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Public Act 095-0744 |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
FY2009 Budget
Implementation Act.
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Section 5. Purpose. The purpose of this Act is to make the | ||||
changes
in State programs that are necessary to implement the | ||||
FY2009
budget.
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Section 10. The State Employees Group Insurance Act of 1971 | ||||
is amended by changing Section 13.1 as follows:
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(5 ILCS 375/13.1) (from Ch. 127, par. 533.1)
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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.
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(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
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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
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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.
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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.
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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
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Department development and administration of the program of | ||
health benefits
and other employee benefits.
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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
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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.
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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.
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The Department of Healthcare and Family Services, or any | ||
successor agency designated to procure healthcare contracts | ||
pursuant to this Act, is authorized to establish funds, | ||
separate accounts provided by any bank or banks as defined by | ||
the Illinois Banking Act, or separate accounts provided by any | ||
savings and loan association or associations as defined by the | ||
Illinois Savings and Loan Act of 1985 to be held by the | ||
Director, outside the State treasury, for the purpose of | ||
receiving the transfer of moneys from the Health Insurance | ||
Reserve Fund. The Department may promulgate rules further | ||
defining the methodology for the transfers. Any interest earned | ||
by monies in the funds or accounts shall inure to the Health | ||
Insurance Reserve Fund. The transferred moneys, and interest | ||
accrued thereon, shall be used exclusively for transfers to | ||
administrative service organizations or their financial | ||
institutions for payments of claims to claimants and providers | ||
under the self-insurance health plan. The transferred moneys, |
and interest accrued thereon, shall not be used for any other | ||
purpose including, but not limited to, reimbursement of | ||
administration fees due the administrative service | ||
organization pursuant to its contract or contracts with the | ||
Department.
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(c) 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.
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(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:
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(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
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development and administration of such programs;
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(2) the payment of administrative expenses incurred by | ||
the Administrative
Service Organization;
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(3) the payment of health benefits;
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(3.5) the payment of medical expenses incurred by the | ||
Department for the treatment of employees who suffer | ||
accidental injury or death within the scope of their | ||
employment;
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(4) refunds to employees for erroneous payments of | ||
their selected
dependent coverage;
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(5) payment of premium for stop-loss or re-insurance;
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(6) payment of premium to health maintenance | ||
organizations pursuant to
Section 6.1 of this Act;
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(7) payment of adoption program benefits; and
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(8) payment of other benefits offered to members and | ||
dependents under
this Act.
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(Source: P.A. 94-839, eff. 6-6-06; 95-632, eff. 9-25-07.)
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Section 20. The Department of Public Health Powers and | ||
Duties Law of the
Civil Administrative Code of Illinois is | ||
amended by changing Section 2310-315 and by adding Section | ||
2310-394 as follows:
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(20 ILCS 2310/2310-315) (was 20 ILCS 2310/55.41)
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Sec. 2310-315. Prevention and treatment of AIDS. To perform |
the
following in relation to the prevention and
treatment of | ||
acquired immunodeficiency syndrome (AIDS):
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(1) Establish a State AIDS Control Unit within the | ||
Department as
a
separate administrative subdivision, to | ||
coordinate all State
programs and services relating to the | ||
prevention, treatment, and
amelioration of AIDS.
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(2) Conduct a public information campaign for physicians,
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hospitals, health facilities, public health departments, law | ||
enforcement
personnel, public employees, laboratories, and the | ||
general public on
acquired immunodeficiency syndrome (AIDS) | ||
and promote necessary measures
to reduce the incidence of AIDS | ||
and the mortality from AIDS. This program
shall include, but | ||
not be limited to, the establishment of a statewide
hotline and | ||
a State AIDS information clearinghouse that will provide
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periodic reports and releases to public officials, health | ||
professionals,
community service organizations, and the | ||
general public regarding new
developments or procedures | ||
concerning prevention and treatment of AIDS.
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(3) (Blank).
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(4) Establish alternative blood test services that are not
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operated by a blood bank, plasma center or hospital. The
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Department shall prescribe by rule minimum criteria, standards | ||
and
procedures for the establishment and operation of such | ||
services, which shall
include, but not be limited to | ||
requirements for the provision of
information, counseling and | ||
referral services that ensure appropriate
counseling and |
referral for persons whose blood is tested and shows evidence | ||
of
exposure to the human immunodeficiency virus (HIV) or other
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identified causative agent of acquired immunodeficiency | ||
syndrome (AIDS).
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(5) Establish regional and community service networks of | ||
public
and
private service providers or health care | ||
professionals who may be involved
in AIDS research, prevention | ||
and treatment.
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(6) Provide grants to individuals, organizations or | ||
facilities
to support
the following:
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(A) Information, referral, and treatment
services.
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(B) Interdisciplinary workshops for professionals | ||
involved in
research and treatment.
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(C) Establishment and operation of a statewide
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hotline.
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(D) Establishment and operation of alternative testing
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services.
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(E) Research into detection, prevention, and
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treatment.
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(F) Supplementation of other public and private
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resources.
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(G) Implementation by long-term care facilities of | ||
Department
standards and procedures for the care and | ||
treatment of persons with AIDS
and the development of | ||
adequate numbers and types of placements for those
persons.
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(7) (Blank).
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(8) Accept any gift, donation, bequest, or grant of funds
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from private or
public agencies, including federal funds that | ||
may be provided for AIDS control
efforts.
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(9) Develop and implement, in consultation with the | ||
Long-Term
Care
Facility Advisory Board, standards and | ||
procedures for long-term care
facilities that provide care and | ||
treatment of persons with AIDS, including
appropriate | ||
infection control procedures. The Department shall work
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cooperatively with organizations representing those facilities | ||
to
develop
adequate numbers and types of placements for persons | ||
with AIDS and shall
advise those facilities on proper | ||
implementation of its standards
and procedures.
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(10) The Department shall create and administer a training
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program
for State employees who have a need for understanding | ||
matters relating to
AIDS in order to deal with or advise the | ||
public. The training
shall
include information on the cause and | ||
effects of AIDS, the means of
detecting it and preventing its | ||
transmission, the availability of related
counseling and | ||
referral, and other matters that may be
appropriate.
The | ||
training may also be made available to employees of local
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governments,
public service agencies, and private agencies | ||
that contract
with the State;
in those cases the Department may | ||
charge a reasonable fee to
recover the
cost of the training.
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(11) Approve tests or testing procedures used in | ||
determining
exposure to HIV or any other identified causative | ||
agent of AIDS.
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(12) Provide prescription drug benefits counseling for | ||
persons with HIV or AIDS.
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(13) Continue to administer the AIDS Drug Assistance | ||
Program that provides drugs to prolong the lives of low income | ||
Persons with Acquired Immunodeficiency Syndrome (AIDS) or | ||
Human Immunodeficiency Virus (HIV) infection who are not | ||
eligible under Article V of the Illinois Public Aid Code for | ||
Medical Assistance, as provided under Title 77, Chapter 1, | ||
Subchapter (k), Part 692, Section 692.10 of the Illinois | ||
Administrative Code, effective August 1, 2000, except that the | ||
financial qualification for that program shall be that the | ||
anticipated gross monthly income shall be at or above 500% of | ||
the most recent Federal Poverty Guidelines published annually | ||
by the United States Department of Health and Human Services | ||
for the size of the household. | ||
(14) In order to implement the provisions of Public Act | ||
95-7, the Department must expand HIV testing in health care | ||
settings where undiagnosed individuals are likely to be | ||
identified. The Department must purchase rapid HIV kits and | ||
make grants for technical assistance, staff to conduct HIV | ||
testing and counseling, and related purposes. The Department | ||
must make grants to (i) facilities serving patients that are | ||
uninsured at high rates, (ii) facilities located in areas with | ||
a high prevalence of HIV or AIDS, (iii) facilities that have a | ||
high likelihood of identifying individuals who are undiagnosed | ||
with HIV or AIDS, or (iv) any combination of items (i), (ii), |
and (iii). | ||
(Source: P.A. 94-909, eff. 6-23-06.)
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(20 ILCS 2310/2310-394 new)
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Sec. 2310-394. Multiple sclerosis; home services. | ||
(a) Subject to appropriation, the Department shall create a | ||
program of services for persons with multiple sclerosis to help | ||
those persons stay in their homes and out of institutions. The | ||
Department shall collaborate with consumers to develop a | ||
program of services that is consumer directed. | ||
(1) There shall be meaningful consumer participation | ||
in all aspects of program design, review, and improvement. | ||
(2) A review committee shall be established, comprised | ||
of consumers and other stakeholders. The committee shall | ||
meet at least once a year to evaluate the program, | ||
including quality assurance data, and shall submit program | ||
recommendations to the Department. | ||
(3) Consumers shall have control in the selection, | ||
management, and termination of providers. | ||
(4) Providers shall be educated about | ||
consumer-directed services and multiple sclerosis. | ||
(b) To be eligible for the program, a person must meet the | ||
following requirements: | ||
(1) He or she must have a current diagnosis of multiple | ||
sclerosis. | ||
(2) He or she must have applied for benefits under the |
Home Services Program operated by the Department of Human | ||
Services and must have been determined not eligible for | ||
benefits under that program because his or her retirement | ||
assets or life insurance assets, or both, exceeded the | ||
limits applicable to that program. | ||
(3) He or she must have assets not exceeding $17,500. | ||
In determining whether a person's assets meet this | ||
requirement, the Department must disregard retirement | ||
assets up to a total of $500,000 and disregard all life | ||
insurance assets. | ||
(c) This Section does not create any new entitlement to a | ||
service, program, or benefit, but does not affect any | ||
entitlement to a service, program, or benefit created by any | ||
other law.
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Section 30. The I-FLY Act is amended by changing Section 25 | ||
as follows:
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(20 ILCS 3958/25)
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Sec. 25. I-FLY Program.
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(a) The Department shall establish
the I-FLY Program, in | ||
cooperation with the Commission. The
Program shall consist of | ||
the following components:
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(1) air carrier recruitment and retention
grants as | ||
described in subsection (c); and
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(2) planning grants under subsection (d).
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The Department may make grants under this Act only to | ||
airports that are
located
completely outside of Cook County.
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(b) During any one-year period, an airport may receive a | ||
grant for only
one of the 2 components specified in subsection | ||
(a).
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(c) Air carrier recruitment and retention program grants.
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(1) An airport may receive an air carrier
recruitment | ||
and retention program grant from the Department
only if:
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(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 to provide this capability; and
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(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.
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(2) An application for an air carrier
recruitment and | ||
retention program grant must contain commitments from the
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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.
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(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:
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(A) A grant may be used to guarantee that an air | ||
carrier shall
receive an agreed amount of revenue per | ||
flight.
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(B) A grant may be used to guarantee a reduced or
| ||
subsidized consumer ticket price.
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(C) A grant may be used to guarantee a profit goal | ||
established by the
air
carrier and airport.
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(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 80% | ||
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 20% 50% of the total
cost of the | ||
guarantee.
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(5) The total State funding for a
grant under this | ||
subsection (c) to a particular airport may not exceed
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$1,000,000 in any year.
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(6) An airport that has received a 2-year grant
under | ||
this subsection (c) may apply for another grant for an
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additional 2-year period; however, the Department 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 shall also
give priority in making grants | ||
under this subsection (c) to airports at which
the | ||
Department determines that a 2-year grant may result in
the | ||
creation of stable and reliable commercial air
service | ||
without an additional grant.
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(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
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.
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(Source: P.A. 93-585, eff. 8-22-03; 94-839, eff. 6-6-06.)
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Section 40. The State Finance Act is amended by changing | ||
Sections 6z-30, 6z-64, 6z-70, 8.3, 8g, and 8h, by renumbering | ||
and changing Section 6z-69 as added by Public Act 95-707, and | ||
by adding Section 5.710 as follows: | ||
(30 ILCS 105/5.710 new)
| ||
Sec. 5.710. The Money Follows the Person Budget Transfer | ||
Fund.
| ||
(30 ILCS 105/6z-30)
| ||
Sec. 6z-30. University of Illinois Hospital Services Fund.
| ||
(a) The University of Illinois Hospital Services Fund is | ||
created as a
special fund in the State Treasury. The following | ||
moneys shall be deposited
into the Fund:
| ||
(1) As soon as possible after the beginning of each | ||
fiscal year (starting
in fiscal year 1995), and in no event | ||
later than July 30, the State
Comptroller and the State | ||
Treasurer shall automatically transfer $44,700,000
from | ||
the General Revenue Fund to the University of Illinois | ||
Hospital Services
Fund.
| ||
(2) All intergovernmental transfer payments to the | ||
Department of Healthcare and Family Services (formerly
| ||
Illinois Department of
Public Aid) by the University of | ||
Illinois made pursuant to an
intergovernmental agreement | ||
under subsection (b) or (c) of Section 5A-3 of
the Illinois | ||
Public Aid Code.
|
(3) All federal matching funds received by the | ||
Department of Healthcare and Family Services (formerly
| ||
Illinois Department of
Public Aid) as a result of | ||
expenditures made by the Department that are
attributable | ||
to moneys that were deposited in the Fund.
| ||
(b) Moneys in the fund may be used by the Department of | ||
Healthcare and Family Services (formerly Illinois Department | ||
of Public Aid),
subject to appropriation, to reimburse the | ||
University of Illinois Hospital for
hospital and pharmacy | ||
services , and to reimburse practitioners as defined in Section | ||
5-8 of the Illinois Public Aid Code (305 ILCS 5/5-8) who are | ||
employed by the University of Illinois Hospital . The fund may | ||
also be used to make monthly
transfers to the
General Revenue | ||
Fund as provided in subsection (c).
| ||
(c) The State Comptroller and State Treasurer shall | ||
automatically transfer
on the last day of each month except | ||
June, beginning August 31, 1994, from the
University of | ||
Illinois Hospital Services Fund to the General Revenue Fund, an
| ||
amount determined and certified to the State Comptroller by the | ||
Director of Healthcare and Family Services (formerly Director | ||
of
Public Aid), equal to the amount by which the balance in the | ||
Fund exceeds the
amount necessary to ensure timely payments to | ||
the University of Illinois
Hospital.
