
|
plan required under subsection (c), which must
be included in |
the application (which plan must include a letter or
letters |
of intent as required under subdivision (c)(5) in order to
|
receive Director approval), the Director must review the |
feasibility
study and consider all of the components of the |
feasibility study set
forth in items (1) through (11) of |
subsection (b) of Section 20,
including without limitation the |
economic impact study and the
financial benefit of the |
proposed STAR bond project to the local,
regional, and State |
economies, the proposed adverse impacts on
similar businesses |
and projects as well as municipalities within the
market area, |
and the net effect of the proposed STAR bond project
on the |
local, regional, and State economies. In addition to the
|
economic impact study, the political subdivision must also |
submit to
the Department, as part of its application, the |
financial and other
information that substantiates the basis |
for the conclusion of the
economic impact study, in the form |
and manner as required by the
Department, so that the |
Department can verify the results of the
study. In addition to |
any other criteria in this subsection, to approve
the STAR |
bond project plan, the Director must be satisfied that the
|
proposed destination user is in fact a true destination user |
and also
find that the STAR bond project plan is in accordance |
with the
purpose of this Act and the public interest. The |
Director shall either
approve or deny the STAR bond project |
plan based on the criteria in
this subsection. In granting its |
|
approval, the Department may require the political subdivision |
to execute a binding agreement or memorandum of understanding |
with the State. The terms of the agreement or memorandum may |
include, among other things, the political subdivision's |
repayment of the State sales tax increment distributed to it |
should any violation of the agreement or memorandum or this |
Act occur. |
(e) Upon a finding by the planning and zoning commission |
of the political subdivision that the STAR bond project plan |
is consistent with the intent of the comprehensive plan for |
the development of the political subdivision and upon issuance |
of written approval of the STAR bond project plan from the |
Director pursuant to subsection (d) of Section 20, the |
governing body of the political subdivision shall adopt a |
resolution stating that the political subdivision is |
considering the adoption of the STAR bond project plan. The |
resolution shall:
|
(1) give notice that a public hearing will be held to |
consider the adoption of the STAR bond project plan and |
fix the date, hour, and place of the public hearing;
|
(2) describe the general boundaries of the STAR bond |
district within which the STAR bond project will be |
located and the date of establishment of the STAR bond |
district;
|
(3) describe the general boundaries of the area |
proposed to be included within the STAR bond project area;
|
|
(4) provide that the STAR bond project plan and map of |
the area to be redeveloped or developed are available for |
inspection during regular office hours in the offices of |
the political subdivision; and
|
(5) contain a summary of the terms and conditions of |
any proposed project development agreement with the |
political subdivision.
|
(f) A public hearing shall be conducted to consider the |
adoption of any STAR bond project plan. |
(1) The date fixed for the public hearing to consider |
the adoption of the STAR bond project plan shall be not |
less than 20 nor more than 90 days following the date of |
the adoption of the resolution fixing the date of the |
hearing.
|
(2) A copy of the political subdivision's resolution |
providing for the public hearing shall be sent by |
certified mail, return receipt requested, to the governing |
body of the county. A copy of the political subdivision's |
resolution providing for the public hearing shall be sent |
by certified mail, return receipt requested, to each |
person or persons in whose name the general taxes for the |
last preceding year were paid on each parcel of land lying |
within the proposed STAR bond project area within 10 days |
following the date of the adoption of the resolution. The |
resolution shall be published once in a newspaper of |
general circulation in the political subdivision not less |
|
than one week nor more than 3 weeks preceding the date |
fixed for the public hearing. A map or aerial photo |
clearly delineating the area of land proposed to be |
included within the STAR bond project area shall be |
published with the resolution.
|
(3) The hearing shall be held at a location that is |
within 20 miles of the STAR bond district, in a facility |
that can accommodate a large crowd, and in a facility that |
is accessible to persons with disabilities. |
(4) At the public hearing, a representative of the |
political subdivision or master developer shall present |
the STAR bond project plan. Following the presentation of |
the STAR bond project plan, all interested persons shall |
be given an opportunity to be heard. The governing body |
may continue the date and time of the public hearing.
|
(g) Upon conclusion of the public hearing, the governing |
body of the political subdivision may adopt the STAR bond |
project plan by a resolution approving the STAR bond project |
plan.
|
(h) After the adoption by the corporate authorities of the |
political subdivision of a STAR bond project plan, the |
political subdivision may enter into a project development |
agreement if the master developer has requested the political |
subdivision to be a party to the project development agreement |
pursuant to subsection (b) of Section 25.
|
(i) Within 30 days after the adoption by the political |
|
subdivision of a STAR bond project plan, the clerk of the |
political subdivision shall transmit a copy of the legal |
description of the land and a list of all new and existing |
mailing addresses within the STAR bond district, a copy of the |
resolution adopting the STAR bond project plan, and a map or |
plat indicating the boundaries of the STAR bond project area |
to the clerk, treasurer, and governing body of the county and |
to the Department of Revenue. Within 30 days of creation of any |
new mailing addresses within a STAR bond district, the clerk |
of the political subdivision shall provide written notice of |
such new addresses to the Department of Revenue. |
If a certified copy of the resolution adopting the STAR |
bond project plan is filed with the Department on or before the |
first day of April, the Department, if all other requirements |
of this subsection are met, shall proceed to collect and |
allocate any local sales tax increment and any State sales tax |
increment in accordance with the provisions of this Act as of |
the first day of July next following the adoption and filing. |
If a certified copy of the resolution adopting the STAR bond |
project plan is filed with the Department after April 1 but on |
or before the first day of October, the Department, if all |
other requirements of this subsection are met, shall proceed |
to collect and allocate any local sales tax increment and any |
State sales tax increment in accordance with the provisions of |
this Act as of the first day of January next following the |
adoption and filing. |
|
Any substantial changes to a STAR bond project plan as |
adopted shall be subject to a public hearing following |
publication of notice thereof in a newspaper of general |
circulation in the political subdivision and approval by |
resolution of the governing body of the political subdivision. |
The Department of Revenue shall not collect or allocate |
any local sales tax increment or State sales tax increment |
until the political subdivision also provides, in the manner |
prescribed by the Department, the boundaries of the STAR bond |
project area and each address in the STAR bond project area in |
such a way that the Department can determine by its address |
whether a business is located in the STAR bond project area. |
The political subdivision must provide this boundary and |
address information to the Department on or before April 1 for |
administration and enforcement under this Act by the |
Department beginning on the following July 1 and on or before |
October 1 for administration and enforcement under this Act by |
the Department beginning on the following January 1. The |
Department of Revenue shall not administer or enforce any |
change made to the boundaries of a STAR bond project or any |
address change, addition, or deletion until the political |
subdivision reports the boundary change or address change, |
addition, or deletion to the Department in the manner |
prescribed by the Department. The political subdivision must |
provide this boundary change or address change, addition, or |
deletion information to the Department on or before April 1 |
|
for administration and enforcement by the Department of the |
change, addition, or deletion beginning on the following July |
1 and on or before October 1 for administration and |
enforcement by the Department of the change, addition, or |
deletion beginning on the following January 1. If a retailer |
is incorrectly included or excluded from the list of those |
located in the STAR bond project, the Department of Revenue |
shall be held harmless if it reasonably relied on information |
provided by the political subdivision. |
(j) Any STAR bond project must be approved by the |
political subdivision prior to that date which is 23 years |
from the date of the approval of the STAR bond district, |
provided however that any amendments to such STAR bond project |
may occur following such date.
|
(k) Any developer of a STAR bond project shall commence |
work on the STAR bond project within 3 years from the date of |
adoption of the STAR bond project plan. If the developer fails |
to commence work on the STAR bond project within the 3-year |
period, funding for the project shall cease and the developer |
of the project or complex shall have one year to appeal to the |
political subdivision for reapproval of the project and |
funding. If the project is reapproved, the 3-year period for |
commencement shall begin again on the date of the reapproval.
|
(l) After the adoption by the corporate authorities of the |
political subdivision of a STAR bond project plan and approval |
of the Director pursuant to subsection (d) of Section 20, the |
|
political subdivision may authorize the issuance of the STAR |
bonds in one or more series to finance the STAR bond project in |
accordance with the provisions of this Act. |
(m) The maximum maturity of STAR bonds issued to finance a |
STAR bond project shall not exceed 23 years from the first date |
of distribution of State sales tax revenues from such STAR |
bond project to the political subdivision unless the political |
subdivision extends such maturity by resolution up to a |
maximum of 35 years from such first distribution date. Any |
such extension shall require the approval of the Director. In |
no event shall the maximum maturity date for any STAR bonds |
exceed that date which is 35 years from the first distribution |
date of the first STAR bonds issued in a STAR bond district.
|
(Source: P.A. 96-939, eff. 6-24-10.) |
(50 ILCS 470/30)
|
Sec. 30. STAR bonds; source of payment. Any political |
subdivision shall have the power to issue STAR bonds in one or |
more series to finance the undertaking of any STAR bond |
project in accordance with the provisions of this Act and the |
Omnibus Bond Acts. STAR bonds may be issued as revenue bonds, |
alternate bonds, or general obligation bonds as defined in and |
subject to the procedures provided in the Local Government |
Debt Reform Act. |
(a) STAR bonds may be made payable, both as to principal |
and interest, from the following revenues, which to the extent |
|
pledged by each respective political subdivision or other |
public entity for such purpose shall constitute pledged STAR |
revenues:
|
(1) revenues of the political subdivision derived from |
or held in connection with the undertaking and carrying |
out of any STAR bond project or projects under this Act;
|
(2) available private funds and contributions, grants, |
tax credits, or other financial assistance from the State |
or federal government;
|
(3) STAR bond occupation taxes created pursuant to |
Section 31 and designated as pledged STAR revenues by the |
political subdivision; |
(4) all of the local sales tax increment of a |
municipality, county, or other unit of local government;
|
(5) any special service area taxes collected within |
the STAR bond district under the Special Service Area Tax |
Act, may be used for the purposes of funding project costs |
or paying debt service on STAR bonds in addition to the |
purposes contained in the special service area plan;
|
(6) all of the State sales tax increment; |
(7) any other revenues appropriated by the political |
subdivision; and |
(8) any combination of these methods.
|
(b) The political subdivision may pledge the pledged STAR |
revenues to the repayment of STAR bonds prior to, |
simultaneously with, or subsequent to the issuance of the STAR |
|
bonds.
|
(c) Bonds issued as revenue bonds shall not be general |
obligations of the political subdivision, nor in any event |
shall they give rise to a charge against its general credit or |
taxing powers, or be payable out of any funds or properties |
other than those set forth in subsection (a) and the bonds |
shall so state on their face.
|
(d) For each STAR bond project financed with STAR bonds |
payable from the pledged STAR revenues, the political |
subdivision shall prepare and submit to the Department of |
Revenue by June 1 of each year a report describing the status |
of the STAR bond project, any expenditures of the proceeds of |
STAR bonds that have occurred for the preceding calendar year, |
and any expenditures of the proceeds of the bonds expected to |
occur in the future, including the amount of pledged STAR |
revenue, the amount of revenue that has been spent, the |
projected amount of the revenue, and the anticipated use of |
the revenue.
