Bill Text: IL SB1810 | 2015-2016 | 99th General Assembly | Chaptered


Bill Title: Amends the Alcoholism and Other Drug Abuse and Dependency Act. Provides that the following persons shall not, as a result of their acts or omissions, be liable for civil damages under the Department of Human Services' Drug Prevention Program: (i) a health care professional who, acting in good faith, directly or by standing order, prescribes or dispenses an opioid antidote to a patient who, in the judgment of the health care professional, is capable of administering the drug in an emergency; and (ii) a person who is not otherwise licensed to administer an opioid antidote but who is permitted under the Act to administer an opioid antidote in an emergency if the person has received certain patient information and believes in good faith that another person is experiencing a drug overdose. Effective immediately.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2016-06-30 - Public Act . . . . . . . . . 99-0523 [SB1810 Detail]

Download: Illinois-2015-SB1810-Chaptered.html



Public Act 099-0523
SB1810 EnrolledLRB099 00139 KTG 20139 b
AN ACT concerning State government.
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
FY2017 Stopgap Budget Implementation Act.
Section 1-5. Purpose. It is the purpose of this Act to make
changes in State programs that are necessary to implement the
Governor's Fiscal Year 2017 stopgap budget recommendations.
ARTICLE 5. AMENDATORY PROVISIONS
Section 5-5. The Illinois Lottery Law is amended by
changing Section 7.12 as follows:
(20 ILCS 1605/7.12)
Sec. 7.12. Internet pilot program.
(a) The General Assembly finds that:
(1) the consumer market in Illinois has changed since
the creation of the Illinois State Lottery in 1974;
(2) the Internet has become an integral part of
everyday life for a significant number of Illinois
residents not only in regards to their professional life,
but also in regards to personal business and communication;
and
(3) the current practices of selling lottery tickets
does not appeal to the new form of market participants who
prefer to make purchases on the Internet at their own
convenience.
It is the intent of the General Assembly to create an
Internet pilot program for the sale of lottery tickets to
capture this new form of market participant.
(b) The Department shall create a pilot program that allows
an individual 18 years of age or older to purchase lottery
tickets or shares on the Internet without using a Lottery
retailer with on-line status, as those terms are defined by
rule. The Department shall restrict the sale of lottery tickets
on the Internet to transactions initiated and received or
otherwise made exclusively within the State of Illinois. The
Department shall adopt rules necessary for the administration
of this program. These rules shall include, among other things,
requirements for marketing of the Lottery to infrequent
players, as well as limitations on the purchases that may be
made through any one individual's lottery account. The
provisions of this Act and the rules adopted under this Act
shall apply to the sale of lottery tickets or shares under this
program.
Before beginning the pilot program, the Department of the
Lottery must submit a request to the United States Department
of Justice for review of the State's plan to implement a pilot
program for the sale of lottery tickets on the Internet and its
propriety under federal law. The Department shall implement the
Internet pilot program only if the Department of Justice does
not object to the implementation of the program within a
reasonable period of time after its review.
The Department is obligated to implement the pilot program
set forth in this Section and Sections 7.15 and 7.16 only at
such time, and to such extent, that the Department of Justice
does not object to the implementation of the program within a
reasonable period of time after its review. While the Illinois
Lottery may only offer Lotto, Mega Millions, and Powerball
games through the pilot program, the Department shall request
review from the federal Department of Justice for the Illinois
Lottery to sell lottery tickets on the Internet on behalf of
the State of Illinois that are not limited to just these games.
The Department shall authorize the private manager to
implement and administer the program pursuant to the management
agreement entered into under Section 9.1 and in a manner
consistent with the provisions of this Section. If a private
manager has not been selected pursuant to Section 9.1 at the
time the Department is obligated to implement the pilot
program, then the Department shall not proceed with the pilot
program until after the selection of the private manager, at
which time the Department shall authorize the private manager
to implement and administer the program pursuant to the
management agreement entered into under Section 9.1 and in a
manner consistent with the provisions of this Section.
The pilot program shall last for not less than 36 months,
but not more than 48 months from the date of its initial
operation.
Nothing in this Section shall be construed as prohibiting
the Department from implementing and operating a website portal
whereby individuals who are 18 years of age or older with an
Illinois mailing address may apply to purchase lottery tickets
via subscription. Nothing in this Section shall also be
construed as prohibiting the sale of Lotto, Mega Millions, and
Powerball games by a lottery licensee pursuant to the
Department's rules.
(c) (Blank). There is created the Internet Lottery Study
Committee as an advisory body within the Department. The
Department shall conduct a study to determine the impact of the
Internet pilot program on lottery licensees. The Department
shall also determine the feasibility of the sale of stored
value cards by lottery licensees as a non-exclusive option for
use by individuals 18 years of age or older who purchase
tickets for authorized lottery games in the Internet pilot
program. For the purposes of this study, it is anticipated that
the stored value cards will have, but need not be limited to,
the following characteristics: (1) the cards will be available
only to individuals 18 years of age and older; (2) the cards
will be rechargeable, closed-loop cards that can only be loaded
with cash; (3) the cards will have unique identifying numbers
to be used for on-line play; (4) the cards will have on-line
play subtracted from the card's value; (5) the cards may have
on-line winnings added to them; (6) the cards will be used at
Lottery retailers to cash out winnings of up to $600; and (7)
the cards will meet all technological, programming, and
security requirements mandated by the Department and the
governing bodies of both Mega Millions and Powerball.
