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Public Act 096-0959 |
SB3662 Enrolled |
LRB096 20410 HLH 36056 b |
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AN ACT concerning revenue.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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ARTICLE 1. SHORT TITLE; PURPOSE |
Section 1-1. Short title. This Act may be cited as the |
FY2011 Budget Implementation (Finance) Act. |
Section 1-5. Purpose. It is the purpose of this Act to make |
changes in State programs that are necessary to implement the |
Governor's Fiscal Year 2011 budget recommendations concerning |
finance. |
Section 1-10. Delegation of appropriations. |
(a) Notwithstanding any other Act to the contrary, if and |
only if House Bill 859 of the 96th General Assembly becomes |
law, then the Office of the Governor is authorized to delegate, |
through written notice to the Comptroller, all or a portion of |
the appropriations included in Sections 10 and 15 of Article 41 |
of House Bill 859 to any State agency, board, or commission. |
All amounts so delegated are limited to the purposes for which |
those moneys were appropriated in those Sections and shall be |
expended in accordance with all relevant laws, administrative |
rules, and audit standards and obligations that would apply had |
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the amounts been appropriated directly to the agency, board, or |
commission for that purpose. |
(b) This Section is repealed on June 30, 2011.
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ARTICLE 5. AMENDATORY PROVISIONS |
Section 5-15. The Legislative Commission Reorganization |
Act of 1984 is amended by changing Section 1-5 as follows: |
(25 ILCS 130/1-5) (from Ch. 63, par. 1001-5) |
Sec. 1-5. Composition of agencies; directors.
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(a)(1) Each legislative support services agency listed
in |
Section 1-3 is hereafter in this Section referred to as the |
Agency.
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(2) (Blank).
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(2.1) (Blank). |
(2.5) The Board of the Office of the Architect of the |
Capitol shall
consist of
the
Secretary and Assistant Secretary |
of the Senate and the Clerk and Assistant
Clerk of the House of |
Representatives.
When the Board has cast a tied vote concerning |
the design, implementation, or construction of a project within |
the legislative complex, as defined in Section 8A-15, the |
Architect of the Capitol may cast the tie-breaking vote. |
(3) The other legislative support services agencies shall |
each
consist of 12 members of the General Assembly, of whom 3 |
shall be appointed by
the President of the Senate, 3 shall be |
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appointed by the Minority Leader of the
Senate, 3 shall be |
appointed by the Speaker of the House of Representatives,
and 3 |
shall be appointed by the Minority Leader of the House of
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Representatives. All appointments shall be in writing and filed |
with the
Secretary of State as a public record.
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Members shall serve a 2-year term, and must be appointed by
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the Joint
Committee during the month of January in each |
odd-numbered year for terms
beginning February 1. Any vacancy |
in an Agency shall be filled by appointment
for the balance of |
the term in the same manner as the original appointment. A
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vacancy shall exist when a member no longer holds the elected |
legislative
office held at the time of the appointment or at |
the termination of the
member's legislative service.
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(b) (Blank).
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(c) During the month
of February of each odd-numbered year, |
the Joint Committee on
Legislative
Support Services shall |
select from the members of each agency, other than the
Office |
of the Architect of the Capitol, 2 co-chairmen and such
other |
officers as the Joint Committee deems necessary.
The
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co-chairmen of each Agency shall serve for a 2-year term,
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beginning February
1 of the odd-numbered year, and the 2 |
co-chairmen shall not be members of or
identified with the same |
house or the same political party. The co-chairmen
of the Board |
of the Office of the Architect of the Capitol shall be the
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Secretary of the Senate and the Clerk of the House of |
Representatives, each ex
officio.
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Each Agency shall meet twice annually or more often upon |
the call of the
chair or any 9 members (or any 3 members in the |
case of the Office of the
Architect of the Capitol). A quorum |
of the Agency shall consist of a
majority of
the appointed |
members.
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(d) Members of each Agency shall serve without |
compensation, but shall be
reimbursed for expenses incurred in |
carrying out the duties of the Agency
pursuant to rules and |
regulations adopted by the Joint Committee on
Legislative |
Support Services.
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(e) Beginning February 1, 1985, and every 2 years |
thereafter,
the Joint
Committee shall select an Executive |
Director who shall be the chief
executive officer and staff |
director of each Agency. The Executive Director
shall receive a |
salary as fixed by the Joint Committee and shall be authorized
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to employ and fix the compensation of necessary professional, |
technical
and secretarial staff and prescribe their duties, |
sign contracts, and issue
vouchers for the payment of |
obligations pursuant to rules and regulations
adopted by the |
Joint Committee on Legislative Support Services. The
Executive |
Director and other employees of the Agency shall not be subject
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to the Personnel Code.
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The executive director of the Office of the Architect of |
the Capitol shall
be known as the Architect of the Capitol.
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(Source: P.A. 93-632, eff. 2-1-04.) |
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Section 5-20. The State Finance Act is amended by changing |
Sections 6z-30, 6z-63, 6z-64, 6z-70, 8.3, 8.8, 8g, 8o, and 13.2 |
and by adding Sections 5.755 and 6p-8 as follows: |
(30 ILCS 105/5.755 new) |
Sec. 5.755. The Court of Claims Federal Recovery Victim |
Compensation Grant Fund. |
(30 ILCS 105/6p-8 new) |
Sec. 6p-8. Court of Claims Federal Recovery Victim |
Compensation Grant Fund. The Court of Claims Federal Recovery |
Victim Compensation Grant Fund is created as a special fund in |
the State treasury. The Fund shall consist of federal Victims |
of Crime Act grant funds awarded to the Court of Claims from |
the U.S. Department of Justice, Office of Justice Programs, |
Office for Victims of Crime for the payment of claims pursuant |
to the Crime Victims Compensation Act (740 ILCS 45/). All |
moneys in the Fund shall be used for payment of claims pursuant |
to the Crime Victims Compensation Act (740 ILCS 45/). The |
General Assembly may appropriate moneys from the Court of |
Claims Federal Recovery Victim Compensation Grant Fund to the |
Court of Claims for the purpose of payment of claims pursuant |
to the Crime Victims Compensation Act (740 ILCS 45/). |
(30 ILCS 105/6z-30) |
Sec. 6z-30. University of Illinois Hospital Services Fund. |
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(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 2010 ) , and in no event |
later than July 30, the State
Comptroller and the State |
Treasurer shall automatically transfer $30,000,000
from |
the General Revenue Fund to the University of Illinois |
Hospital Services
Fund. |
(1.5) Starting in fiscal year 2011, as soon as
possible |
after the beginning of each fiscal year, and in no event |
later than July 30, the State Comptroller and the State |
Treasurer shall automatically transfer $45,000,000 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 by the |
University of Illinois made pursuant to an
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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. |
(4) All other moneys received for the Fund from any
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other source, including interest earned thereon. |
(b) Moneys in the fund may be used by the Department of |
Healthcare and Family Services,
subject to appropriation and to |
an interagency agreement between that Department and the Board |
of Trustees of the University of Illinois, to reimburse the |
University of Illinois Hospital for
hospital and pharmacy |
services, to reimburse practitioners who are employed by the |
University of Illinois, to reimburse other health care |
facilities operated by the University of Illinois, and to pass |
through to the University of Illinois federal financial |
participation earned by the State as a result of expenditures |
made by the University of Illinois. |
(c) (Blank). |
(Source: P.A. 95-331, eff. 8-21-07; 95-744, eff. 7-18-08; |
96-45, eff. 7-15-09.) |
(30 ILCS 105/6z-63) |
Sec. 6z-63. The Professional Services Fund. |
(a) The Professional Services Fund is created as a |
revolving fund in the State treasury. The following moneys |
shall be deposited into the Fund: |
(1) amounts authorized for transfer to the Fund from |
the General Revenue Fund and other State funds (except for |
funds classified by the Comptroller as federal trust funds |
or State trust funds) pursuant to State law or Executive |
Order; |
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(2) federal funds received by the Department of Central |
Management Services (the "Department") as a result of |
expenditures from the Fund; |
(3) interest earned on moneys in the Fund; and |
(4) receipts or inter-fund transfers resulting from |
billings issued by the Department to State agencies for the |
cost of professional services rendered by the Department |
that are not compensated through the specific fund |
transfers authorized by this Section. |
(b) Moneys in the Fund may be used by the Department for |
reimbursement or payment for: |
(1) providing professional services to State agencies |
or other State entities; |
(2) rendering other services to State agencies at the |
Governor's direction or to other State entities upon |
agreement between the Director of Central Management |
Services and the appropriate official or governing body of |
the other State entity; or |
(3) providing for payment of administrative and other |
expenses incurred by the Department in providing |
professional services. |
(c) State agencies or other State entities may direct the |
Comptroller to process inter-fund
transfers or make payment |
through the voucher and warrant process to the Professional |
Services Fund in satisfaction of billings issued under |
subsection (a) of this Section. |
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(d) Reconciliation. For the fiscal year beginning on July |
1, 2004 only, the Director of Central Management Services (the |
"Director") shall order that each State agency's payments and |
transfers made to the Fund be reconciled with actual Fund costs |
for professional services provided by the Department on no less |
than an annual basis. The Director may require reports from |
State agencies as deemed necessary to perform this |
reconciliation. |
(e) The following amounts are authorized for transfer into |
the
Professional Services Fund for the fiscal year beginning |
July 1, 2004: |
General Revenue Fund ...........................$5,440,431 |
Road Fund ........................................$814,468 |
Motor Fuel Tax Fund ..............................$263,500 |
Child Support Administrative Fund ................$234,013 |
Professions Indirect Cost Fund ...................$276,800 |
Capital Development Board Revolving Fund .........$207,610 |
Bank & Trust Company Fund ........................$200,214 |
State Lottery Fund ...............................$193,691 |
Insurance Producer Administration Fund ...........$174,672 |
Insurance Financial Regulation Fund ..............$168,327 |
Illinois Clean Water Fund ........................$124,675 |
Clean Air Act (CAA) Permit Fund ...................$91,803 |
Statistical Services Revolving Fund ...............$90,959 |
Financial Institution Fund .......................$109,428 |
Horse Racing Fund .................................$71,127 |
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Health Insurance Reserve Fund .....................$66,577 |
Solid Waste Management Fund .......................$61,081 |
Guardianship and Advocacy Fund .....................$1,068 |
Agricultural Premium Fund ............................$493 |
Wildlife and Fish Fund ...............................$247 |
Radiation Protection Fund .........................$33,277 |
Nuclear Safety Emergency Preparedness Fund ........$25,652 |
Tourism Promotion Fund ............................$6,814
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All of these transfers shall be made on July 1, 2004, or as |
soon thereafter as practical. These transfers shall be made |
notwithstanding any other provision of State law to the |
contrary.
