Public Act 094-0839
 		





SB1977 Enrolled
LRB094 11537 BDD 42507 b






    AN ACT concerning finance.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
ARTICLE 1.  SHORT TITLE; PURPOSE

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

 
ARTICLE 5.  AMENDATORY PROVISIONS

 
    Section 5-5. The State Employees Group Insurance Act of 
1971 is amended  by changing Sections 6.10, 10, and 13.1 as 
follows:
 



    (5 ILCS 375/6.10)


    Sec. 6.10. Contributions to the Community College Health 
Insurance
Security Fund.

    (a) Beginning January 1, 1999, 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.

    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

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.

    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.

    (b) Beginning January 1, 1999, every community college 
district
(other than a community college district subject to 
Article VII of the Public
Community College Act) or association

of community college boards that is an employer under the State 
Universities
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.

    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

Illinois Pension Code.

    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.

    (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 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.

    (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.

    (e) Except where otherwise specified in this Section, the 
definitions
that apply to Article 15 of the Illinois Pension 
Code apply to this Section.

(Source: P.A. 90-497, eff. 8-18-97; 91-887, eff. 7-6-00.)


 



    (5 ILCS 375/10)  (from Ch. 127, par. 530)


    Sec. 10. Payments by State; premiums. 

    (a) The State shall pay the cost of basic non-contributory 
group life
insurance and, subject to member paid contributions 
set by the Department or
required by this Section, the basic 
program of group health benefits on each
eligible member, 
except a member, not otherwise
covered by this Act, who has 
retired as a participating member under Article 2
of the 
Illinois Pension Code but is ineligible for the retirement 
annuity under
Section 2-119 of the Illinois Pension Code, and 
part of each eligible member's
and retired member's premiums 
for health insurance coverage for enrolled
dependents as 
provided by Section 9.  The State shall pay the cost of the 
basic
program of group health benefits only after benefits are 
reduced by the amount
of benefits covered by Medicare for all 
members and dependents
who are eligible for benefits under 
Social Security or
the Railroad Retirement system or who had 
sufficient Medicare-covered
government employment, except that 
such reduction in benefits shall apply only
to those members 
and dependents who (1) first become eligible
for such Medicare 
coverage on or after July 1, 1992; or (2) are
Medicare-eligible 
members or dependents of a local government unit which began

participation in the program on or after July 1, 1992; or (3) 
remain eligible
for, but no longer receive Medicare coverage 
which they had been receiving on
or after July 1, 1992. The 
Department may determine the aggregate level of the
State's 
contribution on the basis of actual cost of medical services 
adjusted
for age, sex or geographic or other demographic 
characteristics which affect
the costs of such programs.

    The cost of participation in the basic program of group 
health benefits
for the dependent or survivor of a living or 
deceased retired employee who was
formerly employed by the 
University of Illinois in the Cooperative Extension
Service and 
would be an annuitant but for the fact that he or she was made

ineligible to participate in the State Universities Retirement 
System by clause
(4) of subsection (a) of Section 15-107 of the 
Illinois Pension Code shall not
be greater than the cost of 
participation that would otherwise apply to that
dependent or 
survivor if he or she were the dependent or survivor of an

annuitant under the State Universities Retirement System.

    (a-1) Beginning January 1, 1998, for each person who 
becomes a new SERS
annuitant and participates in the basic 
program of group health benefits, the
State shall contribute 
toward the cost of the annuitant's
coverage under the basic 
program of group health benefits an amount equal
to 5% of that 
cost for each full year of creditable service upon which the

annuitant's retirement annuity is based, up to a maximum of 
100% for an
annuitant with 20 or more years of creditable 
service.
The remainder of the cost of a new SERS annuitant's 
coverage under the basic
program of group health benefits shall 
be the responsibility of the
annuitant. In the case of a new 
SERS annuitant who has elected to receive an alternative 
retirement cancellation payment under Section 14-108.5 of the 
Illinois Pension  Code in lieu of an annuity, for the purposes 
of this subsection the annuitant shall be deemed to be 
receiving a retirement annuity based on the number of years of 
creditable service that the annuitant had established at the 
time of his or her termination of service under SERS.


    (a-2) Beginning January 1, 1998, for each person who 
becomes a new SERS
survivor and participates in the basic 
program of group health benefits, the
State shall contribute 
toward the cost of the survivor's
coverage under the basic 
program of group health benefits an amount equal
to 5% of that 
cost for each full year of the deceased employee's or deceased

annuitant's creditable service in the State Employees' 
Retirement System of
Illinois on the date of death, up to a 
maximum of 100% for a survivor of an
employee or annuitant with 
20 or more years of creditable service.  The
remainder of the 
cost of the new SERS survivor's coverage under the basic

program of group health benefits shall be the responsibility of 
the survivor. In the case of a new SERS survivor who was the 
dependent of an annuitant who elected to receive an alternative 
retirement cancellation payment under Section 14-108.5 of the 
Illinois Pension  Code in lieu of an annuity, for the purposes 
of this subsection the deceased annuitant's creditable service 
shall be determined as of the date of termination of service 
rather than the date of death.

    (a-3) Beginning January 1, 1998, for each person who 
becomes a new SURS
annuitant and participates in the basic 
program of group health benefits, the
State shall contribute 
toward the cost of the annuitant's
coverage under the basic 
program of group health benefits an amount equal
to 5% of that 
cost for each full year of creditable service upon which the

annuitant's retirement annuity is based, up to a maximum of 
100% for an
annuitant with 20 or more years of creditable 
service.
The remainder of the cost of a new SURS annuitant's 
coverage under the basic
program of group health benefits shall 
be the responsibility of the
annuitant.

    (a-4) (Blank).

    (a-5) Beginning January 1, 1998, for each person who 
becomes a new SURS
survivor and participates in the basic 
program of group health benefits, the
State shall contribute 
toward the cost of the survivor's coverage under the
basic 
program of group health benefits an amount equal to 5% of that 
cost for
each full year of the deceased employee's or deceased 
annuitant's creditable
service in the State Universities 
Retirement System on the date of death, up to
a maximum of 100% 
for a survivor of an
employee or annuitant with 20 or more 
years of creditable service.  The
remainder of the cost of the 
new SURS survivor's coverage under the basic
program of group 
health benefits shall be the responsibility of the survivor.

    (a-6) Beginning July 1, 1998, for each person who becomes a 
new TRS
State annuitant and participates in the basic program 
of group health benefits,
the State shall contribute toward the 
cost of the annuitant's coverage under
the basic program of 
group health benefits an amount equal to 5% of that cost
for 
each full year of creditable service
as a teacher as defined in 
paragraph (2), (3), or (5) of Section 16-106 of the
Illinois 
Pension Code
upon which the annuitant's retirement annuity is 
based, up to a maximum of
100%;
except that
the State 
contribution shall be 12.5% per year (rather than 5%) for each 
full
year of creditable service as a regional superintendent or 
assistant regional
superintendent of schools.  The
remainder of 
the cost of a new TRS State annuitant's coverage under the 
basic
program of group health benefits shall be the 
responsibility of the
annuitant.

    (a-7) Beginning July 1, 1998, for each person who becomes a 
new TRS
State survivor and participates in the basic program of 
group health benefits,
the State shall contribute toward the 
cost of the survivor's coverage under the
basic program of 
group health benefits an amount equal to 5% of that cost for

each full year of the deceased employee's or deceased 
annuitant's creditable
service
as a teacher as defined in 
paragraph (2), (3), or (5) of Section 16-106 of the
Illinois 
Pension Code
on the date of death, up to a maximum of 100%;

except that the State contribution shall be 12.5% per year 
(rather than 5%) for
each full year of the deceased employee's 
or deceased annuitant's creditable
service as a regional 
superintendent or assistant regional superintendent of

schools.
The remainder of
the cost of the new TRS State 
survivor's coverage under the basic program of
group health 
benefits shall be the responsibility of the survivor.

    (a-8) A new SERS annuitant, new SERS survivor, new SURS

annuitant, new SURS survivor, new TRS State
annuitant, or new 
TRS State survivor may waive or terminate coverage in
the 
program of group health benefits.  Any such annuitant or 
survivor
who has waived or terminated coverage may enroll or 
re-enroll in the
program of group health benefits only during 
the annual benefit choice period,
as determined by the 
Director; except that in the event of termination of
coverage 
due to nonpayment of premiums, the annuitant or survivor
may 
not re-enroll in the program.

    (a-9) No later than May 1 of each calendar year, the 
Director
of Central Management Services shall certify in 
writing to the Executive
Secretary of the State Employees' 
Retirement System of Illinois the amounts
of the Medicare 
supplement health care premiums and the amounts of the
health 
care premiums for all other retirees who are not Medicare 
eligible.

    A separate calculation of the premiums based upon the 
actual cost of each
health care plan shall be so certified.

    The Director of Central Management Services shall provide 
to the
Executive Secretary of the State Employees' Retirement 
System of
Illinois such information, statistics, and other data 
as he or she
may require to review the premium amounts 
certified by the Director
of Central Management Services.

    (b) State employees who become eligible for this program on 
or after January
1, 1980 in positions normally requiring actual 
performance of duty not less
than 1/2 of a normal work period 
but not equal to that of a normal work period,
shall be given 
the option of participating in the available program. If the

employee elects coverage, the State shall contribute on behalf 
of such employee
to the cost of the employee's benefit and any 
applicable dependent supplement,
that sum which bears the same 
percentage as that percentage of time the
employee regularly 
works when compared to normal work period.

    (c) The basic non-contributory coverage from the basic 
program of
group health benefits shall be continued for each 
employee not in pay status or
on active service by reason of 
(1) leave of absence due to illness or injury,
(2) authorized 
educational leave of absence or sabbatical leave, or (3)

military leave with pay and benefits. This coverage shall 
continue until
expiration of authorized leave and return to 
active service, but not to exceed
24 months for leaves under 
item (1) or (2). This 24-month limitation and the
requirement 
of returning to active service shall not apply to persons 
receiving
ordinary or accidental disability benefits or 
retirement benefits through the
appropriate State retirement 
system or benefits under the Workers' Compensation
or 
Occupational Disease Act.

    (d) The basic group life insurance coverage shall continue, 
with
full State contribution, where such person is (1) absent 
from active
service by reason of disability arising from any 
cause other than
self-inflicted, (2) on authorized educational 
leave of absence or
sabbatical leave, or (3) on military leave 
with pay and benefits.

    (e) Where the person is in non-pay status for a period in 
excess of
30 days or on leave of absence, other than by reason 
of disability,
educational or sabbatical leave, or military 
leave with pay and benefits, such
person may continue coverage 
only by making personal
payment equal to the amount normally 
contributed by the State on such person's
behalf. Such payments 
and coverage may be continued: (1) until such time as
the 
person returns to a status eligible for coverage at State 
expense, but not
to exceed 24 months, (2) until such person's 
employment or annuitant status
with the State is terminated, or 
(3) for a maximum period of 4 years for
members on military 
leave with pay and benefits and military leave without pay
and 
benefits (exclusive of any additional service imposed pursuant 
to law).

    (f) The Department shall  establish by rule the extent to 
which other
employee benefits will continue for persons in 
non-pay status or who are
not in active service.

    (g) The State shall not pay the cost of the basic 
non-contributory
group life insurance, program of health 
benefits and other employee benefits
for members who are 
survivors as defined by paragraphs (1) and (2) of
subsection 
(q) of Section 3 of this Act.  The costs of benefits for these

survivors shall be paid by the survivors or by the University 
of Illinois
Cooperative Extension Service, or any combination 
thereof.
However, the State shall pay the amount of the 
reduction in the cost of
participation, if any, resulting from 
the amendment to subsection (a) made
by this amendatory Act of 
the 91st General Assembly.

    (h) Those persons occupying positions with any department 
as a result
of emergency appointments pursuant to Section 8b.8 
of the Personnel Code
who are not considered employees under 
this Act shall be given the option
of participating in the 
programs of group life insurance, health benefits and
other 
employee benefits.  Such persons electing coverage may 
participate only
by making payment equal to the amount normally 
contributed by the State for
similarly situated employees.  Such 
amounts shall be determined by the
Director.  Such payments and 
coverage may be continued until such time as the
person becomes 
an employee pursuant to this Act or such person's appointment 
is
terminated.

    (i) Any unit of local government within the State of 
Illinois
may apply to the Director to have its employees, 
annuitants, and their
dependents provided group health 
coverage under this Act on a non-insured
basis.  To participate, 
a unit of local government must agree to enroll
all of its 
employees, who may select coverage under either the State group

health benefits plan or a health maintenance organization that 
has
contracted with the State to be available as a health care 
provider for
employees as defined in this Act.  A unit of local 
government must remit the
entire cost of providing coverage 
under the State group health benefits plan
or, for coverage 
under a health maintenance organization, an amount determined

by the Director based on an analysis of the sex, age, 
geographic location, or
other relevant demographic variables 
for its employees, except that the unit of
local government 
shall not be required to enroll those of its employees who are

covered spouses or dependents under this plan or another group 
policy or plan
providing health benefits as long as (1) an 
appropriate official from the unit
of local government attests 
that each employee not enrolled is a covered spouse
or 
dependent under this plan or another group policy or plan, and 
(2) at least
85% of the employees are enrolled and the unit of 
local government remits
the entire cost of providing coverage 
to those employees, except that a
participating school district 
must have enrolled at least 85% of its full-time
employees who 
have not waived coverage under the district's group health
plan 
by participating in a component of the district's cafeteria 
plan.  A
participating school district is not required to enroll 
a full-time employee
who has waived coverage under the 
district's health plan, provided that an
appropriate official 
from the participating school district attests that the

full-time employee has waived coverage by participating in a 
component of the
district's cafeteria plan.  For the purposes of 
this subsection, "participating
school district" includes a 
unit of local government whose primary purpose is
education as 
defined by the Department's rules.

    Employees of a participating unit of local government who 
are not enrolled
due to coverage under another group health 
policy or plan may enroll in
the event of a qualifying change 
in status, special enrollment, special
circumstance as defined 
by the Director, or during the annual Benefit Choice
Period.  A 
participating unit of local government may also elect to cover 
its
annuitants.  Dependent coverage shall be offered on an 
optional basis, with the
costs paid by the unit of local 
government, its employees, or some combination
of the two as 
determined by the unit of local government.  The unit of local

government shall be responsible for timely collection and 
transmission of
dependent premiums.

    The Director shall annually determine monthly rates of 
payment, subject
to the following constraints:


        (1) In the first year of coverage, the rates shall be 
    equal to the
amount normally charged to State employees for 
    elected optional coverages
or for enrolled dependents 
    coverages or other contributory coverages, or
contributed 
    by the State for basic insurance coverages on behalf of its

    employees, adjusted for differences between State 
    employees and employees
of the local government in age, 
    sex, geographic location or other relevant
demographic 
    variables, plus an amount sufficient to pay for the 
    additional
administrative costs of providing coverage to 
    employees of the unit of
local government and their 
    dependents.


        (2) In subsequent years, a further adjustment shall be 
    made to reflect
the actual prior years' claims experience 
    of the employees of the unit of
local government.

    In the case of coverage of local government employees under 
a health
maintenance organization, the Director shall annually 
determine for each
participating unit of local government the 
maximum monthly amount the unit
may contribute toward that 
coverage, based on an analysis of (i) the age,
sex, geographic 
location, and other relevant demographic variables of the

unit's employees and (ii) the cost to cover those employees 
under the State
group health benefits plan.  The Director may 
similarly determine the
maximum monthly amount each unit of 
local government may contribute toward
coverage of its 
employees' dependents under a health maintenance organization.

    Monthly payments by the unit of local government or its 
employees for
group health benefits plan or health maintenance 
organization coverage shall
be deposited in the Local 
Government Health Insurance Reserve Fund.

    The Local Government Health Insurance Reserve Fund shall be 
a continuing
fund not subject to fiscal year limitations. All 
revenues arising from the administration of the health benefits 
program established under this Section shall be deposited into 
the Local Government Health Insurance Reserve Fund.  All 
expenditures from this Fund
shall be used for payments for 
health care benefits for local government and rehabilitation 
facility
employees, annuitants, and dependents, and to 
reimburse the Department or
its administrative service 
organization for all expenses incurred in the
administration of 
benefits.  No other State funds may be used for these
purposes.

    A local government employer's participation or desire to 
participate
in a program created under this subsection shall 
not limit that employer's
duty to bargain with the 
representative of any collective bargaining unit
of its 
employees.

    (j) Any rehabilitation facility within the State of 
Illinois may apply
to the Director to have its employees, 
annuitants, and their eligible
dependents provided group 
health coverage under this Act on a non-insured
basis. To 
participate, a rehabilitation facility must agree to enroll all

of its employees and remit the entire cost of providing such 
coverage for
its employees, except that the rehabilitation 
facility shall not be
required to enroll those of its employees 
who are covered spouses or
dependents under this plan or 
another group policy or plan providing health
benefits as long 
as (1) an appropriate official from the rehabilitation
facility 
attests that each employee not enrolled is a covered spouse or

dependent under this plan or another group policy or plan, and 
(2) at least
85% of the employees are enrolled and the 
rehabilitation facility remits
the entire cost of providing 
coverage to those employees.  Employees of a
participating 
rehabilitation facility who are not enrolled due to coverage

under another group health policy or plan may enroll
in the 
event of a qualifying change in status, special enrollment, 
special
circumstance as defined by the Director, or during the 
annual Benefit Choice
Period.  A participating rehabilitation 
facility may also elect
to cover its annuitants. Dependent 
coverage shall be offered on an optional
basis, with the costs 
paid by the rehabilitation facility, its employees, or
some 
combination of the 2 as determined by the rehabilitation 
facility. The
rehabilitation facility shall be responsible for 
timely collection and
transmission of dependent premiums.

    The Director shall annually determine quarterly rates of 
payment, subject
to the following constraints:


        (1) In the first year of coverage, the rates shall be 
    equal to the amount
normally charged to State employees for 
    elected optional coverages or for
enrolled dependents 
    coverages or other contributory coverages on behalf of
its 
    employees, adjusted for differences between State 
    employees and
employees of the rehabilitation facility in 
    age, sex, geographic location
or other relevant 
    demographic variables, plus an amount sufficient to pay
for 
    the additional administrative costs of providing coverage 
    to employees
of the rehabilitation facility and their 
    dependents.


        (2) In subsequent years, a further adjustment shall be 
    made to reflect
the actual prior years' claims experience 
    of the employees of the
rehabilitation facility.

    Monthly payments by the rehabilitation facility or its 
employees for
group health benefits shall be deposited in the 
Local Government Health
Insurance Reserve Fund.

    (k) Any domestic violence shelter or service within the 
State of Illinois
may apply to the Director to have its 
employees, annuitants, and their
dependents provided group 
health coverage under this Act on a non-insured
basis.  To 
participate, a domestic violence shelter or service must agree 
to
enroll all of its employees and pay the entire cost of 
providing such coverage
for its employees.  A participating 
domestic violence shelter may also elect
to cover its 
annuitants.  Dependent coverage shall be offered on an optional

basis, with
employees, or some combination of the 2 as 
determined by the domestic violence
shelter or service.  The 
domestic violence shelter or service shall be
responsible for 
timely collection and transmission of dependent premiums.

    The Director shall annually determine rates of payment,

subject to the following constraints:


        (1) In the first year of coverage, the rates shall be 
    equal to the
amount normally charged to State employees for 
    elected optional coverages
or for enrolled dependents 
    coverages or other contributory coverages on
behalf of its 
    employees, adjusted for differences between State 
    employees and
employees of the domestic violence shelter or 
    service in age, sex, geographic
location or other relevant 
    demographic variables, plus an amount sufficient
to pay for 
    the additional administrative costs of providing coverage 
    to
employees of the domestic violence shelter or service 
    and their dependents.


        (2) In subsequent years, a further adjustment shall be 
    made to reflect
the actual prior years' claims experience 
    of the employees of the domestic
violence shelter or 
    service.

    Monthly payments by the domestic violence shelter or 
service or its employees
for group health insurance shall be 
deposited in the Local Government Health
Insurance Reserve 
Fund.

    (l) A public community college or entity organized pursuant 
to the
Public Community College Act may apply to the Director 
initially to have
only annuitants not covered prior to July 1, 
1992 by the district's health
plan provided health coverage 
under this Act on a non-insured basis.  The
community college 
must execute a 2-year contract to participate in the
Local 
Government Health Plan.
Any annuitant may enroll in the event 
of a qualifying change in status, special
enrollment, special 
circumstance as defined by the Director, or during the
annual 
Benefit Choice Period.

    The Director shall annually determine monthly rates of 
payment subject to
the following constraints:  for those 
community colleges with annuitants
only enrolled, first year 
rates shall be equal to the average cost to cover
claims for a 
State member adjusted for demographics, Medicare

participation, and other factors; and in the second year, a 
further adjustment
of rates shall be made to reflect the actual 
first year's claims experience
of the covered annuitants.

    (l-5) The provisions of subsection (l) become inoperative 
on July 1, 1999.

    (m) The Director shall adopt any rules deemed necessary for

implementation of this amendatory Act of 1989 (Public Act 
86-978).

(Source: P.A. 92-16, eff. 6-28-01; 93-839, eff. 7-30-04.)

 



    (5 ILCS 375/13.1)  (from Ch. 127, par. 533.1)


    Sec. 13.1. (a) All contributions, appropriations, 
interest, and dividend
payments to fund the program of health 
benefits and other employee benefits, and all other revenues 
arising from the administration of any employee health benefits 
program,
shall be deposited in a trust fund outside the State 
Treasury, with the State
Treasurer as ex-officio custodian, to 
be known as the Health Insurance Reserve
Fund.

    (b) Upon the adoption of a self-insurance health plan, any 
monies
attributable to the group health insurance program shall 
be deposited in or
transferred to the Health Insurance Reserve 
Fund for use by the Department.
As of the effective date of 
this amendatory Act of 1986, the Department
shall certify to 
the Comptroller the amount of money in the Group Insurance

Premium Fund attributable to the State group health insurance 
program and the
Comptroller shall transfer such money from the 
Group Insurance Premium Fund
to the Health Insurance Reserve 
Fund. Contributions by the State to the
Health Insurance 
Reserve Fund to meet the requirements of this Act, as

established by the Director, from the General Revenue Fund and 
the Road
Fund to the Health Insurance Reserve Fund shall be by 
annual
appropriations, and all other contributions to meet the 
requirements of the
programs of health benefits or other 
employee benefits shall be deposited
in the Health Insurance 
Reserve Fund.  The Department shall draw the
appropriation from 
the General Revenue Fund and the Road Fund from time to
time as 
necessary to make expenditures authorized under this Act.

    The Director may employ such assistance and services and 
may purchase
such goods as may be necessary for the proper 
development and
administration of any of the benefit programs 
authorized by this Act.  The
Director may promulgate rules and 
regulations in regard to the
administration of these programs.

    All monies received by the Department for deposit in or 
transfer to the
Health Insurance Reserve Fund, through 
appropriation or otherwise, shall be
used to provide for the 
making of payments to claimants and providers and
to reimburse 
the Department for all expenses directly incurred relating to

Department development and administration of the program of 
health benefits
and other employee benefits.

    Any administrative service organization administering any 
self-insurance
health plan and paying claims and benefits under 
authority of this Act may
receive, pursuant to written 
authorization and direction of the Director,
an initial 
transfer and periodic transfers of funds from the Health

Insurance Reserve Fund in amounts determined by the Director 
who may
consider the amount recommended by the administrative 
service organization.
 Notwithstanding any other statute, such 
transferred funds shall be
retained by the administrative 
service organization in a separate
account provided by any bank 
as defined by the Illinois Banking
Act.  The Department may 
promulgate regulations further defining the banks
authorized 
to accept such funds and all methodology for transfer of such

funds.  Any interest earned by monies in such
account shall 
inure to the Health Insurance Reserve Fund, shall remain
in 
such account and shall be used exclusively to pay claims and 
benefits
under this Act.  Such transferred funds shall be used 
exclusively for
administrative service organization payment of 
claims to claimants and
providers under the self-insurance 
health plan by the drawing of checks
against such account.  The 
administrative service organization may not use
such 
transferred funds, or interest accrued thereon, for any other 
purpose
including, but not limited to, reimbursement of 
administrative expenses or
payments of administration fees due 
the organization pursuant to its
contract or contracts with the 
Department of Central Management Services.

    The account of the administrative service organization 
established under
this Section, any transfers from the Health 
Insurance Reserve Fund to
such account and the use of such 
account and funds shall be subject
to (1) audit by the 
Department or private contractor authorized by the
Department 
to conduct audits, and (2) post audit pursuant to the
Illinois 
State Auditing Act.

    (c) The Director, with the advice and consent of the 
Commission, shall
establish premiums for optional coverage for 
dependents of eligible members
for the health plans.  The 
eligible members
shall be responsible for their portion of such 
optional
premium.  The State shall
contribute an amount per 
month for each eligible member who has
enrolled one or more 
dependents under the health plans.  Such contribution
shall be 
made directly to the Health Insurance
Reserve Fund.  Those 
employees described in subsection (b) of Section 9 of this
Act 
shall be allowed to continue in the health plan by
making 
personal payments with the premiums to be deposited
in the 
Health Insurance Reserve Fund.

    (d) The Health Insurance Reserve Fund shall be a continuing 
fund not subject
to fiscal year limitations.  All expenditures 
from that fund shall be at
the direction of the Director and 
shall be only for the purpose of:


        (1) the payment of administrative expenses incurred by 
    the Department
for the program of health benefits or other 
    employee benefit programs,
including but not limited to the 
    costs of audits or actuarial
consultations, professional 
    and contractual services, electronic data
processing 
    systems and services, and expenses in connection with the

    development and administration of such programs;


        (2) the payment of administrative expenses incurred by 
    the Administrative
Service Organization;


        (3) the payment of health benefits;


        (4) refunds to employees for erroneous payments of 
    their selected
dependent coverage;


        (5) payment of premium for stop-loss or re-insurance;


        (6) payment of premium to health maintenance 
    organizations pursuant to
Section 6.1 of this Act;


        (7) payment of adoption program benefits; and


        (8) payment of other benefits offered to members and 
    dependents under
this Act.

(Source: P.A. 91-390, eff. 7-30-99.)



 
    Section 5-10. The Department of Commerce and Economic 
Opportunity Law of the
Civil Administrative Code of Illinois is 
amended  by adding Section 605-812 as follows:
 
    (20 ILCS 605/605-812 new)

    Sec. 605-812. Employment opportunities grant program.
    (a) The Department shall administer a grant program to 
expand employment opportunities for targeted populations in 
eligible grant areas in Illinois.  The goal of the program shall 
be to expand the number of people in targeted populations who 
enter and complete building trades apprenticeship programs and 
achieve journey-level status within a building trades union.
    (b) All successful grant applicants shall be required to 
partner with a joint labor and management-sponsored 
apprenticeship program or programs.   All successful grant 
applicants must provide participating individuals with paid 
employment opportunities while participating in the program.
    (c) The Department shall establish criteria for (i) 
prioritizing grant requests from eligible grant applicants and 
(ii) determining what project activities qualify for funding.  
Entities eligible to apply for grant funding shall include:  
community-based organizations and educational institutions.  
These eligible entities shall have the following capabilities:  
a demonstrated expertise in serving targeted populations; 
knowledge of the construction industry; demonstrated success 
in placing clients in employment; previous experience offering 
employment services for targeted populations; and expertise in 
preparing workers for employment in the building trades.
    (d) The Department shall determine the targeted 
populations to be served by the program.  The Department shall 
establish geographic boundaries of eligible grant areas.
    (e) The Department shall require all successful grant 
applicants to report quarterly on implementation of planned 
activities and success in reaching key milestones.  Successful 
grant applicants must also maintain and report 
individual-level information on types of services received and 
resulting outcomes, including placement into specific 
apprenticeship programs.
    (f) The Department shall report to the Governor and the 
General Assembly on December 31, 2007 and on December 31 of 
each year thereafter as long as grant-funded activities are 
provided on the activities undertaken by all successful grant 
applicants.   The report shall include an evaluation of those 
activities and their success in assisting participating 
individuals to enter and complete building trades 
apprenticeship programs and achieve journey-level status.

 
    Section 5-15. The Renewable Energy, Energy Efficiency, and 
Coal Resources
Development Law of 1997 is amended  by changing 
Section 6-4 as follows:
 



    (20 ILCS 687/6-4)



    (Section scheduled to be repealed on December 16, 2007)

    Sec. 6-4. Renewable Energy Resources Trust Fund. 

    (a) A fund to be called the Renewable Energy Resources

Trust Fund is hereby established in the State Treasury.

    (b) The Renewable Energy Resources Trust Fund shall be

administered by the Department to provide grants, loans, and

other incentives to foster investment in and the development

and use of renewable energy resources as provided in Section

6-3 of this Law or pursuant to the Illinois Renewable Fuels 
Development Program Act.

    (c) All funds used by the Department for the Renewable

Energy Resources Program shall be subject to appropriation by

the General Assembly.

(Source: P.A. 90-561, eff. 12-16-97.)

 
    Section 5-20. The Illinois Renewable Fuels Development 
Program Act is amended  by changing Section 20 as follows:
 
    (20 ILCS 689/20)

    Sec. 20. Grants.  Subject to appropriation from the Build 
Illinois Bond
Fund,
the
Director is authorized to award grants 
to eligible applicants. The annual
aggregate
amount of grants 
awarded shall not exceed $20,000,000
$15,000,000.


(Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03.)


 
    Section 5-25. The Mental Health and Developmental 
Disabilities Administrative Act is amended  by changing Section 
18.4 as follows:
 



    (20 ILCS 1705/18.4)


    Sec. 18.4. Community Mental Health Medicaid Trust Fund; 
reimbursement. 

    (a) The Community Mental Health Medicaid Trust Fund is 
hereby created
in the State Treasury.

    (b) Except as otherwise provided in this Section, effective 
in the first fiscal year following repayment of interfund 
transfers under subsection (b-1), amounts
the first 
$73,000,000 paid to the State by the federal government under 
Title XIX
or Title XXI of the Social Security Act for services 
delivered by community
mental health services providers, and 
any interest earned thereon, shall be
deposited as follows:
        (1) The first $75,000,000 shall be deposited directly 
    into the Community Mental Health Medicaid Trust Fund to be 
    used for the purchase of community mental health services;
        (2) The next $4,500,000 shall be deposited directly 
    into the Community Mental Health Medicaid Trust Fund to be 
    used by the Department of Human Services' Division of 
    Mental Health for the oversight and administration of 
    community mental health services and up to $1,000,000 of 
    this amount may be used for support of community mental 
    health service initiatives; and
        (3) Any additional amounts shall be deposited 50% into 
    the Community Mental Health Medicaid Trust Fund to be used 
    for the purchase of community mental health services and 
    50% into the General Revenue Fund.
directly into the 
    Community Mental Health Medicaid Trust Fund. The next 
    $25,000,000 shall be deposited into the General Revenue 
    Fund. Amounts received in excess of $98,000,000 in any 
    State fiscal year after fiscal year 2006 shall be deposited 
    50% into the General Revenue Fund and 50% into the 
    Community   Mental Health Medicaid Trust Fund. The 
    Department shall analyze the budgeting and programmatic 
    impact of this funding allocation and report to the 
    Governor and the General Assembly the results of this 
    analysis and any recommendations for change, no later than 
    December 31, 2005.


    (b-1) For State fiscal year 2005, the first $73,000,000 in 
any funds paid to the State by the federal government under 
Title XIX or Title XXI of the Social Security Act for services 
delivered by community mental health services providers, and 
any interest earned thereon, shall be deposited directly into 
the Community Mental Health Medicaid Trust Fund before any 
deposits are made into the General Revenue Fund. The next 
$25,000,000, less any deposits made prior to the effective date 
of this amendatory Act of the 94th General Assembly, shall be 
deposited into the General Revenue Fund. Amounts received in 
excess of $98,000,000 shall be deposited 50% into the General 
Revenue Fund and 50% into the Community Mental Health Medicaid 
Trust Fund. At the direction of the Director of Healthcare and 
Family Services
Public Aid, on April 1, 2005, or as soon 
thereafter as practical, the Comptroller shall direct and the 
State Treasurer shall transfer amounts not to exceed 
$14,000,000 into the Community Mental Health Medicaid Trust

Fund from the Public Aid Recoveries Trust Fund.
    (b-2) For State fiscal year 2006, and in subsequent fiscal 
years until any transfers under subsection (b-1) are repaid, 
the first $73,000,000 in any funds paid to the State by the 
federal government under Title XIX or Title XXI of the Social 
Security Act for services delivered by community mental health 
services providers, and any interest earned thereon, shall be 
deposited directly into the Community Mental Health Medicaid

Trust Fund. Then the next $14,000,000, or such amount as was 
transferred under subsection (b-1) at the direction of the 
Director of Healthcare and Family Services
Public Aid, shall be 
deposited into the Public Aid Recoveries Trust Fund. The next 
$11,000,000 shall be deposited into the General Revenue Fund.

Any additional amounts received shall be deposited in 
accordance with subsection (b)
50% into the General Revenue 
Fund and 50% into the Community Mental Health Medicaid Trust 
Fund.

    (c) The Department shall reimburse community mental health 
services
providers for Medicaid-reimbursed mental health

services provided to eligible
individuals.  Moneys in the 
Community Mental Health Medicaid Trust Fund may be
used for 
that purpose.

    (d) As used in this Section:

    "Medicaid-reimbursed mental health services" means 
services provided by a
community mental health provider under 
an agreement with the Department that
is eligible for 
reimbursement under the federal Title XIX program or Title XXI

program.

    "Community mental health provider
Provider" means a 
community agency that is funded by the Department to
provide a 
Medicaid-reimbursed service.

    "Service
Services" means a mental health service
services

provided pursuant to the provisions of administrative rules 
adopted by the Department and funded by the Department of Human 
Services' Division of Mental Health.
under one of the
following 
programs:


        (1) Medicaid Clinic Option;


        (2) Medicaid Rehabilitation Option;


        (3) Targeted Case Management.

(Source: P.A. 93-841, eff. 7-30-04; 94-58, eff. 6-17-05.)


 
    Section 5-35. The Illinois Global Partnership Act is 
amended  by changing Section 50 as follows:
 
    (20 ILCS 3948/50)

    Sec. 50. Finances; audits; annual report. 
    (a)  IGP may accept funds, grants, gifts, and services from 
the government of the United States or its agencies, from this 
State or its departments, agencies, or instrumentalities, from 
any other governmental unit, and from private and civic sources 
for the purpose of funding any projects authorized by this Act. 
IGP may receive appropriations.
    (b)  Services of personnel, use of equipment and office 
space, and other necessary services may be accepted from 
members of the board as part of IGP's financial support.
    (c) State funds appropriated for the operations and 
functions of IGP  for fiscal year 2011 and each fiscal year 
thereafter should not exceed 60% of IGP's funding from all 
sources for the fiscal year.

          
    (d)  The board shall arrange for the annual financial audit 
of IGP by one or more independent certified public accountants 
in accordance with generally accepted accounting principles.  
The annual audit results shall be included in the annual report 
required under subsection (e).


    (e)  IGP shall report annually on its activities and 
finances to the Governor and the members of the General 
Assembly.





    (f) Payments by the IGP to the Department of Agriculture as 
reimbursement for employee costs as provided in Section 45 and 
for proportionate lease payments for office space for employees 
shall be deposited into the Agricultural Premium Fund.

(Source: P.A. 94-388, eff. 7-29-05.)
 
    Section 5-36. The I-FLY Act is amended  by changing Sections 
10, 15, 20, and 25 as follows:
 



    (20 ILCS 3958/10)



    Sec. 10. Definitions. As used in this Act:

    "Air carrier" means an entity that provides commercial 
passenger air
transportation.

    "Commission" means the Air Service Commission.

    "Department" means the Department of Transportation.

(Source: P.A. 93-585, eff. 8-22-03.)

 



    (20 ILCS 3958/15)


    Sec. 15. I-FLY Fund. 

    (a) The I-FLY Fund is created as a special fund in the 
State
treasury. Moneys may be deposited into the Fund from: (1) 
appropriations made
by the General Assembly and units of local 
government to the Fund, (2) federal
moneys designated for the 
Fund, and (3) any grants or gifts designated for the
Fund.

    (b) The  moneys in the Fund shall be used by the Department

Commission, subject to
appropriation, for air carrier 
recruitment,
and retention program grants,
and for
planning 
grants, and Commission expenses.

(Source: P.A. 93-585, eff. 8-22-03.)


 



    (20 ILCS 3958/20)



    Sec. 20. Air Service Commission. There is created the Air 
Service
Commission. The Commission shall consist of 5 members, 
each of whom has airport
management or air carrier experience, 
or both. The members shall be appointed
by the
Governor, with 
the advice and consent of the Senate, each one from a different

geographical region of the State outside of Cook County. The 
Governor shall
designate
one of the members as the chairperson.

    Members shall serve for a term of 4 years, except that, for 
the initial
members
appointed, one shall serve for a term of 5 
years, one for a term of 4 years,
one
for a term
of 3 years, one 
for a term of 2 years, and one for a term of one year. Initial

terms shall
commence on July 1, 2003. Each member shall serve 
until a successor is
appointed and
qualified. Vacancies shall 
be filled in the same manner as
initial appointments. The 
members shall not receive a salary but shall be
reimbursed for

the necessary expenses incurred in the performance of their 
duties.

    The Commission shall administer this Act and is authorized 
to do all
things
reasonable and necessary to accomplish the 
goals of the I-FLY Program in cooperation with the Department.

(Source: P.A. 93-585, eff. 8-22-03.)

 



    (20 ILCS 3958/25)



    Sec. 25. I-FLY Program. 

    (a) The Department
Commission shall establish
the I-FLY 
Program, in cooperation with the Commission. The
Program shall 
consist of the following components:


        (1) air carrier recruitment and retention
grants as 
    described in subsection (c); and


        (2) planning grants under subsection (d).

    The Department
Commission may make grants under this Act 
only to airports that are
located
completely outside of Cook 
County.

    (b) During any one-year period, an airport may receive a 
grant for only
one of the 2 components specified in subsection 
(a).

    (c) Air carrier recruitment and retention program grants.


        (1) An airport may receive an air carrier
recruitment 
    and retention program grant from the Department
Commission

    only if:


            (A) it is capable of supporting
takeoffs and 
        landings by aircraft that have at least 19
passenger 
        seats or have made improvements or
commitments to the 
        Department
Commission to provide this capability; and


            (B) it has a commitment from an air
carrier to 
        start or continue air service to the community
that the 
        airport serves  subject to financial support
from the 
        State and from the airport or unit of local
government 
        that the airport serves. The  commitment must specify 
        that the air
carrier would not
provide or continue to 
        provide service to the community if
financial 
        assistance were not available.


        (2) An application for an air carrier
recruitment and 
    retention program grant must contain commitments from the

    airport or the unit of local government in which the 
    airport is located
as to the amount of the total project 
    cost, the contribution
from the unit of local government or 
    airport, the method
in which the contribution from the 
    airport or unit of local
government will be generated, and 
    the requested State
contribution.


        (3) The air carrier recruitment and retention program 
    grant shall be used
to
guarantee the financial viability of 
    air carriers providing reasonable air
service at the

    airport.
A grant under this subsection (c) to a particular 
    airport may
be in only one of the following 3 forms:


            (A) A grant may be used to guarantee that an air 
        carrier shall
receive an agreed amount of revenue per 
        flight.


            (B) A grant may be used to guarantee a reduced or

        subsidized consumer ticket price.