Each annual report shall be accompanied by an |
affidavit of the master developer certifying the contents of |
the report as true to the best of the master developer's |
knowledge. The Department of Revenue shall have the right, but |
not the obligation, to request the Illinois Auditor General to |
review the annual report and the political subdivision's |
records containing the source information for the report for |
the purpose of verifying the report's contents. If the |
Illinois Auditor General declines the request for review, the |
|
Department of Revenue shall have the right to select an |
independent third-party auditor to conduct an audit of the |
annual report and the political subdivision's records |
containing the source information for the report. The |
reasonable cost of the audit shall be paid by the master |
developer. The master development agreement shall grant the |
Department of Revenue and the Illinois Auditor General the |
right to review the records of the political subdivision |
containing the source information for the report. |
(e) There is created in the State treasury a special fund |
to be known as the STAR Bonds Revenue Fund. As soon as possible |
after the first day of each month, beginning January 1, 2011, |
upon certification of the Department of Revenue, the |
Comptroller shall order transferred, and the Treasurer shall |
transfer, from the General Revenue Fund to the STAR Bonds |
Revenue Fund the State sales tax increment for the second |
preceding month, less 3% of that amount, which shall be |
transferred into the Tax Compliance and Administration Fund |
and shall be used by the Department, subject to appropriation, |
to cover the costs of the Department in administering the |
Innovation Development and Economy Act. As soon as possible |
after the first day of each month, beginning January 1, 2011, |
upon certification of the Department of Revenue, the |
Comptroller shall order transferred, and the Treasurer shall |
transfer, from the Local Government Tax Fund to the STAR Bonds |
Revenue Fund the local sales tax increment for the second |
|
preceding month, as provided in Section 6z-18 of the State |
Finance Act and from the County and Mass Transit District Fund |
to the STAR Bonds Revenue Fund the local sales tax increment |
for the second preceding month, as provided in Section 6z-20 |
of the State Finance Act. |
On or before the 25th day of each calendar month, |
beginning on January 1, 2011, the Department shall prepare and |
certify to the Comptroller the disbursement of stated sums of |
money out of the STAR Bonds Revenue Fund to named |
municipalities and counties, the municipalities and counties |
to be those entitled to distribution of taxes or penalties |
paid to the Department during the second preceding calendar |
month. The amount to be paid to each municipality or county |
shall be the amount of the State sales tax increment and the |
local sales tax increment (not including credit memoranda or |
the amount transferred into the Tax Compliance and |
Administration Fund) collected during the second preceding |
calendar month by the Department from retailers and servicemen |
on transactions at places of business located within a STAR |
bond district in that municipality or county, plus an amount |
the Department determines is necessary to offset any amounts |
which were erroneously paid to a different taxing body, and |
not including an amount equal to the amount of refunds made |
during the second preceding calendar month by the Department, |
and not including any amount which the Department determines |
is necessary to offset any amounts which are payable to a |
|
different taxing body but were erroneously paid to the |
municipality or county. Within 10 days after receipt, by the |
Comptroller, of the disbursement certification to the |
municipalities and counties, provided for in this Section to |
be given to the Comptroller by the Department, the Comptroller |
shall cause the orders to be drawn for the respective amounts |
in accordance with the directions contained in such |
certification. |
When certifying the amount of monthly disbursement to a |
municipality or county under this subsection, the Department |
shall increase or decrease that amount by an amount necessary |
to offset any misallocation of previous disbursements. The |
offset amount shall be the amount erroneously disbursed within |
the 6 months preceding the time a misallocation is discovered. |
The corporate authorities of the political subdivision |
shall deposit the proceeds for the STAR Bonds Revenue Fund |
into a special fund of the political subdivision called the |
"(Name of political subdivision) STAR Bond District Revenue |
Fund" for the purpose of paying or reimbursing STAR bond |
project costs and obligations incurred in the payment of those |
costs. |
If the political subdivision fails to issue STAR bonds |
within 180 days after the first distribution to the political |
subdivision from the STAR Bonds Revenue Fund, the Department |
of Revenue shall cease distribution of the State sales tax |
increment to the political subdivision, shall transfer any |
|
State sales tax increment in the STAR Bonds Revenue Fund to the |
General Revenue Fund, and shall cease deposits of State sales |
tax increment amounts into the STAR Bonds Revenue Fund. The |
political subdivision shall repay all of the State sales tax |
increment distributed to the political subdivision to date, |
which amounts shall be deposited into the General Revenue |
Fund. If not repaid within 90 days after notice from the State, |
the Department of Revenue shall withhold distributions to the |
political subdivision from the Local Government Tax Fund until |
the excess amount is repaid, which withheld amounts shall be |
transferred to the General Revenue Fund. At such time as the |
political subdivision notifies the Department of Revenue in |
writing that it has issued STAR Bonds in accordance with this |
Act and provides the Department with a copy of the political |
subdivision's official statement, bond purchase agreements, |
indenture, or other evidence of bond sale, the Department of |
Revenue shall resume deposits of the State sales tax increment |
into the STAR Bonds Revenue Fund and distribution of the State |
sales tax increment to the political subdivision in accordance |
with this Section. |
(f) As of the seventh anniversary of the first date of |
distribution of State sales tax revenues from the first STAR |
bond project in the STAR bond district, and as of every fifth |
anniversary thereafter until final maturity of all STAR bonds |
issued in a STAR bond district, the portion of the aggregate |
proceeds of STAR bonds issued to date that is derived from the |
|
State sales tax increment pledged to pay STAR bonds in any STAR |
bond district shall not exceed 50% of the total development |
costs in the STAR bond district to date. The Illinois Auditor |
General shall make the foregoing determination on said seventh |
anniversary and every 5 years thereafter until final maturity |
of all STAR bonds issued in a STAR bond district. If at any |
time after the seventh anniversary of the first date of |
distribution of State sales tax revenues from the first STAR |
bond project in the STAR bond district the Illinois Auditor |
General determines that the portion of the aggregate proceeds |
of STAR bonds issued to date that is derived from the State |
sales tax increment pledged to pay STAR bonds in any STAR bond |
district has exceeded 50% of the total development costs in |
the STAR bond district, no additional STAR bonds may be issued |
in the STAR bond district until the percentage is reduced to |
50% or below. When the percentage has been reduced to 50% or |
below, the master developer shall have the right, at its own |
cost, to obtain a new audit prepared by an independent |
third-party auditor verifying compliance and shall provide |
such audit to the Illinois Auditor General for review and |
approval. Upon the Illinois Auditor General's determination |
from the audit that the percentage has been reduced to 50% or |
below, STAR bonds may again be issued in the STAR bond |
district. |
(g) Notwithstanding the provisions of the Tax Increment |
Allocation Redevelopment Act, if any portion of property taxes |
|
attributable to the increase in equalized assessed value |
within a STAR bond district are, at the time of formation of |
the STAR bond district, already subject to tax increment |
financing under the Tax Increment Allocation Redevelopment |
Act, then the tax increment for such portion shall be frozen at |
the base year established in accordance with this Act, and all |
future incremental increases over the base year shall not be |
subject to tax increment financing under the Tax Increment |
Allocation Redevelopment Act. Any party otherwise entitled to |
receipt of incremental tax revenues through an existing tax |
increment financing district shall be entitled to continue to |
receive such revenues up to the amount frozen in the base year. |
Nothing in this Act shall affect the prior qualification of |
existing redevelopment project costs incurred that are |
eligible for reimbursement under the Tax Increment Allocation |
Redevelopment Act. In such event, prior to approving a STAR |
bond district, the political subdivision forming the STAR bond |
district shall take such action as is necessary, including |
amending the existing tax increment financing district |
redevelopment plan, to carry out the provisions of this Act.
|
(Source: P.A. 96-939, eff. 6-24-10.) |
(50 ILCS 470/50)
|
Sec. 50. Reporting taxes. Notwithstanding any other |
provisions of law to the contrary, the Department of Revenue |
shall provide a certified report of the State sales tax |
|
increment and local sales tax increment from all taxpayers |
within a STAR bond district to the bond trustee, escrow agent, |
or paying agent for such bonds upon the written request of the |
political subdivision on or before the 25th day of each month. |
Such report shall provide a detailed allocation of State sales |
tax increment and local sales tax increment from each local |
sales tax and State sales tax reported to the Department of |
Revenue. |
(a) The bond trustee, escrow agent, or paying agent shall |
keep such sales and use tax reports and the information |
contained therein confidential, but may use such information |
for purposes of allocating and depositing the sales and use |
tax revenues in connection with the bonds used to finance |
project costs in such STAR bond district. Except as otherwise |
provided herein, the sales and use tax reports received by the |
bond trustee, escrow agent, or paying agent shall be subject |
to the provisions of Chapter 35 of the Illinois Compiled |
Statutes, including Section 3 of the Retailers' Occupation Tax |
Act and Section 9 of the Use Tax Act. |
(b) The political subdivision shall determine when the |
amount of sales tax and other revenues that have been |
collected and distributed to the bond debt service or reserve |
fund is sufficient to satisfy all principal and interest costs |
to the maturity date or dates of any STAR bond issued by a |
political subdivision to finance a STAR bond project and shall |
give the Department of Revenue written notice of such |
|
determination. The notice shall include a date certain on |
which deposits into the STAR Bonds Revenue Fund for that STAR |
bond project shall terminate and shall be provided to the |
Department of Revenue at least 60 days prior to that date. |
Thereafter, all sales tax and other revenues shall be |
collected and distributed in accordance with applicable law.
|
If the political subdivision fails to give timely notice |
under this subsection (b), the Department of Revenue, upon |
discovery of this failure, shall cease distribution of the |
State sales tax increment to the political subdivision, shall |
transfer any State sales tax increment in the STAR Bonds |
Revenue Fund to the General Revenue Fund, and shall cease |
deposits of State sales tax increment amounts into the STAR |
Bonds Revenue Fund. Any amount of State sales tax increment |
distributed to the political subdivision from the STAR Bonds |
Revenue Fund in excess of the amount sufficient to satisfy all |
principal and interest costs to the maturity date or dates of |
any STAR bond issued by the political subdivision to finance a |
STAR bond project shall be repaid to the Department of Revenue |
and deposited into the General Revenue Fund. If not repaid |
within 90 days after notice from the State, the Department of |
Revenue shall withhold distributions to the political |
subdivision from the Local Government Tax Fund until the |
excess amount is repaid, which withheld amounts shall be |
transferred to the General Revenue Fund. |
(Source: P.A. 96-939, eff. 6-24-10.) |
|
Section 5-90. The Illinois Police Training Act is amended |
by changing Section 6 as follows:
|
(50 ILCS 705/6) (from Ch. 85, par. 506)
|
Sec. 6. Powers and duties of the Board; selection and |
certification of schools. The Board shall select
and certify |
schools within the State of
Illinois for the purpose of |
providing basic training for probationary law enforcement
|
officers, probationary county corrections officers, and
court |
security officers and
of providing advanced or in-service |
training for permanent law enforcement officers
or permanent
|
county corrections officers, which schools may be either |
publicly or
privately owned and operated. In addition, the |
Board has the following
power and duties:
|
a. To require law enforcement agencies to furnish such |
reports and
information as the Board deems necessary to |
fully implement this Act.
|
b. To establish appropriate mandatory minimum |
standards
relating to the training of probationary local |
law enforcement officers
or probationary county |
corrections officers, and in-service training of permanent |
law enforcement officers.
|
c. To provide appropriate certification to those |
probationary
officers who successfully complete the |
prescribed minimum standard basic
training course.
|
|
d. To review and approve annual training curriculum |
for county sheriffs.
|
e. To review and approve applicants to ensure that no |
applicant is admitted
to a certified academy unless the |
applicant is a person of good character
and has not been |
convicted of, found guilty of, entered a plea of guilty |
to, or entered a plea of nolo contendere to a felony |
offense, any of the
misdemeanors in Sections 11-1.50, |
11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, |
11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1,
17-1, 17-2, |
26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in |
violation of any Section of Part E of Title III of the |
Criminal Code of 1961 or the Criminal Code of 2012, or |
subsection (a) of Section 17-32 of the Criminal Code of |
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of |
the Cannabis Control Act, or a crime involving
moral
|
turpitude under the laws of this State or any other state |
which if
committed in this State would be punishable as a |
felony or a crime of
moral turpitude, or any felony or |
misdemeanor in violation of federal law or the law of any |
state that is the equivalent of any of the offenses |
specified therein. The Board may appoint investigators who |
shall enforce
the duties conferred upon the Board by this |
Act.
|
For purposes of this paragraph e, a person is |
considered to have been convicted of, found guilty of, or |
|
entered a plea of guilty to, plea of nolo contendere to |
regardless of whether the adjudication of guilt or |
sentence is withheld or not entered thereon. This includes |
sentences of supervision, conditional discharge, or first |
offender probation, or any similar disposition provided |
for by law. |
f. To establish statewide standards for minimum |
standards regarding regular mental health screenings for |
probationary and permanent police officers, ensuring that |
counseling sessions and screenings remain confidential. |
g. To review and ensure all law enforcement officers |
remain in compliance with this Act, and any administrative |
rules adopted under this Act. |
h. To suspend any certificate for a definite period, |
limit or restrict any certificate, or revoke any |
certificate. |
i. The Board and the Panel shall have power to secure |
by its subpoena and bring before it any person or entity in |
this State and to take testimony either orally or by |
deposition or both with the same fees and mileage and in |
the same manner as prescribed by law in judicial |
proceedings in civil cases in circuit courts of this |
State. The Board and the Panel shall also have the power to |
subpoena the production of documents, papers, files, |
books, documents, and records, whether in physical or |
electronic form, in support of the charges and for |
|
defense, and in connection with a hearing or |
investigation. |
j. The Executive Director, the administrative law |
judge designated by the Executive Director, and each |
member of the Board and the Panel shall have the power to |
administer oaths to witnesses at any hearing that the |
Board is authorized to conduct under this Act and any |
other oaths required or authorized to be administered by |
the Board under this Act. |
k. In case of the neglect or refusal of any person to |
obey a subpoena issued by the Board and the Panel, any |
circuit court, upon application of the Board and the |
Panel, through the Illinois Attorney General, may order |
such person to appear before the Board and the Panel give |
testimony or produce evidence, and any failure to obey |
such order is punishable by the court as a contempt |
thereof. This order may be served by personal delivery, by |
email, or by mail to the address of record or email address |
of record. |
l. The Board shall have the power to administer state |
certification examinations. Any and all records related to |
these examinations, including, but not limited to, test |
questions, test formats, digital files, answer responses, |
answer keys, and scoring information shall be exempt from |
disclosure. |
m. To make grants, subject to appropriation, to units
|
|
of local government and public institutions of higher |
education for the purposes of hiring and retaining law |
enforcement officers. |
n. To make grants, subject to appropriation, to local
|
law enforcement agencies for costs associated with the |
expansion and support of National Integrated Ballistic |
Information Network (NIBIN) and other ballistic technology |
equipment for ballistic testing. |
(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10, |
Section 10-143, eff. 7-1-21; 101-652, Article 25, Section |
25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff. |
1-7-22; 102-1115, eff. 1-9-23.) |
Section 5-92. The Metropolitan Pier and Exposition |
Authority Act is amended by changing Section 5 as follows: |
(70 ILCS 210/5) (from Ch. 85, par. 1225) |
Sec. 5. The Metropolitan Pier and Exposition Authority |
shall also have the
following rights and powers: |
(a) To accept from Chicago Park Fair, a corporation, |
an assignment of
whatever sums of money it may have |
received from the Fair and Exposition
Fund, allocated by |
the Department of Agriculture of the State of Illinois,
|
and Chicago Park Fair is hereby authorized to assign, set |
over and transfer
any of those funds to the Metropolitan |
Pier and Exposition Authority. The
Authority has the right |
|
and power hereafter to receive sums as may be
distributed |
to it by the Department of Agriculture of the State of |
Illinois
from the Fair and Exposition Fund pursuant to the |
provisions of Sections 5,
6i, and 28 of the State Finance |
Act. All sums received by the Authority
shall be held in |
the sole custody of the secretary-treasurer of the
|
Metropolitan Pier and Exposition Board. |
(b) To accept the assignment of, assume and execute |
any contracts
heretofore entered into by Chicago Park |
Fair. |
(c) To acquire, own, construct, equip, lease, operate |
and maintain
grounds, buildings and facilities to carry |
out its corporate purposes and
duties, and to carry out or |
otherwise provide for the recreational,
cultural, |
commercial or residential development of Navy Pier, and to |
fix
and collect just, reasonable and nondiscriminatory |
charges for the use
thereof. The charges so collected |
shall be made available to defray the
reasonable expenses |
of the Authority and to pay the principal of and the
|
interest upon any revenue bonds issued by the Authority. |
The Authority
shall be subject to and comply with the Lake |
Michigan and Chicago Lakefront
Protection Ordinance, the |
Chicago Building Code, the Chicago Zoning
Ordinance, and |
all ordinances and regulations of the City of Chicago
|
contained in the following Titles of the Municipal Code of |
Chicago:
Businesses, Occupations and Consumer Protection; |
|
Health and Safety; Fire
Prevention; Public Peace, Morals |
and Welfare; Utilities
and Environmental Protection; |
Streets, Public Ways, Parks, Airports and
Harbors; |
Electrical Equipment and Installation; Housing and |
Economic
Development (only Chapter 5-4 thereof); and |
Revenue and Finance (only so far
as such Title pertains to |
the Authority's duty to collect taxes on behalf
of the |
City of Chicago). |
(d) To enter into contracts treating in any manner |
with the objects and
purposes of this Act. |
(e) To lease any buildings to the Adjutant General of |
the State of
Illinois for the use of the Illinois National |
Guard or the Illinois
Naval Militia. |
(f) To exercise the right of eminent domain by |
condemnation proceedings
in the manner provided by the |
Eminent Domain Act,
including, with respect to Site B |
only, the authority to exercise quick
take condemnation by |