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(e-5) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2005 and through June 30, |
2006, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification from the |
Director of Central Management Services, the State Comptroller |
shall direct and the State Treasurer shall transfer amounts |
into the Professional Services Fund from the designated funds |
not exceeding the following totals:
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Food and Drug Safety Fund ..........................$3,249 |
Financial Institution Fund ........................$12,942 |
General Professions Dedicated Fund .................$8,579 |
Illinois Department of Agriculture |
Laboratory
Services Revolving Fund ...........$1,963 |
Illinois Veterans' Rehabilitation Fund ............$11,275 |
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State Boating Act Fund ............................$27,000 |
State Parks Fund ..................................$22,007 |
Agricultural Premium Fund .........................$59,483 |
Fire Prevention Fund ..............................$29,862 |
Mental Health Fund ................................$78,213 |
Illinois State Pharmacy Disciplinary Fund ..........$2,744 |
Radiation Protection Fund .........................$16,034 |
Solid Waste Management Fund .......................$37,669 |
Illinois Gaming Law Enforcement Fund ...............$7,260 |
Subtitle D Management Fund .........................$4,659 |
Illinois State Medical Disciplinary Fund ...........$8,602 |
Department of Children and |
Family Services Training Fund .................$29,906 |
Facility Licensing Fund ............................$1,083 |
Youth Alcoholism and Substance |
Abuse Prevention Fund ..........................$2,783 |
Plugging and Restoration Fund ......................$1,105 |
State Crime Laboratory Fund ........................$1,353 |
Motor Vehicle Theft Prevention Trust Fund ..........$9,190 |
Weights and Measures Fund ..........................$4,932 |
Solid Waste Management Revolving |
Loan Fund ......................................$2,735 |
Illinois School Asbestos Abatement Fund ............$2,166 |
Violence Prevention Fund ...........................$5,176 |
Capital Development Board Revolving Fund ..........$14,777 |
DCFS Children's Services Fund ..................$1,256,594 |
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State Police DUI Fund ..............................$1,434 |
Illinois Health Facilities Planning Fund ...........$3,191 |
Emergency Public Health Fund .......................$7,996 |
Fair and Exposition Fund ...........................$3,732 |
Nursing Dedicated and Professional Fund ............$5,792 |
Optometric Licensing and Disciplinary Board Fund ...$1,032 |
Underground Resources Conservation Enforcement Fund .$1,221 |
State Rail Freight Loan Repayment Fund .............$6,434 |
Drunk and Drugged Driving Prevention Fund ..........$5,473 |
Illinois Affordable Housing Trust Fund ...........$118,222 |
Community Water Supply Laboratory Fund ............$10,021 |
Used Tire Management Fund .........................$17,524 |
Natural Areas Acquisition Fund ....................$15,501 |
Open Space Lands Acquisition |
and Development Fund ..........................$49,105 |
Working Capital Revolving Fund ...................$126,344 |
State Garage Revolving Fund .......................$92,513 |
Statistical Services Revolving Fund ..............$181,949 |
Paper and Printing Revolving Fund ..................$3,632 |
Air Transportation Revolving Fund ..................$1,969 |
Communications Revolving Fund ....................$304,278 |
Environmental Laboratory Certification Fund ........$1,357 |
Public Health Laboratory Services Revolving Fund ...$5,892 |
Provider Inquiry Trust Fund ........................$1,742 |
Lead Poisoning Screening, |
Prevention, and Abatement Fund .................$8,200 |
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Drug Treatment Fund ...............................$14,028 |
Feed Control Fund ..................................$2,472 |
Plumbing Licensure and Program Fund ................$3,521 |
Insurance Premium Tax Refund Fund ..................$7,872 |
Tax Compliance and Administration Fund .............$5,416 |
Appraisal Administration Fund ......................$2,924 |
Trauma Center Fund ................................$40,139 |
Alternate Fuels Fund ...............................$1,467 |
Illinois State Fair Fund ..........................$13,844 |
State Asset Forfeiture Fund ........................$8,210 |
Federal Asset Forfeiture Fund ......................$6,471 |
Department of Corrections Reimbursement |
and Education Fund ............................$78,965 |
Health Facility Plan Review Fund ...................$3,444 |
LEADS Maintenance Fund .............................$6,075 |
State Offender DNA Identification |
System Fund ....................................$1,712 |
Illinois Historic Sites Fund .......................$4,511 |
Public Pension Regulation Fund .....................$2,313 |
Workforce, Technology, and Economic |
Development Fund ...............................$5,357 |
Renewable Energy Resources Trust Fund .............$29,920 |
Energy Efficiency Trust Fund .......................$8,368 |
Pesticide Control Fund .............................$6,687 |
Conservation 2000 Fund ............................$30,764 |
Wireless Carrier Reimbursement Fund ...............$91,024 |
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International Tourism Fund ........................$13,057 |
Public Transportation Fund .......................$701,837 |
Horse Racing Fund .................................$18,589 |
Death Certificate Surcharge Fund ...................$1,901 |
State Police Wireless Service |
Emergency Fund .................................$1,012 |
Downstate Public Transportation Fund .............$112,085 |
Motor Carrier Safety Inspection Fund ...............$6,543 |
State Police Whistleblower Reward |
and Protection Fund ............................$1,894 |
Illinois Standardbred Breeders Fund ................$4,412 |
Illinois Thoroughbred Breeders Fund ................$6,635 |
Illinois Clean Water Fund .........................$17,579 |
Independent Academic Medical Center Fund ...........$5,611 |
Child Support Administrative Fund ................$432,527 |
Corporate Headquarters Relocation |
Assistance Fund ................................$4,047 |
Local Initiative Fund .............................$58,762 |
Tourism Promotion Fund ............................$88,072 |
Digital Divide Elimination Fund ...................$11,593 |
Presidential Library and Museum Operating Fund .....$4,624 |
Metro-East Public Transportation Fund .............$47,787 |
Medical Special Purposes Trust Fund ...............$11,779 |
Dram Shop Fund ....................................$11,317 |
Illinois State Dental Disciplinary Fund ............$1,986 |
Hazardous Waste Research Fund ......................$1,333 |
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Real Estate License Administration Fund ...........$10,886 |
Traffic and Criminal Conviction |
Surcharge Fund ................................$44,798 |
Criminal Justice Information |
Systems Trust Fund .............................$5,693 |
Design Professionals Administration |
and Investigation Fund .........................$2,036 |
State Surplus Property Revolving Fund ..............$6,829 |
Illinois Forestry Development Fund .................$7,012 |
State Police Services Fund ........................$47,072 |
Youth Drug Abuse Prevention Fund ...................$1,299 |
Metabolic Screening and Treatment Fund ............$15,947 |
Insurance Producer Administration Fund ............$30,870 |
Coal Technology Development Assistance Fund .......$43,692 |
Rail Freight Loan Repayment Fund ...................$1,016 |
Low-Level Radioactive Waste |
Facility
Development and Operation Fund ......$1,989 |
Environmental Protection Permit and Inspection Fund .$32,125 |
Park and Conservation Fund ........................$41,038 |
Local Tourism Fund ................................$34,492 |
Illinois Capital Revolving Loan Fund ..............$10,624 |
Illinois Equity Fund ...............................$1,929 |
Large Business Attraction Fund .....................$5,554 |
Illinois Beach Marina Fund .........................$5,053 |
International and Promotional Fund .................$1,466 |
Public Infrastructure Construction |
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Loan Revolving Fund ............................$3,111 |
Insurance Financial Regulation Fund ...............$42,575 |
Total
$4,975,487
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(e-7) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2006 and through June 30, |
2007, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification from the |
Director of Central Management Services, the State Comptroller |
shall direct and the State Treasurer shall transfer amounts |
into the Professional Services Fund from the designated funds |
not exceeding the following totals: |
Food and Drug Safety Fund ..........................$3,300 |
Financial Institution Fund ........................$13,000 |
General Professions Dedicated Fund .................$8,600 |
Illinois Department of Agriculture |
Laboratory Services Revolving Fund .............$2,000 |
Illinois Veterans' Rehabilitation Fund ............$11,300 |
State Boating Act Fund ............................$27,200 |
State Parks Fund ..................................$22,100 |
Agricultural Premium Fund .........................$59,800 |
Fire Prevention Fund ..............................$30,000 |
Mental Health Fund ................................$78,700 |
Illinois State Pharmacy Disciplinary Fund ..........$2,800 |
Radiation Protection Fund .........................$16,100 |
Solid Waste Management Fund .......................$37,900 |
Illinois Gaming Law Enforcement Fund ...............$7,300 |
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Subtitle D Management Fund .........................$4,700 |
Illinois State Medical Disciplinary Fund ...........$8,700 |
Facility Licensing Fund ............................$1,100 |
Youth Alcoholism and |
Substance Abuse Prevention Fund ................$2,800 |
Plugging and Restoration Fund ......................$1,100 |
State Crime Laboratory Fund ........................$1,400 |
Motor Vehicle Theft Prevention Trust Fund ..........$9,200 |
Weights and Measures Fund ..........................$5,000 |
Illinois School Asbestos Abatement Fund ............$2,200 |
Violence Prevention Fund ...........................$5,200 |
Capital Development Board Revolving Fund ..........$14,900 |
DCFS Children's Services Fund ..................$1,294,000 |
State Police DUI Fund ..............................$1,400 |
Illinois Health Facilities Planning Fund ...........$3,200 |
Emergency Public Health Fund .......................$8,000 |
Fair and Exposition Fund ...........................$3,800 |
Nursing Dedicated and Professional Fund ............$5,800 |
Optometric Licensing and Disciplinary Board Fund ...$1,000 |
Underground Resources Conservation |
Enforcement Fund ...............................$1,200 |
State Rail Freight Loan Repayment Fund .............$6,500 |
Drunk and Drugged Driving Prevention Fund ..........$5,500 |
Illinois Affordable Housing Trust Fund ...........$118,900 |
Community Water Supply Laboratory Fund ............$10,100 |
Used Tire Management Fund .........................$17,600 |
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Natural Areas Acquisition Fund ....................$15,600 |
Open Space Lands Acquisition |
and Development Fund ..........................$49,400 |
Working Capital Revolving Fund ...................$127,100 |
State Garage Revolving Fund .......................$93,100 |
Statistical Services Revolving Fund ..............$183,000 |
Paper and Printing Revolving Fund ..................$3,700 |
Air Transportation Revolving Fund ..................$2,000 |
Communications Revolving Fund ....................$306,100 |
Environmental Laboratory Certification Fund ........$1,400 |
Public Health Laboratory Services |
Revolving Fund .................................$5,900 |
Provider Inquiry Trust Fund ........................$1,800 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund .............................$8,200 |
Drug Treatment Fund ...............................$14,100 |
Feed Control Fund ..................................$2,500 |
Plumbing Licensure and Program Fund ................$3,500 |
Insurance Premium Tax Refund Fund ..................$7,900 |
Tax Compliance and Administration Fund .............$5,400 |
Appraisal Administration Fund ......................$2,900 |
Trauma Center Fund ................................$40,400 |
Alternate Fuels Fund ..............................$1,500
|
Illinois State Fair Fund ..........................$13,900 |
State Asset Forfeiture Fund ........................$8,300 |
Department of Corrections |
|
Reimbursement and Education Fund ..............$79,400 |
Health Facility Plan Review Fund ...................$3,500 |
LEADS Maintenance Fund .............................$6,100 |
State Offender DNA Identification System Fund ......$1,700 |
Illinois Historic Sites Fund .......................$4,500 |
Public Pension Regulation Fund .....................$2,300 |
Workforce, Technology, and Economic |
Development Fund ...............................$5,400 |
Renewable Energy Resources Trust Fund .............$30,100 |
Energy Efficiency Trust Fund .......................$8,400 |
Pesticide Control Fund .............................$6,700 |
Conservation 2000 Fund ............................$30,900 |
Wireless Carrier Reimbursement Fund ...............$91,600 |
International Tourism Fund ........................$13,100 |
Public Transportation Fund .......................$705,900 |
Horse Racing Fund .................................$18,700 |
Death Certificate Surcharge Fund ...................$1,900 |
State Police Wireless Service Emergency Fund .......$1,000 |
Downstate Public Transportation Fund .............$112,700 |
Motor Carrier Safety Inspection Fund ...............$6,600 |
State Police Whistleblower |
Reward and Protection Fund .....................$1,900 |
Illinois Standardbred Breeders Fund ................$4,400 |
Illinois Thoroughbred Breeders Fund ................$6,700 |
Illinois Clean Water Fund .........................$17,700 |
Child Support Administrative Fund ................$435,100 |
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Tourism Promotion Fund ............................$88,600 |
Digital Divide Elimination Fund ...................$11,700 |
Presidential Library and Museum Operating Fund .....$4,700 |
Metro-East Public Transportation Fund .............$48,100 |
Medical Special Purposes Trust Fund ...............$11,800 |
Dram Shop Fund ....................................$11,400 |
Illinois State Dental Disciplinary Fund ............$2,000 |
Hazardous Waste Research Fund ......................$1,300 |
Real Estate License Administration Fund ...........$10,900 |
Traffic and Criminal Conviction Surcharge Fund ....$45,100 |
Criminal Justice Information Systems Trust Fund ....$5,700 |
Design Professionals Administration |
and Investigation Fund .........................$2,000 |
State Surplus Property Revolving Fund ..............$6,900 |
State Police Services Fund ........................$47,300 |
Youth Drug Abuse Prevention Fund ...................$1,300 |
Metabolic Screening and Treatment Fund ............$16,000 |
Insurance Producer Administration Fund ............$31,100 |
Coal Technology Development Assistance Fund .......$43,900 |
Low-Level Radioactive Waste Facility |
Development and Operation Fund .................$2,000 |
Environmental Protection Permit |
and Inspection Fund ...........................$32,300 |
Park and Conservation Fund ........................$41,300 |
Local Tourism Fund ................................$34,700 |
Illinois Capital Revolving Loan Fund ..............$10,700 |
|
Illinois Equity Fund ...............................$1,900 |
Large Business Attraction Fund .....................$5,600 |
Illinois Beach Marina Fund .........................$5,100 |
International and Promotional Fund .................$1,500 |
Public Infrastructure Construction |
Loan Revolving Fund ............................$3,100 |
Insurance Financial Regulation Fund ..............$42,800
|
Total $4,918,200
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(e-10) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, on the first day of each calendar quarter |
of the fiscal year beginning July 1, 2005, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer from each designated fund |
into the Professional Services Fund amounts equal to one-fourth |
of each of the following totals:
|
General Revenue Fund ...........................$4,440,000 |
Road Fund ......................................$5,324,411 |
Total $9,764,411
|
(e-15) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, the State Comptroller shall direct and the |
State Treasurer shall transfer from the funds specified into |
the Professional Services Fund according to the schedule |
specified herein as follows:
|
General Revenue Fund ..........................$4,466,000
|
|
Road Fund .....................................$5,355,500
|
Total $9,821,500
|
One-fourth of the specified amount shall be transferred on |
each of July 1 and October 1, 2006, or as soon as may be |
practical thereafter, and one-half of the specified amount |
shall be transferred on January 1, 2007, or as soon as may be |
practical thereafter.