            (C) A grant may be used to guarantee a profit goal 
        established by the
air
carrier and airport.


        (4) During the first year of a grant under this 
    subsection
(c), the grant shall pay 80% of the total
cost 
    of the guarantee and the airport or unit of local 
    government in which
the
airport is
located shall pay 20% of 
    the total cost of the guarantee. During the second
year
of 
    a grant under this subsection
(c), the grant shall pay 50% 
    of the total
cost of the guarantee and the airport or the 
    unit of local government in which
the
airport is
located 
    shall pay 50% of the total
cost of the guarantee.


        (5) The total State funding for a
grant under this 
    subsection (c) to a particular airport may not exceed

    $1,000,000 in any year.


        (6) An airport that has received a 2-year grant
under 
    this subsection (c) may apply for another grant for an

    additional 2-year period; however, the Department

    Commission shall, in determining
whether to make a grant 
    for an additional 2-year period, give priority to other

    airports that have not previously
received a grant under 
    this subsection (c).  The Department
Commission shall also

    give priority in making grants under this subsection (c) to 
    airports at which
the Department
Commission determines 
    that a 2-year grant may result in
the creation of stable 
    and reliable commercial air
service without an additional 
    grant.

    (d) Planning grants. An airport may apply for and receive a 
planning
grant to conduct feasibility studies or business plans

designed to study the recruitment, retention, or expansion of

an air carrier at the airport. To be
eligible for a grant under 
this subsection (d), the airport
must have the potential for 
initial or expanded air service
as the Department
Commission

determines through its evaluation process.
The grant shall pay 
70% of the total cost of the feasibility studies or
business

plans and the airport or the unit of local government in which 
the
airport is located shall pay 30% of the total cost of the 
feasibility studies
or
business plans. An airport may receive 
only one planning
grant.

(Source: P.A. 93-585, eff. 8-22-03.)

 
    Section 5-37. The Compensation Review Act is amended  by 
changing Section 2 as follows:
 



    (25 ILCS 120/2)  (from Ch. 63, par. 902)



    Sec. 2. There is created the Compensation Review Board, 
hereinafter referred
to as the Board, as an independent 
commission within the legislative branch of State government.

    The Board shall consist of l2 members, appointed 3 each by 
the Speaker
of the House of Representatives, the Minority 
Leader thereof, the President
of the Senate, and the Minority 
Leader thereof.  Members shall be adults
and be residents of 
Illinois.  Members may not be members or employees or
former 
members or employees of the judicial, executive or legislative 
branches
of State government; nor may members be persons 
registered under the Lobbyist
Registration Act.  Any member may 
be reappointed for a consecutive term.  The
respective 
appointing legislative leader may remove any such appointed

member prior to the expiration of his term on the Board for 
official
misconduct, incompetence or neglect of duty.

    Members shall serve without compensation but shall receive 
an allowance
for living expenses incurred in the performance of 
their official duties in
an amount per day equal to the amount 
permitted to be deducted for such
expenses by members of the 
General Assembly under the federal Internal
Revenue Code, as 
now or hereafter amended.  The rate for reimbursement of
mileage 
expenses shall be equal to the amount established from time to 
time
for members of the General Assembly.  
    The Board may, without regard to the
Personnel Code, employ 
and fix the compensation or remuneration of
employees and 
contract for personal and professional services as it considers 
necessary or desirable.  The General Assembly
shall appropriate 
to the Commission on Government Forecasting and Accountability

the funds necessary to operate the Board, and the Commission 
shall prepare and submit vouchers on behalf of the Board and 
provide other fiscal services to the Board as the Board 
requests and  directs; but the Commission shall not exercise any 
authority or control over the Board or its employees or 
contractors.

(Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)

 
    Section 5-40. The State Finance Act is amended  by changing 
Sections 6p-5, 6z-32, 6z-63, 6z-64, 8.3, 8.16c, 8.43, 8.44, 
8.55, 8g, 8h, and 13.2 and by adding Sections 5.663 and 8.45 as 
follows:

 
    (30 ILCS 105/5.663 new)

    Sec. 5.663. The Pension Stabilization Fund.

 



    (30 ILCS 105/6p-5)



    Sec. 6p-5. Efficiency Initiatives Revolving Fund. Amounts 
designated by the Director of Central Management Services and 
approved
by
the Governor as savings from the efficiency 
initiatives authorized by Section
405-292 of the Department of 
Central Management Services Law of the Civil
Administrative 
Code of Illinois shall be paid
into
the Efficiency Initiatives 
Revolving Fund.  State agencies shall pay these
amounts into the 
Efficiency Initiatives Revolving Fund from the line item

appropriations where the cost savings are anticipated to occur.  
The money in
this fund shall be used by the Department for 
expenses incurred in connection
with the efficiency 
initiatives authorized by Section 405-292 of the
Department
of 
Central Management Services Law of the Civil Administrative 
Code of
Illinois or for payment of Facilities Management 
Revolving Fund billings issued to the Department, as authorized 
under Section 6z-65.  On or before August 31, 2004, and each 
August 31 thereafter, the
Department of Central Management 
Services shall transfer excess balances in the
Efficiency 
Initiatives Revolving Fund to the General Revenue Fund.  As used 
in
this Section, "excess balances" means amounts in excess of 
the amount necessary
to fund current and anticipated efficiency 
initiatives.

(Source: P.A. 93-25, eff. 6-20-03.)

 



    (30 ILCS 105/6z-32)


    Sec. 6z-32. Conservation 2000. 

    (a) The Conservation 2000 Fund and 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 Environmental 
Protection Agency and the
Departments of Agriculture, Natural 
Resources, and
Transportation for purposes relating to natural 
resource protection,
recreation, tourism, 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
and sedimentation, 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, 
    including 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 conduct an extensive review of existing Illinois 
    water laws.

    (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, 2009,
from the 
General Revenue Fund to the Conservation 2000 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:

































Fiscal Year Amount
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
2007 through 2009..................
$14,000,000

    (c) Notwithstanding any other provision of law to the 
contrary and in addition to any other transfers that may be 
provided for by law, on the last day of each month beginning on 
July 31, 2006 and ending on June 30, 2007, or as soon 
thereafter as may be practical, the State Comptroller shall 
direct and the State Treasurer shall transfer $1,000,000 from 
the Open Space Lands Acquisition and Development Fund to the 
Conservation 2000 Fund.

    (d)
(c) There shall be deposited into the Conservation 2000 
Projects Fund such
bond proceeds and other moneys as may, from 
time to time, be provided by law.

(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)

 
    (30 ILCS 105/6z-63)

    Sec. 6z-63. The Professional Services Fund.
    (a) The Professional Services Fund is created as a 
revolving fund in the State treasury. The following moneys 
shall be deposited into the Fund:
        (1) amounts authorized for transfer to the Fund from 
    the General Revenue Fund and other State funds (except for 
    funds classified by the Comptroller as federal trust funds 
    or State trust funds) pursuant to State law or Executive 
    Order;
        (2) federal funds received by the Department of Central 
    Management Services (the "Department") as a result of 
    expenditures from the Fund;
        (3) interest earned on moneys in the Fund; and
        (4) receipts or inter-fund transfers resulting from 
    billings issued by the Department to State agencies for the 
    cost of professional services   rendered  by the Department 
    that are not compensated through the specific fund 
    transfers  authorized by this Section.
    (b)   Moneys in the Fund may be used by the Department  for 
reimbursement or payment for:
        (1) providing professional services to  State agencies 
    or other State entities;
        (2) rendering other services to State agencies at the 
    Governor's direction or to other State entities upon 
    agreement between the Director of Central Management 
    Services and the appropriate official or governing body of 
    the other State entity; or
        (3) providing for payment of administrative and other 
    expenses incurred by the Department in providing 
    professional services.
    (c) State agencies or other State entities may direct the 
Comptroller to process inter-fund

transfers or make payment 
through the voucher and warrant process to the Professional 
Services Fund in satisfaction  of billings issued under 
subsection (a) of this Section.
    (d) Reconciliation. For the fiscal year beginning on July 
1, 2004 only, the Director of Central Management Services (the 
"Director") shall order that each State agency's payments and 
transfers made to the Fund be reconciled with actual Fund costs 
for professional services provided by the Department on no less 
than an annual basis.  The Director may require reports from 
State agencies as deemed necessary to perform this 
reconciliation.
    (e) The following amounts are authorized for transfer into 
the

Professional Services Fund for the fiscal year beginning 
July 1, 2004:
    General Revenue Fund...........................$5,440,431
    Road Fund........................................$814,468
    Motor Fuel Tax Fund..............................$263,500
    Child Support Administrative Fund................$234,013
    Professions Indirect Cost Fund...................$276,800
    Capital Development Board Revolving Fund.........$207,610
    Bank & Trust Company Fund........................$200,214
    State Lottery Fund...............................$193,691
    Insurance Producer Administration Fund...........$174,672
    Insurance Financial Regulation Fund..............$168,327
    Illinois Clean Water Fund........................$124,675
    Clean Air Act (CAA) Permit Fund...................$91,803
    Statistical Services Revolving Fund...............$90,959
    Financial Institution Fund.......................$109,428
    Horse Racing Fund.................................$71,127
    Health Insurance Reserve Fund.....................$66,577
    Solid Waste Management Fund.......................$61,081
    Guardianship and Advocacy Fund.....................$1,068
    Agricultural Premium Fund............................$493
    Wildlife and Fish Fund...............................$247
    Radiation Protection Fund.........................$33,277
    Nuclear Safety Emergency Preparedness Fund........$25,652
    Tourism Promotion Fund............................$6,814

    All of these transfers shall be made on July 1, 2004, or as 
soon thereafter as practical. These transfers shall be made 
notwithstanding any other provision of State law to the 
contrary.

    (e-5) Notwithstanding any other provision of State law to 
the contrary, on or after July 1, 2005 and through June 30, 
2006, in addition to any other transfers that may be provided 
for by law, at the direction of and upon notification from the 
Director of Central Management Services, the State Comptroller 
shall direct and the State Treasurer shall transfer amounts 
into the Professional Services Fund from the designated funds 
not exceeding the following totals:

    Food and Drug Safety Fund..........................$3,249
    Financial Institution Fund........................$12,942
    General Professions Dedicated Fund.................$8,579
    Illinois Department of Agriculture
        Laboratory
  Services Revolving Fund...........$1,963
    Illinois Veterans' Rehabilitation Fund............$11,275
    State Boating Act Fund............................$27,000
    State Parks Fund..................................$22,007
    Agricultural Premium Fund.........................$59,483
    Fire Prevention Fund..............................$29,862
    Mental Health Fund................................$78,213
    Illinois State Pharmacy Disciplinary Fund..........$2,744
    Radiation Protection Fund.........................$16,034
    Solid Waste Management Fund.......................$37,669
    Illinois Gaming Law Enforcement Fund...............$7,260
    Subtitle D Management Fund.........................$4,659
    Illinois State Medical Disciplinary Fund...........$8,602
    Department of Children and
        Family Services Training Fund.................$29,906
    Facility Licensing Fund............................$1,083
    Youth Alcoholism and Substance
        Abuse Prevention Fund..........................$2,783
    Plugging and Restoration Fund......................$1,105
    State Crime Laboratory Fund........................$1,353
    Motor Vehicle Theft Prevention Trust Fund..........$9,190
    Weights and Measures Fund..........................$4,932
    Solid Waste Management Revolving
        Loan Fund......................................$2,735
    Illinois School Asbestos Abatement Fund............$2,166
    Violence Prevention Fund...........................$5,176
    Capital Development Board Revolving Fund..........$14,777
    DCFS Children's Services Fund..................$1,256,594
    State Police DUI Fund..............................$1,434
    Illinois Health Facilities Planning Fund...........$3,191
    Emergency Public Health Fund.......................$7,996
    Fair and Exposition Fund...........................$3,732
    Nursing Dedicated and Professional Fund............$5,792
    Optometric Licensing and Disciplinary Board Fund...$1,032
    Underground Resources Conservation Enforcement Fund.$1,221
    State Rail Freight Loan Repayment Fund.............$6,434
    Drunk and Drugged Driving Prevention Fund..........$5,473
    Illinois Affordable Housing Trust Fund...........$118,222
    Community Water Supply Laboratory Fund............$10,021
    Used Tire Management Fund.........................$17,524
    Natural Areas Acquisition Fund....................$15,501
    Open Space Lands Acquisition
        and Development Fund..........................$49,105
    Working Capital Revolving Fund...................$126,344
    State Garage Revolving Fund.......................$92,513
    Statistical Services Revolving Fund..............$181,949
    Paper and Printing Revolving Fund..................$3,632
    Air Transportation Revolving Fund..................$1,969
    Communications Revolving Fund....................$304,278
    Environmental Laboratory Certification Fund........$1,357
    Public Health Laboratory Services Revolving Fund...$5,892
    Provider Inquiry Trust Fund........................$1,742
    Lead Poisoning Screening,
        Prevention, and Abatement Fund.................$8,200
    Drug Treatment Fund...............................$14,028
    Feed Control Fund..................................$2,472
    Plumbing Licensure and Program Fund................$3,521
    Insurance Premium Tax Refund Fund..................$7,872
    Tax Compliance and Administration Fund.............$5,416
    Appraisal Administration Fund......................$2,924
    Trauma Center Fund................................$40,139
    Alternate Fuels Fund...............................$1,467
    Illinois State Fair Fund..........................$13,844
    State Asset Forfeiture Fund........................$8,210
    Federal Asset Forfeiture Fund......................$6,471
    Department of Corrections Reimbursement
        and Education Fund............................$78,965
    Health Facility Plan Review Fund...................$3,444
    LEADS Maintenance Fund.............................$6,075
    State Offender DNA Identification
        System Fund....................................$1,712
    Illinois Historic Sites Fund.......................$4,511
    Public Pension Regulation Fund.....................$2,313
    Workforce, Technology, and Economic
        Development Fund...............................$5,357
    Renewable Energy Resources Trust Fund.............$29,920
    Energy Efficiency Trust Fund.......................$8,368
    Pesticide Control Fund.............................$6,687
    Conservation 2000 Fund............................$30,764
    Wireless Carrier Reimbursement Fund...............$91,024
    International Tourism Fund........................$13,057
    Public Transportation Fund.......................$701,837
    Horse Racing Fund.................................$18,589
    Death Certificate Surcharge Fund...................$1,901
    State Police Wireless Service
        Emergency Fund.................................$1,012
    Downstate Public Transportation Fund.............$112,085
    Motor Carrier Safety Inspection Fund...............$6,543
    State Police Whistleblower Reward
        and Protection Fund............................$1,894
    Illinois Standardbred Breeders Fund................$4,412
    Illinois Thoroughbred Breeders Fund................$6,635
    Illinois Clean Water Fund.........................$17,579
    Independent Academic Medical Center Fund...........$5,611
    Child Support Administrative Fund................$432,527
    Corporate Headquarters Relocation
        Assistance Fund................................$4,047
    Local Initiative Fund.............................$58,762
    Tourism Promotion Fund............................$88,072
    Digital Divide Elimination Fund...................$11,593
    Presidential Library and Museum Operating Fund.....$4,624
    Metro-East Public Transportation Fund.............$47,787
    Medical Special Purposes Trust Fund...............$11,779
    Dram Shop Fund....................................$11,317
    Illinois State Dental Disciplinary Fund............$1,986
    Hazardous Waste Research Fund......................$1,333
    Real Estate License Administration Fund...........$10,886
    Traffic and Criminal Conviction
        Surcharge Fund................................$44,798
    Criminal Justice Information
        Systems Trust Fund.............................$5,693
    Design Professionals Administration
        and Investigation Fund.........................$2,036
    State Surplus Property Revolving Fund..............$6,829
    Illinois Forestry Development Fund.................$7,012
    State Police Services Fund........................$47,072
    Youth Drug Abuse Prevention Fund...................$1,299
    Metabolic Screening and Treatment Fund............$15,947
    Insurance Producer Administration Fund............$30,870
    Coal Technology Development Assistance Fund.......$43,692
    Rail Freight Loan Repayment Fund...................$1,016
    Low-Level Radioactive Waste
        Facility
  Development and Operation Fund......$1,989
    Environmental Protection Permit and Inspection Fund.$32,125
    Park and Conservation Fund........................$41,038
    Local Tourism Fund................................$34,492
    Illinois Capital Revolving Loan Fund..............$10,624
    Illinois Equity Fund...............................$1,929
    Large Business Attraction Fund.....................$5,554
    Illinois Beach Marina Fund.........................$5,053
    International and Promotional Fund.................$1,466
    Public Infrastructure Construction
        Loan Revolving Fund............................$3,111
    Insurance Financial Regulation Fund...............$42,575
    Total
                                        $4,975,487

    (e-7) Notwithstanding any other provision of State law to 
the contrary, on or after July 1, 2006 and through June 30, 
2007, in addition to any other transfers that may be provided 
for by law, at the direction of and upon notification from the 
Director of Central Management Services, the State Comptroller 
shall direct and the State Treasurer shall transfer amounts 
into the Professional Services Fund from the designated funds 
not exceeding the following totals:
    Food and Drug Safety Fund..........................$3,300
    Financial Institution Fund........................$13,000
    General Professions Dedicated Fund.................$8,600
    Illinois Department of Agriculture
        Laboratory Services Revolving Fund.............$2,000
    Illinois Veterans' Rehabilitation Fund............$11,300
    State Boating Act Fund............................$27,200
    State Parks Fund..................................$22,100
    Agricultural Premium Fund.........................$59,800
    Fire Prevention Fund..............................$30,000
    Mental Health Fund................................$78,700
    Illinois State Pharmacy Disciplinary Fund..........$2,800
    Radiation Protection Fund.........................$16,100
    Solid Waste Management Fund.......................$37,900
    Illinois Gaming Law Enforcement Fund...............$7,300
    Subtitle D Management Fund.........................$4,700
    Illinois State Medical Disciplinary Fund...........$8,700
    Facility Licensing Fund............................$1,100
    Youth Alcoholism and
        Substance Abuse Prevention Fund................$2,800
    Plugging and Restoration Fund......................$1,100
    State Crime Laboratory Fund........................$1,400
    Motor Vehicle Theft Prevention Trust Fund..........$9,200
    Weights and Measures Fund..........................$5,000
    Illinois School Asbestos Abatement Fund............$2,200
    Violence Prevention Fund...........................$5,200
    Capital Development Board Revolving Fund..........$14,900
    DCFS Children's Services Fund..................$1,294,000
    State Police DUI Fund..............................$1,400
    Illinois Health Facilities Planning Fund...........$3,200
    Emergency Public Health Fund.......................$8,000
    Fair and Exposition Fund...........................$3,800
    Nursing Dedicated and Professional Fund............$5,800
    Optometric Licensing and Disciplinary Board Fund...$1,000
    Underground Resources Conservation
        Enforcement Fund...............................$1,200
    State Rail Freight Loan Repayment Fund.............$6,500
    Drunk and Drugged Driving Prevention Fund..........$5,500
    Illinois Affordable Housing Trust Fund...........$118,900
    Community Water Supply Laboratory Fund............$10,100
    Used Tire Management Fund.........................$17,600
    Natural Areas Acquisition Fund....................$15,600
    Open Space Lands Acquisition
        and Development Fund..........................$49,400
    Working Capital Revolving Fund...................$127,100
    State Garage Revolving Fund.......................$93,100
    Statistical Services Revolving Fund..............$183,000
    Paper and Printing Revolving Fund..................$3,700
    Air Transportation Revolving Fund..................$2,000
    Communications Revolving Fund....................$306,100
    Environmental Laboratory Certification Fund........$1,400
    Public Health Laboratory Services
        Revolving Fund.................................$5,900
    Provider Inquiry Trust Fund........................$1,800
    Lead Poisoning Screening, Prevention,
        and Abatement Fund.............................$8,200
    Drug Treatment Fund...............................$14,100
    Feed Control Fund..................................$2,500
    Plumbing Licensure and Program Fund................$3,500
    Insurance Premium Tax Refund Fund..................$7,900
    Tax Compliance and Administration Fund.............$5,400
    Appraisal Administration Fund......................$2,900
    Trauma Center Fund................................$40,400
    Alternate Fuels Fund..............................$1,500

    Illinois State Fair Fund..........................$13,900
    State Asset Forfeiture Fund........................$8,300
    Department of Corrections
        Reimbursement and Education Fund..............$79,400
    Health Facility Plan Review Fund...................$3,500
    LEADS Maintenance Fund.............................$6,100
    State Offender DNA Identification System Fund......$1,700
    Illinois Historic Sites Fund.......................$4,500
    Public Pension Regulation Fund.....................$2,300
    Workforce, Technology, and Economic
        Development Fund...............................$5,400
    Renewable Energy Resources Trust Fund.............$30,100
    Energy Efficiency Trust Fund.......................$8,400
    Pesticide Control Fund.............................$6,700
    Conservation 2000 Fund............................$30,900
    Wireless Carrier Reimbursement Fund...............$91,600
    International Tourism Fund........................$13,100
    Public Transportation Fund.......................$705,900
    Horse Racing Fund.................................$18,700
    Death Certificate Surcharge Fund...................$1,900
    State Police Wireless Service Emergency Fund.......$1,000
    Downstate Public Transportation Fund.............$112,700
    Motor Carrier Safety Inspection Fund...............$6,600
    State Police Whistleblower
        Reward and Protection Fund.....................$1,900
    Illinois Standardbred Breeders Fund................$4,400
    Illinois Thoroughbred Breeders Fund................$6,700
    Illinois Clean Water Fund.........................$17,700
    Child Support Administrative Fund................$435,100
    Tourism Promotion Fund............................$88,600
    Digital Divide Elimination Fund...................$11,700
    Presidential Library and Museum Operating Fund.....$4,700
    Metro-East Public Transportation Fund.............$48,100
    Medical Special Purposes Trust Fund...............$11,800
    Dram Shop Fund....................................$11,400
    Illinois State Dental Disciplinary Fund............$2,000
    Hazardous Waste Research Fund......................$1,300
    Real Estate License Administration Fund...........$10,900
    Traffic and Criminal Conviction Surcharge Fund....$45,100
    Criminal Justice Information Systems Trust Fund....$5,700
    Design Professionals Administration
        and Investigation Fund.........................$2,000
    State Surplus Property Revolving Fund..............$6,900
    State Police Services Fund........................$47,300
    Youth Drug Abuse Prevention Fund...................$1,300
    Metabolic Screening and Treatment Fund............$16,000
    Insurance Producer Administration Fund............$31,100
    Coal Technology Development Assistance Fund.......$43,900
    Low-Level Radioactive Waste Facility
        Development and Operation Fund.................$2,000
    Environmental Protection Permit
        and Inspection Fund...........................$32,300
    Park and Conservation Fund........................$41,300
    Local Tourism Fund................................$34,700
    Illinois Capital Revolving Loan Fund..............$10,700
    Illinois Equity Fund...............................$1,900
    Large Business Attraction Fund.....................$5,600
    Illinois Beach Marina Fund.........................$5,100
    International and Promotional Fund.................$1,500
    Public Infrastructure Construction
        Loan Revolving Fund............................$3,100
    Insurance Financial Regulation Fund..............$42,800

    Total                                         $4,918,200

    (e-10) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, on the first day of each calendar quarter 
of the fiscal year beginning July 1, 2005, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer from each designated fund 
into the Professional Services Fund amounts equal to one-fourth 
of each of the following totals:

    General Revenue Fund...........................$4,440,000
    Road Fund......................................$5,324,411
    Total                                         $9,764,411

    (e-15) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, the State Comptroller shall direct and the 
State Treasurer shall transfer from the funds specified into 
the Professional Services Fund according to the schedule 
specified herein as follows:

    General Revenue Fund..........................$4,466,000

    Road Fund.....................................$5,355,500

    Total                                         $9,821,500

    One-fourth of the specified amount shall be transferred on 
each of July 1 and October 1, 2006, or as soon as may be 
practical thereafter, and one-half of the specified amount 
shall be transferred on January 1, 2007, or as soon as may be 
practical thereafter.

    (f) The term "professional services" means services 
rendered on behalf of State agencies and other State entities

pursuant to Section 405-293 of the Department of Central 
Management Services Law of the Civil Administrative Code of 
Illinois.


(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
 
    (30 ILCS 105/6z-64)
    Sec. 6z-64. The Workers' Compensation Revolving Fund.
    (a) The Workers' Compensation Revolving Fund is created as 
a revolving fund in the State treasury. The following moneys 
shall be deposited into the Fund:
        (1) amounts authorized for transfer to the Fund from 
    the General Revenue Fund and other State funds (except for 
    funds classified by the Comptroller as federal trust funds 
    or State trust funds) pursuant to State law or Executive 
    Order;
        (2) federal funds received by the Department of Central 
    Management Services (the "Department") as a result of 
    expenditures from the Fund;
        (3) interest earned on moneys in the Fund;
        (4) receipts or inter-fund transfers resulting from 
    billings issued by the Department to State agencies and 
    universities for the cost of workers' compensation 
    services   rendered  by the Department that are not 
    compensated through the specific fund transfers  authorized 
    by this Section, if any;
        (5) amounts received from a State agency or university 
    for workers' compensation payments for temporary total 
    disability, as provided in Section 405-105 of the 
    Department of Central Management Services Law of the Civil 
    Administrative Code of Illinois; and
        (6) amounts recovered through subrogation in workers' 
    compensation and workers' occupational disease cases.
    (b)   Moneys in the Fund may be used by the Department  for 
reimbursement or payment for:
        (1) providing workers' compensation services to  State 
    agencies and State universities; or
        (2) providing for payment of administrative and other 
    expenses incurred by the Department in providing workers' 
    compensation services.
    (c) State agencies may direct the Comptroller to process 
inter-fund

transfers or make payment through the voucher and 
warrant process to the Workers' Compensation Revolving Fund in 
satisfaction  of billings issued under subsection (a) of this 
Section.
    (d) Reconciliation. For the fiscal year beginning on July 
1, 2004 only, the Director of Central Management Services (the 
"Director") shall order that each State agency's payments and 
transfers made to the Fund be reconciled with actual Fund costs 
for workers' compensation services provided by the Department 
and attributable to the State agency and relevant fund on no 
less than an annual basis.  The Director may require reports 
from State agencies as deemed necessary to perform this 
reconciliation.
    (d-5) Notwithstanding any other provision of State law to 
the contrary, on or after July 1, 2005 and until June 30, 2006, 
in addition to any other transfers that may be provided for by 
law, at the direction of and upon notification of the Director 
of Central Management Services, the State Comptroller shall 
direct and the State Treasurer shall transfer amounts into the 
Workers' Compensation Revolving Fund from the designated funds 
not exceeding the following totals:
    Mental Health Fund............................$17,694,000
    Statistical Services Revolving Fund............$1,252,600
    Department of Corrections Reimbursement
        and Education Fund.........................$1,198,600
    Communications Revolving Fund....................$535,400
    Child Support Administrative Fund................$441,900
    Health Insurance Reserve Fund....................$238,900
    Fire Prevention Fund.............................$234,100
    Park and Conservation Fund.......................$142,000
    Motor Fuel Tax Fund..............................$132,800
    Illinois Workers' Compensation
        Commission Operations Fund...................$123,900
    State Boating Act Fund...........................$112,300
    Public Utility Fund..............................$106,500
    State Lottery Fund...............................$101,300
    Traffic and Criminal Conviction
        Surcharge Fund................................$88,500
    State Surplus Property Revolving Fund.............$82,700
    Natural Areas Acquisition Fund....................$65,600
    Securities Audit and Enforcement Fund.............$65,200
    Agricultural Premium Fund.........................$63,400
    Capital Development Fund..........................$57,500
    State Gaming Fund.................................$54,300
    Underground Storage Tank Fund.....................$53,700
    Illinois State Medical Disciplinary Fund..........$53,000
    Personal Property Tax Replacement Fund............$53,000
    General Professions Dedicated Fund...............$51,900

    Total                                        $23,003,100

    (d-10) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, on the first day of each calendar quarter 
of the fiscal year beginning July 1, 2005, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer from each designated fund 
into the Workers' Compensation Revolving Fund amounts equal to 
one-fourth of each of the following totals:
    General Revenue Fund......................... $34,000,000
    Road Fund.................................... $25,987,000
    Total                                        $59,987,000

    (d-12) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, on the effective date of this amendatory 
Act of the 94th General Assembly, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer from each designated fund 
into the Workers' Compensation Revolving Fund the following 
amounts:
    General Revenue Fund..........................$10,000,000
    Road Fund......................................$5,000,000
    Total                                        $15,000,000

    (d-15) Notwithstanding any other provision of State law to 
the contrary and in addition to any other transfers that may be 
provided for by law, on July 1, 2006, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer from each designated fund 
into the Workers' Compensation Revolving Fund the following 
amounts:
    General Revenue Fund.........................$44,028,200

    Road Fund....................................$28,084,000

    Total                                        $72,112,200

    (d-20) Notwithstanding any other provision of State law to 
the contrary, on or after July 1, 2006 and until June 30, 2007, 
in addition to any other transfers that may be provided for by 
law, at the direction of and upon notification of the Director 
of Central Management Services, the State Comptroller shall 
direct and the State Treasurer shall transfer amounts into the 
Workers' Compensation Revolving Fund from the designated funds 
not exceeding the following totals:
    Mental Health Fund............................$19,121,800
    Statistical Services Revolving Fund............$1,353,700
    Department of Corrections Reimbursement
        and Education Fund.........................$1,295,300
    Communications Revolving Fund....................$578,600
    Child Support Administrative Fund................$477,600
    Health Insurance Reserve Fund....................$258,200
    Fire Prevention Fund.............................$253,000
    Park and Conservation Fund.......................$153,500
    Motor Fuel Tax Fund..............................$143,500
    Illinois Workers' Compensation
        Commission Operations Fund...................$133,900
    State Boating Act Fund...........................$121,400
    Public Utility Fund..............................$115,100
    State Lottery Fund...............................$109,500
    Traffic and Criminal Conviction Surcharge Fund....$95,700
    State Surplus Property Revolving Fund.............$89,400
    Natural Areas Acquisition Fund....................$70,800
    Securities Audit and Enforcement Fund.............$70,400
    Agricultural Premium Fund.........................$68,500
    State Gaming Fund.................................$58,600
    Underground Storage Tank Fund.....................$58,000
    Illinois State Medical Disciplinary Fund..........$57,200
    Personal Property Tax Replacement Fund............$57,200
    General Professions Dedicated Fund...............$56,100

    Total                                        $24,797,000

    (e) The term "workers' compensation services" means 
services, claims expenses, and related administrative costs 
incurred in performing the duties under

Sections 405-105 and 
405-411 of the Department of Central Management Services Law of 
the Civil Administrative Code of Illinois.


(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
 



    (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


        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 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;


        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. Department of State Police, except for expenditures 
    with
respect to the Division of Operations;


        2. Department of Transportation, only with respect to 
    Intercity Rail
Subsidies 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. Department of State Police, except not more than 40% 
    of the
funds appropriated for the Division of Operations;


        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, and the costs for

    patrolling and policing the public highways (by 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 Department of 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, and 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.
 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
2007 and$30,500,000.


        each year thereafter
    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 
this amendatory Act of
the 93rd
General Assembly.

    The additional amounts authorized for expenditure in this 
Section by Public Acts 92-0600, 93-0025, and 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 this amendatory Act of the
94th General Assembly and 
the 93rd General
Assembly 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. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-839, 
eff. 7-30-04; 94-91, eff. 7-1-05.)

 



    (30 ILCS 105/8.16c)



    Sec. 8.16c. Appropriations related to efficiency 
initiatives. Appropriations for processing contracted 
assistance, the
purchase
of commodities and equipment, the 
retention of staff, and all other expenses
incident to 
efficiency initiatives authorized by Section 405-292 of the

Department of Central Management Services Law of the Civil 
Administrative Code
of Illinois are payable from the Efficiency

Initiatives Revolving Fund. Facilities Management Revolving 
Fund billings issued to the Department of Central Management 
Services, as authorized by Section 6z-65, are also payable from 
the Efficiency Initiatives Revolving Fund.  Until there are 
sufficient funds in the Efficiency
Initiatives Revolving Fund 
to carry out the purposes of this amendatory Act of
the 93rd 
General Assembly, the State agencies subject to Section 405-292 
of the
Department of Central Management Services Law of the 
Civil Administrative Code
of Illinois shall, on written 
approval
of the Director of Central Management Services, pay 
the costs associated with
the efficiency initiative authorized 
by that Section from current appropriations as if those 
expenses were
duly incurred by the respective agencies.

(Source: P.A. 93-25, eff. 6-20-03.)

 
    (30 ILCS 105/8.43)
    Sec. 8.43. Special fund transfers.
    (a) In order to maintain the integrity of special funds and 
improve stability in the General Revenue Fund, the following 
transfers are authorized from the designated funds into the 
General Revenue Fund:
    SECRETARY OF STATE SPECIAL LICENSE 
PLATE FUND...........................................$856,000
    SECURITIES INVESTORS EDUCATION FUND      ......$3,271,000
    SECURITIES AUDIT & ENFORCEMENT FUND      .....$17,014,000
    DEPARTMENT OF BUSINESS SERVICES SPECIAL 
OPERATIONS FUND......................................$524,000
    SECRETARY OF STATE SPECIAL SERVICES FUND.........$600,000
    SECRETARY OF STATE DUI ADMINISTRATION FUND ......$582,000
    FOOD & DRUG SAFETY       FUND....................$817,000
    TRANSPORTATION REGULATORY FUND ................$2,379,000
    FINANCIAL INSTITUTION       FUND...............$2,003,000
    GENERAL PROFESSIONS DEDICATED     FUND...........$497,000
    DRIVERS EDUCATION FUND          ...............$2,967,000
    STATE BOATING ACT FUND           ..............$1,072,000
    AGRICULTURAL PREMIUM FUND   ...................$7,777,000
    PUBLIC UTILITY FUND         ...................$8,202,000
    RADIATION PROTECTION FUND    ....................$750,000
    SOLID WASTE MANAGEMENT FUND         ..........$10,084,000
    SUBTITLE D MANAGEMENT FUND ....................$3,006,000
    PLUGGING AND RESTORATION FUND           ...... $1,255,000
    REGISTERED CERTIFIED PUBLIC ACCOUNTANTS 
ADMINISTRATION AND DISCIPLINARY FUND   ..............$819,000
    WEIGHTS AND MEASURES FUND      ............... $1,800,000
    SOLID WASTE MANAGEMENT REVOLVING LOAN FUND.......$647,000
    RESPONSE CONTRACTORS INDEMNIFICATION FUND........$107,000
    CAPITAL DEVELOPMENT BOARD REVOLVING LOAN FUND..$1,229,000
    PROFESSIONS INDIRECT COST FUND    ................$39,000
    ILLINOIS HEALTH FACILITIES PLANNING FUND    ...$2,351,000
    OPTOMETRIC LICENSING AND DISCIPLINARY 
BOARD FUND.........................................$1,121,000
    STATE RAIL FREIGHT LOAN REPAYMENT FUND        .$3,500,000
    ILLINOIS TAX INCREMENT   FUND    ..............$1,500,000
    USED TIRE MANAGEMENT   FUND ...................$3,278,000
    AUDIT EXPENSE       FUND ......................$1,237,000
    INSURANCE PREMIUM TAX REFUND FUND .............$2,500,000
    CORPORATE FRANCHISE TAX REFUND FUND   .........$1,650,000
    TAX COMPLIANCE AND ADMINISTRATION FUND ........$9,513,000
    APPRAISAL ADMINISTRATION FUND..................$1,107,000
    STATE ASSET FORFEITURE           FUND ........ $1,500,000
    FEDERAL ASSET FORFEITURE      FUND ............$3,943,000
    DEPARTMENT OF CORRECTIONS REIMBURSEMENT 
AND EDUCATION FUND................................$14,500,000
    LEADS MAINTENANCE FUND                      ...$2,000,000
    STATE OFFENDER DNA IDENTIFICATION SYSTEM FUND....$250,000
    WORKFORCE, TECHNOLOGY, AND ECONOMIC 
DEVELOPMENT FUND ......................$267,819.60
$1,500,000
    RENEWABLE ENERGY RESOURCES TRUST FUND           .$9,510,000
    ENERGY EFFICIENCY TRUST FUND          .........$3,040,000
    CONSERVATION 2000          FUND ...............$7,439,000
    HORSE RACING FUND         .....................$2,500,000
    STATE POLICE WIRELESS SERVICE EMERGENCY FUND         .$500,000
    WHISTLEBLOWER REWARD AND PROTECTION FUND  .......$750,000
    TOBACCO SETTLEMENT RECOVERY FUND .............$19,300,000
    PRESIDENTIAL LIBRARY AND MUSEUM FUND           ..$500,000
    MEDICAL SPECIAL PURPOSES TRUST FUND        ......$967,000
    DRAM SHOP FUND  ...............................$1,517,000
    DESIGN PROFESSIONALS ADMINISTRATION AND 
INVESTIGATION FUND     ............................$1,172,000
    ILLINOIS FORESTRY DEVELOPMENT FUND        .....$1,257,000
    STATE POLICE SERVICES FUND  .....................$250,000
    METABOLIC SCREENING AND TREATMENT FUND     ....$3,435,000
    INSURANCE   PRODUCER ADMINISTRATION FUND .....$12,727,000
    LOW-LEVEL RADIOACTIVE WASTE FACILITY 
DEVELOPMENT AND OPERATION FUND         ............$2,202,000
    LOW-LEVEL RADIOACTIVE WASTE FACILITY CLOSURE,

POST-CLOSURE CARE AND COMPENSATION FUND      ......$6,000,000
    ENVIRONMENTAL PROTECTION PERMIT AND 
INSPECTION FUND       ...............................$874,000
    PARK AND CONSERVATION FUND ....................$1,000,000
    PUBLIC INFRASTRUCTURE CONSTRUCTION LOAN 
REVOLVING FUND   ..................................$1,822,000
    LOBBYIST REGISTRATION ADMINISTRATION FUND  ......$327,000
    DIVISION OF CORPORATIONS REGISTERED 
LIMITED LIABILITY PARTNERSHIP FUND       ............$356,000
    WORKING CAPITAL REVOLVING FUND 
(30 ILCS 105/6)...................................$12,000,000
    All of these transfers shall be made on the effective date 
of this amendatory Act of the 93rd General Assembly, or as soon 
thereafter as practical. These transfers shall be made 
notwithstanding any other provision of State law to the 
contrary.
    (b) On and after the effective date of this amendatory Act 
of the 93rd General Assembly through June 30, 2005, when any of 
the funds listed in subsection (a) have insufficient cash from 
which the State Comptroller may make expenditures properly 
supported by appropriations from the fund, then the State 
Treasurer and State Comptroller shall transfer from the General 
Revenue Fund to the fund only such amount as is immediately 
necessary to satisfy outstanding expenditure obligations on a 
timely basis, subject to the provisions of the State Prompt 
Payment Act.  Any amounts transferred from the General Revenue 
Fund to a fund pursuant to this subsection (b) from time to 
time shall be re-transferred by the State Comptroller and the 
State Treasurer from the receiving fund into the General 
Revenue Fund as soon as and to the extent that deposits are 
made into or receipts are collected by the receiving fund.  In 
all events, the full amounts of all transfers from the General 
Revenue Fund to receiving funds shall be re-transferred to the 
General Revenue Fund no later than June 30, 2005.