immediate vesting of title under Article 20 of the Eminent |
Domain Act, to acquire any privately
owned real or |
personal property and, with respect to Site B only, public
|
property used for rail transportation purposes (but no |
such taking of such
public property shall, in the |
reasonable judgment of the owner, interfere
with such rail |
transportation) for the lawful purposes of the Authority |
in
Site A, at Navy Pier, and at Site B. Just compensation |
for property taken
or acquired under this paragraph shall |
|
be paid in money or, notwithstanding
any other provision |
of this Act and with the agreement of the owner of the
|
property to be taken or acquired, the Authority may convey |
substitute
property or interests in property or enter into |
agreements with the
property owner, including leases, |
licenses, or concessions, with respect to
any property |
owned by the Authority, or may provide for other lawful |
forms
of just compensation to the owner. Any property |
acquired in condemnation
proceedings shall be used only as |
provided in this Act. Except as
otherwise provided by law, |
the City of Chicago shall have a right of first
refusal |
prior to any sale of any such property by the Authority to |
a third
party other than substitute property. The |
Authority shall develop and
implement a relocation plan |
for businesses displaced as a result of the
Authority's |
acquisition of property. The relocation plan shall be
|
substantially similar to provisions of the Uniform |
Relocation Assistance
and Real Property Acquisition Act |
and regulations promulgated under that
Act relating to |
assistance to displaced businesses. To implement the
|
relocation plan the Authority may acquire property by |
purchase or gift or
may exercise the powers authorized in |
this subsection (f), except the
immediate vesting of title |
under Article 20 of the Eminent Domain Act, to acquire |
substitute private property within one mile
of Site B for |
the benefit of displaced businesses located on property |
|
being
acquired by the Authority. However, no such |
substitute property may be
acquired by the Authority |
unless the mayor of the municipality in which the
property |
is located certifies in writing that the acquisition is |
consistent
with the municipality's land use and economic |
development policies and
goals. The acquisition of |
substitute property is declared to be for public
use. In |
exercising the powers authorized in this subsection (f), |
the
Authority shall use its best efforts to relocate |
businesses within the area
of McCormick Place or, failing |
that, within the City of Chicago. |
(g) To enter into contracts relating to construction |
projects which
provide for the delivery by the contractor |
of a completed project,
structure, improvement, or |
specific portion thereof, for a fixed maximum
price, which |
contract may provide that the delivery of the project,
|
structure, improvement, or specific portion thereof, for |
the fixed maximum
price is insured or guaranteed by a |
third party capable of completing
the construction. |
(h) To enter into agreements with any person with |
respect to the use
and occupancy of the grounds, |
buildings, and facilities of the Authority,
including |
concession, license, and lease agreements on terms and |
conditions as
the Authority determines. Notwithstanding |
Section 24, agreements with respect
to the use and |
occupancy of the grounds, buildings, and facilities of the
|
|
Authority for a term of more than one year shall be entered |
into in accordance
with the procurement process provided |
for in Section 25.1. |
(i) To enter into agreements with any person with |
respect to the
operation and management of the grounds, |
buildings, and facilities of the
Authority or the |
provision of goods and services on terms and
conditions as |
the Authority determines. |
(j) After conducting the procurement process provided |
for in Section 25.1,
to enter into one or more contracts to |
provide for the design and
construction of all or part of |
the Authority's Expansion Project grounds,
buildings, and |
facilities. Any contract for design and construction of |
the
Expansion Project shall be in the form authorized by |
subsection (g), shall
be for a fixed maximum price not in |
excess of the funds that are authorized
to be made |
available
for those purposes during the term of the |
contract, and shall be entered
into before commencement of |
construction. |
(k) To enter into agreements, including project |
agreements with labor
unions, that the Authority deems |
necessary to complete the Expansion Project
or any other |
construction or improvement project in the most timely
and |
efficient manner and without strikes, picketing, or other |
actions that
might cause disruption or delay and thereby |
add to the cost of the project. |
|
(l) To provide incentives to organizations and |
entities that agree to make use of the grounds, buildings, |
and facilities of the Authority for conventions, meetings, |
or trade shows. The incentives may take the form of |
discounts from regular fees charged by the Authority, |
subsidies for or assumption of the costs incurred with |
respect to the convention, meeting, or trade show, or |
other inducements. The Authority shall award incentives to |
attract or retain conventions, meetings, and trade shows |
under the terms set forth in this subsection (l) from |
amounts appropriated to the Authority from the |
Metropolitan Pier and Exposition Authority Incentive Fund |
for this purpose. |
No later than May 15 of each year, the Chief Executive |
Officer of the Metropolitan Pier and Exposition Authority |
shall certify to the State Comptroller and the State |
Treasurer the amounts of incentive grant funds used , |
including incentive grant funds used for future events |
under the provisions of this Section, during the current |
fiscal year to provide incentives for conventions, |
meetings, or trade shows that: |
(i) have been approved by the Authority, in |
consultation with an organization meeting the |
qualifications set out in Section 5.6 of this Act, |
provided the Authority has entered into a marketing |
agreement with such an organization, |
|
(ii)(A) for fiscal years prior to 2022 and after |
2024, demonstrate registered attendance (or projected |
attendance for future events) in excess of 5,000 |
individuals or in excess of 10,000 individuals, as |
appropriate; |
(B) for fiscal years 2022 through 2024, |
demonstrate registered attendance (or projected |
attendance for future events) in excess of 3,000 |
individuals or in excess of 5,000 individuals, as |
appropriate; or |
(C) for fiscal years 2022 and 2023, regardless of |
registered attendance, demonstrate incurrence of costs |
associated with mitigation of COVID-19, including, but |
not limited to, costs for testing and screening, |
contact tracing and notification, personal protective |
equipment, and other physical and organizational |
costs, and |
(iii) in the case of subparagraphs (A) and (B) of |
paragraph (ii), but for the incentive, would not have |
used (or, in the case of a future event, committed to |
use) the facilities of the Authority for the |
convention, meeting, or trade show. The State |
Comptroller may request that the Auditor General |
conduct an audit of the accuracy of the certification. |
If the State Comptroller determines by this process of |
certification that incentive funds, in whole or in |
|
part, were disbursed by the Authority by means other |
than in accordance with the standards of this |
subsection (l), then any amount transferred to the |
Metropolitan Pier and Exposition Authority Incentive |
Fund shall be reduced during the next subsequent |
transfer in direct proportion to that amount |
determined to be in violation of the terms set forth in |
this subsection (l). |
On July 15, 2012, the Comptroller shall order |
transferred, and the Treasurer shall transfer, into the |
Metropolitan Pier and Exposition Authority Incentive Fund |
from the General Revenue Fund the sum of $7,500,000 plus |
an amount equal to the incentive grant funds certified by |
the Chief Executive Officer as having been lawfully paid |
under the provisions of this Section in the previous 2 |
fiscal years that have not otherwise been transferred into |
the Metropolitan Pier and Exposition Authority Incentive |
Fund, provided that transfers in excess of $15,000,000 |
shall not be made in any fiscal year. |
On July 15, 2013, the Comptroller shall order |
transferred, and the Treasurer shall transfer, into the |
Metropolitan Pier and Exposition Authority Incentive Fund |
from the General Revenue Fund the sum of $7,500,000 plus |
an amount equal to the incentive grant funds certified by |
the Chief Executive Officer as having been lawfully paid |
under the provisions of this Section in the previous |
|
fiscal year that have not otherwise been transferred into |
the Metropolitan Pier and Exposition Authority Incentive |
Fund, provided that transfers in excess of $15,000,000 |
shall not be made in any fiscal year. |
On July 15, 2014, and every year thereafter, the |
Comptroller shall order transferred, and the Treasurer |
shall transfer, into the Metropolitan Pier and Exposition |
Authority Incentive Fund from the General Revenue Fund an |
amount equal to the incentive grant funds certified by the |
Chief Executive Officer as (i) having been lawfully paid |
under the provisions of this Section in the previous |
fiscal year or incurred by the Authority for a future |
event under the provisions of this Section and (ii) that |
have not otherwise having been been transferred into the |
Metropolitan Pier and Exposition Authority Incentive Fund, |
provided that (1) no transfers with respect to any |
previous fiscal year shall be made after the transfer has |
been made with respect to the 2017 fiscal year until the |
transfer that is made for the 2022 fiscal year and |
thereafter, and no transfers with respect to any previous |
fiscal year shall be made after the transfer has been made |
with respect to the 2026 fiscal year, and (2) transfers in |
excess of $15,000,000 shall not be made in any fiscal |
year. |
After a transfer has been made under this subsection |
(l), the Chief Executive Officer shall file a request for |
|
payment with the Comptroller evidencing that the incentive |
grants have been made and the Comptroller shall thereafter |
order paid, and the Treasurer shall pay, the requested |
amounts to the Metropolitan Pier and Exposition Authority. |
Excluding any amounts related to the payment of costs |
associated with the mitigation of COVID-19 in accordance |
with this subsection (l), in no case shall more than |
$5,000,000 be used in any one year by the Authority for |
incentives granted to conventions, meetings, or trade |
shows with a registered attendance (or projected |
attendance for future events) of (1) more than 5,000 and |
less than 10,000 prior to the 2022 fiscal year and after |
the 2024 fiscal year and (2) more than 3,000 and less than |
5,000 for fiscal years 2022 through 2024. Amounts in the |
Metropolitan Pier and Exposition Authority Incentive Fund |
shall only be used by the Authority for incentives paid to |
attract or retain conventions, meetings, and trade shows |
as provided in this subsection (l). |
"Future event" means a convention, meeting, or
trade show |
that executed an agreement during the fiscal year to use the |
facilities of the Authority after fiscal year 2026; provided |
that the agreement is entered into with the Authority or with |
an organization that meets the qualifications set out in |
Section 5.6 of this Act and that has entered into a marketing |
agreement with the Authority. |
(l-5) The Village of Rosemont shall provide incentives |
|
from amounts transferred into the Convention Center |
Support Fund to retain and attract conventions, meetings, |
or trade shows to the Donald E. Stephens Convention Center |
under the terms set forth in this subsection (l-5). |
No later than May 15 of each year, the Mayor of the |
Village of Rosemont or his or her designee shall certify |
to the State Comptroller and the State Treasurer the |
amounts of incentive grant funds used during the previous |
fiscal year to provide incentives for conventions, |
meetings, or trade shows that (1) have been approved by |
the Village, (2) demonstrate registered attendance in |
excess of 5,000 individuals, and (3) but for the |
incentive, would not have used the Donald E. Stephens |
Convention Center facilities for the convention, meeting, |
or trade show. The State Comptroller may request that the |
Auditor General conduct an audit of the accuracy of the |
certification. |
If the State Comptroller determines by this process of |
certification that incentive funds, in whole or in part, |
were disbursed by the Village by means other than in |
accordance with the standards of this subsection (l-5), |
then the amount transferred to the Convention Center |
Support Fund shall be reduced during the next subsequent |
transfer in direct proportion to that amount determined to |
be in violation of the terms set forth in this subsection |
(l-5). |
|
On July 15, 2012, and each year thereafter, the |
Comptroller shall order transferred, and the Treasurer |
shall transfer, into the Convention Center Support Fund |
from the General Revenue Fund the amount of $5,000,000 for |
(i) incentives to attract large conventions, meetings, and |
trade shows to the Donald E. Stephens Convention Center, |
and (ii) to be used by the Village of Rosemont for the |
repair, maintenance, and improvement of the Donald E. |
Stephens Convention Center and for debt service on debt |
instruments issued for those purposes by the village. No |
later than 30 days after the transfer, the Comptroller |
shall order paid, and the Treasurer shall pay, to the |
Village of Rosemont the amounts transferred. |
(m) To enter into contracts with any person conveying |
the naming rights or other intellectual property rights |
with respect to the grounds, buildings, and facilities of |
the Authority. |
(n) To enter into grant agreements with the Chicago |
Convention and Tourism Bureau providing for the marketing |
of the convention facilities to large and small |
conventions, meetings, and trade shows and the promotion |
of the travel industry in the City of Chicago, provided |
such agreements meet the requirements of Section 5.6 of |
this Act. Receipts of the Authority from the increase in |
the airport departure tax authorized in subsection (f) of |
Section 13 of this Act by Public Act 96-898 and, subject to |
|
appropriation to the Authority, funds deposited in the |
Chicago Travel Industry Promotion Fund pursuant to Section |
6 of the Hotel Operators' Occupation Tax Act shall be |
granted to the Bureau for such purposes. |
For Fiscal Year 2023 only, the Department of Commerce
|
and Economic Opportunity shall enter into the grant |
agreements described in this subsection in place of the |
Authority. The grant agreements entered into by the |
Department and the Bureau under this subsection are not |
subject to the matching funds requirements or the other |
terms and conditions of Section 605-705 of the Department |
of Commerce and Economic Opportunity Law of the Civil |
Administrative Code of Illinois. Subject to appropriation, |
funds transferred into the Chicago Travel Industry |
Promotion Fund pursuant to subsection (f) of Section |
6z-121 of the State Finance Act shall be granted to the |
Bureau for the purposes described in this subsection. The |
Department shall have authority to make expenditures from |
the Chicago Travel Industry Promotion Fund solely for the |
purpose of providing grants to the Bureau. |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) |
Section 5-95. The School Code is amended by adding |
Sections 2-3.196 and 2-3.197 and by changing Sections 2-3.186, |
10-22.36, 18-8.15, and 27-23.1 as follows: |
|
(105 ILCS 5/2-3.186) |
Sec. 2-3.186. Freedom Schools; grant program. |
(a) The General Assembly recognizes and values the |
contributions that Freedom Schools make to enhance the lives |
of Black students. The General Assembly makes all of the |
following findings: |
(1) The fundamental goal of the Freedom Schools of the |
1960s was to provide quality education for all students, |
to motivate active civic engagement, and to empower |
disenfranchised communities. The renowned and progressive |
curriculum of Freedom Schools allowed students of all ages |
to experience a new and liberating form of education that |
directly related to the imperatives of their lives, their |
communities, and the Freedom Movement. |
(2) Freedom Schools continue to demonstrate the proven |
benefits of critical civic engagement and |
intergenerational effects by providing historically |
disadvantaged students, including African American |
students and other students of color, with quality |
instruction that fosters student confidence, critical |
thinking, and social and emotional development. |
(3) Freedom Schools offer culturally relevant learning |
opportunities with the academic and social supports that |
Black children need by utilizing quality teaching, |
challenging and engaging curricula, wrap-around supports, |
a positive school climate, and strong ties to family and |
|
community. Freedom Schools have a clear focus on results. |
(4) Public schools serve a foundational role in the |
education of over 2,000,000 students in this State. |
(b) The State Board of Education shall establish a Freedom |
School network to supplement the learning taking place in |
public schools by awarding one or more grants as set forth in |
subsection (e) to create Freedom Schools creating a 6-week |
summer program with an organization with a mission to improve |
the odds for children in poverty by that operates Freedom |
Schools in multiple states using a research-based and |
multicultural curriculum for disenfranchised communities most |
affected by the opportunity gap and learning loss caused by |
the pandemic, and by expanding the teaching of African |
American history, developing leadership skills, and providing |
an understanding of the tenets of the civil rights movement. |
The teachers in Freedom Schools must be from the local |
community, with an emphasis on historically disadvantaged |
youth, including African American students and other students |
of color, so that (i) these individuals have access to summer |
jobs and teaching experiences that serve as a long-term |
pipeline to educational careers and the hiring of minority |
educators in public schools, (ii) these individuals are |
elevated as content experts and community leaders, and (iii) |
Freedom School students have access to both mentorship and |
equitable educational resources. |
(c) A Freedom School shall intentionally and imaginatively |
|
implement strategies that focus on all of the following: |
(1) Racial justice and equity. |
(2) Transparency and building trusting relationships. |
(3) Self-determination and governance. |
(4) Building on community strengths and community |
wisdom. |
(5) Utilizing current data, best practices, and |
evidence. |
(6) Shared leadership and collaboration. |
(7) A reflective learning culture. |
(8) A whole-child approach to education. |
(9) Literacy. |
(d) The State Board of Education, in the establishment of |
Freedom Schools, shall strive for authentic parent and |
community engagement during the development of Freedom Schools |
and their curriculum. Authentic parent and community |
engagement includes all of the following: |
(1) A shared responsibility that values equal |
partnerships between families and professionals. |
(2) Ensuring that students and families who are |
directly impacted by Freedom School policies and practices |
are the decision-makers in the creation, design, |
implementation, and assessment of those policies and |
practices. |
(3) Genuine respect for the culture and diversity of |
families. |
|
(4) Relationships that center around the goal of |
supporting family well-being and children's development |
and learning. |
(e) Subject to appropriation, the State Board of Education |
shall establish and implement a grant program to provide |
grants to public schools, public community colleges, and |
not-for-profit, community-based organizations to facilitate |
improved educational outcomes for historically disadvantaged |
students, including African American students and other |
students of color in grades pre-kindergarten through 12 in |
alignment with the integrity and practices of the Freedom |
School model established during the civil rights movement. |
Grant recipients under the program may include, but are not |
limited to, entities that work with the Children's Defense |
Fund or offer established programs with proven results and |
outcomes. The State Board of Education shall award grants to |
eligible entities that demonstrate a likelihood of reasonable |
success in achieving the goals identified in the grant |
application, including, but not limited to, all of the |
following: |
(1) Engaging, culturally relevant, and challenging |
curricula. |
(2) High-quality teaching. |
(3) Wrap-around supports and opportunities. |
(4) Positive discipline practices, such as restorative |
justice. |
|
(5) Inclusive leadership. |
(f) The Freedom Schools Fund is created as a special fund |
in the State treasury. The Fund shall consist of |
appropriations from the General Revenue Fund, grant funds from |
the
federal government, and donations from educational and |
private foundations. All money in the Fund shall be used, |
subject to appropriation, by the State Board of Education for |
the purposes of this Section and to support related |
activities. |
(g) The State Board of Education may adopt any rules |
necessary to implement this Section.
