Public Act 096-0959
 
SB3662 Enrolled LRB096 20410 HLH 36056 b

    AN ACT concerning revenue.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
ARTICLE 1. SHORT TITLE; PURPOSE

 
    Section 1-1. Short title. This Act may be cited as the
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
the amounts been appropriated directly to the agency, board, or
commission for that purpose.
    (b) This Section is repealed on June 30, 2011.
 
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.
    (a)(1) Each legislative support services agency listed in
    Section 1-3 is hereafter in this Section referred to as the
    Agency.
    (2) (Blank).
    (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
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
Representatives. All appointments shall be in writing and filed
with the Secretary of State as a public record.
    Members shall serve a 2-year term, and must be appointed by
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
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.
    (b) (Blank).
    (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
co-chairmen of each Agency shall serve for a 2-year term,
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
Secretary of the Senate and the Clerk of the House of
Representatives, each ex officio.
    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.
    (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.
    (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
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
to the Personnel Code.
    The executive director of the Office of the Architect of
the Capitol shall be known as the Architect of the Capitol.
(Source: P.A. 93-632, eff. 2-1-04.)
 
    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.
    (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
    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
    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;
        (2) federal funds received by the Department of Central
    Management Services (the "Department") as a result of
    expenditures from the Fund;
        (3) interest earned on moneys in the Fund; and
        (4) receipts or inter-fund transfers resulting from
    billings issued by the Department to State agencies for the
    cost of professional services rendered by the Department
    that are not compensated through the specific fund
    transfers authorized by this Section.
    (b) Moneys in the Fund may be used by the Department for
reimbursement or payment for:
        (1) providing professional services to State agencies
    or other State entities;
        (2) rendering other services to State agencies at the
    Governor's direction or to other State entities upon
    agreement between the Director of Central Management
    Services and the appropriate official or governing body of
    the other State entity; or
        (3) providing for payment of administrative and other
    expenses incurred by the Department in providing
    professional services.
    (c) State agencies or other State entities may direct the
Comptroller to process inter-fund transfers or make payment
through the voucher and warrant process to the Professional
Services Fund in satisfaction of billings issued under
subsection (a) of this Section.
    (d) Reconciliation. For the fiscal year beginning on July
1, 2004 only, the Director of Central Management Services (the
"Director") shall order that each State agency's payments and
transfers made to the Fund be reconciled with actual Fund costs
for professional services provided by the Department on no less
than an annual basis. The Director may require reports from
State agencies as deemed necessary to perform this
reconciliation.
    (e) The following amounts are authorized for transfer into
the Professional Services Fund for the fiscal year beginning
July 1, 2004:
    General Revenue Fund...........................$5,440,431
    Road Fund........................................$814,468
    Motor Fuel Tax Fund..............................$263,500
    Child Support Administrative Fund................$234,013
    Professions Indirect Cost Fund...................$276,800
    Capital Development Board Revolving Fund.........$207,610
    Bank & Trust Company Fund........................$200,214
    State Lottery Fund...............................$193,691
    Insurance Producer Administration Fund...........$174,672
    Insurance Financial Regulation Fund..............$168,327
    Illinois Clean Water Fund........................$124,675
    Clean Air Act (CAA) Permit Fund...................$91,803
    Statistical Services Revolving Fund...............$90,959
    Financial Institution Fund.......................$109,428
    Horse Racing Fund.................................$71,127
    Health Insurance Reserve Fund.....................$66,577
    Solid Waste Management Fund.......................$61,081
    Guardianship and Advocacy Fund.....................$1,068
    Agricultural Premium Fund............................$493
    Wildlife and Fish Fund...............................$247
    Radiation Protection Fund.........................$33,277
    Nuclear Safety Emergency Preparedness Fund........$25,652
    Tourism Promotion Fund............................$6,814
    All of these transfers shall be made on July 1, 2004, or as
soon thereafter as practical. These transfers shall be made
notwithstanding any other provision of State law to the
contrary.