|
(e-20) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2010 and through June 30, |
2011, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification from the |
Director of Central Management Services, the State Comptroller |
shall direct and the State Treasurer shall transfer amounts |
into the Professional Services Fund from the designated funds |
not exceeding the following totals: |
Grade Crossing Protection Fund ...................$55,300 |
Financial Institution Fund .......................$10,000 |
General Professions Dedicated Fund ...............$11,600 |
Illinois Veterans' Rehabilitation Fund ...........$10,800 |
State Boating Act Fund ...........................$23,500 |
State Parks Fund .................................$21,200 |
Agricultural Premium Fund ........................$55,400 |
Fire Prevention Fund .............................$46,100 |
Mental Health Fund ...............................$45,200 |
Illinois State Pharmacy Disciplinary Fund ...........$300 |
Radiation Protection Fund ........................$12,900 |
|
Solid Waste Management Fund ......................$48,100 |
Illinois Gaming Law Enforcement Fund ..............$2,900 |
Subtitle D Management Fund ........................$6,300 |
Illinois State Medical Disciplinary Fund ..........$9,200 |
Weights and Measures Fund .........................$6,700 |
Violence Prevention Fund ..........................$4,000 |
Capital Development Board Revolving Fund ..........$7,900 |
DCFS Children's Services Fund ...................$804,800 |
Illinois Health Facilities Planning Fund ..........$4,000 |
Emergency Public Health Fund ......................$7,600 |
Nursing Dedicated and Professional Fund ...........$5,600 |
State Rail Freight Loan Repayment Fund ............$1,700 |
Drunk and Drugged Driving Prevention Fund .........$4,600 |
Community Water Supply Laboratory Fund ............$3,100 |
Used Tire Management Fund ........................$15,200 |
Natural Areas Acquisition Fund ...................$33,400 |
Open Space Lands Acquisition |
and Development Fund .........................$62,100 |
Working Capital Revolving Fund ...................$91,700 |
State Garage Revolving Fund ......................$89,600 |
Statistical Services Revolving Fund .............$277,700 |
Communications Revolving Fund ...................$248,100 |
Facilities Management Revolving Fund ............$472,600 |
Public Health Laboratory Services |
Revolving Fund ................................$5,900 |
Lead Poisoning Screening, Prevention, |
|
and Abatement Fund ............................$7,900 |
Drug Treatment Fund ...............................$8,700 |
Tax Compliance and Administration Fund ............$8,300 |
Trauma Center Fund ...............................$34,800 |
Illinois State Fair Fund .........................$12,700 |
Department of Corrections |
Reimbursement and Education Fund .............$77,600 |
Illinois Historic Sites Fund ......................$4,200 |
Pesticide Control Fund ............................$7,000 |
Partners for Conservation Fund ...................$25,000 |
International Tourism Fund .......................$14,100 |
Horse Racing Fund ................................$14,800 |
Motor Carrier Safety Inspection Fund ..............$4,500 |
Illinois Standardbred Breeders Fund ...............$3,400 |
Illinois Thoroughbred Breeders Fund ...............$5,200 |
Illinois Clean Water Fund ........................$19,400 |
Child Support Administrative Fund ...............$398,000 |
Tourism Promotion Fund ...........................$75,300 |
Digital Divide Elimination Fund ..................$11,800 |
Presidential Library and Museum Operating Fund ...$25,900 |
Medical Special Purposes Trust Fund ..............$10,800 |
Dram Shop Fund ...................................$12,700 |
Cycle Rider Safety Training Fund ..................$7,100 |
State Police Services Fund .......................$43,600 |
Metabolic Screening and Treatment Fund ...........$23,900 |
Insurance Producer Administration Fund ...........$16,800 |
|
Coal Technology Development Assistance Fund ......$43,700 |
Environmental Protection Permit |
and Inspection Fund ..........................$21,600 |
Park and Conservation Fund .......................$38,100 |
Local Tourism Fund ...............................$31,800 |
Illinois Capital Revolving Loan Fund ..............$5,800 |
Large Business Attraction Fund ......................$300 |
Adeline Jay Geo-Karis Illinois |
Beach Marina Fund .............................$5,000 |
Insurance Financial Regulation Fund ..............$23,000 |
Total $3,547,900 |
(e-25) Notwithstanding any other provision of State law to |
the contrary and in addition to any other transfers that may be |
provided for by law, the State Comptroller shall direct and the |
State Treasurer shall transfer from the funds specified into |
the Professional Services Fund according to the schedule |
specified as follows: |
General Revenue Fund ..........................$4,600,000 |
Road Fund .....................................$4,852,500 |
Total $9,452,500 |
One fourth of the specified amount shall be transferred on |
each of July 1 and October 1, 2010, or as soon as may be |
practical thereafter, and one half of the specified amount |
shall be transferred on January 1, 2011, or as soon as may be |
practical thereafter. |
(f) The term "professional services" means services |
|
rendered on behalf of State agencies and other State entities
|
pursuant to Section 405-293 of the Department of Central |
Management Services Law of the Civil Administrative Code of |
Illinois.
|
(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05; 94-839, |
eff. 6-6-06.) |
(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
|
(d-25) 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, 2009, 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 .........................$55,000,000 |
Road Fund ....................................$34,803,000 |
Total $89,803,000 |
(d-30) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2009 and until June 30, 2010, |
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: |
Food and Drug Safety Fund .........................$13,900 |
Teacher Certificate Fee Revolving Fund .............$6,500 |
Transportation Regulatory Fund ....................$14,500 |
Financial Institution Fund ........................$25,200 |
General Professions Dedicated Fund ................$25,300 |
Illinois Veterans' Rehabilitation Fund ............$64,600 |
|
State Boating Act Fund ...........................$177,100 |
State Parks Fund .................................$104,300 |
Lobbyist Registration Administration Fund .........$14,400 |
Agricultural Premium Fund .........................$79,100 |
Fire Prevention Fund .............................$360,200 |
Mental Health Fund .............................$9,725,200 |
Illinois State Pharmacy Disciplinary Fund ..........$5,600 |
Public Utility Fund ...............................$40,900 |
Radiation Protection Fund .........................$14,200 |
Firearm Owner's Notification Fund ..................$1,300 |
Solid Waste Management Fund .......................$74,100 |
Illinois Gaming Law Enforcement Fund ..............$17,800 |
Subtitle D Management Fund ........................$14,100 |
Illinois State Medical Disciplinary Fund ..........$26,500 |
Facility Licensing Fund ...........................$11,700 |
Plugging and Restoration Fund ......................$9,100 |
Explosives Regulatory Fund .........................$2,300 |
Aggregate Operations Regulatory Fund ...............$5,000 |
Coal Mining Regulatory Fund ........................$1,900 |
Registered Certified Public Accountants' |
Administration and Disciplinary Fund ...........$1,500 |
Weights and Measures Fund .........................$56,100 |
Division of Corporations Registered |
Limited Liability Partnership Fund .............$3,900 |
Illinois School Asbestos Abatement Fund ...........$14,000 |
Secretary of State Special License Plate Fund .....$30,700 |
|
Capital Development Board Revolving Fund ..........$27,000 |
DCFS Children's Services Fund .....................$69,300 |
Asbestos Abatement Fund ...........................$17,200 |
Illinois Health Facilities Planning Fund ..........$26,800 |
Emergency Public Health Fund .......................$5,600 |
Nursing Dedicated and Professional Fund ...........$10,000 |
Optometric Licensing and Disciplinary |
Board Fund .....................................$1,600 |
Underground Resources Conservation |
Enforcement Fund ..............................$11,500 |
Drunk and Drugged Driving Prevention Fund .........$18,200 |
Long Term Care Monitor/Receiver Fund ..............$35,400 |
Community Water Supply Laboratory Fund .............$5,600 |
Securities Investors Education Fund ................$2,000 |
Used Tire Management Fund .........................$32,400 |
Natural Areas Acquisition Fund ...................$101,200 |
Open Space Lands Acquisition |
and
Development Fund ..................$28,400 |
Working Capital Revolving Fund ...................$489,100 |
State Garage Revolving Fund ......................$791,900 |
Statistical Services Revolving Fund ............$3,984,700 |
Communications Revolving Fund ..................$1,432,800 |
Facilities Management Revolving Fund ...........$1,911,600 |
Professional Services Fund .......................$483,600 |
Motor Vehicle Review Board Fund ...................$15,000 |
Environmental Laboratory Certification Fund ........$3,000 |
|
Public Health Laboratory Services |
Revolving Fund .................................$2,500 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund ............................$28,200 |
Securities Audit and Enforcement Fund ............$258,400 |
Department of Business Services |
Special Operations Fund ......................$111,900 |
Feed Control Fund .................................$20,800 |
Tanning Facility Permit Fund .......................$5,400 |
Plumbing Licensure and Program Fund ...............$24,400 |
Tax Compliance and Administration Fund ............$27,200 |
Appraisal Administration Fund ......................$2,400 |
Small Business Environmental Assistance Fund .......$2,200 |
Illinois State Fair Fund ..........................$31,400 |
Secretary of State Special Services Fund .........$317,600 |
Department of Corrections Reimbursement |
and Education Fund ...........................$324,500 |
Health Facility Plan Review Fund ..................$31,200 |
Illinois Historic Sites Fund ......................$11,500 |
Attorney General Court Ordered and Voluntary |
Compliance Payment Projects Fund ..............$18,500 |
Public Pension Regulation Fund .....................$5,600 |
Illinois Charity Bureau Fund ......................$11,400 |
Renewable Energy Resources Trust Fund ..............$6,700 |
Energy Efficiency Trust Fund .......................$3,600 |
Pesticide Control Fund ............................$56,800 |
|
Attorney General Whistleblower Reward |
and Protection Fund ...........................$14,200 |
Partners for Conservation Fund ....................$36,900 |
Capital Litigation Trust Fund ........................$800 |
Motor Vehicle License Plate Fund ..................$99,700 |
Horse Racing Fund .................................$18,900 |
Death Certificate Surcharge Fund ..................$12,800 |
Auction Regulation Administration Fund ...............$500 |
Motor Carrier Safety Inspection Fund ..............$55,800 |
Assisted Living and Shared Housing |
Regulatory Fund ..................................$900 |
Illinois Thoroughbred Breeders Fund ................$9,200 |
Illinois Clean Water Fund .........................$42,300 |
Secretary of State DUI Administration Fund ........$16,100 |
Child Support Administrative Fund ..............$1,037,900 |
Secretary of State Police Services Fund ............$1,200 |
Tourism Promotion Fund ............................$34,400 |
IMSA Income Fund ..................................$12,700 |
Presidential Library and Museum Operating Fund ....$83,000 |
Dram Shop Fund ....................................$44,500 |
Illinois State Dental Disciplinary Fund ............$5,700 |
Cycle Rider Safety Training Fund ...................$8,700 |
Traffic and Criminal Conviction Surcharge Fund ...$106,100 |
Design Professionals Administration |
and Investigation Fund .........................$4,500 |
State Police Services Fund .......................$276,100 |
|
Metabolic Screening and Treatment Fund ............$90,800 |
Insurance Producer Administration Fund ............$45,600 |
Coal Technology Development Assistance Fund .......$11,700 |
Hearing Instrument Dispenser Examining |
and Disciplinary Fund ..........................$1,900 |
Low-Level Radioactive Waste Facility |
Development and Operation Fund .................$1,000 |
Environmental Protection Permit and |
Inspection Fund ...............................$66,900 |
Park and Conservation Fund .......................$199,300 |
Local Tourism Fund .................................$2,400 |
Illinois Capital Revolving Loan Fund ..............$10,000 |
Large Business Attraction Fund .......................$100 |
Adeline Jay Geo-Karis Illinois Beach |
Marina Fund ...................................$27,200 |
Public Infrastructure Construction |
Loan Revolving Fund ............................$1,700 |
Insurance Financial Regulation Fund ...............$69,200 |
Total $24,197,800 |
(d-35) 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, 2010, 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 .........................$55,000,000 |
Road Fund ....................................$50,955,300 |
Total $105,955,300 |
(d-40) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2010 and until June 30, 2011, |
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: |
Food and Drug Safety Fund .........................$8,700 |
Financial Institution Fund .......................$44,500 |
General Professions Dedicated Fund ...............$51,400 |
Live and Learn Fund ..............................$10,900 |
Illinois Veterans' Rehabilitation Fund ..........$106,000 |
State Boating Act Fund ..........................$288,200 |
State Parks Fund ................................$185,900 |
Wildlife and Fish Fund ........................$1,550,300 |
Lobbyist Registration Administration Fund ........$18,100 |
Agricultural Premium Fund .......................$176,100 |