    (c) The sum of $57,700,000 shall be transferred, pursuant 
to appropriation, from the State Pensions Fund to the 
designated retirement systems (as defined in Section 8.12 of 
the State Finance Act) on the effective date of this amendatory 
Act of the 93rd General Assembly, or as soon thereafter as 
practical. On April 16, 2005, or as soon thereafter as 
practical, there shall be transferred, pursuant to 
appropriation, from the    State Pensions Fund to the designated 
retirement systems (as defined in Section 8.12 of the State 
Finance Act) the lesser of (i) an amount equal to the balance 
in the State Pensions Fund on April 16, 2005, minus an amount 
equal to 75% of the total amount of fiscal year 2005 
appropriations from  the State Pensions Fund that were 
appropriated to the State Treasurer for administration of the 
Uniform Disposition of Unclaimed Property Act or (ii) 
$35,000,000. These transfers are intended to be all or part of 
the transfer required under Section 8.12 of the State Finance 
Act for fiscal year 2005.
    (d) The sum of $49,775,000 shall be transferred from the 
School Technology Revolving Loan Fund to the Common School Fund 
on the effective date of this amendatory Act of the 93rd 
General Assembly, or as soon thereafter as practical, 
notwithstanding any other provision of State law to the 
contrary.

    (e) The sum of $80,000,000 shall be transferred from the 
General Revenue Fund to the State Pensions Fund on the 
effective date of this amendatory Act of the 93rd General 
Assembly, or as soon thereafter as practical.


(Source: P.A. 93-839, eff. 7-30-04.)
 
    (30 ILCS 105/8.44)
    Sec. 8.44. Special fund transfers.
    (a) In order to maintain the integrity of special funds and

improve stability in the General Revenue Fund, the following

transfers are authorized from the designated funds into the

General Revenue Fund:
Aeronautics Fund......................................$2,186

Aggregate Operations Regulatory Fund.................$32,750

Agrichemical Incident Response Trust Fund...........$419,830

Agricultural Master Fund.............................$17,827

Air Transportation Revolving Fund...................$181,478

Airport Land Loan Revolving Fund..................$1,669,970

Alternate Fuels Fund..............................$1,056,833

Alternative Compliance Market Account Fund...........$53,120

Appraisal Administration Fund.......................$250,000

Armory Rental Fund..................................$111,538

Assisted Living and Shared Housing Regulatory Fund...$24,493

Bank and Trust Company Fund.......................$3,800,000

Capital Development Board Revolving Fund............$453,054

Care Provider Fund for Persons

with a Developmental Disability...................$2,378,270

Charter Schools Revolving Loan Fund.................$650,721

Child Support Administrative Fund.................$1,117,266

Coal Mining Regulatory Fund.........................$127,583

Communications Revolving Fund....................$12,999,839

Community Health Center Care Fund...................$104,480

Community Water Supply Laboratory Fund..............$716,232

Continuing Legal Education Trust Fund................$23,419

Corporate Franchise Tax Refund Fund.................$500,000

Court of Claims Administration and Grant Fund........$24,949

Criminal Justice Information Projects Fund...........$18,212

DCFS Special Purposes Trust Fund.....................$77,835

Death Certificate Surcharge Fund..................$1,134,341

Department of Business Services

Special Operations Fund...........................$2,000,000

Department of Children and Family Services

Training Fund.....................................$1,408,106

Department of Corrections

Reimbursement and Education Fund..................$2,208,323

Department of Insurance State Trust Fund.............$18,009

Department of Labor Special State Trust Fund........$359,895

Department on Aging State Projects Fund..............$10,059

Design Professionals Administration

and Investigation Fund...............................$51,701

DHS Recoveries Trust Fund.........................$1,591,834

DHS State Projects Fund..............................$89,917

Division of Corporations

Registered Limited Liability Partnership Fund.......$150,000

DNR Special Projects Fund...........................$301,649

Dram Shop Fund......................................$110,554

Drivers Education Fund...............................$30,152

Drug Rebate Fund.................................$17,315,821

Drug Traffic Prevention Fund.........................$22,123

Drug Treatment Fund.................................$160,030

Drunk and Drugged Driving Prevention Fund............$51,220

Drycleaner Environmental Response Trust Fund......$1,137,971

DuQuoin State Fair Harness Racing Trust Fund..........$3,368

Early Intervention Services Revolving Fund........$1,044,935

Economic Research and Information Fund...............$49,005

Educational Labor Relations Board

Fair Share Trust Fund................................$40,933

Efficiency Initiatives Revolving Fund.............$6,178,298

Emergency Planning and Training Fund.................$28,845

Emergency Public Health Fund........................$139,997

Emergency Response Reimbursement Fund................$15,873

EMS Assistance Fund..................................$40,923

Energy Assistance Contribution Fund..................$89,692

Energy Efficiency Trust Fund......................$1,300,938

Environmental Laboratory Certification Fund..........$62,039

Environmental Protection Permit and Inspection Fund.$180,571

Environmental Protection Trust Fund...............$2,228,031

EPA Court Trust Fund................................$338,646

EPA Special State Projects Trust Fund...............$284,263

Explosives Regulatory Fund...........................$23,125

Facilities Management Revolving Fund..............$4,803,971

Facility Licensing Fund..............................$22,958

Family Care Fund.....................................$22,585

Federal Asset Forfeiture Fund.........................$1,871

Feed Control Fund...................................$478,234

Fertilizer Control Fund.............................$207,398

Financial Institution Fund........................$2,448,690

Firearm Owner's Notification Fund.....................$3,960

Food and Drug Safety Fund...........................$421,401

General Professions Dedicated Fund................$3,975,808

Good Samaritan Energy Trust Fund......................$7,191

Governor's Grant Fund.................................$1,592

Group Workers' Compensation Pool Insolvency Fund....$136,547

Guardianship and Advocacy Fund.......................$27,289

Hazardous Waste Occupational Licensing Fund..........$14,939

Hazardous Waste Research Fund.......................$125,209

Health Facility Plan Review Fund....................$165,972

Hearing Instrument Dispenser

Examining and Disciplinary Fund.....................$102,842

Home Inspector Administration Fund..................$244,503

IEMA State Projects Fund.................................$13

Illinois Beach Marina Fund..........................$177,801

Illinois Capital Revolving Loan Fund..............$4,024,106

Illinois Clean Water Fund.........................$1,835,796

Illinois Community College Board

Contracts and Grants Fund.................................$9

Illinois Department of Agriculture

Laboratory Services Revolving Fund..................$174,795

Illinois Equity Fund................................$119,193

Illinois Executive Mansion Trust Fund................$56,154

Illinois Forestry Development Fund................$1,389,096

Illinois Future Teacher Corps Scholarship Fund........$4,836

Illinois Gaming Law Enforcement Fund................$650,646

Illinois Habitat Endowment Trust Fund.............$3,641,262

Illinois Health Facilities Planning Fund.............$23,066

Illinois Historic Sites Fund........................$134,366

Illinois National Guard Armory Construction Fund.....$31,469

Illinois Rural Rehabilitation Fund....................$8,190

Illinois School Asbestos Abatement Fund.............$183,191

Illinois State Fair Fund.............................$50,176

Illinois State Podiatric Disciplinary Fund..........$317,239

Illinois Student Assistance Commission

Contracts and Grants Fund.............................$5,589

Illinois Tourism Tax Fund...........................$647,749

Illinois Underground Utility Facilities

Damage Prevention Fund................................$2,175

Illinois Veterans' Rehabilitation Fund..............$218,940

Industrial Hygiene Regulatory and Enforcement Fund....$3,564

Innovations in Long-Term Care

Quality Demonstration Grants Fund...................$565,494

Insurance Financial Regulation Fund.................$800,000

ISAC Accounts Receivable Fund........................$26,374

ISBE GED Testing Fund...............................$146,196

ISBE Teacher Certificate Institute Fund.............$122,117

J.J. Wolf Memorial for Conservation Investigation Fund.$8,137

Kaskaskia Commons Permanent Fund.....................$79,813

Land Reclamation Fund................................$30,582

Large Business Attraction Fund......................$340,777

Lawyers' Assistance Program Fund....................$198,207

LEADS Maintenance Fund...............................$76,981

Lieutenant Governor's Grant Fund........................$188

Livestock Management Facilities Fund.................$47,800

Local Initiative Fund.............................$1,940,646

Local Tourism Fund..................................$132,876

Long Term Care Monitor/Receiver Fund................$427,850

Monetary Award Program Reserve Fund.................$879,700

McCormick Place Expansion Project Fund....................$0

Medicaid Buy-In Program Revolving Fund..............$318,894

Medicaid Fraud and Abuse Prevention Fund.............$60,306

Medical Special Purposes Trust Fund.................$930,668

Military Affairs Trust Fund..........................$68,468

Motor Carrier Safety Inspection Fund................$147,477

Motor Fuel and Petroleum Standards Fund..............$19,673

Motor Vehicle Review Board Fund.....................$250,000

Motor Vehicle Theft Prevention Trust Fund.........$1,415,361

Narcotics Profit Forfeiture Fund.....................$39,379

Natural Heritage Endowment Trust Fund...............$557,264

Natural Heritage Fund.................................$3,336

Natural Resources Information Fund...................$64,596

Natural Resources Restoration Trust Fund.............$63,002

Off-Highway Vehicle Trails Fund.....................$244,815

Oil Spill Response Fund.............................$167,547

Paper and Printing Revolving Fund....................$48,476

Park and Conservation Fund........................$3,050,154

Pawnbroker Regulation Fund...........................$94,131

Pesticide Control Fund..............................$420,223

Petroleum Resources Revolving Fund...................$85,540

Police Training Board Services Fund...................$1,540

Pollution Control Board Fund.........................$23,004

Pollution Control Board Trust Fund..................$410,651

Post Transplant Maintenance and Retention Fund.......$75,100

Presidential Library and Museum Operating Fund......$727,250

Professional Regulation Evidence Fund.................$2,817

Professional Services Fund...........................$46,222

Provider Inquiry Trust Fund.........................$207,098

Public Aid Recoveries Trust Fund..................$7,610,631

Public Health Laboratory Services Revolving Fund.....$92,276

Public Health Special State Projects Fund...........$816,202

Public Health Water Permit Fund......................$17,624

Public Infrastructure Construction

Loan Revolving Fund..................................$63,802

Public Pension Regulation Fund......................$222,433

Racing Board Fingerprint License Fund................$16,835

Radiation Protection Fund...........................$212,010

Real Estate License Administration Fund...........$1,500,000

Regulatory Evaluation and Basic Enforcement Fund.....$64,221

Regulatory Fund......................................$55,246

Renewable Energy Resources Trust Fund................$14,033

Response Contractors Indemnification Fund...............$126

Rural/Downstate Health Access Fund....................$4,644

Savings and Residential Finance Regulatory Fund...$5,200,000

School District Emergency Financial Assistance Fund.$2,130,848

School Technology Revolving Loan Fund................$19,158

Second Injury Fund..................................$151,493

Secretary of State Interagency Grant Fund............$40,900

Secretary of State Special License Plate Fund.......$520,200

Secretary of State Special Services Fund..........$2,500,000

Securities Audit and Enforcement Fund.............$3,400,000

Securities Investors Education Fund.................$100,000

Self-Insurers Administration Fund...................$286,964

Sex Offender Registration Fund........................$7,647

Sexual Assault Services Fund.........................$12,210

Small Business Environmental Assistance Fund.........$13,686

Snowmobile Trail Establishment Fund...................$3,124

Solid Waste Management Fund.......................$6,587,173

Sports Facilities Tax Trust Fund..................$1,112,590

State Appellate Defender Special State Projects Fund.$23,820

State Asset Forfeiture Fund..........................$71,988

State Boating Act Fund..............................$401,824

State College and University Trust Fund.............$139,439

State Crime Laboratory Fund..........................$44,965

State Fair Promotional Activities Fund................$8,734

State Garage Revolving Fund.........................$639,662

State Offender DNA Identification System Fund........$81,740

State Off-Set Claims Fund.........................$1,487,926

State Parks Fund..................................$1,045,889

State Police Motor Vehicle Theft Prevention Fund....$164,843

State Police Vehicle Fund............................$22,899

State Police Whistleblower Reward and Protection Fund.$199,699

State Rail Freight Loan Repayment Fund............$1,147,727

State Surplus Property Revolving Fund...............$388,284

State Whistleblower Reward and Protection Fund........$1,592

State's Attorneys Appellate Prosecutor's County Fund.$70,101

Statewide Grand Jury Prosecution Fund.................$7,645

Statistical Services Revolving Fund...............$4,847,783

Subtitle D Management Fund..........................$169,744

Tanning Facility Permit Fund.........................$64,571

Tax Compliance and Administration Fund..............$429,377

Tax Recovery Fund...................................$113,591

Teacher Certificate Fee Revolving Fund..............$982,399

Toxic Pollution Prevention Fund......................$28,534

Underground Resources Conservation Enforcement Fund.$294,251

University Grant Fund................................$23,881

Used Tire Management Fund.........................$1,918,500

Watershed Park Fund..................................$19,786

Weights and Measures Fund.........................$1,078,121

Workers' Compensation Benefit Trust Fund............$266,574

Workers' Compensation Revolving Fund................$520,285

Working Capital Revolving Fund....................$1,404,868

Youth Alcoholism and Substance Abuse Prevention Fund.$29,995

Youth Drug Abuse Prevention Fund.......................$4,091
    All of these transfers shall be made  in equal quarterly 
installments with the first made on the effective date
of this 
amendatory Act of the 94th General Assembly, or as soon

thereafter as practical, and with the remaining transfers to be 
made on October 1, January 1, and April 1, or as soon 
thereafter as practical. These transfers shall be made

notwithstanding any other provision of State law to the

contrary.
    The Governor may direct the State Comptroller and the State 
Treasurer to reverse the transfers previously authorized by 
statute to the General Revenue Fund and retransfer from the 
General Revenue Fund, if applicable,  all or a portion of the 
transfers made pursuant to this subsection (a) to the following 
funds:
        (1) the Drycleaner Environmental Response Trust Fund;
        (2) the Educational Labor Relations Board Fair Share 
    Trust Fund;
        (3) the Environmental Protection Trust Fund;
        (4) the Facilities Management Revolving Fund;
        (5) the Illinois Forestry Development Fund;
        (6) the Illinois Habitat Endowment Trust Fund;
        (7) the Innovations in Long-Term Care Quality 
    Demonstration Grants Fund;
        (8) the Kaskaskia Commons Permanent Fund;
        (9) the Land Reclamation Fund;
        (10) the Lawyers' Assistance Program Fund;
        (11) the Local Initiative Fund;
        (12) the Petroleum Resources Revolving Fund;
        (13) the Sports Facilities Tax Trust Fund;
        (14) the State Garage Revolving Fund;
        (15) the State Off-Set Claims Fund; and
        (16) the DCFS Special Purposes Trust Fund.

    (b) On and after the effective date of this amendatory Act

of the 94th General Assembly through June 30, 2006, when any of

the funds listed in subsection (a) have insufficient cash from

which the State Comptroller may make expenditures properly

supported by appropriations from the fund, then the State

Treasurer and State Comptroller shall transfer from the General

Revenue Fund to the fund only such amount as is immediately

necessary to satisfy outstanding expenditure obligations on a

timely basis, subject to the provisions of the State Prompt

Payment Act. All or a portion of the
Any amounts transferred 
from the General Revenue
Fund to a fund pursuant to this 
subsection (b) from time to
time may
shall be re-transferred by 
the State Comptroller and the
State Treasurer from the 
receiving fund into the General
Revenue Fund as soon as and to 
the extent that deposits are
made into or receipts are 
collected by the receiving fund. In
all events, the full 
amounts of all transfers from the General
Revenue Fund to 
receiving funds shall be re-transferred to the
General Revenue 
Fund no later than June 30, 2006.
    (c) Notwithstanding any other provision of law, on July 1, 
2005, or as soon thereafter as may be practical, the State 
Comptroller and the State Treasurer shall transfer $5,000,000 
from the Communications Revolving Fund to the Hospital Basic 
Services Prevention Fund.


(Source: P.A. 94-91, eff. 7-1-05.)
 
    (30 ILCS 105/8.45 new)

    Sec. 8.45. Special fund transfers.
    (a) In order to maintain the integrity of special funds and

improve stability in the General Revenue Fund, the following

transfers are authorized from the designated funds into the

General Revenue Fund:
    Food and Drug Safety Fund.......................$421,000

    Grade Crossing Prevention Fund................$4,000,000

    General Professions Dedicated Fund............$5,000,000

    Economic Research and Information Fund...........$25,000

    Illinois Department of Agriculture
        Laboratory Services Revolving Fund..........$100,000

    Drivers Education Fund..........................$900,000

    State Parks Fund..............................$1,046,000

    Illinois State Pharmacy Disciplinary Fund.....$3,000,000

    Public Utility Fund.............................$440,000

    Solid Waste Management Fund.....................$200,000

    Illinois Gaming Law Enforcement Fund............$652,000

    Subtitle D Management Fund......................$300,000

    Community Health Center Care Fund...............$100,000

    School District Emergency Financial
        Assistance Fund...........................$1,325,000

    Explosives Regulatory Fund.......................$23,000

    Aggregate Operations Regulatory Fund.............$33,000

    Coal Mining Regulatory Fund......................$50,000

    Registered Certified Public Accountants'
        Administration and Disciplinary Fund......$1,000,000

    Agrichemical Incident Response Trust Fund.......$200,000

    Motor Vehicle Theft Prevention Trust Fund.......$500,000

    Weights and Measures Fund.......................$600,000

    Division of Corporations Registered Limited
        Liability Partnership Fund..................$555,000

    Local Government Health Insurance
        Reserve Fund..............................$1,000,000

    IPTIP Administrative Trust Fund.................$700,000

    Professions Indirect Cost Fund..................$500,000

    State Police DUI Fund...........................$150,000

    Asbestos Abatement Fund.........................$500,000

    Savings and Residential Finance
        Regulatory Fund...........................$6,000,000

    Fair and Exposition Fund........................$200,000

    State Police Vehicle Fund.......................$144,000

    Department of Labor Special
        State Trust Fund............................$162,000

    Nursing Dedicated and Professional Fund.......$3,000,000

    Underground Resources Conservation
        Enforcement Fund............................$100,000

    Mandatory Arbitration Fund......................$906,000

    Income Tax Refund Fund.......................$44,000,000

    Long Term Care Monitor/Receiver Fund............$300,000

    Community Water Supply Laboratory Fund..........$200,000

    Used Tire Management Fund.....................$1,000,000

    Natural Areas Acquisition Fund................$5,000,000

    State Garage Revolving Fund.....................$691,300

    Statistical Services Revolving Fund.............$231,600

    Paper and Printing Revolving Fund.................$9,900

    Air Transportation Revolving Fund...............$100,000

    Tax Recovery Fund...............................$150,000

    Communications Revolving Fund.................$1,076,800

    Facilities Management Revolving Fund............$111,900

    Professional Services Fund....................$1,064,800

    Treasurer's Rental Fee Fund.....................$100,000

    Workers' Compensation Revolving Fund............$530,800

    Audit Expense Fund............................$1,800,000

    Securities Audit and Enforcement Fund...........$695,000

    Department of Business Services
        Special Operations Fund...................$7,650,000

    Innovations in Long-Term Care Quality
        Demonstration Grants Fund...................$300,000

    State Treasurer's Bank Services Trust Fund....$5,000,000

    Corporate Franchise Tax Refund Fund...........$1,400,000

    Tax Compliance and Administration Fund..........$429,400

    Appraisal Administration Fund.................$1,000,000

    Trauma Center Fund............................$5,000,000

    Public Aid Recoveries Trust Fund..............$8,611,000

    State Asset Forfeiture Fund.....................$250,000

    Health Facility Plan Review Fund................$166,000

    LEADS Maintenance Fund...........................$77,000

    Illinois Historic Sites Fund....................$134,400

    Public Pension Regulation Fund...................$50,000

    Pawnbroker Regulation Fund......................$100,000

    Charter Schools Revolving Loan Fund...........$1,200,000

    Attorney General Whistleblower
        Reward and Protection Fund................$1,000,000

    Wireless Carrier Reimbursement Fund...........$8,000,000

    International Tourism Fund....................$3,000,000

    Real Estate Recovery Fund.......................$200,000

    Death Certificate Surcharge Fund..............$1,000,000

    Auction Recovery Fund............................$50,000

    Motor Carrier Safety Inspection Fund............$150,000

    State Police Whistleblower Reward
        and Protection Fund.........................$750,000

    Post Transplant Maintenance and Retention Fund...$75,000

    Tobacco Settlement Recovery Fund.............$19,900,000

    Medicaid Buy-In Program Revolving Fund..........$319,000

    Home Inspector Administration Fund..............$200,000

    Tourism Promotion Fund........................$4,000,000

    Lawyers' Assistance Program Fund.................$67,200

    Presidential Library and Museum
        Operating Fund..............................$750,000

    Dram Shop Fund..................................$112,000

    Illinois State Dental Disciplinary Fund.........$250,000

    Real Estate License Administration Fund.......$5,000,000

    Traffic and Criminal Conviction Surcharge Fund..$250,000

    Design Professionals Administration
        and Investigation Fund......................$100,000

    State Surplus Property Revolving Fund.............$6,300

    State Police Services Fund......................$200,000

    Health Insurance Reserve Fund................$21,000,000

    DHS Recoveries Trust Fund.....................$3,591,800

    Insurance Producer Administration Fund........$2,000,000

    State Treasurer Court Ordered Escrow Fund.......$250,000

    Environmental Protection Permit and
        Inspection Fund.............................$181,000

    Illinois State Podiatric Disciplinary Fund......$250,000

    Illinois Beach Marina Fund......................$100,000

    International and Promotional Fund...............$70,000

    Insurance Financial Regulation Fund...........$5,000,000

    TOTAL                                       $200,084,200

All of these transfers shall be made  in equal quarterly 
installments with the first made on July 1, 2006, or as soon

thereafter as practical, and with the remaining transfers to be 
made on October 1, January 1, and April 1, or as soon 
thereafter as practical. These transfers shall be made

notwithstanding any other provision of State law to the

contrary.

    (b) On and after the effective date of this amendatory Act

of the 94th General Assembly through June 30, 2007, when any of

the funds listed in subsection (a) have insufficient cash from

which the State Comptroller may make expenditures properly

supported by appropriations from the fund, then the State

Treasurer and State Comptroller shall transfer from the General

Revenue Fund to the fund only such amount as is immediately

necessary to satisfy outstanding expenditure obligations on a

timely basis, subject to the provisions of the State Prompt

Payment Act. All or a portion of the amounts transferred from 
the General Revenue
Fund to a fund pursuant to this subsection 
(b) from time to
time may be re-transferred by the State 
Comptroller and the
State Treasurer from the receiving fund 
into the General
Revenue Fund as soon as and to the extent that 
deposits are
made into or receipts are collected by the 
receiving fund.

 
    (30 ILCS 105/8.55)
    Sec. 8.55. Interfund transfers. On or after July 1, 2004 
and until June 30, 2005
2006, in addition to any other 
transfers that may be provided for by law, at the direction of 
and upon notification from the Director of Healthcare and 
Family Services (formerly Director of Public Aid), the State 
Comptroller shall direct and the State Treasurer shall transfer 
amounts into the General Revenue Fund from the designated funds 
not exceeding the following totals:
    Hospital Provider Fund........................$36,000,000
    Health and Human Services Medicaid Trust Fund.$124,000,000.
    Transfers of moneys under this Section may not exceed a 
total of $80,000,000 in any State fiscal year.


(Source: P.A. 93-841, eff. 7-30-04; revised 12-15-05.)
 



    (30 ILCS 105/8g)


    Sec. 8g. Fund transfers. 

    (a) In addition to any other transfers that may be provided 
for by law, as
soon as may be practical after the effective 
date of this amendatory Act of
the 91st General Assembly, the 
State Comptroller shall direct and the State
Treasurer shall 
transfer the sum of $10,000,000 from the General Revenue Fund

to the Motor Vehicle License Plate Fund created by Senate Bill 
1028 of the 91st
General Assembly.

    (b) In addition to any other transfers that may be provided 
for by law, as
soon as may be practical after the effective 
date of this amendatory Act of
the 91st General Assembly, the 
State Comptroller shall direct and the State
Treasurer shall 
transfer the sum of $25,000,000 from the General Revenue Fund

to the Fund for Illinois' Future created by Senate Bill 1066 of 
the 91st
General Assembly.

    (c) In addition to any other transfers that may be provided 
for by law,
on August 30 of each fiscal year's license period, 
the Illinois Liquor Control
Commission shall direct and the 
State Comptroller and State Treasurer shall
transfer from the 
General Revenue Fund to the Youth Alcoholism and Substance

Abuse Prevention Fund an amount equal to the number of retail 
liquor licenses
issued for that fiscal year multiplied by $50.

    (d) The payments to programs required under subsection (d) 
of Section 28.1
of the Horse Racing Act of 1975 shall be made, 
pursuant to appropriation, from
the special funds referred to 
in the statutes cited in that subsection, rather
than directly 
from the General Revenue Fund.

    Beginning January 1, 2000, on the first day of each month, 
or as soon
as may be practical thereafter, the State 
Comptroller shall direct and the
State Treasurer shall transfer 
from the General Revenue Fund to each of the
special funds from 
which payments are to be made under Section 28.1(d) of the

Horse Racing Act of 1975 an amount equal to 1/12 of the annual 
amount required
for those payments from that special fund, 
which annual amount shall not exceed
the annual amount for 
those payments from that special fund for the calendar
year 
1998.  The special funds to which transfers shall be made under 
this
subsection (d) include, but are not necessarily limited 
to, the Agricultural
Premium Fund; the Metropolitan Exposition 
Auditorium and Office Building Fund;
the Fair and Exposition 
Fund; the Standardbred Breeders Fund; the Thoroughbred

Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.

    (e) In addition to any other transfers that may be provided 
for by law,
as soon as may be practical after the effective 
date of this amendatory Act of
the 91st General Assembly, but 
in no event later than June 30, 2000, the State
Comptroller 
shall direct and the State Treasurer shall transfer the sum of

$15,000,000 from the General Revenue Fund to the Fund for 
Illinois' Future.

    (f) In addition to any other transfers that may be provided 
for by law,
as soon as may be practical after the effective 
date of this amendatory Act of
the 91st General Assembly, but 
in no event later than June 30, 2000, the State
Comptroller 
shall direct and the State Treasurer shall transfer the sum of

$70,000,000 from the General Revenue Fund to the Long-Term Care 
Provider
Fund.

    (f-1) In fiscal year 2002, in addition to any other 
transfers that may
be provided for by law, at the direction of 
and upon notification from the
Governor, the State Comptroller 
shall direct and the State Treasurer shall
transfer amounts not 
exceeding a total of $160,000,000 from the General
Revenue Fund 
to the Long-Term Care Provider Fund.

    (g) In addition to any other transfers that may be provided 
for by law,
on July 1, 2001, or as soon thereafter as may be 
practical, the State
Comptroller shall direct and the State 
Treasurer shall transfer the sum of
$1,200,000 from the General 
Revenue Fund to the Violence Prevention Fund.

    (h) In each of fiscal years 2002 through 2004, but not

thereafter, in
addition to any other transfers that may be 
provided for by law, the State
Comptroller shall direct and the 
State Treasurer shall transfer $5,000,000
from the General 
Revenue Fund to the Tourism Promotion Fund.

    (i) On or after July 1, 2001 and until May 1, 2002, in 
addition to any
other transfers that may be provided for by 
law, at the direction of and upon
notification from the 
Governor, the State Comptroller shall direct and the
State 
Treasurer shall transfer amounts not exceeding a total of 
$80,000,000
from the General Revenue Fund to the Tobacco 
Settlement Recovery Fund.
Any amounts so transferred shall be 
re-transferred by the State Comptroller
and the State Treasurer 
from the Tobacco Settlement Recovery Fund to the
General 
Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2002.

    (i-1) On or after July 1, 2002 and until May 1, 2003, in 
addition to any
other transfers that may be provided for by 
law, at the direction of and upon
notification from the 
Governor, the State Comptroller shall direct and the
State 
Treasurer shall transfer amounts not exceeding a total of 
$80,000,000
from the General Revenue Fund to the Tobacco 
Settlement Recovery Fund.
Any amounts so transferred shall be 
re-transferred by the State Comptroller
and the State Treasurer 


from the Tobacco Settlement Recovery Fund to the
General 
Revenue Fund at the direction of and upon notification from the

Governor, but in any event on or before June 30, 2003.

    (j) On or after July 1, 2001 and no later than June 30, 
2002, in addition to
any other transfers that may be provided 
for by law, at the direction of and
upon notification from the 
Governor, the State Comptroller shall direct and the
State 
Treasurer shall transfer amounts not to exceed the following 
sums into
the Statistical Services Revolving Fund:





























































































    From the General Revenue Fund.................$8,450,000
    From the Public Utility Fund..................1,700,000
    From the Transportation Regulatory Fund.......2,650,000
    From the Title III Social Security and
     Employment Fund..............................3,700,000
    From the Professions Indirect Cost Fund.......4,050,000
    From the Underground Storage Tank Fund........550,000
    From the Agricultural Premium Fund............750,000
    From the State Pensions Fund..................200,000
    From the Road Fund............................2,000,000
    From the Health Facilities
     Planning Fund................................1,000,000
    From the Savings and Residential Finance
     Regulatory Fund..............................130,800
    From the Appraisal Administration Fund........28,600
    From the Pawnbroker Regulation Fund...........3,600
    From the Auction Regulation
     Administration Fund..........................35,800
    From the Bank and Trust Company Fund..........634,800
    From the Real Estate License
     Administration Fund..........................313,600
    (k) In addition to any other transfers that may be provided 
for by law,
as soon as may be practical after the effective 
date of this amendatory Act of
the 92nd General Assembly, the 
State Comptroller shall direct and the State
Treasurer shall 
transfer the sum of $2,000,000 from the General Revenue Fund
to 
the Teachers Health Insurance Security Fund.



    (k-1) In addition to any other transfers that may be 
provided for by
law, on July 1, 2002, or as soon as may be 
practical thereafter, the State
Comptroller shall direct and 
the State Treasurer shall transfer the sum of
$2,000,000 from 
the General Revenue Fund to the Teachers Health Insurance

Security Fund.

    (k-2) In addition to any other transfers that may be 
provided for by
law, on July 1, 2003, or as soon as may be 
practical thereafter, the State
Comptroller shall direct and 
the State Treasurer shall transfer the sum of
$2,000,000 from 
the General Revenue Fund to the Teachers Health Insurance

Security Fund.

    (k-3) On or after July 1, 2002 and no later than June 30, 
2003, in
addition to any other transfers that may be provided 
for by law, at the
direction of and upon notification from the 
Governor, the State Comptroller
shall direct and the State 
Treasurer shall transfer amounts not to exceed the
following 
sums into the Statistical Services Revolving Fund:





























































    Appraisal Administration Fund.................$150,000
    General Revenue Fund..........................10,440,000
    Savings and Residential Finance
        Regulatory Fund...........................200,000
    State Pensions Fund...........................100,000
    Bank and Trust Company Fund...................100,000
    Professions Indirect Cost Fund................3,400,000
    Public Utility Fund...........................2,081,200
    Real Estate License Administration Fund.......150,000
    Title III Social Security and
        Employment Fund...........................1,000,000
    Transportation Regulatory Fund................3,052,100
    Underground Storage Tank Fund.................50,000
    (l) In addition to any other transfers that may be provided 
for by law, on
July 1, 2002, or as soon as may be practical 
thereafter, the State Comptroller
shall direct and the State 
Treasurer shall transfer the sum of $3,000,000 from
the General 
Revenue Fund to the Presidential Library and Museum Operating



Fund.

    (m) In addition to any other transfers that may be provided 
for by law, on
July 1, 2002 and on the effective date of this 
amendatory Act of the 93rd
General Assembly, or as soon 
thereafter as may be practical, the State Comptroller
shall 
direct and the State Treasurer shall transfer the sum of 
$1,200,000 from
the General Revenue Fund to the Violence 
Prevention Fund.

    (n) In addition to any other transfers that may be provided 
for by law,
on July 1,
2003, or as soon thereafter as may be 
practical, the State Comptroller shall
direct and the
State 
Treasurer shall transfer the sum of $6,800,000 from the General 
Revenue
Fund to
the DHS Recoveries Trust Fund.

    (o) On or after July 1, 2003, and no later than June 30, 
2004, in
addition to any
other transfers that may be provided 
for by law, at the direction of and upon
notification
from the 
Governor, the State Comptroller shall direct and the State 
Treasurer
shall
transfer amounts not to exceed the following 
sums into the Vehicle Inspection
Fund:













    From the Underground Storage Tank Fund .......$35,000,000.
    (p) On or after July 1, 2003 and until May 1, 2004, in 
addition to any
other
transfers that may be provided for by 
law, at the direction of and upon
notification from
the 
Governor, the State Comptroller shall direct and the State 
Treasurer shall
transfer
amounts not exceeding a total of 
$80,000,000 from the General Revenue Fund to
the
Tobacco 
Settlement Recovery Fund. Any amounts so transferred shall be

re-transferred
from the Tobacco Settlement Recovery Fund to the 
General Revenue Fund at the
direction of and upon notification 
from the Governor, but in any event on or
before June
30, 2004.

    (q) In addition to any other transfers that may be provided 
for by law, on
July 1,
2003, or as soon as may be practical 
thereafter, the State Comptroller shall
direct and the
State 
Treasurer shall transfer the sum of $5,000,000 from the General 
Revenue
Fund to
the Illinois Military Family Relief Fund.

    (r) In addition to any other transfers that may be provided 
for by law, on
July 1,
2003, or as soon as may be practical 
thereafter, the State Comptroller shall
direct and the
State 
Treasurer shall transfer the sum of $1,922,000 from the General 
Revenue
Fund to
the Presidential Library and Museum Operating 
Fund.

    (s) In addition to any other transfers that may be provided 
for by law, on
or after
July 1, 2003, the State Comptroller 
shall direct and the State Treasurer shall
transfer the
sum of 
$4,800,000 from the Statewide Economic Development Fund to the 
General
Revenue Fund.

    (t) In addition to any other transfers that may be provided 
for by law, on
or after
July 1, 2003, the State Comptroller 
shall direct and the State Treasurer shall
transfer the
sum of 
$50,000,000 from the General Revenue Fund to the Budget 
Stabilization
Fund.

    (u) On or after July 1, 2004 and until May 1, 2005, in 
addition to any other transfers that may be provided for by 
law, at the direction of and upon notification from the 
Governor, the State Comptroller shall direct and the State 
Treasurer shall transfer amounts not exceeding a total of 
$80,000,000 from the General Revenue Fund to the Tobacco 
Settlement Recovery Fund.  Any amounts so transferred shall be 
retransferred by the State Comptroller and the State Treasurer 
from the Tobacco Settlement Recovery Fund to the General 
Revenue Fund at the direction of and upon notification from the 
Governor, but in any event on or before June 30, 2005.

    (v) In addition to any other transfers that may be provided 
for by law, on July 1, 2004, or as soon thereafter as may be 
practical, the State Comptroller shall direct and the State 
Treasurer shall transfer the sum of $1,200,000 from the General 
Revenue Fund to the Violence Prevention Fund.
    (w) In addition to any other transfers that may be provided 
for by law, on July 1, 2004, or as soon thereafter as may be 
practical, the State Comptroller shall direct and the State 
Treasurer shall transfer the sum of $6,445,000 from the General 
Revenue Fund to the Presidential Library and Museum Operating 
Fund.

    (x) In addition to any other transfers that may be provided 
for by law, on January 15, 2005, or as soon thereafter as may 
be practical, the State Comptroller shall direct and the State 
Treasurer shall transfer to the General Revenue Fund the 
following sums:
        From the State Crime Laboratory Fund, $200,000;
        From the State Police Wireless Service Emergency Fund, 
    $200,000;
        From the State Offender DNA Identification System 
    Fund, $800,000; and
        From the State Police Whistleblower Reward and 
    Protection Fund, $500,000.

    (y) Notwithstanding any other provision of law to the 
contrary, in addition to any other transfers that may be 
provided for by law on June 30, 2005, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer the remaining balance from 
the designated funds into the General Revenue Fund and any 
future deposits that would otherwise  be made into these funds 
must instead be made into the General Revenue Fund:

        (1) the Keep Illinois Beautiful Fund;

        (2) the
Metropolitan Fair and Exposition Authority 
    Reconstruction Fund;
        (3) the
New Technology Recovery Fund;
        (4) the Illinois Rural Bond Bank Trust Fund;
        (5) the ISBE School Bus Driver Permit Fund;
        (6) the
Solid Waste Management Revolving Loan Fund;
        (7)
the State Postsecondary Review Program Fund;
        (8)  the
Tourism Attraction Development Matching Grant 
    Fund;
        (9) the
Patent and Copyright Fund;
        (10) the
Credit Enhancement Development Fund;
        (11) the
Community Mental Health and Developmental 
    Disabilities Services Provider Participation Fee Trust 
    Fund;
        (12) the
Nursing Home Grant Assistance Fund;
        (13) the
By-product Material Safety Fund;
        (14) the
Illinois Student Assistance Commission Higher 
    EdNet Fund;
        (15) the
DORS State Project Fund;
        (16) the School Technology Revolving Fund;
        (17) the
Energy Assistance Contribution Fund;
        (18) the
Illinois Building Commission Revolving Fund;
        (19) the
Illinois Aquaculture Development Fund;
        (20) the
Homelessness Prevention Fund;
        (21) the
DCFS Refugee Assistance Fund;
        (22) the
Illinois Century Network Special Purposes 
    Fund; and
        (23) the
Build Illinois Purposes Fund.

    (z) In addition to any other transfers that may be provided 
for by law, on July 1, 2005, or as soon as may be practical 
thereafter, the State Comptroller shall direct and the State 
Treasurer shall transfer the sum of $1,200,000 from the General 
Revenue Fund to the Violence Prevention Fund.

    (aa) In addition to any other transfers that may be 
provided for by law, on July 1, 2005, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer the sum of $9,000,000 from 
the General Revenue Fund to the Presidential Library and Museum 
Operating Fund.

    (bb) In addition to any other transfers that may be 
provided for by law, on July 1, 2005, or as soon as may be 
practical thereafter, the State Comptroller shall direct and 
the State Treasurer shall transfer the sum of $6,803,600 from 
the General Revenue Fund to the Securities Audit and 
Enforcement Fund.

    (cc) In addition to any other transfers that may be 
provided for by law, on or after July 1, 2005 and until May 1, 
2006, at the direction of and upon notification from the 
Governor, the State Comptroller shall direct and the State 
Treasurer shall transfer amounts not exceeding a total of 
$80,000,000 from the General Revenue Fund to the Tobacco 
Settlement Recovery Fund.  Any amounts so transferred shall be 
re-transferred by the State Comptroller and the State Treasurer 
from the Tobacco Settlement Recovery Fund to the General 
Revenue Fund at the direction of and upon notification from the 
Governor, but in any event on or before June 30, 2006.