To the fullest extent possible, but subject to available
resources, the Department shall ensure that the study evaluates
and analyzes at least the following issues:
(1) economic benefits to the State from Internet
Lottery sales from stored value cards and from resulting
sales taxes;
(2) economic benefits to local governments from sales
taxes generated from Internet Lottery sales through stored
value cards;
(3) economic benefits to Lottery retailers from
Internet Lottery sales and from ancillary retail product
sales in connection with the same;
(4) enhanced player age verification from face-to-face
interaction;
(5) enhanced control of gambling addiction from
face-to-face interaction;
(6) elimination of credit card overspending through
the use of stored value cards and resulting reduced debt
issues;
(7) the feasibility of the utilization of existing
Lottery machines to dispense stored value cards;
(8) the technological, programming, and security
requirements to make stored value cards an appropriate
sales alternative; and
(9) the cost and project time estimates for
implementation, including adaptation of existing Lottery
machines, programming, and technology enhancements and
impact to operations.
The Study Committee shall consist of the Director or his or
her designee; the chief executive officer of the Lottery's
private manager or his or her designee; a representative
appointed by the Governor's Office; 2 representatives of the
lottery licensee community appointed by the Director; one
representative of a statewide association representing food
retailers appointed by the Director; and one representative of
a statewide association representing retail merchants
appointed by the Director.
Members of the Study Committee shall be appointed within 30
days after the effective date of this amendatory Act of the
97th General Assembly. No later than 6 months after the
effective date of this amendatory Act of the 97th General
Assembly, the Department shall provide to the members of the
Study Committee the proposed findings and recommendations of
the study in order to solicit input from the Study Committee.
Within 30 calendar days thereafter, the Study Committee shall
convene a meeting of the members to discuss the proposed
findings and recommendations of the study. No later than 15
calendar days after meeting, the Study Committee shall submit
to the Department any written changes, additions, or
corrections the Study Committee wishes the Department to make
to the study. The Department shall consider the propriety of
and respond to each change, addition, or correction offered by
the Study Committee in the study. The Department shall also set
forth any such change, addition, or correction offered by
members of the Study Committee and the Department's responses
thereto in the appendix to the study. No later than 15 calendar
days after receiving the changes, additions, or corrections
offered by the Study Committee, the Department shall deliver
copies of the final study and appendices, if any, to the
Governor, President of the Senate, Minority Leader of the
Senate, Speaker of the House of Representatives, Minority
Leader of the House of Representatives, and each of the members
of the Study Committee.
(d) This Section is repealed on July 1, 2017.
(Source: P.A. 97-464, eff. 10-15-11; 97-1121, eff. 8-27-12;
98-499, eff. 8-16-13.)
Section 5-7. The General Assembly Compensation Act is
amended by changing Section 1 as follows:
(25 ILCS 115/1) (from Ch. 63, par. 14)
Sec. 1. Each member of the General Assembly shall receive
an annual salary of $28,000 or as set by the Compensation
Review Board, whichever is greater. The following named
officers, committee chairmen and committee minority spokesmen
shall receive additional amounts per year for their services as
such officers, committee chairmen and committee minority
spokesmen respectively, as set by the Compensation Review Board
or, as follows, whichever is greater: Beginning the second
Wednesday in January 1989, the Speaker and the minority leader
of the House of Representatives and the President and the
minority leader of the Senate, $16,000 each; the majority
leader in the House of Representatives $13,500; 6 assistant
majority leaders and 5 assistant minority leaders in the
Senate, $12,000 each; 6 assistant majority leaders and 6
assistant minority leaders in the House of Representatives,
$10,500 each; 2 Deputy Majority leaders in the House of
Representatives $11,500 each; and 2 Deputy Minority leaders in
the House of Representatives, $11,500 each; the majority caucus
chairman and minority caucus chairman in the Senate, $12,000
each; and beginning the second Wednesday in January, 1989, the
majority conference chairman and the minority conference
chairman in the House of Representatives, $10,500 each;
beginning the second Wednesday in January, 1989, the chairman
and minority spokesman of each standing committee of the
Senate, except the Rules Committee, the Committee on
Committees, and the Committee on Assignment of Bills, $6,000
each; and beginning the second Wednesday in January, 1989, the
chairman and minority spokesman of each standing and select
committee of the House of Representatives, $6,000 each. A
member who serves in more than one position as an officer,
committee chairman, or committee minority spokesman shall
receive only one additional amount based on the position paying
the highest additional amount. The compensation provided for in
this Section to be paid per year to members of the General
Assembly, including the additional sums payable per year to
officers of the General Assembly shall be paid in 12 equal
monthly installments. The first such installment is payable on
January 31, 1977. All subsequent equal monthly installments are
payable on the last working day of the month. A member who has
held office any part of a month is entitled to compensation for
an entire month.