Mental Health Fund ..............................$291,900 |
Firearm Owner's Notification Fund .................$2,300 |
Illinois Gaming Law Enforcement Fund .............$11,300 |
Illinois State Medical Disciplinary Fund .........$42,300 |
Facility Licensing Fund ..........................$14,200 |
|
Plugging and Restoration Fund ....................$15,600 |
Explosives Regulatory Fund ........................$4,800 |
Aggregate Operations Regulatory Fund ..............$6,000 |
Coal Mining Regulatory Fund .......................$7,200 |
Registered Certified Public Accountants' |
Administration and Disciplinary Fund ..........$1,900 |
Weights and Measures Fund .......................$105,200 |
Division of Corporations Registered |
Limited Liability Partnership Fund ............$5,300 |
Illinois School Asbestos Abatement Fund ..........$19,900 |
Secretary of State Special License Plate Fund ....$38,700 |
DCFS Children's Services Fund ...................$123,100 |
Illinois Health Facilities Planning Fund .........$29,700 |
Emergency Public Health Fund ......................$6,800 |
Nursing Dedicated and Professional Fund ..........$13,500 |
Optometric Licensing and Disciplinary |
Board Fund ....................................$1,800 |
Underground Resources Conservation |
Enforcement Fund .............................$16,500 |
Mandatory Arbitration Fund ........................$5,400 |
Drunk and Drugged Driving Prevention Fund ........$26,400 |
Long Term Care Monitor/Receiver Fund .............$43,800 |
Securities Investors Education Fund ..............$28,500 |
Used Tire Management Fund .........................$6,300 |
Natural Areas Acquisition Fund ..................$185,000 |
Open Space Lands Acquisition and |
|
Development Fund .............................$46,800 |
Working Capital Revolving Fund ..................$741,500 |
State Garage Revolving Fund .....................$356,200 |
Statistical Services Revolving Fund ...........$1,775,900 |
Communications Revolving Fund ...................$630,600 |
Facilities Management Revolving Fund ............$870,800 |
Professional Services Fund ......................$275,500 |
Motor Vehicle Review Board Fund ..................$12,900 |
Public Health Laboratory Services |
Revolving Fund ................................$5,300 |
Lead Poisoning Screening, Prevention, |
and Abatement Fund ...........................$42,100 |
Securities Audit and Enforcement Fund ...........$162,700 |
Department of Business Services |
Special Operations Fund .....................$143,700 |
Feed Control Fund ................................$32,300 |
Tanning Facility Permit Fund ......................$3,900 |
Plumbing Licensure and Program Fund ..............$32,600 |
Tax Compliance and Administration Fund ...........$48,400 |
Appraisal Administration Fund .....................$3,600 |
Illinois State Fair Fund .........................$30,200 |
Secretary of State Special Services Fund ........$214,400 |
Department of Corrections Reimbursement |
and Education Fund ..........................$438,300 |
Health Facility Plan Review Fund .................$29,900 |
Public Pension Regulation Fund ....................$9,900 |
|
Pesticide Control Fund ..........................$107,500 |
Partners for Conservation Fund ..................$189,300 |
Motor Vehicle License Plate Fund ................$143,800 |
Horse Racing Fund ................................$20,900 |
Death Certificate Surcharge Fund .................$16,800 |
Auction Regulation Administration Fund ............$1,000 |
Motor Carrier Safety Inspection Fund .............$56,800 |
Assisted Living and Shared Housing |
Regulatory Fund ...............................$2,200 |
Illinois Thoroughbred Breeders Fund ..............$18,100 |
Secretary of State DUI Administration Fund .......$19,800 |
Child Support Administrative Fund .............$1,809,500 |
Secretary of State Police Services Fund ...........$2,500 |
Medical Special Purposes Trust Fund ..............$20,400 |
Dram Shop Fund ...................................$57,200 |
Illinois State Dental Disciplinary Fund ...........$9,500 |
Cycle Rider Safety Training Fund .................$12,200 |
Traffic and Criminal Conviction Surcharge Fund ..$128,900 |
Design Professionals Administration |
and Investigation Fund ........................$7,300 |
State Police Services Fund ......................$335,700 |
Metabolic Screening and Treatment Fund ...........$81,600 |
Insurance Producer Administration Fund ...........$77,000 |
Hearing Instrument Dispenser Examining |
and Disciplinary Fund .........................$1,900 |
Park and Conservation Fund ......................$361,500 |
|
Adeline Jay Geo-Karis Illinois Beach |
Marina Fund ..................................$42,800 |
Insurance Financial Regulation Fund .............$108,000 |
Total $13,033,200 |
(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. 95-744, eff. 7-18-08; 96-45, eff. 7-15-09.) |
(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 |
(e) Notwithstanding any other provision of State law to the |
contrary, on or after July 1, 2009, and until June 30, 2010, 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 ...$175,000 |
Securities Investors Education Fund .............$750,000 |
Securities Audit and Enforcement Fund ...........$750,000 |
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 |
(f) Notwithstanding any other provision of State law to the |
contrary, on or after July 1, 2010, and until June 30, 2011, 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: |
|
Registered Limited Liability Partnership Fund ...$287,000 |
Securities Investors Education Board ............$750,000 |
Securities Audit and Enforcement Fund ...........$750,000 |
Department of Business Services Special |
Operations Fund ...........................$3,000,000 |
Corporate Franchise Tax Refund Fund ...........$3,000,000 |
(Source: P.A. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; |
96-45, eff. 7-15-09.) |
(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. |
Beginning in fiscal year 2010, no road fund moneys shall be |
appropriated to the Department of State Police. It shall not be |
lawful to circumvent this limitation on
appropriations by |
governmental reorganization or other methods unless
otherwise |
provided in Section 5g of this Act. |
In fiscal year 1994, no Road Fund monies shall be |
appropriated
to the
Secretary of State for the purposes of this |
Section in excess of the total
fiscal year 1991 Road Fund |
appropriations to the Secretary of State for
those purposes, |
plus $9,800,000. It
shall not be
lawful to circumvent
this |
limitation on appropriations by governmental reorganization or |
other
method. |
Beginning with fiscal year 1995 and thereafter, no Road |
Fund
monies
shall be appropriated to the Secretary of State for |
the purposes of this
Section in excess of the total fiscal year |
1994 Road Fund
appropriations to
the Secretary of State for |
those purposes. It shall not be lawful to
circumvent this |
|
limitation on appropriations by governmental reorganization
or |
other methods. |
Beginning with fiscal year 2000, total Road Fund |
appropriations to the
Secretary of State for the purposes of |
this Section shall not exceed the
amounts specified for the |
following fiscal years: |
|
Fiscal Year 2000 | $80,500,000; |
|
Fiscal Year 2001 | $80,500,000; |
|
Fiscal Year 2002 | $80,500,000; |
|
Fiscal Year 2003 | $130,500,000; |
|
Fiscal Year 2004 | $130,500,000; |
|
Fiscal Year 2005 | $130,500,000;
|
|
Fiscal Year 2006
| $130,500,000;
|
|
Fiscal Year 2007
| $130,500,000;
|
|
Fiscal Year 2008 | $130,500,000; |
|
Fiscal Year 2009 | $130,500,000. |
|
For Beginning in fiscal year 2010, no road fund moneys |
shall be appropriated to the Secretary of State. |
Beginning in fiscal year 2011, moneys in the Road Fund |
shall be appropriated to the Secretary of State for the |
exclusive purpose of paying refunds due to overpayment of fees |
related to Chapter 3 of the Illinois Vehicle Code unless |
otherwise provided for by law. |
It shall not be lawful to circumvent this limitation on |
appropriations by
governmental reorganization or other |
methods. |
|
No new program may be initiated in fiscal year 1991 and
|
thereafter that is not consistent with the limitations imposed |
by this
Section for fiscal year 1984 and thereafter, insofar as |
appropriation of
Road Fund monies is concerned. |
Nothing in this Section prohibits transfers from the Road |
Fund to the
State Construction Account Fund under Section 5e of |
this Act; nor to the
General Revenue Fund, as authorized by |
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. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; |
96-34, eff. 7-13-09.) |
|
(30 ILCS 105/8.8) (from Ch. 127, par. 144.8) |
Sec. 8.8. Appropriations for the improvement, development, |
addition or
expansion of services for the care, treatment, and |
training of persons who
are mentally retarded or subject to |
involuntary admission under the Mental
Health and |
Developmental Disabilities Code or for the financing of any
|
program designed to provide such improvement, development, |
addition or
expansion of services or for expenses incurred in |
administering the
provisions of Sections 5-105 to 5-115, |
inclusive, of the Mental Health and
Developmental Disabilities |
Code, or other ordinary and contingent expenses
of the |
Department of Human Services relating to mental health and
|
developmental disabilities, are payable from the Mental Health |
Fund.
However, no expenditures shall be made for the purchase, |
construction,
lease, or rental of buildings for use as |
State-operated mental health or
developmental disability |
facilities or for renovating or rehabilitating those
|
buildings . |
(Source: P.A. 89-507, eff. 7-1-97.) |
(30 ILCS 105/8g) |
Sec. 8g. Fund transfers. |
(a) In addition to any other transfers that may be provided |
for by law, as
soon as may be practical after the effective |
date of this amendatory Act of
the 91st General Assembly, the |
State Comptroller shall direct and the State
Treasurer shall |
|
transfer the sum of $10,000,000 from the General Revenue Fund
|
to the Motor Vehicle License Plate Fund created by Senate Bill |
1028 of the 91st
General Assembly. |
(b) In addition to any other transfers that may be provided |
for by law, as
soon as may be practical after the effective |
date of this amendatory Act of
the 91st General Assembly, the |
State Comptroller shall direct and the State
Treasurer shall |
transfer the sum of $25,000,000 from the General Revenue Fund
|
to the Fund for Illinois' Future created by Senate Bill 1066 of |
the 91st
General Assembly. |
(c) In addition to any other transfers that may be provided |
for by law,
on August 30 of each fiscal year's license period, |
the Illinois Liquor Control
Commission shall direct and the |
State Comptroller and State Treasurer shall
transfer from the |
General Revenue Fund to the Youth Alcoholism and Substance
|
Abuse Prevention Fund an amount equal to the number of retail |
liquor licenses
issued for that fiscal year multiplied by $50. |
(d) The payments to programs required under subsection (d) |
of Section 28.1
of the Horse Racing Act of 1975 shall be made, |
pursuant to appropriation, from
the special funds referred to |
in the statutes cited in that subsection, rather
than directly |
from the General Revenue Fund. |
Beginning January 1, 2000, on the first day of each month, |
or as soon
as may be practical thereafter, the State |
Comptroller shall direct and the
State Treasurer shall transfer |
from the General Revenue Fund to each of the
special funds from |
|
which payments are to be made under Section 28.1(d) of the
|
Horse Racing Act of 1975 an amount equal to 1/12 of the annual |
amount required
for those payments from that special fund, |
which annual amount shall not exceed
the annual amount for |
those payments from that special fund for the calendar
year |
1998. The special funds to which transfers shall be made under |
this
subsection (d) include, but are not necessarily limited |
to, the Agricultural
Premium Fund; the Metropolitan Exposition |
Auditorium and Office Building Fund;
the Fair and Exposition |
Fund; the Standardbred Breeders Fund; the Thoroughbred
|
Breeders Fund; and the Illinois Veterans' Rehabilitation Fund. |
(e) In addition to any other transfers that may be provided |
for by law,
as soon as may be practical after the effective |
date of this amendatory Act of
the 91st General Assembly, but |
in no event later than June 30, 2000, the State
Comptroller |
shall direct and the State Treasurer shall transfer the sum of
|
$15,000,000 from the General Revenue Fund to the Fund for |
Illinois' Future. |
(f) In addition to any other transfers that may be provided |
for by law,
as soon as may be practical after the effective |
date of this amendatory Act of
the 91st General Assembly, but |
in no event later than June 30, 2000, the State
Comptroller |
shall direct and the State Treasurer shall transfer the sum of
|
$70,000,000 from the General Revenue Fund to the Long-Term Care |
Provider
Fund. |
(f-1) In fiscal year 2002, in addition to any other |
|
transfers that may
be provided for by law, at the direction of |
and upon notification from the
Governor, the State Comptroller |
shall direct and the State Treasurer shall
transfer amounts not |
exceeding a total of $160,000,000 from the General
Revenue Fund |
to the Long-Term Care Provider Fund. |
(g) In addition to any other transfers that may be provided |
for by law,
on July 1, 2001, or as soon thereafter as may be |
practical, the State
Comptroller shall direct and the State |
Treasurer shall transfer the sum of
$1,200,000 from the General |
Revenue Fund to the Violence Prevention Fund. |
(h) In each of fiscal years 2002 through 2004, but not
|
thereafter, in
addition to any other transfers that may be |
provided for by law, the State
Comptroller shall direct and the |
State Treasurer shall transfer $5,000,000
from the General |
Revenue Fund to the Tourism Promotion Fund. |
(i) On or after July 1, 2001 and until May 1, 2002, in |
addition to any
other transfers that may be provided for by |
law, at the direction of and upon
notification from the |
Governor, the State Comptroller shall direct and the
State |
Treasurer shall transfer amounts not exceeding a total of |
$80,000,000
from the General Revenue Fund to the Tobacco |
Settlement Recovery Fund.