| ||
On June 30, 1995 and each June 30 thereafter, the State | ||
Comptroller and State
Treasurer shall automatically transfer | ||
the entire balance in the University of
Illinois Hospital |
Services Fund to the General Revenue Fund.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
(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 , not subject to fiscal year limitations, 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; 94-839, | ||
eff. 6-6-06.) | ||
(30 ILCS 105/6z-70) | ||
Sec. 6z-70. The Secretary of State Identification Security | ||
and Theft Prevention Fund. | ||
(a) The Secretary of State Identification Security and | ||
Theft Prevention Fund is created as a special fund in the State | ||
treasury. The Fund shall consist of any fund transfers, grants, | ||
fees, or moneys from other sources received for the purpose of | ||
funding identification security and theft prevention measures. | ||
(b) All moneys in the Secretary of State Identification | ||
Security and Theft Prevention Fund shall be used, subject to | ||
appropriation, for any costs related to implementing | ||
identification security and theft prevention measures. | ||
(c) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2007, and until June 30, 2008, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: |
Lobbyist Registration Administration Fund .......$100,000 | ||
Registered Limited Liability Partnership Fund ....$75,000 | ||
Securities Investors Education Fund .............$500,000 | ||
Securities Audit and Enforcement Fund .........$5,725,000 | ||
Department of Business Services | ||
Special Operations Fund .......................$3,000,000 | ||
Corporate Franchise Tax Refund Fund .........$3,000,000.
| ||
(d) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2008, and until June 30, 2009, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: | ||
Lobbyist Registration Administration Fund ........$100,000 | ||
Registered Limited Liability Partnership Fund .....$75,000 | ||
Securities Investors Education Fund ..............$500,000 | ||
Securities Audit and Enforcement Fund ..........$5,725,000 | ||
Department of Business Services | ||
Special Operations Fund ...................$3,000,000 | ||
Corporate Franchise Tax Refund Fund ............$3,000,000 | ||
State Parking Facility Maintenance Fund .........$100,000 | ||
(Source: P.A. 95-707, eff. 1-11-08.) | ||
(30 ILCS 105/6z-71) |
Sec. 6z-71
6z-69 . Human Services Priority Capital Program | ||
Fund. The Human Services Priority Capital Program Fund is | ||
created as a special fund in the State treasury. Subject to | ||
appropriation, the Department of Human Services shall use | ||
moneys in the Human Services Priority Capital Program Fund to | ||
make grants to the Illinois Facilities Fund, a not-for-profit | ||
corporation, to make long term below market rate loans to | ||
nonprofit human service providers working under contract to the | ||
State of Illinois to assist those providers in meeting their | ||
capital needs. The loans shall be for the purpose of such | ||
capital needs, including but not limited to special use | ||
facilities, requirements for serving the disabled, mentally | ||
ill, or substance abusers, and medical and technology | ||
equipment. Loan repayments shall be deposited into the Human | ||
Services Priority Capital Program Fund. Interest income may be | ||
used to cover expenses of the program. The Illinois Facilities | ||
Fund shall report to the Department of Human Services and the | ||
General Assembly by April 1, 2008 , and again by April 1, 2009, | ||
as to the use and earnings of the program.
| ||
(Source: P.A. 95-707, eff. 1-11-08; revised 1-23-08.)
| ||
(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, 2006, and 2007 only, no Road Fund monies shall
be | ||
appropriated to the
Department of State Police for the purposes | ||
of this Section in excess of
$97,310,000.
For fiscal year 2008 | ||
only, no Road
Fund monies shall be appropriated to the | ||
Department of State Police for the purposes of
this Section in | ||
excess of $106,100,000. For fiscal year 2009 only, no Road Fund | ||
monies shall be appropriated to the Department of State Police | ||
for the purposes of this Section in excess of $114,700,000. 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:
| ||||||||||||||||||||||
|
| ||||
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, 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 | ||||
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. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, | ||
eff. 1-11-08.)
| ||
(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:
| ||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||
(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:
| ||||||||||||||
|
| ||||||||||||||||
(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:
| ||||
| ||||
(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) 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.
| ||
(pp)
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 $2,000,000 from the General | ||
Revenue Fund to the Illinois Veterans Assistance Fund. | ||
(qq) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2007 and until May 1, | ||
2008, 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, 2008. | ||
(rr) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2007 and until June | ||
30, 2008, 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
| ||
(ss) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, 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. | ||
(tt) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, 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.
| ||
(uu) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, 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. | ||
(vv) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, 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. |
(ww) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,500,000 from the General | ||
Revenue Fund to the Predatory Lending Database Program Fund. | ||
(xx) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. | ||
(yy) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $4,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Infrastructure | ||
Fund. | ||
(zz) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2008, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. | ||
(aaa) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2008 and until May 1, | ||
2009, 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, 2009. | ||
(bbb) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2008 and until June | ||
30, 2009, 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 | ||
(ccc) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2008, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $7,450,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(ddd) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2008, 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. | ||
(Source: P.A. 94-58, eff. 6-17-05; 94-91, eff. 7-1-05; 94-816, | ||
eff. 5-30-06; 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; | ||
95-707, eff. 1-11-08.)
| ||
(30 ILCS 105/8h)
| ||
Sec. 8h. Transfers to General Revenue Fund. | ||
(a) Except as otherwise provided in this Section and | ||
Section 8n of this Act, and
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, 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, the Supplemental | ||
Low-Income Energy Assistance Fund, the Good Samaritan Energy | ||
Trust Fund, the Low-Level Radioactive Waste Facility | ||
Development and Operation Fund, the Horse Racing Equity Trust | ||
Fund, the Metabolic Screening and Treatment Fund, or the | ||
Hospital Basic Services Preservation Fund, or to any
funds to | ||
which Section 70-50 of the Nurse Practice 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.
| ||
(a-5) Transfers directed to be made under this Section on | ||
or before February 28, 2006 that are still pending on May 19, | ||
2006 (the effective date of Public Act 94-774) shall be | ||
redirected as provided in Section 8n of this Act.
| ||
(b) This Section does not apply to: (i) the Ticket For The | ||
Cure Fund; (ii) any fund established under the Community Senior | ||
Services and Resources Act; or (iii) on or after January 1, | ||
2006 (the effective date of Public Act 94-511), 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) 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.
| ||
(f) Subsection (a) does not apply to, and no transfer may | ||
be made under this Section from, the Illinois Power Agency | ||
Operations Fund, the Illinois Power Agency Facilities Fund, the | ||
Illinois Power Agency Debt Service Fund, and the Illinois Power | ||
Agency Trust Fund.
| ||
(g)
(f) This Section does not apply to the Veterans Service | ||
Organization Reimbursement Fund.
| ||
(h)
(f) This Section does not apply to the Supreme Court | ||
Historic Preservation Fund.
| ||
(i) This Section does not apply to, and no transfer may be | ||
made under this Section from, the Money Follows the Person | ||
Budget Transfer Fund. | ||
(Source: P.A. 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; 94-773, | ||
eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | ||
94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | ||
8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | ||
eff. 10-5-07; 95-695, eff. 11-5-07; revised 11-2-07.)
|
Section 43. The Excellence in Academic Medicine Act is | ||
amended by changing Sections 20, 25, and 30 as follows:
| ||
(30 ILCS 775/20)
| ||
Sec. 20. Establishment of Funds.
| ||
(a) The Medical Research and Development Fund is created in | ||
the State
Treasury to which the General Assembly may from time | ||
to time appropriate
funds and from which the Comptroller shall | ||
pay amounts as authorized by law. The amount appropriated for | ||
any fiscal year after 2008 shall not be less than the amount | ||
appropriated for fiscal year 2002.
| ||
(i) The following accounts are created in the Medical | ||
Research and
Development Fund: The National Institutes of | ||
Health Account; the
Philanthropic Medical Research | ||
Account; and the Market Medical Research
Account.
| ||
(ii) Funds appropriated to the Medical Research and | ||
Development Fund
shall be assigned in equal amounts to each | ||
account within the Fund, subject to
transferability of | ||
funds under subsection (c) of Section 25.
| ||
(b) The Post-Tertiary Clinical Services Fund is created
in | ||
the State Treasury to which the General Assembly may from time | ||
to time
appropriate funds and from which the Comptroller shall | ||
pay amounts as
authorized by law. The amount appropriated for | ||
any fiscal year after 2008 shall not be less than the amount | ||
appropriated for fiscal year 2002.
|
(c) The Independent Academic Medical Center Fund is created | ||
as a special
fund in the State Treasury, to which the General | ||
Assembly shall from time to
time appropriate funds for the | ||
purposes of the Independent Academic Medical
Center Program. | ||
The amount appropriated for any fiscal year after 2002 shall
| ||
not be less than the amount appropriated for fiscal year 2002. | ||
The State
Comptroller shall pay amounts from the Fund as | ||
authorized by law.
| ||
(Source: P.A. 92-10, eff. 6-11-01.)
| ||
(30 ILCS 775/25)
| ||
Sec. 25. Medical research and development challenge | ||
program.
| ||
(a) The State shall provide the following financial | ||
incentives to draw
private and federal funding for biomedical | ||
research, technology and
programmatic development:
| ||
(1) Each qualified Chicago Medicare Metropolitan | ||
Statistical Area academic
medical center hospital shall | ||
receive a percentage of the amount available for
| ||
distribution from the National Institutes of Health | ||
Account, equal to that
hospital's percentage of the total | ||
contracts and grants from the National
Institutes of Health | ||
awarded to qualified Chicago Medicare
Metropolitan | ||
Statistical Area academic medical center hospitals and | ||
their
affiliated medical schools during the preceding | ||
calendar year. These amounts
shall be paid from the |
National Institutes of Health Account.
| ||
(2) Each qualified Chicago Medicare Metropolitan | ||
Statistical Area academic
medical center hospital shall | ||
receive a payment
from the State equal to 25% of all funded | ||
grants (other than grants funded by
the State of Illinois | ||
or the National Institutes of Health) for biomedical
| ||
research, technology, or programmatic development received | ||
by that qualified
Chicago Medicare Metropolitan | ||
Statistical Area academic medical center hospital
during | ||
the preceding calendar year. These amounts shall be paid | ||
from the
Philanthropic Medical Research Account.
| ||
(3) Each qualified Chicago Medicare Metropolitan | ||
Statistical Area academic
medical center hospital that (i) | ||
contributes 40% of the funding for a
biomedical research or | ||
technology project or a programmatic
development project | ||
and (ii) obtains contributions from the private sector
| ||
equal to 40% of the funding for the project shall receive | ||
from the State an
amount equal to 20% of the funding for | ||
the project upon submission of
documentation demonstrating | ||
those facts to the Comptroller; however, the State
shall | ||
not be required to make the payment unless the contribution | ||
of the
qualified Chicago Medicare Metropolitan Statistical | ||
Area academic medical
center hospital exceeds $100,000. | ||
The documentation must be submitted within
180 days of the | ||
beginning of the fiscal year. These amounts shall be paid | ||
from
the Market Medical Research Account.
|
(b) No hospital under the Medical Research and Development | ||
Challenge Program
shall receive more than 20% of the total | ||
amount appropriated to the Medical
Research and Development | ||
Fund.
| ||
The amounts received under the Medical Research and | ||
Development Challenge
Program by the Southern Illinois | ||
University School of Medicine in Springfield
and its affiliated | ||
primary teaching hospitals, considered as a single entity,
| ||
shall not exceed an amount equal to one-sixth of the total | ||
amount available for
distribution from the Medical Research and | ||
Development Fund, multiplied by a
fraction, the numerator of | ||
which is the amount awarded the Southern Illinois
University | ||
School of Medicine and its affiliated teaching hospitals in | ||
grants
or contracts by the National Institutes of Health and | ||
the denominator of which
is $8,000,000.
| ||
(c) On or after the 180th day of the fiscal year the | ||
Comptroller may
transfer unexpended funds in any account of the | ||
Medical Research and
Development Fund to pay appropriate claims | ||
against another account.
| ||
(d) The amounts due each qualified Chicago Medicare | ||
Metropolitan Statistical
Area academic medical center hospital | ||
under the Medical Research and
Development Fund from the | ||
National Institutes of Health Account, the
Philanthropic | ||
Medical Research Account, and the Market Medical Research | ||
Account
shall be combined and one quarter of the amount payable | ||
to each qualified
Chicago Medicare Metropolitan Statistical |
Area academic medical center hospital
shall be paid on the | ||
fifteenth working day after July 1, October 1, January 1,
and | ||
March 1.
| ||
(e) The Southern Illinois University School of Medicine in | ||
Springfield and
its affiliated primary teaching hospitals, | ||
considered as a single entity, shall
be deemed to be a | ||
qualified Chicago Medicare Metropolitan Statistical Area
| ||
academic medical center hospital for the purposes of this | ||
Section.
| ||
(f) In each State fiscal year, beginning in fiscal year | ||
2008, the full amount appropriated for the Medical research and | ||
development challenge program for that fiscal year shall be | ||
distributed as described in this Section. | ||
(Source: P.A. 89-506, eff. 7-3-96.)
| ||
(30 ILCS 775/30)
| ||
Sec. 30. Post-Tertiary Clinical Services Program. The | ||
State shall
provide incentives to develop and enhance | ||
post-tertiary clinical
services. Qualified academic medical | ||
center hospitals as defined in Section
15 may receive funding | ||
under the Post-Tertiary Clinical Services Program
for up to 3 | ||
qualified programs as defined in Section 15 in any given
year; | ||
however, qualified academic medical center hospitals may
| ||
receive continued funding for previously funded qualified | ||
programs rather than
receive funding for a new program so long | ||
as the number of qualified programs
receiving funding does not |
exceed 3. Each qualified academic medical center
hospital as | ||
defined in Section 15 shall receive an equal percentage of the
| ||
Post-Tertiary
Clinical Services Fund to be used in the funding | ||
of qualified programs. In each State fiscal year, beginning in | ||
fiscal year 2008, the full amount appropriated for the | ||
Post-Tertiary Clinical Services Program for that fiscal year | ||
shall be distributed as described in this Section. One
quarter | ||
of the amount payable to each qualified academic medical center
| ||
hospital shall be paid on the fifteenth working day after July | ||
1, October 1,
January 1, and March 1.
| ||
(Source: P.A. 89-506, eff. 7-3-96.)
| ||
Section 45. 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.
| ||
(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 | ||
fiscal year 2008, the Annual Percentage shall be 7.75%. For | ||
fiscal year 2009, 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 | ||
fiscal year 2008, the Annual Percentage shall be 15.5%. For | ||
fiscal year 2009, 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. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, | ||
eff. 1-11-08.)
| ||
Section 47. 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, | ||
2009 2008 ,
for the administration of the Vehicle Emissions | ||
Inspection Law of
2005 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. 93-32, eff. 6-20-03; 93-839, eff. 7-30-04; | ||
94-839, eff. 6-6-06; revised 1-30-08.)
| ||
Section 50. The School Code is amended by changing Sections | ||
2-3.131 and 18-8.05 as follows:
| ||
(105 ILCS 5/2-3.131)
| ||
Sec. 2-3.131. Transitional assistance payments.