Mileage shall be paid at the rate of 20 cents per mile
before January 9, 1985, and at the mileage allowance rate in
effect under regulations promulgated pursuant to 5 U.S.C.
5707(b)(2) beginning January 9, 1985, for the number of actual
highway miles necessarily and conveniently traveled by the most
feasible route to be present upon convening of the sessions of
the General Assembly by such member in each and every trip
during each session in going to and returning from the seat of
government, to be computed by the Comptroller. A member
traveling by public transportation for such purposes, however,
shall be paid his actual cost of that transportation instead of
on the mileage rate if his cost of public transportation
exceeds the amount to which he would be entitled on a mileage
basis. No member may be paid, whether on a mileage basis or for
actual costs of public transportation, for more than one such
trip for each week the General Assembly is actually in session.
Each member shall also receive an allowance of $36 per day for
lodging and meals while in attendance at sessions of the
General Assembly before January 9, 1985; beginning January 9,
1985, such food and lodging allowance shall be equal to the
amount per day permitted to be deducted for such expenses under
the Internal Revenue Code; however, beginning May 31, 1995, no
allowance for food and lodging while in attendance at sessions
is authorized for periods of time after the last day in May of
each calendar year, except (i) if the General Assembly is
convened in special session by either the Governor or the
presiding officers of both houses, as provided by subsection
(b) of Section 5 of Article IV of the Illinois Constitution or
(ii) if the General Assembly is convened to consider bills
vetoed, item vetoed, reduced, or returned with specific
recommendations for change by the Governor as provided in
Section 9 of Article IV of the Illinois Constitution. For
fiscal year 2011 and for session days in fiscal years 2012,
2013, 2014, 2015, and 2016, and 2017 only (i) the allowance for
lodging and meals is $111 per day and (ii) mileage for
automobile travel shall be reimbursed at a rate of $0.39 per
mile.
Notwithstanding any other provision of law to the contrary,
beginning in fiscal year 2012, travel reimbursement for General
Assembly members on non-session days shall be calculated using
the guidelines set forth by the Legislative Travel Control
Board, except that fiscal year 2012, 2013, 2014, 2015, and
2016, and 2017 mileage reimbursement is set at a rate of $0.39
per mile.
If a member dies having received only a portion of the
amount payable as compensation, the unpaid balance shall be
paid to the surviving spouse of such member, or, if there be
none, to the estate of such member.
(Source: P.A. 98-30, eff. 6-24-13; 98-682, eff. 6-30-14;
99-355, eff. 8-13-15.)
Section 5-8. The Compensation Review Act is amended by
adding Section 6.4 as follows:
(25 ILCS 120/6.4 new)
Sec. 6.4. FY17 COLAs prohibited. Notwithstanding any
former or current provision of this Act, any other law, any
report of the Compensation Review Board, or any resolution of
the General Assembly to the contrary, members of the General
Assembly, State's attorneys, other than the county supplement,
elected executive branch constitutional officers of State
government, and persons in certain appointed offices of State
government, including the membership of State departments,
agencies, boards, and commissions, whose annual compensation
previously was recommended or determined by the Compensation
Review Board, are prohibited from receiving and shall not
receive any increase in compensation that would otherwise apply
based on a cost of living adjustment, as authorized by Senate
Joint Resolution 192 of the 86th General Assembly, for or
during the fiscal year beginning July 1, 2016.
Section 5-10. The State Finance Act is amended by changing
Sections 5k, 6z-27, 6z-51, and 8.3 as follows:
(30 ILCS 105/5k)
Sec. 5k. Cash flow borrowing and general funds liquidity;
FY15.
(a) In order to meet cash flow deficits and to maintain
liquidity in the General Revenue Fund and the Health Insurance
Reserve Fund, on and after July 1, 2014 and through June 30,
2015, the State Treasurer and the State Comptroller shall make
transfers to the General Revenue Fund and the Health Insurance
Reserve Fund, as directed by the Governor, out of special funds
of the State, to the extent allowed by federal law. No such
transfer may reduce the cumulative balance of all of the
special funds of the State to an amount less than the total
debt service payable during the 12 months immediately following
the date of the transfer on any bonded indebtedness of the
State and any certificates issued under the Short Term
Borrowing Act. At no time shall the outstanding total transfers
made from the special funds of the State to the General Revenue
Fund and the Health Insurance Reserve Fund under this Section
exceed $650,000,000; once the amount of $650,000,000 has been
transferred from the special funds of the State to the General
Revenue Fund and the Health Insurance Reserve Fund, additional
transfers may be made from the special funds of the State to
the General Revenue Fund and the Health Insurance Reserve Fund
under this Section only to the extent that moneys have first
been re-transferred from the General Revenue Fund and the
Health Insurance Reserve Fund to those special funds of the
State. Notwithstanding any other provision of this Section, no
such transfer may be made from any special fund that is
exclusively collected by or appropriated to any other
constitutional officer without the written approval of that
constitutional officer.