|
(Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21 |
(See Section 5 of P.A. 102-671 for effective date of P.A. |
102-209).) |
(105 ILCS 5/2-3.196 new) |
Sec. 2-3.196. Teacher Vacancy Grant Pilot Program. |
(a) Subject to appropriation, beginning in Fiscal Year |
2024, the State Board of Education shall administer a 3-year |
Teacher Vacancy Grant Pilot Program for the allocation of |
formula grant funds to school districts to support the |
reduction of unfilled teaching positions throughout the State. |
The State Board shall identify which districts are eligible to |
apply for a 3-year grant under this Section by reviewing the |
State Board's Fiscal Year 2023 annual unfilled teaching |
positions report to determine which districts designated as |
|
Tier 1, Tier 2, and Tier 3 under Section 18-8.15 have the |
greatest need for funds. Based on the National Center for |
Education Statistics locale classifications, 60% of eligible |
districts shall be rural districts and 40% of eligible |
districts shall be urban districts. Continued funding for the |
grant in Fiscal Year 2025 and Fiscal Year 2026 is subject to |
appropriation. The State Board shall post, on its website, |
information about the grant program and the list of identified |
districts that are eligible to apply for a grant under this |
subsection. |
(b) A school district that is determined to be eligible |
for a grant under subsection (a) and that chooses to |
participate in the program must submit an application to the |
State Board that describes the relevant context for the need |
for teacher vacancy support, suspected causes of teacher |
vacancies in the district, and the district's plan in |
utilizing grant funds to reduce unfilled teaching positions |
throughout the district. If an eligible school district |
chooses not to participate in the program, the State Board |
shall identify a potential replacement district by using the |
same methodology described in subsection (a). |
(c) Grant funds awarded under this Section may be used for |
financial incentives to support the recruitment and hiring of |
teachers, programs and incentives to strengthen teacher |
pipelines, or investments to sustain teachers and reduce |
attrition among teachers. Grant funds shall be used only for |
|
the purposes outlined in the district's application to the |
State Board to reduce unfilled teaching positions. Grant funds |
shall not be used for any purposes not approved by the State |
Board. |
(d) A school district that receives grant funds under this |
Section shall submit an annual report to the State Board that |
includes, but is not limited to, a summary of all grant-funded |
activities implemented to reduce unfilled teaching positions, |
progress towards reducing unfilled teaching positions, the |
number of unfilled teaching positions in the district in the |
preceding fiscal year, the number of new teachers hired during |
the program, the teacher attrition rate, the number of |
individuals participating in any programs designed to reduce |
attrition, the number of teachers retained using support of |
the grant funds, participation in any strategic pathway |
programs created under the program, and the number of and |
participation in any new pathways into teaching positions |
created under the program. |
(e) No later than March 1, 2027, the State Board shall |
submit a report to the Governor and the General Assembly on the |
efficacy of the pilot program that includes a summary of the |
information received under subsection (d) and an overview of |
its activities to support grantees. |
(105 ILCS 5/2-3.197 new) |
Sec. 2-3.197. Imagination Library of Illinois; grant |
|
program.
To promote the development of a comprehensive |
statewide initiative for encouraging preschool age children to |
develop a love of reading and learning, the State Board of |
Education is authorized to develop, fund, support, promote, |
and operate the Imagination Library of Illinois Program, which |
is hereby established. For purposes of this Section, "State |
program" means the Imagination Library of Illinois Program. |
(a) State program funds shall be used to provide, through |
Dolly Parton's Imagination Library, one age-appropriate book, |
per month, to each registered child from birth to age 5 in |
participating counties. Books shall be sent monthly to each |
registered child's home at no cost to families. Subject to an |
annual appropriation, the State Board of Education shall |
contribute the State's matching funds per the cost-sharing |
framework established by Dolly Parton's Imagination Library |
for the State program. The State program shall contribute the |
50% match of funds required of local programs participating in |
Dolly Parton's Imagination Library. Local program partners |
shall match the State program funds to provide the remaining |
50% match of funds required by Dolly Parton's Imagination |
Library. |
(1) The Imagination Library of Illinois Fund is hereby
|
created as a special fund in the State Treasury. The State |
Board of Education may accept gifts, grants, awards, |
donations, matching contributions, appropriations, |
interest income, public or private bequests, and cost |
|
sharings from any individuals, businesses, governments, or |
other third-party sources, and any federal funds. All |
moneys received under this Section shall be deposited into |
the Imagination Library of Illinois Fund. Any moneys that |
are unobligated or unexpended at the end of a fiscal year |
shall remain in the Imagination Library of Illinois Fund, |
shall not lapse into the General Revenue Fund, and shall |
be available to the Board for expenditure in the next |
fiscal year, subject to appropriation. Notwithstanding any |
other law to the contrary, this Fund is not subject to |
sweeps, administrative chargebacks, or any other fiscal or |
budgetary maneuver that in any way would transfer any |
amount from this Fund into any other fund of the State. |
(2) Moneys received under this Section are subject to
|
appropriation by the General Assembly and may only be |
expended for purposes consistent with the conditions under |
which the moneys were received, including, but not limited |
to, the following: |
(i) Moneys in the Fund shall be used to provide
|
age-appropriate books on a monthly basis, at home, to |
each child registered in the Imagination Library of |
Illinois Program, from birth through their fifth |
birthday, at no cost to families, through Dolly |
Parton's Imagination Library. |
(ii) Subject to availability, moneys in the Fund
|
shall be allocated to qualified local entities that |
|
provide a dollar-for-dollar match for the program. As |
used in this Section, "qualified local entity" means |
any existing or new local Dolly Parton's Imagination |
Library affiliate. |
(iii) Moneys in the Fund may be used by the
State |
Board of Education to pay for administrative expenses |
of the State program, including associated operating |
expenses of the State Board of Education or any |
nonprofit entity that coordinates the State program |
pursuant to subsection (b). |
(b) The State Board of Education shall coordinate with a |
nonprofit entity qualified under Section 501(c)(3) of the |
Internal Revenue Code to operate the State program. That |
organization must be organized solely to promote and encourage |
reading by the children of the State, for the purpose of |
implementing this Section. |
(c) The State Board of Education shall provide oversight |
of the nonprofit entity that operates the State program |
pursuant to subsection (b) to ensure the nonprofit entity does |
all of the following: |
(1) Promotes the statewide development of local Dolly
|
Parton's Imagination Library programs. |
(2) Advances and strengthens local Dolly Parton's
|
Imagination Library programs with the goal of increasing |
enrollment. |
(3) Develops community engagement. |
|
(4) Develops, promotes, and coordinates a public
|
awareness campaign to make donors aware of the opportunity |
to donate to the affiliate programs and make the public |
aware of the opportunity to register eligible children to |
receive books through the program. |
(5) Administers the local match requirement and
|
coordinates the collection and remittance of local program |
costs for books and mailing. |
(6) Develops statewide marketing and communication
|
plans. |
(7) Solicits donations, gifts, and other funding from
|
statewide partners to financially support local Dolly |
Parton's Imagination Library programs. |
(8) Identifies and applies for available grant awards. |
(d) The State Board of Education shall make publicly |
available on an annual basis information regarding the number |
of local programs that exist, where the local programs are |
located, the number of children that are enrolled in the |
program, the number of books that have been provided, and |
those entities or organizations that serve as local partners. |
(e) The State Board of Education may adopt rules as may be |
needed for the administration of the Imagination Library of |
Illinois Program.
|
(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
|
Sec. 10-22.36. Buildings for school purposes. |
|
(a) To build or purchase a building for school classroom |
or
instructional purposes upon the approval of a majority of |
the voters upon the
proposition at a referendum held for such |
purpose or in accordance with
Section 17-2.11, 19-3.5, or |
19-3.10. The board may initiate such referendum by resolution.
|
The board shall certify the resolution and proposition to the |
proper
election authority for submission in accordance with |
the general election law.
|
The questions of building one or more new buildings for |
school
purposes or office facilities, and issuing bonds for |
the purpose of
borrowing money to purchase one or more |
buildings or sites for such
buildings or office sites, to |
build one or more new buildings for school
purposes or office |
facilities or to make additions and improvements to
existing |
school buildings, may be combined into one or more |
propositions
on the ballot.
|
Before erecting, or purchasing or remodeling such a |
building the
board shall submit the plans and specifications |
respecting heating,
ventilating, lighting, seating, water |
supply, toilets and safety against
fire to the regional |
superintendent of schools having supervision and
control over |
the district, for approval in accordance with Section 2-3.12.
|
Notwithstanding any of the foregoing, no referendum shall |
be required
if the purchase, construction, or building of any
|
such
building (1) occurs while the building is being
leased by |
the school district or (2) is paid with (A) funds
derived from |
|
the sale or disposition of other buildings, land, or
|
structures of the school district or (B) funds received (i) as |
a
grant under the
School Construction Law or (ii) as gifts or |
donations,
provided that no funds to purchase, construct, or |
build such building, other than lease
payments, are
derived |
from the district's bonded indebtedness or the tax levy of
the
|
district. |
Notwithstanding any of the foregoing, no referendum shall |
be required if the purchase, construction, or building of any |
such building is paid with funds received from the County |
School Facility and Resources Occupation Tax Law under Section |
5-1006.7 of the Counties Code or from the proceeds of bonds or |
other debt obligations secured by revenues obtained from that |
Law. |
Notwithstanding any of the foregoing, for Decatur School |
District Number 61, no referendum shall be required if at |
least 50% of the cost of the purchase, construction, or |
building of any such building is paid, or will be paid, with |
funds received or expected to be received as part of, or |
otherwise derived from, any COVID-19 pandemic relief program |
or funding source, including, but not limited to, Elementary |
and Secondary School Emergency Relief Fund grant proceeds. |
(b) Notwithstanding the provisions of subsection (a), for |
any school district: (i) that is a tier 1 school, (ii) that has |
a population of less than 50,000 inhabitants, (iii) whose |
student population is between 5,800 and 6,300, (iv) in which |
|
57% to 62% of students are low-income, and (v) whose average |
district spending is between $10,000 to $12,000 per pupil, |
until July 1, 2025, no referendum shall be required if at least |
50% of the cost of the purchase, construction, or building of |
any such building is paid, or will be paid, with funds received |
or expected to be received as part of, or otherwise derived |
from, the federal Consolidated Appropriations Act and the |
federal American Rescue Plan Act of 2021. |
For this subsection (b), the school board must hold at |
least 2 public hearings, the sole purpose of which shall be to |
discuss the decision to construct a school building and to |
receive input from the community. The notice of each public |
hearing that sets forth the time, date, place, and name or |
description of the school building that the school board is |
considering constructing must be provided at least 10 days |
prior to the hearing by publication on the school board's |
Internet website.