    (dd)
(y) In addition to any other transfers that may be 
provided for by law, on April 1, 2005, or as soon thereafter as 
may be practical, at the direction of the Director of Public 
Aid (now Director of Healthcare and Family Services), the State 
Comptroller shall direct and the State Treasurer shall transfer 
from the Public Aid Recoveries Trust Fund amounts not to exceed 
$14,000,000 to the Community Mental Health Medicaid Trust Fund.
    (ee) Notwithstanding any other provision of law, on July 1, 
2006, or as soon thereafter as practical, the State Comptroller 
shall direct and the State Treasurer shall transfer the 
remaining balance from the Illinois Civic Center Bond Fund to 
the Illinois Civic Center Bond Retirement and Interest Fund.
    (ff) In addition to any other transfers that may be 
provided for by law, on and after July 1, 2006 and until June 
30, 2007, at the direction of and upon notification from 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 $1,900,000 from the 
General Revenue Fund to the Illinois Capital Revolving Loan 
Fund.
    (gg) In addition to any other transfers that may be 
provided for by law, on and after July 1, 2006 and until May 1, 
2007, at the direction of and upon notification from the 
Governor, the State Comptroller shall direct and the State 
Treasurer shall transfer amounts not exceeding a total of 
$80,000,000 from the General Revenue Fund to the Tobacco 
Settlement Recovery Fund. Any amounts so transferred shall be 
retransferred by the State Comptroller and the State Treasurer 
from the Tobacco Settlement Recovery Fund to the General 
Revenue Fund at the direction of and upon notification from the 
Governor, but in any event on or before June 30, 2007.
    (hh) In addition to any other transfers that may be 
provided for by law, on and after July 1, 2006 and until June 
30, 2007, at the direction of and upon notification from the 
Governor, the State Comptroller shall direct and the State 
Treasurer shall transfer amounts from the Illinois Affordable 
Housing Trust Fund to the designated funds not exceeding the 
following amounts:
    DCFS Children's Services Fund.................$2,200,000

    Department of Corrections Reimbursement
        and Education Fund........................$1,500,000

    Supplemental Low-Income Energy
        Assistance Fund..............................$75,000

    (ii) In addition to any other transfers that may be 
provided for by law, on or before August 31, 2006, the Governor 
and the State Comptroller may agree to transfer the surplus 
cash balance from the General Revenue Fund to the Budget 
Stabilization Fund and the Pension Stabilization Fund in equal 
proportions. The determination of the amount of the surplus 
cash balance shall be made by the Governor, with the 
concurrence of the State Comptroller, after taking into account 
the June 30, 2006 balances in the general funds and the actual 
or estimated spending from the general funds during the lapse 
period. Notwithstanding the foregoing, the maximum amount that 
may be transferred under this subsection (ii) is $50,000,000.
    (jj) In addition to any other transfers that may be 
provided for by law, on July 1, 2006, or as soon thereafter as 
practical, the State Comptroller shall direct and the State 
Treasurer shall transfer the sum of $8,250,000 from the General 
Revenue Fund to the Presidential Library and Museum Operating 
Fund.
    (kk) In addition to any other transfers that may be 
provided for by law, on July 1, 2006, or as soon thereafter as 
practical, the State Comptroller shall direct and the State 
Treasurer shall transfer the sum of $1,400,000 from the General 
Revenue Fund to the Violence Prevention Fund.

    (ll) In addition to any other transfers that may be 
provided for by law, on the first day of each calendar quarter 
of the fiscal year beginning July 1, 2006, or as soon 
thereafter as practical, the State Comptroller shall direct and 
the State Treasurer shall transfer from the General Revenue 
Fund amounts equal to one-fourth of $20,000,000 to the 
Renewable Energy Resources Trust Fund.
    (mm) In addition to any other transfers that may be 
provided for by law, on July 1, 2006, or as soon thereafter as 
practical, the State Comptroller shall direct and the State 
Treasurer shall transfer the sum of $1,320,000 from the General 
Revenue Fund to the I-FLY Fund.
    (nn) In addition to any other transfers that may be 
provided for by law, on July 1, 2006, or as soon thereafter as 
practical, the State Comptroller shall direct and the State 
Treasurer shall transfer the sum of $3,000,000 from the General 
Revenue Fund to the African-American HIV/AIDS Response Fund.
    (oo) In addition to any other transfers that may be 
provided for by law, on and after July 1, 2006 and until June 
30, 2007, at the direction of and upon notification from the 
Governor, the State Comptroller shall direct and the State 
Treasurer shall transfer amounts identified as net receipts 
from the sale of all or part of the Illinois Student Assistance 
Commission loan portfolio from the Student Loan Operating Fund 
to the General Revenue Fund. The maximum amount that may be 
transferred pursuant to this Section is $38,800,000. In 
addition, no transfer may be made pursuant to this Section that 
would have the effect of reducing the available balance in the 
Student Loan Operating Fund to an amount less than the amount 
remaining unexpended and unreserved from the total 
appropriations from the Fund estimated to be expended for the 
fiscal year. The State Treasurer and Comptroller shall transfer 
the amounts designated under this Section as soon as may be 
practical after receiving the direction to transfer from the 
Governor.

(Source: P.A. 93-32, eff. 6-20-03; 93-648, eff. 1-8-04; 93-839, 
eff. 7-30-04; 93-1067, eff. 1-15-05; 94-58, eff. 6-17-05; 
94-91, eff. 7-1-05; revised 12-15-05.)

 
    (30 ILCS 105/8h)


    Sec. 8h. Transfers to General Revenue Fund.  
    (a) Except as provided in subsection (b), (c), (d), or (e),

notwithstanding any other
State law to the contrary, the 
Governor


may, through June 30, 2007, from time to time direct 
the State Treasurer and Comptroller to transfer
a specified sum 
from any fund held by the State Treasurer to the General

Revenue Fund in order to help defray the State's operating 
costs for the
fiscal year.  The total transfer under this 
Section from any fund in any
fiscal year shall not exceed the 
lesser of (i) 8% of the revenues to be deposited
into the fund 
during that fiscal year or (ii) an amount that leaves a 
remaining fund balance of 25% of the July 1 fund balance of 
that fiscal year. In fiscal year 2005 only, prior to 
calculating the July 1, 2004 final balances, the Governor may 
calculate and direct the State Treasurer with the Comptroller 
to transfer additional amounts determined by applying the 
formula authorized in Public Act 93-839 to the funds balances 
on July 1, 2003.
No transfer may be made from a fund under this 
Section that would have the
effect of reducing the available 
balance in the fund to an amount less than
the amount remaining 
unexpended and unreserved from the total appropriation
from 
that fund estimated to be expended for that fiscal year.  This 
Section does not apply to any
funds that are restricted by 
federal law to a specific use, to any funds in
the Motor Fuel 
Tax Fund, the Intercity Passenger Rail Fund, the Hospital 
Provider Fund, the Medicaid Provider Relief Fund, the Teacher 
Health Insurance Security Fund, the Reviewing Court 
Alternative Dispute Resolution Fund, or the Voters' Guide Fund, 
the Foreign Language Interpreter Fund, the Lawyers' Assistance 
Program Fund, the Supreme Court Federal Projects Fund, the 
Supreme Court Special State Projects Fund, or the Low-Level 
Radioactive Waste Facility Development and Operation Fund, or 
the Hospital Basic Services Preservation Fund, or to any
funds 
to which subsection (f) of Section 20-40 of the Nursing and 
Advanced Practice Nursing Act applies. No transfers may be made 
under this Section from the Pet Population Control Fund.   
Notwithstanding any
other provision of this Section, for fiscal 
year 2004,
the total transfer under this Section from the Road 
Fund or the State
Construction Account Fund shall not exceed 
the lesser of (i) 5% of the revenues to be deposited
into the 
fund during that fiscal year or (ii) 25% of the beginning 
balance in the fund.
For fiscal year 2005 through fiscal year 
2007, no amounts may be transferred under this Section from the 
Road Fund, the State Construction Account Fund, the Criminal 
Justice Information Systems Trust Fund, the Wireless Service 
Emergency Fund, or the Mandatory Arbitration Fund.

    In determining the available balance in a fund, the 
Governor


may include receipts, transfers into the fund, and 
other
resources anticipated to be available in the fund in that 
fiscal year.


    The State Treasurer and Comptroller shall transfer the 
amounts designated
under this Section as soon as may be 
practicable after receiving the direction
to transfer from the 
Governor.


    (b) This Section does not apply to: (i) the Ticket For The 
Cure Fund; (ii)
or to any fund established under the Community 
Senior Services and Resources Act; or (iii)
(ii) on or after 
January 1, 2006 (the effective date of Public Act 94-511)
this 
amendatory Act of the 94th General Assembly, the Child Labor 
and Day and Temporary Labor Enforcement Fund.
    (c) This Section does not apply to the Demutualization 
Trust Fund established under the Uniform Disposition of 
Unclaimed Property Act.

    (d)
(c) This Section does not apply to moneys set aside in 
the Illinois State Podiatric Disciplinary Fund for podiatric 
scholarships and residency programs under the Podiatric 
Scholarship and Residency Act.
    (e) Subsection (a) does not apply to, and no transfer may 
be made under this Section from, the Pension Stabilization 
Fund.

(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, 
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; 
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. 
1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. 
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, 
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; 
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)

 


    (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.

    (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.   During State fiscal year 2005, an agency may 
transfer amounts among its appropriations within the same 
treasury fund for personal services, employee retirement 
contributions paid by employer, and State Contributions to 
retirement systems; notwithstanding and in addition to the 
transfers authorized in subsection (c) of this Section, the 
fiscal year 2005 transfers authorized in this sentence may be 
made in an amount not to exceed 2% of the aggregate amount 
appropriated to an agency within the same treasury fund. During 
State fiscal year 2007, the Departments of Children and Family 
Services, Corrections, Human Services, and Juvenile Justice 
may transfer amounts among their respective appropriations 
within the same treasury fund for personal services, employee 
retirement contributions paid by employer, and State 
contributions to retirement systems. Notwithstanding, and in 
addition to, the transfers authorized in subsection (c) of this 
Section, these transfers may be made in an amount not to exceed 
2% of the aggregate amount appropriated to an agency within the 
same treasury fund.

    (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.

    (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 Illinois Department of Healthcare and Family Services

Public Aid 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 2% 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: Homemaker and Senior 
Companion Services, Alternative Senior Services, Case 
Coordination
Units, and Adult Day Care Services.

    The State Treasurer is authorized to make transfers among 
line item
appropriations
from the Capital Litigation Trust 
Fund, with respect to costs incurred in
fiscal years 2002 and 
2003 only, when the balance remaining in one or
more such
line 
item appropriations is insufficient for the purpose for which 
the
appropriation was
made, 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.

    (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; 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) Special provisions for State fiscal year 2003. 
Notwithstanding any
other provision of this Section to the 
contrary, for State fiscal year 2003
only, transfers among line 
item appropriations to an agency from the same
treasury fund 
may be made provided that the sum of such transfers for an 
agency
in State fiscal year 2003 shall not exceed 3% of the 
aggregate amount
appropriated to that State agency for State 
fiscal year 2003 for the following
objects: personal services, 
except that no transfer may be approved which
reduces the 
aggregate appropriations for personal services within an 
agency;
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; and, in appropriations to institutions of higher 
education,
awards and grants.

    (c-2)  Special provisions for State fiscal year 2005.  
Notwithstanding subsections (a), (a-2), and (c), for State 
fiscal year 2005 only, transfers may be made among any line 
item appropriations from the same or any other treasury fund 
for any objects or purposes, without limitation, when the 
balance remaining in one or more such line item appropriations 
is insufficient for the purpose for which the appropriation was 
made, provided that the sum of those transfers by a State 
agency shall not exceed 4% of the aggregate amount appropriated 
to that State agency for fiscal year 2005.

    (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.

(Source: P.A. 92-600, eff. 6-28-02; 92-885, eff. 1-13-03; 
93-680, eff. 7-1-04; 93-839, eff. 7-30-04; revised 12-15-05.)

 

    (30 ILCS 105/5.344 rep.)


    Section 5-45. The State Finance Act is amended  by repealing 
Section 5.344 on September 1, 2006.
 
    Section 5-46. The Budget Stabilization Act is amended  by 
changing Sections 10 and 15 and adding Sections 20 and 25 as 
follows:
 
    (30 ILCS 122/10)

    Sec. 10. Budget limitations.


    (a) In addition to Section 50-5 of the State Budget Law
of 
the Civil Administrative Code of Illinois, the General

Assembly's appropriations and transfers or diversions as 
required by
law from general funds shall not exceed
99%
99.5%

of the estimated general funds revenues for the fiscal
year 
when revenue estimates of the State's general funds
revenues 
exceed the prior fiscal year's estimated general
funds revenues 
by more than 4%.


    (b) The General Assembly's appropriations and transfers or

diversions as required by law from general
funds shall not 
exceed 98%
99% of the estimated general funds
revenues for the 
fiscal year when revenue estimates of the
State's general funds 
revenues exceed the prior fiscal year's
estimated general funds 
revenues by more than 4% for 2 or
more consecutive fiscal 
years.


    (c) For the purpose of this Act, "estimated general funds 
revenues"
include, for each budget year, all taxes, fees, and 
other revenues
expected to be deposited into the State's 
general funds, including
recurring transfers from other State 
funds into the general funds.


    Year-over-year comparisons used to determine the 
percentage growth
factor of estimated general funds revenues 
shall exclude the sum of the
following: (i) expected revenues 
resulting from new taxes or fees or
from tax or fee increases 
during the first year of the change, (ii)
expected revenues 
resulting from one-time receipts or non-recurring
transfers 
in, (iii) expected proceeds resulting from borrowing, and
(iv) 
increases in federal grants that must be completely 
appropriated
based on the terms of the grants.


(Source: P.A. 93-660, eff. 7-1-04.)
 
    (30 ILCS 122/15)

    Sec. 15. Transfers to Budget Stabilization Fund.
In 
furtherance of the State's objective for the Budget 
Stabilization
Fund to have resources representing 5% of the 
State's annual general
funds revenues:


    (a) For each fiscal year when the General Assembly's

appropriations and transfers or diversions as required by law

from general funds do not exceed 99%
99.5% of the
estimated 
general funds revenues pursuant to subsection (a)
of Section 
10, the Comptroller shall transfer from the
General Revenue 
Fund as provided by this Section a total
amount equal to 0.5%

.5% of the estimated general funds revenues
to the Budget 
Stabilization Fund.


    (b) For each fiscal year when the General Assembly's

appropriations and transfers or diversions as required by law

from general funds do not exceed 98%
99% of the
estimated 
general funds revenues pursuant to subsection (b)
of Section 
10, the Comptroller shall transfer from the
General Revenue 
Fund as provided by this Section a total
amount equal to 1% of 
the estimated general funds revenues to
the Budget 
Stabilization Fund.


    (c) The Comptroller shall transfer 1/12 of the total
amount 
to be transferred each fiscal year under this Section
into the 
Budget Stabilization Fund on the first day of each
month of 
that fiscal year or as soon thereafter as possible.
The balance 
of the Budget Stabilization Fund shall not exceed
5% of the 
total of general funds revenues estimated for that
fiscal year 
except as provided by subsection (d) of this Section.


    (d) If the balance of the Budget Stabilization Fund
exceeds 
5% of the total general funds revenues estimated for that

fiscal year, the additional transfers are not required unless 
there are
outstanding liabilities under Section 25 of the State 
Finance Act from prior
fiscal years. If there are such 
outstanding Section 25 liabilities, then the
Comptroller shall 
continue to transfer 1/12 of the total amount identified
for 
transfer to the Budget Stabilization Fund on the first day of 
each month
of that fiscal year or as soon thereafter as 
possible to be reserved for
those Section 25 liabilities. 
Nothing in this Act prohibits the General
Assembly from 
appropriating additional moneys into the Budget Stabilization

Fund.


    (e) On or before August 31 of each fiscal year, the amount

determined to be transferred to the Budget Stabilization Fund 
shall be
reconciled to actual general funds revenues for that 
fiscal year. The
final transfer for each fiscal year shall be 
adjusted so that the
total amount transferred under this 
Section is equal to the percentage specified in subsection
(a) 
or (b) of this Section 10 of this Act, as applicable, based on 
actual
general funds revenues calculated consistently with 
subsection (c) of
Section 10 of this Act for each fiscal year.


    (f) For the fiscal year beginning July 1, 2006 and for each 
fiscal
year thereafter, the budget proposal to the General 
Assembly shall identify
liabilities incurred in a
prior fiscal 
year under Section 25 of the State Finance Act and the budget

proposal shall provide
funding as allowable pursuant to 
subsection (d) of this Section, if
applicable.


(Source: P.A. 93-660, eff. 7-1-04.)
 
    (30 ILCS 122/20  new)
    Sec. 20. Pension Stabilization Fund.
    (a) The Pension Stabilization Fund is hereby created as a 
special fund in the State treasury. Moneys in the fund shall be 
used for the sole purpose of making payments to the designated  
retirement systems as provided in Section 25.

    (b) For each fiscal year when the General Assembly's

appropriations and transfers or diversions as required by law

from general funds do not exceed 99% of the
estimated general 
funds revenues pursuant to subsection (a)
of Section 10, the 
Comptroller shall transfer from the
General Revenue Fund as 
provided by this Section a total
amount equal to 0.5% of the 
estimated general funds revenues
to the Pension Stabilization 
Fund.
    (c) For each fiscal year when the General Assembly's

appropriations and transfers or diversions as required by law

from general funds do not exceed 98% of the
estimated general 
funds revenues pursuant to subsection (b)
of Section 10, the 
Comptroller shall transfer from the
General Revenue Fund as 
provided by this Section a total
amount equal to 1.0% of the 
estimated general funds revenues
to the Pension Stabilization 
Fund.
    (d) The Comptroller shall transfer 1/12 of the total
amount 
to be transferred each fiscal year under this Section
into the 
Pension Stabilization Fund on the first day of each
month of 
that fiscal year or as soon thereafter as possible; except that 
the final transfer of the fiscal year shall be made as soon as 
practical after the August 31 following the end of the  fiscal 
year.
    Before the final transfer for a fiscal year is made, the 
Comptroller shall reconcile the estimated general funds 
revenues used in calculating the other transfers under this 
Section for that fiscal year with the actual general funds 
revenues for that fiscal year. The
final transfer for the 
fiscal year shall be adjusted so that the
total amount 
transferred under this Section for that fiscal year is equal to 
the percentage specified in subsection
(b) or (c) of this 
Section, whichever is applicable, of the actual
general funds 
revenues for that fiscal year.  The actual general funds 
revenues for the fiscal year shall be calculated in a manner 
consistent with subsection (c) of
Section 10 of this Act.

 
    (30 ILCS 122/25 new)

    Sec. 25. Transfers from the Pension Stabilization Fund.
    (a) As used in this Section, "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) As soon as may be practical after any money is 
deposited into the Pension Stabilization Fund, the State 
Comptroller shall apportion the deposited  amount among the 
designated retirement systems and the State Comptroller and 
State Treasurer shall pay the apportioned amounts to the 
designated retirement systems.  The amount deposited shall be 
apportioned among the designated retirement systems in the same 
proportion as their respective portions of the
total actuarial 
reserve deficiency of the designated retirement systems, as 
most
recently determined by the Governor's Office of Management 
and
Budget. Amounts received by a designated retirement system 
under this Section shall be used for funding the unfunded 
liabilities of the retirement system. Payments under this 
Section are authorized by the continuing appropriation under 
Section 1.7 of the State Pension Funds Continuing Appropriation 
Act.
    (c) At the request of the State Comptroller, the Governor's 
Office of Management and Budget shall
determine the individual 
and total actuarial reserve deficiencies of the
designated 
retirement systems. For this purpose, the
Governor's Office of 
Management and Budget shall consider  the
latest available audit 
and actuarial reports of each of the
retirement systems and the 
relevant reports and statistics of

the Public Pension Division 
of the Department of
Financial and Professional Regulation.
    (d) Payments to the designated retirement systems  under 
this Section shall be in addition to, and not in lieu of, any 
State contributions required under Section 2-124, 14-131, 
15-155, 16-158, or 18-131 of the Illinois Pension Code.
 
    Section 5-55. The Illinois Income Tax Act is amended  by 
changing Section 901 as follows:
 



    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)


    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 
(20 ILCS 2505/2505-650).  Except as
provided in subsections (c) 
and (e) 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 (20 ILCS 2505/2505-650) 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
Public
Aid.

    (b) Local Governmental Distributive Fund.

    Beginning August 1, 1969, and continuing through June 30, 
1994, the Treasurer
shall transfer each month from the General 
Revenue Fund to a special fund in
the State treasury, to be 
known as the "Local Government Distributive Fund", an
amount 
equal to 1/12 of the net revenue realized from the tax imposed 
by
subsections (a) and (b) of Section 201 of this Act during 
the preceding month.
Beginning July 1, 1994, and continuing 
through June 30, 1995, the Treasurer
shall transfer each month 
from the General Revenue Fund to the Local Government

Distributive Fund an amount equal to 1/11 of the net revenue 
realized from the
tax imposed by subsections (a) and (b) of 
Section 201 of this Act during the
preceding month.  Beginning 
July 1, 1995, the Treasurer shall transfer each
month from the 
General Revenue Fund to the Local Government Distributive Fund

an amount equal to the net of (i) 1/10 of the net revenue 
realized from the
tax imposed by
subsections (a) and (b) of 
Section 201 of the Illinois Income Tax Act during
the preceding 
month
(ii) minus, beginning July 1, 2003 and ending June 30, 
2004, $6,666,666, and
beginning July 1,
2004,
zero. 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 in the General Revenue Fund, the 
Educational Assistance
Fund and the Income Tax Surcharge Local 
Government Distributive 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.

    (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.  The 
    Department shall deposit 6%
of such amounts during the 
    period beginning January 1, 1989 and ending on June
30, 
    1989.  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 years 1999 through
2001, the 
    Annual Percentage shall be 7.1%.
For fiscal year 2003, the 
    Annual Percentage shall be 8%.
For fiscal year 2004, the 
    Annual Percentage shall be 11.7%.  Upon the effective date 
    of this amendatory Act of the 93rd General Assembly, the 
    Annual Percentage shall be 10% for fiscal year 2005. For 
    fiscal year 2006, the Annual Percentage shall be 9.75%. For 
    fiscal year 2007, the Annual Percentage shall be 9.75%. 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.  The 
    Department shall deposit 18% of such amounts during the

    period beginning January 1, 1989 and ending on June 30, 
    1989.  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 years 1999, 2000, and 2001, 
    the
Annual Percentage shall be 19%.
For fiscal year 2003, 
    the Annual Percentage shall be 27%.  For fiscal year
2004, 
    the Annual Percentage shall be 32%.
Upon the effective date 
    of this amendatory Act of the 93rd General Assembly, the 
    Annual Percentage shall be 24% for fiscal year 2005.
For 
    fiscal year 2006, the Annual Percentage shall be 20%. For 
    fiscal year 2007, the Annual Percentage shall be 17.5%. 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, for paying
rebates 
    under Section 208.1 in the event that the amounts in the 
    Homeowners'
Tax Relief Fund are insufficient for that 
    purpose,
and for
making transfers pursuant to this 
    subsection (d).


        (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.


        (5) This Act shall constitute an irrevocable and 
    continuing
appropriation from the Income Tax Refund Fund 
    for the purpose of paying
refunds upon the order of the 
    Director in accordance with the provisions of
this Section.

    (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.

(Source: P.A. 93-32, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, 
eff. 7-1-05; revised 12-15-05.)

 
    Section 5-60. The Cigarette Tax Act is amended  by changing 
Section 2 as follows:
 



    (35 ILCS 130/2)  (from Ch. 120, par. 453.2)


    Sec. 2. Tax imposed; rate; collection, payment, and 
distribution;
discount.
    (a) A tax is imposed upon any person engaged in business as 
a
retailer of cigarettes in this State at the rate of 5 1/2 
mills per
cigarette sold, or otherwise disposed of in the 
course of such business in
this State. In addition to any other 
tax imposed by this Act, a tax is
imposed upon any person 
engaged in business as a retailer of cigarettes in
this State 
at a rate of 1/2 mill per cigarette sold or otherwise disposed

of in the course of such business in this State on and after 
January 1,
1947, and shall be paid into the Metropolitan Fair 
and Exposition Authority
Reconstruction Fund or as otherwise 
provided in Section 29. On and after December 1, 1985, in 
addition to any
other tax imposed by this Act, a tax is imposed 
upon any person engaged in
business as a retailer of cigarettes 
in this State at a rate of 4 mills per
cigarette sold or 
otherwise disposed of in the course of such business in
this 
State. Of the additional tax imposed by this amendatory Act of 
1985,
$9,000,000 of the moneys received by the Department of 
Revenue pursuant to
this Act shall be paid each month into the 
Common School Fund. On and after
the effective date of this 
amendatory Act of 1989, in addition to any other tax
imposed by 
this Act, a tax is imposed upon any person engaged in business 
as a
retailer of cigarettes at the rate of 5 mills per 
cigarette sold or
otherwise disposed of in the course of such 
business in this State.
On and after the effective date of this 
amendatory Act of 1993, in addition
to any other tax imposed by 
this Act, a tax is imposed upon any person engaged
in business 
as a retailer of cigarettes at the rate of 7 mills per 
cigarette
sold or otherwise disposed of in the course of such 
business in this State.
On and after December 15, 1997, in 
addition
to any other tax imposed by this Act, a tax is imposed 
upon any person engaged
in business as a retailer of cigarettes 
at the rate of 7 mills per cigarette
sold or otherwise disposed 
of in the course of such business of this State.
All of the 
moneys received by the Department of Revenue pursuant to this 
Act
and the Cigarette Use Tax Act from the additional taxes 
imposed by this
amendatory Act of 1997, shall be paid each 
month into the Common School Fund.
On and after July 1, 2002, 
in addition to any other tax imposed by this Act,
a tax is 
imposed upon any person engaged in business as a retailer of

cigarettes at the rate of 20.0 mills per cigarette sold or 
otherwise disposed
of
in the course of such business in this 
State.
The payment of such taxes shall be evidenced by a stamp 
affixed to
each original package of cigarettes, or an 
authorized substitute for such stamp
imprinted on each original 
package of such cigarettes underneath the sealed
transparent 
outside wrapper of such original package, as hereinafter 
provided.
However, such taxes are not imposed upon any activity 
in such business in
interstate commerce or otherwise, which 
activity may not under
the Constitution and statutes of the 
United States be made the subject of
taxation by this State.

    Beginning on the effective date of this amendatory Act of 
the 92nd General
Assembly and through June 30, 2006,
all of the 
moneys received by the Department of Revenue pursuant to this 
Act
and the Cigarette Use Tax Act, other than the moneys that 
are dedicated to the Common
School Fund, shall be distributed 
each month as follows: first, there shall be
paid into the 
General Revenue Fund an amount which, when added to the amount

paid into the Common School Fund for that month, equals 
$33,300,000, except that in the month of August of 2004, this 
amount shall equal $83,300,000; then, from
the moneys 
remaining, if any amounts required to be paid into the General

Revenue Fund in previous months remain unpaid, those amounts 
shall be paid into
the General Revenue Fund;
then, beginning on 
April 1, 2003, from the moneys remaining, $5,000,000 per
month 
shall be paid into the School Infrastructure Fund; then, if any 
amounts
required to be paid into the School Infrastructure Fund 
in previous months
remain unpaid, those amounts shall be paid 
into the School Infrastructure
Fund;
then the moneys remaining, 
if any, shall be paid into the Long-Term Care
Provider Fund.
To 
the extent that more than $25,000,000 has been paid into the 
General
Revenue Fund and Common School Fund per month for the 
period of July 1, 1993
through the effective date of this 
amendatory Act of 1994 from combined
receipts
of the Cigarette 
Tax Act and the Cigarette Use Tax Act, notwithstanding the

distribution provided in this Section, the Department of 
Revenue is hereby
directed to adjust the distribution provided 
in this Section to increase the
next monthly payments to the 
Long Term Care Provider Fund by the amount paid to
the General 
Revenue Fund and Common School Fund in excess of $25,000,000 
per
month and to decrease the next monthly payments to the 
General Revenue Fund and
Common School Fund by that same excess 
amount.

    Beginning on July 1, 2006, all of the moneys received by 
the Department of Revenue pursuant to this Act and the 
Cigarette Use Tax Act, other than the moneys that are dedicated 
to the Common School Fund, shall be distributed each month as 
follows: first, there shall be paid into the General Revenue 
Fund an amount that, when added to the amount paid into the 
Common School Fund for that month, equals $29,200,000; then, 
from the moneys remaining, if any amounts required to be paid 
into the General Revenue Fund in previous months remain unpaid, 
those amounts shall be paid into the General Revenue Fund; then 
from the moneys remaining, $5,000,000 per month shall be paid 
into the School Infrastructure Fund; then, if any amounts 
required to be paid into the School Infrastructure Fund in 
previous months remain unpaid, those amounts shall be paid into 
the School Infrastructure Fund; then the moneys remaining, if 
any, shall be paid into the Long-Term Care Provider Fund.

    When any tax imposed herein terminates or has terminated, 
distributors
who have bought stamps while such tax was in 
effect and who therefore paid
such tax, but who can show, to 
the Department's satisfaction, that they
sold the cigarettes to 
which they affixed such stamps after such tax had
terminated 
and did not recover the tax or its equivalent from purchasers,

shall be allowed by the Department to take credit for such 
absorbed tax
against subsequent tax stamp purchases from the 
Department by such
distributor.

    The impact of the tax levied by this Act is imposed upon 
the retailer
and shall be prepaid or pre-collected by the 
distributor for the purpose of
convenience and facility only, 
and the amount of the tax shall be added to
the price of the 
cigarettes sold by such distributor. Collection of the tax

shall be evidenced by a stamp or stamps affixed to each 
original package of
cigarettes, as hereinafter provided.

    Each distributor shall collect the tax from the retailer at 
or before
the time of the sale, shall affix the stamps as 
hereinafter required, and
shall remit the tax collected from 
retailers to the Department, as
hereinafter provided. Any 
distributor who fails to properly collect and pay
the tax 
imposed by this Act shall be liable for the tax. Any 
distributor having
cigarettes to which stamps have been affixed 
in his possession for sale on the
effective date of this 
amendatory Act of 1989 shall not be required to pay the

additional tax imposed by this amendatory Act of 1989 on such 
stamped
cigarettes. Any distributor having cigarettes to which 
stamps have been affixed
in his or her possession for sale at 
12:01 a.m. on the effective date of this
amendatory Act of 
1993, is required to pay the additional tax imposed by this

amendatory Act of 1993 on such stamped cigarettes.  This 
payment, less the
discount provided in subsection (b), shall be 
due when the distributor first
makes a purchase of cigarette 
tax stamps after the effective date of this
amendatory Act of 
1993, or on the first due date of a return under this Act
after 
the effective date of this amendatory Act of 1993, whichever 
occurs
first.  Any distributor having cigarettes to which stamps 
have been affixed
in his possession for sale on December 15, 
1997
shall not be required to pay the additional tax imposed by 
this amendatory Act
of 1997 on such stamped cigarettes.

    Any distributor having cigarettes to which stamps have been 
affixed in his
or her
possession for sale on July 1, 2002 shall 
not be required to pay the additional
tax imposed by this 
amendatory Act of the 92nd General Assembly on those
stamped

cigarettes.

    The amount of the Cigarette Tax imposed by this Act shall 
be separately
stated, apart from the price of the goods, by 
both distributors and
retailers, in all advertisements, bills 
and sales invoices.

    (b) The distributor shall be required to collect the taxes 
provided
under paragraph (a) hereof, and, to cover the costs of 
such collection,
shall be allowed a discount during any year 
commencing July 1st and ending
the following June 30th in 
accordance with the schedule set out
hereinbelow, which 
discount shall be allowed at the time of purchase of the
stamps 
when purchase is required by this Act, or at the time when the 
tax
is remitted to the Department without the purchase of 
stamps from the
Department when that method of paying the tax 
is required or authorized by
this Act.  Prior to December 1, 
1985, a discount equal to 1 2/3% of
the amount of the tax up to 
and including the first $700,000 paid hereunder by
such 
distributor to the Department during any such year; 1 1/3% of 
the next
$700,000 of tax or any part thereof, paid hereunder by 
such distributor to the
Department during any such year; 1% of 
the next $700,000 of tax, or any part
thereof, paid hereunder 
by such distributor to the Department during any such
year, and 
2/3 of 1% of the amount of any additional tax paid hereunder by 
such
distributor to the Department during any such year shall 
apply. On and after
December 1, 1985, a discount equal to 1.75% 
of the amount of the tax payable
under this Act up to and 
including the first $3,000,000 paid hereunder by such

distributor to the Department during any such year and 1.5% of 
the amount of
any additional tax paid hereunder by such 
distributor to the Department during
any such year shall apply.

    Two or more distributors that use a common means of 
affixing revenue tax
stamps or that are owned or controlled by 
the same interests shall be
treated as a single distributor for 
the purpose of computing the discount.

    (c) The taxes herein imposed are in addition to all other 
occupation or
privilege taxes imposed by the State of Illinois, 
or by any political
subdivision thereof, or by any municipal 
corporation.

(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)

 
    Section 5-65. The Motor Fuel Tax Law is amended  by changing 
Section 8 as follows:
 



    (35 ILCS 505/8)  (from Ch. 120, par. 424)


    Sec. 8. Except as provided in 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 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;

    (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) $2,250,000 shall be transferred each month to the Grade 
Crossing
Protection Fund to be used as follows: not less than 
$6,000,000 each fiscal
year shall be used for the construction 
or reconstruction of rail highway grade
separation structures; 
$2,250,000 in fiscal year 2004 and each fiscal
year
thereafter 
shall be transferred to the Transportation
Regulatory Fund and 
shall be accounted for as part of the rail carrier
portion of 
such funds 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 including the 
necessary highway approaches thereto of any
railroad across the 
highway or public road, or for the installation,
construction, 
reconstruction, or maintenance of 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 shall not order more than $2,000,000 per year in 
Grade
Crossing Protection Fund moneys for pedestrian walkways.

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), (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 of this Act and 
    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, 
    2008
2006,
for the administration of the Vehicle Emissions 
    Inspection Law of
1995, to be transferred by the State 
    Comptroller and Treasurer from the Motor
Fuel Tax Fund into 
    the Vehicle Inspection Fund;


        (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), (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.

    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, 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.  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.  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 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 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, "road
district" also includes park 
districts, forest preserve districts and
conservation 
districts organized under Illinois law and "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. 92-16, eff. 6-28-01; 92-30, eff. 7-1-01; 93-32, 
eff. 6-20-03; 93-839, eff. 7-30-04.)

 
    Section 5-70. The Illinois Pension Code is amended  by 
changing Sections 2-124, 14-108.6, 14-131, 15-155, 16-158, and 
18-131 as follows:
 



    (40 ILCS 5/2-124)  (from Ch. 108 1/2, par. 2-124)


    Sec. 2-124. Contributions by State. 

    (a) The State shall make contributions to the System by

appropriations of amounts which, together with the 
contributions of
participants, interest earned on investments, 
and other income
will meet the cost of maintaining and 
administering the System on a 90%
funded basis in accordance 
with actuarial recommendations.

    (b) The Board shall determine the amount of State

contributions required for each fiscal year on the basis of the

actuarial tables and other assumptions adopted by the Board and 
the
prescribed rate of interest, using the formula in 
subsection (c).

    (c) For State fiscal years 2011 through 2045, the minimum 
contribution
to the System to be made by the State for each 
fiscal year shall be an amount
determined by the System to be 
sufficient to bring the total assets of the
System up to 90% of 
the total actuarial liabilities of the System by the end of

State fiscal year 2045.  In making these determinations, the 
required State
contribution shall be calculated each year as a 
level percentage of payroll
over the years remaining to and 
including fiscal year 2045 and shall be
determined under the 
projected unit credit actuarial cost method.

    For State fiscal years 1996 through 2005, the State 
contribution to
the System, as a percentage of the applicable 
employee payroll, shall be
increased in equal annual increments 
so that by State fiscal year 2011, the
State is contributing at 
the rate required under this Section.

    Notwithstanding any other provision of this Article, the 
total required State
contribution for State fiscal year 2006 is 
$4,157,000.

    Notwithstanding any other provision of this Article, the 
total required State
contribution for State fiscal year 2007 is 
$5,220,300.

    For each of State fiscal years 2008 through 2010, the State 
contribution to
the System, as a percentage of the applicable 
employee payroll, shall be
increased in equal annual increments 
from the required State contribution for State fiscal year 
2007, so that by State fiscal year 2011, the
State is 
contributing at the rate otherwise required under this Section.

    Beginning in State fiscal year 2046, the minimum State 
contribution for
each fiscal year shall be the amount needed to 
maintain the total assets of
the System at 90% of the total 
actuarial liabilities of the System.

    Amounts received by the System pursuant to Section 25 of 
the Budget Stabilization Act in any fiscal year do not reduce 
and do not constitute payment of any portion of the minimum 
State contribution required under this Article in that fiscal 
year.  Such amounts shall not reduce, and shall not be included 
in the calculation of, the required State contributions under 
this Article in any future year until the System has reached a 
funding ratio of at least 90%.  A reference in this Article to 
the "required State contribution" or any substantially similar 
term does not include or apply to any amounts payable to the 
System under  Section 25 of the Budget Stabilization Act.

    Notwithstanding any other provision of this Section, the 
required State
contribution for State fiscal year 2005 and for 
fiscal year 2008 and each fiscal year thereafter, as
calculated 
under this Section and
certified under Section 2-134, shall not 
exceed an amount equal to (i) the
amount of the required State 
contribution that would have been calculated under
this Section 
for that fiscal year if the System had not received any 
payments
under subsection (d) of Section 7.2 of the General 
Obligation Bond Act, minus
(ii) the portion of the State's 
total debt service payments for that fiscal
year on the bonds 
issued for the purposes of that Section 7.2, as determined
and 
certified by the Comptroller, that is the same as the System's 
portion of
the total moneys distributed under subsection (d) of 
Section 7.2 of the General
Obligation Bond Act. In determining 
this maximum for State fiscal years 2008 through 2010, however, 
the amount referred to in item (i) shall be increased, as a 
percentage of the applicable employee payroll, in equal 
increments calculated from the sum of the required State 
contribution for State fiscal year 2007 plus the applicable 
portion of the State's total debt service payments for fiscal 
year 2007  on the bonds issued for the purposes of Section 7.2 
of the General
Obligation Bond Act, so that, by State fiscal 
year 2011, the
State is contributing at the rate otherwise 
required under this Section.


(Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)

 
    (40 ILCS 5/14-108.6)
    Sec. 14-108.6. Alternative retirement cancellation 
payment.
    (a) To be eligible for the alternative retirement 
cancellation payment provided in this Section, a person
must:
        (1) be a member of this System who, as of June 1, 2006

    July 1, 2005, was
(i) in active payroll status as an 
    employee in a position listed in subsection (b)  of this 
    Section
and continuously employed in a position listed in 
    subsection (b) on and after January 1, 2006
2005 and (ii) 
    an active contributor to this System with respect to that 
    employment;
        (2) have not previously received any retirement 
    annuity under this Article;
        (3) in the case of persons employed in a position title 
    listed under paragraph (1) of subsection (b), be among the 
    first 500 persons to file with the Board on or before 
    August 31, 2006
September 30, 2005 a written
application 
    requesting the alternative retirement cancellation payment 
    provided in this Section;
        (4) in the case of persons employed in a position title 
    listed under paragraph (2) of subsection (b), have received 
    written authorization from the director or other head of 
    his or her department and filed that authorization with the 
    system on or before August 1, 2006
September 1, 2005;
        (5) if there is a QILDRO in effect against the person, 
    file with the Board the written consent of all alternate 
    payees under the QILDRO to the election of an alternative 
    retirement cancellation payment under this Section;
and
        (6) terminate employment under this Article within one 
    month after approval of the person's application 
    requesting the alternative retirement cancellation 
    payment, but in no event later than September 30, 2006

    October  31,
 2005.
    (b)(1) Position titles eligible for the alternative 
retirement cancellation payment provided in this Section are:
        911 Analyst III;
 Brickmason;

Account Clerk I and II;
 
    Budget Analyst I and II;

Account Technician I and II;
 
    Budget Operations Director;

Accountant;
 Budget Principal;


    Accountant Advanced;
 Building Services Worker;

Accountant 
    Supervisor;
 Building/Grounds Laborer;

Accounting Fiscal 
    Administrative Career Trainee;
 Building/Grounds Lead 1 and 
    2;

Accounts Payable Processing Analyst;
 Building/Grounds 
    Maintenance Worker;

Accounts Payable Specialist;
 
    Building/Grounds Supervisor;

Accounts Processing Analyst;
 
    Bureau Chief;

Actuarial Assistant;
 Business Administrative 
    Specialist;

Administrative and Technology Director;
 
    Business Analyst I through IV;

Administrative Assistant I 
    through III;
 Business Manager;

Administrative Clerk;
 
    Buyer;

Administrative Coordinator;
 Buyer Assistant;


    Administrator;
 Capital Budget Analyst I and II;


    Administrator of Capital Programs;
 Capital Budget 
    Director;

Administrator of Construction Administration;
 
    Capital Programs Analyst I and II;

Administrator of 
    Contract Administration;
 Capital Programs Technician;


    Administrator of Fair Employment Practices;
 Carpenter;


    Administrator of Fiscal;
 Carpenter Foreman;

Administrator 
    of Information Management;
 Cartographer I through III;


    Administrator of Information Systems;
 Chief - Police;


    Administrator of Personnel;
 Chief Veterans Technician;


    Administrator of Professional Services;
 Circuit 
    Provisioning Specialist;

Administrator of Public Affairs;
 
    Civil Engineer IV
I through IX;

Administrator of 
    Quality-Based Selection;
 Civil Engineer Trainee;


    Administrator of Strategic Planning and Training;
 Clerical 
    Trainee;

Appeals & Orders Coordinator;
 Communications 
    Director;

Appraisal Specialist 1 through 3;
 Community 
    Planner 3;

Assignment Coordinator;
 Commander;

Assistant 
    Art-in-Architecture Coordinator;
 Compliance Specialist;


    Assistant Chief - Police;
 Conservation Education 
    Representative;

Assistant Internal Auditor;
 Conservation 
    Grant Administrator 1 through 3;

Assistant Manager;
 
    Construction Supervisor I and II;

Assistant Personnel 
    Officer;
 Consumer Policy Analyst;

Assistant Professor 
    Scientist;
 Consumer Program Coordinator;

Assistant 
    Reimbursement Officer;
 Contract Executive;

Assistant 
    Steward;
 Coordinator of Administrative Services;

Associate 
    Director for Administrative Services;
 Coordinator of 
    Art-in-Architecture;

Associate Museum Director;
 
    Corrections Clerk I through III;

Associate Professor 
    Scientist;
 Corrections Maintenance Supervisor; Corrections 
    Caseworker Supervisor; Corrections Food Service 
    Supervisor;

Auto Parts Warehouse Specialist;
 Corrections 
    Maintenance Worker;

Auto Parts Warehouser;
 Curator I 
    through III;

Automotive Attendant I and II;
 Data Processing 
    Administrative Specialist;

Automotive Mechanic;
 Data 
    Processing Assistant;

Automotive Shop Supervisor;
 Data 
    Processing Operator;

Baker;
 Data Processing Specialist;


    Barber;
 Data Processing Supervisor 1 through 3;


    Beautician;
 Data Processing Technician;

Brickmason;
 Deputy 
    Chief Counsel;

Director of Licensing;
 Desktop Technician;


    Director of Security;
 Human Resources Officer;

Division 
    Chief;
 Human Resources Representative;

Division Director;
 
    Human Resources Specialist;

Economic Analyst I through IV;
 
    Human Resources Trainee;

Electrical Engineer;
 Human 
    Services Casework Manager;

Electrical Engineer I through 
    V;
 Human Services Grant Coordinator 2 and 3;

Electrical 
    Equipment Installer/Repairer;
 Iconographer;

Electrical 
    Equipment Installer/Repairer Lead Worker;
 Industry and 
    Commercial Development Representative 1 and 2;


    Electrician;
 Industry Services Consultant 1 and 2;


    Electronics Technician;
 Information Services Intern;


    Elevator Operator;
 Information Services Specialist I and 
    II;

Endangered Species Secretary;
 Information Systems 
    Analyst I through III;

Engineering Aide;
 Information 
    Systems Manager;

Engineering Analyst I through IV;
 
    Information Systems Planner;

Engineering Manager I and II;
 
    Institutional Maintenance Worker;

Engineering Technician I 
    through V;
 Instrument Designer;

Environmental Scientist I 
    and II;
 Insurance Analyst I through IV;

Executive I through 
    VI;


Executive Assistant;
 Intermittent Clerk;

Executive 
    Assistant I through IV;
 Intermittent Laborer Maintenance;


    Executive Secretary 1 through 3;
 Intern;

Federal Funding 
    and Public Safety Director;
 Internal Auditor 1;

Financial & 
    Budget Assistant;
 Internal Communications Officer;


    Financial & Budget Supervisor;
 International Marketing 
    Representative 1;

Financial Management Director;
 IT 
    Manager;

Fiscal Executive;
 Janitor I and II;

Fiscal 
    Officer;
 Junior State Veterinarian;

Gas Engineer I through 
    IV;
 Junior Supervisor Scientist;

General Counsel and 
    Regulatory Director;
 Laboratory Manager II;

General 
    Services Administrator I;
 Labor Maintenance Lead Worker;


    General Services Technician;
 Laborer;

Geographic 
    Information Specialist 1 and 2;
 Laborer (Building);


    Geologist I through IV;
 Laborer (Maintenance);

Graphic 
    Arts Design Supervisor;
 Landscape Architect;

Graphic Arts 
    Designer;
 Landscape Architect I through IV;

Graphic Arts 
    Technician;
 Landscape Planner;

Grounds Supervisor;
 Laundry 
    Manager I;

Highway Construction Supervisor I;
 Legislative 
    Liaison I and II;

Historical Research Editor 2;
 Liability 
    Claims Adjuster 1 and 2;

Historical Research Specialist;
 
    Librarian 1 and 2;

Horse Custodian;
 Library Aide I through 
    III;

Horse Identifier;
 Library Associate;

Hourly 
    Assistant;
 Library Technical Assistant;

Human Resource 
    Coordinator;
 Licensing Assistant;

Human Resources Analyst;
 
    Line Technician I through II;

Human Resources Assistant;
 
    Local History Service Representative;

Human Resources 
    Associate;
 Local Housing Advisor 2 and 3;

Human Resources 
    Manager;
 Local Revenue and Fiscal Advisor 3;

Machinist;
 
    Locksmith;

Maintenance Equipment Operator;
 Operations 
    Communications Specialist Trainee;

Maintenance Worker;
 
    Operations Technician;

Maintenance Worker Power Plant;
 
    Painter;

Management Information Technician;
 Paralegal 
    Assistant;

Management Operations Analyst 1 and 2;
 
    Performance Management Analyst;

Management Secretary I;
 
    Personnel Manager;

Management Systems Specialist;
 
    Photogrammetrist I through IV;

Management Technician I 
    through IV;
 Physician;

Manager;
 Physician Specialist 
    Operations A through D;

Manpower Planner 1 through 3;
 
    Planning Director;

Medical Administrator III and V;
 Plant 
    Maintenance Engineer 1 and 2;

Methods & Processes Advisor 
    1, 2 and III;
 Plumber;

Methods & Processes Career Associate 
    1 and 2;
 Policy Advisor;

Microfilm Operator I through III;
 
    Policy Analyst I through IV;

Military Administrative 
    Assistant I;
 Power Shovel Operator (Maintenance);

Military 
    Administrative Clerk;
 Principal Economist;

Military 
    Administrative Officer-Legal;
 Principal Scientist;


    Military Administrative Specialist;
 Private Secretary 1 
    and 2;

Military Community Relations Specialist;
 Private 
    Secretary I and II;

Military Cooperative Agreement 
    Specialist;
 Procurement Representative;

Military Crash, 
    Fire, Rescue I through III;
 Professor & Scientist;

Military 
    Energy Manager;
 Program Manager;

Military Engineer 
    Technician;
 Program Specialist;

Military Environmental 
    Specialist I through III;
 Project Coordinator;

Military 
    Facilities Engineer;
 Project Designer;

Military Facilities 
    Officer I;
 Project Manager I through III;

Military 
    Maintenance Engineer;
 Project Manager;

Military Museum 
    Director;
 Project Manager/Technical Specialist I thru III;


    Military Program Supervisor;
 Project Specialist I through 
    IV;

Military Property Custodian II;
 Projects Director;


    Military Real Property Clerk;
 Property & Supply Clerk I 
    through III;

Motorist Assistance Specialist;
 Property 
    Control Officer;

Museum Director;
 Public Administration 
    Intern;

Museum Security Head I through III;
 Public 
    Information Coordinator;

Museum Technician I through III;
 
    Public Information Officer;

Network Control Center 
    Specialist;
 Public Information Officer 2 through 4;


    Network Control Center Technician 2;
 Public Service 
    Administrator;

Network Engineer I through IV;
 Race Track 
    Maintenance 1 and 2;

Office Administration Specialist;
 
    Radio Technician Program Coordinator;

Office Administrator 
    1 through 5;
 Realty Specialist I through V;

Office Aide;
 
    Receptionist;

Office Assistant;
 Regional Manager;

Office 
    Associate;
 Regulatory Accountant IV;

Office Clerk;
 
    Reimbursement Officer 1 and 2;

Office Coordinator;
 
    Representative I and II;

Office Manager;
 Representative 
    Trainee;

Office Occupations Trainee;
 School Construction 
    Manager;

Office Specialist;
 Secretary I and IV;

Operations 
    Communications Specialist I and II;
 Security Guard;

Senior 
    Economic Analyst;
 Security Supervisor; Senior Editor;
 
    Systems Developer I through IV;

Senior Electrical 
    Engineer;
 Systems Developer Trainee;

Senior Financial & 
    Budget Assistant;
 Systems Engineer I through IV;

Senior Gas 
    Engineer;
 Systems Engineer Trainee;

Senior Policy Analyst;
 
    Tariff & Order Coordinator;

Senior Programs Analyst;
 
    Tariff Administrator III;

Senior Project Consultant;
 
    Tariff Analyst IV;

Senior Project Manager;
 Teacher of 
    Barbering;

Senior Public Information Officer;
 Teacher of 
    Beauty Culture;

Senior Public Service Administrator;
 
    Technical Advisor 2 and 3;

Senior Rate Analyst;
 Technical 
    Advisor I through VII;

Senior Technical Assistant;
 
    Technical Analyst; Technical Manager VII
I through IX;


    Senior Technical Supervisor;
 Technical Assistant;

Senior 
    Technology Specialist;
 Technical Manager 1;

Senior 
    Transportation Industry Analyst;
 Technical Manager I 
    through X;

Sewage Plant Operator;
 Technical Specialist;


    Sign Hanger;
 Technical Support Specialist;

Sign Hanger 
    Foreman;
 Technical Specialist I thru III;

Sign Painter;
 
    Technician Trainee;

Sign Shop Foreman;
 Telecom Systems 
    Analyst;

Silk Screen Operator;
 Telecom Systems Consultant;


    Senior Administrative Assistant;
 Telecom Systems 
    Technician 1 and 2;

Site Superintendent;
 Telecommunication 
    Supervisor;

Software Architect;
 Tinsmith;

Special 
    Assistant;
 Trades Tender;

Special Assistant to the 
    Executive Director;
 Training Coordinator;

Staff 
    Development Specialist I;
 Transportation Counsel;

Staff 
    Development Technician II;
 Transportation Industry Analyst 
    III;

State Police Captain;
 Transportation Industry 
    Customer Service;

State Police Lieutenant;
 Transportation 
    Officer;

State Police Major;
 Transportation Policy Analyst 
    III and IV;

State Police Master Sergeant;
 Urban Planner I 
    through VI;

Stationary Engineer;
 Utility Engineer I and II;


    Stationary Engineer Assistant Chief;
 Veteran Secretary;


    Stationary Engineer Chief;
 Veteran Technician;

Stationary 
    Fireman;
 Water Engineer I through IV;

Statistical Research 
    Specialist 1 through 3;
 Water Plant Operator;

Statistical 
    Research Supervisor;
 Web and Publications Manager;


    Statistical Research Technician;


Steamfitter;


Steward;



    Steward Secretary;


Storekeeper I through III;


Stores 
    Clerk;


Student Intern;


Student Worker;


Supervisor;



    Supervisor & Assistant Scientist;


Supervisor & Associate 
    Scientist;


Switchboard Operator 1 through 3; 
    Administrative Assistant to the Superintendent; Assistant 
    Legal Advisor; Legal Assistant; Senior Human Resources 
    Specialist; Principal Internal Auditor; Division 
    Administrator; Division Supervisor; and Private Secretary 
    I through III; Actuary 1 through 3; Agriculture Marketing 
    Reporter; Apiary Inspector; App/Dry Goods Specialist I 
    through III; Appraisal Specialist Trainer; Check Issuance 
    Machine Operator; Check Issuance Machine Supervisor; 
    Corrections Leisure Activity Specialist 2 through 4; 
    Corrections Supply Supervisor I through III; Guard 1 
    through 3; Guard Supervisor; Information Tech/Com System 
    Specialist 1 and 2; Police Officer I and II; Property & 
    Supply Clerk I through III; Reproductive Services 
    Supervisor 1; Reproductive Services Tech 1 through 3; 
    Security Guard 1; Security Officer; Security Officer 
    Chief; Security Officer Lieutenant; Security Officer Sgt; 
    and Volunteer Services Coordinator I through III.
        (2) In addition, any position titles with the Speaker 
    of the House of Representatives, the Minority Leader of the 
    House of Representatives, the President of the Senate, the 
    Minority Leader of the Senate, the Attorney General, the 
    Secretary of State, the Comptroller, the Treasurer, the 
    Auditor General, the Supreme Court, the Court of Claims, 
    and each legislative agency are eligible for the 
    alternative retirement cancellation payment provided in 
    this Section.
    (c) In lieu of any retirement annuity or other benefit 
provided under this Article, a person who qualifies for and 
elects to receive the alternative retirement cancellation 
payment under this Section shall be entitled to receive a 
one-time lump sum retirement cancellation payment equal to the 
amount of his or her contributions to the System (including any 
employee contributions for optional service credit and 
including any employee contributions paid by the employer or 
credited to the employee during disability) as of the date of 
termination, with regular interest, multiplied by 2.

    (d) Notwithstanding any other provision of this Article, a 
person who receives an alternative retirement cancellation 
payment under this Section thereby forfeits the right to any 
other retirement or disability benefit or refund under this 
Article, and no widow's, survivor's, or death benefit deriving 
from that person shall be payable under this Article. Upon 
accepting an alternative retirement cancellation payment under 
this Section, the person's creditable service and all other 
rights in the System are terminated for all purposes, except 
for the purpose of determining State group life and health 
benefits for the person and his or her survivors as provided 
under the State Employees Group Insurance Act of 1971.
    (e)  To the extent permitted by federal law, a person who 
receives an alternative retirement cancellation payment under 
this Section may direct the System to pay all or a portion of 
that payment as a rollover into another retirement plan or 
account qualified under the Internal Revenue Code of 1986, as 
amended.
    (f) Notwithstanding Section 14-111, a person who has 
received an alternative retirement cancellation payment under 
this Section and who reenters
service under this Article other 
than as a temporary employee must repay to the System the 
amount by which that alternative retirement cancellation 
payment exceeded the amount of his or her refundable employee 
contributions within 60 days of resuming employment under this 
System.  For the purposes of  re-establishing creditable  service 
that was terminated upon election of the alternative retirement 
cancellation payment,  the portion  of the alternative 
retirement cancellation payment representing refundable 
employee contributions shall be deemed a refund repayable in 
accordance with Section 14-130.
    (g) The Commission on Government Forecasting and 
Accountability shall determine
and report to the Governor and 
the General
Assembly, on or before January 1, 2008
2007, its 
estimate of (1) the annual amount of payroll savings likely to 
be
realized by the State as a result of the early termination 
of persons receiving
the alternative retirement cancellation 
payment under this Section and (2) the net annual savings
or 
cost to the State from the program of alternative retirement 
cancellation payments under this Section.
    The System, the Department of Central Management Services, 
the
Governor's Office of Management and Budget, and all other 
departments shall provide to the Commission any
assistance that 
the Commission may request with respect to its report under

this Section.  The Commission may require departments to provide 
it with any
information that it deems necessary or useful with 
respect to its reports under
this Section, including without 
limitation information about (1) the final
earnings of former 
department employees who elected to receive alternative 
retirement cancellation payments under
this Section, (2) the 
earnings of current department employees holding the
positions 
vacated by persons who elected to receive alternative 
retirement cancellation payments under this
Section, and (3) 
positions vacated by persons who elected to receive alternative 
retirement cancellation payments
under this Section that have 
not yet been refilled.


(Source: P.A. 94-109, eff. 7-1-05.)
 



    (40 ILCS 5/14-131)
  (from Ch. 108 1/2, par. 14-131)


    Sec. 14-131. Contributions by State. 

    (a) The State shall make contributions to the System by 
appropriations of
amounts which, together with other employer 
contributions from trust, federal,
and other funds, employee 
contributions, investment income, and other income,
will be 
sufficient to meet the cost of maintaining and administering 
the System
on a 90% funded basis in accordance with actuarial 
recommendations.

    For the purposes of this Section and Section 14-135.08, 
references to State
contributions refer only to employer 
contributions and do not include employee
contributions that 
are picked up or otherwise paid by the State or a
department on 
behalf of the employee.

    (b) The Board shall determine the total amount of State 
contributions
required for each fiscal year on the basis of the 
actuarial tables and other
assumptions adopted by the Board, 
using the formula in subsection (e).

    The Board shall also determine a State contribution rate 
for each fiscal
year, expressed as a percentage of payroll, 
based on the total required State
contribution for that fiscal 
year (less the amount received by the System from

appropriations under Section 8.12 of the State Finance Act and 
Section 1 of the
State Pension Funds Continuing Appropriation 
Act, if any, for the fiscal year
ending on the June 30 
immediately preceding the applicable November 15
certification 
deadline), the estimated payroll (including all forms of

compensation) for personal services rendered by eligible 
employees, and the
recommendations of the actuary.

    For the purposes of this Section and Section 14.1 of the 
State Finance Act,
the term "eligible employees" includes 
employees who participate in the System,
persons who may elect 
to participate in the System but have not so elected,
persons 
who are serving a qualifying period that is required for 
participation,
and annuitants employed by a department as 
described in subdivision (a)(1) or
(a)(2) of Section 14-111.

    (c) Contributions shall be made by the several departments 
for each pay
period by warrants drawn by the State Comptroller 
against their respective
funds or appropriations based upon 
vouchers stating the amount to be so
contributed.  These amounts 
shall be based on the full rate certified by the
Board under 
Section 14-135.08 for that fiscal year.
From the effective date 
of this amendatory Act of the 93rd General
Assembly through the 
payment of the final payroll from fiscal year 2004

appropriations, the several departments shall not make 
contributions
for the remainder of fiscal year 2004 but shall 
instead make payments
as required under subsection (a-1) of 
Section 14.1 of the State Finance Act.
The several departments 
shall resume those contributions at the commencement of
fiscal 
year 2005.

    (d) If an employee is paid from trust funds or federal 
funds, the
department or other employer shall pay employer 
contributions from those funds
to the System at the certified 
rate, unless the terms of the trust or the
federal-State 
agreement preclude the use of the funds for that purpose, in

which case the required employer contributions shall be paid by 
the State.
From the effective date of this amendatory
Act of 
the 93rd General Assembly through the payment of the final

payroll from fiscal year 2004 appropriations, the department or 
other
employer shall not pay contributions for the remainder of 
fiscal year
2004 but shall instead make payments as required 
under subsection (a-1) of
Section 14.1 of the State Finance 
Act. The department or other employer shall
resume payment of

contributions at the commencement of fiscal year 2005.

    (e) For State fiscal years 2011 through 2045, the minimum 
contribution
to the System to be made by the State for each 
fiscal year shall be an amount
determined by the System to be 
sufficient to bring the total assets of the
System up to 90% of 
the total actuarial liabilities of the System by the end
of 
State fiscal year 2045.  In making these determinations, the 
required State
contribution shall be calculated each year as a 
level percentage of payroll
over the years remaining to and 
including fiscal year 2045 and shall be
determined under the 
projected unit credit actuarial cost method.

    For State fiscal years 1996 through 2005, the State 
contribution to
the System, as a percentage of the applicable 
employee payroll, shall be
increased in equal annual increments 
so that by State fiscal year 2011, the
State is contributing at 
the rate required under this Section; except that
(i) for State 
fiscal year 1998, for all purposes of this Code and any other

law of this State, the certified percentage of the applicable 
employee payroll
shall be 5.052% for employees earning eligible 
creditable service under Section
14-110 and 6.500% for all 
other employees, notwithstanding any contrary
certification 
made under Section 14-135.08 before the effective date of this

amendatory Act of 1997, and (ii)
in the following specified 
State fiscal years, the State contribution to
the System shall 
not be less than the following indicated percentages of the

applicable employee payroll, even if the indicated percentage 
will produce a
State contribution in excess of the amount 
otherwise required under this
subsection and subsection (a):

9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY 
2002;
10.6% in FY 2003; and
10.8% in FY 2004.

    Notwithstanding any other provision of this Article, the 
total required State
contribution to the System for State 
fiscal year 2006 is $203,783,900.

    Notwithstanding any other provision of this Article, the 
total required State
contribution to the System for State 
fiscal year 2007 is $344,164,400.

    For each of State fiscal years 2008 through 2010, the State 
contribution to
the System, as a percentage of the applicable 
employee payroll, shall be
increased in equal annual increments 
from the required State contribution for State fiscal year 
2007, so that by State fiscal year 2011, the
State is 
contributing at the rate otherwise required under this Section.

    Beginning in State fiscal year 2046, the minimum State 
contribution for
each fiscal year shall be the amount needed to 
maintain the total assets of
the System at 90% of the total 
actuarial liabilities of the System.

    Amounts received by the System pursuant to Section 25 of 
the Budget Stabilization Act in any fiscal year do not reduce 
and do not constitute payment of any portion of the minimum 
State contribution required under this Article in that fiscal 
year.  Such amounts shall not reduce, and shall not be included 
in the calculation of, the required State contributions under 
this Article in any future year until the System has reached a 
funding ratio of at least 90%.  A reference in this Article to 
the "required State contribution" or any substantially similar 
term does not include or apply to any amounts payable to the 
System under  Section 25 of the Budget Stabilization Act.

    Notwithstanding any other provision of this Section, the 
required State
contribution for State fiscal year 2005 and for 
fiscal year 2008 and each fiscal year thereafter, as
calculated 
under this Section and
certified under Section 14-135.08, shall 
not exceed an amount equal to (i) the
amount of the required 
State contribution that would have been calculated under
this 
Section for that fiscal year if the System had not received any 
payments
under subsection (d) of Section 7.2 of the General 
Obligation Bond Act, minus
(ii) the portion of the State's 
total debt service payments for that fiscal
year on the bonds 
issued for the purposes of that Section 7.2, as determined
and 
certified by the Comptroller, that is the same as the System's 
portion of
the total moneys distributed under subsection (d) of 
Section 7.2 of the General
Obligation Bond Act. In determining 
this maximum for State fiscal years 2008 through 2010, however, 
the amount referred to in item (i) shall be increased, as a 
percentage of the applicable employee payroll, in equal 
increments calculated from the sum of the required State 
contribution for State fiscal year 2007 plus the applicable 
portion of the State's total debt service payments for fiscal 
year 2007  on the bonds issued for the purposes of Section 7.2 
of the General
Obligation Bond Act, so that, by State fiscal 
year 2011, the
State is contributing at the rate otherwise 
required under this Section.

    (f) After the submission of all payments for eligible 
employees
from personal services line items in fiscal year 2004 
have been made,
the Comptroller shall provide to the System a 
certification of the sum
of all fiscal year 2004 expenditures 
for personal services that would
have been covered by payments 
to the System under this Section if the
provisions of this 
amendatory Act of the 93rd General Assembly had not been

enacted. Upon
receipt of the certification, the System shall 
determine the amount
due to the System based on the full rate 
certified by the Board under
Section 14-135.08 for fiscal year 
2004 in order to meet the State's
obligation under this 
Section. The System shall compare this amount
due to the amount 
received by the System in fiscal year 2004 through
payments 
under this Section and under Section 6z-61 of the State Finance 
Act.
If the amount
due is more than the amount received, the 
difference shall be termed the
"Fiscal Year 2004 Shortfall" for 
purposes of this Section, and the
Fiscal Year 2004 Shortfall 
shall be satisfied under Section 1.2 of the State
Pension Funds 
Continuing Appropriation Act. If the amount due is less than 
the
amount received, the
difference shall be termed the "Fiscal 
Year 2004 Overpayment" for purposes of
this Section, and the 
Fiscal Year 2004 Overpayment shall be repaid by
the System to 
the Pension Contribution Fund as soon as practicable
after the 
certification.

(Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4, 
eff. 6-1-05.)


 



    (40 ILCS 5/15-155)  (from Ch. 108 1/2, par. 15-155)


    Sec. 15-155. Employer contributions. 

    (a) The State of Illinois shall make contributions by 
appropriations of
amounts which, together with the other 
employer contributions from trust,
federal, and other funds, 
employee contributions, income from investments,
and other 
income of this System, will be sufficient to meet the cost of

maintaining and administering the System on a 90% funded basis 
in accordance
with actuarial recommendations.

    The Board shall determine the amount of State contributions 
required for
each fiscal year on the basis of the actuarial 
tables and other assumptions
adopted by the Board and the 
recommendations of the actuary, using the formula
in subsection 
(a-1).

    (a-1) For State fiscal years 2011 through 2045, the minimum 
contribution
to the System to be made by the State for each 
fiscal year shall be an amount
determined by the System to be 
sufficient to bring the total assets of the
System up to 90% of 
the total actuarial liabilities of the System by the end of

State fiscal year 2045.  In making these determinations, the 
required State
contribution shall be calculated each year as a 
level percentage of payroll
over the years remaining to and 
including fiscal year 2045 and shall be
determined under the 
projected unit credit actuarial cost method.

    For State fiscal years 1996 through 2005, the State 
contribution to
the System, as a percentage of the applicable 
employee payroll, shall be
increased in equal annual increments 
so that by State fiscal year 2011, the
State is contributing at 
the rate required under this Section.

    Notwithstanding any other provision of this Article, the 
total required State
contribution for State fiscal year 2006 is 
$166,641,900.

    Notwithstanding any other provision of this Article, the 
total required State
contribution for State fiscal year 2007 is 
$252,064,100.

    For each of State fiscal years 2008 through 2010, the State 
contribution to
the System, as a percentage of the applicable 
employee payroll, shall be
increased in equal annual increments 
from the required State contribution for State fiscal year 
2007, so that by State fiscal year 2011, the
State is 
contributing at the rate otherwise required under this Section.

    Beginning in State fiscal year 2046, the minimum State 
contribution for
each fiscal year shall be the amount needed to 
maintain the total assets of
the System at 90% of the total 
actuarial liabilities of the System.

    Amounts received by the System pursuant to Section 25 of 
the Budget Stabilization Act in any fiscal year do not reduce 
and do not constitute payment of any portion of the minimum 
State contribution required under this Article in that fiscal 
year.  Such amounts shall not reduce, and shall not be included 
in the calculation of, the required State contributions under 
this Article in any future year until the System has reached a 
funding ratio of at least 90%.  A reference in this Article to 
the "required State contribution" or any substantially similar 
term does not include or apply to any amounts payable to the 
System under  Section 25 of the Budget Stabilization Act.

    Notwithstanding any other provision of this Section, the 
required State
contribution for State fiscal year 2005 and for 
fiscal year 2008 and each fiscal year thereafter, as
calculated 
under this Section and
certified under Section 15-165, shall 
not exceed an amount equal to (i) the
amount of the required 
State contribution that would have been calculated under
this 
Section for that fiscal year if the System had not received any 
payments
under subsection (d) of Section 7.2 of the General 
Obligation Bond Act, minus
(ii) the portion of the State's 
total debt service payments for that fiscal
year on the bonds 
issued for the purposes of that Section 7.2, as determined
and 
certified by the Comptroller, that is the same as the System's 
portion of
the total moneys distributed under subsection (d) of 
Section 7.2 of the General
Obligation Bond Act. In determining 
this maximum for State fiscal years 2008 through 2010, however, 
the amount referred to in item (i) shall be increased, as a 
percentage of the applicable employee payroll, in equal 
increments calculated from the sum of the required State 
contribution for State fiscal year 2007  plus the applicable 
portion of the State's total debt service payments for fiscal 
year 2007  on the bonds issued for the purposes of Section 7.2 
of the General
Obligation Bond Act, so that, by State fiscal 
year 2011, the
State is contributing at the rate otherwise 
required under this Section.

    (b) If an employee is paid from trust or federal funds, the 
employer
shall pay to the Board contributions from those funds 
which are
sufficient to cover the accruing normal costs on 
behalf of the employee.
However, universities having employees 
who are compensated out of local
auxiliary funds, income funds, 
or service enterprise funds are not required
to pay such 
contributions on behalf of those employees.  The local auxiliary

funds, income funds, and service enterprise funds of 
universities shall not be
considered trust funds for the 
purpose of this Article, but funds of alumni
associations, 
foundations, and athletic associations which are affiliated 
with
the universities included as employers under this Article 
and other employers
which do not receive State appropriations 
are considered to be trust funds for
the purpose of this 
Article.

    (b-1) The City of Urbana and the City of Champaign shall 
each make
employer contributions to this System for their 
respective firefighter
employees who participate in this 
System pursuant to subsection (h) of Section
15-107.  The rate 
of contributions to be made by those municipalities shall
be 
determined annually by the Board on the basis of the actuarial 
assumptions
adopted by the Board and the recommendations of the 
actuary, and shall be
expressed as a percentage of salary for 
each such employee.  The Board shall
certify the rate to the 
affected municipalities as soon as may be practical.
The 
employer contributions required under this subsection shall be 
remitted by
the municipality to the System at the same time and 
in the same manner as
employee contributions.

    (c) Through State fiscal year 1995: The total employer 
contribution shall
be apportioned among the various funds of 
the State and other employers,
whether trust, federal, or other 
funds, in accordance with actuarial procedures
approved by the 
Board.  State of Illinois contributions for employers receiving

State appropriations for personal services shall be payable 
from appropriations
made to the employers or to the System.  The 
contributions for Class I
community colleges covering earnings 
other than those paid from trust and
federal funds, shall be 
payable solely from appropriations to the Illinois
Community 
College Board or the System for employer contributions.

    (d) Beginning in State fiscal year 1996, the required State 
contributions
to the System shall be appropriated directly to 
the System and shall be payable
through vouchers issued in 
accordance with subsection (c) of Section 15-165, except as 
provided in subsection (g).

    (e) The State Comptroller shall draw warrants payable to 
the System upon
proper certification by the System or by the 
employer in accordance with the
appropriation laws and this 
Code.

    (f) Normal costs under this Section means liability for

pensions and other benefits which accrues to the System because 
of the
credits earned for service rendered by the participants 
during the
fiscal year and expenses of administering the 
System, but shall not
include the principal of or any 
redemption premium or interest on any bonds
issued by the Board 
or any expenses incurred or deposits required in
connection 
therewith.

    (g) If the amount of a participant's earnings for any 
academic year used to determine the final rate of earnings 
exceeds the amount of his or her earnings with the same 
employer for the previous academic year by more than 6%, the 
participant's employer shall pay to the System, in addition to 
all other payments required under this Section and in 
accordance with guidelines established by the System, the 
present value of the increase in benefits resulting from the 
portion of the increase in earnings that is in excess of 6%.  
This present value shall be computed by the System on the basis 
of the actuarial assumptions and tables used in the most recent 
actuarial valuation of the System that is available at the time 
of the computation.   The employer contributions required under 
this subsection (g) shall be paid in the form of a lump sum 
within 30 days after receipt of the bill after the participant 
begins receiving benefits under this Article.

    The provisions of this subsection (g) do not apply to 
earnings increases paid to participants under contracts or 
collective bargaining agreements entered into, amended, or 
renewed before the effective date of this amendatory Act of the 
94th General Assembly.

(Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)

 



    (40 ILCS 5/16-158)
  (from Ch. 108 1/2, par. 16-158)


    Sec. 16-158. Contributions by State and other employing 
units. 

    (a) The State shall make contributions to the System by 
means of
appropriations from the Common School Fund and other 
State funds of amounts
which, together with other employer 
contributions, employee contributions,
investment income, and 
other income, will be sufficient to meet the cost of

maintaining and administering the System on a 90% funded basis 
in accordance
with actuarial recommendations.

    The Board shall determine the amount of State contributions 
required for
each fiscal year on the basis of the actuarial 
tables and other assumptions
adopted by the Board and the 
recommendations of the actuary, using the formula
in subsection 
(b-3).

    (a-1) Annually, on or before November 15, the Board shall 
certify to the
Governor the amount of the required State 
contribution for the coming fiscal
year.  The certification 
shall include a copy of the actuarial recommendations
upon 
which it is based.

    On or before May 1, 2004, the Board shall recalculate and 
recertify to
the Governor the amount of the required State 
contribution to the System for
State fiscal year 2005, taking 
into account the amounts appropriated to and
received by the 
System under subsection (d) of Section 7.2 of the General

Obligation Bond Act.

    On or before July 1, 2005, the Board shall recalculate and 
recertify
to the Governor the amount of the required State

contribution to the System for State fiscal year 2006, taking 
into account the changes in required State contributions made 
by this amendatory Act of the 94th General Assembly.

    (b) Through State fiscal year 1995, the State contributions 
shall be
paid to the System in accordance with Section 18-7 of 
the School Code.

    (b-1) Beginning in State fiscal year 1996, on the 15th day 
of each month,
or as soon thereafter as may be practicable, the 
Board shall submit vouchers
for payment of State contributions 
to the System, in a total monthly amount of
one-twelfth of the 
required annual State contribution certified under
subsection 
(a-1).
From the
effective date of this amendatory Act of the 
93rd General Assembly
through June 30, 2004, the Board shall 
not submit vouchers for the
remainder of fiscal year 2004 in 
excess of the fiscal year 2004
certified contribution amount 
determined under this Section
after taking into consideration 
the transfer to the System
under subsection (a) of Section 
6z-61 of the State Finance Act.
These vouchers shall be paid by 
the State Comptroller and
Treasurer by warrants drawn on the 
funds appropriated to the System for that
fiscal year.

    If in any month the amount remaining unexpended from all 
other appropriations
to the System for the applicable fiscal 
year (including the appropriations to
the System under Section 
8.12 of the State Finance Act and Section 1 of the
State 
Pension Funds Continuing Appropriation Act) is less than the 
amount
lawfully vouchered under this subsection, the 
difference shall be paid from the
Common School Fund under the 
continuing appropriation authority provided in
Section 1.1 of 
the State Pension Funds Continuing Appropriation Act.

    (b-2) Allocations from the Common School Fund apportioned 
to school
districts not coming under this System shall not be 
diminished or affected by
the provisions of this Article.

    (b-3) For State fiscal years 2011 through 2045, the minimum 
contribution
to the System to be made by the State for each 
fiscal year shall be an amount
determined by the System to be 
sufficient to bring the total assets of the
System up to 90% of 
the total actuarial liabilities of the System by the end of

State fiscal year 2045.  In making these determinations, the 
required State
contribution shall be calculated each year as a 
level percentage of payroll
over the years remaining to and 
including fiscal year 2045 and shall be
determined under the 
projected unit credit actuarial cost method.

    For State fiscal years 1996 through 2005, the State 
contribution to the
System, as a percentage of the applicable 
employee payroll, shall be increased
in equal annual increments 
so that by State fiscal year 2011, the State is
contributing at 
the rate required under this Section; except that in the

following specified State fiscal years, the State contribution 
to the System
shall not be less than the following indicated 
percentages of the applicable
employee payroll, even if the 
indicated percentage will produce a State
contribution in 
excess of the amount otherwise required under this subsection

and subsection (a), and notwithstanding any contrary 
certification made under
subsection (a-1) before the effective 
date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% 
in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY 
2003; and
13.56% in FY 2004.

    Notwithstanding any other provision of this Article, the 
total required State
contribution for State fiscal year 2006 is 
$534,627,700.

    Notwithstanding any other provision of this Article, the 
total required State
contribution for State fiscal year 2007 is 
$738,014,500.

    For each of State fiscal years 2008 through 2010, the State 
contribution to
the System, as a percentage of the applicable 
employee payroll, shall be
increased in equal annual increments 
from the required State contribution for State fiscal year 
2007, so that by State fiscal year 2011, the
State is 
contributing at the rate otherwise required under this Section.

    Beginning in State fiscal year 2046, the minimum State 
contribution for
each fiscal year shall be the amount needed to 
maintain the total assets of
the System at 90% of the total 
actuarial liabilities of the System.

    Amounts received by the System pursuant to Section 25 of 
the Budget Stabilization Act in any fiscal year do not reduce 
and do not constitute payment of any portion of the minimum 
State contribution required under this Article in that fiscal 
year.  Such amounts shall not reduce, and shall not be included 
in the calculation of, the required State contributions under 
this Article in any future year until the System has reached a 
funding ratio of at least 90%.  A reference in this Article to 
the "required State contribution" or any substantially similar 
term does not include or apply to any amounts payable to the 
System under  Section 25 of the Budget Stabilization Act.

    Notwithstanding any other provision of this Section, the 
required State
contribution for State fiscal year 2005 and for 
fiscal year 2008 and each fiscal year thereafter, as
calculated 
under this Section and
certified under subsection (a-1), shall 
not exceed an amount equal to (i) the
amount of the required 
State contribution that would have been calculated under
this 
Section for that fiscal year if the System had not received any 
payments
under subsection (d) of Section 7.2 of the General 
Obligation Bond Act, minus
(ii) the portion of the State's 
total debt service payments for that fiscal
year on the bonds 
issued for the purposes of that Section 7.2, as determined
and 
certified by the Comptroller, that is the same as the System's 
portion of
the total moneys distributed under subsection (d) of 
Section 7.2 of the General
Obligation Bond Act. In determining 
this maximum for State fiscal years 2008 through 2010, however, 
the amount referred to in item (i) shall be increased, as a 
percentage of the applicable employee payroll, in equal 
increments calculated from the sum of the required State 
contribution for State fiscal year 2007 plus the applicable 
portion of the State's total debt service payments for fiscal 
year 2007  on the bonds issued for the purposes of Section 7.2 
of the General
Obligation Bond Act, so that, by State fiscal 
year 2011, the
State is contributing at the rate otherwise 
required under this Section.

    (c) Payment of the required State contributions and of all 
pensions,
retirement annuities, death benefits, refunds, and 
other benefits granted
under or assumed by this System, and all 
expenses in connection with the
administration and operation 
thereof, are obligations of the State.

    If members are paid from special trust or federal funds 
which are
administered by the employing unit, whether school 
district or other
unit, the employing unit shall pay to the 
System from such
funds the full accruing retirement costs based 
upon that
service, as determined by the System.  Employer 
contributions, based on
salary paid to members from federal 
funds, may be forwarded by the distributing
agency of the State 
of Illinois to the System prior to allocation, in an
amount 
determined in accordance with guidelines established by such

agency and the System.