    (e-5) Notwithstanding any other provision of State law to
the contrary, on or after July 1, 2005 and through June 30,
2006, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Director of Central Management Services, the State Comptroller
shall direct and the State Treasurer shall transfer amounts
into the Professional Services Fund from the designated funds
not exceeding the following totals:
    Food and Drug Safety Fund..........................$3,249
    Financial Institution Fund........................$12,942
    General Professions Dedicated Fund.................$8,579
    Illinois Department of Agriculture
        Laboratory Services Revolving Fund...........$1,963
    Illinois Veterans' Rehabilitation Fund............$11,275
    State Boating Act Fund............................$27,000
    State Parks Fund..................................$22,007
    Agricultural Premium Fund.........................$59,483
    Fire Prevention Fund..............................$29,862
    Mental Health Fund................................$78,213
    Illinois State Pharmacy Disciplinary Fund..........$2,744
    Radiation Protection Fund.........................$16,034
    Solid Waste Management Fund.......................$37,669
    Illinois Gaming Law Enforcement Fund...............$7,260
    Subtitle D Management Fund.........................$4,659
    Illinois State Medical Disciplinary Fund...........$8,602
    Department of Children and
        Family Services Training Fund.................$29,906
    Facility Licensing Fund............................$1,083
    Youth Alcoholism and Substance
        Abuse Prevention Fund..........................$2,783
    Plugging and Restoration Fund......................$1,105
    State Crime Laboratory Fund........................$1,353
    Motor Vehicle Theft Prevention Trust Fund..........$9,190
    Weights and Measures Fund..........................$4,932
    Solid Waste Management Revolving
        Loan Fund......................................$2,735
    Illinois School Asbestos Abatement Fund............$2,166
    Violence Prevention Fund...........................$5,176
    Capital Development Board Revolving Fund..........$14,777
    DCFS Children's Services Fund..................$1,256,594
    State Police DUI Fund..............................$1,434
    Illinois Health Facilities Planning Fund...........$3,191
    Emergency Public Health Fund.......................$7,996
    Fair and Exposition Fund...........................$3,732
    Nursing Dedicated and Professional Fund............$5,792
    Optometric Licensing and Disciplinary Board Fund...$1,032
    Underground Resources Conservation Enforcement Fund.$1,221
    State Rail Freight Loan Repayment Fund.............$6,434
    Drunk and Drugged Driving Prevention Fund..........$5,473
    Illinois Affordable Housing Trust Fund...........$118,222
    Community Water Supply Laboratory Fund............$10,021
    Used Tire Management Fund.........................$17,524
    Natural Areas Acquisition Fund....................$15,501
    Open Space Lands Acquisition
        and Development Fund..........................$49,105
    Working Capital Revolving Fund...................$126,344
    State Garage Revolving Fund.......................$92,513
    Statistical Services Revolving Fund..............$181,949
    Paper and Printing Revolving Fund..................$3,632
    Air Transportation Revolving Fund..................$1,969
    Communications Revolving Fund....................$304,278
    Environmental Laboratory Certification Fund........$1,357
    Public Health Laboratory Services Revolving Fund...$5,892
    Provider Inquiry Trust Fund........................$1,742
    Lead Poisoning Screening,
        Prevention, and Abatement Fund.................$8,200
    Drug Treatment Fund...............................$14,028
    Feed Control Fund..................................$2,472
    Plumbing Licensure and Program Fund................$3,521
    Insurance Premium Tax Refund Fund..................$7,872
    Tax Compliance and Administration Fund.............$5,416
    Appraisal Administration Fund......................$2,924
    Trauma Center Fund................................$40,139
    Alternate Fuels Fund...............................$1,467
    Illinois State Fair Fund..........................$13,844
    State Asset Forfeiture Fund........................$8,210
    Federal Asset Forfeiture Fund......................$6,471
    Department of Corrections Reimbursement
        and Education Fund............................$78,965
    Health Facility Plan Review Fund...................$3,444
    LEADS Maintenance Fund.............................$6,075
    State Offender DNA Identification
        System Fund....................................$1,712
    Illinois Historic Sites Fund.......................$4,511
    Public Pension Regulation Fund.....................$2,313
    Workforce, Technology, and Economic
        Development Fund...............................$5,357
    Renewable Energy Resources Trust Fund.............$29,920
    Energy Efficiency Trust Fund.......................$8,368
    Pesticide Control Fund.............................$6,687
    Conservation 2000 Fund............................$30,764
    Wireless Carrier Reimbursement Fund...............$91,024
    International Tourism Fund........................$13,057
    Public Transportation Fund.......................$701,837
    Horse Racing Fund.................................$18,589
    Death Certificate Surcharge Fund...................$1,901
    State Police Wireless Service
        Emergency Fund.................................$1,012
    Downstate Public Transportation Fund.............$112,085
    Motor Carrier Safety Inspection Fund...............$6,543
    State Police Whistleblower Reward
        and Protection Fund............................$1,894
    Illinois Standardbred Breeders Fund................$4,412