Any amounts so transferred shall be |
re-transferred by the State Comptroller
and the State Treasurer |
from the Tobacco Settlement Recovery Fund to the
General |
Revenue Fund at the direction of and upon notification from the
|
Governor, but in any event on or before June 30, 2002. |
|
(i-1) On or after July 1, 2002 and until May 1, 2003, in |
addition to any
other transfers that may be provided for by |
law, at the direction of and upon
notification from the |
Governor, the State Comptroller shall direct and the
State |
Treasurer shall transfer amounts not exceeding a total of |
$80,000,000
from the General Revenue Fund to the Tobacco |
Settlement Recovery Fund.
Any amounts so transferred shall be |
re-transferred by the State Comptroller
and the State Treasurer |
from the Tobacco Settlement Recovery Fund to the
General |
Revenue Fund at the direction of and upon notification from the
|
Governor, but in any event on or before June 30, 2003. |
(j) On or after July 1, 2001 and no later than June 30, |
2002, in addition to
any other transfers that may be provided |
for by law, at the direction of and
upon notification from the |
Governor, the State Comptroller shall direct and the
State |
Treasurer shall transfer amounts not to exceed the following |
sums into
the Statistical Services Revolving Fund: |
|
From the General Revenue Fund ................. | $8,450,000 |
|
From the Public Utility Fund .................. | 1,700,000 |
|
From the Transportation Regulatory Fund ....... | 2,650,000 |
|
From the Title III Social Security and | |
|
Employment Fund .............................. | 3,700,000 |
|
From the Professions Indirect Cost Fund ....... | 4,050,000 |
|
From the Underground Storage Tank Fund ........ | 550,000 |
|
From the Agricultural Premium Fund ............ | 750,000 |
|
From the State Pensions Fund .................. | 200,000 |
|
|
|
From the Road Fund ............................ | 2,000,000 |
|
From the Health Facilities | |
|
Planning Fund ................................ | 1,000,000 |
|
From the Savings and Residential Finance | |
|
Regulatory Fund .............................. | 130,800 |
|
From the Appraisal Administration Fund ........ | 28,600 |
|
From the Pawnbroker Regulation Fund ........... | 3,600 |
|
From the Auction Regulation | |
|
Administration Fund .......................... | 35,800 |
|
From the Bank and Trust Company Fund .......... | 634,800 |
|
From the Real Estate License | |
|
Administration Fund .......................... | 313,600 |
|
(k) In addition to any other transfers that may be provided |
for by law,
as soon as may be practical after the effective |
date of this amendatory Act of
the 92nd General Assembly, the |
State Comptroller shall direct and the State
Treasurer shall |
transfer the sum of $2,000,000 from the General Revenue Fund
to |
the Teachers Health Insurance Security Fund. |
(k-1) In addition to any other transfers that may be |
provided for by
law, on July 1, 2002, or as soon as may be |
practical thereafter, the State
Comptroller shall direct and |
the State Treasurer shall transfer the sum of
$2,000,000 from |
the General Revenue Fund to the Teachers Health Insurance
|
Security Fund. |
(k-2) In addition to any other transfers that may be |
provided for by
law, on July 1, 2003, or as soon as may be |
|
practical thereafter, the State
Comptroller shall direct and |
the State Treasurer shall transfer the sum of
$2,000,000 from |
the General Revenue Fund to the Teachers Health Insurance
|
Security Fund. |
(k-3) On or after July 1, 2002 and no later than June 30, |
2003, in
addition to any other transfers that may be provided |
for by law, at the
direction of and upon notification from the |
Governor, the State Comptroller
shall direct and the State |
Treasurer shall transfer amounts not to exceed the
following |
sums into the Statistical Services Revolving Fund: |
|
Appraisal Administration Fund ................. | $150,000 |
|
General Revenue Fund .......................... | 10,440,000 |
|
Savings and Residential Finance | |
|
Regulatory Fund ........................... | 200,000 |
|
State Pensions Fund ........................... | 100,000 |
|
Bank and Trust Company Fund ................... | 100,000 |
|
Professions Indirect Cost Fund ................ | 3,400,000 |
|
Public Utility Fund ........................... | 2,081,200 |
|
Real Estate License Administration Fund ....... | 150,000 |
|
Title III Social Security and | |
|
Employment Fund ........................... | 1,000,000 |
|
Transportation Regulatory Fund ................ | 3,052,100 |
|
Underground Storage Tank Fund ................. | 50,000 |
|
(l) In addition to any other transfers that may be provided |
for by law, on
July 1, 2002, or as soon as may be practical |
thereafter, the State Comptroller
shall direct and the State |
|
Treasurer shall transfer the sum of $3,000,000 from
the General |
Revenue Fund to the Presidential Library and Museum Operating
|
Fund. |
(m) In addition to any other transfers that may be provided |
for by law, on
July 1, 2002 and on the effective date of this |
amendatory Act of the 93rd
General Assembly, or as soon |
thereafter as may be practical, the State Comptroller
shall |
direct and the State Treasurer shall transfer the sum of |
$1,200,000 from
the General Revenue Fund to the Violence |
Prevention Fund. |
(n) In addition to any other transfers that may be provided |
for by law,
on July 1,
2003, or as soon thereafter as may be |
practical, the State Comptroller shall
direct and the
State |
Treasurer shall transfer the sum of $6,800,000 from the General |
Revenue
Fund to
the DHS Recoveries Trust Fund. |
(o) On or after July 1, 2003, and no later than June 30, |
2004, in
addition to any
other transfers that may be provided |
for by law, at the direction of and upon
notification
from the |
Governor, the State Comptroller shall direct and the State |
Treasurer
shall
transfer amounts not to exceed the following |
sums into the Vehicle Inspection
Fund: |
|
From the Underground Storage Tank Fund ....... | $35,000,000. |
|
(p) On or after July 1, 2003 and until May 1, 2004, in |
addition to any
other
transfers that may be provided for by |
law, at the direction of and upon
notification from
the |
Governor, the State Comptroller shall direct and the State |
|
Treasurer shall
transfer
amounts not exceeding a total of |
$80,000,000 from the General Revenue Fund to
the
Tobacco |
Settlement Recovery Fund. Any amounts so transferred shall be
|
re-transferred
from the Tobacco Settlement Recovery Fund to the |
General Revenue Fund at the
direction of and upon notification |
from the Governor, but in any event on or
before June
30, 2004. |
(q) In addition to any other transfers that may be provided |
for by law, on
July 1,
2003, or as soon as may be practical |
thereafter, the State Comptroller shall
direct and the
State |
Treasurer shall transfer the sum of $5,000,000 from the General |
Revenue
Fund to
the Illinois Military Family Relief Fund. |
(r) In addition to any other transfers that may be provided |
for by law, on
July 1,
2003, or as soon as may be practical |
thereafter, the State Comptroller shall
direct and the
State |
Treasurer shall transfer the sum of $1,922,000 from the General |
Revenue
Fund to
the Presidential Library and Museum Operating |
Fund. |
(s) In addition to any other transfers that may be provided |
for by law, on
or after
July 1, 2003, the State Comptroller |
shall direct and the State Treasurer shall
transfer the
sum of |
$4,800,000 from the Statewide Economic Development Fund to the |
General
Revenue Fund. |
(t) In addition to any other transfers that may be provided |
for by law, on
or after
July 1, 2003, the State Comptroller |
shall direct and the State Treasurer shall
transfer the
sum of |
$50,000,000 from the General Revenue Fund to the Budget |
|
Stabilization
Fund. |
(u) On or after July 1, 2004 and until May 1, 2005, in |
addition to any other transfers that may be provided for by |
law, at the direction of and upon notification from the |
Governor, the State Comptroller shall direct and the State |
Treasurer shall transfer amounts not exceeding a total of |
$80,000,000 from the General Revenue Fund to the Tobacco |
Settlement Recovery Fund. Any amounts so transferred shall be |
retransferred by the State Comptroller and the State Treasurer |
from the Tobacco Settlement Recovery Fund to the General |
Revenue Fund at the direction of and upon notification from the |
Governor, but in any event on or before June 30, 2005.
|
(v) In addition to any other transfers that may be provided |
for by law, on July 1, 2004, or as soon thereafter as may be |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $1,200,000 from the General |
Revenue Fund to the Violence Prevention Fund. |
(w) In addition to any other transfers that may be provided |
for by law, on July 1, 2004, or as soon thereafter as may be |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $6,445,000 from the General |
Revenue Fund to the Presidential Library and Museum Operating |
Fund.
|
(x) In addition to any other transfers that may be provided |
for by law, on January 15, 2005, or as soon thereafter as may |
be practical, the State Comptroller shall direct and the State |
|
Treasurer shall transfer to the General Revenue Fund the |
following sums: |
From the State Crime Laboratory Fund, $200,000; |
From the State Police Wireless Service Emergency Fund, |
$200,000; |
From the State Offender DNA Identification System |
Fund, $800,000; and |
From the State Police Whistleblower Reward and |
Protection Fund, $500,000.
|
(y) Notwithstanding any other provision of law to the |
contrary, in addition to any other transfers that may be |
provided for by law on June 30, 2005, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer the remaining balance from |
the designated funds into the General Revenue Fund and any |
future deposits that would otherwise be made into these funds |
must instead be made into the General Revenue Fund:
|
(1) the Keep Illinois Beautiful Fund;
|
(2) the
Metropolitan Fair and Exposition Authority |
Reconstruction Fund; |
(3) the
New Technology Recovery Fund; |
(4) the Illinois Rural Bond Bank Trust Fund; |
(5) the ISBE School Bus Driver Permit Fund; |
(6) the
Solid Waste Management Revolving Loan Fund; |
(7)
the State Postsecondary Review Program Fund; |
(8) the
Tourism Attraction Development Matching Grant |
|
Fund; |
(9) the
Patent and Copyright Fund; |
(10) the
Credit Enhancement Development Fund; |
(11) the
Community Mental Health and Developmental |
Disabilities Services Provider Participation Fee Trust |
Fund; |
(12) the
Nursing Home Grant Assistance Fund; |
(13) the
By-product Material Safety Fund; |
(14) the
Illinois Student Assistance Commission Higher |
EdNet Fund; |
(15) the
DORS State Project Fund; |
(16) the School Technology Revolving Fund; |
(17) the
Energy Assistance Contribution Fund; |
(18) the
Illinois Building Commission Revolving Fund; |
(19) the
Illinois Aquaculture Development Fund; |
(20) the
Homelessness Prevention Fund; |
(21) the
DCFS Refugee Assistance Fund; |
(22) the
Illinois Century Network Special Purposes |
Fund; and |
(23) the
Build Illinois Purposes Fund.
|
(z) In addition to any other transfers that may be provided |
for by law, on July 1, 2005, or as soon as may be practical |
thereafter, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $1,200,000 from the General |
Revenue Fund to the Violence Prevention Fund.
|
(aa) In addition to any other transfers that may be |
|
provided for by law, on July 1, 2005, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer the sum of $9,000,000 from |
the General Revenue Fund to the Presidential Library and Museum |
Operating Fund.
|
(bb) In addition to any other transfers that may be |
provided for by law, on July 1, 2005, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer the sum of $6,803,600 from |
the General Revenue Fund to the Securities Audit and |
Enforcement Fund.