    (d) Effective July 1, 1986, any employer of a teacher as 
defined in
paragraph (8) of Section 16-106 shall pay the 
employer's normal cost
of benefits based upon the teacher's 
service, in addition to
employee contributions, as determined 
by the System.  Such employer
contributions shall be forwarded 
monthly in accordance with guidelines
established by the 
System.

    However, with respect to benefits granted under Section 
16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) 
of Section 16-106, the
employer's contribution shall be 12% 
(rather than 20%) of the member's
highest annual salary rate 
for each year of creditable service granted, and
the employer 
shall also pay the required employee contribution on behalf of

the teacher.  For the purposes of Sections 16-133.4 and 
16-133.5, a teacher
as defined in paragraph (8) of Section 
16-106 who is serving in that capacity
while on leave of 
absence from another employer under this Article shall not
be 
considered an employee of the employer from which the teacher 
is on leave.

    (e) Beginning July 1, 1998, every employer of a teacher

shall pay to the System an employer contribution computed as 
follows:


        (1) Beginning July 1, 1998 through June 30, 1999, the 
    employer
contribution shall be equal to 0.3% of each 
    teacher's salary.


        (2) Beginning July 1, 1999 and thereafter, the employer

    contribution shall be equal to 0.58% of each teacher's 
    salary.

The school district or other employing unit may pay these 
employer
contributions out of any source of funding available 
for that purpose and
shall forward the contributions to the 
System on the schedule established
for the payment of member 
contributions.

    These employer contributions are intended to offset a 
portion of the cost
to the System of the increases in 
retirement benefits resulting from this
amendatory Act of 1998.

    Each employer of teachers is entitled to a credit against 
the contributions
required under this subsection (e) with 
respect to salaries paid to teachers
for the period January 1, 
2002 through June 30, 2003, equal to the amount paid
by that 
employer under subsection (a-5) of Section 6.6 of the State 
Employees
Group Insurance Act of 1971 with respect to salaries 
paid to teachers for that
period.

    The additional 1% employee contribution required under 
Section 16-152 by
this amendatory Act of 1998 is the 
responsibility of the teacher and not the
teacher's employer, 
unless the employer agrees, through collective bargaining
or 
otherwise, to make the contribution on behalf of the teacher.

    If an employer is required by a contract in effect on May 
1, 1998 between the
employer and an employee organization to 
pay, on behalf of all its full-time
employees
covered by this 
Article, all mandatory employee contributions required under

this Article, then the employer shall be excused from paying 
the employer
contribution required under this subsection (e) 
for the balance of the term
of that contract.  The employer and 
the employee organization shall jointly
certify to the System 
the existence of the contractual requirement, in such
form as 
the System may prescribe.  This exclusion shall cease upon the

termination, extension, or renewal of the contract at any time 
after May 1,
1998.

    (f) If the amount of a teacher's salary for any school year 
used to determine final average salary exceeds the amount of 
his or her salary with the same employer for the previous 
school year by more than 6%, the teacher's employer shall pay 
to the System, in addition to all other payments required under 
this Section and in accordance with guidelines established by 
the System, the present value of the increase in benefits 
resulting from the portion of the increase in salary that is in 
excess of 6%.  This present value shall be computed by the 
System on the basis of the actuarial assumptions and tables 
used in the most recent actuarial valuation of the System that 
is available at the time of the computation.   The employer 
contributions required under this subsection (f) shall be paid 
in the form of a lump sum within 30 days after receipt of the 
bill after the teacher begins receiving benefits under this 
Article.

    The provisions of this subsection (f) do not apply to 
salary increases paid to teachers under contracts or collective 
bargaining agreements entered into, amended, or renewed before 
the effective date of this amendatory Act of the 94th General 
Assembly.

(Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4, 
eff. 6-1-05.)

 



    (40 ILCS 5/18-131)  (from Ch. 108 1/2, par. 18-131)


    Sec. 18-131. Financing; employer contributions. 

    (a) The State of Illinois shall make contributions to this 
System by
appropriations of the amounts which, together with 
the contributions of
participants, net earnings on 
investments, and other income, will meet the
costs of 
maintaining and administering this System on a 90% funded basis 
in
accordance with actuarial recommendations.

    (b) The Board shall determine the amount of State 
contributions
required for each fiscal year on the basis of the 
actuarial tables and other
assumptions adopted by the Board and 
the prescribed rate of interest, using
the formula in 
subsection (c).

    (c) For State fiscal years 2011 through 2045, the minimum 
contribution
to the System to be made by the State for each 
fiscal year shall be an amount
determined by the System to be 
sufficient to bring the total assets of the
System up to 90% of 
the total actuarial liabilities of the System by the end of

State fiscal year 2045.  In making these determinations, the 
required State
contribution shall be calculated each year as a 
level percentage of payroll
over the years remaining to and 
including fiscal year 2045 and shall be
determined under the 
projected unit credit actuarial cost method.

    For State fiscal years 1996 through 2005, the State 
contribution to
the System, as a percentage of the applicable 
employee payroll, shall be
increased in equal annual increments 
so that by State fiscal year 2011, the
State is contributing at 
the rate required under this Section.

    Notwithstanding any other provision of this Article, the 
total required State
contribution for State fiscal year 2006 is 
$29,189,400.

    Notwithstanding any other provision of this Article, the 
total required State
contribution for State fiscal year 2007 is 
$35,236,800.

    For each of State fiscal years 2008 through 2010, the State 
contribution to
the System, as a percentage of the applicable 
employee payroll, shall be
increased in equal annual increments 
from the required State contribution for State fiscal year 
2007, so that by State fiscal year 2011, the
State is 
contributing at the rate otherwise required under this Section.

    Beginning in State fiscal year 2046, the minimum State 
contribution for
each fiscal year shall be the amount needed to 
maintain the total assets of
the System at 90% of the total 
actuarial liabilities of the System.

    Amounts received by the System pursuant to Section 25 of 
the Budget Stabilization Act in any fiscal year do not reduce 
and do not constitute payment of any portion of the minimum 
State contribution required under this Article in that fiscal 
year.  Such amounts shall not reduce, and shall not be included 
in the calculation of, the required State contributions under 
this Article in any future year until the System has reached a 
funding ratio of at least 90%.  A reference in this Article to 
the "required State contribution" or any substantially similar 
term does not include or apply to any amounts payable to the 
System under  Section 25 of the Budget Stabilization Act.

    Notwithstanding any other provision of this Section, the 
required State
contribution for State fiscal year 2005 and for 
fiscal year 2008 and each fiscal year thereafter, as
calculated 
under this Section and
certified under Section 18-140, shall 
not exceed an amount equal to (i) the
amount of the required 
State contribution that would have been calculated under
this 
Section for that fiscal year if the System had not received any 
payments
under subsection (d) of Section 7.2 of the General 
Obligation Bond Act, minus
(ii) the portion of the State's 
total debt service payments for that fiscal
year on the bonds 
issued for the purposes of that Section 7.2, as determined
and 
certified by the Comptroller, that is the same as the System's 
portion of
the total moneys distributed under subsection (d) of 
Section 7.2 of the General
Obligation Bond Act. In determining 
this maximum for State fiscal years 2008 through 2010, however, 
the amount referred to in item (i) shall be increased, as a 
percentage of the applicable employee payroll, in equal 
increments calculated from the sum of the required State 
contribution for State fiscal year 2007 plus the applicable 
portion of the State's total debt service payments for fiscal 
year 2007  on the bonds issued for the purposes of Section 7.2 
of the General
Obligation Bond Act, so that, by State fiscal 
year 2011, the
State is contributing at the rate otherwise 
required under this Section.

(Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)

 
    Section 5-71. The State Pension Funds Continuing 
Appropriation Act is amended  by adding Section 1.7 as follows:
 
    (40 ILCS 15/1.7 new)

    Sec. 1.7. Appropriations from the Pension Stabilization 
Fund.
    (a) All of the moneys deposited from time to time into the 
Pension Stabilization Fund are hereby appropriated, on a 
continuing basis, to the State Comptroller for the purpose of 
making distributions to the designated retirement systems as 
provided in Section 25 of the Budget Stabilization Act.
    (b) The appropriations made under this Section are in 
addition to, and do not affect, the amounts subject to 
appropriation  under any other Section of this Act.

 
    Section 5-72. The Regional Transportation Authority Act is 
amended  by changing Section 4.13 as follows:
 



    (70 ILCS 3615/4.13)  (from Ch. 111 2/3, par. 704.13)


    Sec. 4.13. Annual Capital Improvement Plan. 

    (a) With respect to each calendar year, the Authority shall 
prepare as
part of its Five Year Program an Annual Capital 
Improvement Plan (the
"Plan") which shall describe its intended 
development and implementation of
the Strategic Capital 
Improvement Program.  The Plan shall include the
following 
information:


        (i) a list of projects for which approval is sought 
    from the Governor,
with a description of each project 
    stating at a minimum the project cost, its
category, its 
    location and the entity responsible for its 
    implementation;


        (ii) a certification by
the Authority that the 
    Authority and the Service Boards have applied for
all 
    grants, loans and other moneys made available by the 
    federal government
or the State of Illinois during the 
    preceding federal and State fiscal
years for financing its 
    capital development activities;


        (iii) a certification that, as of September 30 of the 
    preceding calendar
year or any later date, the balance of 
    all federal capital grant funds and
all other funds to be 
    used as matching funds therefor which were committed
to or 
    possessed by the Authority or a Service Board but which had 
    not been
obligated was less than $350,000,000, or a greater 
    amount as authorized in
writing by the Governor (for 
    purposes of this subsection (a),
"obligated" means 
    committed to be paid by the Authority or a Service Board

    under a contract with a nongovernmental entity in 
    connection with the
performance of a project or committed 
    under a force account plan
approved by the federal 
    government);


        (iv) a certification that the Authority has adopted a 
    balanced budget
with respect to such calendar year under 
    Section 4.01 of this Act;


        (v) a schedule of all bonds or notes
previously issued 
    for Strategic Capital Improvement Projects and all debt

    service payments to be made with respect to all such bonds 
    and the
estimated additional debt service payments through 
    June 30 of the following
calendar year expected to result 
    from bonds to be sold prior thereto;


        (vi) a long-range summary of the Strategic Capital 
    Improvement
Program describing the projects to be funded 
    through the Program with
respect to project cost, category, 
    location, and implementing entity, and
presenting a 
    financial plan including an estimated time schedule for

    obligating funds for the performance of approved projects, 
    issuing bonds,
expending bond proceeds and paying debt 
    service throughout the duration of
the Program; and


        (vii) the source of funding for each project in the 
    Plan.  For any project
for which full funding has not yet 
    been secured and which is not subject to
a federal full 
    funding contract, the Authority must identify alternative,

    dedicated funding sources available to complete the 
    project.  The Governor
may waive this requirement on a 
    project by project basis.

    (b) The Authority shall submit the Plan with respect to any 
calendar
year to the Governor on or before January 15 of that 
year, or as soon as
possible thereafter; provided, however, 
that the Plan shall be adopted on
the affirmative votes of 9 of 
the then Directors.  The Plan may be revised
or amended at any 
time, but any revision in the projects approved shall
require 
the Governor's approval.

    (c) The Authority shall seek approval from the Governor 
only through the
Plan or an amendment thereto.  The Authority 
shall not request approval of the
Plan from the Governor in any 
calendar year in which it is unable to make the
certifications 
required under items (ii), (iii) and (iv) of subsection (a).
In 
no event shall the Authority seek approval of the Plan from the 
Governor for
projects in an aggregate amount exceeding the 
proceeds of
authorization for bonds or notes
for Strategic 
Capital Improvement Projects issued under Section 4.04 of this

Act.

    (d) The Governor may approve the Plan for which
approval is 
requested.  The Governor's approval is limited to
the amount of 
the project cost stated in the Plan.  The Governor shall not

approve the Plan in a calendar year if the Authority is unable 
to make
the certifications required under items (ii), (iii) and 
(iv)
of subsection (a).  In no event shall the Governor approve 
the Plan for
projects in an aggregate amount exceeding the 
proceeds of
authorization for
bonds or notes for Strategic 
Capital Improvement Projects issued under
Section 4.04 of this 
Act.

    (e) With respect to capital improvements, only those 
capital improvements
which are in a Plan approved by the 
Governor shall be financed with the
proceeds of bonds or notes 
issued for Strategic Capital Improvement Projects.

    (f) Before the Authority or a Service Board obligates any 
funds for a
project for which the Authority or Service Board 
intends to use the proceeds
of bonds or notes for Strategic 
Capital Improvement Projects, but which project
is not included 
in an approved Plan, the Authority must notify the Governor of

the intended obligation.  No project costs incurred prior to 
approval of the
Plan including that project may be paid from 
the proceeds of bonds or notes for
Strategic Capital 
Improvement Projects issued under Section 4.04 of this Act.

(Source: P.A. 91-37, eff. 7-1-99.)



 
    Section 5-73. The School Code is amended  by changing 
Section 3-12 as follows:
 



    (105 ILCS 5/3-12)  (from Ch. 122, par. 3-12)



    Sec. 3-12. Institute fund. 
    (a) All certificate
registration fees and
a portion of 
renewal and duplicate fees
shall be kept by the regional 
superintendent as described in Section 21-16 of
this Code, 
together with a record of the
names of the persons paying them. 
Such fees shall be deposited
into the institute fund and
shall 
be used by the regional superintendent
to defray expenses 
associated with the
work of
the regional professional 
development review committees established pursuant to

paragraph (2) of subsection (g) of Section 21-14 of this Code 
to advise the
regional
superintendent, upon his or her request, 
and to hear appeals relating to the
renewal of
teaching 
certificates, in accordance with Section 21-14 of this Code; to 
defray
expenses
connected with improving the technology 
necessary for the efficient processing
of
certificates;
to 
defray expenses incidental to
teachers' institutes,
workshops 
or meetings of a professional nature that are designed to 
promote the
professional growth of teachers or for the purpose 
of defraying the expense of
any general or special meeting of 
teachers or school personnel of the region,
which has been 
approved by the regional superintendent.

    (b) In addition to the use of moneys in the institute fund 
to defray expenses under subsection (a) of this Section, the 
State Superintendent of Education, as authorized under Section 
2-3.105 of this Code, shall use moneys in the institute fund to 
defray all costs associated with the administration of teaching 
certificates within a city having a population exceeding 
500,000.

    (c) The regional superintendent shall on or before January 
1 of each year
publish in a newspaper of general circulation 
published in the region or
shall post in each school building 
under his jurisdiction an accounting of
(1) the balance on hand 
in the Institute fund at the beginning of the
previous year; 
(2) all receipts within the previous year deposited in the

fund, with the sources from which they were derived; (3) the 
amount
distributed from the fund and the purposes for which 
such distributions
were made; and (4) the balance on hand in 
the fund.

(Source: P.A. 91-102, eff. 7-12-99.)

 
    Section 5-75. The Riverboat Gambling Act is amended  by 
changing Section 13 as follows:
 



    (230 ILCS 10/13)  (from Ch. 120, par. 2413)



    Sec. 13. Wagering tax; rate; distribution. 

    (a) Until January 1, 1998, a tax is imposed on the adjusted 
gross
receipts received from gambling games authorized under 
this Act at the rate of
20%.

    (a-1) From January 1, 1998 until July 1, 2002, a privilege 
tax is
imposed on persons engaged in the business of conducting 
riverboat gambling
operations, based on the adjusted gross 
receipts received by a licensed owner
from gambling games 
authorized under this Act at the following rates:


        15% of annual adjusted gross receipts up to and 
    including $25,000,000;


        20% of annual adjusted gross receipts in excess of 
    $25,000,000 but not
exceeding $50,000,000;


        25% of annual adjusted gross receipts in excess of 
    $50,000,000 but not
exceeding $75,000,000;


        30% of annual adjusted gross receipts in excess of 
    $75,000,000 but not
exceeding $100,000,000;


        35% of annual adjusted gross receipts in excess of 
    $100,000,000.

    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax 
is imposed on
persons engaged in the business of conducting 
riverboat gambling operations,
other than licensed managers 
conducting riverboat gambling operations on behalf
of the 
State,  based on the adjusted gross receipts received by a 
licensed
owner from gambling games authorized under this Act at 
the following rates:


        15% of annual adjusted gross receipts up to and 
    including $25,000,000;


        22.5% of annual adjusted gross receipts in excess of 
    $25,000,000 but not
exceeding $50,000,000;


        27.5% of annual adjusted gross receipts in excess of 
    $50,000,000 but not
exceeding $75,000,000;


        32.5% of annual adjusted gross receipts in excess of 
    $75,000,000 but not
exceeding $100,000,000;


        37.5% of annual adjusted gross receipts in excess of 
    $100,000,000 but not
exceeding $150,000,000;


        45% of annual adjusted gross receipts in excess of 
    $150,000,000 but not
exceeding $200,000,000;


        50% of annual adjusted gross receipts in excess of 
    $200,000,000.

    (a-3) Beginning July 1, 2003, a privilege tax is imposed on 
persons engaged
in the business of conducting riverboat 
gambling operations, other than
licensed managers conducting 
riverboat gambling operations on behalf of the
State, based on 
the adjusted gross receipts received by a licensed owner from

gambling games authorized under this Act at the following 
rates:


        15% of annual adjusted gross receipts up to and 
    including $25,000,000;


        27.5% of annual adjusted gross receipts in excess of 
    $25,000,000 but not
exceeding $37,500,000;


        32.5% of annual adjusted gross receipts in excess of 
    $37,500,000 but not
exceeding $50,000,000;


        37.5% of annual adjusted gross receipts in excess of 
    $50,000,000 but not
exceeding $75,000,000;


        45% of annual adjusted gross receipts in excess of 
    $75,000,000 but not
exceeding $100,000,000;


        50% of annual adjusted gross receipts in excess of 
    $100,000,000 but not
exceeding $250,000,000;


        70% of annual adjusted gross receipts in excess of 
    $250,000,000.

    An amount equal to the amount of wagering taxes collected 
under this
subsection (a-3) that are in addition to the amount 
of wagering taxes that
would have been collected if the 
wagering tax rates under subsection (a-2)
were in effect shall 
be paid into the Common School Fund.

    The privilege tax imposed under this subsection (a-3) shall 
no longer be
imposed beginning on the earlier of (i) July 1, 
2005; (ii) the first date
after June 20, 2003 that riverboat 
gambling operations are conducted
pursuant to a dormant 
license; or (iii) the first day that riverboat gambling

operations are conducted under the authority of an owners 
license that is in
addition to the 10 owners licenses initially 
authorized under this Act.
For the purposes of this subsection 
(a-3), the term "dormant license"
means an owners license that 
is authorized by this Act under which no
riverboat gambling 
operations are being conducted on June 20, 2003.

    (a-4) Beginning on the first day on which the tax imposed 
under
subsection (a-3) is no longer imposed, a privilege tax is 
imposed on persons
engaged in the business of conducting 
riverboat gambling operations, other
than licensed managers 
conducting riverboat gambling operations on behalf of
the 
State, based on the adjusted gross receipts received by a 
licensed owner
from gambling games authorized under this Act at 
the following rates:


        15% of annual adjusted gross receipts up to and 
    including $25,000,000;


        22.5% of annual adjusted gross receipts in excess of 
    $25,000,000 but not
exceeding $50,000,000;


        27.5% of annual adjusted gross receipts in excess of 
    $50,000,000 but not
exceeding $75,000,000;


        32.5% of annual adjusted gross receipts in excess of 
    $75,000,000 but not
exceeding $100,000,000;


        37.5% of annual adjusted gross receipts in excess of 
    $100,000,000 but not
exceeding $150,000,000;


        45% of annual adjusted gross receipts in excess of 
    $150,000,000 but not
exceeding $200,000,000;


        50% of annual adjusted gross receipts in excess of 
    $200,000,000.

    (a-8) Riverboat gambling operations conducted by a 
licensed manager on
behalf of the State are not subject to the 
tax imposed under this Section.

    (a-10) The taxes imposed by this Section shall be paid by 
the licensed
owner to the Board not later than 3:00 o'clock 
p.m. of the day after the day
when the wagers were made.

    (a-15) If the privilege tax imposed under subsection (a-3) 
is no longer imposed pursuant to item (i) of the last paragraph 
of subsection (a-3), then by June 15 of each year, each owners 
licensee, other than an owners licensee that   admitted 1,000,000 
persons or
fewer in calendar year 2004, must, in addition to 
the payment of all amounts otherwise due under this Section, 
pay to the Board a reconciliation payment in the amount, if 
any, by which the licensed owner's base amount for  the licensed 
owner exceeds the amount of net privilege tax paid under this 
Section by the licensed owner to the Board in the then current 
State fiscal year. A licensed owner's net privilege tax 
obligation due for the balance of the State fiscal year shall 
be reduced up to the total of the amount paid by the licensed 
owner in its June 15 reconciliation payment. The obligation 
imposed by this subsection (a-15) is binding on any person, 
firm, corporation, or other entity that acquires an ownership 
interest in any such owners license. The obligation imposed 
under this subsection (a-15) terminates on the earliest of: (i) 
July 1, 2007, (ii) the first day after the effective date of 
this amendatory Act of the 94th General Assembly that riverboat 
gambling operations are conducted pursuant to a dormant 
license, (iii) the first day that riverboat gambling operations 
are conducted under the authority of an owners license that is 
in addition to the 10 owners licenses initially authorized 
under this Act, or (iv) the first day that a licensee under the 
Illinois Horse Racing Act of 1975 conducts gaming operations 
with slot machines or other electronic gaming devices.  The 
Board must reduce the obligation imposed under this subsection 
(a-15) by an amount the Board deems reasonable for any of the 
following reasons: (A) an act or acts of God, (B) an act of 
bioterrorism or terrorism or a bioterrorism or terrorism threat 
that was investigated by a law enforcement agency, or (C) a 
condition beyond the control of the owners licensee that does 
not result from any act or omission by the owners licensee or 
any of its agents and that poses a hazardous threat to the 
health and safety of patrons. If an owners licensee pays an 
amount in excess of its liability under this Section, the Board 
shall apply the overpayment to future payments required under 
this Section.
    For purposes of this subsection (a-15):
    "Act of God" means an incident caused by the operation of 
an extraordinary force that cannot be foreseen, that cannot be 
avoided by the exercise of due care, and for which no person 
can be held liable.

    "Base amount" means the following:
        For a riverboat in Alton, $31,000,000.

        For a riverboat in East Peoria, $43,000,000.

        For the Empress riverboat in Joliet, $86,000,000.

        For a riverboat in Metropolis, $45,000,000.

        For the Harrah's  riverboat in Joliet, $114,000,000.

        For a riverboat in Aurora, $86,000,000.

        For a riverboat in East St. Louis, $48,500,000.

        For a riverboat in Elgin, $198,000,000.

    "Dormant license" has the meaning ascribed to it in 
subsection (a-3).

    "Net privilege tax" means all privilege taxes paid by a 
licensed owner to the Board under this Section, less all 
payments made from the State Gaming Fund pursuant to subsection 
(b) of this Section.
    The changes made to this subsection (a-15) by this 
amendatory Act of the 94th General Assembly are intended to 
restate and clarify the intent of Public Act 94-673 with 
respect to the amount of the payments required to be made under 
this subsection by an owners licensee to the Board.

    (b) Until January 1, 1998, 25% of the tax revenue deposited 
in the State
Gaming Fund under this Section shall be paid, 
subject to appropriation by the
General Assembly, to the unit 
of local government which is designated as the
home dock of the 
riverboat. Beginning January 1, 1998, from the tax revenue

deposited in the State Gaming Fund under this Section, an 
amount equal to 5% of
adjusted gross receipts generated by a 
riverboat shall be paid monthly, subject
to appropriation by 
the General Assembly, to the unit of local government that
is 
designated as the home dock of the riverboat. From the tax 
revenue
deposited in the State Gaming Fund pursuant to 
riverboat gambling operations
conducted by a licensed manager 
on behalf of the State, an amount equal to 5%
of adjusted gross 
receipts generated pursuant to those riverboat gambling

operations shall be paid monthly,
subject to appropriation by 
the General Assembly, to the unit of local
government that is 
designated as the home dock of the riverboat upon which
those 
riverboat gambling operations are conducted.

    (c) Appropriations, as approved by the General Assembly, 
may be made
from the State Gaming Fund to the Department of 
Revenue and the Department
of State Police for the 
administration and enforcement of this Act, or to the

Department of Human Services for the administration of programs 
to treat
problem gambling.

    (c-5) After the payments required under subsections (b) and 
(c) have been
made, an amount equal to 15% of the adjusted 
gross receipts of (1) an owners
licensee that relocates 
pursuant to Section 11.2,
(2) an owners licensee

conducting 
riverboat gambling operations
pursuant to an
owners license 
that is initially issued after June
25, 1999,
or (3) the first

riverboat gambling operations conducted by a licensed manager 
on behalf of the
State under Section 7.3,
whichever comes 
first, shall be paid from the State
Gaming Fund into the Horse 
Racing Equity Fund.

    (c-10) Each year the General Assembly shall appropriate 
from the General
Revenue Fund to the Education Assistance Fund 
an amount equal to the amount
paid into the Horse Racing Equity 
Fund pursuant to subsection (c-5) in the
prior calendar year.

    (c-15) After the payments required under subsections (b), 
(c), and (c-5)
have been made, an amount equal to 2% of the 
adjusted gross receipts of (1)
an owners licensee that 
relocates pursuant to Section 11.2, (2) an owners
licensee 
conducting riverboat gambling operations pursuant to
an
owners 
license that is initially issued after June 25, 1999,
or (3) 
the first
riverboat gambling operations conducted by a licensed 
manager on behalf of the
State under Section 7.3,
whichever 
comes first, shall be paid, subject to appropriation
from the 
General Assembly, from the State Gaming Fund to each home rule

county with a population of over 3,000,000 inhabitants for the 
purpose of
enhancing the county's criminal justice system.

    (c-20) Each year the General Assembly shall appropriate 
from the General
Revenue Fund to the Education Assistance Fund 
an amount equal to the amount
paid to each home rule county 
with a population of over 3,000,000 inhabitants
pursuant to 
subsection (c-15) in the prior calendar year.

    (c-25) After the payments required under subsections (b), 
(c), (c-5) and
(c-15) have been made, an amount equal to 2% of 
the
adjusted gross receipts of (1) an owners licensee

that

relocates pursuant to Section 11.2, (2) an
owners
licensee 
conducting riverboat gambling operations pursuant to
an
owners 
license
that is initially issued after June 25, 1999,
or (3) 
the first
riverboat gambling operations conducted by a licensed 
manager on behalf of the
State under Section 7.3,
whichever

comes first,
shall be paid from the State
Gaming Fund to 
Chicago State University.

    (d) From time to time, the
Board shall transfer the 
remainder of the funds
generated by this Act into the Education

Assistance Fund, created by Public Act 86-0018, of the State of 
Illinois.

    (e) Nothing in this Act shall prohibit the unit of local 
government
designated as the home dock of the riverboat from 
entering into agreements
with other units of local government 
in this State or in other states to
share its portion of the 
tax revenue.

    (f) To the extent practicable, the Board shall administer 
and collect the
wagering taxes imposed by this Section in a 
manner consistent with the
provisions of Sections 4, 5, 5a, 5b, 
5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the 
Retailers' Occupation Tax Act and Section 3-7 of the
Uniform 
Penalty and Interest Act.

(Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, 
eff. 8-23-05.)

 
    Section 5-77. The Illinois Public Aid Code is amended  by 
changing Section 5A-8 as follows:
 
    (305 ILCS 5/5A-8)  (from Ch. 23, par. 5A-8)

    Sec. 5A-8. Hospital Provider Fund.


    (a) There is created in the State Treasury the Hospital 
Provider Fund.
Interest earned by the Fund shall be credited to 
the Fund.  The
Fund shall not be used to replace any moneys 
appropriated to the
Medicaid program by the General Assembly.


    (b) The Fund is created for the purpose of receiving moneys

in accordance with Section 5A-6 and disbursing moneys only for 
the following
purposes, notwithstanding any other provision of 
law:


        (1) For making payments to hospitals as required under 
    Articles V, VI,
and XIV of this Code and
under the 
    Children's Health Insurance Program Act.


        (2) For the reimbursement of moneys collected by the

    Illinois Department from hospitals or hospital providers 
    through error or
mistake in performing the
activities 
    authorized under this Article and Article V of this Code.


        (3) For payment of administrative expenses incurred by 
    the
Illinois Department or its agent in performing the 
    activities
authorized by this Article.


        (4) For payments of any amounts which are reimbursable 
    to
the federal government for payments from this Fund which 
    are
required to be paid by State warrant.


        (5) For making transfers, as those transfers are 
    authorized
in the proceedings authorizing debt under the 
    Short Term Borrowing Act,
but transfers made under this 
    paragraph (5) shall not exceed the
principal amount of debt 
    issued in anticipation of the receipt by
the State of 
    moneys to be deposited into the Fund.


        (6) For making transfers to any other fund in the State 
    treasury, but
transfers made under this paragraph (6) shall 
    not exceed the amount transferred
previously from that 
    other fund into the Hospital Provider Fund.


        (7) For State fiscal years 2004 and 2005 for making 
    transfers to the Health and Human Services
Medicaid Trust 
    Fund, including 20% of the moneys received from
hospital 
    providers under Section 5A-4 and transferred into the 
    Hospital
Provider
Fund under Section 5A-6. For State fiscal 
    year
years 2006, 2007 and 2008 for making transfers to the 
    Health and Human Services Medicaid Trust Fund of up to 
    $130,000,000 per year of the moneys received from hospital 
    providers under Section 5A-4 and transferred into the 
    Hospital Provider Fund under Section 5A-6. Transfers under 
    this paragraph shall be made within 7
days after the 
    payments have been received pursuant to the schedule of 
    payments
provided in subsection (a) of Section 5A-4.


        (7.5) For State fiscal years 2007 and 2008 for making
    
    transfers of the moneys received from hospital providers 
    under Section 5A-4 and transferred into the Hospital 
    Provider Fund under Section 5A-6 to the designated funds 
    not exceeding the following amounts in any State fiscal 
    year:
    Health and Human Services
     Medicaid Trust Fund.........                 $20,000,000
    Long-Term Care Provider Fund........          $30,000,000
    General Revenue Fund.......                  $80,000,000.
        Transfers under this paragraph shall be made within 7 
    days after the payments have been received pursuant to the 
    schedule of payments provided in subsection (a) of Section 
    5A-4.

        (8) For making refunds to hospital providers pursuant 
    to Section 5A-10.


    Disbursements from the Fund, other than transfers 
authorized under
paragraphs (5) and (6) of this subsection, 
shall be by
warrants drawn by the State Comptroller upon 
receipt of vouchers
duly executed and certified by the Illinois 
Department.


    (c) The Fund shall consist of the following:


        (1) All moneys collected or received by the Illinois

    Department from the hospital provider assessment imposed 
    by this
Article.


        (2) All federal matching funds received by the Illinois

    Department as a result of expenditures made by the Illinois

    Department that are attributable to moneys deposited in the 
    Fund.


        (3) Any interest or penalty levied in conjunction with 
    the
administration of this Article.


        (4) Moneys transferred from another fund in the State 
    treasury.



        (5) All other moneys received for the Fund from any 
    other
source, including interest earned thereon.


    (d) (Blank).



(Source: P.A. 93-659, eff. 2-3-04; 94-242, eff. 7-18-05.)

 
    Section 5-78. The Illinois Affordable Housing Act is 
amended  by changing Section 8 as follows:
 



    (310 ILCS 65/8)  (from Ch. 67 1/2, par. 1258)


    Sec. 8. Uses of Trust Fund. 

    (a) Subject to annual appropriation to
the Funding Agent 
and subject to the prior dedication, allocation, transfer
and 
use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and 
9 of this
Act, the Trust Fund may be used to make grants,

mortgages, or
other loans to acquire, construct, rehabilitate, 
develop, operate, insure,
and retain affordable single-family 
and multi-family housing in this State
for low-income
and very 
low-income households.  The majority of monies appropriated to 
the
Trust Fund in any given year are to be used for affordable 
housing for very
low-income households. For the fiscal year 
beginning July 1, 2006 only, the Department of Human Services 
is authorized to receive appropriations and spend moneys from 
the Illinois Affordable Housing Trust Fund for the purpose of 
developing and coordinating public and private resources 
targeted to meet the affordable housing needs of low-income, 
very low-income, and special needs households in the State of 
Illinois.


    (b) For each fiscal year commencing with fiscal year 1994, 
the Program
Administrator shall certify from time to time to 
the Funding Agent, the
Comptroller and the State
Treasurer 
amounts, up to an aggregate in any fiscal year of $10,000,000, 
of
Trust Fund Moneys expected to be used or pledged by the 
Program Administrator
during the fiscal year for the purposes 
and uses specified in Sections 8(c) and
9 of this Act.  Subject 
to annual appropriation, upon receipt of such
certification, 
the Funding Agent and the
Comptroller shall dedicate and the 
State Treasurer shall transfer not less
often than monthly to 
the Program Administrator or its designated payee,
without 
requisition or further
request therefor, all amounts 
accumulated in the Trust Fund within the State
Treasury and not 
already transferred to the Loan Commitment Account prior to
the 
Funding Agent's receipt of such certification, until the 
Program
Administrator has received the aggregate amount 
certified by the Program
Administrator, to be used solely for 
the purposes and uses authorized and
provided in Sections 8(c) 
and 9 of this Act.  Neither the Comptroller nor the
Treasurer 
shall transfer, dedicate or allocate any of the Trust Fund 
Moneys
transferred or certified for transfer by the Program 
Administrator as provided
above to any other fund, nor shall 
the Governor authorize any such transfer,
dedication or 
allocation, nor shall any of the Trust Fund Moneys so 
dedicated,
allocated or transferred be used, temporarily or 
otherwise, for interfund
borrowing, or be otherwise used or 
appropriated, except as expressly authorized
and provided in 
Sections 8(c) and 9 of this Act for the purposes and subject to

the priorities, limitations and conditions provided for 
therein until such
obligations, uses and dedications as therein 
provided, have been satisfied.

    (c) Notwithstanding Section 5(b) of this Act, any Trust 
Fund Moneys
transferred to the Program Administrator pursuant 
to Section 8(b) of this Act,
or otherwise obtained, paid to or 
held by or for the Program Administrator, or
pledged pursuant 
to resolution of the Program Administrator, for Affordable

Housing Program Trust Fund Bonds or Notes under the Illinois 
Housing
Development Act, and all proceeds, payments and 
receipts from investments or
use of such moneys, including any 
residual or additional funds or moneys
generated or obtained in 
connection with any of the foregoing, may be held,
pledged, 
applied or dedicated by the Program Administrator as follows:


        (1) as required by the terms of any pledge of or 
    resolution of the Program
Administrator authorized under 
    Section 9 of this Act in connection with
Affordable Housing 
    Program Trust Fund Bonds or Notes issued pursuant to the

    Illinois Housing Development Act;


        (2) to or for costs of issuance and administration
and 
    the payments of any principal, interest, premium or other 
    amounts or
expenses incurred or accrued in connection with 
    Affordable Housing Program
Trust Fund Bonds or Notes, 
    including rate protection contracts and credit
support 
    arrangements pertaining thereto, and, provided such 
    expenses, fees and
charges are obligations, whether 
    recourse or nonrecourse, and whether financed
with or paid 
    from the proceeds of Affordable Housing Program Trust Fund 
    Bonds
or Notes, of the developers, mortgagors or other 
    users, the Program
Administrator's expenses and servicing, 
    administration and origination fees and
charges in 
    connection with any loans, mortgages, or developments 
    funded or
financed or expected to be funded or financed, in 
    whole or in part, from the
issuance of Affordable Housing 
    Program Trust Fund Bonds or Notes;


        (3) to or for costs of issuance and administration and 
    the payments of
principal, interest, premium, loan fees, 
    and other amounts or other obligations
of the Program 
    Administrator, including rate protection contracts and 
    credit
support arrangements pertaining thereto, for loans, 
    commercial paper or other
notes or bonds issued by the 
    Program Administrator pursuant to the Illinois
Housing 
    Development Act, provided that the proceeds of such loans, 
    commercial
paper or other notes or bonds are paid or 
    expended in connection with, or
refund or repay, loans, 
    commercial paper or other notes or bonds issued or made
in 
    connection with bridge loans or loans for the construction, 
    renovation,
redevelopment, restructuring, reorganization 
    of Affordable Housing and related
expenses, including 
    development costs, technical assistance, or other amounts

    to construct, preserve, improve, renovate, rehabilitate, 
    refinance, or assist
Affordable Housing, including 
    financially troubled Affordable Housing,
permanent or 
    other financing for which has been funded or financed or is

    expected to be funded or financed in whole or in part by 
    the Program
Administrator through the issuance of or use of 
    proceeds from Affordable
Housing Program Trust Fund Bonds 
    or Notes;


        (4) to or for direct expenditures or reimbursement for 
    development costs,
technical assistance, or other amounts 
    to construct, preserve, improve,
renovate, rehabilitate, 
    refinance, or assist Affordable Housing, including

    financially troubled Affordable Housing, permanent or 
    other financing for which
has been funded or financed or is 
    expected to be funded or financed in whole or
in part by 
    the Program Administrator through the issuance of or use of 
    proceeds
from Affordable Housing Program Trust Fund Bonds 
    or Notes; and


        (5) for deposit into any residual, sinking, reserve or 
    revolving fund or
pool established by the Program 
    Administrator, whether or not pledged to secure
Affordable 
    Housing Program Trust Fund Bonds or Notes, to support or be

    utilized for the
issuance, redemption, or payment of the 
    principal, interest, premium or other
amounts payable on or 
    with respect to any existing, additional or future

    Affordable Housing Program Trust Fund Bonds or Notes, or to 
    or for any other
expenditure authorized by this Section 
    8(c).

    (d) All or a portion of the Trust Fund Moneys on
deposit or 
to be
deposited in
the Trust Fund not already certified for 
transfer or transferred to the
Program Administrator pursuant 
to Section 8(b) of this Act may be used to
secure the repayment 
of Affordable Housing Program Trust Fund Bonds or
Notes, or 
otherwise to supplement or support Affordable Housing funded or

financed
or
intended to be funded or financed, in whole or in 
part, by Affordable Housing
Program Trust Fund Bonds or Notes.

    (e) Assisted housing may include housing for special needs

populations
such as the homeless, single-parent families, the 
elderly, or the
physically and mentally disabled.  The Trust 
Fund shall be used to
implement a demonstration congregate 
housing project for any such special
needs population.

    (f) Grants from the Trust Fund may include, but are not 
limited
to,
rental assistance and security deposit subsidies 
for low and very low-income
households.

    (g) The Trust Fund may be used to pay actual and reasonable

costs for
Commission members to attend Commission meetings, and 
any litigation costs
and expenses, including legal fees, 
incurred by the Program Administrator
in any litigation related 
to this Act or its action as Program
Administrator.

    (h) The Trust Fund may be used to make grants for (1) the

provision of
technical assistance, (2) outreach, and (3) 
building an organization's
capacity to develop affordable 
housing projects.

    (i) Amounts on deposit in the Trust Fund may be used to 
reimburse the
Program
Administrator and the Funding Agent for 
costs incurred in the performance of
their duties under this 
Act, excluding costs and fees of the Program
Administrator 
associated with the Program Escrow to the extent withheld

pursuant to paragraph (8) of subsection (b) of Section 5.

(Source: P.A. 88-93; 89-286, eff. 8-10-95.)