| ||
(a) If the amount that
the State Board of Education will | ||
pay to
a school
district from fiscal year 2004 appropriations, | ||
as estimated by the State
Board of Education on April 1, 2004, | ||
is less than the amount that the
State Board of Education paid | ||
to the school district from fiscal year 2003
appropriations, | ||
then, subject to appropriation, the State Board of
Education | ||
shall make a fiscal year 2004 transitional assistance payment
| ||
to the school district in an amount equal to the difference | ||
between the
estimated amount to be paid from fiscal year 2004 | ||
appropriations and
the amount paid from fiscal year 2003 | ||
appropriations.
| ||
(b) If the amount that
the State Board of Education will | ||
pay to
a school
district from fiscal year 2005 appropriations, | ||
as estimated by the State
Board of Education on April 1, 2005, | ||
is less than the amount that the
State Board of Education paid | ||
to the school district from fiscal year 2004
appropriations, | ||
then the State Board of
Education shall make a fiscal year 2005 |
transitional assistance payment
to the school district in an | ||
amount equal to the difference between the
estimated amount to | ||
be paid from fiscal year 2005 appropriations and
the amount | ||
paid from fiscal year 2004 appropriations.
| ||
(c) If the amount that
the State Board of Education will | ||
pay to
a school
district from fiscal year 2006 appropriations, | ||
as estimated by the State
Board of Education on April 1, 2006, | ||
is less than the amount that the
State Board of Education paid | ||
to the school district from fiscal year 2005
appropriations, | ||
then the State Board of
Education shall make a fiscal year 2006 | ||
transitional assistance payment
to the school district in an | ||
amount equal to the difference between the
estimated amount to | ||
be paid from fiscal year 2006 appropriations and
the amount | ||
paid from fiscal year 2005 appropriations.
| ||
(d) If the amount that
the State Board of Education will | ||
pay to
a school
district from fiscal year 2007 appropriations, | ||
as estimated by the State
Board of Education on April 1, 2007, | ||
is less than the amount that the
State Board of Education paid | ||
to the school district from fiscal year 2006
appropriations, | ||
then the State Board of
Education, subject to appropriation, | ||
shall make a fiscal year 2007 transitional assistance payment
| ||
to the school district in an amount equal to the difference | ||
between the
estimated amount to be paid from fiscal year 2007 | ||
appropriations and
the amount paid from fiscal year 2006 | ||
appropriations.
| ||
(e) Subject to appropriation, beginning on July 1, 2007, |
the State Board of Education shall adjust prior year | ||
information for the transitional assistance calculations under | ||
this Section in the event of the creation or reorganization of | ||
any school district pursuant to Article 11E of this Code, the | ||
dissolution of an entire district and the annexation of all of | ||
its territory to one or more other districts pursuant to | ||
Article 7 of this Code, or a boundary change whereby the | ||
enrollment of the annexing district increases by 90% or more as | ||
a result of annexing territory detached from another district | ||
pursuant to Article 7 of this Code.
| ||
(f) If the amount that
the State Board of Education will | ||
pay to
a school
district from fiscal year 2008 appropriations, | ||
as estimated by the State
Board of Education on April 1, 2008, | ||
is less than the amount that the
State Board of Education paid | ||
to the school district from fiscal year 2007
appropriations, | ||
then the State Board of
Education, subject to appropriation, | ||
shall make a fiscal year 2008 transitional assistance payment
| ||
to the school district in an amount equal to the difference | ||
between the
estimated amount to be paid from fiscal year 2008 | ||
appropriations and
the amount paid from fiscal year 2007 | ||
appropriations.
| ||
(g) If the amount that the State Board of Education will | ||
pay to a school district from fiscal year 2009 appropriations, | ||
as estimated by the State Board of Education on April 1, 2009, | ||
is less than the amount that the State Board of Education paid | ||
to the school district from fiscal year 2008 appropriations, |
then the State Board of Education, subject to appropriation, | ||
shall make a fiscal year 2009 transitional assistance payment | ||
to the school district in an amount equal to the difference | ||
between the estimated amount to be paid from fiscal year 2009 | ||
appropriations and the amount paid from fiscal year 2008 | ||
appropriations. | ||
(Source: P.A. 94-69, eff. 7-1-05; 94-835, eff. 6-6-06; 95-331, | ||
eff. 8-21-07; 95-707, eff. 1-11-08.)
| ||
(105 ILCS 5/18-8.05)
| ||
Sec. 18-8.05. Basis for apportionment of general State | ||
financial aid and
supplemental general State aid to the common | ||
schools for the 1998-1999 and
subsequent school years.
| ||
(A) General Provisions.
| ||
(1) The provisions of this Section apply to the 1998-1999 | ||
and subsequent
school years. The system of general State | ||
financial aid provided for in this
Section
is designed to | ||
assure that, through a combination of State financial aid and
| ||
required local resources, the financial support provided each | ||
pupil in Average
Daily Attendance equals or exceeds a
| ||
prescribed per pupil Foundation Level. This formula approach | ||
imputes a level
of per pupil Available Local Resources and | ||
provides for the basis to calculate
a per pupil level of | ||
general State financial aid that, when added to Available
Local | ||
Resources, equals or exceeds the Foundation Level. The
amount |
of per pupil general State financial aid for school districts, | ||
in
general, varies in inverse
relation to Available Local | ||
Resources. Per pupil amounts are based upon
each school | ||
district's Average Daily Attendance as that term is defined in | ||
this
Section.
| ||
(2) In addition to general State financial aid, school | ||
districts with
specified levels or concentrations of pupils | ||
from low income households are
eligible to receive supplemental | ||
general State financial aid grants as provided
pursuant to | ||
subsection (H).
The supplemental State aid grants provided for | ||
school districts under
subsection (H) shall be appropriated for | ||
distribution to school districts as
part of the same line item | ||
in which the general State financial aid of school
districts is | ||
appropriated under this Section.
| ||
(3) To receive financial assistance under this Section, | ||
school districts
are required to file claims with the State | ||
Board of Education, subject to the
following requirements:
| ||
(a) Any school district which fails for any given | ||
school year to maintain
school as required by law, or to | ||
maintain a recognized school is not
eligible to file for | ||
such school year any claim upon the Common School
Fund. In | ||
case of nonrecognition of one or more attendance centers in | ||
a
school district otherwise operating recognized schools, | ||
the claim of the
district shall be reduced in the | ||
proportion which the Average Daily
Attendance in the | ||
attendance center or centers bear to the Average Daily
|
Attendance in the school district. A "recognized school" | ||
means any
public school which meets the standards as | ||
established for recognition
by the State Board of | ||
Education. A school district or attendance center
not | ||
having recognition status at the end of a school term is | ||
entitled to
receive State aid payments due upon a legal | ||
claim which was filed while
it was recognized.
| ||
(b) School district claims filed under this Section are | ||
subject to
Sections 18-9 and 18-12, except as otherwise | ||
provided in this
Section.
| ||
(c) If a school district operates a full year school | ||
under Section
10-19.1, the general State aid to the school | ||
district shall be determined
by the State Board of | ||
Education in accordance with this Section as near as
may be | ||
applicable.
| ||
(d) (Blank).
| ||
(4) Except as provided in subsections (H) and (L), the | ||
board of any district
receiving any of the grants provided for | ||
in this Section may apply those funds
to any fund so received | ||
for which that board is authorized to make expenditures
by law.
| ||
School districts are not required to exert a minimum | ||
Operating Tax Rate in
order to qualify for assistance under | ||
this Section.
| ||
(5) As used in this Section the following terms, when | ||
capitalized, shall
have the meaning ascribed herein:
| ||
(a) "Average Daily Attendance": A count of pupil |
attendance in school,
averaged as provided for in | ||
subsection (C) and utilized in deriving per pupil
financial | ||
support levels.
| ||
(b) "Available Local Resources": A computation of | ||
local financial
support, calculated on the basis of Average | ||
Daily Attendance and derived as
provided pursuant to | ||
subsection (D).
| ||
(c) "Corporate Personal Property Replacement Taxes": | ||
Funds paid to local
school districts pursuant to "An Act in | ||
relation to the abolition of ad valorem
personal property | ||
tax and the replacement of revenues lost thereby, and
| ||
amending and repealing certain Acts and parts of Acts in | ||
connection therewith",
certified August 14, 1979, as | ||
amended (Public Act 81-1st S.S.-1).
| ||
(d) "Foundation Level": A prescribed level of per pupil | ||
financial support
as provided for in subsection (B).
| ||
(e) "Operating Tax Rate": All school district property | ||
taxes extended for
all purposes, except Bond and
Interest, | ||
Summer School, Rent, Capital Improvement, and Vocational | ||
Education
Building purposes.
| ||
(B) Foundation Level.
| ||
(1) The Foundation Level is a figure established by the | ||
State representing
the minimum level of per pupil financial | ||
support that should be available to
provide for the basic | ||
education of each pupil in
Average Daily Attendance. As set |
forth in this Section, each school district
is assumed to exert
| ||
a sufficient local taxing effort such that, in combination with | ||
the aggregate
of general State
financial aid provided the | ||
district, an aggregate of State and local resources
are | ||
available to meet
the basic education needs of pupils in the | ||
district.
| ||
(2) For the 1998-1999 school year, the Foundation Level of | ||
support is
$4,225. For the 1999-2000 school year, the | ||
Foundation Level of support is
$4,325. For the 2000-2001 school | ||
year, the Foundation Level of support is
$4,425. For the | ||
2001-2002 school year and 2002-2003 school year, the
Foundation | ||
Level of support is $4,560. For the 2003-2004 school year, the | ||
Foundation Level of support is $4,810. For the 2004-2005 school | ||
year, the Foundation Level of support is $4,964.
For the | ||
2005-2006 school year,
the Foundation Level of support is | ||
$5,164. For the 2006-2007 school year, the Foundation Level of | ||
support is $5,334. For the 2007-2008 school year, the | ||
Foundation Level of support is $5,734.
| ||
(3) For the 2008-2009 2007-2008 school year and each school | ||
year thereafter,
the Foundation Level of support is $5,959 | ||
$5,734 or such greater amount as
may be established by law by | ||
the General Assembly.
| ||
(C) Average Daily Attendance.
| ||
(1) For purposes of calculating general State aid pursuant | ||
to subsection
(E), an Average Daily Attendance figure shall be |
utilized. The Average Daily
Attendance figure for formula
| ||
calculation purposes shall be the monthly average of the actual | ||
number of
pupils in attendance of
each school district, as | ||
further averaged for the best 3 months of pupil
attendance for | ||
each
school district. In compiling the figures for the number | ||
of pupils in
attendance, school districts
and the State Board | ||
of Education shall, for purposes of general State aid
funding, | ||
conform
attendance figures to the requirements of subsection | ||
(F).
| ||
(2) The Average Daily Attendance figures utilized in | ||
subsection (E) shall be
the requisite attendance data for the | ||
school year immediately preceding
the
school year for which | ||
general State aid is being calculated
or the average of the | ||
attendance data for the 3 preceding school
years, whichever is | ||
greater. The Average Daily Attendance figures
utilized in | ||
subsection (H) shall be the requisite attendance data for the
| ||
school year immediately preceding the school year for which | ||
general
State aid is being calculated.
| ||
(D) Available Local Resources.
| ||
(1) For purposes of calculating general State aid pursuant | ||
to subsection
(E), a representation of Available Local | ||
Resources per pupil, as that term is
defined and determined in | ||
this subsection, shall be utilized. Available Local
Resources | ||
per pupil shall include a calculated
dollar amount representing | ||
local school district revenues from local property
taxes and |
from
Corporate Personal Property Replacement Taxes, expressed | ||
on the basis of pupils
in Average
Daily Attendance. Calculation | ||
of Available Local Resources shall exclude any tax amnesty | ||
funds received as a result of Public Act 93-26.
| ||
(2) In determining a school district's revenue from local | ||
property taxes,
the State Board of Education shall utilize the | ||
equalized assessed valuation of
all taxable property of each | ||
school
district as of September 30 of the previous year. The | ||
equalized assessed
valuation utilized shall
be obtained and | ||
determined as provided in subsection (G).
| ||
(3) For school districts maintaining grades kindergarten | ||
through 12, local
property tax
revenues per pupil shall be | ||
calculated as the product of the applicable
equalized assessed
| ||
valuation for the district multiplied by 3.00%, and divided by | ||
the district's
Average Daily
Attendance figure. For school | ||
districts maintaining grades kindergarten
through 8, local
| ||
property tax revenues per pupil shall be calculated as the | ||
product of the
applicable equalized
assessed valuation for the | ||
district multiplied by 2.30%, and divided by the
district's | ||
Average
Daily Attendance figure. For school districts | ||
maintaining grades 9 through 12,
local property
tax revenues | ||
per pupil shall be the applicable equalized assessed valuation | ||
of
the district
multiplied by 1.05%, and divided by the | ||
district's Average Daily
Attendance
figure.
| ||
For partial elementary unit districts created pursuant to | ||
Article 11E of this Code, local property tax revenues per pupil |
shall be calculated as the product of the equalized assessed | ||
valuation for property within the elementary and high school | ||
classification of the partial elementary unit district | ||
multiplied by 2.06% and divided by the Average Daily Attendance | ||
figure for grades kindergarten through 8, plus the product of | ||
the equalized assessed valuation for property within the high | ||
school only classification of the partial elementary unit | ||
district multiplied by 0.94% and divided by the Average Daily | ||
Attendance figure for grades 9 through 12.
| ||
(4) The Corporate Personal Property Replacement Taxes paid | ||
to each school
district during the calendar year 2 years before | ||
the calendar year in which a
school year begins, divided by the | ||
Average Daily Attendance figure for that
district, shall be | ||
added to the local property tax revenues per pupil as
derived | ||
by the application of the immediately preceding paragraph (3). | ||
The sum
of these per pupil figures for each school district | ||
shall constitute Available
Local Resources as that term is | ||
utilized in subsection (E) in the calculation
of general State | ||
aid.
| ||
(E) Computation of General State Aid.
| ||
(1) For each school year, the amount of general State aid | ||
allotted to a
school district shall be computed by the State | ||
Board of Education as provided
in this subsection.
| ||
(2) For any school district for which Available Local | ||
Resources per pupil
is less than the product of 0.93 times the |
Foundation Level, general State aid
for that district shall be | ||
calculated as an amount equal to the Foundation
Level minus | ||
Available Local Resources, multiplied by the Average Daily
| ||
Attendance of the school district.