(b) If moneys have been transferred to the General Revenue
Fund and the Health Insurance Reserve Fund pursuant to
subsection (a) of this Section, this amendatory Act of the 98th
General Assembly shall constitute the continuing authority for
and direction to the State Treasurer and State Comptroller to
reimburse the funds of origin from the General Revenue Fund by
transferring to the funds of origin, at such times and in such
amounts as directed by the Governor when necessary to support
appropriated expenditures from the funds, an amount equal to
that transferred from them plus any interest that would have
accrued thereon had the transfer not occurred, except that any
moneys transferred pursuant to subsection (a) of this Section
shall be repaid to the fund of origin within 18 months after
the date on which they were borrowed. When any of the funds
from which moneys have been transferred pursuant to subsection
(a) have insufficient cash from which the State Comptroller may
make expenditures properly supported by appropriations from
the fund, then the State Treasurer and State Comptroller shall
transfer from the General Revenue Fund to the fund only such
amount as is immediately necessary to satisfy outstanding
expenditure obligations on a timely basis.
(c) On the first day of each quarterly period in each
fiscal year, until such time as a report indicates that all
moneys borrowed and interest pursuant to this Section have been
repaid, the Governor's Office of Management and Budget shall
provide to the President and the Minority Leader of the Senate,
the Speaker and the Minority Leader of the House of
Representatives, and the Commission on Government Forecasting
and Accountability a report on all transfers made pursuant to
this Section in the prior quarterly period. The report must be
provided in electronic format. The report must include all of
the following:
(1) The date each transfer was made.
(2) The amount of each transfer.
(3) In the case of a transfer from the General Revenue
Fund to a fund of origin pursuant to subsection (b) of this
Section, the amount of interest being paid to the fund of
origin.
(4) The end of day balance of the fund of origin, the
General Revenue Fund and the Health Insurance Reserve Fund
on the date the transfer was made.
(Source: P.A. 98-682, eff. 6-30-14.)
(30 ILCS 105/6z-27)
Sec. 6z-27. All moneys in the Audit Expense Fund shall be
transferred, appropriated and used only for the purposes
authorized by, and subject to the limitations and conditions
prescribed by, the State Auditing Act.
Within 30 days after the effective date of this amendatory
Act of the 99th General Assembly, the State Comptroller shall
order transferred and the State Treasurer shall transfer from
the following funds moneys in the specified amounts for deposit
into the Audit Expense Fund:
Agricultural Premium Fund..............................19,395
Anna Veterans Home Fund................................12,842
Appraisal Administration Fund...........................3,740
Athletics Supervision and Regulation Fund.................599
Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund...................16,998
Attorney General Whistleblower Reward and
Protection Fund....................................12,417
Bank and Trust Company Fund............................91,273
Capital Development Board Revolving Fund................2,655
Care Provider Fund for Persons with a
Developmental Disability............................4,576
Cemetery Oversight Licensing and Disciplinary Fund......5,060
Chicago State University Education Improvement Fund.....4,717
Child Support Administrative Fund.......................2,833
Coal Technology Development Assistance Fund.............7,891
Commitment to Human Services Fund......................23,860
Common School Fund....................................428,811
The Communications Revolving Fund.......................7,163
The Community Association Manager
Licensing and Disciplinary Fund.......................817
Community Mental Health Medicaid Trust Fund............10,761
Credit Union Fund......................................17,533
Cycle Rider Safety Training Fund..........................589
DCFS Children's Services Fund.........................249,796
Department of Business Services Special Operations Fund.3,354
Department of Corrections Reimbursement
and Education Fund.................................16,949
Department of Human Services Community Services Fund......821
Design Professionals Administration
and Investigation Fund..............................3,768
Digital Divide Elimination Fund.........................2,087
The Downstate Public Transportation Fund...............23,216
Driver Services Administration Fund.......................820
Drivers Education Fund..................................1,221
Drug Rebate Fund.......................................10,020
Education Assistance Fund...........................1,594,645
Electronic Health Record Incentive Fund.................1,090
Energy Efficiency Portfolio Standards Fund.............37,275
Estate Tax Refund Fund..................................1,242
Facilities Management Revolving Fund...................13,526
Fair and Exposition Fund..................................826
Federal Asset Forfeiture Fund...........................1,094
Federal High Speed Rail Trust Fund.....................29,251
Federal Workforce Training Fund........................86,488
Feed Control Fund.......................................1,479
Fertilizer Control Fund...................................929
The Fire Prevention Fund..............................114,348
Fund for the Advancement of Education..................13,642
General Professions Dedicated Fund.....................24,725
General Revenue Fund...............................17,051,839
Grade Crossing Protection Fund..........................6,588
Health and Human Services Medicaid Trust Fund...........4,153
Healthcare Provider Relief Fund.......................106,645
Hospital Provider Fund.................................36,223
Illinois Affordable Housing Trust Fund..................5,592
Illinois Capital Revolving Loan Fund......................627
Illinois Charity Bureau Fund............................3,403
Illinois Gaming Law Enforcement Fund....................1,885
Illinois Standardbred Breeders Fund.......................946
Illinois State Dental Disciplinary Fund.................4,382
Illinois State Fair Fund................................6,727