|
(c) Notwithstanding the provisions of subsection (a) and |
(b), for Cahokia Community Unit School District 187, no |
referendum shall be required for the lease of any building for |
school or educational purposes if the cost is paid or will be |
paid with funds available at the time of the lease in the |
district's existing fund balances to fund the lease of a |
building during the 2023-2024 or 2024-2025 school year. |
For the purposes of this subsection (c), the school board |
must hold at least 2 public hearings, the sole purpose of which |
|
shall be to discuss the decision to lease a school building and |
to receive input from the community. The notice of each public |
hearing that sets forth the time, date, place, and name or |
description of the school building that the school board is |
considering leasing must be provided at least 10 days prior to |
the hearing by publication on the school district's website. |
(Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21; |
102-699, eff. 7-1-22.)
|
(105 ILCS 5/18-8.15) |
Sec. 18-8.15. Evidence-Based Funding for student success |
for the 2017-2018 and subsequent school years. |
(a) General provisions. |
(1) The purpose of this Section is to ensure that, by |
June 30, 2027 and beyond, this State has a kindergarten |
through grade 12 public education system with the capacity |
to ensure the educational development of all persons to |
the limits of their capacities in accordance with Section |
1 of Article X of the Constitution of the State of |
Illinois. To accomplish that objective, this Section |
creates a method of funding public education that is |
evidence-based; is sufficient to ensure every student |
receives a meaningful opportunity to learn irrespective of |
race, ethnicity, sexual orientation, gender, or |
community-income level; and is sustainable and |
predictable. When fully funded under this Section, every |
|
school shall have the resources, based on what the |
evidence indicates is needed, to: |
(A) provide all students with a high quality |
education that offers the academic, enrichment, social |
and emotional support, technical, and career-focused |
programs that will allow them to become competitive |
workers, responsible parents, productive citizens of |
this State, and active members of our national |
democracy; |
(B) ensure all students receive the education they |
need to graduate from high school with the skills |
required to pursue post-secondary education and |
training for a rewarding career; |
(C) reduce, with a goal of eliminating, the |
achievement gap between at-risk and non-at-risk |
students by raising the performance of at-risk |
students and not by reducing standards; and |
(D) ensure this State satisfies its obligation to |
assume the primary responsibility to fund public |
education and simultaneously relieve the |
disproportionate burden placed on local property taxes |
to fund schools. |
(2) The Evidence-Based Funding formula under this |
Section shall be applied to all Organizational Units in |
this State. The Evidence-Based Funding formula outlined in |
this Act is based on the formula outlined in Senate Bill 1 |
|
of the 100th General Assembly, as passed by both |
legislative chambers. As further defined and described in |
this Section, there are 4 major components of the |
Evidence-Based Funding model: |
(A) First, the model calculates a unique Adequacy |
Target for each Organizational Unit in this State that |
considers the costs to implement research-based |
activities, the unit's student demographics, and |
regional wage differences. |
(B) Second, the model calculates each |
Organizational Unit's Local Capacity, or the amount |
each Organizational Unit is assumed to contribute |
toward its Adequacy Target from local resources. |
(C) Third, the model calculates how much funding |
the State currently contributes to the Organizational |
Unit and adds that to the unit's Local Capacity to |
determine the unit's overall current adequacy of |
funding. |
(D) Finally, the model's distribution method |
allocates new State funding to those Organizational |
Units that are least well-funded, considering both |
Local Capacity and State funding, in relation to their |
Adequacy Target. |
(3) An Organizational Unit receiving any funding under |
this Section may apply those funds to any fund so received |
for which that Organizational Unit is authorized to make |
|
expenditures by law. |
(4) As used in this Section, the following terms shall |
have the meanings ascribed in this paragraph (4): |
"Adequacy Target" is defined in paragraph (1) of |
subsection (b) of this Section. |
"Adjusted EAV" is defined in paragraph (4) of |
subsection (d) of this Section. |
"Adjusted Local Capacity Target" is defined in |
paragraph (3) of subsection (c) of this Section. |
"Adjusted Operating Tax Rate" means a tax rate for all |
Organizational Units, for which the State Superintendent |
shall calculate and subtract for the Operating Tax Rate a |
transportation rate based on total expenses for |
transportation services under this Code, as reported on |
the most recent Annual Financial Report in Pupil |
Transportation Services, function 2550 in both the |
Education and Transportation funds and functions 4110 and |
4120 in the Transportation fund, less any corresponding |
fiscal year State of Illinois scheduled payments excluding |
net adjustments for prior years for regular, vocational, |
or special education transportation reimbursement pursuant |
to Section 29-5 or subsection (b) of Section 14-13.01 of |
this Code divided by the Adjusted EAV. If an |
Organizational Unit's corresponding fiscal year State of |
Illinois scheduled payments excluding net adjustments for |
prior years for regular, vocational, or special education |
|
transportation reimbursement pursuant to Section 29-5 or |
subsection (b) of Section 14-13.01 of this Code exceed the |
total transportation expenses, as defined in this |
paragraph, no transportation rate shall be subtracted from |
the Operating Tax Rate. |
"Allocation Rate" is defined in paragraph (3) of |
subsection (g) of this Section. |
"Alternative School" means a public school that is |
created and operated by a regional superintendent of |
schools and approved by the State Board. |
"Applicable Tax Rate" is defined in paragraph (1) of |
subsection (d) of this Section. |
"Assessment" means any of those benchmark, progress |
monitoring, formative, diagnostic, and other assessments, |
in addition to the State accountability assessment, that |
assist teachers' needs in understanding the skills and |
meeting the needs of the students they serve. |
"Assistant principal" means a school administrator |
duly endorsed to be employed as an assistant principal in |
this State. |
"At-risk student" means a student who is at risk of |
not meeting the Illinois Learning Standards or not |
graduating from elementary or high school and who |
demonstrates a need for vocational support or social |
services beyond that provided by the regular school |
program. All students included in an Organizational Unit's |
|
Low-Income Count, as well as all English learner and |
disabled students attending the Organizational Unit, shall |
be considered at-risk students under this Section. |
"Average Student Enrollment" or "ASE" for fiscal year |
2018 means, for an Organizational Unit, the greater of the |
average number of students (grades K through 12) reported |
to the State Board as enrolled in the Organizational Unit |
on October 1 in the immediately preceding school year, |
plus the pre-kindergarten students who receive special |
education services of 2 or more hours a day as reported to |
the State Board on December 1 in the immediately preceding |
school year, or the average number of students (grades K |
through 12) reported to the State Board as enrolled in the |
Organizational Unit on October 1, plus the |
pre-kindergarten students who receive special education |
services of 2 or more hours a day as reported to the State |
Board on December 1, for each of the immediately preceding |
3 school years. For fiscal year 2019 and each subsequent |
fiscal year, "Average Student Enrollment" or "ASE" means, |
for an Organizational Unit, the greater of the average |
number of students (grades K through 12) reported to the |
State Board as enrolled in the Organizational Unit on |
October 1 and March 1 in the immediately preceding school |
year, plus the pre-kindergarten students who receive |
special education services as reported to the State Board |
on October 1 and March 1 in the immediately preceding |
|
school year, or the average number of students (grades K |
through 12) reported to the State Board as enrolled in the |
Organizational Unit on October 1 and March 1, plus the |
pre-kindergarten students who receive special education |
services as reported to the State Board on October 1 and |
March 1, for each of the immediately preceding 3 school |
years. For the purposes of this definition, "enrolled in |
the Organizational Unit" means the number of students |
reported to the State Board who are enrolled in schools |
within the Organizational Unit that the student attends or |
would attend if not placed or transferred to another |
school or program to receive needed services. For the |
purposes of calculating "ASE", all students, grades K |
through 12, excluding those attending kindergarten for a |
half day and students attending an alternative education |
program operated by a regional office of education or |
intermediate service center, shall be counted as 1.0. All |
students attending kindergarten for a half day shall be |
counted as 0.5, unless in 2017 by June 15 or by March 1 in |
subsequent years, the school district reports to the State |
Board of Education the intent to implement full-day |
kindergarten district-wide for all students, then all |
students attending kindergarten shall be counted as 1.0. |
Special education pre-kindergarten students shall be |
counted as 0.5 each. If the State Board does not collect or |
has not collected both an October 1 and March 1 enrollment |
|
count by grade or a December 1 collection of special |
education pre-kindergarten students as of August 31, 2017 |
(the effective date of Public Act 100-465), it shall |
establish such collection for all future years. For any |
year in which a count by grade level was collected only |
once, that count shall be used as the single count |
available for computing a 3-year average ASE. Funding for |
programs operated by a regional office of education or an |
intermediate service center must be calculated using the |
Evidence-Based Funding formula under this Section for the |
2019-2020 school year and each subsequent school year |
until separate adequacy formulas are developed and adopted |
for each type of program. ASE for a program operated by a |
regional office of education or an intermediate service |
center must be determined by the March 1 enrollment for |
the program. For the 2019-2020 school year, the ASE used |
in the calculation must be the first-year ASE and, in that |
year only, the assignment of students served by a regional |
office of education or intermediate service center shall |
not result in a reduction of the March enrollment for any |
school district. For the 2020-2021 school year, the ASE |
must be the greater of the current-year ASE or the 2-year |
average ASE. Beginning with the 2021-2022 school year, the |
ASE must be the greater of the current-year ASE or the |
3-year average ASE. School districts shall submit the data |
for the ASE calculation to the State Board within 45 days |
|
of the dates required in this Section for submission of |
enrollment data in order for it to be included in the ASE |
calculation. For fiscal year 2018 only, the ASE |
calculation shall include only enrollment taken on October |
1. In recognition of the impact of COVID-19, the |
definition of "Average Student Enrollment" or "ASE" shall |
be adjusted for calculations under this Section for fiscal |
years 2022 through 2024. For fiscal years 2022 through |
2024, the enrollment used in the calculation of ASE |
representing the 2020-2021 school year shall be the |
greater of the enrollment for the 2020-2021 school year or |
the 2019-2020 school year. |
"Base Funding Guarantee" is defined in paragraph (10) |
of subsection (g) of this Section. |
"Base Funding Minimum" is defined in subsection (e) of |
this Section. |
"Base Tax Year" means the property tax levy year used |
to calculate the Budget Year allocation of primary State |
aid. |
"Base Tax Year's Extension" means the product of the |
equalized assessed valuation utilized by the county clerk |
in the Base Tax Year multiplied by the limiting rate as |
calculated by the county clerk and defined in PTELL. |
"Bilingual Education Allocation" means the amount of |
an Organizational Unit's final Adequacy Target |
attributable to bilingual education divided by the |
|
Organizational Unit's final Adequacy Target, the product |
of which shall be multiplied by the amount of new funding |
received pursuant to this Section. An Organizational |
Unit's final Adequacy Target attributable to bilingual |
education shall include all additional investments in |
English learner students' adequacy elements. |
"Budget Year" means the school year for which primary |
State aid is calculated and awarded under this Section. |
"Central office" means individual administrators and |
support service personnel charged with managing the |
instructional programs, business and operations, and |
security of the Organizational Unit. |
"Comparable Wage Index" or "CWI" means a regional cost |
differentiation metric that measures systemic, regional |
variations in the salaries of college graduates who are |
not educators. The CWI utilized for this Section shall, |
for the first 3 years of Evidence-Based Funding |
implementation, be the CWI initially developed by the |
National Center for Education Statistics, as most recently |
updated by Texas A & M University. In the fourth and |
subsequent years of Evidence-Based Funding implementation, |
the State Superintendent shall re-determine the CWI using |
a similar methodology to that identified in the Texas A & M |
University study, with adjustments made no less frequently |
than once every 5 years. |
"Computer technology and equipment" means computers |
|
servers, notebooks, network equipment, copiers, printers, |
instructional software, security software, curriculum |
management courseware, and other similar materials and |
equipment. |
"Computer technology and equipment investment |
allocation" means the final Adequacy Target amount of an |
Organizational Unit assigned to Tier 1 or Tier 2 in the |
prior school year attributable to the additional $285.50 |
per student computer technology and equipment investment |
grant divided by the Organizational Unit's final Adequacy |
Target, the result of which shall be multiplied by the |
amount of new funding received pursuant to this Section. |
An Organizational Unit assigned to a Tier 1 or Tier 2 final |
Adequacy Target attributable to the received computer |
technology and equipment investment grant shall include |
all additional investments in computer technology and |
equipment adequacy elements. |
"Core subject" means mathematics; science; reading, |
English, writing, and language arts; history and social |
studies; world languages; and subjects taught as Advanced |
Placement in high schools. |
"Core teacher" means a regular classroom teacher in |
elementary schools and teachers of a core subject in |
middle and high schools. |
"Core Intervention teacher (tutor)" means a licensed |
teacher providing one-on-one or small group tutoring to |
|
students struggling to meet proficiency in core subjects. |
"CPPRT" means corporate personal property replacement |
tax funds paid to an Organizational Unit during the |
calendar year one year before the calendar year in which a |
school year begins, pursuant to "An Act in relation to the |
abolition of ad valorem personal property tax and the |
replacement of revenues lost thereby, and amending and |
repealing certain Acts and parts of Acts in connection |
therewith", certified August 14, 1979, as amended (Public |
Act 81-1st S.S.-1). |
"EAV" means equalized assessed valuation as defined in |
paragraph (2) of subsection (d) of this Section and |
calculated in accordance with paragraph (3) of subsection |
(d) of this Section. |
"ECI" means the Bureau of Labor Statistics' national |
employment cost index for civilian workers in educational |
services in elementary and secondary schools on a |
cumulative basis for the 12-month calendar year preceding |
the fiscal year of the Evidence-Based Funding calculation. |
"EIS Data" means the employment information system |
data maintained by the State Board on educators within |
Organizational Units. |
"Employee benefits" means health, dental, and vision |
insurance offered to employees of an Organizational Unit, |
the costs associated with the statutorily required payment |
of the normal cost of the Organizational Unit's teacher |
|
pensions, Social Security employer contributions, and |
Illinois Municipal Retirement Fund employer contributions. |
"English learner" or "EL" means a child included in |
the definition of "English learners" under Section 14C-2 |
of this Code participating in a program of transitional |