| ||
(3) For any school district for which Available Local | ||
Resources per pupil
is equal to or greater than the product of | ||
0.93 times the Foundation Level and
less than the product of | ||
1.75 times the Foundation Level, the general State aid
per | ||
pupil shall be a decimal proportion of the Foundation Level | ||
derived using a
linear algorithm. Under this linear algorithm, | ||
the calculated general State
aid per pupil shall decline in | ||
direct linear fashion from 0.07 times the
Foundation Level for | ||
a school district with Available Local Resources equal to
the | ||
product of 0.93 times the Foundation Level, to 0.05 times the | ||
Foundation
Level for a school district with Available Local | ||
Resources equal to the product
of 1.75 times the Foundation | ||
Level. The allocation of general
State aid for school districts | ||
subject to this paragraph 3 shall be the
calculated general | ||
State aid
per pupil figure multiplied by the Average Daily | ||
Attendance of the school
district.
| ||
(4) For any school district for which Available Local | ||
Resources per pupil
equals or exceeds the product of 1.75 times | ||
the Foundation Level, the general
State aid for the school | ||
district shall be calculated as the product of $218
multiplied | ||
by the Average Daily Attendance of the school
district.
| ||
(5) The amount of general State aid allocated to a school |
district for
the 1999-2000 school year meeting the requirements | ||
set forth in paragraph (4)
of subsection
(G) shall be increased | ||
by an amount equal to the general State aid that
would have | ||
been received by the district for the 1998-1999 school year by
| ||
utilizing the Extension Limitation Equalized Assessed | ||
Valuation as calculated
in paragraph (4) of subsection (G) less | ||
the general State aid allotted for the
1998-1999
school year. | ||
This amount shall be deemed a one time increase, and shall not
| ||
affect any future general State aid allocations.
| ||
(F) Compilation of Average Daily Attendance.
| ||
(1) Each school district shall, by July 1 of each year, | ||
submit to the State
Board of Education, on forms prescribed by | ||
the State Board of Education,
attendance figures for the school | ||
year that began in the preceding calendar
year. The attendance | ||
information so transmitted shall identify the average
daily | ||
attendance figures for each month of the school year. Beginning | ||
with
the general State aid claim form for the 2002-2003 school
| ||
year, districts shall calculate Average Daily Attendance as | ||
provided in
subdivisions (a), (b), and (c) of this paragraph | ||
(1).
| ||
(a) In districts that do not hold year-round classes,
| ||
days of attendance in August shall be added to the month of | ||
September and any
days of attendance in June shall be added | ||
to the month of May.
| ||
(b) In districts in which all buildings hold year-round |
classes,
days of attendance in July and August shall be | ||
added to the month
of September and any days of attendance | ||
in June shall be added to
the month of May.
| ||
(c) In districts in which some buildings, but not all, | ||
hold
year-round classes, for the non-year-round buildings, | ||
days of
attendance in August shall be added to the month of | ||
September
and any days of attendance in June shall be added | ||
to the month of
May. The average daily attendance for the | ||
year-round buildings
shall be computed as provided in | ||
subdivision (b) of this paragraph
(1). To calculate the | ||
Average Daily Attendance for the district, the
average | ||
daily attendance for the year-round buildings shall be
| ||
multiplied by the days in session for the non-year-round | ||
buildings
for each month and added to the monthly | ||
attendance of the
non-year-round buildings.
| ||
Except as otherwise provided in this Section, days of
| ||
attendance by pupils shall be counted only for sessions of not | ||
less than
5 clock hours of school work per day under direct | ||
supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||
volunteer personnel when engaging
in non-teaching duties and | ||
supervising in those instances specified in
subsection (a) of | ||
Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||
of legal school age and in kindergarten and grades 1 through | ||
12.
| ||
Days of attendance by tuition pupils shall be accredited | ||
only to the
districts that pay the tuition to a recognized |
school.
| ||
(2) Days of attendance by pupils of less than 5 clock hours | ||
of school
shall be subject to the following provisions in the | ||
compilation of Average
Daily Attendance.
| ||
(a) Pupils regularly enrolled in a public school for | ||
only a part of
the school day may be counted on the basis | ||
of 1/6 day for every class hour
of instruction of 40 | ||
minutes or more attended pursuant to such enrollment,
| ||
unless a pupil is
enrolled in a block-schedule format of 80 | ||
minutes or more of instruction,
in which case the pupil may | ||
be counted on the basis of the proportion of
minutes of | ||
school work completed each day to the minimum number of
| ||
minutes that school work is required to be held that day.
| ||
(b) Days of attendance may be less than 5 clock hours | ||
on the opening
and closing of the school term, and upon the | ||
first day of pupil
attendance, if preceded by a day or days | ||
utilized as an institute or
teachers' workshop.
| ||
(c) A session of 4 or more clock hours may be counted | ||
as a day of
attendance upon certification by the regional | ||
superintendent, and
approved by the State Superintendent | ||
of Education to the extent that the
district has been | ||
forced to use daily multiple sessions.
| ||
(d) A session of 3 or more clock hours may be counted | ||
as a day of
attendance (1) when the remainder of the school | ||
day or at least
2 hours in the evening of that day is | ||
utilized for an
in-service training program for teachers, |
up to a maximum of 5 days per
school year of which a | ||
maximum of 4 days of such 5 days may be used for
| ||
parent-teacher conferences, provided a district conducts | ||
an in-service
training program for teachers which has been | ||
approved by the State
Superintendent of Education; or, in | ||
lieu of 4 such days, 2 full days may
be used, in which | ||
event each such day
may be counted as a day of attendance; | ||
and (2) when days in
addition to
those provided in item (1) | ||
are scheduled by a school pursuant to its school
| ||
improvement plan adopted under Article 34 or its revised or | ||
amended school
improvement plan adopted under Article 2, | ||
provided that (i) such sessions of
3 or more clock hours | ||
are scheduled to occur at regular intervals, (ii) the
| ||
remainder of the school days in which such sessions occur | ||
are utilized
for in-service training programs or other | ||
staff development activities for
teachers, and (iii) a | ||
sufficient number of minutes of school work under the
| ||
direct supervision of teachers are added to the school days | ||
between such
regularly scheduled sessions to accumulate | ||
not less than the number of minutes
by which such sessions | ||
of 3 or more clock hours fall short of 5 clock hours.
Any | ||
full days used for the purposes of this paragraph shall not | ||
be considered
for
computing average daily attendance. Days | ||
scheduled for in-service training
programs, staff | ||
development activities, or parent-teacher conferences may | ||
be
scheduled separately for different
grade levels and |
different attendance centers of the district.
| ||
(e) A session of not less than one clock hour of | ||
teaching
hospitalized or homebound pupils on-site or by | ||
telephone to the classroom may
be counted as 1/2 day of | ||
attendance, however these pupils must receive 4 or
more | ||
clock hours of instruction to be counted for a full day of | ||
attendance.
| ||
(f) A session of at least 4 clock hours may be counted | ||
as a day of
attendance for first grade pupils, and pupils | ||
in full day kindergartens,
and a session of 2 or more hours | ||
may be counted as 1/2 day of attendance by
pupils in | ||
kindergartens which provide only 1/2 day of attendance.
| ||
(g) For children with disabilities who are below the | ||
age of 6 years and
who
cannot attend 2 or more clock hours | ||
because of their disability or
immaturity, a session of not | ||
less than one clock hour may be counted as 1/2 day
of | ||
attendance; however for such children whose educational | ||
needs so require
a session of 4 or more clock hours may be | ||
counted as a full day of attendance.
| ||
(h) A recognized kindergarten which provides for only | ||
1/2 day of
attendance by each pupil shall not have more | ||
than 1/2 day of attendance
counted in any one day. However, | ||
kindergartens may count 2 1/2 days
of
attendance in any 5 | ||
consecutive school days. When a pupil attends such a
| ||
kindergarten for 2 half days on any one school day, the | ||
pupil shall have
the following day as a day absent from |
school, unless the school district
obtains permission in | ||
writing from the State Superintendent of Education.
| ||
Attendance at kindergartens which provide for a full day of | ||
attendance by
each pupil shall be counted the same as | ||
attendance by first grade pupils.
Only the first year of | ||
attendance in one kindergarten shall be counted,
except in | ||
case of children who entered the kindergarten in their | ||
fifth year
whose educational development requires a second | ||
year of kindergarten as
determined under the rules and | ||
regulations of the State Board of Education.
| ||
(i) On the days when the Prairie State Achievement | ||
Examination is
administered under subsection (c) of | ||
Section 2-3.64 of this Code, the day
of attendance for a | ||
pupil whose school
day must be shortened to accommodate | ||
required testing procedures may
be less than 5 clock hours | ||
and shall be counted towards the 176 days of actual pupil | ||
attendance required under Section 10-19 of this Code, | ||
provided that a sufficient number of minutes
of school work | ||
in excess of 5 clock hours are first completed on other | ||
school
days to compensate for the loss of school work on | ||
the examination days.
| ||
(G) Equalized Assessed Valuation Data.
| ||
(1) For purposes of the calculation of Available Local | ||
Resources required
pursuant to subsection (D), the
State Board | ||
of Education shall secure from the Department of
Revenue the |
value as equalized or assessed by the Department of Revenue of
| ||
all taxable property of every school district, together with | ||
(i) the applicable
tax rate used in extending taxes for the | ||
funds of the district as of
September 30 of the previous year
| ||
and (ii) the limiting rate for all school
districts subject to | ||
property tax extension limitations as imposed under the
| ||
Property Tax Extension Limitation Law.
| ||
The Department of Revenue shall add to the equalized | ||
assessed value of all
taxable
property of each school district | ||
situated entirely or partially within a county
that is or was | ||
subject to the
provisions of Section 15-176 or 15-177 of the | ||
Property Tax Code (a)
an amount equal to the total amount by | ||
which the
homestead exemption allowed under Section 15-176 or | ||
15-177 of the Property Tax Code for
real
property situated in | ||
that school district exceeds the total amount that would
have | ||
been
allowed in that school district if the maximum reduction | ||
under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||
all other counties in tax year 2003 or (ii) $5,000 in all | ||
counties in tax year 2004 and thereafter and (b) an amount | ||
equal to the aggregate amount for the taxable year of all | ||
additional exemptions under Section 15-175 of the Property Tax | ||
Code for owners with a household income of $30,000 or less. The | ||
county clerk of any county that is or was subject to the | ||
provisions of Section 15-176 or 15-177 of the Property Tax Code | ||
shall
annually calculate and certify to the Department of | ||
Revenue for each school
district all
homestead exemption |
amounts under Section 15-176 or 15-177 of the Property Tax Code | ||
and all amounts of additional exemptions under Section 15-175 | ||
of the Property Tax Code for owners with a household income of | ||
$30,000 or less. It is the intent of this paragraph that if the | ||
general homestead exemption for a parcel of property is | ||
determined under Section 15-176 or 15-177 of the Property Tax | ||
Code rather than Section 15-175, then the calculation of | ||
Available Local Resources shall not be affected by the | ||
difference, if any, between the amount of the general homestead | ||
exemption allowed for that parcel of property under Section | ||
15-176 or 15-177 of the Property Tax Code and the amount that | ||
would have been allowed had the general homestead exemption for | ||
that parcel of property been determined under Section 15-175 of | ||
the Property Tax Code. It is further the intent of this | ||
paragraph that if additional exemptions are allowed under | ||
Section 15-175 of the Property Tax Code for owners with a | ||
household income of less than $30,000, then the calculation of | ||
Available Local Resources shall not be affected by the | ||
difference, if any, because of those additional exemptions.
| ||
This equalized assessed valuation, as adjusted further by | ||
the requirements of
this subsection, shall be utilized in the | ||
calculation of Available Local
Resources.
| ||
(2) The equalized assessed valuation in paragraph (1) shall | ||
be adjusted, as
applicable, in the following manner:
| ||
(a) For the purposes of calculating State aid under | ||
this Section,
with respect to any part of a school district |
within a redevelopment
project area in respect to which a | ||
municipality has adopted tax
increment allocation | ||
financing pursuant to the Tax Increment Allocation
| ||
Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | ||
of the Illinois
Municipal Code or the Industrial Jobs | ||
Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | ||
Illinois Municipal Code, no part of the current equalized
| ||
assessed valuation of real property located in any such | ||
project area which is
attributable to an increase above the | ||
total initial equalized assessed
valuation of such | ||
property shall be used as part of the equalized assessed
| ||
valuation of the district, until such time as all
| ||
redevelopment project costs have been paid, as provided in | ||
Section 11-74.4-8
of the Tax Increment Allocation | ||
Redevelopment Act or in Section 11-74.6-35 of
the | ||
Industrial Jobs Recovery Law. For the purpose of
the | ||
equalized assessed valuation of the
district, the total | ||
initial equalized assessed valuation or the current
| ||
equalized assessed valuation, whichever is lower, shall be | ||
used until
such time as all redevelopment project costs | ||
have been paid.
| ||
(b) The real property equalized assessed valuation for | ||
a school district
shall be adjusted by subtracting from the | ||
real property
value as equalized or assessed by the | ||
Department of Revenue for the
district an amount computed | ||
by dividing the amount of any abatement of
taxes under |
Section 18-170 of the Property Tax Code by 3.00% for a | ||
district
maintaining grades kindergarten through 12, by | ||
2.30% for a district
maintaining grades kindergarten | ||
through 8, or by 1.05% for a
district
maintaining grades 9 | ||
through 12 and adjusted by an amount computed by dividing
| ||
the amount of any abatement of taxes under subsection (a) | ||
of Section 18-165 of
the Property Tax Code by the same | ||
percentage rates for district type as
specified in this | ||
subparagraph (b).
| ||
(3) For the 1999-2000 school year and each school year | ||
thereafter, if a
school district meets all of the criteria of | ||
this subsection (G)(3), the school
district's Available Local | ||
Resources shall be calculated under subsection (D)
using the | ||
district's Extension Limitation Equalized Assessed Valuation | ||
as
calculated under this
subsection (G)(3).
| ||
For purposes of this subsection (G)(3) the following terms | ||
shall have
the following meanings:
| ||
"Budget Year": The school year for which general State | ||
aid is calculated
and
awarded under subsection (E).
| ||
"Base Tax Year": The property tax levy year used to | ||
calculate the Budget
Year
allocation of general State aid.
| ||
"Preceding Tax Year": The property tax levy year | ||
immediately preceding the
Base Tax Year.
| ||
"Base Tax Year's Tax Extension": The product of the | ||
equalized assessed
valuation utilized by the County Clerk | ||
in the Base Tax Year multiplied by the
limiting rate as |
calculated by the County Clerk and defined in the Property | ||
Tax
Extension Limitation Law.
| ||
"Preceding Tax Year's Tax Extension": The product of | ||
the equalized assessed
valuation utilized by the County | ||
Clerk in the Preceding Tax Year multiplied by
the Operating | ||
Tax Rate as defined in subsection (A).