Illinois State Medical Disciplinary Fund...............15,709
Illinois State Pharmacy Disciplinary Fund...............5,619
Illinois Thoroughbred Breeders Fund.....................1,172
Illinois Veterans Assistance Fund.......................8,519
Illinois Veterans' Rehabilitation Fund....................658
Illinois Workers' Compensation Commission
Operations Fund.....................................2,849
IMSA Income Fund.......................................11,085
Income Tax Refund Fund................................170,345
Insurance Financial Regulation Fund....................94,108
Insurance Premium Tax Refund Fund......................13,251
Insurance Producer Administration Fund.................86,750
International Tourism Fund..............................2,578
LaSalle Veterans Home Fund.............................42,416
LEADS Maintenance Fund..................................1,223
Live and Learn Fund.....................................6,473
The Local Government Distributive Fund................106,860
Local Tourism Fund......................................9,144
Long-Term Care Provider Fund............................5,951
Manteno Veterans Home Fund.............................73,818
Medical Interagency Program Fund..........................811
Medical Special Purposes Trust Fund.......................521
Mental Health Fund......................................4,704
Motor Carrier Safety Inspection Fund....................2,188
The Motor Fuel Tax Fund................................73,255
Motor Vehicle License Plate Fund........................3,976
Nursing Dedicated and Professional Fund.................9,858
Optometric Licensing and Disciplinary Board Fund........1,382
Partners for Conservation Fund..........................8,083
Pawnbroker Regulation Fund................................853
The Personal Property Tax Replacement Fund............105,572
Pesticide Control Fund..................................5,634
Professional Services Fund................................726
Professions Indirect Cost Fund........................140,237
Public Pension Regulation Fund.........................10,026
The Public Transportation Fund.........................61,189
Quincy Veterans Home Fund..............................88,224
Real Estate License Administration Fund................23,587
Registered Certified Public Accountants'
Administration and Disciplinary Fund................1,370
Renewable Energy Resources Trust Fund...................1,689
Residential Finance Regulatory Fund....................12,638
The Road Fund.........................................332,667
Regional Transportation Authority
Occupation and Use Tax Replacement Fund.............2,526
Savings Bank Regulatory Fund..............................851
School Infrastructure Fund..............................4,852
Secretary of State DUI Administration Fund................544
Secretary of State Identification Security
and Theft Prevention Fund...........................1,645
Secretary of State Special License Plate Fund...........1,203
Secretary of State Special Services Fund................6,197
Securities Audit and Enforcement Fund...................2,793
Solid Waste Management Fund.............................1,262
Special Education Medicaid Matching Fund................2,217
State and Local Sales Tax Reform Fund...................5,177
State Asset Forfeiture Fund.............................1,945
State Construction Account Fund........................67,375
State Crime Laboratory Fund...............................566
State Gaming Fund.....................................246,099
The State Garage Revolving Fund.........................3,606
The State Lottery Fund................................201,779
State Offender DNA Identification System Fund...........2,246
State Pensions Fund...................................500,000
State Police DUI Fund...................................1,560
State Police Firearm Services Fund......................6,152
State Police Services Fund.............................19,425
State Police Vehicle Fund...............................6,991
State Police Whistleblower Reward and Protection Fund...4,430
State Police Wireless Service Emergency Fund..............894
The Statistical Services Revolving Fund................10,266
Supplemental Low-Income Energy Assistance Fund.........67,729
Tax Compliance and Administration Fund..................1,145
Tobacco Settlement Recovery Fund........................3,199
Tourism Promotion Fund.................................42,906
Traffic and Criminal Conviction Surcharge Fund..........4,885
Underground Storage Tank Fund..........................19,316
University of Illinois Hospital Services Fund...........2,862
The Vehicle Inspection Fund...............................909
Violent Crime Victims Assistance Fund..................13,828
Weights and Measures Fund...............................4,826
The Working Capital Revolving Fund.....................30,401
Within 30 days after July 14, 2015 (the effective date of
Public Act 99-38) this amendatory Act of the 99th General
Assembly, the State Comptroller shall order transferred and the
State Treasurer shall transfer from the following funds moneys
in the specified amounts for deposit into the Audit Expense
Fund:
African-American HIV/AIDS Response Fund.................2,333
Agricultural Premium Fund.............................141,245
Assisted Living and Shared Housing Regulatory Fund......1,146
Capital Development Board Revolving Fund................1,473
Care Provider Fund for Persons with
a Developmental Disability........................13,520
Carolyn Adams Ticket For The Cure Grant Fund..............632
CD LIS/ AAMV Anet/NMVTIS Trust Fund.......................587
Chicago State University Education Improvement Fund.....9,881
Child Support Administrative Fund.......................5,192
Common School Fund....................................255,306
The Communications Revolving Fund......................14,823
Community Mental Health Medicaid Trust Fund............43,141
Death Certificate Surcharge Fund........................2,596
Death Penalty Abolition Fund..............................864
Department of Business Services Special Operations Fund.9,484
Department of Human Services Community Services Fund....6,131
The Downstate Public Transportation Fund................7,975
Drug Rebate Fund.......................................16,022
Drug Treatment Fund.....................................1,392
Drunk and Drugged Driving Prevention Fund.................772