bilingual education or a transitional program of |
instruction meeting the requirements and program |
application procedures of Article 14C of this Code. For |
the purposes of collecting the number of EL students |
enrolled, the same collection and calculation methodology |
as defined above for "ASE" shall apply to English |
learners, with the exception that EL student enrollment |
shall include students in grades pre-kindergarten through |
12. |
"Essential Elements" means those elements, resources, |
and educational programs that have been identified through |
academic research as necessary to improve student success, |
improve academic performance, close achievement gaps, and |
provide for other per student costs related to the |
delivery and leadership of the Organizational Unit, as |
well as the maintenance and operations of the unit, and |
which are specified in paragraph (2) of subsection (b) of |
this Section. |
"Evidence-Based Funding" means State funding provided |
to an Organizational Unit pursuant to this Section. |
"Extended day" means academic and enrichment programs |
|
provided to students outside the regular school day before |
and after school or during non-instructional times during |
the school day. |
"Extension Limitation Ratio" means a numerical ratio |
in which the numerator is the Base Tax Year's Extension |
and the denominator is the Preceding Tax Year's Extension. |
"Final Percent of Adequacy" is defined in paragraph |
(4) of subsection (f) of this Section. |
"Final Resources" is defined in paragraph (3) of |
subsection (f) of this Section. |
"Full-time equivalent" or "FTE" means the full-time |
equivalency compensation for staffing the relevant |
position at an Organizational Unit. |
"Funding Gap" is defined in paragraph (1) of |
subsection (g). |
"Hybrid District" means a partial elementary unit |
district created pursuant to Article 11E of this Code. |
"Instructional assistant" means a core or special |
education, non-licensed employee who assists a teacher in |
the classroom and provides academic support to students. |
"Instructional facilitator" means a qualified teacher |
or licensed teacher leader who facilitates and coaches |
continuous improvement in classroom instruction; provides |
instructional support to teachers in the elements of |
research-based instruction or demonstrates the alignment |
of instruction with curriculum standards and assessment |
|
tools; develops or coordinates instructional programs or |
strategies; develops and implements training; chooses |
standards-based instructional materials; provides |
teachers with an understanding of current research; serves |
as a mentor, site coach, curriculum specialist, or lead |
teacher; or otherwise works with fellow teachers, in |
collaboration, to use data to improve instructional |
practice or develop model lessons. |
"Instructional materials" means relevant |
instructional materials for student instruction, |
including, but not limited to, textbooks, consumable |
workbooks, laboratory equipment, library books, and other |
similar materials. |
"Laboratory School" means a public school that is |
created and operated by a public university and approved |
by the State Board. |
"Librarian" means a teacher with an endorsement as a |
library information specialist or another individual whose |
primary responsibility is overseeing library resources |
within an Organizational Unit. |
"Limiting rate for Hybrid Districts" means the |
combined elementary school and high school limiting rates. |
"Local Capacity" is defined in paragraph (1) of |
subsection (c) of this Section. |
"Local Capacity Percentage" is defined in subparagraph |
(A) of paragraph (2) of subsection (c) of this Section. |
|
"Local Capacity Ratio" is defined in subparagraph (B) |
of paragraph (2) of subsection (c) of this Section. |
"Local Capacity Target" is defined in paragraph (2) of |
subsection (c) of this Section. |
"Low-Income Count" means, for an Organizational Unit |
in a fiscal year, the higher of the average number of |
students for the prior school year or the immediately |
preceding 3 school years who, as of July 1 of the |
immediately preceding fiscal year (as determined by the |
Department of Human Services), are eligible for at least |
one of the following low-income programs: Medicaid, the |
Children's Health Insurance Program, Temporary Assistance |
for Needy Families (TANF), or the Supplemental Nutrition |
Assistance Program, excluding pupils who are eligible for |
services provided by the Department of Children and Family |
Services. Until such time that grade level low-income |
populations become available, grade level low-income |
populations shall be determined by applying the low-income |
percentage to total student enrollments by grade level. |
The low-income percentage is determined by dividing the |
Low-Income Count by the Average Student Enrollment. The |
low-income percentage for programs operated by a regional |
office of education or an intermediate service center must |
be set to the weighted average of the low-income |
percentages of all of the school districts in the service |
region. The weighted low-income percentage is the result |
|
of multiplying the low-income percentage of each school |
district served by the regional office of education or |
intermediate service center by each school district's |
Average Student Enrollment, summarizing those products and |
dividing the total by the total Average Student Enrollment |
for the service region. |
"Maintenance and operations" means custodial services, |
facility and ground maintenance, facility operations, |
facility security, routine facility repairs, and other |
similar services and functions. |
"Minimum Funding Level" is defined in paragraph (9) of |
subsection (g) of this Section. |
"New Property Tax Relief Pool Funds" means, for any |
given fiscal year, all State funds appropriated under |
Section 2-3.170 of this Code. |
"New State Funds" means, for a given school year, all |
State funds appropriated for Evidence-Based Funding in |
excess of the amount needed to fund the Base Funding |
Minimum for all Organizational Units in that school year. |
"Nurse" means an individual licensed as a certified |
school nurse, in accordance with the rules established for |
nursing services by the State Board, who is an employee of |
and is available to provide health care-related services |
for students of an Organizational Unit. |
"Operating Tax Rate" means the rate utilized in the |
previous year to extend property taxes for all purposes, |
|
except Bond and Interest, Summer School, Rent, Capital |
Improvement, and Vocational Education Building purposes. |
For Hybrid Districts, the Operating Tax Rate shall be the |
combined elementary and high school rates utilized in the |
previous year to extend property taxes for all purposes, |
except Bond and Interest, Summer School, Rent, Capital |
Improvement, and Vocational Education Building purposes. |
"Organizational Unit" means a Laboratory School or any |
public school district that is recognized as such by the |
State Board and that contains elementary schools typically |
serving kindergarten through 5th grades, middle schools |
typically serving 6th through 8th grades, high schools |
typically serving 9th through 12th grades, a program |
established under Section 2-3.66 or 2-3.41, or a program |
operated by a regional office of education or an |
intermediate service center under Article 13A or 13B. The |
General Assembly acknowledges that the actual grade levels |
served by a particular Organizational Unit may vary |
slightly from what is typical. |
"Organizational Unit CWI" is determined by calculating |
the CWI in the region and original county in which an |
Organizational Unit's primary administrative office is |
located as set forth in this paragraph, provided that if |
the Organizational Unit CWI as calculated in accordance |
with this paragraph is less than 0.9, the Organizational |
Unit CWI shall be increased to 0.9. Each county's current |
|
CWI value shall be adjusted based on the CWI value of that |
county's neighboring Illinois counties, to create a |
"weighted adjusted index value". This shall be calculated |
by summing the CWI values of all of a county's adjacent |
Illinois counties and dividing by the number of adjacent |
Illinois counties, then taking the weighted value of the |
original county's CWI value and the adjacent Illinois |
county average. To calculate this weighted value, if the |
number of adjacent Illinois counties is greater than 2, |
the original county's CWI value will be weighted at 0.25 |
and the adjacent Illinois county average will be weighted |
at 0.75. If the number of adjacent Illinois counties is 2, |
the original county's CWI value will be weighted at 0.33 |
and the adjacent Illinois county average will be weighted |
at 0.66. The greater of the county's current CWI value and |
its weighted adjusted index value shall be used as the |
Organizational Unit CWI. |
"Preceding Tax Year" means the property tax levy year |
immediately preceding the Base Tax Year. |
"Preceding Tax Year's Extension" means the product of |
the equalized assessed valuation utilized by the county |
clerk in the Preceding Tax Year multiplied by the |
Operating Tax Rate. |
"Preliminary Percent of Adequacy" is defined in |
paragraph (2) of subsection (f) of this Section. |
"Preliminary Resources" is defined in paragraph (2) of |
|
subsection (f) of this Section. |
"Principal" means a school administrator duly endorsed |
to be employed as a principal in this State. |
"Professional development" means training programs for |
licensed staff in schools, including, but not limited to, |
programs that assist in implementing new curriculum |
programs, provide data focused or academic assessment data |
training to help staff identify a student's weaknesses and |
strengths, target interventions, improve instruction, |
encompass instructional strategies for English learner, |
gifted, or at-risk students, address inclusivity, cultural |
sensitivity, or implicit bias, or otherwise provide |
professional support for licensed staff. |
"Prototypical" means 450 special education |
pre-kindergarten and kindergarten through grade 5 students |
for an elementary school, 450 grade 6 through 8 students |
for a middle school, and 600 grade 9 through 12 students |
for a high school. |
"PTELL" means the Property Tax Extension Limitation |
Law. |
"PTELL EAV" is defined in paragraph (4) of subsection |
(d) of this Section. |
"Pupil support staff" means a nurse, psychologist, |
social worker, family liaison personnel, or other staff |
member who provides support to at-risk or struggling |
students. |
|
"Real Receipts" is defined in paragraph (1) of |
subsection (d) of this Section. |
"Regionalization Factor" means, for a particular |
Organizational Unit, the figure derived by dividing the |
Organizational Unit CWI by the Statewide Weighted CWI. |
"School counselor" means a licensed school counselor |
who provides guidance and counseling support for students |
within an Organizational Unit. |
"School site staff" means the primary school secretary |
and any additional clerical personnel assigned to a |
school. |
"Special education" means special educational |
facilities and services, as defined in Section 14-1.08 of |
this Code. |
"Special Education Allocation" means the amount of an |
Organizational Unit's final Adequacy Target attributable |
to special education divided by the Organizational Unit's |
final Adequacy Target, the product of which shall be |
multiplied by the amount of new funding received pursuant |
to this Section. An Organizational Unit's final Adequacy |
Target attributable to special education shall include all |
special education investment adequacy elements. |
"Specialist teacher" means a teacher who provides |
instruction in subject areas not included in core |
subjects, including, but not limited to, art, music, |
physical education, health, driver education, |
|
career-technical education, and such other subject areas |
as may be mandated by State law or provided by an |
Organizational Unit. |
"Specially Funded Unit" means an Alternative School, |
safe school, Department of Juvenile Justice school, |
special education cooperative or entity recognized by the |
State Board as a special education cooperative, |
State-approved charter school, or alternative learning |
opportunities program that received direct funding from |
the State Board during the 2016-2017 school year through |
any of the funding sources included within the calculation |
of the Base Funding Minimum or Glenwood Academy. |
"Supplemental Grant Funding" means supplemental |
general State aid funding received by an Organizational |
Unit during the 2016-2017 school year pursuant to |
subsection (H) of Section 18-8.05 of this Code (now |
repealed). |
"State Adequacy Level" is the sum of the Adequacy |
Targets of all Organizational Units. |
"State Board" means the State Board of Education. |
"State Superintendent" means the State Superintendent |
of Education. |
"Statewide Weighted CWI" means a figure determined by |
multiplying each Organizational Unit CWI times the ASE for |
that Organizational Unit creating a weighted value, |
summing all Organizational Units' weighted values, and |
|
dividing by the total ASE of all Organizational Units, |
thereby creating an average weighted index. |
"Student activities" means non-credit producing |
after-school programs, including, but not limited to, |
clubs, bands, sports, and other activities authorized by |
the school board of the Organizational Unit. |
"Substitute teacher" means an individual teacher or |
teaching assistant who is employed by an Organizational |
Unit and is temporarily serving the Organizational Unit on |
a per diem or per period-assignment basis to replace |
another staff member. |
"Summer school" means academic and enrichment programs |
provided to students during the summer months outside of |
the regular school year. |
"Supervisory aide" means a non-licensed staff member |
who helps in supervising students of an Organizational |
Unit, but does so outside of the classroom, in situations |
such as, but not limited to, monitoring hallways and |
playgrounds, supervising lunchrooms, or supervising |
students when being transported in buses serving the |
Organizational Unit. |
"Target Ratio" is defined in paragraph (4) of |
subsection (g). |
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined |
in paragraph (3) of subsection (g). |
"Tier 1 Aggregate Funding", "Tier 2 Aggregate |
|
Funding", "Tier 3 Aggregate Funding", and "Tier 4 |
Aggregate Funding" are defined in paragraph (1) of |
subsection (g). |
(b) Adequacy Target calculation. |
(1) Each Organizational Unit's Adequacy Target is the |
sum of the Organizational Unit's cost of providing |
Essential Elements, as calculated in accordance with this |
subsection (b), with the salary amounts in the Essential |
Elements multiplied by a Regionalization Factor calculated |
pursuant to paragraph (3) of this subsection (b). |
(2) The Essential Elements are attributable on a pro |
rata basis related to defined subgroups of the ASE of each |
Organizational Unit as specified in this paragraph (2), |
with investments and FTE positions pro rata funded based |
on ASE counts in excess of or less than the thresholds set |
forth in this paragraph (2). The method for calculating |
attributable pro rata costs and the defined subgroups |
thereto are as follows: |
(A) Core class size investments. Each |
Organizational Unit shall receive the funding required |
to support that number of FTE core teacher positions |
as is needed to keep the respective class sizes of the |
Organizational Unit to the following maximum numbers: |
(i) For grades kindergarten through 3, the |
Organizational Unit shall receive funding required |
to support one FTE core teacher position for every |
|
15 Low-Income Count students in those grades and |
one FTE core teacher position for every 20 |
non-Low-Income Count students in those grades. |
(ii) For grades 4 through 12, the |
Organizational Unit shall receive funding required |
to support one FTE core teacher position for every |
20 Low-Income Count students in those grades and |
one FTE core teacher position for every 25 |
non-Low-Income Count students in those grades. |
The number of non-Low-Income Count students in a |
grade shall be determined by subtracting the |
Low-Income students in that grade from the ASE of the |
Organizational Unit for that grade. |
(B) Specialist teacher investments. Each |
Organizational Unit shall receive the funding needed |
to cover that number of FTE specialist teacher |
positions that correspond to the following |
percentages: |
(i) if the Organizational Unit operates an |
elementary or middle school, then 20.00% of the |
number of the Organizational Unit's core teachers, |
as determined under subparagraph (A) of this |
paragraph (2); and |
(ii) if such Organizational Unit operates a |
high school, then 33.33% of the number of the |
Organizational Unit's core teachers. |
|
(C) Instructional facilitator investments. Each |
Organizational Unit shall receive the funding needed |
to cover one FTE instructional facilitator position |
for every 200 combined ASE of pre-kindergarten |
children with disabilities and all kindergarten |
through grade 12 students of the Organizational Unit. |