| ||
"Extension Limitation Ratio": A numerical ratio, | ||
certified by the
County Clerk, in which the numerator is | ||
the Base Tax Year's Tax
Extension and the denominator is | ||
the Preceding Tax Year's Tax Extension.
| ||
"Operating Tax Rate": The operating tax rate as defined | ||
in subsection (A).
| ||
If a school district is subject to property tax extension | ||
limitations as
imposed under
the Property Tax Extension | ||
Limitation Law, the State Board of Education shall
calculate | ||
the Extension
Limitation
Equalized Assessed Valuation of that | ||
district. For the 1999-2000 school
year, the
Extension | ||
Limitation Equalized Assessed Valuation of a school district as
| ||
calculated by the State Board of Education shall be equal to | ||
the product of the
district's 1996 Equalized Assessed Valuation | ||
and the district's Extension
Limitation Ratio. For the | ||
2000-2001 school year and each school year
thereafter,
the | ||
Extension Limitation Equalized Assessed Valuation of a school | ||
district as
calculated by the State Board of Education shall be | ||
equal to the product of
the Equalized Assessed Valuation last | ||
used in the calculation of general State
aid and the
district's |
Extension Limitation Ratio. If the Extension Limitation
| ||
Equalized
Assessed Valuation of a school district as calculated | ||
under
this subsection (G)(3) is less than the district's | ||
equalized assessed valuation
as calculated pursuant to | ||
subsections (G)(1) and (G)(2), then for purposes of
calculating | ||
the district's general State aid for the Budget Year pursuant | ||
to
subsection (E), that Extension
Limitation Equalized | ||
Assessed Valuation shall be utilized to calculate the
| ||
district's Available Local Resources
under subsection (D).
| ||
Partial elementary unit districts created in accordance | ||
with Article 11E of this Code shall not be eligible for the | ||
adjustment in this subsection (G)(3) until the fifth year | ||
following the effective date of the reorganization.
| ||
(4) For the purposes of calculating general State aid for | ||
the 1999-2000
school year only, if a school district | ||
experienced a triennial reassessment on
the equalized assessed | ||
valuation used in calculating its general State
financial aid | ||
apportionment for the 1998-1999 school year, the State Board of
| ||
Education shall calculate the Extension Limitation Equalized | ||
Assessed Valuation
that would have been used to calculate the | ||
district's 1998-1999 general State
aid. This amount shall equal | ||
the product of the equalized assessed valuation
used to
| ||
calculate general State aid for the 1997-1998 school year and | ||
the district's
Extension Limitation Ratio. If the Extension | ||
Limitation Equalized Assessed
Valuation of the school district | ||
as calculated under this paragraph (4) is
less than the |
district's equalized assessed valuation utilized in | ||
calculating
the
district's 1998-1999 general State aid | ||
allocation, then for purposes of
calculating the district's | ||
general State aid pursuant to paragraph (5) of
subsection (E),
| ||
that Extension Limitation Equalized Assessed Valuation shall | ||
be utilized to
calculate the district's Available Local | ||
Resources.
| ||
(5) For school districts having a majority of their | ||
equalized assessed
valuation in any county except Cook, DuPage, | ||
Kane, Lake, McHenry, or Will, if
the amount of general State | ||
aid allocated to the school district for the
1999-2000 school | ||
year under the provisions of subsection (E), (H), and (J) of
| ||
this Section is less than the amount of general State aid | ||
allocated to the
district for the 1998-1999 school year under | ||
these subsections, then the
general
State aid of the district | ||
for the 1999-2000 school year only shall be increased
by the | ||
difference between these amounts. The total payments made under | ||
this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||
be prorated if they
exceed $14,000,000.
| ||
(H) Supplemental General State Aid.
| ||
(1) In addition to the general State aid a school district | ||
is allotted
pursuant to subsection (E), qualifying school | ||
districts shall receive a grant,
paid in conjunction with a | ||
district's payments of general State aid, for
supplemental | ||
general State aid based upon the concentration level of |
children
from low-income households within the school | ||
district.
Supplemental State aid grants provided for school | ||
districts under this
subsection shall be appropriated for | ||
distribution to school districts as part
of the same line item | ||
in which the general State financial aid of school
districts is | ||
appropriated under this Section.
If the appropriation in any | ||
fiscal year for general State aid and
supplemental general | ||
State aid is insufficient to pay the amounts required
under the | ||
general State aid and supplemental general State aid | ||
calculations,
then the
State Board of Education shall ensure | ||
that
each school district receives the full amount due for | ||
general State aid
and the remainder of the appropriation shall | ||
be used
for supplemental general State aid, which the State | ||
Board of Education shall
calculate and pay to eligible | ||
districts on a prorated basis.
| ||
(1.5) This paragraph (1.5) applies only to those school | ||
years
preceding the 2003-2004 school year.
For purposes of this
| ||
subsection (H), the term "Low-Income Concentration Level" | ||
shall be the
low-income
eligible pupil count from the most | ||
recently available federal census divided by
the Average Daily | ||
Attendance of the school district.
If, however, (i) the | ||
percentage decrease from the 2 most recent federal
censuses
in | ||
the low-income eligible pupil count of a high school district | ||
with fewer
than 400 students exceeds by 75% or more the | ||
percentage change in the total
low-income eligible pupil count | ||
of contiguous elementary school districts,
whose boundaries |
are coterminous with the high school district,
or (ii) a high | ||
school district within 2 counties and serving 5 elementary
| ||
school
districts, whose boundaries are coterminous with the | ||
high school
district, has a percentage decrease from the 2 most | ||
recent federal
censuses in the low-income eligible pupil count | ||
and there is a percentage
increase in the total low-income | ||
eligible pupil count of a majority of the
elementary school | ||
districts in excess of 50% from the 2 most recent
federal | ||
censuses, then
the
high school district's low-income eligible | ||
pupil count from the earlier federal
census
shall be the number | ||
used as the low-income eligible pupil count for the high
school | ||
district, for purposes of this subsection (H).
The changes made | ||
to this paragraph (1) by Public Act 92-28 shall apply to
| ||
supplemental general State aid
grants for school years | ||
preceding the 2003-2004 school year that are paid
in fiscal | ||
year 1999 or thereafter
and to
any State aid payments made in | ||
fiscal year 1994 through fiscal year
1998 pursuant to | ||
subsection 1(n) of Section 18-8 of this Code (which was
| ||
repealed on July 1, 1998), and any high school district that is | ||
affected by
Public Act 92-28 is
entitled to a
recomputation of | ||
its supplemental general State aid grant or State aid
paid in | ||
any of those fiscal years. This recomputation shall not be
| ||
affected by any other funding.
| ||
(1.10) This paragraph (1.10) applies to the 2003-2004 | ||
school year
and each school year thereafter. For purposes of | ||
this subsection (H), the
term "Low-Income Concentration Level" |
shall, for each fiscal year, be the
low-income eligible
pupil | ||
count
as of July 1 of the immediately preceding fiscal year
(as | ||
determined by the Department of Human Services based
on the | ||
number of pupils
who are eligible for at least one of the | ||
following
low income programs: Medicaid, KidCare, TANF, or Food | ||
Stamps,
excluding pupils who are eligible for services provided | ||
by the Department
of Children and Family Services,
averaged | ||
over
the 2 immediately preceding fiscal years for fiscal year | ||
2004 and over the 3
immediately preceding fiscal years for each | ||
fiscal year thereafter)
divided by the Average Daily Attendance | ||
of the school district.
| ||
(2) Supplemental general State aid pursuant to this | ||
subsection (H) shall
be
provided as follows for the 1998-1999, | ||
1999-2000, and 2000-2001 school years
only:
| ||
(a) For any school district with a Low Income | ||
Concentration Level of at
least 20% and less than 35%, the | ||
grant for any school year
shall be $800
multiplied by the | ||
low income eligible pupil count.
| ||
(b) For any school district with a Low Income | ||
Concentration Level of at
least 35% and less than 50%, the | ||
grant for the 1998-1999 school year shall be
$1,100 | ||
multiplied by the low income eligible pupil count.
| ||
(c) For any school district with a Low Income | ||
Concentration Level of at
least 50% and less than 60%, the | ||
grant for the 1998-99 school year shall be
$1,500 | ||
multiplied by the low income eligible pupil count.
|
(d) For any school district with a Low Income | ||
Concentration Level of 60%
or more, the grant for the | ||
1998-99 school year shall be $1,900 multiplied by
the low | ||
income eligible pupil count.
| ||
(e) For the 1999-2000 school year, the per pupil amount | ||
specified in
subparagraphs (b), (c), and (d) immediately | ||
above shall be increased to $1,243,
$1,600, and $2,000, | ||
respectively.
| ||
(f) For the 2000-2001 school year, the per pupil | ||
amounts specified in
subparagraphs (b), (c), and (d) | ||
immediately above shall be
$1,273, $1,640, and $2,050, | ||
respectively.
| ||
(2.5) Supplemental general State aid pursuant to this | ||
subsection (H)
shall be provided as follows for the 2002-2003 | ||
school year:
| ||
(a) For any school district with a Low Income | ||
Concentration Level of less
than 10%, the grant for each | ||
school year shall be $355 multiplied by the low
income | ||
eligible pupil count.
| ||
(b) For any school district with a Low Income | ||
Concentration
Level of at least 10% and less than 20%, the | ||
grant for each school year shall
be $675
multiplied by the | ||
low income eligible pupil
count.
| ||
(c) For any school district with a Low Income | ||
Concentration
Level of at least 20% and less than 35%, the | ||
grant for each school year shall
be $1,330
multiplied by |
the low income eligible pupil
count.
| ||
(d) For any school district with a Low Income | ||
Concentration
Level of at least 35% and less than 50%, the | ||
grant for each school year shall
be $1,362
multiplied by | ||
the low income eligible pupil
count.
| ||
(e) For any school district with a Low Income | ||
Concentration
Level of at least 50% and less than 60%, the | ||
grant for each school year shall
be $1,680
multiplied by | ||
the low income eligible pupil
count.
| ||
(f) For any school district with a Low Income | ||
Concentration
Level of 60% or more, the grant for each | ||
school year shall be $2,080
multiplied by the low income | ||
eligible pupil count.
| ||
(2.10) Except as otherwise provided, supplemental general | ||
State aid
pursuant to this subsection
(H) shall be provided as | ||
follows for the 2003-2004 school year and each
school year | ||
thereafter:
| ||
(a) For any school district with a Low Income | ||
Concentration
Level of 15% or less, the grant for each | ||
school year
shall be $355 multiplied by the low income | ||
eligible pupil count.
| ||
(b) For any school district with a Low Income | ||
Concentration
Level greater than 15%, the grant for each | ||
school year shall be
$294.25 added to the product of $2,700 | ||
and the square of the Low
Income Concentration Level, all | ||
multiplied by the low income
eligible pupil count.
|
For the 2003-2004 school year and each school year | ||
thereafter through the 2008-2009 2007-2008 school year only, | ||
the grant shall be no less than the
grant
for
the 2002-2003 | ||
school year. For the 2009-2010 2008-2009 school year only, the | ||
grant shall
be no
less than the grant for the 2002-2003 school | ||
year multiplied by 0.66. For the 2010-2011
2009-2010
school | ||
year only, the grant shall be no less than the grant for the | ||
2002-2003
school year
multiplied by 0.33. Notwithstanding the | ||
provisions of this paragraph to the contrary, if for any school | ||
year supplemental general State aid grants are prorated as | ||
provided in paragraph (1) of this subsection (H), then the | ||
grants under this paragraph shall be prorated.
| ||
For the 2003-2004 school year only, the grant shall be no | ||
greater
than the grant received during the 2002-2003 school | ||
year added to the
product of 0.25 multiplied by the difference | ||
between the grant amount
calculated under subsection (a) or (b) | ||
of this paragraph (2.10), whichever
is applicable, and the | ||
grant received during the 2002-2003 school year.
For the | ||
2004-2005 school year only, the grant shall be no greater than
| ||
the grant received during the 2002-2003 school year added to | ||
the
product of 0.50 multiplied by the difference between the | ||
grant amount
calculated under subsection (a) or (b) of this | ||
paragraph (2.10), whichever
is applicable, and the grant | ||
received during the 2002-2003 school year.
For the 2005-2006 | ||
school year only, the grant shall be no greater than
the grant | ||
received during the 2002-2003 school year added to the
product |
of 0.75 multiplied by the difference between the grant amount
| ||
calculated under subsection (a) or (b) of this paragraph | ||
(2.10), whichever
is applicable, and the grant received during | ||
the 2002-2003
school year.
| ||
(3) School districts with an Average Daily Attendance of | ||
more than 1,000
and less than 50,000 that qualify for | ||
supplemental general State aid pursuant
to this subsection | ||
shall submit a plan to the State Board of Education prior to
| ||
October 30 of each year for the use of the funds resulting from | ||
this grant of
supplemental general State aid for the | ||
improvement of
instruction in which priority is given to | ||
meeting the education needs of
disadvantaged children. Such | ||
plan shall be submitted in accordance with
rules and | ||
regulations promulgated by the State Board of Education.
| ||
(4) School districts with an Average Daily Attendance of | ||
50,000 or more
that qualify for supplemental general State aid | ||
pursuant to this subsection
shall be required to distribute | ||
from funds available pursuant to this Section,
no less than | ||
$261,000,000 in accordance with the following requirements:
| ||
(a) The required amounts shall be distributed to the | ||
attendance centers
within the district in proportion to the | ||
number of pupils enrolled at each
attendance center who are | ||
eligible to receive free or reduced-price lunches or
| ||
breakfasts under the federal Child Nutrition Act of 1966 | ||
and under the National
School Lunch Act during the | ||
immediately preceding school year.
|
(b) The distribution of these portions of supplemental | ||
and general State
aid among attendance centers according to | ||
these requirements shall not be
compensated for or | ||
contravened by adjustments of the total of other funds
| ||
appropriated to any attendance centers, and the Board of | ||
Education shall
utilize funding from one or several sources | ||
in order to fully implement this
provision annually prior | ||
to the opening of school.
| ||
(c) Each attendance center shall be provided by the
| ||
school district a distribution of noncategorical funds and | ||
other
categorical funds to which an attendance center is | ||
entitled under law in
order that the general State aid and | ||
supplemental general State aid provided
by application of | ||
this subsection supplements rather than supplants the
| ||
noncategorical funds and other categorical funds provided | ||
by the school
district to the attendance centers.
| ||
(d) Any funds made available under this subsection that | ||
by reason of the
provisions of this subsection are not
| ||
required to be allocated and provided to attendance centers | ||
may be used and
appropriated by the board of the district | ||
for any lawful school purpose.
| ||
(e) Funds received by an attendance center
pursuant to | ||
this
subsection shall be used
by the attendance center at | ||
the discretion
of the principal and local school council | ||
for programs to improve educational
opportunities at | ||
qualifying schools through the following programs and
|
services: early childhood education, reduced class size or | ||
improved adult to
student classroom ratio, enrichment | ||
programs, remedial assistance, attendance
improvement, and | ||
other educationally beneficial expenditures which
| ||
supplement
the regular and basic programs as determined by | ||
the State Board of Education.