 
    Section 5-80. The Illinois Vehicle Code is amended  by 
changing Sections 18c-1603 and 18c-1604 as follows:
 



    (625 ILCS 5/18c-1603)  (from Ch. 95 1/2, par. 18c-1603)


    Sec. 18c-1603. Expenditures from the Transportation 
Regulatory Fund. (1) Authorization of Expenditures from the 
Fund. Monies deposited in the
Transportation Regulatory Fund 
shall be expended only for the
administration and enforcement 
of this Chapter and Chapter 18a.

    (2) Allocation of Expenses to the Fund. (a) Expenses 
Allocated Entirely
to the Transportation Regulatory Fund.  All 
expenses of the Transportation
Division shall be allocated to 
the Transportation Regulatory Fund, provided
that they were:

    (i) Incurred by and for staff employed within the 
Transportation
Division and accountable, directly or through a 
program director or staff
supervisor, to the Transportation 
Division manager;

    (ii) Incurred exclusively in the administration and 
enforcement of
this Chapter and Chapter 18a; and

    (iii) Authorized by the Transportation Division manager.

    (b) Expenses Partially Allocated to the Transportation 
Regulatory Fund.
A portion of expenses for the following 
persons and activities may be
allocated to the Transportation 
Regulatory Fund:

    (i) The Executive Director, his deputies and personal 
assistants, and
their clerical support;

    (ii) The legislative liaison activities of the Office of 
Legislative
Affairs, its constituent elements and successors;

    (iii) The activities of the Bureau of Planning and 
Operations on the effective date of this amendatory Act of the 
94th General Assembly
Administrative Services Division on the

effective date of this amendatory Act of 1987, exclusive of the 
Chief Clerk's office;

    (iv) The payroll expenses of Commissioners' assistants;

    (v) The internal auditor; and

    (vi) The in-state travel expenses of the Commissioners to 
and from
the offices of the Commission; and .

    (vii) The Public Affairs Group, its constituent elements, 
and its successors.

    (c) Allocation Methodology for Expenses Other Than 
Administrative
Services Division and Commissioners' 
Assistants.  The portion of total
expenses (other than

Administrative Services Division and commissioners' 
assistants' expenses)
allocated to the Transportation 
Regulatory Fund under paragraph (b) of this
subsection shall be 
the lessor of: (i) The portion of staff time spent exclusively 
on administration and
enforcement of this Chapter and Chapter 
18a, as shown
by a time study updated at least once each 6 
months; and (ii) The percentage of total authorized Commission 
staff for the fiscal
year which is employed in Transportation 
Division (based on the average for
the fiscal year).

    (d) (Blank).
Allocation Methodology for Expenses of 
Administration Services
Division.  The portion of expenses for 
Administrative Services Division
allocated to the 
Transportation Regulatory Fund under paragraph (b) of this

subsection shall not exceed:

    (i) The portion allocable under paragraph (c) of this 
subsection, for
staff payroll expenses; and

    (ii) The portion used exclusively in the administration and 
enforcement
of this Chapter and Chapter 18a, for other than 
staff
payroll expenses.

    (e) Allocation methodology for Commissioners' Assistants 
Expenses.  Five
percent of the payroll expenses of 
commissioners'
assistants may be allocated to the 
Transportation Regulatory Fund.

    (f) Expenses not allocable to the Transportation 
Regulatory Fund.  No
expenses shall be allocated to or paid from 
the Transportation Regulatory
Fund except as expressly 
authorized in paragraphs (a) through (e) of this
subsection.  In 
particular, no expenses shall be allocated to the Fund
which 
were incurred by or in relation to the following persons and 
activities:

    (i) Commissioners' travel, except as otherwise provided in 
paragraphs (b)
and (c) of this subsection;

    (ii) Commissioners' assistants except as otherwise 
provided in
paragraphs (b) and (e) of this subsection;

    (iii) The Policy Analysis and Research Division, its 
constituent
elements and successors;

    (iv) The Chief Clerk's office, its constituent elements and 
successors;

    (v) The Hearing Examiners Division, its constituent 
elements and
successors, and any hearing examiners or hearings

conducted, in whole or in part, outside the Transportation 
Division;

    (vi) (Blank);
The Public Affairs Group, its constituent 
elements and successors;

    (vii) The Office of General Counsel, its constituent 
elements and
successors, including but not limited to the 
Office of Public Utility
Counsel and any legal staff in the 
office of the executive director, but
not including the 
personal assistant serving as staff counsel to the executive

director as provided in Section 18c-1204(2) and the Office
of 
Transportation Counsel; and

    (viii) Any other expenses or portion thereof not expressly 
authorized in
this subsection to
be allocated to the Fund.

    The constituent elements of the foregoing shall, for 
purposes of this
Section be their constituent elements on the 
effective date of this
amendatory Act of 1987.

    (3) (Blank).
Allocation of Expenses Within the Fund. (a) 
Monies deposited in the
Transportation Regulatory Fund shall be 
expended only in the regulation of
that class of persons as 
defined in subsection (2) of Section 18c-1601 of
this Chapter 
from or in relation to which the monies were received.

    (b) Expenses incurred exclusively in relation to one class 
shall be
allocated to that class and no other.

    (c) A portion of each expense incurred in relation to more 
than one
class may be allocated to each of the involved classes 
based on time study
or actual use, provided that the portion 
allocated to any class shall not
exceed the maximum specified 
in paragraph (d) of this subsection.

    (d) Total expenses allocated to any one class under 
paragraph (c) of
this subsection shall not exceed the amount 
which bears the same percentage
relationship to expenses 
allocated to that class under paragraph (b) of
this subsection 
((c) divided by (b)) as total expenses allocated to all
classes 
under paragraph (b) bear to total expenses allocated to all

classes under paragraph (c) ((c) divided by (b)).

    (4) (Blank).
Effective Date of Section. The Commission 
shall have 180 calendar
days from the effective date of this 
amendatory Act of 1987 to comply fully
with this Section.

(Source: P.A. 86-1005.)


 



    (625 ILCS 5/18c-1604)  (from Ch. 95 1/2, par. 18c-1604)


    Sec. 18c-1604. Annual Report of Expenditures. The 
Commission shall,
within 60 calendar days after the end of the 
lapse period for each fiscal year, submit to the
Governor and 
the General Assembly a report of the following for such fiscal

year:

    (1) All monies deposited in the Transportation Regulatory 
Fund, showing
the total and subtotals by class as defined in 
subsection (2) of
Section 18c-1601 of this Chapter;

    (2) All expenditures from the Transportation Regulatory 
Fund, showing
the total and the sub-totals by class as defined 
in subsection (2) of
Section 18c-1601 of this Chapter;

    (3) A listing and description by function of all staff 
positions
actually funded, in whole or in part, at any time 
during the fiscal year,
from the Transportation Regulatory 
Fund; and

    (4) The methods used to allocate expenses between the 
Transportation
Regulatory Fund and other funds, and between 
classes within the
Transportation Regulatory Fund.

(Source: P.A. 85-553.)



 
    Section 5-85. The Pretrial Services Act  is amended  by 
changing Section 33 as follows:
 



    (725 ILCS 185/33)  (from Ch. 38, par. 333)


    Sec. 33. The Supreme Court shall pay from funds 
appropriated to it for this purpose
100% of all approved costs 
for pretrial services, including pretrial
services officers, 
necessary support personnel, travel costs reasonably
related 
to the delivery of pretrial services, space costs, equipment,

telecommunications, postage, commodities, printing and 
contractual
services.  Costs shall be reimbursed monthly, based 
on a plan and budget
approved by the Supreme Court.  No

department may be reimbursed for costs which exceed or are not 
provided for
in the approved plan and budget.
For State fiscal 
years 2004, 2005, and 2006, and 2007 only, the Mandatory 
Arbitration Fund may be used
to
reimburse approved costs for 
pretrial services.

(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, 
eff. 7-1-05.)

 
    Section 5-90. The Unified Code of Corrections is amended  by 
changing Sections 3-14-6 and 5-9-1.8 as follows:
 



    (730 ILCS 5/3-14-6)


    Sec. 3-14-6. Transitional jobs; pilot program. Subject to 
appropriations
or other funding, the Department may
establish
a

pilot program at various
in 2 locations in the State to place 
persons discharged from a
Department
facility on parole or 
mandatory supervised release in jobs or otherwise
establish a

connection between such persons and the workforce. One such 
location must be at Waukegan, in Lake County. By rule, the 
Department
shall
determine the locations in which the pilot 
program is to be implemented
and the services to be provided.

In determining locations for the pilot program, however, the 
Department shall
give priority to areas of the State in which 
the concentration of released
offenders is the highest.
The

Department may consult with the Department of Human Services in 
establishing
the pilot
program.

(Source: P.A. 93-208, eff. 7-18-03.)


 



    (730 ILCS 5/5-9-1.8)


    Sec. 5-9-1.8. Child pornography fines. Beginning July 1, 
2006, 100%
One hundred percent of the fines in
excess of 
$10,000 collected for violations of Section 11-20.1 of the 
Criminal
Code of 1961 shall be deposited into the Child Abuse 
Prevention Fund
Child Sexual Abuse Fund that is
created in the 
State Treasury.  Moneys in the Fund resulting from the fines

shall be for the use of the
Department of Children and Family 
Services for grants to private entities
giving treatment and 
counseling to victims of child sexual abuse.
    Notwithstanding any other provision of law, in addition to 
any other transfers that may be provided by law, on July 1, 
2006, or as soon thereafter as practical, the State Comptroller 
shall direct and the State Treasurer shall transfer the 
remaining balance from the Child Sexual Abuse Fund into the 
Child Abuse Prevention Fund. Upon completion of the transfer, 
the Child Sexual Abuse Fund is dissolved, and any future 
deposits due to that Fund and any outstanding obligations or 
liabilities of the Fund pass to the Child Abuse Prevention 
Fund.


(Source: P.A. 87-1070; 88-45.)



 
    Section 5-95. The Probation and Probation Officers Act  is 
amended  by changing Sections 15 and 15.1 as follows:
 


    (730 ILCS 110/15)  (from Ch. 38, par. 204-7)


    (Text of Section before amendment by P.A. 94-696)

    Sec. 15. (1) The Supreme Court of Illinois may establish a 
Division of
Probation Services whose purpose shall be the 
development, establishment,
promulgation, and enforcement of 
uniform standards for probation services in
this State, and to 
otherwise carry out the intent of this Act.  The Division
may:


        (a) establish qualifications for chief probation 
    officers and other
probation and court services personnel 
    as to hiring, promotion, and training.


        (b) make available, on a timely basis, lists of those 
    applicants whose
qualifications meet the regulations 
    referred to herein, including on said
lists all candidates 
    found qualified.


        (c) establish a means of verifying the conditions for 
    reimbursement
under this Act and develop criteria for 
    approved costs for reimbursement.


        (d) develop standards and approve employee 
    compensation schedules for
probation and court services 
    departments.


        (e) employ sufficient personnel in the Division to 
    carry out the
functions of the Division.


        (f) establish a system of training and establish 
    standards for personnel
orientation and training.


        (g) develop standards for a system of record keeping 
    for cases and
programs, gather statistics, establish a 
    system of uniform forms, and
develop research for planning 
    of Probation
Services.


        (h) develop standards to assure adequate support 
    personnel, office
space, equipment and supplies, travel 
    expenses, and other essential items
necessary for 
    Probation and Court Services
Departments to carry out their

    duties.


        (i) review and approve annual plans submitted by

    Probation and Court
Services Departments.


        (j) monitor and evaluate all programs operated by

    Probation and Court
Services Departments, and may include 
    in the program evaluation criteria
such factors as the 
    percentage of Probation sentences for felons convicted
of 
    Probationable offenses.


        (k) seek the cooperation of local and State government 
    and private
agencies to improve the quality of probation 
    and
court services.


        (l) where appropriate, establish programs and 
    corresponding standards
designed to generally improve the 
    quality of
probation and court services
and reduce the rate 
    of adult or juvenile offenders committed to the
Department 
    of Corrections.


        (m) establish such other standards and regulations and 
    do all acts
necessary to carry out the intent and purposes 
    of this Act.

    The Division shall establish a model list of structured 
intermediate
sanctions that may be imposed by a probation 
agency for violations of terms and
conditions of a sentence of 
probation, conditional discharge, or supervision.

    The State of Illinois shall provide for the costs of 
personnel, travel,
equipment, telecommunications, postage, 
commodities, printing, space,
contractual services and other 
related costs necessary to carry out the
intent of this Act.

    (2) (a) The chief judge of each circuit shall provide

full-time probation services for all counties
within the 
circuit, in a
manner consistent with the annual probation plan,

the standards, policies,
and regulations established by the 
Supreme Court. A
probation district of
two or more counties 
within a circuit may be created for the purposes of
providing 
full-time probation services. Every
county or group of
counties 
within a circuit shall maintain a
probation department which 
shall
be under the authority of the Chief Judge of the circuit 
or some other
judge designated by the Chief Judge. The Chief 
Judge, through the
Probation and Court Services Department 
shall
submit annual plans to the
Division for probation and 
related services.

    (b) The Chief Judge of each circuit shall appoint the Chief

Probation
Officer and all other probation officers for his
or 
her circuit from lists
of qualified applicants supplied by the 
Supreme Court. Candidates for chief
managing officer and other 
probation officer
positions must apply with both
the Chief 
Judge of the circuit and the Supreme Court.

    (3) A Probation and Court Service Department
shall apply to 
the
Supreme Court for funds for basic services, and may apply 
for funds for new
and expanded programs or Individualized 
Services and Programs. Costs shall
be reimbursed monthly based 
on a plan and budget approved by the Supreme
Court. No 
Department may be reimbursed for costs which exceed or are not

provided for in the approved annual plan and budget. After the 
effective
date of this amendatory Act of 1985, each county must 
provide basic
services in accordance with the annual plan and 
standards created by the
division. No department may receive 
funds for new or expanded programs or
individualized services 
and programs unless they are in compliance with
standards as 
enumerated in paragraph (h) of subsection (1) of this Section,

the annual plan, and standards for basic services.

    (4) The Division shall reimburse the county or counties for

probation
services as follows:


        (a) 100% of the salary of all chief managing officers 
    designated as such
by the Chief Judge and the division.


        (b) 100% of the salary for all probation
officer and 
    supervisor
positions approved for reimbursement by the 
    division after April 1, 1984,
to meet workload standards 
    and to implement intensive sanction and
probation

    supervision
programs and other basic services as defined in 
    this Act.


        (c) 100% of the salary for all secure detention 
    personnel and non-secure
group home personnel approved for 
    reimbursement after December 1, 1990.
For all such 
    positions approved for reimbursement
before
December 1, 
    1990, the counties shall be reimbursed $1,250 per month 
    beginning
July 1, 1995, and an additional $250 per month 
    beginning each July 1st
thereafter until the positions 
    receive 100% salary reimbursement.
Allocation of such 
    positions will be based on comparative need considering

    capacity, staff/resident ratio, physical plant and 
    program.


        (d) $1,000 per month for salaries for the remaining

    probation officer
positions engaged in basic services and 
    new or expanded services. All such
positions shall be 
    approved by the division in accordance with this Act and

    division standards.


        (e) 100% of the travel expenses in accordance with 
    Division standards
for all Probation positions approved 
    under
paragraph (b) of subsection 4
of this Section.


        (f) If the amount of funds reimbursed to the county 
    under paragraphs
(a) through (e) of subsection 4 of this 
    Section on an annual basis is less
than the amount the 
    county had received during the 12 month period
immediately 
    prior to the effective date of this amendatory Act of 1985,

    then the Division shall reimburse the amount of the 
    difference to the
county. The effect of paragraph (b) of 
    subsection 7 of this Section shall
be considered in 
    implementing this supplemental reimbursement provision.

    (5) The Division shall provide funds beginning on April 1, 
1987 for the
counties to provide Individualized Services and 
Programs as provided in
Section 16 of this Act.

    (6) A Probation and Court Services Department
in order to 
be eligible
for the reimbursement must submit to the Supreme 
Court an application
containing such information and in such a 
form and by such dates as the
Supreme Court may require. 
Departments to be eligible for funding must
satisfy the 
following conditions:


        (a) The Department shall have on file with the Supreme

    Court an annual Probation plan for continuing,
improved, 
    and
new Probation and Court Services Programs
approved by 
    the Supreme Court or its
designee. This plan shall indicate 
    the manner in which
Probation and Court
Services will be 
    delivered and improved, consistent with the minimum

    standards and regulations for Probation and Court

    Services, as established
by the Supreme Court. In counties 
    with more than one
Probation and Court
Services Department 
    eligible to receive funds, all Departments within that

    county must submit plans which are approved by the Supreme 
    Court.


        (b) The annual probation plan shall seek to
generally 
    improve the
quality of probation services and to reduce the

    commitment of adult and
juvenile offenders to the 
    Department of Corrections and shall require, when

    appropriate, coordination with the Department of 
    Corrections and the
Department of Children and Family 
    Services in the development and use of
community resources, 
    information systems, case review and permanency
planning 
    systems to avoid the duplication of services.


        (c) The Department shall be in compliance with 
    standards developed by the
Supreme Court for basic, new and 
    expanded services, training, personnel
hiring and 
    promotion.


        (d) The Department shall in its annual plan indicate 
    the manner in which
it will support the rights of crime 
    victims and in which manner it will
implement Article I, 
    Section 8.1 of the Illinois Constitution and in what
manner 
    it will coordinate crime victims' support services with 
    other criminal
justice agencies within its jurisdiction, 
    including but not limited to, the
State's Attorney, the 
    Sheriff and any municipal police department.

    (7) No statement shall be verified by the Supreme Court or 
its
designee or vouchered by the Comptroller unless each of the 
following
conditions have been met:


        (a) The probation officer is a full-time
employee 
    appointed by the Chief
Judge to provide probation services.


        (b) The probation officer, in order to be
eligible for 
    State
reimbursement, is receiving a salary of at least 
    $17,000 per year.


        (c) The probation officer is appointed or
was 
    reappointed in accordance
with minimum qualifications or 
    criteria established by the Supreme
Court; however, all 
    probation officers appointed
prior to January 1, 1978,

    shall be exempted from the minimum requirements 
    established by the Supreme
Court. Payments shall be made to 
    counties employing these exempted
probation officers as 
    long as they are employed
in the position held on the

    effective date of this amendatory Act of 1985.  Promotions 
    shall be
governed by minimum qualifications established by 
    the Supreme Court.


        (d) The Department has an established compensation 
    schedule approved by
the Supreme Court. The compensation 
    schedule shall include salary ranges
with necessary 
    increments to compensate each employee. The increments

    shall, within the salary ranges, be based on such factors 
    as bona fide
occupational qualifications, performance, and 
    length of service. Each
position in the Department shall be 
    placed on the compensation schedule
according to job duties 
    and responsibilities of such position. The policy
and 
    procedures of the compensation schedule shall be made 
    available to each
employee.

    (8) In order to obtain full reimbursement of all approved 
costs, each
Department must continue to employ at least the 
same number of
probation
officers and probation managers as 
were
authorized for employment for the
fiscal year which 
includes January 1, 1985. This number shall be designated
as 
the base amount of the Department. No positions approved by the 
Division
under paragraph (b) of subsection 4 will be included 
in the base amount.
In the event that the Department employs 
fewer
Probation officers and
Probation managers than the base 
amount for a
period of 90 days, funding
received by the 
Department under subsection 4 of this
Section may be reduced on 
a monthly basis by the amount of the current
salaries of any 
positions below the base amount.

    (9) Before the 15th day of each month, the treasurer of any 
county which
has a Probation and Court Services Department, or

the treasurer of the most
populous county, in the case of a 
Probation or
Court Services Department
funded by more than one 
county, shall submit an itemized statement of all
approved 
costs incurred in the delivery of Basic
Probation and Court

Services under this Act to the Supreme Court.
The treasurer may 
also submit an itemized statement of all approved costs

incurred in the delivery of new and expanded
Probation and 
Court Services
as well as Individualized Services and Programs. 
The Supreme Court or
its designee shall verify compliance with 
this Section and shall examine
and audit the monthly statement 
and, upon finding them to be correct, shall
forward them to the 
Comptroller for payment to the county treasurer. In the
case of 
payment to a treasurer of a county which is the most populous 
of
counties sharing the salary and expenses of a
Probation and 
Court Services
Department, the treasurer shall divide the money 
between the counties in a
manner that reflects each county's 
share of the cost incurred by the
Department.

    (10) The county treasurer must certify that funds received 
under this
Section shall be used solely to maintain and improve

Probation and Court
Services. The county or circuit shall 
remain in compliance with all
standards, policies and 
regulations established by the Supreme Court.
If at any time 
the Supreme Court determines that a county or circuit is not
in 
compliance, the Supreme Court shall immediately notify the 
Chief Judge,
county board chairman and the Director of Court 
Services Chief
Probation Officer. If after 90 days of written

notice the noncompliance
still exists, the Supreme Court shall 
be required to reduce the amount of
monthly reimbursement by 
10%. An additional 10% reduction of monthly
reimbursement shall 
occur for each consecutive month of noncompliance.
Except as 
provided in subsection 5 of Section 15, funding to counties 
shall
commence on April 1, 1986. Funds received under this Act 
shall be used to
provide for Probation Department expenses

including those required under
Section 13 of this Act.  For 
State fiscal years 2004, 2005, and 2006, and 2007 only, the 
Mandatory
Arbitration Fund may be used to provide for Probation 
Department expenses,
including those required under Section 13 
of this Act.

    (11) The respective counties shall be responsible for 
capital and space
costs, fringe benefits, clerical costs, 
equipment, telecommunications,
postage, commodities and 
printing.

    (12) For purposes of this Act only, probation officers 
shall be
considered
peace officers.  In the
exercise of their 
official duties, probation
officers, sheriffs, and police

officers may, anywhere within the State, arrest any probationer 
who is in
violation of any of the conditions of his or her 
probation, conditional
discharge, or supervision, and it shall 
be the
duty of the officer making the arrest to take the 
probationer
before the
Court having jurisdiction over the 
probationer for further order.

(Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839, 
eff. 7-30-04; 94-91, eff. 7-1-05.)

 
    (Text of Section after amendment by P.A. 94-696)

    Sec. 15. (1) The Supreme Court of Illinois may establish a 
Division of
Probation Services whose purpose shall be the 
development, establishment,
promulgation, and enforcement of 
uniform standards for probation services in
this State, and to 
otherwise carry out the intent of this Act.  The Division
may:


        (a) establish qualifications for chief probation 
    officers and other
probation and court services personnel 
    as to hiring, promotion, and training.


        (b) make available, on a timely basis, lists of those 
    applicants whose
qualifications meet the regulations 
    referred to herein, including on said
lists all candidates 
    found qualified.


        (c) establish a means of verifying the conditions for 
    reimbursement
under this Act and develop criteria for 
    approved costs for reimbursement.


        (d) develop standards and approve employee 
    compensation schedules for
probation and court services 
    departments.


        (e) employ sufficient personnel in the Division to 
    carry out the
functions of the Division.


        (f) establish a system of training and establish 
    standards for personnel
orientation and training.


        (g) develop standards for a system of record keeping 
    for cases and
programs, gather statistics, establish a 
    system of uniform forms, and
develop research for planning 
    of Probation
Services.


        (h) develop standards to assure adequate support 
    personnel, office
space, equipment and supplies, travel 
    expenses, and other essential items
necessary for 
    Probation and Court Services
Departments to carry out their

    duties.


        (i) review and approve annual plans submitted by

    Probation and Court
Services Departments.


        (j) monitor and evaluate all programs operated by

    Probation and Court
Services Departments, and may include 
    in the program evaluation criteria
such factors as the 
    percentage of Probation sentences for felons convicted
of 
    Probationable offenses.


        (k) seek the cooperation of local and State government 
    and private
agencies to improve the quality of probation 
    and
court services.


        (l) where appropriate, establish programs and 
    corresponding standards
designed to generally improve the 
    quality of
probation and court services
and reduce the rate 
    of adult or juvenile offenders committed to the
Department 
    of Corrections.


        (m) establish such other standards and regulations and 
    do all acts
necessary to carry out the intent and purposes 
    of this Act.

    The Division shall establish a model list of structured 
intermediate
sanctions that may be imposed by a probation 
agency for violations of terms and
conditions of a sentence of 
probation, conditional discharge, or supervision.

    The State of Illinois shall provide for the costs of 
personnel, travel,
equipment, telecommunications, postage, 
commodities, printing, space,
contractual services and other 
related costs necessary to carry out the
intent of this Act.

    (2) (a) The chief judge of each circuit shall provide

full-time probation services for all counties
within the 
circuit, in a
manner consistent with the annual probation plan,

the standards, policies,
and regulations established by the 
Supreme Court. A
probation district of
two or more counties 
within a circuit may be created for the purposes of
providing 
full-time probation services. Every
county or group of
counties 
within a circuit shall maintain a
probation department which 
shall
be under the authority of the Chief Judge of the circuit 
or some other
judge designated by the Chief Judge. The Chief 
Judge, through the
Probation and Court Services Department 
shall
submit annual plans to the
Division for probation and 
related services.

    (b) The Chief Judge of each circuit shall appoint the Chief

Probation
Officer and all other probation officers for his
or 
her circuit from lists
of qualified applicants supplied by the 
Supreme Court. Candidates for chief
managing officer and other 
probation officer
positions must apply with both
the Chief 
Judge of the circuit and the Supreme Court.

    (3) A Probation and Court Service Department
shall apply to 
the
Supreme Court for funds for basic services, and may apply 
for funds for new
and expanded programs or Individualized 
Services and Programs. Costs shall
be reimbursed monthly based 
on a plan and budget approved by the Supreme
Court. No 
Department may be reimbursed for costs which exceed or are not

provided for in the approved annual plan and budget. After the 
effective
date of this amendatory Act of 1985, each county must 
provide basic
services in accordance with the annual plan and 
standards created by the
division. No department may receive 
funds for new or expanded programs or
individualized services 
and programs unless they are in compliance with
standards as 
enumerated in paragraph (h) of subsection (1) of this Section,

the annual plan, and standards for basic services.

    (4) The Division shall reimburse the county or counties for

probation
services as follows:


        (a) 100% of the salary of all chief managing officers 
    designated as such
by the Chief Judge and the division.


        (b) 100% of the salary for all probation
officer and 
    supervisor
positions approved for reimbursement by the 
    division after April 1, 1984,
to meet workload standards 
    and to implement intensive sanction and
probation

    supervision
programs and other basic services as defined in 
    this Act.


        (c) 100% of the salary for all secure detention 
    personnel and non-secure
group home personnel approved for 
    reimbursement after December 1, 1990.
For all such 
    positions approved for reimbursement
before
December 1, 
    1990, the counties shall be reimbursed $1,250 per month 
    beginning
July 1, 1995, and an additional $250 per month 
    beginning each July 1st
thereafter until the positions 
    receive 100% salary reimbursement.
Allocation of such 
    positions will be based on comparative need considering

    capacity, staff/resident ratio, physical plant and 
    program.


        (d) $1,000 per month for salaries for the remaining

    probation officer
positions engaged in basic services and 
    new or expanded services. All such
positions shall be 
    approved by the division in accordance with this Act and

    division standards.


        (e) 100% of the travel expenses in accordance with 
    Division standards
for all Probation positions approved 
    under
paragraph (b) of subsection 4
of this Section.


        (f) If the amount of funds reimbursed to the county 
    under paragraphs
(a) through (e) of subsection 4 of this 
    Section on an annual basis is less
than the amount the 
    county had received during the 12 month period
immediately 
    prior to the effective date of this amendatory Act of 1985,

    then the Division shall reimburse the amount of the 
    difference to the
county. The effect of paragraph (b) of 
    subsection 7 of this Section shall
be considered in 
    implementing this supplemental reimbursement provision.

    (5) The Division shall provide funds beginning on April 1, 
1987 for the
counties to provide Individualized Services and 
Programs as provided in
Section 16 of this Act.

    (6) A Probation and Court Services Department
in order to 
be eligible
for the reimbursement must submit to the Supreme 
Court an application
containing such information and in such a 
form and by such dates as the
Supreme Court may require. 
Departments to be eligible for funding must
satisfy the 
following conditions:


        (a) The Department shall have on file with the Supreme

    Court an annual Probation plan for continuing,
improved, 
    and
new Probation and Court Services Programs
approved by 
    the Supreme Court or its
designee. This plan shall indicate 
    the manner in which
Probation and Court
Services will be 
    delivered and improved, consistent with the minimum

    standards and regulations for Probation and Court

    Services, as established
by the Supreme Court. In counties 
    with more than one
Probation and Court
Services Department 
    eligible to receive funds, all Departments within that

    county must submit plans which are approved by the Supreme 
    Court.


        (b) The annual probation plan shall seek to
generally 
    improve the
quality of probation services and to reduce the

    commitment of adult offenders to the Department of 
    Corrections and to reduce the
commitment of juvenile 
    offenders to the Department of Juvenile Justice and shall 
    require, when
appropriate, coordination with the 
    Department of Corrections, the Department of Juvenile 
    Justice, and the
Department of Children and Family Services 
    in the development and use of
community resources, 
    information systems, case review and permanency
planning 
    systems to avoid the duplication of services.


        (c) The Department shall be in compliance with 
    standards developed by the
Supreme Court for basic, new and 
    expanded services, training, personnel
hiring and 
    promotion.


        (d) The Department shall in its annual plan indicate 
    the manner in which
it will support the rights of crime 
    victims and in which manner it will
implement Article I, 
    Section 8.1 of the Illinois Constitution and in what
manner 
    it will coordinate crime victims' support services with 
    other criminal
justice agencies within its jurisdiction, 
    including but not limited to, the
State's Attorney, the 
    Sheriff and any municipal police department.

    (7) No statement shall be verified by the Supreme Court or 
its
designee or vouchered by the Comptroller unless each of the 
following
conditions have been met:


        (a) The probation officer is a full-time
employee 
    appointed by the Chief
Judge to provide probation services.


        (b) The probation officer, in order to be
eligible for 
    State
reimbursement, is receiving a salary of at least 
    $17,000 per year.


        (c) The probation officer is appointed or
was 
    reappointed in accordance
with minimum qualifications or 
    criteria established by the Supreme
Court; however, all 
    probation officers appointed
prior to January 1, 1978,

    shall be exempted from the minimum requirements 
    established by the Supreme
Court. Payments shall be made to 
    counties employing these exempted
probation officers as 
    long as they are employed
in the position held on the

    effective date of this amendatory Act of 1985.  Promotions 
    shall be
governed by minimum qualifications established by 
    the Supreme Court.


        (d) The Department has an established compensation 
    schedule approved by
the Supreme Court. The compensation 
    schedule shall include salary ranges
with necessary 
    increments to compensate each employee. The increments

    shall, within the salary ranges, be based on such factors 
    as bona fide
occupational qualifications, performance, and 
    length of service. Each
position in the Department shall be 
    placed on the compensation schedule
according to job duties 
    and responsibilities of such position. The policy
and 
    procedures of the compensation schedule shall be made 
    available to each
employee.

    (8) In order to obtain full reimbursement of all approved 
costs, each
Department must continue to employ at least the 
same number of
probation
officers and probation managers as 
were
authorized for employment for the
fiscal year which 
includes January 1, 1985. This number shall be designated
as 
the base amount of the Department. No positions approved by the 
Division
under paragraph (b) of subsection 4 will be included 
in the base amount.
In the event that the Department employs 
fewer
Probation officers and
Probation managers than the base 
amount for a
period of 90 days, funding
received by the 
Department under subsection 4 of this
Section may be reduced on 
a monthly basis by the amount of the current
salaries of any 
positions below the base amount.

    (9) Before the 15th day of each month, the treasurer of any 
county which
has a Probation and Court Services Department, or

the treasurer of the most
populous county, in the case of a 
Probation or
Court Services Department
funded by more than one 
county, shall submit an itemized statement of all
approved 
costs incurred in the delivery of Basic
Probation and Court

Services under this Act to the Supreme Court.
The treasurer may 
also submit an itemized statement of all approved costs

incurred in the delivery of new and expanded
Probation and 
Court Services
as well as Individualized Services and Programs. 
The Supreme Court or
its designee shall verify compliance with 
this Section and shall examine
and audit the monthly statement 
and, upon finding them to be correct, shall
forward them to the 
Comptroller for payment to the county treasurer. In the
case of 
payment to a treasurer of a county which is the most populous 
of
counties sharing the salary and expenses of a
Probation and 
Court Services
Department, the treasurer shall divide the money 
between the counties in a
manner that reflects each county's 
share of the cost incurred by the
Department.

    (10) The county treasurer must certify that funds received 
under this
Section shall be used solely to maintain and improve

Probation and Court
Services. The county or circuit shall 
remain in compliance with all
standards, policies and 
regulations established by the Supreme Court.
If at any time 
the Supreme Court determines that a county or circuit is not
in 
compliance, the Supreme Court shall immediately notify the 
Chief Judge,
county board chairman and the Director of Court 
Services Chief
Probation Officer. If after 90 days of written

notice the noncompliance
still exists, the Supreme Court shall 
be required to reduce the amount of
monthly reimbursement by 
10%. An additional 10% reduction of monthly
reimbursement shall 
occur for each consecutive month of noncompliance.
Except as 
provided in subsection 5 of Section 15, funding to counties 
shall
commence on April 1, 1986. Funds received under this Act 
shall be used to
provide for Probation Department expenses

including those required under
Section 13 of this Act.  For 
State fiscal years 2004, 2005, and 2006, and 2007 only, the 
Mandatory
Arbitration Fund may be used to provide for Probation 
Department expenses,
including those required under Section 13 
of this Act.

    (11) The respective counties shall be responsible for 
capital and space
costs, fringe benefits, clerical costs, 
equipment, telecommunications,
postage, commodities and 
printing.

    (12) For purposes of this Act only, probation officers 
shall be
considered
peace officers.  In the
exercise of their 
official duties, probation
officers, sheriffs, and police

officers may, anywhere within the State, arrest any probationer 
who is in
violation of any of the conditions of his or her 
probation, conditional
discharge, or supervision, and it shall 
be the
duty of the officer making the arrest to take the 
probationer
before the
Court having jurisdiction over the 
probationer for further order.

(Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839, 
eff. 7-30-04; 94-91, eff. 7-1-05; 94-696, eff. 6-1-06.)

 
    (730 ILCS 110/15.1)  (from Ch. 38, par. 204-7.1)
    Sec. 15.1. Probation and Court Services Fund.

    (a) The county treasurer in each county shall establish a

probation and court services fund consisting of fees collected 
pursuant to
subsection (i) of Section 5-6-3 and subsection (i) 
of Section 5-6-3.1
of the Unified Code of Corrections, 
subsection (10) of Section 5-615
and
subsection (5) of Section 
5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of 
subsection (b) of Section 110-10 of the Code of Criminal

Procedure of 1963.
 The
county treasurer shall disburse monies 
from the fund only at the direction
of the chief judge of the 
circuit court in such circuit where the county is
located.  The 
county treasurer of each county shall, on or before January
10 
of each year, submit an annual report to the Supreme Court.


    (b) Monies in the probation and court services fund shall 
be
appropriated by the county board to be used within the 
county or
jurisdiction where
collected in accordance
with 
policies and guidelines approved by the Supreme Court for the 
costs
of operating the probation and court services department 
or departments;
however, except as provided in subparagraph 
(g), monies
in the probation and court services fund shall not 
be used for the payment
of salaries of probation and court 
services personnel.


    (c) Monies expended from the probation and court services 
fund shall
be used to supplement, not supplant, county 
appropriations for probation
and court services.


    (d) Interest earned on monies deposited in a probation and 
court
services fund may be used by the county for its ordinary 
and contingent
expenditures.


    (e) The county board may appropriate moneys from the 
probation and court
services fund, upon the direction of the 
chief judge, to support programs that
are part of the continuum 
of juvenile delinquency intervention programs which
are or may 
be developed within the county.  The grants from the probation 
and
court services fund shall be for no more than one year and 
may be used for any
expenses attributable to the program 
including administration and oversight of
the program by the 
probation department.


    (f) The county board may appropriate moneys from the 
probation and court
services fund, upon the direction of the 
chief judge, to support practices
endorsed or required under 
the Sex Offender Management Board Act, including but
not 
limited to sex offender evaluation, treatment, and monitoring 
programs that
are or may be developed within the county.


    (g) For the State Fiscal Years 2005,
and 2006, and 2007

only, the Administrative Office of the Illinois Courts may 
permit a county or circuit to use its probation and court 
services fund for the payment of salaries of probation officers 
and other court services personnel whose salaries are 
reimbursed under this Act if the State's FY2005,
or FY2006, or 
FY2007 appropriation to the Supreme Court for reimbursement to 
counties for probation salaries and services is less than the 
amount appropriated to the Supreme Court for these
purposes for 
State Fiscal Year 2004. The Administrative Office of the 
Illinois Courts shall take into account each county's or 
circuit's probation fee collections and expenditures when 
apportioning the total reimbursement for each county or 
circuit.

(Source: P.A. 93-616, eff. 1-1-04; 93-839, eff. 7-30-04; 94-91, 
eff. 7-1-05.)

 
    Section 5-100. The Code of Civil Procedure is amended  by 
changing Section 2-1009A as follows:
 



    (735 ILCS 5/2-1009A)  (from Ch. 110, par. 2-1009A)


    Sec. 2-1009A. Filing Fees. In each county authorized by the 
Supreme
Court to utilize mandatory arbitration, the clerk of 
the
circuit court shall charge and collect, in addition to any 
other fees, an
arbitration fee of $8, except in counties with 
3,000,000 or more inhabitants
the fee shall be $10, at the time 
of filing the first pleading, paper
or
other appearance filed 
by each party in all civil cases, but no additional
fee shall 
be required if more than one party is represented in a single

pleading, paper or other appearance.  Arbitration fees received 
by the
clerk of the circuit court pursuant to this Section 
shall be remitted within
one month after receipt to the State 
Treasurer for deposit into the
Mandatory Arbitration Fund, a 
special fund in the State treasury for the
purpose of funding 
mandatory arbitration programs and such other alternative

dispute resolution programs as may be authorized by circuit 
court rule for
operation in counties that have implemented 
mandatory arbitration, with a
separate account
being 
maintained for each county.
Notwithstanding any other 
provision of this Section to the contrary, and for
State fiscal

years 2004, 2005, and 2006, and 2007 only, the Mandatory 
Arbitration Fund may be used
for any
other purpose authorized 
by the Supreme Court.

(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, 
eff. 7-1-05.)


 
    Section 5-110. The Workers' Compensation Act is amended by 
changing Section 4 as follows:
 



    (820 ILCS 305/4)  (from Ch. 48, par. 138.4)


    Sec. 4. (a) Any employer, including but not limited to 
general contractors
and their subcontractors, who shall come 
within the provisions of
Section 3 of this Act, and any other 
employer who shall elect to provide
and pay the compensation 
provided for in this Act shall:


        (1) File with the Commission annually an application 
    for approval as a
self-insurer which shall include a 
    current financial statement, and
annually, thereafter, an 
    application for renewal of self-insurance, which
shall 
    include a current financial statement.  Said
application 
    and financial statement shall be signed and sworn to by the

    president or vice president and secretary or assistant 
    secretary of the
employer if it be a corporation, or by all 
    of the partners, if it be a
copartnership, or by the owner 
    if it be neither a copartnership nor a
corporation. All 
    initial applications and all applications for renewal of

    self-insurance must be submitted at least 60 days prior to 
    the requested
effective date of self-insurance.  An 
    employer may elect to provide and pay
compensation as 
    provided
for in this Act as a member of a group workers' 
    compensation pool under Article
V 3/4 of the Illinois 
    Insurance Code.  If an employer becomes a member of a
group 
    workers' compensation pool, the employer shall not be 
    relieved of any
obligations imposed by this Act.