(D) Core intervention teacher (tutor) investments. |
Each Organizational Unit shall receive the funding |
needed to cover one FTE teacher position for each |
prototypical elementary, middle, and high school. |
(E) Substitute teacher investments. Each |
Organizational Unit shall receive the funding needed |
to cover substitute teacher costs that is equal to |
5.70% of the minimum pupil attendance days required |
under Section 10-19 of this Code for all full-time |
equivalent core, specialist, and intervention |
teachers, school nurses, special education teachers |
and instructional assistants, instructional |
facilitators, and summer school and extended day |
teacher positions, as determined under this paragraph |
(2), at a salary rate of 33.33% of the average salary |
for grade K through 12 teachers and 33.33% of the |
average salary of each instructional assistant |
position. |
(F) Core school counselor investments. Each |
Organizational Unit shall receive the funding needed |
|
to cover one FTE school counselor for each 450 |
combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 5 |
students, plus one FTE school counselor for each 250 |
grades 6 through 8 ASE middle school students, plus |
one FTE school counselor for each 250 grades 9 through |
12 ASE high school students. |
(G) Nurse investments. Each Organizational Unit |
shall receive the funding needed to cover one FTE |
nurse for each 750 combined ASE of pre-kindergarten |
children with disabilities and all kindergarten |
through grade 12 students across all grade levels it |
serves. |
(H) Supervisory aide investments. Each |
Organizational Unit shall receive the funding needed |
to cover one FTE for each 225 combined ASE of |
pre-kindergarten children with disabilities and all |
kindergarten through grade 5 students, plus one FTE |
for each 225 ASE middle school students, plus one FTE |
for each 200 ASE high school students. |
(I) Librarian investments. Each Organizational |
Unit shall receive the funding needed to cover one FTE |
librarian for each prototypical elementary school, |
middle school, and high school and one FTE aide or |
media technician for every 300 combined ASE of |
pre-kindergarten children with disabilities and all |
|
kindergarten through grade 12 students. |
(J) Principal investments. Each Organizational |
Unit shall receive the funding needed to cover one FTE |
principal position for each prototypical elementary |
school, plus one FTE principal position for each |
prototypical middle school, plus one FTE principal |
position for each prototypical high school. |
(K) Assistant principal investments. Each |
Organizational Unit shall receive the funding needed |
to cover one FTE assistant principal position for each |
prototypical elementary school, plus one FTE assistant |
principal position for each prototypical middle |
school, plus one FTE assistant principal position for |
each prototypical high school. |
(L) School site staff investments. Each |
Organizational Unit shall receive the funding needed |
for one FTE position for each 225 ASE of |
pre-kindergarten children with disabilities and all |
kindergarten through grade 5 students, plus one FTE |
position for each 225 ASE middle school students, plus |
one FTE position for each 200 ASE high school |
students. |
(M) Gifted investments. Each Organizational Unit |
shall receive $40 per kindergarten through grade 12 |
ASE. |
(N) Professional development investments. Each |
|
Organizational Unit shall receive $125 per student of |
the combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students for trainers and other professional |
development-related expenses for supplies and |
materials. |
(O) Instructional material investments. Each |
Organizational Unit shall receive $190 per student of |
the combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students to cover instructional material costs. |
(P) Assessment investments. Each Organizational |
Unit shall receive $25 per student of the combined ASE |
of pre-kindergarten children with disabilities and all |
kindergarten through grade 12 students to cover |
assessment costs. |
(Q) Computer technology and equipment investments. |
Each Organizational Unit shall receive $285.50 per |
student of the combined ASE of pre-kindergarten |
children with disabilities and all kindergarten |
through grade 12 students to cover computer technology |
and equipment costs. For the 2018-2019 school year and |
subsequent school years, Organizational Units assigned |
to Tier 1 and Tier 2 in the prior school year shall |
receive an additional $285.50 per student of the |
combined ASE of pre-kindergarten children with |
|
disabilities and all kindergarten through grade 12 |
students to cover computer technology and equipment |
costs in the Organizational Unit's Adequacy Target. |
The State Board may establish additional requirements |
for Organizational Unit expenditures of funds received |
pursuant to this subparagraph (Q), including a |
requirement that funds received pursuant to this |
subparagraph (Q) may be used only for serving the |
technology needs of the district. It is the intent of |
Public Act 100-465 that all Tier 1 and Tier 2 districts |
receive the addition to their Adequacy Target in the |
following year, subject to compliance with the |
requirements of the State Board. |
(R) Student activities investments. Each |
Organizational Unit shall receive the following |
funding amounts to cover student activities: $100 per |
kindergarten through grade 5 ASE student in elementary |
school, plus $200 per ASE student in middle school, |
plus $675 per ASE student in high school. |
(S) Maintenance and operations investments. Each |
Organizational Unit shall receive $1,038 per student |
of the combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students for day-to-day maintenance and operations |
expenditures, including salary, supplies, and |
materials, as well as purchased services, but |
|
excluding employee benefits. The proportion of salary |
for the application of a Regionalization Factor and |
the calculation of benefits is equal to $352.92. |
(T) Central office investments. Each |
Organizational Unit shall receive $742 per student of |
the combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students to cover central office operations, including |
administrators and classified personnel charged with |
managing the instructional programs, business and |
operations of the school district, and security |
personnel. The proportion of salary for the |
application of a Regionalization Factor and the |
calculation of benefits is equal to $368.48. |
(U) Employee benefit investments. Each |
Organizational Unit shall receive 30% of the total of |
all salary-calculated elements of the Adequacy Target, |
excluding substitute teachers and student activities |
investments, to cover benefit costs. For central |
office and maintenance and operations investments, the |
benefit calculation shall be based upon the salary |
proportion of each investment. If at any time the |
responsibility for funding the employer normal cost of |
teacher pensions is assigned to school districts, then |
that amount certified by the Teachers' Retirement |
System of the State of Illinois to be paid by the |
|
Organizational Unit for the preceding school year |
shall be added to the benefit investment. For any |
fiscal year in which a school district organized under |
Article 34 of this Code is responsible for paying the |
employer normal cost of teacher pensions, then that |
amount of its employer normal cost plus the amount for |
retiree health insurance as certified by the Public |
School Teachers' Pension and Retirement Fund of |
Chicago to be paid by the school district for the |
preceding school year that is statutorily required to |
cover employer normal costs and the amount for retiree |
health insurance shall be added to the 30% specified |
in this subparagraph (U). The Teachers' Retirement |
System of the State of Illinois and the Public School |
Teachers' Pension and Retirement Fund of Chicago shall |
submit such information as the State Superintendent |
may require for the calculations set forth in this |
subparagraph (U). |
(V) Additional investments in low-income students. |
In addition to and not in lieu of all other funding |
under this paragraph (2), each Organizational Unit |
shall receive funding based on the average teacher |
salary for grades K through 12 to cover the costs of: |
(i) one FTE intervention teacher (tutor) |
position for every 125 Low-Income Count students; |
(ii) one FTE pupil support staff position for |
|
every 125 Low-Income Count students; |
(iii) one FTE extended day teacher position |
for every 120 Low-Income Count students; and |
(iv) one FTE summer school teacher position |
for every 120 Low-Income Count students. |
(W) Additional investments in English learner |
students. In addition to and not in lieu of all other |
funding under this paragraph (2), each Organizational |
Unit shall receive funding based on the average |
teacher salary for grades K through 12 to cover the |
costs of: |
(i) one FTE intervention teacher (tutor) |
position for every 125 English learner students; |
(ii) one FTE pupil support staff position for |
every 125 English learner students; |
(iii) one FTE extended day teacher position |
for every 120 English learner students; |
(iv) one FTE summer school teacher position |
for every 120 English learner students; and |
(v) one FTE core teacher position for every |
100 English learner students. |
(X) Special education investments. Each |
Organizational Unit shall receive funding based on the |
average teacher salary for grades K through 12 to |
cover special education as follows: |
(i) one FTE teacher position for every 141 |
|
combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students; |
(ii) one FTE instructional assistant for every |
141 combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students; and |
(iii) one FTE psychologist position for every |
1,000 combined ASE of pre-kindergarten children |
with disabilities and all kindergarten through |
grade 12 students. |
(3) For calculating the salaries included within the |
Essential Elements, the State Superintendent shall |
annually calculate average salaries to the nearest dollar |
using the employment information system data maintained by |
the State Board, limited to public schools only and |
excluding special education and vocational cooperatives, |
schools operated by the Department of Juvenile Justice, |
and charter schools, for the following positions: |
(A) Teacher for grades K through 8. |
(B) Teacher for grades 9 through 12. |
(C) Teacher for grades K through 12. |
(D) School counselor for grades K through 8. |
(E) School counselor for grades 9 through 12. |
(F) School counselor for grades K through 12. |
(G) Social worker. |
|
(H) Psychologist. |
(I) Librarian. |
(J) Nurse. |
(K) Principal. |
(L) Assistant principal. |
For the purposes of this paragraph (3), "teacher" |
includes core teachers, specialist and elective teachers, |
instructional facilitators, tutors, special education |
teachers, pupil support staff teachers, English learner |
teachers, extended day teachers, and summer school |
teachers. Where specific grade data is not required for |
the Essential Elements, the average salary for |
corresponding positions shall apply. For substitute |
teachers, the average teacher salary for grades K through |
12 shall apply. |
For calculating the salaries included within the |
Essential Elements for positions not included within EIS |
Data, the following salaries shall be used in the first |
year of implementation of Evidence-Based Funding: |
(i) school site staff, $30,000; and |
(ii) non-instructional assistant, instructional |
assistant, library aide, library media tech, or |
supervisory aide: $25,000. |
In the second and subsequent years of implementation |
of Evidence-Based Funding, the amounts in items (i) and |
(ii) of this paragraph (3) shall annually increase by the |
|
ECI. |
The salary amounts for the Essential Elements |
determined pursuant to subparagraphs (A) through (L), (S) |
and (T), and (V) through (X) of paragraph (2) of |
subsection (b) of this Section shall be multiplied by a |
Regionalization Factor. |
(c) Local Capacity calculation. |
(1) Each Organizational Unit's Local Capacity |
represents an amount of funding it is assumed to |
contribute toward its Adequacy Target for purposes of the |
Evidence-Based Funding formula calculation. "Local |
Capacity" means either (i) the Organizational Unit's Local |
Capacity Target as calculated in accordance with paragraph |
(2) of this subsection (c) if its Real Receipts are equal |
to or less than its Local Capacity Target or (ii) the |
Organizational Unit's Adjusted Local Capacity, as |
calculated in accordance with paragraph (3) of this |
subsection (c) if Real Receipts are more than its Local |
Capacity Target. |
(2) "Local Capacity Target" means, for an |
Organizational Unit, that dollar amount that is obtained |
by multiplying its Adequacy Target by its Local Capacity |
Ratio. |
(A) An Organizational Unit's Local Capacity |
Percentage is the conversion of the Organizational |
Unit's Local Capacity Ratio, as such ratio is |
|
determined in accordance with subparagraph (B) of this |
paragraph (2), into a cumulative distribution |
resulting in a percentile ranking to determine each |
Organizational Unit's relative position to all other |
Organizational Units in this State. The calculation of |
Local Capacity Percentage is described in subparagraph |
(C) of this paragraph (2). |
(B) An Organizational Unit's Local Capacity Ratio |
in a given year is the percentage obtained by dividing |
its Adjusted EAV or PTELL EAV, whichever is less, by |
its Adequacy Target, with the resulting ratio further |
adjusted as follows: |
(i) for Organizational Units serving grades |
kindergarten through 12 and Hybrid Districts, no |
further adjustments shall be made; |
(ii) for Organizational Units serving grades |
kindergarten through 8, the ratio shall be |
multiplied by 9/13; |
(iii) for Organizational Units serving grades |
9 through 12, the Local Capacity Ratio shall be |
multiplied by 4/13; and |
(iv) for an Organizational Unit with a |
different grade configuration than those specified |
in items (i) through (iii) of this subparagraph |
(B), the State Superintendent shall determine a |
comparable adjustment based on the grades served. |
|
(C) The Local Capacity Percentage is equal to the |
percentile ranking of the district. Local Capacity |
Percentage converts each Organizational Unit's Local |
Capacity Ratio to a cumulative distribution resulting |
in a percentile ranking to determine each |
Organizational Unit's relative position to all other |
Organizational Units in this State. The Local Capacity |
Percentage cumulative distribution resulting in a |
percentile ranking for each Organizational Unit shall |
be calculated using the standard normal distribution |
of the score in relation to the weighted mean and |
weighted standard deviation and Local Capacity Ratios |
of all Organizational Units. If the value assigned to |
any Organizational Unit is in excess of 90%, the value |
shall be adjusted to 90%. For Laboratory Schools, the |
Local Capacity Percentage shall be set at 10% in
|
recognition of the absence of EAV and resources from |
the public university that are allocated to
the |
Laboratory School. For programs operated by a regional |
office of education or an intermediate service center, |
the Local Capacity Percentage must be set at 10% in |
recognition of the absence of EAV and resources from |
school districts that are allocated to the regional |
office of education or intermediate service center. |
The weighted mean for the Local Capacity Percentage |
shall be determined by multiplying each Organizational |
|
Unit's Local Capacity Ratio times the ASE for the unit |
creating a weighted value, summing the weighted values |
of all Organizational Units, and dividing by the total |
ASE of all Organizational Units. The weighted standard |
deviation shall be determined by taking the square |
root of the weighted variance of all Organizational |
Units' Local Capacity Ratio, where the variance is |
calculated by squaring the difference between each |
unit's Local Capacity Ratio and the weighted mean, |
then multiplying the variance for each unit times the |
ASE for the unit to create a weighted variance for each |
unit, then summing all units' weighted variance and |
dividing by the total ASE of all units. |
(D) For any Organizational Unit, the |
Organizational Unit's Adjusted Local Capacity Target |
shall be reduced by either (i) the school board's |
remaining contribution pursuant to paragraph (ii) of |
subsection (b-4) of Section 16-158 of the Illinois |
Pension Code in a given year or (ii) the board of |
education's remaining contribution pursuant to |
paragraph (iv) of subsection (b) of Section 17-129 of |
the Illinois Pension Code absent the employer normal |
cost portion of the required contribution and amount |
allowed pursuant to subdivision (3) of Section |
17-142.1 of the Illinois Pension Code in a given year. |
In the preceding sentence, item (i) shall be certified |
|
to the State Board of Education by the Teachers' |
Retirement System of the State of Illinois and item |