Funds provided shall not be | ||
expended for any political or lobbying purposes
as defined | ||
by board rule.
| ||
(f) Each district subject to the provisions of this | ||
subdivision (H)(4)
shall submit an
acceptable plan to meet | ||
the educational needs of disadvantaged children, in
| ||
compliance with the requirements of this paragraph, to the | ||
State Board of
Education prior to July 15 of each year. | ||
This plan shall be consistent with the
decisions of local | ||
school councils concerning the school expenditure plans
| ||
developed in accordance with part 4 of Section 34-2.3. The | ||
State Board shall
approve or reject the plan within 60 days | ||
after its submission. If the plan is
rejected, the district | ||
shall give written notice of intent to modify the plan
| ||
within 15 days of the notification of rejection and then | ||
submit a modified plan
within 30 days after the date of the | ||
written notice of intent to modify.
Districts may amend | ||
approved plans pursuant to rules promulgated by the State
| ||
Board of Education.
| ||
Upon notification by the State Board of Education that | ||
the district has
not submitted a plan prior to July 15 or a |
modified plan within the time
period specified herein, the
| ||
State aid funds affected by that plan or modified plan | ||
shall be withheld by the
State Board of Education until a | ||
plan or modified plan is submitted.
| ||
If the district fails to distribute State aid to | ||
attendance centers in
accordance with an approved plan, the | ||
plan for the following year shall
allocate funds, in | ||
addition to the funds otherwise required by this
| ||
subsection, to those attendance centers which were | ||
underfunded during the
previous year in amounts equal to | ||
such underfunding.
| ||
For purposes of determining compliance with this | ||
subsection in relation
to the requirements of attendance | ||
center funding, each district subject to the
provisions of | ||
this
subsection shall submit as a separate document by | ||
December 1 of each year a
report of expenditure data for | ||
the prior year in addition to any
modification of its | ||
current plan. If it is determined that there has been
a | ||
failure to comply with the expenditure provisions of this | ||
subsection
regarding contravention or supplanting, the | ||
State Superintendent of
Education shall, within 60 days of | ||
receipt of the report, notify the
district and any affected | ||
local school council. The district shall within
45 days of | ||
receipt of that notification inform the State | ||
Superintendent of
Education of the remedial or corrective | ||
action to be taken, whether by
amendment of the current |
plan, if feasible, or by adjustment in the plan
for the | ||
following year. Failure to provide the expenditure report | ||
or the
notification of remedial or corrective action in a | ||
timely manner shall
result in a withholding of the affected | ||
funds.
| ||
The State Board of Education shall promulgate rules and | ||
regulations
to implement the provisions of this | ||
subsection. No funds shall be released
under this | ||
subdivision (H)(4) to any district that has not submitted a | ||
plan
that has been approved by the State Board of | ||
Education.
| ||
(I) (Blank).
| ||
(J) Supplementary Grants in Aid.
| ||
(1) Notwithstanding any other provisions of this Section, | ||
the amount of the
aggregate general State aid in combination | ||
with supplemental general State aid
under this Section for | ||
which
each school district is eligible shall be no
less than | ||
the amount of the aggregate general State aid entitlement that | ||
was
received by the district under Section
18-8 (exclusive of | ||
amounts received
under subsections 5(p) and 5(p-5) of that | ||
Section)
for the 1997-98 school year,
pursuant to the | ||
provisions of that Section as it was then in effect.
If a | ||
school district qualifies to receive a supplementary payment | ||
made under
this subsection (J), the amount
of the aggregate |
general State aid in combination with supplemental general
| ||
State aid under this Section
which that district is eligible to | ||
receive for each school year shall be no less than the amount | ||
of the aggregate
general State aid entitlement that was | ||
received by the district under
Section 18-8 (exclusive of | ||
amounts received
under subsections 5(p) and 5(p-5) of that | ||
Section)
for the 1997-1998 school year, pursuant to the | ||
provisions of that
Section as it was then in effect.
| ||
(2) If, as provided in paragraph (1) of this subsection | ||
(J), a school
district is to receive aggregate general State | ||
aid in
combination with supplemental general State aid under | ||
this Section for the 1998-99 school year and any subsequent | ||
school
year that in any such school year is less than the | ||
amount of the aggregate
general
State
aid entitlement that the | ||
district received for the 1997-98 school year, the
school | ||
district shall also receive, from a separate appropriation made | ||
for
purposes of this subsection (J), a supplementary payment | ||
that is equal to the
amount of the difference in the aggregate | ||
State aid figures as described in
paragraph (1).
| ||
(3) (Blank).
| ||
(K) Grants to Laboratory and Alternative Schools.
| ||
In calculating the amount to be paid to the governing board | ||
of a public
university that operates a laboratory school under | ||
this Section or to any
alternative school that is operated by a | ||
regional superintendent of schools,
the State
Board of |
Education shall require by rule such reporting requirements as | ||
it
deems necessary.
| ||
As used in this Section, "laboratory school" means a public | ||
school which is
created and operated by a public university and | ||
approved by the State Board of
Education. The governing board | ||
of a public university which receives funds
from the State | ||
Board under this subsection (K) may not increase the number of
| ||
students enrolled in its laboratory
school from a single | ||
district, if that district is already sending 50 or more
| ||
students, except under a mutual agreement between the school | ||
board of a
student's district of residence and the university | ||
which operates the
laboratory school. A laboratory school may | ||
not have more than 1,000 students,
excluding students with | ||
disabilities in a special education program.
| ||
As used in this Section, "alternative school" means a | ||
public school which is
created and operated by a Regional | ||
Superintendent of Schools and approved by
the State Board of | ||
Education. Such alternative schools may offer courses of
| ||
instruction for which credit is given in regular school | ||
programs, courses to
prepare students for the high school | ||
equivalency testing program or vocational
and occupational | ||
training. A regional superintendent of schools may contract
| ||
with a school district or a public community college district | ||
to operate an
alternative school. An alternative school serving | ||
more than one educational
service region may be established by | ||
the regional superintendents of schools
of the affected |
educational service regions. An alternative school
serving | ||
more than one educational service region may be operated under | ||
such
terms as the regional superintendents of schools of those | ||
educational service
regions may agree.
| ||
Each laboratory and alternative school shall file, on forms | ||
provided by the
State Superintendent of Education, an annual | ||
State aid claim which states the
Average Daily Attendance of | ||
the school's students by month. The best 3 months'
Average | ||
Daily Attendance shall be computed for each school.
The general | ||
State aid entitlement shall be computed by multiplying the
| ||
applicable Average Daily Attendance by the Foundation Level as | ||
determined under
this Section.
| ||
(L) Payments, Additional Grants in Aid and Other Requirements.
| ||
(1) For a school district operating under the financial | ||
supervision
of an Authority created under Article 34A, the | ||
general State aid otherwise
payable to that district under this | ||
Section, but not the supplemental general
State aid, shall be | ||
reduced by an amount equal to the budget for
the operations of | ||
the Authority as certified by the Authority to the State
Board | ||
of Education, and an amount equal to such reduction shall be | ||
paid
to the Authority created for such district for its | ||
operating expenses in
the manner provided in Section 18-11. The | ||
remainder
of general State school aid for any such district | ||
shall be paid in accordance
with Article 34A when that Article | ||
provides for a disposition other than that
provided by this |
Article.
| ||
(2) (Blank).
| ||
(3) Summer school. Summer school payments shall be made as | ||
provided in
Section 18-4.3.
| ||
(M) Education Funding Advisory Board.
| ||
The Education Funding Advisory
Board, hereinafter in this | ||
subsection (M) referred to as the "Board", is hereby
created. | ||
The Board
shall consist of 5 members who are appointed by the | ||
Governor, by and with the
advice and consent of the Senate. The | ||
members appointed shall include
representatives of education, | ||
business, and the general public. One of the
members so | ||
appointed shall be
designated by the Governor at the time the | ||
appointment is made as the
chairperson of the
Board.
The | ||
initial members of the Board may
be appointed any time after | ||
the effective date of this amendatory Act of
1997. The regular | ||
term of each member of the
Board shall be for 4 years from the | ||
third Monday of January of the
year in which the term of the | ||
member's appointment is to commence, except that
of the 5 | ||
initial members appointed to serve on the
Board, the member who | ||
is appointed as the chairperson shall serve for
a term that | ||
commences on the date of his or her appointment and expires on | ||
the
third Monday of January, 2002, and the remaining 4 members, | ||
by lots drawn at
the first meeting of the Board that is
held
| ||
after all 5 members are appointed, shall determine 2 of their | ||
number to serve
for terms that commence on the date of their
|
respective appointments and expire on the third
Monday of | ||
January, 2001,
and 2 of their number to serve for terms that | ||
commence
on the date of their respective appointments and | ||
expire on the third Monday
of January, 2000. All members | ||
appointed to serve on the
Board shall serve until their | ||
respective successors are
appointed and confirmed. Vacancies | ||
shall be filled in the same manner as
original appointments. If | ||
a vacancy in membership occurs at a time when the
Senate is not | ||
in session, the Governor shall make a temporary appointment | ||
until
the next meeting of the Senate, when he or she shall | ||
appoint, by and with the
advice and consent of the Senate, a | ||
person to fill that membership for the
unexpired term. If the | ||
Senate is not in session when the initial appointments
are | ||
made, those appointments shall
be made as in the case of | ||
vacancies.
| ||
The Education Funding Advisory Board shall be deemed | ||
established,
and the initial
members appointed by the Governor | ||
to serve as members of the
Board shall take office,
on the date | ||
that the
Governor makes his or her appointment of the fifth | ||
initial member of the
Board, whether those initial members are | ||
then serving
pursuant to appointment and confirmation or | ||
pursuant to temporary appointments
that are made by the | ||
Governor as in the case of vacancies.
| ||
The State Board of Education shall provide such staff | ||
assistance to the
Education Funding Advisory Board as is | ||
reasonably required for the proper
performance by the Board of |
its responsibilities.
| ||
For school years after the 2000-2001 school year, the | ||
Education
Funding Advisory Board, in consultation with the | ||
State Board of Education,
shall make recommendations as | ||
provided in this subsection (M) to the General
Assembly for the | ||
foundation level under subdivision (B)(3) of this Section and
| ||
for the
supplemental general State aid grant level under | ||
subsection (H) of this Section
for districts with high | ||
concentrations of children from poverty. The
recommended | ||
foundation level shall be determined based on a methodology | ||
which
incorporates the basic education expenditures of | ||
low-spending schools
exhibiting high academic performance. The | ||
Education Funding Advisory Board
shall make such | ||
recommendations to the General Assembly on January 1 of odd
| ||
numbered years, beginning January 1, 2001.
| ||
(N) (Blank).
| ||
(O) References.
| ||
(1) References in other laws to the various subdivisions of
| ||
Section 18-8 as that Section existed before its repeal and | ||
replacement by this
Section 18-8.05 shall be deemed to refer to | ||
the corresponding provisions of
this Section 18-8.05, to the | ||
extent that those references remain applicable.
| ||
(2) References in other laws to State Chapter 1 funds shall | ||
be deemed to
refer to the supplemental general State aid |
provided under subsection (H) of
this Section.
| ||
(P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||
changes to this Section. Under Section 6 of the Statute on | ||
Statutes there is an irreconcilable conflict between Public Act | ||
93-808 and Public Act 93-838. Public Act 93-838, being the last | ||
acted upon, is controlling. The text of Public Act 93-838 is | ||
the law regardless of the text of Public Act 93-808. | ||
(Source: P.A. 94-69, eff. 7-1-05; 94-438, eff. 8-4-05; 94-835, | ||
eff. 6-6-06; 94-1019, eff. 7-10-06; 94-1105, eff. 6-1-07; | ||
95-331, eff. 8-21-07; 95-644, eff. 10-12-07; 95-707, eff. | ||
1-11-08; revised 1-14-08.) | ||
Section 60. The Illinois Public Aid Code is amended by | ||
changing Sections 4-2, 5-5.4, 12-4.11, and 12-10.7 and by | ||
adding Sections 5-5.26, 12-10.7a, and 12-10.9 as follows:
| ||
(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
| ||
Sec. 4-2. Amount of aid.
| ||
(a) The amount and nature of financial aid shall be | ||
determined in accordance
with the grant amounts, rules and | ||
regulations of the Illinois Department. Due
regard shall be | ||
given to the self-sufficiency requirements of the family and to
| ||
the income, money contributions and other support and resources | ||
available, from
whatever source. However, the amount and nature | ||
of any financial aid is not
affected by the payment of any |
grant under the "Senior Citizens and Disabled
Persons Property | ||
Tax Relief and Pharmaceutical Assistance Act" or any
| ||
distributions or items of income described under subparagraph | ||
(X) of paragraph
(2) of subsection (a) of Section 203 of the | ||
Illinois Income Tax Act. The aid
shall be sufficient, when | ||
added to all other income, money contributions and
support to | ||
provide the family with a grant in the amount established by
| ||
Department regulation. Beginning July 1, 2008, the Department | ||
of Human Services shall increase TANF grant amounts in effect | ||
on June 30, 2008 by 9%.
| ||
(b) The Illinois Department may conduct special projects, | ||
which may be
known as Grant Diversion Projects, under which | ||
recipients of financial aid
under this Article are placed in | ||
jobs and their grants are diverted to the
employer who in turn | ||
makes payments to the recipients in the form of salary
or other | ||
employment benefits. The Illinois Department shall by rule | ||
specify
the terms and conditions of such Grant Diversion | ||
Projects. Such projects
shall take into consideration and be | ||
coordinated with the programs
administered under the Illinois | ||
Emergency Employment Development Act.
| ||
(c) The amount and nature of the financial aid for a child | ||
requiring
care outside his own home shall be determined in | ||
accordance with the rules
and regulations of the Illinois | ||
Department, with due regard to the needs
and requirements of | ||
the child in the foster home or institution in which
he has | ||
been placed.
|
(d) If the Department establishes grants for family units | ||
consisting
exclusively of a pregnant woman with no dependent | ||
child or including her
husband if living with her, the grant | ||
amount for such a unit
shall be equal to the grant amount for | ||
an assistance unit consisting of one
adult, or 2 persons if the | ||
husband is included. Other than as herein
described, an unborn | ||
child shall not be counted
in determining the size of an | ||
assistance unit or for calculating grants.