|
(cc) In addition to any other transfers that may be |
provided for by law, on or after July 1, 2005 and until May 1, |
2006, at the direction of and upon notification from the |
Governor, the State Comptroller shall direct and the State |
Treasurer shall transfer amounts not exceeding a total of |
$80,000,000 from the General Revenue Fund to the Tobacco |
Settlement Recovery Fund. Any amounts so transferred shall be |
re-transferred by the State Comptroller and the State Treasurer |
from the Tobacco Settlement Recovery Fund to the General |
Revenue Fund at the direction of and upon notification from the |
Governor, but in any event on or before June 30, 2006.
|
(dd) 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. |
(eee) In addition to any other transfers that may be |
provided for by law, on July 1, 2009, 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. |
(fff) In addition to any other transfers that may be |
provided for by law, on and after July 1, 2009 and until May 1, |
|
2010, 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, 2010. |
(ggg) In addition to any other transfers that may be |
provided for by law, on July 1, 2009, 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. |
(hhh) In addition to any other transfers that may be |
provided for by law, on July 1, 2009, 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. |
(iii) In addition to any other transfers that may be |
provided for by law, on July 1, 2009, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $100,000 from the General |
Revenue Fund to the Heartsaver AED Fund. |
(jjj) In addition to any other transfers that may be |
|
provided for by law, on and after July 1, 2009 and until June |
30, 2010, 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 |
$17,000,000 from the General Revenue Fund to the DCFS |
Children's Services Fund. |
(lll) In addition to any other transfers that may be |
provided for by law, on July 1, 2009, 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 Communications Revolving Fund. |
(mmm) In addition to any other transfers that may be |
provided for by law, on July 1, 2009, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $9,700,000 from the General |
Revenue Fund to the Senior Citizens Real Estate Deferred Tax |
Revolving Fund. |
(nnn) In addition to any other transfers that may be |
provided for by law, on July 1, 2009, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $565,000 from the FY09 |
Budget Relief Fund to the Horse Racing Fund. |
(ooo) In addition to any other transfers that may be |
provided by law, on July 1, 2009, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $600,000 from the General |
|
Revenue Fund to the Temporary Relocation Expenses Revolving |
Fund. |
(ppp) In addition to any other transfers that may be |
provided for by law, on July 1, 2010, 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. |
(qqq) In addition to any other transfers that may be |
provided for by law, on and after July 1, 2010 and until May 1, |
2011, 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, 2011. |
(rrr) In addition to any other transfers that may be |
provided for by law, on July 1, 2010, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $6,675,000 from the General |
Revenue Fund to the Presidential Library and Museum Operating |
Fund. |
(sss) In addition to any other transfers that may be |
provided for by law, on July 1, 2010, 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. |
(ttt) In addition to any other transfers that may be |
provided for by law, on July 1, 2010, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $100,000 from the General |
Revenue Fund to the Heartsaver AED Fund. |
(uuu) In addition to any other transfers that may be |
provided for by law, on July 1, 2010, 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 Communications Revolving Fund. |
(vvv) In addition to any other transfers that may be |
provided for by law, on July 1, 2010, 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 Illinois Capital Revolving Loan Fund. |
(www) In addition to any other transfers that may be |
provided for by law, on July 1, 2010, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $17,000,000 from the |
General Revenue Fund to the DCFS Children's Services Fund. |
(xxx) In addition to any other transfers that may be |
provided for by law, on July 1, 2010, 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 Digital |
Divide Elimination Infrastructure Fund, of which $1,000,000 |
shall go to the Workforce, Technology, and Economic Development |
Fund and $1,000,000 to the Public Utility Fund. |
(Source: P.A. 95-331, eff. 8-21-07; 95-707, eff. 1-11-08; |
95-744, eff. 7-18-08; 96-45, eff. 7-15-09; 96-820, eff. |
11-18-09.) |
(30 ILCS 105/8o) |
Sec. 8o. Transfer to the University of Illinois Income |
Fund. |
(a) Immediately upon the effective date of this Section, |
the State Comptroller shall direct and the State Treasurer |
shall transfer $15,826,499 from the General Revenue Fund to the |
University of Illinois Income Fund. |
(b) 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, 2009, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
the State Treasurer shall transfer an amount equal to |
one-fourth of $15,826,499 from the General Revenue Fund to the |
University of Illinois Income Fund. |
(c) 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, 2010, or as soon as may be |
practical thereafter, the State Comptroller shall direct and |
|
the State Treasurer shall transfer an amount equal to one |
fourth of $15,826,499 from the General Revenue Fund to the |
University of Illinois Income Fund. |
(Source: P.A. 95-728, eff. 7-1-08; 96-45, eff. 7-15-09.) |
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2) |
Sec. 13.2. Transfers among line item appropriations. |
(a) Transfers among line item appropriations from the same
|
treasury fund for the objects specified in this Section may be |
made in
the manner provided in this Section when the balance |
remaining in one or
more such line item appropriations is |
insufficient for the purpose for
which the appropriation was |
made. |
(a-1) No transfers may be made from one
agency to another |
agency, nor may transfers be made from one institution
of |
higher education to another institution of higher education.
|
(a-2) Except as otherwise provided in this Section, |
transfers may be made only among the objects of expenditure |
enumerated
in this Section, except that no funds may be |
transferred from any
appropriation for personal services, from |
any appropriation for State
contributions to the State |
Employees' Retirement System, from any
separate appropriation |
for employee retirement contributions paid by the
employer, nor |
from any appropriation for State contribution for
employee |
group insurance. During State fiscal year 2005, an agency may |
transfer amounts among its appropriations within the same |
|
treasury fund for personal services, employee retirement |
contributions paid by employer, and State Contributions to |
retirement systems; notwithstanding and in addition to the |
transfers authorized in subsection (c) of this Section, the |
fiscal year 2005 transfers authorized in this sentence may be |
made in an amount not to exceed 2% of the aggregate amount |
appropriated to an agency within the same treasury fund. During |
State fiscal year 2007, the Departments of Children and Family |
Services, Corrections, Human Services, and Juvenile Justice |
may transfer amounts among their respective appropriations |
within the same treasury fund for personal services, employee |
retirement contributions paid by employer, and State |
contributions to retirement systems. During State fiscal year |
2010, the Department of Transportation may transfer amounts |
among their respective appropriations within the same treasury |
fund for personal services, employee retirement contributions |
paid by employer, and State contributions to retirement |
systems. During State fiscal year 2010 only, an agency may |
transfer amounts among its respective appropriations within |
the same treasury fund for personal services, employee |
retirement contributions paid by employer, and State |
contributions to retirement systems. Notwithstanding, and in |
addition to, the transfers authorized in subsection (c) of this |
Section, these transfers may be made in an amount not to exceed |
2% of the aggregate amount appropriated to an agency within the |
same treasury fund.
|
|
(a-3) Further, if an agency receives a separate
|
appropriation for employee retirement contributions paid by |
the employer,
any transfer by that agency into an appropriation |
for personal services
must be accompanied by a corresponding |
transfer into the appropriation for
employee retirement |
contributions paid by the employer, in an amount
sufficient to |
meet the employer share of the employee contributions
required |
to be remitted to the retirement system. |
(b) In addition to the general transfer authority provided |
under
subsection (c), the following agencies have the specific |
transfer authority
granted in this subsection: |
The Department of Healthcare and Family Services is |
authorized to make transfers
representing savings attributable |
to not increasing grants due to the
births of additional |
children from line items for payments of cash grants to
line |
items for payments for employment and social services for the |
purposes
outlined in subsection (f) of Section 4-2 of the |
Illinois Public Aid Code. |
The Department of Children and Family Services is |
authorized to make
transfers not exceeding 2% of the aggregate |
amount appropriated to it within
the same treasury fund for the |
following line items among these same line
items: Foster Home |
and Specialized Foster Care and Prevention, Institutions
and |
Group Homes and Prevention, and Purchase of Adoption and |
Guardianship
Services. |
The Department on Aging is authorized to make transfers not
|
|
exceeding 2% of the aggregate amount appropriated to it within |
the same
treasury fund for the following Community Care Program |
line items among these
same line items: Homemaker and Senior |
Companion Services, Alternative Senior Services, Case |
Coordination
Units, and Adult Day Care Services. |
The State Treasurer is authorized to make transfers among |
line item
appropriations
from the Capital Litigation Trust |
Fund, with respect to costs incurred in
fiscal years 2002 and |
2003 only, when the balance remaining in one or
more such
line |
item appropriations is insufficient for the purpose for which |
the
appropriation was
made, provided that no such transfer may |
be made unless the amount transferred
is no
longer required for |
the purpose for which that appropriation was made. |
The State Board of Education is authorized to make |
transfers from line item appropriations within the same |
treasury fund for General State Aid and General State Aid - |
Hold Harmless, provided that no such transfer may be made |
unless the amount transferred is no longer required for the |
purpose for which that appropriation was made, to the line item |
appropriation for Transitional Assistance when the balance |
remaining in such line item appropriation is insufficient for |
the purpose for which the appropriation was made. |
The State Board of Education is authorized to make |
transfers between the following line item appropriations |
within the same treasury fund: Disabled Student |
Services/Materials (Section 14-13.01 of the School Code), |
|
Disabled Student Transportation Reimbursement (Section |
14-13.01 of the School Code), Disabled Student Tuition - |
Private Tuition (Section 14-7.02 of the School Code), |
Extraordinary Special Education (Section 14-7.02b of the |
School Code), Reimbursement for Free Lunch/Breakfast Program, |
Summer School Payments (Section 18-4.3 of the School Code), and |
Transportation - Regular/Vocational Reimbursement (Section |
29-5 of the School Code). Such transfers shall be made only |
when the balance remaining in one or more such line item |
appropriations is insufficient for the purpose for which the |
appropriation was made and provided that no such transfer may |
be made unless the amount transferred is no longer required for |
the purpose for which that appropriation was made. |
During State fiscal years year 2010 and 2011 only, the |
Department of Healthcare and Family Services is authorized to |
make transfers not exceeding 4% of the aggregate amount |
appropriated to it, within the same treasury fund, among the |
various line items appropriated for Medical Assistance. |
(c) The sum of such transfers for an agency in a fiscal |
year shall not
exceed 2% of the aggregate amount appropriated |
to it within the same treasury
fund for the following objects: |
Personal Services; Extra Help; Student and
Inmate |
Compensation; State Contributions to Retirement Systems; State
|
Contributions to Social Security; State Contribution for |
Employee Group
Insurance; Contractual Services; Travel; |
Commodities; Printing; Equipment;
Electronic Data Processing; |
|
Operation of Automotive Equipment;
Telecommunications |
Services; Travel and Allowance for Committed, Paroled
and |
Discharged Prisoners; Library Books; Federal Matching Grants |
for
Student Loans; Refunds; Workers' Compensation, |
Occupational Disease, and
Tort Claims; and, in appropriations |
to institutions of higher education,
Awards and Grants. |
Notwithstanding the above, any amounts appropriated for
|
payment of workers' compensation claims to an agency to which |
the authority
to evaluate, administer and pay such claims has |
been delegated by the
Department of Central Management Services |
may be transferred to any other
expenditure object where such |
amounts exceed the amount necessary for the
payment of such |
claims. |
(c-1) Special provisions for State fiscal year 2003. |
Notwithstanding any
other provision of this Section to the |
contrary, for State fiscal year 2003
only, transfers among line |
item appropriations to an agency from the same
treasury fund |
may be made provided that the sum of such transfers for an |
agency
in State fiscal year 2003 shall not exceed 3% of the |
aggregate amount
appropriated to that State agency for State |
fiscal year 2003 for the following
objects: personal services, |
except that no transfer may be approved which
reduces the |
aggregate appropriations for personal services within an |
agency;
extra help; student and inmate compensation; State
|
contributions to retirement systems; State contributions to |
social security;
State contributions for employee group |
|
insurance; contractual services; travel;
commodities; |
printing; equipment; electronic data processing; operation of
|
automotive equipment; telecommunications services; travel and |
allowance for
committed, paroled, and discharged prisoners; |
library books; federal matching
grants for student loans; |
refunds; workers' compensation, occupational disease,
and tort |
claims; and, in appropriations to institutions of higher |
education,
awards and grants. |
(c-2) Special provisions for State fiscal year 2005. |
Notwithstanding subsections (a), (a-2), and (c), for State |
fiscal year 2005 only, transfers may be made among any line |
item appropriations from the same or any other treasury fund |
for any objects or purposes, without limitation, when the |
balance remaining in one or more such line item appropriations |
is insufficient for the purpose for which the appropriation was |
made, provided that the sum of those transfers by a State |
agency shall not exceed 4% of the aggregate amount appropriated |
to that State agency for fiscal year 2005.