(ii) shall be certified to the State Board of |
Education by the Public School Teachers' Pension and |
Retirement Fund of the City of Chicago. |
(3) If an Organizational Unit's Real Receipts are more |
than its Local Capacity Target, then its Local Capacity |
shall equal an Adjusted Local Capacity Target as |
calculated in accordance with this paragraph (3). The |
Adjusted Local Capacity Target is calculated as the sum of |
the Organizational Unit's Local Capacity Target and its |
Real Receipts Adjustment. The Real Receipts Adjustment |
equals the Organizational Unit's Real Receipts less its |
Local Capacity Target, with the resulting figure |
multiplied by the Local Capacity Percentage. |
As used in this paragraph (3), "Real Percent of |
Adequacy" means the sum of an Organizational Unit's Real |
Receipts, CPPRT, and Base Funding Minimum, with the |
resulting figure divided by the Organizational Unit's |
Adequacy Target. |
(d) Calculation of Real Receipts, EAV, and Adjusted EAV |
for purposes of the Local Capacity calculation. |
(1) An Organizational Unit's Real Receipts are the |
product of its Applicable Tax Rate and its Adjusted EAV. |
An Organizational Unit's Applicable Tax Rate is its |
Adjusted Operating Tax Rate for property within the |
|
Organizational Unit. |
(2) The State Superintendent shall calculate the |
equalized assessed valuation, or EAV, of all taxable |
property of each Organizational Unit as of September 30 of |
the previous year in accordance with paragraph (3) of this |
subsection (d). The State Superintendent shall then |
determine the Adjusted EAV of each Organizational Unit in |
accordance with paragraph (4) of this subsection (d), |
which Adjusted EAV figure shall be used for the purposes |
of calculating Local Capacity. |
(3) To calculate Real Receipts and EAV, the Department |
of Revenue shall supply to the State Superintendent the |
value as equalized or assessed by the Department of |
Revenue of all taxable property of every Organizational |
Unit, together with (i) the applicable tax rate used in |
extending taxes for the funds of the Organizational Unit |
as of September 30 of the previous year and (ii) the |
limiting rate for all Organizational Units subject to |
property tax extension limitations as imposed under PTELL. |
(A) The Department of Revenue shall add to the |
equalized assessed value of all taxable property of |
each Organizational Unit situated entirely or |
partially within a county that is or was subject to the |
provisions of Section 15-176 or 15-177 of the Property |
Tax Code (i) an amount equal to the total amount by |
which the homestead exemption allowed under Section |
|
15-176 or 15-177 of the Property Tax Code for real |
property situated in that Organizational Unit exceeds |
the total amount that would have been allowed in that |
Organizational Unit if the maximum reduction under |
Section 15-176 was (I) $4,500 in Cook County or $3,500 |
in all other counties in tax year 2003 or (II) $5,000 |
in all counties in tax year 2004 and thereafter and |
(ii) an amount equal to the aggregate amount for the |
taxable year of all additional exemptions under |
Section 15-175 of the Property Tax Code for owners |
with a household income of $30,000 or less. The county |
clerk of any county that is or was subject to the |
provisions of Section 15-176 or 15-177 of the Property |
Tax Code shall annually calculate and certify to the |
Department of Revenue for each Organizational Unit all |
homestead exemption amounts under Section 15-176 or |
15-177 of the Property Tax Code and all amounts of |
additional exemptions under Section 15-175 of the |
Property Tax Code for owners with a household income |
of $30,000 or less. It is the intent of this |
subparagraph (A) that if the general homestead |
exemption for a parcel of property is determined under |
Section 15-176 or 15-177 of the Property Tax Code |
rather than Section 15-175, then the calculation of |
EAV shall not be affected by the difference, if any, |
between the amount of the general homestead exemption |
|
allowed for that parcel of property under Section |
15-176 or 15-177 of the Property Tax Code and the |
amount that would have been allowed had the general |
homestead exemption for that parcel of property been |
determined under Section 15-175 of the Property Tax |
Code. It is further the intent of this subparagraph |
(A) that if additional exemptions are allowed under |
Section 15-175 of the Property Tax Code for owners |
with a household income of less than $30,000, then the |
calculation of EAV shall not be affected by the |
difference, if any, because of those additional |
exemptions. |
(B) With respect to any part of an Organizational |
Unit within a redevelopment project area in respect to |
which a municipality has adopted tax increment |
allocation financing pursuant to the Tax Increment |
Allocation Redevelopment Act, Division 74.4 of Article |
11 of the Illinois Municipal Code, or the Industrial |
Jobs Recovery Law, Division 74.6 of Article 11 of the |
Illinois Municipal Code, no part of the current EAV of |
real property located in any such project area that is |
attributable to an increase above the total initial |
EAV of such property shall be used as part of the EAV |
of the Organizational Unit, until such time as all |
redevelopment project costs have been paid, as |
provided in Section 11-74.4-8 of the Tax Increment |
|
Allocation Redevelopment Act or in Section 11-74.6-35 |
of the Industrial Jobs Recovery Law. For the purpose |
of the EAV of the Organizational Unit, the total |
initial EAV or the current EAV, whichever is lower, |
shall be used until such time as all redevelopment |
project costs have been paid. |
(B-5) The real property equalized assessed |
valuation for a school district shall be adjusted by |
subtracting from the real property value, as equalized |
or assessed by the Department of Revenue, for the |
district an amount computed by dividing the amount of |
any abatement of taxes under Section 18-170 of the |
Property Tax Code by 3.00% for a district maintaining |
grades kindergarten through 12, by 2.30% for a |
district maintaining grades kindergarten through 8, or |
by 1.05% for a district maintaining grades 9 through |
12 and adjusted by an amount computed by dividing the |
amount of any abatement of taxes under subsection (a) |
of Section 18-165 of the Property Tax Code by the same |
percentage rates for district type as specified in |
this subparagraph (B-5). |
(C) For Organizational Units that are Hybrid |
Districts, the State Superintendent shall use the |
lesser of the adjusted equalized assessed valuation |
for property within the partial elementary unit |
district for elementary purposes, as defined in |
|
Article 11E of this Code, or the adjusted equalized |
assessed valuation for property within the partial |
elementary unit district for high school purposes, as |
defined in Article 11E of this Code. |
(D) If a school district's boundaries span |
multiple counties, then the Department of Revenue |
shall send to the State Board, for the purposes of |
calculating Evidence-Based Funding, the limiting rate |
and individual rates by purpose for the county that |
contains the majority of the school district's |
equalized assessed valuation. |
(4) An Organizational Unit's Adjusted EAV shall be the |
average of its EAV over the immediately preceding 3 years |
or the lesser of its EAV in the immediately preceding year |
or the average of its EAV over the immediately preceding 3 |
years if the EAV in the immediately preceding year has |
declined by 10% or more when comparing the 2 most recent |
years. In the event of Organizational Unit reorganization, |
consolidation, or annexation, the Organizational Unit's |
Adjusted EAV for the first 3 years after such change shall |
be as follows: the most current EAV shall be used in the |
first year, the average of a 2-year EAV or its EAV in the |
immediately preceding year if the EAV declines by 10% or |
more when comparing the 2 most recent years for the second |
year, and the lesser of a 3-year average EAV or its EAV in |
the immediately preceding year if the Adjusted EAV |
|
declines by 10% or more when comparing the 2 most recent |
years for the third year. For any school district whose |
EAV in the immediately preceding year is used in |
calculations, in the following year, the Adjusted EAV |
shall be the average of its EAV over the immediately |
preceding 2 years or the immediately preceding year if |
that year represents a decline of 10% or more when |
comparing the 2 most recent years. |
"PTELL EAV" means a figure calculated by the State |
Board for Organizational Units subject to PTELL as |
described in this paragraph (4) for the purposes of |
calculating an Organizational Unit's Local Capacity Ratio. |
Except as otherwise provided in this paragraph (4), the |
PTELL EAV of an Organizational Unit shall be equal to the |
product of the equalized assessed valuation last used in |
the calculation of general State aid under Section 18-8.05 |
of this Code (now repealed) or Evidence-Based Funding |
under this Section and the Organizational Unit's Extension |
Limitation Ratio. If an Organizational Unit has approved |
or does approve an increase in its limiting rate, pursuant |
to Section 18-190 of the Property Tax Code, affecting the |
Base Tax Year, the PTELL EAV shall be equal to the product |
of the equalized assessed valuation last used in the |
calculation of general State aid under Section 18-8.05 of |
this Code (now repealed) or Evidence-Based Funding under |
this Section multiplied by an amount equal to one plus the |
|
percentage increase, if any, in the Consumer Price Index |
for All Urban Consumers for all items published by the |
United States Department of Labor for the 12-month |
calendar year preceding the Base Tax Year, plus the |
equalized assessed valuation of new property, annexed |
property, and recovered tax increment value and minus the |
equalized assessed valuation of disconnected property. |
As used in this paragraph (4), "new property" and |
"recovered tax increment value" shall have the meanings |
set forth in the Property Tax Extension Limitation Law. |
(e) Base Funding Minimum calculation. |
(1) For the 2017-2018 school year, the Base Funding |
Minimum of an Organizational Unit or a Specially Funded |
Unit shall be the amount of State funds distributed to the |
Organizational Unit or Specially Funded Unit during the |
2016-2017 school year prior to any adjustments and |
specified appropriation amounts described in this |
paragraph (1) from the following Sections, as calculated |
by the State Superintendent: Section 18-8.05 of this Code |
(now repealed); Section 5 of Article 224 of Public Act |
99-524 (equity grants); Section 14-7.02b of this Code |
(funding for children requiring special education |
services); Section 14-13.01 of this Code (special |
education facilities and staffing), except for |
reimbursement of the cost of transportation pursuant to |
Section 14-13.01; Section 14C-12 of this Code (English |
|
learners); and Section 18-4.3 of this Code (summer |
school), based on an appropriation level of $13,121,600. |
For a school district organized under Article 34 of this |
Code, the Base Funding Minimum also includes (i) the funds |
allocated to the school district pursuant to Section 1D-1 |
of this Code attributable to funding programs authorized |
by the Sections of this Code listed in the preceding |
sentence and (ii) the difference between (I) the funds |
allocated to the school district pursuant to Section 1D-1 |
of this Code attributable to the funding programs |
authorized by Section 14-7.02 (non-public special |
education reimbursement), subsection (b) of Section |
14-13.01 (special education transportation), Section 29-5 |
(transportation), Section 2-3.80 (agricultural |
education), Section 2-3.66 (truants' alternative |
education), Section 2-3.62 (educational service centers), |
and Section 14-7.03 (special education - orphanage) of |
this Code and Section 15 of the Childhood Hunger Relief |
Act (free breakfast program) and (II) the school |
district's actual expenditures for its non-public special |
education, special education transportation, |
transportation programs, agricultural education, truants' |
alternative education, services that would otherwise be |
performed by a regional office of education, special |
education orphanage expenditures, and free breakfast, as |
most recently calculated and reported pursuant to |
|
subsection (f) of Section 1D-1 of this Code. The Base |
Funding Minimum for Glenwood Academy shall be $952,014 |
$625,500 . For programs operated by a regional office of |
education or an intermediate service center, the Base |
Funding Minimum must be the total amount of State funds |
allocated to those programs in the 2018-2019 school year |
and amounts provided pursuant to Article 34 of Public Act |
100-586 and Section 3-16 of this Code. All programs |
established after June 5, 2019 (the effective date of |
Public Act 101-10) and administered by a regional office |
of education or an intermediate service center must have |
an initial Base Funding Minimum set to an amount equal to |
the first-year ASE multiplied by the amount of per pupil |
funding received in the previous school year by the lowest |
funded similar existing program type. If the enrollment |
for a program operated by a regional office of education |
or an intermediate service center is zero, then it may not |
receive Base Funding Minimum funds for that program in the |
next fiscal year, and those funds must be distributed to |
Organizational Units under subsection (g). |
(2) For the 2018-2019 and subsequent school years, the |
Base Funding Minimum of Organizational Units and Specially |
Funded Units shall be the sum of (i) the amount of |
Evidence-Based Funding for the prior school year, (ii) the |
Base Funding Minimum for the prior school year, and (iii) |
any amount received by a school district pursuant to |
|
Section 7 of Article 97 of Public Act 100-21. |
For the 2022-2023 school year, the Base Funding |
Minimum of Organizational Units shall be the amounts |
recalculated by the State Board of Education for Fiscal |
Year 2019 through Fiscal Year 2022 that were necessary due |
to average student enrollment errors for districts |
organized under Article 34 of this Code, plus the Fiscal |
Year 2022 property tax relief grants provided under |
Section 2-3.170 of this Code, ensuring each Organizational |
Unit has the correct amount of resources for Fiscal Year |
2023 Evidence-Based Funding calculations and that Fiscal |
Year 2023 Evidence-Based Funding Distributions are made in |
accordance with this Section. |
(3) Subject to approval by the General Assembly as |
provided in this paragraph (3), an Organizational Unit |
that meets all of the following criteria, as determined by |
the State Board, shall have District Intervention Money |
added to its Base Funding Minimum at the time the Base |
Funding Minimum is calculated by the State Board: |
(A) The Organizational Unit is operating under an |
Independent Authority under Section 2-3.25f-5 of this |
Code for a minimum of 4 school years or is subject to |
the control of the State Board pursuant to a court |
order for a minimum of 4 school years. |
(B) The Organizational Unit was designated as a |
Tier 1 or Tier 2 Organizational Unit in the previous |
|
school year under paragraph (3) of subsection (g) of |
this Section. |
(C) The Organizational Unit demonstrates |
sustainability through a 5-year financial and |
strategic plan. |
(D) The Organizational Unit has made sufficient |
progress and achieved sufficient stability in the |
areas of governance, academic growth, and finances. |
As part of its determination under this paragraph (3), |
the State Board may consider the Organizational Unit's |
summative designation, any accreditations of the |
Organizational Unit, or the Organizational Unit's |
financial profile, as calculated by the State Board. |
If the State Board determines that an Organizational |
Unit has met the criteria set forth in this paragraph (3), |
it must submit a report to the General Assembly, no later |
than January 2 of the fiscal year in which the State Board |
makes it determination, on the amount of District |
Intervention Money to add to the Organizational Unit's |
Base Funding Minimum. The General Assembly must review the |
State Board's report and may approve or disapprove, by |
joint resolution, the addition of District Intervention |
Money. If the General Assembly fails to act on the report |
within 40 calendar days from the receipt of the report, |
the addition of District Intervention Money is deemed |
approved. If the General Assembly approves the amount of |
|
District Intervention Money to be added to the |
Organizational Unit's Base Funding Minimum, the District |
Intervention Money must be added to the Base Funding |
Minimum annually thereafter. |
For the first 4 years following the initial year that |
the State Board determines that an Organizational Unit has |
met the criteria set forth in this paragraph (3) and has |
received funding under this Section, the Organizational |
Unit must annually submit to the State Board, on or before |
November 30, a progress report regarding its financial and |
strategic plan under subparagraph (C) of this paragraph |