The Education Assistance Fund.......................1,587,191
Electronic Health Record Incentive Fund.................4,196
Emergency Public Health Fund............................8,501
EMS Assistance Fund.......................................796
Estate Tax Refund Fund..................................1,792
Facilities Management Revolving Fund...................22,122
Facility Licensing Fund.................................4,655
Fair and Exposition Fund................................5,440
Federal High Speed Rail Trust Fund......................6,789
Feed Control Fund.......................................5,082
Fertilizer Control Fund.................................6,041
The Fire Prevention Fund................................4,653
Food and Drug Safety Fund...............................1,636
General Professions Dedicated Fund......................3,296
The General Revenue Fund...........................17,190,905
Grade Crossing Protection Fund..........................1,134
Health and Human Services Medicaid Trust Fund..........14,252
Health Facility Plan Review Fund........................3,355
Healthcare Provider Relief Fund.......................220,261
Healthy Smiles Fund.......................................694
Home Care Services Agency Licensure Fund................1,383
Hospital Provider Fund.................................77,300
ICJIA Violence Prevention Fund..........................2,370
Illinois Affordable Housing Trust Fund..................6,609
Illinois Department of Agriculture
Laboratory Services Revolving Fund.................3,386
Illinois Health Facilities Planning Fund................3,582
Illinois School Asbestos Abatement Fund.................1,742
Illinois Standardbred Breeders Fund.....................7,697
Illinois State Fair Fund...............................40,283
Illinois Thoroughbred Breeders Fund....................11,711
Illinois Veterans' Rehabilitation Fund..................2,084
Illinois Workers' Compensation Commission
Operations Fund..................................182,586
IMSA Income Fund........................................7,840
Income Tax Refund Fund.................................62,221
Lead Poisoning Screening, Prevention, and Abatement Fund.4,507
Live and Learn Fund....................................18,652
Lobbyist Registration Administration Fund.................623
The Local Government Distributive Fund.................35,569
Long Term Care Monitor/Receiver Fund...................24,533
Long-Term Care Provider Fund...........................15,559
Low-Level Radioactive Waste Facility
Development and Operation Fund.....................1,286
Mandatory Arbitration Fund..............................2,978
Medical Interagency Program Fund........................2,120
Medical Special Purposes Trust Fund.....................1,829
Mental Health Fund.....................................10,964
Metabolic Screening and Treatment Fund.................28,495
Monitoring Device Driving Permit Administration Fee Fund.1,021
The Motor Fuel Tax Fund................................27,802
Motor Vehicle License Plate Fund.......................10,715
Motor Vehicle Theft Prevention Trust Fund..............10,219
Multiple Sclerosis Research Fund........................2,552
Nuclear Safety Emergency Preparedness Fund.............31,006
Nursing Dedicated and Professional Fund.................2,350
Partners for Conservation Fund.........................69,830
The Personal Property Tax Replacement Fund.............36,349
Pesticide Control Fund.................................32,100
Plumbing Licensure and Program Fund.....................2,237
Professional Services Fund..............................1,177
Public Health Laboratory Services Revolving Fund........5,556
The Public Transportation Fund.........................20,547
Radiation Protection Fund..............................12,033
The Road Fund.........................................153,257
Regional Transportation Authority
Occupation and Use Tax Replacement Fund..............799
School Infrastructure Fund..............................5,976
Secretary of State DUI Administration Fund..............1,767
Secretary of State Identification
Security and Theft Prevention Fund.................2,551
Secretary of State Special License Plate Fund...........3,483
Secretary of State Special Services Fund...............21,708
Securities Audit and Enforcement Fund...................5,637
Securities Investors Education Fund.......................894
Special Education Medicaid Matching Fund................4,648
State and Local Sales Tax Reform Fund...................1,651
State Construction Account Fund........................27,868
The State Garage Revolving Fund.........................7,320
The State Lottery Fund................................398,712
State Pensions Fund...................................500,000
The Statistical Services Revolving Fund................17,481
Supreme Court Historic Preservation Fund...............28,000
Tanning Facility Permit Fund..............................549
Tobacco Settlement Recovery Fund.......................30,438
Trauma Center Fund.....................................10,050
University of Illinois Hospital Services Fund...........9,247
The Vehicle Inspection Fund.............................2,810
Weights and Measures Fund..............................31,534
The Working Capital Revolving Fund....................15,960
Notwithstanding any provision of the law to the contrary,
the General Assembly hereby authorizes the use of such funds
for the purposes set forth in this Section.
These provisions do not apply to funds classified by the
Comptroller as federal trust funds or State trust funds. The
Audit Expense Fund may receive transfers from those trust funds
only as directed herein, except where prohibited by the terms
of the trust fund agreement. The Auditor General shall notify
the trustees of those funds of the estimated cost of the audit
to be incurred under the Illinois State Auditing Act for the
fund. The trustees of those funds shall direct the State
Comptroller and Treasurer to transfer the estimated amount to
the Audit Expense Fund.
The Auditor General may bill entities that are not subject
to the above transfer provisions, including private entities,
related organizations and entities whose funds are
locally-held, for the cost of audits, studies, and
investigations incurred on their behalf. Any revenues received
under this provision shall be deposited into the Audit Expense
Fund.