|
(d) Transfers among appropriations made to agencies of the |
Legislative
and Judicial departments and to the |
constitutionally elected officers in the
Executive branch |
require the approval of the officer authorized in Section 10
of |
this Act to approve and certify vouchers. Transfers among |
appropriations
made to the University of Illinois, Southern |
Illinois University, Chicago State
University, Eastern |
Illinois University, Governors State University, Illinois
|
|
State University, Northeastern Illinois University, Northern |
Illinois
University, Western Illinois University, the Illinois |
Mathematics and Science
Academy and the Board of Higher |
Education require the approval of the Board of
Higher Education |
and the Governor. Transfers among appropriations to all other
|
agencies require the approval of the Governor. |
The officer responsible for approval shall certify that the
|
transfer is necessary to carry out the programs and purposes |
for which
the appropriations were made by the General Assembly |
and shall transmit
to the State Comptroller a certified copy of |
the approval which shall
set forth the specific amounts |
transferred so that the Comptroller may
change his records |
accordingly. The Comptroller shall furnish the
Governor with |
information copies of all transfers approved for agencies
of |
the Legislative and Judicial departments and transfers |
approved by
the constitutionally elected officials of the |
Executive branch other
than the Governor, showing the amounts |
transferred and indicating the
dates such changes were entered |
on the Comptroller's records. |
(e) The State Board of Education, in consultation with the |
State Comptroller, may transfer line item appropriations for |
General State Aid between from the Common School Fund and to |
the Education Assistance Fund. With the advice and consent of |
the Governor's Office of Management and Budget, the State Board |
of Education, in consultation with the State Comptroller, may |
transfer line item appropriations between the General Revenue |
|
Fund and the Education Assistance Fund for the following |
programs: |
(1) Disabled Student Personnel Reimbursement (Section |
14-13.01 of the School Code); |
(2) Disabled Student Transportation Reimbursement |
(subsection (b) of Section 14-13.01 of the School Code); |
(3) Disabled Student Tuition - Private Tuition |
(Section 14-7.02 of the School Code); |
(4) Extraordinary Special Education (Section 14-7.02b |
of the School Code); |
(5) Reimbursement for Free Lunch/Breakfast Programs; |
(6) Summer School Payments (Section 18-4.3 of the |
School Code); |
(7) Transportation - Regular/Vocational Reimbursement |
(Section 29-5 of the School Code); |
(8) Regular Education Reimbursement (Section 18-3 of |
the School Code); and |
(9) Special Education Reimbursement (Section 14-7.03 |
of the School Code). |
(Source: P.A. 95-707, eff. 1-11-08; 96-37, eff. 7-13-09; |
96-820, eff. 11-18-09.) |
Section 5-32. The State Prompt Payment Act is amended by |
changing Section 3-2 and by adding Section 3-2.1 as follows:
|
(30 ILCS 540/3-2)
|
|
Sec. 3-2. Beginning July 1, 1993, in any instance where a |
State official or
agency is late in payment of a vendor's bill |
or invoice for goods or services
furnished to the State, as |
defined in Section 1, properly approved in
accordance with |
rules promulgated under Section 3-3, the State official or
|
agency shall pay interest to the vendor in accordance with the |
following:
|
(1) Any bill, except a bill submitted under Article V |
of the Illinois Public Aid Code, approved for payment under |
this Section must be paid
or the payment issued to the |
payee within 60 days of receipt
of a proper bill or |
invoice.
If payment is not issued to the payee within this |
60 day
period, an
interest penalty of 1.0% of any amount |
approved and unpaid shall be added
for each month or |
fraction thereof after the end of this 60 day period,
until |
final payment is made. Any bill submitted under Article V |
of the Illinois Public Aid Code approved for payment under |
this Section must be paid
or the payment issued to the |
payee within 60 days after receipt
of a proper bill or |
invoice, and,
if payment is not issued to the payee within |
this 60-day
period, an
interest penalty of 2.0% of any |
amount approved and unpaid shall be added
for each month or |
fraction thereof after the end of this 60-day period,
until |
final payment is made.
|
(1.1) A State agency shall review in a timely manner |
each bill or
invoice after its receipt. If the
State agency |
|
determines that the bill or invoice contains a defect |
making it
unable to process the payment request, the agency
|
shall notify the vendor requesting payment as soon as |
possible after
discovering the
defect pursuant to rules |
promulgated under Section 3-3; provided, however, that the |
notice for construction related bills or invoices must be |
given not later than 30 days after the bill or invoice was |
first submitted. The notice shall
identify the defect and |
any additional information
necessary to correct the |
defect. If one or more items on a construction related bill |
or invoice are disapproved, but not the entire bill or |
invoice, then the portion that is not disapproved shall be |
paid.
|
(2) Where a State official or agency is late in payment |
of a
vendor's bill or invoice properly approved in |
accordance with this Act, and
different late payment terms |
are not reduced to writing as a contractual
agreement, the |
State official or agency shall automatically pay interest
|
penalties required by this Section amounting to $50 or more |
to the appropriate
vendor. Each agency shall be responsible |
for determining whether an interest
penalty
is
owed and
for |
paying the interest to the vendor.
Interest due to a vendor |
that amounts to less than $50 shall not be paid but shall |
be accrued until all interest due the vendor for all |
similar warrants exceeds $50, at which time the accrued |
interest shall be payable and interest will begin accruing |
|
again, except that interest accrued as of the end of the |
fiscal year that does not exceed $50 shall be payable at |
that time. In the event an
individual has paid a vendor for |
services in advance, the provisions of this
Section shall |
apply until payment is made to that individual.
|
(Source: P.A. 96-555, eff. 8-18-09; 96-802, eff. 1-1-10; |
revised 11-25-09.)
|
(30 ILCS 540/3-2.1 new) |
Sec. 3-2.1. Interest penalty report. The State |
Comptroller, in conjunction with the Department of Central |
Management Services, shall submit a report to the General |
Assembly no later than January 31, 2011. The report shall |
include the following information, which shall be broken down |
by State agency and vendor: |
(1) the number and total dollar amount of interest |
penalty payment vouchers submitted to the Comptroller's |
office on or after August 18, 2009 and before January 1, |
2011 for interest payments of less than $5; |
(2) the number and total dollar amount of interest |
penalty payment vouchers submitted to the Comptroller's |
office on or after August 18, 2009 and before January 1, |
2011 for interest payments of at least $5 but less than |
$50; the report shall indicate the number and total dollar |
amount of (i) those paid automatically and (ii) those |
initiated by written request of the vendor; and |
|
(3) the aggregate cost of processing the interest |
penalty payment vouchers referenced in items (1) and (2). |
The report shall also include recommendations regarding |
establishing a minimum threshold for payment of interest |
penalties to vendors and increased efficiencies, including, |
but not limited to, consolidation of multiple payments to the |
same vendor. |
Section 5-35. 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 Government 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 |
fiscal year 2010, the Annual Percentage shall be 9.75%. For |
fiscal year 2011, the Annual Percentage shall be 8.75%. 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 |
fiscal year 2010, the Annual Percentage shall be 17.5%. For |
fiscal year 2011, 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. 95-707, eff. 1-11-08; 95-744, eff. 7-18-08; |
96-45, eff. 7-15-09; 96-328, eff. 8-11-09.) |
Section 5-40. 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) $3,500,000 shall be transferred each month to the Grade |
Crossing
Protection Fund to be used as follows: not less than |
$12,000,000 each fiscal
year shall be used for the construction |
or reconstruction of rail highway grade
separation structures; |
$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in |
fiscal year 2010 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 and grade |
crossing surface including the necessary highway approaches |
thereto of any
railroad across the highway or public road, or |
for the installation,
construction, reconstruction, or |
maintenance of a pedestrian walkway over or
under a railroad |
right-of-way, as provided for in and in
accordance with Section |
18c-7401 of the Illinois Vehicle Code.
The Commission may order |
up to $2,000,000 per year in Grade Crossing Protection Fund |
moneys for the improvement of grade crossing surfaces and up to |
$300,000 per year for the maintenance and renewal of 4-quadrant |
gate vehicle detection systems located at non-high speed rail |
grade crossings. 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, |
2011 2010 ,
for the administration of the Vehicle Emissions |
Inspection Law of
2005, to be transferred by the State |
Comptroller and Treasurer from the Motor
Fuel Tax Fund into |
the Vehicle Inspection Fund; |
(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. 95-744, eff. 7-18-08; 96-34, eff. 7-13-09; 96-45, |
eff. 7-15-09; revised 11-3-09.) |
Section 5-47. The School Code is amended by changing |
Section 18-8.05 as follows: |
(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. For the 2008-2009 school |
year, the Foundation Level of support is $5,959. |
(3) For the 2009-2010 school year and each school year |
thereafter,
the Foundation Level of support is $6,119 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 partial elementary unit |
district for elementary purposes, as defined in Article 11E of |
this Code, multiplied by 2.06% and divided by the district's |
Average Daily Attendance figure, plus the product of the |
equalized assessed valuation for property within the partial |
elementary unit district for high school purposes, as defined |
in Article 11E of this Code, multiplied by 0.94% and divided by |
the district's Average Daily Attendance figure.