| ||
Payments for basic maintenance requirements of a child or | ||
children
and the relative with whom the child or children are | ||
living shall be
prescribed, by rule, by the Illinois | ||
Department.
| ||
Grants under this Article shall not be supplemented by | ||
General
Assistance provided under Article VI.
| ||
(e) Grants shall be paid to the parent or other person with | ||
whom the
child or children are living, except for such amount | ||
as is paid in
behalf of the child or his parent or other | ||
relative to other persons or
agencies pursuant to this Code or | ||
the rules and regulations of the
Illinois Department.
| ||
(f) Subject to subsection (f-5), an assistance unit, | ||
receiving
financial
aid under this Article or
temporarily | ||
ineligible to receive aid under this Article under a penalty
| ||
imposed by the Illinois Department for failure to comply with | ||
the eligibility
requirements or that voluntarily requests | ||
termination of financial assistance
under this Article and | ||
becomes subsequently eligible for assistance within 9
months, |
shall not receive any increase in the amount of aid solely on | ||
account
of the birth of a child; except that an increase is not | ||
prohibited when the
birth is (i) of a child of a pregnant woman
| ||
who became eligible for aid under this Article during the | ||
pregnancy,
or (ii) of a child born within 10 months after the | ||
date of implementation of
this subsection, or (iii) of a child | ||
conceived after a family became
ineligible for assistance due | ||
to income or marriage and at least 3 months of
ineligibility | ||
expired before any reapplication for assistance. This | ||
subsection
does not, however, prevent a unit from receiving a | ||
general increase in the
amount of aid that is provided to all | ||
recipients of aid under this Article.
| ||
The Illinois Department is authorized to transfer funds, | ||
and shall use any
budgetary savings attributable to not | ||
increasing the grants due to the births
of additional children, | ||
to supplement existing funding for employment and
training | ||
services for recipients of aid under this Article IV. The | ||
Illinois
Department shall target, to the extent the | ||
supplemental funding allows,
employment and training services | ||
to the families who do not receive a grant
increase after the | ||
birth of a child. In addition, the Illinois Department
shall | ||
provide, to the extent the supplemental funding allows, such | ||
families
with up to 24 months of transitional child care | ||
pursuant to Illinois Department
rules. All remaining | ||
supplemental funds shall be used for employment and
training | ||
services or transitional child care support.
|
In making the transfers authorized by this subsection, the | ||
Illinois
Department shall first determine, pursuant to | ||
regulations adopted by the
Illinois Department for this | ||
purpose, the amount of savings attributable to
not increasing | ||
the grants due to the births of additional children. Transfers
| ||
may be made from General Revenue Fund appropriations for | ||
distributive purposes
authorized by Article IV of this Code | ||
only to General Revenue Fund
appropriations for employability | ||
development services including operating
and administrative | ||
costs and related distributive purposes under Article
IXA of | ||
this Code. The Director, with the approval of the Governor, | ||
shall
certify the amount and affected line item appropriations | ||
to the State
Comptroller.
| ||
Nothing in this subsection shall be construed to prohibit | ||
the Illinois
Department from using funds under this Article IV | ||
to provide
assistance in the form of vouchers
that may be used | ||
to pay for goods and services deemed by the Illinois
| ||
Department, by rule, as suitable for the care of the child such | ||
as diapers,
clothing, school supplies, and cribs.
| ||
(f-5) Subsection (f) shall not apply to affect the monthly | ||
assistance
amount of
any family as a result of the birth of a | ||
child on or after January 1, 2004.
As resources permit after | ||
January 1, 2004, the Department may
cease applying subsection | ||
(f) to limit assistance to families receiving
assistance under | ||
this Article on January 1, 2004, with respect to children
born | ||
prior to that date. In any event, subsection (f) shall be |
completely
inoperative on and after July 1, 2007.
| ||
(g) (Blank).
| ||
(h) Notwithstanding any other provision of this Code, the | ||
Illinois
Department is authorized to reduce payment levels used | ||
to determine cash grants
under this Article after December 31 | ||
of any fiscal year if the Illinois
Department determines that | ||
the caseload upon which the appropriations for the
current | ||
fiscal year are based have increased by more than 5% and the
| ||
appropriation is not sufficient to ensure that
cash benefits | ||
under this Article do not exceed the amounts appropriated for
| ||
those cash benefits. Reductions in payment levels may be | ||
accomplished by
emergency rule under Section 5-45 of the | ||
Illinois Administrative Procedure Act,
except that the | ||
limitation on the number of emergency rules that may be adopted
| ||
in a 24-month period shall not apply and the provisions of | ||
Sections 5-115 and
5-125 of the Illinois Administrative | ||
Procedure Act shall not apply.
Increases in payment levels | ||
shall be accomplished only in accordance with
Section 5-40 of | ||
the Illinois Administrative Procedure Act. Before any rule
to | ||
increase payment levels
promulgated under this Section shall | ||
become effective, a joint resolution
approving the rule must be | ||
adopted by a roll call vote by a majority of the
members | ||
elected to each chamber of the General Assembly.
| ||
(Source: P.A. 92-111, eff. 1-1-02; 93-598, eff. 8-26-03.)
| ||
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
|
Sec. 5-5.4. Standards of Payment - Department of Healthcare | ||
and Family Services.
The Department of Healthcare and Family | ||
Services shall develop standards of payment of skilled
nursing | ||
and intermediate care services in facilities providing such | ||
services
under this Article which:
| ||
(1) Provide for the determination of a facility's payment
| ||
for skilled nursing and intermediate care services on a | ||
prospective basis.
The amount of the payment rate for all | ||
nursing facilities certified by the
Department of Public Health | ||
under the Nursing Home Care Act as Intermediate
Care for the | ||
Developmentally Disabled facilities, Long Term Care for Under | ||
Age
22 facilities, Skilled Nursing facilities, or Intermediate | ||
Care facilities
under the
medical assistance program shall be | ||
prospectively established annually on the
basis of historical, | ||
financial, and statistical data reflecting actual costs
from | ||
prior years, which shall be applied to the current rate year | ||
and updated
for inflation, except that the capital cost element | ||
for newly constructed
facilities shall be based upon projected | ||
budgets. The annually established
payment rate shall take | ||
effect on July 1 in 1984 and subsequent years. No rate
increase | ||
and no
update for inflation shall be provided on or after July | ||
1, 1994 and before
July 1, 2009 2008 , unless specifically | ||
provided for in this
Section.
The changes made by Public Act | ||
93-841
extending the duration of the prohibition against a rate | ||
increase or update for inflation are effective retroactive to | ||
July 1, 2004.
|
For facilities licensed by the Department of Public Health | ||
under the Nursing
Home Care Act as Intermediate Care for the | ||
Developmentally Disabled facilities
or Long Term Care for Under | ||
Age 22 facilities, the rates taking effect on July
1, 1998 | ||
shall include an increase of 3%. For facilities licensed by the
| ||
Department of Public Health under the Nursing Home Care Act as | ||
Skilled Nursing
facilities or Intermediate Care facilities, | ||
the rates taking effect on July 1,
1998 shall include an | ||
increase of 3% plus $1.10 per resident-day, as defined by
the | ||
Department. For facilities licensed by the Department of Public | ||
Health under the Nursing Home Care Act as Intermediate Care | ||
Facilities for the Developmentally Disabled or Long Term Care | ||
for Under Age 22 facilities, the rates taking effect on January | ||
1, 2006 shall include an increase of 3%.
For facilities | ||
licensed by the Department of Public Health under the Nursing | ||
Home Care Act as Intermediate Care Facilities for the | ||
Developmentally Disabled or Long Term Care for Under Age 22 | ||
facilities, the rates taking effect on January 1, 2009 shall | ||
include an increase sufficient to provide a $0.50 per hour wage | ||
increase for non-executive staff.
| ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as Intermediate Care for the | ||
Developmentally Disabled
facilities or Long Term Care for Under | ||
Age 22 facilities, the rates taking
effect on July 1, 1999 | ||
shall include an increase of 1.6% plus $3.00 per
resident-day, | ||
as defined by the Department. For facilities licensed by the
|
Department of Public Health under the Nursing Home Care Act as | ||
Skilled Nursing
facilities or Intermediate Care facilities, | ||
the rates taking effect on July 1,
1999 shall include an | ||
increase of 1.6% and, for services provided on or after
October | ||
1, 1999, shall be increased by $4.00 per resident-day, as | ||
defined by
the Department.
| ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as Intermediate Care for the | ||
Developmentally Disabled
facilities or Long Term Care for Under | ||
Age 22 facilities, the rates taking
effect on July 1, 2000 | ||
shall include an increase of 2.5% per resident-day,
as defined | ||
by the Department. For facilities licensed by the Department of
| ||
Public Health under the Nursing Home Care Act as Skilled | ||
Nursing facilities or
Intermediate Care facilities, the rates | ||
taking effect on July 1, 2000 shall
include an increase of 2.5% | ||
per resident-day, as defined by the Department.
| ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as skilled nursing facilities | ||
or intermediate care
facilities, a new payment methodology must | ||
be implemented for the nursing
component of the rate effective | ||
July 1, 2003. The Department of Public Aid
(now Healthcare and | ||
Family Services) shall develop the new payment methodology | ||
using the Minimum Data Set
(MDS) as the instrument to collect | ||
information concerning nursing home
resident condition | ||
necessary to compute the rate. The Department
shall develop the | ||
new payment methodology to meet the unique needs of
Illinois |
nursing home residents while remaining subject to the | ||
appropriations
provided by the General Assembly.
A transition | ||
period from the payment methodology in effect on June 30, 2003
| ||
to the payment methodology in effect on July 1, 2003 shall be | ||
provided for a
period not exceeding 3 years and 184 days after | ||
implementation of the new payment
methodology as follows:
| ||
(A) For a facility that would receive a lower
nursing | ||
component rate per patient day under the new system than | ||
the facility
received
effective on the date immediately | ||
preceding the date that the Department
implements the new | ||
payment methodology, the nursing component rate per | ||
patient
day for the facility
shall be held at
the level in | ||
effect on the date immediately preceding the date that the
| ||
Department implements the new payment methodology until a | ||
higher nursing
component rate of
reimbursement is achieved | ||
by that
facility.
| ||
(B) For a facility that would receive a higher nursing | ||
component rate per
patient day under the payment | ||
methodology in effect on July 1, 2003 than the
facility | ||
received effective on the date immediately preceding the | ||
date that the
Department implements the new payment | ||
methodology, the nursing component rate
per patient day for | ||
the facility shall be adjusted.
| ||
(C) Notwithstanding paragraphs (A) and (B), the | ||
nursing component rate per
patient day for the facility | ||
shall be adjusted subject to appropriations
provided by the |
General Assembly.
| ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as Intermediate Care for the | ||
Developmentally Disabled
facilities or Long Term Care for Under | ||
Age 22 facilities, the rates taking
effect on March 1, 2001 | ||
shall include a statewide increase of 7.85%, as
defined by the | ||
Department.
| ||
Notwithstanding any other provision of this Section, for | ||
facilities licensed by the Department of Public Health under | ||
the
Nursing Home Care Act as skilled nursing facilities or | ||
intermediate care
facilities, the numerator of the ratio used | ||
by the Department of Healthcare and Family Services to compute | ||
the rate payable under this Section using the Minimum Data Set | ||
(MDS) methodology shall incorporate the following annual | ||
amounts as the additional funds appropriated to the Department | ||
specifically to pay for rates based on the MDS nursing | ||
component methodology in excess of the funding in effect on | ||
December 31, 2006: | ||
(i) For rates taking effect January 1, 2007, | ||
$60,000,000. | ||
(ii) For rates taking effect January 1, 2008, | ||
$110,000,000. | ||
(iii) For rates taking effect January 1, 2009, | ||
$194,000,000. | ||
Notwithstanding any other provision of this Section, for | ||
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or | ||
intermediate care facilities, the support component of the | ||
rates taking effect on January 1, 2008 shall be computed using | ||
the most recent cost reports on file with the Department of | ||
Healthcare and Family Services no later than April 1, 2005, | ||
updated for inflation to January 1, 2006. | ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as Intermediate Care for the | ||
Developmentally Disabled
facilities or Long Term Care for Under | ||
Age 22 facilities, the rates taking
effect on April 1, 2002 | ||
shall include a statewide increase of 2.0%, as
defined by the | ||
Department.