In the event that moneys on deposit in any fund are
unavailable, by reason of deficiency or any other reason
preventing their lawful transfer, the State Comptroller shall
order transferred and the State Treasurer shall transfer the
amount deficient or otherwise unavailable from the General
Revenue Fund for deposit into the Audit Expense Fund.
On or before December 1, 1992, and each December 1
thereafter, the Auditor General shall notify the Governor's
Office of Management and Budget (formerly Bureau of the Budget)
of the amount estimated to be necessary to pay for audits,
studies, and investigations in accordance with the Illinois
State Auditing Act during the next succeeding fiscal year for
each State fund for which a transfer or reimbursement is
anticipated.
Beginning with fiscal year 1994 and during each fiscal year
thereafter, the Auditor General may direct the State
Comptroller and Treasurer to transfer moneys from funds
authorized by the General Assembly for that fund. In the event
funds, including federal and State trust funds but excluding
the General Revenue Fund, are transferred, during fiscal year
1994 and during each fiscal year thereafter, in excess of the
amount to pay actual costs attributable to audits, studies, and
investigations as permitted or required by the Illinois State
Auditing Act or specific action of the General Assembly, the
Auditor General shall, on September 30, or as soon thereafter
as is practicable, direct the State Comptroller and Treasurer
to transfer the excess amount back to the fund from which it
was originally transferred.
(Source: P.A. 98-270, eff. 8-9-13; 98-676, eff. 6-30-14; 99-38,
eff. 7-14-15.)
(30 ILCS 105/6z-51)
Sec. 6z-51. Budget Stabilization Fund.
(a) The Budget Stabilization Fund, a special fund in the
State Treasury, shall consist of moneys appropriated or
transferred to that Fund, as provided in Section 6z-43 and as
otherwise provided by law. All earnings on Budget Stabilization
Fund investments shall be deposited into that Fund.
(b) The State Comptroller may direct the State Treasurer to
transfer moneys from the Budget Stabilization Fund to the
General Revenue Fund in order to meet cash flow deficits
resulting from timing variations between disbursements and the
receipt of funds within a fiscal year. Any moneys so borrowed
in any fiscal year other than Fiscal Year 2011 shall be repaid
by June 30 of the fiscal year in which they were borrowed. Any
moneys so borrowed in Fiscal Year 2011 shall be repaid no later
than July 15, 2011.
(c) During Fiscal Year 2017 only, amounts may be expended
from the Budget Stabilization Fund only pursuant to specific
authorization by appropriation. Any moneys expended pursuant
to appropriation shall not be subject to repayment.
(Source: P.A. 97-44, eff. 6-28-11.)
(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, during fiscal year
2012 only, for the purposes of a grant not to exceed
$8,500,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2013 only, for the
purposes of a grant not to exceed $3,825,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or, during fiscal
year 2014 only, for the purposes of a grant not to exceed
$3,825,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2015 only, for the
purposes of a grant not to exceed $3,825,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or, during fiscal
year 2016 only, for the purposes of a grant not to exceed
$3,825,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2017 only, for the
purposes of a grant not to exceed $3,825,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or for any of those
purposes or any other purpose that may be provided by law.
Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement;
1. Department of Public Health;
2. Department of Transportation, only with respect to
subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly, except during fiscal year 2012
only when no more than $40,000,000 may be expended and
except during fiscal year 2013 only when no more than
$17,570,300 may be expended and except during fiscal year
2014 only when no more than $17,570,000 may be expended and
except during fiscal year 2015 only when no more than
$17,570,000 may be expended and except during fiscal year
2016 only when no more than $17,570,000 may be expended and
except during fiscal year 2017 only when no more than
$17,570,000 may be expended;
3. Department of Central Management Services, except
for expenditures incurred for group insurance premiums of
appropriate personnel;
4. Judicial Systems and Agencies.
Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. 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, except during fiscal year 2012
only when no more than $40,000,000 may be expended and
except during fiscal year 2013 only when no more than
$26,000,000 may be expended and except during fiscal year
2014 only when no more than $38,000,000 may be expended and
except during fiscal year 2015 only when no more than
$42,000,000 may be expended and except during fiscal year
2016 only when no more than $38,300,000 may be expended and
except during fiscal year 2017 only when no more than
$50,000,000 may be expended, and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. 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, or during fiscal
year 2012 only for the purposes of a grant not to exceed
$8,500,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2013 only for the purposes
of a grant not to exceed $3,825,000 to the Regional
Transportation Authority on behalf of PACE for the purpose
of ADA/Para-transit expenses, or during fiscal year 2014
only for the purposes of a grant not to exceed $3,825,000
to the Regional Transportation Authority on behalf of PACE
for the purpose of ADA/Para-transit expenses, or during
fiscal year 2015 only for the purposes of a grant not to
exceed $3,825,000 to the Regional Transportation Authority
on behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2016 only for the purposes
of a grant not to exceed $3,825,000 to the Regional
Transportation Authority on behalf of PACE for the purpose
of ADA/Para-transit expenses, or during fiscal year 2017
only for the purposes of a grant not to exceed $3,825,000
to the Regional Transportation Authority on behalf of PACE
for the purpose of ADA/Para-transit expenses, and the costs
for patrolling and policing the public highways (by 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 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. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
eff. 6-19-13; 98-674, eff. 6-30-14.)