|
(4) The Corporate Personal Property Replacement Taxes paid |
to each school
district during the calendar year one year |
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, provided a |
district conducts an in-service
training program for |
teachers in accordance with Section 10-22.39 of this Code; |
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 required |
for a legal school calendar pursuant to Section 10-19 of |
this Code; (1.5) when, of the 5 days allowed under item |
(1), a maximum of 4 days are used for parent-teacher |
conferences, or, in lieu of 4 such days, 2 full days are |
used, in which case each such day may be counted as a |
calendar day required under Section 10-19 of this Code, |
provided that the full-day, parent-teacher conference |
consists of (i) a minimum of 5 clock hours of |
parent-teacher conferences, (ii) both a minimum of 2 clock |
hours of parent-teacher conferences held in the evening |
following a full day of student attendance, as specified in |
subsection (F)(1)(c), and a minimum of 3 clock hours of |
parent-teacher conferences held on the day immediately |
following evening parent-teacher conferences, or (iii) |
multiple parent-teacher conferences held in the evenings |
following full days of student attendance, as specified in |
|
subsection (F)(1)(c), in which the time used for the |
parent-teacher conferences is equivalent to a minimum of 5 |
clock hours; and (2) when days in
addition to
those |
provided in items (1) and (1.5) 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. Except as |
otherwise provided in this paragraph for a school district that |
has approved or does approve an increase in its limiting rate, |
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). For |
the 2009-2010 school year and each school year thereafter, if a |
school district has approved or does approve an increase in its |
limiting rate, pursuant to Section 18-190 of the Property Tax |
Code, affecting the Base Tax Year, the Extension Limitation |
Equalized Assessed Valuation of the 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 times an amount equal to |
one plus the percentage increase, if any, in the Consumer Price |
Index for all Urban Consumers for all items published by the |
United States Department of Labor for the 12-month calendar |
year preceding the Base Tax Year, plus the Equalized Assessed |
Valuation of new property, annexed property, and recovered tax |
increment value and minus the Equalized Assessed Valuation of |
disconnected property. New property and recovered tax |
increment value shall have the meanings set forth in the |
Property Tax Extension Limitation Law. |
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, the Children's Health |
Insurance Program, 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 school year only, the grant |
shall be no less than the
grant
for
the 2002-2003 school year. |
For the 2009-2010 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
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. 95-331, eff. 8-21-07; 95-644, eff. 10-12-07; |
95-707, eff. 1-11-08; 95-744, eff. 7-18-08; 95-903, eff. |
|
8-25-08; 96-45, eff. 7-15-09; 96-152, eff. 8-7-09; 96-300, eff. |
8-11-09; 96-328, eff. 8-11-09; 96-640, eff. 8-24-09; revised |
10-23-09.) |
Section 5-48. The Illinois Public Aid Code is amended by |
changing Sections 5-5.4 and 5-5.4d as follows: |
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4) |
(Text of Section after amendment by P.A. 96-339 ) |
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 MR/DD Community Care Act or 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, 2011 2010 , 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 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. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 95-707, |
eff. 1-11-08; 95-744, eff. 7-18-08; 96-45, eff. 7-15-09; |
96-339, eff. 7-1-10; revised 10-23-09.) |
|
(305 ILCS 5/5-5.4d) |
Sec. 5-5.4d. MDS payment methodology; quarterly rate |
adjustments. |
(a) On and after July 1, 2009, and until April 1, 2011, the |
nursing component of the nursing facility medical assistance |
rate computed under the Minimum Data Set (MDS) payment |
methodology shall be calculated and adjusted quarterly. The |
Department of Healthcare and Family Services may adopt rules |
necessary to implement this amendatory Act of the 96th General |
Assembly through the use of emergency rulemaking in accordance |
with Section 5-45 of the Illinois Administrative Procedure Act, |
except that the 24-month limitation on the adoption of |
emergency rules under Section 5-45 and the provisions of |
Sections 5-115 and 5-125 of that Act do not apply to rules |
adopted under this Section. For purposes of that Act, the |
General Assembly finds that the adoption of rules to implement |
this amendatory Act of the 96th General Assembly is deemed an |
emergency and necessary for the public interest, safety, and |
welfare. |
(b) On April 1, 2011, the nursing component of the nursing |
facility medical assistance rate computed under the Minimum |
Data Set (MDS) payment methodology shall be frozen to allow the |
Department of Healthcare and Family Services to develop a rate |
methodology based on a federally mandated long term care data |
collection system. The rates in effect prior to and through the |
quarter ending March 31, 2011, shall continue to be subject to |
|
follow-up audits and retroactive rate adjustments pursuant to |
administrative rules of the Department for reviews of accuracy |
and resident assessment information. The reimbursement |
methodology for a Class I Institution for Mental Diseases shall |
also be frozen pending review of a federally mandated long term |
care data collection system. |
(Source: P.A. 96-743, eff. 8-25-09.) |
Section 5-49. The Comprehensive Lead Education, Reduction, |
and Window Replacement Program Act is amended by changing |
Section 15 as follows: |
(410 ILCS 43/15)
|
Sec. 15. Grant and loan program. |
(a) Subject to appropriation, the Department, in |
consultation with the Advisory Council, shall establish and |
operate the CLEAR-WIN Program in two pilot area communities |
selected by the Department with advice from the Advisory |
Council. Pilot area communities shall be selected based upon |
the prevalence of low-income families whose children are lead |
poisoned, the age of the housing stock, and other sources of |
funding available to the communities to address lead-based |
paint hazards. |
(b) The Department shall be responsible for administering |
the CLEAR-WIN grant program. The grant shall be used to correct |
lead-based paint hazards in residential buildings. Conditions |
|
for receiving a grant shall be developed by the Department |
based on criteria established by the Advisory Council. |
Criteria, including but not limited to the following program |
components, shall include (i) income eligibility for receipt of |
the grants, with priority given to low-income tenants or owners |
who rent to low-income tenants; (ii) properties to be covered |
under CLEAR-WIN; and (iii) the number of units to be covered in |
a property. Prior to making a grant, the Department must |
provide the grant recipient with a copy of the Lead Safe |
Housing Maintenance Standards generated by the Advisory |
Council. The property owner must certify that he or she has |
received the Standards and intends to comply with them; has |
provided a copy of the Standards to all tenants in the |
building; will continue to rent to the same tenant or other |
low-income tenant for a period of not less than 5 years |
following completion of the work; and will continue to maintain |
the property as lead-safe. Failure to comply with the grant |
conditions may result in repayment of grant funds. |
(c) The Advisory Council shall also consider development of |
a loan program to assist property owners not eligible for |
grants. |
(d) All lead-based paint hazard control work performed with |
these grant or loan funds shall be conducted in conformance |
with the Lead Poisoning Prevention Act and the Illinois Lead |
Poisoning Prevention Code. Before contractors are paid for |
repair work conducted under the CLEAR-WIN Program, each |
|
dwelling unit assisted must be inspected by a lead risk |
assessor or lead inspector licensed in Illinois, and an |
appropriate number of dust samples must be collected from in |
and around the work areas for lead analysis, with results in |
compliance with levels set by the Lead Poisoning Prevention Act |
and the Illinois Lead Poisoning Prevention Code. All costs of |
evaluation shall be the responsibility of the property owner |
who received the grant or loan, but will be provided for by the |
Department for grant recipients and may be included in the |
amount of the loan. Additional repairs and clean-up costs |
associated with a failed clearance test, including follow-up |
tests, shall be the responsibility of the contractor. |
(e) Within 6 months after the effective date of this Act, |
the Advisory Council shall recommend to the Department Lead |
Safe Housing Maintenance Standards for purposes of the |
CLEAR-WIN Program. Except for properties where all lead-based |
paint has been removed, the standards shall describe the |
responsibilities of property owners and tenants in maintaining |
lead-safe housing, including but not limited to, prescribing |
special cleaning, repair, and maintenance necessary to reduce |
the chance that properties will cause lead poisoning in child |
occupants. Recipients of CLEAR-WIN grants and loans shall be |
required to continue to maintain their properties in compliance |
with these Lead Safe Housing Maintenance Standards. Failure to |
maintain properties in accordance with these Standards may |
result in repayment of grant funds or termination of the loan.
|
|
(f) From funds appropriated, the Department may pay grants |
and reasonable administrative costs. |
(Source: P.A. 95-492, eff. 1-1-08.) |
ARTICLE 10. PENSION CONTRIBUTIONS |
Section 10-5. The State Finance Act is amended by changing |
Section 8.12 as follows:
|
(30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
|
Sec. 8.12. State Pensions Fund.
|
(a) The moneys in the State Pensions Fund shall be used |
exclusively
for the administration of the Uniform Disposition |
of Unclaimed Property Act and
for the funding of the unfunded |
liabilities of the designated retirement systems. Payments to |
the designated retirement systems under this Section shall be |
in addition to, and not in lieu of, any State contributions |
required under the Illinois Pension Code.
|
"Designated retirement systems" means:
|
(1) the State Employees' Retirement System of |
Illinois;
|
(2) the Teachers' Retirement System of the State of |
Illinois;
|
(3) the State Universities Retirement System;
|
(4) the Judges Retirement System of Illinois; and
|
(5) the General Assembly Retirement System.
|
|
(b) Each year the General Assembly may make appropriations |
from
the State Pensions Fund for the administration of the |
Uniform Disposition of
Unclaimed Property Act.
|
Each month, the Commissioner of the Office of Banks and |
Real Estate shall
certify to the State Treasurer the actual |
expenditures that the Office of
Banks and Real Estate incurred |
conducting unclaimed property examinations under
the Uniform |
Disposition of Unclaimed Property Act during the immediately
|
preceding month. Within a reasonable
time following the |
acceptance of such certification by the State Treasurer, the
|
State Treasurer shall pay from its appropriation from the State |
Pensions Fund
to the Bank and Trust Company Fund and the |
Savings and Residential Finance
Regulatory Fund an amount equal |
to the expenditures incurred by each Fund for
that month.
|
Each month, the Director of Financial Institutions shall
|
certify to the State Treasurer the actual expenditures that the |
Department of
Financial Institutions incurred conducting |
unclaimed property examinations
under the Uniform Disposition |
of Unclaimed Property Act during the immediately
preceding |
month. Within a reasonable time following the acceptance of |
such
certification by the State Treasurer, the State Treasurer |
shall pay from its
appropriation from the State Pensions Fund
|
to the Financial Institutions Fund and the Credit Union Fund
an |
amount equal to the expenditures incurred by each Fund for
that |
month.
|
(c) As soon as possible after the effective date of this |
|
amendatory Act of the 93rd General Assembly, the General |
Assembly shall appropriate from the State Pensions Fund (1) to |
the State Universities Retirement System the amount certified |
under Section 15-165 during the prior year, (2) to the Judges |
Retirement System of Illinois the amount certified under |
Section 18-140 during the prior year, and (3) to the General |
Assembly Retirement System the amount certified under Section |
2-134 during the prior year as part of the required
State |
contributions to each of those designated retirement systems; |
except that amounts appropriated under this subsection (c) in |
State fiscal year 2005 shall not reduce the amount in the State |
Pensions Fund below $5,000,000. If the amount in the State |
Pensions Fund does not exceed the sum of the amounts certified |
in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, |
the amount paid to each designated retirement system under this |
subsection shall be reduced in proportion to the amount |
certified by each of those designated retirement systems.
|
(c-5) For fiscal years 2006, 2007, 2008, 2009, and 2010 , |
and 2011 the General Assembly shall appropriate from the State |
Pensions Fund to the State Universities Retirement System the |
amount estimated to be available during the fiscal year in the |
State Pensions Fund; provided, however, that the amounts |
appropriated under this subsection (c-5) shall not reduce the |
amount in the State Pensions Fund below $5,000,000.
|
(c-6) For fiscal year 2012 2011 and each fiscal year |
thereafter, as soon as may be practical after any money is |
|
deposited into the State Pensions Fund from the Unclaimed |
Property Trust Fund, the State Treasurer shall apportion the |
deposited amount among the designated retirement systems as |
defined in subsection (a) to reduce their actuarial reserve |
deficiencies. The State Comptroller and State Treasurer shall |
pay the apportioned amounts to the designated retirement |
systems to fund the unfunded liabilities of the designated |
retirement systems. The amount apportioned to each designated |
retirement system shall constitute a portion of the amount |
estimated to be available for appropriation from the State |
Pensions Fund that is the same as that retirement system's |
portion of the total actual reserve deficiency of the systems, |
as determined annually by the Governor's Office of Management |
and Budget at the request of the State Treasurer. The amounts |
apportioned under this subsection shall not reduce the amount |
in the State Pensions Fund below $5,000,000. |
(d) The
Governor's Office of Management and Budget shall |
determine the individual and total
reserve deficiencies of the |
designated retirement systems. For this purpose,
the
|
Governor's Office of Management and Budget shall utilize the |
latest available audit and actuarial
reports of each of the |
retirement systems and the relevant reports and
statistics of |
the Public Employee Pension Fund Division of the Department of
|
Insurance.
|
(d-1) As soon as practicable after the effective date of |
this
amendatory Act of the 93rd General Assembly, the |
|
Comptroller shall
direct and the Treasurer shall transfer from |
the State Pensions Fund to
the General Revenue Fund, as funds |
become available, a sum equal to the
amounts that would have |
been paid
from the State Pensions Fund to the Teachers' |
Retirement System of the State
of Illinois,
the State |
Universities Retirement System, the Judges Retirement
System |
of Illinois, the
General Assembly Retirement System, and the |
State Employees'
Retirement System
of Illinois
after the |
effective date of this
amendatory Act during the remainder of |
fiscal year 2004 to the
designated retirement systems from the |
appropriations provided for in
this Section if the transfers |
provided in Section 6z-61 had not
occurred. The transfers |
described in this subsection (d-1) are to
partially repay the |
General Revenue Fund for the costs associated with
the bonds |
used to fund the moneys transferred to the designated
|
retirement systems under Section 6z-61.
|
(e) The changes to this Section made by this amendatory Act |
of 1994 shall
first apply to distributions from the Fund for |
State fiscal year 1996.
|
(Source: P.A. 94-91, eff. 7-1-05; 95-950, eff. 8-29-08.)
|
Section 10-10. The State Pension Funds Continuing |
Appropriation Act is amended by changing Section 1 as follows:
|
(40 ILCS 15/1)
|
Sec. 1. Appropriations from State Pensions Fund. |
|
(a) For the purpose of making
up any deficiency in the |
appropriations to the designated retirement systems
that are |
required to be made under Section 8.12 of the State Finance |
Act, there
is hereby appropriated, on a continuing annual basis |
in each fiscal year, from
the State Pensions Fund to each |
designated retirement system, the amount, if
any, by which the |
total appropriation to that system from the State Pensions
Fund |
for that fiscal year is less than the amount required to be |
appropriated
to that retirement system under Section 8.12 of |
the State Finance Act.
|
The annual appropriation under this Section to each |
designated retirement
system shall take effect on July 1 for |
the State fiscal year beginning on that
date.
|
The amount of any continuing appropriation used by a |
retirement system
under this Section for a given fiscal year |
shall be charged against the
unexpended amount of any |
appropriation to that retirement system for
that fiscal year |
under Section 8.12 of the State Finance Act that subsequently
|
becomes available, subject to Section 8.3 of the State Finance |
Act.
|
"Designated retirement systems" means the State Employees' |
Retirement
System of Illinois, the Teachers' Retirement System |
of the State of
Illinois, the State Universities Retirement |
System, the Judges Retirement
System of Illinois, and the |
General Assembly Retirement System.
|
The appropriations made in this Section are appropriated to |
|
the designated
retirement systems for the funding of the |
unfunded liabilities of the designated retirement systems and |
are in addition to, and not in lieu of, any State contributions |
required under the Illinois Pension Code.
|
(b) For State fiscal year 2011 only, a continuing |
appropriation is provided to the State Universities' |
Retirement System that shall not exceed the amount certified by |
the System on or before December 31, 2009; however, the |
continuing appropriation shall not reduce the amount in the |
State Pensions Fund below $5,000,000. |
(Source: P.A. 95-950, eff. 8-29-08.)
|
ARTICLE 95. SEVERABILITY |
Section 95-95. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes. |
ARTICLE 99. EFFECTIVE DATE
|
Section 99-99. Effective date. This Act takes effect July |
1, 2010.
|