        If the sworn application and financial statement of any 
    such employer
does not satisfy the Commission of the 
    financial ability of the employer
who has filed it, the 
    Commission shall require such employer to,


        (2) Furnish security, indemnity or a bond guaranteeing 
    the payment
by the employer of the compensation provided 
    for in this Act, provided
that any such employer whose 
    application and financial statement shall
not have 
    satisfied the commission of his or her financial ability 
    and
who shall have secured his liability in part by excess 
    liability insurance
shall be required to furnish to the 
    Commission security, indemnity or bond
guaranteeing his or 
    her payment up to the effective limits of the excess

    coverage, or


        (3) Insure his entire liability to pay such 
    compensation in some
insurance carrier authorized, 
    licensed, or permitted to do such
insurance business in 
    this State.  Every policy of an insurance carrier,
insuring 
    the payment of compensation under this Act shall cover all 
    the
employees and the entire compensation liability of the 
    insured:
Provided, however, that any employer may insure 
    his or her compensation
liability with 2 or more insurance 
    carriers or may insure a part and
qualify under subsection 
    1, 2, or 4 for the remainder of his or her
liability to pay 
    such compensation, subject to the following two 
    provisions:


            Firstly, the entire compensation liability of the 
        employer to
employees working at or from one location 
        shall be insured in one such
insurance carrier or shall 
        be self-insured, and


            Secondly, the employer shall submit evidence 
        satisfactorily to the
Commission that his or her entire 
        liability for the compensation provided
for in this Act 
        will be secured.  Any provisions in any policy, or in 
        any
endorsement attached thereto, attempting to limit 
        or modify in any way,
the liability of the insurance 
        carriers issuing the same except as
otherwise provided 
        herein shall be wholly void.


        Nothing herein contained shall apply to policies of 
    excess liability
carriage secured by employers who have 
    been approved by the Commission
as self-insurers, or


        (4) Make some other provision, satisfactory to the 
    Commission, for
the securing of the payment of compensation 
    provided for in this Act,
and


        (5) Upon becoming subject to this Act and thereafter as 
    often as the
Commission may in writing demand, file with 
    the Commission in form prescribed
by it evidence of his or 
    her compliance with the provision of this Section.

    (a-1) Regardless of its state of domicile or its principal 
place of
business, an employer shall make payments to its 
insurance carrier or group
self-insurance fund, where 
applicable, based upon the premium rates of the
situs where the 
work or project is located in Illinois if:


        (A) the employer is engaged primarily in the building 
    and
construction industry; and


        (B) subdivision (a)(3) of this Section applies to the 
    employer or
the employer is a member of a group 
    self-insurance plan as defined in
subsection (1) of Section 
    4a.

    The Illinois Workers' Compensation Commission shall impose 
a penalty upon an employer
for violation of this subsection 
(a-1) if:


        (i) the employer is given an opportunity at a hearing 
    to present
evidence of its compliance with this subsection 
    (a-1); and


        (ii) after the hearing, the Commission finds that the 
    employer
failed to make payments upon the premium rates of 
    the situs where the work or
project is located in Illinois.

    The penalty shall not exceed $1,000 for each day of work 
for which
the employer failed to make payments upon the premium 
rates of the situs where
the
work or project is located in 
Illinois, but the total penalty shall not exceed
$50,000 for 
each project or each contract under which the work was

performed.

    Any penalty under this subsection (a-1) must be imposed not 
later
than one year after the expiration of the applicable 
limitation period
specified in subsection (d) of Section 6 of 
this Act.  Penalties imposed under
this subsection (a-1) shall 
be deposited into the Illinois Workers' Compensation 
Commission
Operations Fund, a special fund that is created in 
the State treasury.  Subject
to appropriation, moneys in the 
Fund shall be used solely for the operations
of the Illinois 
Workers' Compensation Commission and by the Department of 
Financial and Professional Regulation for the purposes 
authorized in subsection (c) of Section 25.5 of this Act.

    (b) The sworn application and financial statement, or 
security,
indemnity or bond, or amount of insurance, or other 
provisions, filed,
furnished, carried, or made by the employer, 
as the case may be, shall
be subject to the approval of the 
Commission.

    Deposits under escrow agreements shall be cash, negotiable 
United
States government bonds or negotiable general 
obligation bonds of the
State of Illinois.  Such cash or bonds 
shall be deposited in
escrow with any State or National Bank or 
Trust Company having trust
authority in the State of Illinois.

    Upon the approval of the sworn application and financial 
statement,
security, indemnity or bond or amount of insurance, 
filed, furnished or
carried, as the case may be, the Commission 
shall send to the employer
written notice of its approval 
thereof.  The certificate of compliance
by the employer with the 
provisions of subparagraphs (2) and (3) of
paragraph (a) of 
this Section shall be delivered by the insurance
carrier to the 
Illinois Workers' Compensation Commission within five days 
after the
effective date of the policy so certified.  The 
insurance so certified
shall cover all compensation liability 
occurring during the time that
the insurance is in effect and 
no further certificate need be filed in case
such insurance is 
renewed, extended or otherwise continued by such
carrier.  The 
insurance so certified shall not be cancelled or in the
event 
that such insurance is not renewed, extended or otherwise

continued, such insurance shall not be terminated until at 
least 10
days after receipt by the Illinois Workers' 
Compensation Commission of notice of the
cancellation or 
termination of said insurance; provided, however, that
if the 
employer has secured insurance from another insurance carrier, 
or
has otherwise secured the payment of compensation in 
accordance with
this Section, and such insurance or other 
security becomes effective
prior to the expiration of the 10 
days, cancellation or termination may, at
the option of the 
insurance carrier indicated in such notice, be effective
as of 
the effective date of such other insurance or security.

    (c) Whenever the Commission shall find that any 
corporation,
company, association, aggregation of individuals, 
reciprocal or
interinsurers exchange, or other insurer 
effecting workers' compensation
insurance in this State shall 
be insolvent, financially unsound, or
unable to fully meet all 
payments and liabilities assumed or to be
assumed for 
compensation insurance in this State, or shall practice a

policy of delay or unfairness toward employees in the 
adjustment,
settlement, or payment of benefits due such 
employees, the Commission
may after reasonable notice and 
hearing order and direct that such
corporation, company, 
association, aggregation of individuals,
reciprocal or 
interinsurers exchange, or insurer, shall from and after a
date 
fixed in such order discontinue the writing of any such 
workers'
compensation insurance in this State.  Subject to such 
modification of
the order as the Commission may later make on 
review of the order,
as herein provided, it shall thereupon be 
unlawful for any such
corporation, company, association, 
aggregation of individuals,
reciprocal or interinsurers 
exchange, or insurer to effect any workers'
compensation 
insurance in this State.  A copy of the order shall be served

upon the Director of Insurance by registered mail.  Whenever the 
Commission
finds that any service or adjustment company used or 
employed
by a self-insured employer or by an insurance carrier 
to process,
adjust, investigate, compromise or otherwise 
handle claims under this
Act, has practiced or is practicing a 
policy of delay or unfairness
toward employees in the 
adjustment, settlement or payment of benefits
due such 
employees, the Commission may after reasonable notice and

hearing order and direct that such service or adjustment 
company shall
from and after a date fixed in such order be 
prohibited from processing,
adjusting, investigating, 
compromising or otherwise handling claims
under this Act.

    Whenever the Commission finds that any self-insured 
employer has
practiced or is practicing delay or unfairness 
toward employees in the
adjustment, settlement or payment of 
benefits due such employees, the
Commission may, after 
reasonable notice and hearing, order and direct
that after a 
date fixed in the order such self-insured employer shall be

disqualified to operate as a self-insurer and shall be required 
to
insure his entire liability to pay compensation in some 
insurance
carrier authorized, licensed and permitted to do such 
insurance business
in this State, as provided in subparagraph 3 
of paragraph (a) of this
Section.

    All orders made by the Commission under this Section shall 
be subject
to review by the courts, said review to be taken in 
the same manner and
within the same time as provided by Section 
19 of this Act for review of
awards and decisions of the 
Commission, upon the party seeking the
review filing with the 
clerk of the court to which said review is taken
a bond in an 
amount to be fixed and approved by the court to which the

review is taken, conditioned upon the payment of all 
compensation awarded
against the person taking said review 
pending a decision thereof and
further conditioned upon such 
other obligations as the court may impose.
Upon the review the 
Circuit Court shall have power to review all questions
of fact 
as well as of law.  The penalty hereinafter provided for in this

paragraph shall not attach and shall not begin to run until the 
final
determination of the order of the Commission.

    (d) Whenever a panel of 3 Commissioners comprised of one 
member of the employing class, one member of the employee 
class, and one member not identified with either the employing 
or employee class, with due process and after a hearing, 
determines an employer has knowingly failed to provide coverage 
as required by paragraph (a) of this Section, the failure shall 
be deemed an immediate serious danger to public health, safety, 
and welfare sufficient to justify service by the Commission of 
a work-stop order on such employer, requiring the cessation of 
all business operations of such employer at the place of 
employment or job site. Any law enforcement agency in the State 
shall, at the request of the Commission, render any assistance 
necessary to carry out the provisions of this Section, 
including, but not limited to, preventing any employee of such 
employer from remaining at a place of employment or job site 
after a work-stop order has taken effect.  Any work-stop order 
shall be lifted upon proof of insurance as required by this 
Act. Any orders under this Section are appealable under Section 
19(f) to the Circuit Court.

    Any individual employer, corporate officer or director of a 
corporate employer, partner of an employer partnership, or 
member of an employer limited liability company who knowingly 
fails to provide coverage as required by paragraph (a) of this 
Section is guilty of a Class 4 felony.  This provision shall not 
apply to any corporate officer or director of any 
publicly-owned corporation. Each day's violation constitutes a 
separate offense.  The State's Attorney of the county in which 
the violation occurred, or the Attorney General, shall bring 
such actions in the name of the People of the State of 
Illinois, or may, in addition to other remedies provided in 
this Section, bring an action for an injunction to restrain the 
violation or to enjoin the operation of any such employer.

    Any individual employer, corporate officer or director of a 
corporate employer, partner of an employer partnership, or 
member of an employer limited liability company who negligently 
fails to provide coverage as required by paragraph (a) of this 
Section is guilty of a Class A misdemeanor.  This provision 
shall not apply to any corporate officer or director of any 
publicly-owned corporation. Each day's violation constitutes a 
separate offense.  The State's Attorney of the county in which 
the violation occurred, or the Attorney General, shall bring 
such actions in the name of the People of the State of 
Illinois.

    The criminal penalties in this subsection (d) shall not 
apply where

there exists a good faith dispute as to the 
existence of an
employment relationship. Evidence of good faith 
shall
include, but not be limited to, compliance with the 
definition
of employee as used by the Internal Revenue Service.

    Employers who are subject to and who knowingly fail to 
comply with this Section shall not be entitled to the benefits 
of this Act during the period of noncompliance, but shall be 
liable in an action under any other applicable law of this 
State.  In the action, such employer shall not avail himself or 
herself of the defenses of assumption of risk or negligence or 
that the injury was due to a co-employee.  In the action, proof 
of the injury shall constitute prima facie evidence of 
negligence on the part of such employer and the burden shall be 
on such employer to show freedom of negligence resulting in the 
injury.  The employer shall not join any other defendant in any 
such civil action.  Nothing in this amendatory Act of the 94th 
General Assembly shall affect the employee's rights under 
subdivision (a)3 of Section 1 of this Act. Any employer or 
carrier who makes payments under subdivision (a)3 of Section 1 
of this Act shall have a right of reimbursement from the 
proceeds of any recovery under this Section.

    An employee of an uninsured employer, or the employee's 
dependents in case death ensued, may, instead of proceeding 
against the employer in a civil action in court, file an 
application for adjustment of claim with the Commission in 
accordance with the provisions of this Act and the Commission 
shall hear and determine the application for adjustment of 
claim in the manner in which other claims are heard and 
determined before the Commission.

    All proceedings under this subsection (d) shall be reported 
on an annual basis to the Workers' Compensation Advisory Board.

    Upon a finding by the Commission, after reasonable notice 
and
hearing, of the knowing and wilful failure or refusal of an 
employer to
comply with
any of the provisions of paragraph (a) 
of this Section or the failure or
refusal of an employer, 
service or adjustment company, or an insurance
carrier to 
comply with any order of the Illinois Workers' Compensation 
Commission pursuant to
paragraph (c) of this Section 
disqualifying him or her to operate as a self
insurer and 
requiring him or her to insure his or her liability, the

Commission may assess a civil penalty of up to $500 per day for 
each day of
such failure or refusal after the effective date of 
this amendatory Act of
1989. The minimum penalty under this 
Section shall be the sum of $10,000.
Each day of such failure 
or refusal shall constitute a separate offense.
The Commission 
may assess the civil penalty personally and individually

against the corporate officers and directors of a corporate 
employer, the
partners of an employer partnership, and the 
members of an employer limited
liability company, after a 
finding of a knowing and willful refusal or failure
of each 
such named corporate officer, director, partner, or member to 
comply
with this Section.  The liability for the assessed 
penalty shall be
against the named employer first, and
if the 
named employer fails or refuses to pay the penalty to the

Commission within 30 days after the final order of the 
Commission, then the
named
corporate officers, directors, 
partners, or members who have been found to have
knowingly and 
willfully refused or failed to comply with this Section shall 
be
liable for the unpaid penalty or any unpaid portion of the 
penalty.  Upon investigation by the insurance non-compliance 
unit of the Commission, the Attorney General shall have the 
authority to prosecute all proceedings to enforce the civil and 
administrative provisions of this Section before the 
Commission.  The Commission shall promulgate procedural rules 
for enforcing this Section.



    Upon the failure or refusal of any employer, service or 
adjustment
company or insurance carrier to comply with the 
provisions of this Section
and with the orders of the 
Commission under this Section, or the order of
the court on 
review after final adjudication, the Commission may bring a

civil action to recover the amount of the penalty in Cook 
County or in
Sangamon County in which litigation the Commission 
shall be represented by
the Attorney General.  The Commission 
shall send notice of its finding of
non-compliance and 
assessment of the civil penalty to the Attorney General.
It 
shall be the duty of the Attorney General within 30 days after 
receipt
of the notice, to institute prosecutions and promptly 
prosecute all
reported violations of this Section.

    Any individual employer, corporate officer or director of a 
corporate employer, partner of an employer partnership, or 
member of an employer limited liability company who, with the 
intent to avoid payment of compensation under this Act to an 
injured employee or the employee's dependents, knowingly 
transfers, sells, encumbers, assigns, or in any manner disposes 
of, conceals, secretes, or destroys any property belonging to 
the employer, officer, director, partner, or member is guilty 
of a Class 4 felony.

    Penalties and fines collected pursuant to this paragraph 
(d) shall be deposited upon receipt into a special fund which 
shall be designated the Injured Workers' Benefit Fund, of which 
the State Treasurer is ex-officio custodian, such special fund 
to be held and disbursed in accordance with this paragraph (d) 
for the purposes hereinafter stated in this paragraph (d), upon 
the final order of the Commission.  The Injured Workers' Benefit 
Fund shall be deposited the same as are State funds and any 
interest accruing thereon shall be added thereto every 6 
months.  The Injured Workers' Benefit Fund is subject to audit 
the same as State funds and accounts and is protected by the 
general bond given by the State Treasurer.  The Injured Workers' 
Benefit Fund is considered always appropriated for the purposes 
of disbursements as provided in this paragraph, and shall be 
paid out and disbursed as herein provided and shall not at any 
time be appropriated or diverted to any other use or purpose.  
Moneys in the Injured Workers' Benefit Fund shall be used only 
for payment of workers' compensation benefits for injured 
employees when the employer has failed to provide coverage as 
determined under this paragraph (d) and has failed to pay the 
benefits due to the injured employee.  The Commission shall have 
the right to obtain reimbursement from the employer for 
compensation obligations paid by the Injured Workers' Benefit 
Fund.  Any such amounts obtained shall be deposited by the 
Commission into the Injured Workers' Benefit Fund.  If an 
injured employee or his or her personal representative receives 
payment from the Injured Workers' Benefit Fund, the State of 
Illinois has the same rights under paragraph (b) of Section 5 
that the employer who failed to pay the benefits due to the 
injured employee would have had if the employer had paid those 
benefits, and any moneys recovered by the State as a result of 
the State's exercise of its rights under paragraph (b) of 
Section 5 shall be deposited into the Injured Workers' Benefit 
Fund.  The custodian of the Injured Workers' Benefit Fund shall 
be joined with the employer as a party respondent in the 
application for adjustment of claim. After July 1, 2006, the 
Commission shall make disbursements from the Fund once each 
year to each eligible claimant.  An eligible claimant is an 
injured worker who has within the previous fiscal year obtained 
a final award for benefits from the Commission against the 
employer and the Injured Workers' Benefit Fund and has notified 
the Commission within 90 days of receipt of such award.  Within 
a reasonable time after the end of each fiscal year, the 
Commission shall make a disbursement to each eligible claimant.  
At the time of disbursement, if there are insufficient moneys 
in the Fund to pay all claims, each eligible claimant shall 
receive a pro-rata share, as determined by the Commission, of 
the available moneys in the Fund for that year.  Payment from 
the Injured Workers' Benefit Fund to an eligible claimant 
pursuant to this provision shall discharge the obligations of 
the Injured Workers' Benefit Fund regarding the award entered 
by the Commission.

    (e) This Act shall not affect or disturb the continuance of 
any
existing insurance, mutual aid, benefit, or relief 
association or
department, whether maintained in whole or in 
part by the employer or
whether maintained by the employees, 
the payment of benefits of such
association or department being 
guaranteed by the employer or by some
person, firm or 
corporation for him or her: Provided, the employer contributes

to such association or department an amount not less than the 
full
compensation herein provided, exclusive of the cost of the 
maintenance
of such association or department and without any 
expense to the
employee.  This Act shall not prevent the 
organization and maintaining
under the insurance laws of this 
State of any benefit or insurance
company for the purpose of 
insuring against the compensation provided
for in this Act, the 
expense of which is maintained by the employer.
This Act shall 
not prevent the organization or maintaining under the
insurance 
laws of this State of any voluntary mutual aid, benefit or

relief association among employees for the payment of 
additional
accident or sick benefits.

    (f) No existing insurance, mutual aid, benefit or relief 
association
or department shall, by reason of anything herein 
contained, be
authorized to discontinue its operation without 
first discharging its
obligations to any and all persons 
carrying insurance in the same or
entitled to relief or 
benefits therein.

    (g) Any contract, oral, written or implied, of employment 
providing
for relief benefit, or insurance or any other device 
whereby the
employee is required to pay any premium or premiums 
for insurance
against the compensation provided for in this Act 
shall be null and
void.  Any employer withholding from the wages 
of any employee any
amount for the purpose of paying any such 
premium shall be guilty of a
Class B misdemeanor.

    In the event the employer does not pay the compensation for 
which he or
she is liable, then an insurance company, 
association or insurer which may
have insured such employer 
against such liability shall become primarily
liable to pay to 
the employee, his or her personal representative or
beneficiary 
the compensation required by the provisions of this Act to
be 
paid by such employer.  The insurance carrier may be made a 
party to
the proceedings in which the employer is a party and 
an award may be
entered jointly against the employer and the 
insurance carrier.

    (h) It shall be unlawful for any employer, insurance 
company or
service or adjustment company to interfere with, 
restrain or coerce an
employee in any manner whatsoever in the 
exercise of the rights or
remedies granted to him or her by 
this Act or to discriminate, attempt to
discriminate, or 
threaten to discriminate against an employee in any way
because 
of his or her exercise of the rights or remedies granted to
him 
or her by this Act.

    It shall be unlawful for any employer, individually or 
through any
insurance company or service or adjustment company, 
to discharge or to
threaten to discharge, or to refuse to 
rehire or recall to active
service in a suitable capacity an 
employee because of the exercise of
his or her rights or 
remedies granted to him or her by this Act.

    (i) If an employer elects to obtain a life insurance policy 
on his
employees, he may also elect to apply such benefits in 
satisfaction of all
or a portion of the death benefits payable 
under this Act, in which case,
the employer's compensation 
premium shall be reduced accordingly.

    (j) Within 45 days of receipt of an initial application or 
application
to renew self-insurance privileges the 
Self-Insurers Advisory Board shall
review and submit for 
approval by the Chairman of the Commission
recommendations of 
disposition of all initial applications to self-insure
and all 
applications to renew self-insurance privileges filed by 
private
self-insurers pursuant to the provisions of this 
Section and Section 4a-9
of this Act.  Each private self-insurer 
shall submit with its initial and
renewal applications the 
application fee required by Section 4a-4 of this Act.

    The Chairman of the Commission shall promptly act upon all 
initial
applications and applications for renewal in full 
accordance with the
recommendations of the Board or, should the 
Chairman disagree with any
recommendation of disposition of the 
Self-Insurer's Advisory Board, he
shall within 30 days of 
receipt of such recommendation provide to the Board
in writing 
the reasons supporting his decision.  The Chairman shall also

promptly notify the employer of his decision within 15 days of 
receipt of
the recommendation of the Board.

    If an employer is denied a renewal of self-insurance 
privileges pursuant
to application it shall retain said 
privilege for 120 days after receipt of
a notice of 
cancellation of the privilege from the Chairman of the 
Commission.

    All orders made by the Chairman under this Section shall be 
subject to
review by the courts, such review to be taken in the 
same manner and within
the same time as provided by subsection 
(f) of Section 19 of this Act for
review of awards and 
decisions of the Commission, upon the party seeking
the review 
filing with the clerk of the court to which such review is 
taken
a bond in an amount to be fixed and approved by the court 
to which the
review is taken, conditioned upon the payment of 
all compensation awarded
against the person taking such review 
pending a decision thereof and
further conditioned upon such 
other obligations as the court may impose.
Upon the review the 
Circuit Court shall have power to review all questions
of fact 
as well as of law.

(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05.)

 
ARTICLE 10.  STATE POLICE VEHICLES

 
    Section 10-5. If and only if Senate Bill 1089 of the 94th 
General Assembly becomes law in the form in which it appears in 
the engrossed bill, the State Finance Act is amended  by adding 
Section 5.664 as follows:
 
    (30 ILCS 105/5.664 new)

    Sec. 5.664. The State Police Vehicle Maintenance Fund.

 
    Section 10-10. If and only if Senate Bill 1089 of the 94th 
General Assembly becomes law in the form in which it appears in 
the engrossed bill, the State Property Control Act is amended 
by changing Section 7b and  by adding Section 7c as follows:
 



    (30 ILCS 605/7b)


    Sec. 7b. Maintenance and operation of State Police 
vehicles. All proceeds received by the Department
of Central 
Management Services under this Act from the sale of vehicles

operated
by the Department of State Police, except for a $500 
handling fee
to be
retained by the Department of Central 
Management Services for each vehicle
sold, shall be deposited

into the State Police Vehicle Maintenance Fund.
However, in 
lieu of the $500 handling fee as provided by this paragraph, 
the
Department of Central
Management Services shall retain all 
proceeds from the sale of any vehicle for
which $500 or a 
lesser amount is collected.

    The State Police Vehicle Maintenance Fund is created as a 
special fund in the
State treasury.  All moneys in the State 
Police Vehicle Maintenance Fund, subject to
appropriation, 
shall be used by the Department of State Police for the 
maintenance and operation
acquisition of vehicles for
that 
Department.

(Source: P.A. 89-54, eff. 6-30-95.)


 
    (30 ILCS 605/7c  new)
    Sec. 7c. Acquisition of State Police vehicles. The State 
Police Vehicle Fund is created as a special fund in the State 
treasury. The Fund shall consist of fees received pursuant to 
Section 16-104c of the Illinois Vehicle Code. All moneys in the 
Fund, subject to appropriation, shall be used by the Department 
of State Police:
        (1) for the acquisition of vehicles for that 
    Department; or
        (2) for debt service on bonds issued to finance the 
    acquisition of vehicles for that Department.
 
ARTICLE 15.  TRANSIT AUTHORITY PENSION FUNDING

 
    Section 15-5. The Illinois Pension Code is amended  by 
changing Section 22-101 and adding Section 22-103 as follows:
 



    (40 ILCS 5/22-101)  (from Ch. 108 1/2, par. 22-101)


    Sec. 22-101. Metropolitan Transit Authority (CTA) Pension 
Fund. 
    (a) There shall be established and maintained by the 
Authority created by
the "Metropolitan Transit Authority Act", 
approved April 12, 1945, as
amended, a financially sound 
pension and retirement system adequate to
provide for all 
payments when due under such established system or as
modified 
from time to time by ordinance of the Chicago Transit Board. 
For
this purpose, both the Board must make contributions to the 
established system as required under this Section and may make 
any additional contributions provided for by Board ordinance or 
collective bargaining agreement. The
and the participating 
employees shall make
such periodic payments to the established 
system as may be determined by
Board
such ordinance or 
collective bargaining agreement. The Board, in lieu of social 
security payments required to
be paid by private corporations 
engaged in similar activity, shall make
payments into such 
established system at least equal in amount to the
amount so 
required to be paid by such private corporations.
    Provisions
shall be made by the Board for all Board 
members, officers and employees of
the Authority appointed 
pursuant to the "Metropolitan Transit Authority
Act" to become, 
subject to reasonable rules and regulations, members or

beneficiaries of the pension or retirement system with uniform 
rights,
privileges, obligations and status as to the class in 
which such officers
and employees belong. The terms, conditions 
and provisions of any pension
or retirement system or of any 
amendment or modification thereof affecting
employees who are 
members of any labor organization may be established,
amended 
or modified by agreement with such labor organization, but must 
be consistent with the requirements of this Section.

    (b) Beginning January 1, 2009, the Authority shall make 
contributions to the retirement system in an amount which, 
together with the contributions of participants, interest 
earned on investments, and other income, will meet the cost of 
maintaining and administering the retirement plan in 
accordance with applicable actuarial recommendations and 
assumptions and the requirements of this Section.  These 
contributions may be paid on a payroll or other periodic basis,  
but shall in any case be paid at least monthly.
    For retirement system fiscal years 2009 through 2058, the 
minimum contribution to the retirement system to be made by the 
Authority for each fiscal year shall be an amount determined 
jointly by the Authority and the trustee of the retirement 
system to be sufficient to bring the total assets of the 
retirement system up to 90% of its total actuarial liabilities 
by the end of fiscal year 2058. In making these determinations, 
the required Authority contribution shall be calculated each 
year as a level percentage of payroll over the years remaining 
to and including fiscal year 2058 and shall be determined under 
the projected unit credit actuarial cost method. Beginning in 
retirement system fiscal year 2059, the minimum Authority 
contribution for each fiscal year shall be the amount needed to 
maintain the total assets of the retirement system at 90% of 
the total actuarial liabilities of the system.
    For purposes of determining employer contributions and 
actuarial liabilities under this subsection, contributions and 
liabilities relating to health care benefits shall not be 
included.  As used in this Section, "retirement system fiscal 
year" means the calendar year, or such other plan year as may 
be defined from time to time in the agreement known as the 
Retirement Plan for Chicago Transit Authority Employees, or its 
successor agreement.

    (c)  The Authority and the trustee shall jointly certify to 
the Governor,  the General Assembly, and the Board of the 
Regional Transportation Authority on or before November 15 of 
2008 and of each year thereafter the amount of the required 
Authority contributions to the retirement system for the next 
retirement system fiscal year under subsection (b). The 
certification shall include a copy of the actuarial 
recommendations upon which it is based.  In addition, copies of 
the certification shall be sent to the Commission on Government 
Forecasting and Accountability, the Mayor of Chicago, the 
Chicago City Council, and the Cook County Board.
    (d) The Authority shall take all actions lawfully available 
to it to separate the funding of health care benefits for 
retirees and their dependents and survivors from the funding 
for its retirement system.  The Authority shall endeavor to 
achieve this separation as soon as possible, and in any event 
no later than January 1, 2009.

    (e) This amendatory Act of the 94th General Assembly does 
not affect or impair the right of either the Authority or its 
employees to collectively bargain the amount or level of 
employee contributions to the retirement system.

(Source: Laws 1963, p. 161.)


 
    (40 ILCS 5/22-103 new)

    Sec. 22-103. Regional Transportation Authority and related 
pension plans.
    (a) As used in this Section:
    "Affected pension plan" means a defined-benefit pension 
plan supported in whole or in part by employer contributions 
and maintained by the Regional Transportation Authority, the 
Suburban Bus Division, or  the Commuter Rail Division, or any 
combination thereof, under the general authority of the 
Regional Transportation Authority Act, including but not 
limited to any such plan that has been established under or is 
subject to a collective bargaining agreement or is limited to 
employees covered by a collective bargaining agreement.  
"Affected pension plan" does not include any pension fund or 
retirement system subject to Section 22-101 of this Section.
    "Authority" means the Regional Transportation Authority 
created under
the Regional Transportation Authority Act.

    "Contributing employer" means an employer that is required 
to make contributions to an affected pension plan under the 
terms of that plan.
    "Funding ratio" means the ratio of an affected pension 
plan's assets to the present value of its actuarial 
liabilities, as determined  at its latest actuarial valuation in  
accordance with applicable actuarial assumptions and 
recommendations.

    "Under-funded pension plan" or "under-funded" means an 
affected pension plan that, at the time of  its last actuarial 
valuation, has a funding ratio of less than 90%.

    (b) The contributing employers of each affected pension 
plan  have a general duty to make the required employer 
contributions to the affected pension plan in a timely manner 
in accordance with the terms of the plan. A contributing 
employer  must make contributions to the affected pension plan 
as required under this subsection and, if applicable, 
subsection (c); a contributing employer may make any additional 
contributions provided for by the board of the employer or 
collective bargaining agreement.
    (c) In the case of  an affected pension plan that is  
under-funded on January 1, 2009 or becomes under-funded at any 
time after that date, the contributing employers shall 
contribute to the affected pension plan, in addition to all 
amounts otherwise required, amounts sufficient to bring the 
funding ratio of the affected pension plan up to 90% in 
accordance with an amortization schedule adopted jointly by the 
contributing employers and the trustee of the affected pension 
plan. The amortization schedule may extend for any  period up to 
a maximum of 50 years and shall provide for additional employer 
contributions in substantially equal annual amounts over the 
selected period.  If the contributing employers and the trustee 
of the affected pension plan do not agree on an appropriate 
period for the amortization schedule within 6 months of the 
date of determination that the plan is under-funded, then the 
amortization schedule shall be based on a period of 50 years.
    In the case of an affected pension plan that has more than 
one contributing employer, each contributing employer's share 
of the total additional employer contributions required  under 
this subsection shall be determined: (i) in proportion to the 
amounts, if any, by which  the respective contributing employers 
have failed to meet their contribution obligations under the 
terms of the affected pension plan; or (ii) if all of the 
contributing employers have met their contribution obligations 
under the terms of the affected pension plan, then in the same 
proportion as they are required to contribute under the terms 
of that plan. In the case of an affected pension plan that has 
only one contributing employer, that contributing employer is 
responsible for all of the additional employer contributions 
required  under this subsection.
    If an under-funded pension plan is determined to have 
achieved a funding ratio of at least 90% during the period when 
an amortization schedule is in force under this Section, the 
contributing employers and the trustee of the affected pension 
plan, acting jointly, may cancel the amortization schedule and 
the contributing employers may cease making additional 
contributions under this subsection for as long as the affected 
pension plan retains a funding ratio of at least 90%.

    (d) Beginning January 1, 2009, if  the Authority fails to 
pay to an affected pension fund within 30 days after it is due 
(i) any employer contribution  that it is required to make as a 
contributing employer, (ii) any additional employer 
contribution that it is required to pay under subsection (c), 
or (iii)  any payment that it is required to make under Section 
4.02a or 4.02b of the Regional Transportation Authority Act, 
the trustee of the affected pension fund shall promptly so 
notify the Commission on Government Forecasting and 
Accountability,  the Mayor of Chicago, the Governor, and the 
General Assembly.
    (e) For purposes of determining employer contributions, 
assets, and actuarial liabilities under this subsection, 
contributions, assets, and liabilities relating to health care 
benefits shall not be included.

    (f) This amendatory Act of the 94th General Assembly does 
not affect or impair the right of any contributing employer or 
its employees to collectively bargain the amount or level of 
employee contributions to an affected pension plan, to the 
extent that the plan includes employees subject to collective 
bargaining.

 
    Section 15-10. The Regional Transportation Authority Act 
is amended  by changing Section 4.02 and  by adding Sections 
4.02a and 4.02b as follows:
 



    (70 ILCS 3615/4.02)  (from Ch. 111 2/3, par. 704.02)



    Sec. 4.02. Federal, State and Other Funds. 
    (a) The Authority shall have the power to apply for, 
receive and expend
grants, loans or other funds from the State 
of Illinois or any department
or agency thereof, from any unit 
of local government, from the federal
government or any 
department or agency thereof,
for use in connection with any of 
the powers or purposes of the Authority
as set forth in this 
Act. The Authority shall have power to make such
studies as may 
be necessary and to enter into contracts or agreements with
the 
State of Illinois or any department or agency thereof, with any 
unit of
local government, or with the federal government or any 
department or
agency thereof, concerning such grants, loans or

other funds, or any conditions relating thereto, including 
obligations to
repay such funds. The Authority may make such 
covenants concerning such
grants, loans and funds as it deems 
proper and necessary in carrying out
its responsibilities, 
purposes and powers as provided in this Act.

    (b) The Authority shall be the primary public body in the 
metropolitan
region with authority to apply for and receive any 
grants, loans or other
funds relating to public transportation 
programs from the State of Illinois
or any department or agency 
thereof, or from the federal government or any
department or 
agency thereof. Any unit of local government, Service Board
or 
transportation agency may apply for and receive any such 
federal
or state capital grants, loans or other funds, 
provided, however that a
Service Board may not apply
for or 
receive any grant or loan which is not identified in the 
Five-Year Program.
Any Service Board, unit of local government 
or transportation agency
shall notify the Authority prior to 
making any such application and shall
file a copy thereof with 
the Authority. Nothing in this Section shall be
construed to 
impose any limitation on the ability of the State of Illinois

or any department or agency thereof, any unit of local 
government or Service
Board or
transportation agency to make 
any grants or to enter into any agreement or
contract with the 
National Rail Passenger Corporation. Nor shall anything
in this 
Section impose any limitation on the ability of any school 
district
to apply for or receive any grant, loan or other funds 
for transportation
of school children.

    (c) The Authority shall provide to the Service Board any 
monies received
relating to public transportation services 
under the jurisdiction of the
Service Boards as follows:

        (1) As soon as may be practicable after the Authority 
    receives payment,
under Section 4.03(m) or Section 
    4.03.1(d), of the proceeds of those taxes
levied by the 
    Authority,
the Authority shall transfer to each Service 
    Board the amount to which it
is entitled under Section 
    4.01(d);

        (2) The Authority by ordinance adopted by 9 of its then 
    Directors
shall establish a formula apportioning any 
    federal funds for operating assistance
purposes the 
    Authority receives to each Service Board.  In establishing 
    the
formula, the Board shall consider, among other factors: 
    ridership levels,
the efficiency with which the service is 
    provided, the degree of transit
dependence of the area 
    served and the cost of service.  That portion of
any federal 
    funds for operating assistance received by the Authority 
    shall
be paid to each Service Board as soon as may be 
    practicable upon their receipt
provided the Authority has 
    adopted a balanced budget as required by Section
4.01 and 
    further provided that the Service Boards are in compliance 
    with
the requirements in Section 4.11.

        (3) The Authority by ordinance adopted by 9 of its then 
    Directors shall
apportion to the Service Boards funds 
    provided by the State of Illinois
under Section 4.09 and 
    shall make payment of said funds to each Service
Board as 
    soon as may be practicable upon their receipt provided the 
    Authority
has adopted a balanced budget as required by 
    Section 4.01 and further provided
the Service Board is in 
    compliance with the requirements in Section 4.11.

        (4) Beginning January 1, 2009, before making any 
    payments, transfers, or expenditures under this subsection 
    to a Service Board, the Authority must first comply with 
    Section 4.02a or 4.02b of this Act, whichever may be 
    applicable.

(Source: P.A. 83-885; 83-886.)

 
    (70 ILCS 3615/4.02a  new)
    Sec. 4.02a. Chicago Transit Authority contributions to 
pension funds.

    (a) The Authority shall continually  review the Chicago 
Transit Authority's payment of the  required contributions to 
its retirement system under Section 22-101 of the Illinois 
Pension Code.

    (b) Beginning January 1, 2009, if at any time the Authority 
determines that the Chicago Transit Authority's payment of any 
portion of the  required contributions to its retirement system 
under Section 22-101 of the Illinois Pension Code is more than 
one month overdue, it shall as soon as possible pay the amount 
of those overdue contributions to the trustee of the retirement 
system on behalf of the Chicago Transit Authority out of moneys 
otherwise payable to the Chicago Transit Authority under 
subsection (c) of Section 4.02 of this Act. The Authority shall 
thereafter have no liability to the Chicago Transit Authority 
for amounts paid to the trustee of the retirement system under 
this Section.

    (c) Whenever the Authority acts or determines that it is 
required to act under subsection (b), it shall so notify the 
Chicago Transit Authority, the Mayor of Chicago, the Governor, 
and the General Assembly.

 
    (70 ILCS 3615/4.02b new)

    Sec. 4.02b. Other contributions to pension funds.
    (a) The Authority shall continually  review the payment of 
the  required employer contributions to affected pension plans 
under Section 22-103 of the Illinois Pension Code.

    (b) Beginning January 1, 2009, if at any time the Authority 
determines that the Commuter Rail Board's or Suburban Bus 
Board's payment of any portion of the  required contributions to 
an affected pension plan  under Section 22-103 of the Illinois 
Pension Code is more than one month overdue, it shall as soon 
as possible pay the amount of those overdue contributions to 
the trustee of the affected pension plan on behalf of that 
Service Board out of moneys otherwise payable to that  Service 
Board under subsection (c) of Section 4.02 of this Act. The 
Authority shall thereafter have no liability to the Service 
Board for amounts paid to the trustee of the affected pension 
plan under this Section.

    (c) Whenever the Authority acts or determines that it is 
required to act under subsection (b), it shall so notify the 
affected Service Board, the Mayor of Chicago, the Governor, and 
the General Assembly.

    (d) Beginning January 1, 2009, if  the Authority fails to 
pay to an affected pension fund within 30 days after it is due 
any employer contribution  that it is required to make as a 
contributing employer under Section 22-103 of the Illinois 
Pension Code, it shall promptly so notify the Commission on 
Government Forecasting and Accountability,  the Mayor of 
Chicago, the Governor, and the General Assembly, and it shall 
promptly pay the overdue amount out of the first money 
available to the Authority for its administrative expenses, as 
that term is defined in Section 4.01(c).
 
ARTICLE 99.  NO ACCELERATION; EFFECTIVE DATE

 
    Section 99-95. No acceleration or delay. Where this Act 
makes changes in a statute that is represented in this Act by 
text that is not yet or no longer in effect (for example, a 
Section represented by multiple versions), the use of that text 
does not accelerate or delay the taking effect of (i) the 
changes made by this Act or (ii) provisions derived from any 
other Public Act.
 

    Section 99-99. Effective date. This Act takes effect upon 
becoming law.