    Illinois Thoroughbred Breeders Fund................$6,635
    Illinois Clean Water Fund.........................$17,579
    Independent Academic Medical Center Fund...........$5,611
    Child Support Administrative Fund................$432,527
    Corporate Headquarters Relocation
        Assistance Fund................................$4,047
    Local Initiative Fund.............................$58,762
    Tourism Promotion Fund............................$88,072
    Digital Divide Elimination Fund...................$11,593
    Presidential Library and Museum Operating Fund.....$4,624
    Metro-East Public Transportation Fund.............$47,787
    Medical Special Purposes Trust Fund...............$11,779
    Dram Shop Fund....................................$11,317
    Illinois State Dental Disciplinary Fund............$1,986
    Hazardous Waste Research Fund......................$1,333
    Real Estate License Administration Fund...........$10,886
    Traffic and Criminal Conviction
        Surcharge Fund................................$44,798
    Criminal Justice Information
        Systems Trust Fund.............................$5,693
    Design Professionals Administration
        and Investigation Fund.........................$2,036
    State Surplus Property Revolving Fund..............$6,829
    Illinois Forestry Development Fund.................$7,012
    State Police Services Fund........................$47,072
    Youth Drug Abuse Prevention Fund...................$1,299
    Metabolic Screening and Treatment Fund............$15,947
    Insurance Producer Administration Fund............$30,870
    Coal Technology Development Assistance Fund.......$43,692
    Rail Freight Loan Repayment Fund...................$1,016
    Low-Level Radioactive Waste
        Facility Development and Operation Fund......$1,989
    Environmental Protection Permit and Inspection Fund.$32,125
    Park and Conservation Fund........................$41,038
    Local Tourism Fund................................$34,492
    Illinois Capital Revolving Loan Fund..............$10,624
    Illinois Equity Fund...............................$1,929
    Large Business Attraction Fund.....................$5,554
    Illinois Beach Marina Fund.........................$5,053
    International and Promotional Fund.................$1,466
    Public Infrastructure Construction
        Loan Revolving Fund............................$3,111
    Insurance Financial Regulation Fund...............$42,575
    Total                                         $4,975,487
    (e-7) Notwithstanding any other provision of State law to
the contrary, on or after July 1, 2006 and through June 30,
2007, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Director of Central Management Services, the State Comptroller
shall direct and the State Treasurer shall transfer amounts
into the Professional Services Fund from the designated funds
not exceeding the following totals:
    Food and Drug Safety Fund..........................$3,300
    Financial Institution Fund........................$13,000
    General Professions Dedicated Fund.................$8,600
    Illinois Department of Agriculture
        Laboratory Services Revolving Fund.............$2,000
    Illinois Veterans' Rehabilitation Fund............$11,300
    State Boating Act Fund............................$27,200
    State Parks Fund..................................$22,100
    Agricultural Premium Fund.........................$59,800
    Fire Prevention Fund..............................$30,000
    Mental Health Fund................................$78,700
    Illinois State Pharmacy Disciplinary Fund..........$2,800
    Radiation Protection Fund.........................$16,100
    Solid Waste Management Fund.......................$37,900
    Illinois Gaming Law Enforcement Fund...............$7,300
    Subtitle D Management Fund.........................$4,700
    Illinois State Medical Disciplinary Fund...........$8,700
    Facility Licensing Fund............................$1,100
    Youth Alcoholism and
        Substance Abuse Prevention Fund................$2,800
    Plugging and Restoration Fund......................$1,100
    State Crime Laboratory Fund........................$1,400
    Motor Vehicle Theft Prevention Trust Fund..........$9,200
    Weights and Measures Fund..........................$5,000
    Illinois School Asbestos Abatement Fund............$2,200
    Violence Prevention Fund...........................$5,200
    Capital Development Board Revolving Fund..........$14,900
    DCFS Children's Services Fund..................$1,294,000
    State Police DUI Fund..............................$1,400
    Illinois Health Facilities Planning Fund...........$3,200
    Emergency Public Health Fund.......................$8,000
    Fair and Exposition Fund...........................$3,800
    Nursing Dedicated and Professional Fund............$5,800
    Optometric Licensing and Disciplinary Board Fund...$1,000
    Underground Resources Conservation
        Enforcement Fund...............................$1,200
    State Rail Freight Loan Repayment Fund.............$6,500
    Drunk and Drugged Driving Prevention Fund..........$5,500
    Illinois Affordable Housing Trust Fund...........$118,900
    Community Water Supply Laboratory Fund............$10,100
    Used Tire Management Fund.........................$17,600
    Natural Areas Acquisition Fund....................$15,600
    Open Space Lands Acquisition
        and Development Fund..........................$49,400
    Working Capital Revolving Fund...................$127,100
    State Garage Revolving Fund.......................$93,100
    Statistical Services Revolving Fund..............$183,000
    Paper and Printing Revolving Fund..................$3,700
    Air Transportation Revolving Fund..................$2,000
    Communications Revolving Fund....................$306,100