This increase terminates on July 1, 2002;
beginning | ||
July 1, 2002 these rates are reduced to the level of the rates
| ||
in effect on March 31, 2002, as defined by the Department.
| ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as skilled nursing facilities | ||
or intermediate care
facilities, the rates taking effect on | ||
July 1, 2001 shall be computed using the most recent cost | ||
reports
on file with the Department of Public Aid no later than | ||
April 1, 2000,
updated for inflation to January 1, 2001. For | ||
rates effective July 1, 2001
only, rates shall be the greater | ||
of the rate computed for July 1, 2001
or the rate effective on | ||
June 30, 2001.
| ||
Notwithstanding any other provision of this Section, for | ||
facilities
licensed by the Department of Public Health under | ||
the Nursing Home Care Act
as skilled nursing facilities or |
intermediate care facilities, the Illinois
Department shall | ||
determine by rule the rates taking effect on July 1, 2002,
| ||
which shall be 5.9% less than the rates in effect on June 30, | ||
2002.
| ||
Notwithstanding any other provision of this Section, for | ||
facilities
licensed by the Department of Public Health under | ||
the Nursing Home Care Act as
skilled nursing
facilities or | ||
intermediate care facilities, if the payment methodologies | ||
required under Section 5A-12 and the waiver granted under 42 | ||
CFR 433.68 are approved by the United States Centers for | ||
Medicare and Medicaid Services, the rates taking effect on July | ||
1, 2004 shall be 3.0% greater than the rates in effect on June | ||
30, 2004. These rates shall take
effect only upon approval and
| ||
implementation of the payment methodologies required under | ||
Section 5A-12.
| ||
Notwithstanding any other provisions of this Section, for | ||
facilities licensed by the Department of Public Health under | ||
the Nursing Home Care Act as skilled nursing facilities or | ||
intermediate care facilities, the rates taking effect on | ||
January 1, 2005 shall be 3% more than the rates in effect on | ||
December 31, 2004.
| ||
Notwithstanding any other provision of this Section, for | ||
facilities licensed by the Department of Public Health under | ||
the Nursing Home Care Act as skilled nursing facilities or | ||
intermediate care facilities, effective January 1, 2009, the | ||
per diem support component of the rates effective on January 1, |
2008, computed using the most recent cost reports on file with | ||
the Department of Healthcare and Family Services no later than | ||
April 1, 2005, updated for inflation to January 1, 2006, shall | ||
be increased to the amount that would have been derived using | ||
standard Department of Healthcare and Family Services methods, | ||
procedures, and inflators. | ||
Notwithstanding any other provisions of this Section, for | ||
facilities licensed by the Department of Public Health under | ||
the Nursing Home Care Act as intermediate care facilities that | ||
are federally defined as Institutions for Mental Disease, a | ||
socio-development component rate equal to 6.6% of the | ||
facility's nursing component rate as of January 1, 2006 shall | ||
be established and paid effective July 1, 2006. The | ||
socio-development component of the rate shall be increased by a | ||
factor of 2.53 on the first day of the month that begins at | ||
least 45 days after January 11, 2008 (the effective date of | ||
Public Act 95-707). As of August 1, 2008, the socio-development | ||
component rate shall be equal to 6.6% of the facility's nursing | ||
component rate as of January 1, 2006, multiplied by a factor of | ||
3.53 the effective date of this amendatory Act of the 95th | ||
General Assembly . The Illinois Department may by rule adjust | ||
these socio-development component rates, but in no case may | ||
such rates be diminished.
| ||
For facilities
licensed
by the
Department of Public Health | ||
under the Nursing Home Care Act as Intermediate
Care for
the | ||
Developmentally Disabled facilities or as long-term care |
facilities for
residents under 22 years of age, the rates | ||
taking effect on July 1,
2003 shall
include a statewide | ||
increase of 4%, as defined by the Department.
| ||
For facilities licensed by the Department of Public Health | ||
under the
Nursing Home Care Act as Intermediate Care for the | ||
Developmentally Disabled
facilities or Long Term Care for Under | ||
Age 22 facilities, the rates taking
effect on the first day of | ||
the month that begins at least 45 days after the effective date | ||
of this amendatory Act of the 95th General Assembly shall | ||
include a statewide increase of 2.5%, as
defined by the | ||
Department. | ||
Notwithstanding any other provision of this Section, for | ||
facilities licensed by the Department of Public Health under | ||
the Nursing Home Care Act as skilled nursing facilities or | ||
intermediate care facilities, effective January 1, 2005, | ||
facility rates shall be increased by the difference between (i) | ||
a facility's per diem property, liability, and malpractice | ||
insurance costs as reported in the cost report filed with the | ||
Department of Public Aid and used to establish rates effective | ||
July 1, 2001 and (ii) those same costs as reported in the | ||
facility's 2002 cost report. These costs shall be passed | ||
through to the facility without caps or limitations, except for | ||
adjustments required under normal auditing procedures.
| ||
Rates established effective each July 1 shall govern | ||
payment
for services rendered throughout that fiscal year, | ||
except that rates
established on July 1, 1996 shall be |
increased by 6.8% for services
provided on or after January 1, | ||
1997. Such rates will be based
upon the rates calculated for | ||
the year beginning July 1, 1990, and for
subsequent years | ||
thereafter until June 30, 2001 shall be based on the
facility | ||
cost reports
for the facility fiscal year ending at any point | ||
in time during the previous
calendar year, updated to the | ||
midpoint of the rate year. The cost report
shall be on file | ||
with the Department no later than April 1 of the current
rate | ||
year. Should the cost report not be on file by April 1, the | ||
Department
shall base the rate on the latest cost report filed | ||
by each skilled care
facility and intermediate care facility, | ||
updated to the midpoint of the
current rate year. In | ||
determining rates for services rendered on and after
July 1, | ||
1985, fixed time shall not be computed at less than zero. The
| ||
Department shall not make any alterations of regulations which | ||
would reduce
any component of the Medicaid rate to a level | ||
below what that component would
have been utilizing in the rate | ||
effective on July 1, 1984.
| ||
(2) Shall take into account the actual costs incurred by | ||
facilities
in providing services for recipients of skilled | ||
nursing and intermediate
care services under the medical | ||
assistance program.
| ||
(3) Shall take into account the medical and psycho-social
| ||
characteristics and needs of the patients.
| ||
(4) Shall take into account the actual costs incurred by | ||
facilities in
meeting licensing and certification standards |
imposed and prescribed by the
State of Illinois, any of its | ||
political subdivisions or municipalities and by
the U.S. | ||
Department of Health and Human Services pursuant to Title XIX | ||
of the
Social Security Act.
| ||
The Department of Healthcare and Family Services
shall | ||
develop precise standards for
payments to reimburse nursing | ||
facilities for any utilization of
appropriate rehabilitative | ||
personnel for the provision of rehabilitative
services which is | ||
authorized by federal regulations, including
reimbursement for | ||
services provided by qualified therapists or qualified
| ||
assistants, and which is in accordance with accepted | ||
professional
practices. Reimbursement also may be made for | ||
utilization of other
supportive personnel under appropriate | ||
supervision.
| ||
(Source: P.A. 94-48, eff. 7-1-05; 94-85, eff. 6-28-05; 94-697, | ||
eff. 11-21-05; 94-838, eff. 6-6-06; 94-964, eff. 6-28-06; | ||
95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707, eff. | ||
1-11-08.)
| ||
(305 ILCS 5/5-5.26 new) | ||
Sec. 5-5.26. Multiple sclerosis; home services; waiver. | ||
The Department of Healthcare and Family Services shall apply | ||
for a waiver of federal law and regulations to the extent | ||
necessary to claim federal financial participation for medical | ||
assistance for services provided under the Department of Human | ||
Services' Home Services Program for persons with multiple |
sclerosis who are (i) over 60 years of age, and (ii) have | ||
assets not exceeding $17,500. In determining whether a person's | ||
assets meet this requirement, the Department must disregard | ||
retirement assets up to a total of $500,000 and disregard all | ||
life insurance assets.
| ||
(305 ILCS 5/12-4.11) (from Ch. 23, par. 12-4.11)
| ||
Sec. 12-4.11. Grant amounts. The Department,
with due | ||
regard for and subject to budgetary limitations, shall | ||
establish
grant amounts for each of the programs, by | ||
regulation. The grant amounts may
vary by program, size of | ||
assistance unit and geographic area.
| ||
Aid payments shall not be reduced except: (1) for changes | ||
in the cost of
items included in the grant amounts, or (2) for | ||
changes in the expenses of the
recipient, or (3) for changes in | ||
the income or resources available to the
recipient, or (4) for | ||
changes in grants resulting from adoption of a
consolidated | ||
grant amount. Beginning July 1, 2008, the Department of Human | ||
Services shall increase TANF grant amounts in effect on June | ||
30, 2008 by 9%.
| ||
In fixing standards to govern payments or reimbursements | ||
for funeral
and burial expenses, the Department shall establish | ||
a minimum allowable
amount of
not less than
$1,000 for | ||
Department payment of funeral services and not less than $500 | ||
for
Department payment of burial or cremation services. On | ||
January 1, 2006, July 1, 2006, and July 1, 2007, the Department |
shall increase the minimum reimbursement amount for funeral and | ||
burial expenses under this Section by a percentage equal to the | ||
percentage increase in the Consumer Price Index for All Urban | ||
Consumers, if any, during the 12 months immediately preceding | ||
that January 1 or July 1. In establishing the minimum
allowable
| ||
amount, the Department shall take into account the services
| ||
essential to a dignified, low-cost (i) funeral and (ii) burial | ||
or
cremation, including reasonable
amounts that may be | ||
necessary for
burial space and cemetery charges, and any | ||
applicable taxes or other
required governmental fees or | ||
charges. If no
person has agreed to pay the total cost of the | ||
(i) funeral and
(ii) burial or cremation
charges, the | ||
Department shall pay the vendor the actual costs of the (i)
| ||
funeral
and
(ii) burial or cremation, or the minimum allowable | ||
amount for each service as
established by
the Department, | ||
whichever is less, provided that the Department reduces its
| ||
payments by
the amount available from the following sources: | ||
the decedent's assets
and
available resources and the | ||
anticipated amounts of any death benefits available
to the
| ||
decedent's estate, and amounts paid and arranged to be paid by | ||
the
decedent's legally
responsible relatives. A legally | ||
responsible relative is expected to pay
(i) funeral and (ii) | ||
burial
or cremation expenses unless financially unable to do | ||
so.
| ||
Nothing contained in this Section or in any other Section | ||
of this
Code shall be construed to prohibit the Illinois |
Department (1) from
consolidating existing standards on the | ||
basis of any standards which are
or were in effect on, or | ||
subsequent to July 1, 1969, or (2) from
employing any | ||
consolidated standards in determining need for public
aid and | ||
the amount of money payment or grant for individual recipients
| ||
or recipient families.
| ||
(Source: P.A. 94-669, eff. 8-23-05.)
| ||
(305 ILCS 5/12-10.7)
| ||
Sec. 12-10.7. The Health and Human Services Medicaid Trust | ||
Fund. | ||
(a) The Health and Human Services Medicaid Trust Fund shall | ||
consist of (i) moneys appropriated or transferred into the | ||
Fund, pursuant to statute, (ii) federal financial | ||
participation moneys received pursuant to expenditures from | ||
the Fund, and (iii) the interest earned on moneys in the Fund. | ||
(b) Subject to appropriation, the moneys in the Fund shall | ||
be used by a State agency for such purposes as that agency may, | ||
by the appropriation language, be directed.
| ||
(c) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2007, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,500,000 from the Health | ||
and Human Services Medicaid Trust Fund to the Human Services | ||
Priority Capital Program Fund.
| ||
(d) In addition to any other transfers that may be provided |
for by law, on July 1, 2008, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,500,000 from the Health | ||
and Human Services Medicaid Trust Fund to the Human Services | ||
Priority Capital Program Fund. | ||
(Source: P.A. 95-707, eff. 1-11-08.) | ||
(305 ILCS 5/12-10.7a new)
| ||
Sec. 12-10.7a. The Money Follows the Person Budget Transfer | ||
Fund is hereby created as a special fund in the State treasury. | ||
(a) Notwithstanding any State law to the contrary, the | ||
following moneys shall be deposited into the Fund: | ||
(1) enhanced federal financial participation funds | ||
related to any spending under a Money Follows the Person | ||
demonstration project as approved by the federal Centers | ||
for Medicare and Medicaid Services on May 14, 2007, and as | ||
codified at 20 ILCS 2407/51 et seq., regardless of whether | ||
such spending occurred from the Money Follows the Person | ||
Budget Transfer Fund; | ||
(2) federal financial participation funds related to | ||
any spending under a Money Follows the Person demonstration | ||
project as approved by the federal Centers for Medicare and | ||
Medicaid Services on May 14, 2007, and as codified at 20 | ||
ILCS 2407/51 et seq., that occurred from the Money Follows | ||
the Person Budget Transfer Fund; | ||
(3) deposits made via the voucher-warrant process from |
institutional long-term care appropriations to the | ||
Department of Healthcare and Family Services and | ||
institutional developmentally disabled long-term care | ||
appropriations to the Department of Human Services; | ||
(4) deposits made via the voucher-warrant process from | ||
appropriation lines used to fund community-based services | ||
for individuals eligible for nursing facility level of care | ||
to the Department of Human Services, the Department on | ||
Aging, or the Department of Healthcare and Family Services; | ||
(5) interest earned on moneys in the Fund; and | ||
(6) all other moneys received by the Fund from any | ||
source. | ||
(b) Subject to appropriation, moneys in the Fund may be | ||
used by the Department of Healthcare and Family Services for | ||
reimbursement or payment for: | ||
(1) expenses related to rebalancing long-term care | ||
services between institutional and community-based | ||
settings as authorized under a Money Follows the Person | ||
demonstration project as approved by the federal Centers | ||
for Medicare and Medicaid Services on May 14, 2007, and as | ||
codified at 20 ILCS 2407/51 et seq.; | ||
(2) expenses for community-based services for | ||
individuals eligible for nursing facility level of care in | ||
the Department of Human Services, the Department on Aging, | ||
or the Department of Healthcare and Family Services to the | ||
extent the expenses reimbursed or paid are in excess of the |
amounts budgeted to those Departments each fiscal year for | ||
persons transitioning out of institutional long-term care | ||
settings under a Money Follows the Person demonstration | ||
project as approved by the federal Centers for Medicare and | ||
Medicaid Services on May 14, 2007, and as codified at 20 | ||
ILCS 2407/51 et seq.; | ||
(3) expenses for institutional long-term care services | ||
at the Department of Healthcare and Family Services to the | ||
extent that the expenses reimbursed or paid are for | ||
services in excess of the amount budgeted to the Department | ||
each fiscal year for persons who had or otherwise were | ||
expected to transition out of institutional long-term care | ||
settings under a Money Follows the Person demonstration | ||
project as approved by the federal Centers for Medicare and | ||
Medicaid Services on May 14, 2007, and as codified at 20 | ||
ILCS 2407/51 et seq.; and | ||
(4) expenses, including operational, administrative, | ||
and refund expenses, necessary to implement and operate a | ||
Money Follows the Person demonstration project as approved | ||
by the federal Centers for Medicare and Medicaid Services | ||
on May 14, 2007, and as codified at 20 ILCS 2407/51 et seq. | ||
Expenses reimbursed or paid on behalf of other agencies by | ||
the Department of Healthcare and Family Services under this | ||
subsection shall be pursuant to an interagency agreement and | ||
allowable under a Money Follows the Person demonstration | ||
project as approved by the federal Centers for Medicare and |
Medicaid Services on May 14, 2007, and as codified at 20 ILCS | ||
2407/51 et seq. | ||
(305 ILCS 5/12-10.9 new)
| ||
Sec. 12-10.9. Mental health services. The Department of | ||
Healthcare and Family Services shall utilize up to $2,000,000 | ||
of the Fiscal Year 2009 appropriations for federally defined | ||
Institutions for Mental Disease to pay providers of community | ||
mental health services that are certified by the Department of | ||
Human Services (DHS) and are located in DHS Division of Mental | ||
Health Region 1 North, for the provision of Resident Review | ||
Services, Targeted Case Management Services, Community | ||
Transition Services, Community Support Services, Assertive | ||
Community Treatment, Psychosocial Rehabilitation Services, and | ||
individually required ancillary mental health services, in an | ||
initiative parallel to the Money Follows the Person Rebalancing | ||
Demonstration targeting residents of federally defined | ||
Institutions for Mental Disease.
| ||
Section 70. 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 years | ||
2007 , and 2008 , and 2009
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. 94-839, eff. 6-6-06; 95-707, eff. 1-11-08.)
| ||
Section 999. Effective date. This Act takes effect July 1, | ||
2008. |