    Environmental Laboratory Certification Fund........$1,400
    Public Health Laboratory Services
        Revolving Fund.................................$5,900
    Provider Inquiry Trust Fund........................$1,800
    Lead Poisoning Screening, Prevention,
        and Abatement Fund.............................$8,200
    Drug Treatment Fund...............................$14,100
    Feed Control Fund..................................$2,500
    Plumbing Licensure and Program Fund................$3,500
    Insurance Premium Tax Refund Fund..................$7,900
    Tax Compliance and Administration Fund.............$5,400
    Appraisal Administration Fund......................$2,900
    Trauma Center Fund................................$40,400
    Alternate Fuels Fund..............................$1,500
    Illinois State Fair Fund..........................$13,900
    State Asset Forfeiture Fund........................$8,300
    Department of Corrections
        Reimbursement and Education Fund..............$79,400
    Health Facility Plan Review Fund...................$3,500
    LEADS Maintenance Fund.............................$6,100
    State Offender DNA Identification System Fund......$1,700
    Illinois Historic Sites Fund.......................$4,500
    Public Pension Regulation Fund.....................$2,300
    Workforce, Technology, and Economic
        Development Fund...............................$5,400
    Renewable Energy Resources Trust Fund.............$30,100
    Energy Efficiency Trust Fund.......................$8,400
    Pesticide Control Fund.............................$6,700
    Conservation 2000 Fund............................$30,900
    Wireless Carrier Reimbursement Fund...............$91,600
    International Tourism Fund........................$13,100
    Public Transportation Fund.......................$705,900
    Horse Racing Fund.................................$18,700
    Death Certificate Surcharge Fund...................$1,900
    State Police Wireless Service Emergency Fund.......$1,000
    Downstate Public Transportation Fund.............$112,700
    Motor Carrier Safety Inspection Fund...............$6,600
    State Police Whistleblower
        Reward and Protection Fund.....................$1,900
    Illinois Standardbred Breeders Fund................$4,400
    Illinois Thoroughbred Breeders Fund................$6,700
    Illinois Clean Water Fund.........................$17,700
    Child Support Administrative Fund................$435,100
    Tourism Promotion Fund............................$88,600
    Digital Divide Elimination Fund...................$11,700
    Presidential Library and Museum Operating Fund.....$4,700
    Metro-East Public Transportation Fund.............$48,100
    Medical Special Purposes Trust Fund...............$11,800
    Dram Shop Fund....................................$11,400
    Illinois State Dental Disciplinary Fund............$2,000
    Hazardous Waste Research Fund......................$1,300
    Real Estate License Administration Fund...........$10,900
    Traffic and Criminal Conviction Surcharge Fund....$45,100
    Criminal Justice Information Systems Trust Fund....$5,700
    Design Professionals Administration
        and Investigation Fund.........................$2,000
    State Surplus Property Revolving Fund..............$6,900
    State Police Services Fund........................$47,300
    Youth Drug Abuse Prevention Fund...................$1,300
    Metabolic Screening and Treatment Fund............$16,000
    Insurance Producer Administration Fund............$31,100
    Coal Technology Development Assistance Fund.......$43,900
    Low-Level Radioactive Waste Facility
        Development and Operation Fund.................$2,000
    Environmental Protection Permit
        and Inspection Fund...........................$32,300
    Park and Conservation Fund........................$41,300
    Local Tourism Fund................................$34,700
    Illinois Capital Revolving Loan Fund..............$10,700
    Illinois Equity Fund...............................$1,900
    Large Business Attraction Fund.....................$5,600
    Illinois Beach Marina Fund.........................$5,100
    International and Promotional Fund.................$1,500
    Public Infrastructure Construction
        Loan Revolving Fund............................$3,100
    Insurance Financial Regulation Fund..............$42,800
    Total                                         $4,918,200
    (e-10) Notwithstanding any other provision of State law to
the contrary and in addition to any other transfers that may be
provided for by law, on the first day of each calendar quarter
of the fiscal year beginning July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer from each designated fund
into the Professional Services Fund amounts equal to one-fourth
of each of the following totals:
    General Revenue Fund...........................$4,440,000
    Road Fund......................................$5,324,411
    Total                                         $9,764,411
    (e-15) Notwithstanding any other provision of State law to
the contrary and in addition to any other transfers that may be
provided for by law, the State Comptroller shall direct and the
State Treasurer shall transfer from the funds specified into
the Professional Services Fund according to the schedule
specified herein as follows:
    General Revenue Fund..........................$4,466,000
    Road Fund.....................................$5,355,500
    Total                                         $9,821,500
    One-fourth of the specified amount shall be transferred on
each of July 1 and October 1, 2006, or as soon as may be
practical thereafter, and one-half of the specified amount
shall be transferred on January 1, 2007, or as soon as may be
practical thereafter.
    (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.