Section 5-15. The State Revenue Sharing Act is amended by
adding Section 11.1 as follows:
(30 ILCS 115/11.1 new)
Sec. 11.1. Funding of certain school districts.
(a) On July 1, 2016, or as soon as practical thereafter,
the State Board of Education shall identify to the Department
of Revenue school districts having Personal Property Tax
Replacement Fund receipts totaling 15% or more of their total
revenues in fiscal year 2015.
(b) In fiscal year 2017, any school district identified
under subsection (a) shall receive, in addition to its annual
distributions from the Personal Property Tax Replacement Fund,
7% of the total amount distributed to the school district from
the Personal Property Tax Replacement Fund during fiscal year
2015, provided that the total amount of additional
distributions under this Section shall not exceed $2,900,000.
If the total additional distributions exceed $2,900,000, such
distributions shall be calculated on a pro rata basis, based on
the percentage of each district's total fiscal year 2015
revenues to the total fiscal year 2015 revenues of all
districts qualifying for an additional distribution under this
Section.
Section 5-20. The Illinois Coal Technology Development
Assistance Act is amended by changing Section 4 as follows:
(30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
Sec. 4. Expenditures from Coal Technology Development
Assistance Fund.
(a) The contents of the Coal Technology Development
Assistance Fund may be expended, subject to appropriation by
the General Assembly, in such amounts and at such times as the
Department, with the advice and recommendation of the Board,
may deem necessary or desirable for the purposes of this Act.
(b) The Department shall develop a written plan containing
measurable 3-year and 10-year goals and objectives in regard to
the funding of coal research and coal demonstration and
commercialization projects, and programs designed to preserve
and enhance markets for Illinois coal. In developing these
goals and objectives, the Department shall consider and
determine the appropriate balance for the achievement of
near-term and long-term goals and objectives and of ensuring
the timely commercial application of cost-effective
technologies or energy and chemical production processes or
systems utilizing coal. The Department shall develop the
initial goals and objectives no later than December 1, 1993,
and develop revised goals and objectives no later than July 1
annually thereafter.
(c) (Blank).
(d) Subject to appropriation, the Department of Natural
Resources may use moneys in the Coal Technology Development
Assistance Fund to administer its responsibilities under the
Surface Coal Mining Land Conservation and Reclamation Act.
(Source: P.A. 89-499, eff. 6-28-96; 90-348, eff. 1-1-98;
90-372, eff. 7-1-98; 90-655, eff. 7-30-98.)
Section 5-25. The Illinois Police Training Act is amended
by changing Section 9 as follows:
(50 ILCS 705/9) (from Ch. 85, par. 509)
Sec. 9. A special fund is hereby established in the State
Treasury to be known as the Traffic and Criminal Conviction
Surcharge Fund and shall be financed as provided in Section 9.1
of this Act and Section 5-9-1 of the Unified Code of
Corrections, unless the fines, costs, or additional amounts
imposed are subject to disbursement by the circuit clerk under
Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
shall be expended as follows:
(1) a portion of the total amount deposited in the Fund
may be used, as appropriated by the General Assembly, for
the ordinary and contingent expenses of the Illinois Law
Enforcement Training Standards Board;
(2) a portion of the total amount deposited in the Fund
shall be appropriated for the reimbursement of local
governmental agencies participating in training programs
certified by the Board, in an amount equaling 1/2 of the
total sum paid by such agencies during the State's previous
fiscal year for mandated training for probationary police
officers or probationary county corrections officers and
for optional advanced and specialized law enforcement or
county corrections training; these reimbursements may
include the costs for tuition at training schools, the
salaries of trainees while in schools, and the necessary
travel and room and board expenses for each trainee; if the
appropriations under this paragraph (2) are not sufficient
to fully reimburse the participating local governmental
agencies, the available funds shall be apportioned among
such agencies, with priority first given to repayment of
the costs of mandatory training given to law enforcement
officer or county corrections officer recruits, then to
repayment of costs of advanced or specialized training for
permanent police officers or permanent county corrections
officers;
(3) a portion of the total amount deposited in the Fund
may be used to fund the Intergovernmental Law Enforcement
Officer's In-Service Training Act, veto overridden October
29, 1981, as now or hereafter amended, at a rate and method
to be determined by the board;
(4) a portion of the Fund also may be used by the
Illinois Department of State Police for expenses incurred
in the training of employees from any State, county or
municipal agency whose function includes enforcement of
criminal or traffic law;
(5) a portion of the Fund may be used by the Board to
fund grant-in-aid programs and services for the training of
employees from any county or municipal agency whose
functions include corrections or the enforcement of
criminal or traffic law;
(6) for fiscal years 2013 through 2017 , 2014, and 2015
only, a portion of the Fund also may be used by the
Department of State Police to finance any of its lawful
purposes or functions; and
(7) a portion of the Fund may be used by the Board,
subject to appropriation, to administer grants to local law
enforcement agencies for the purpose of purchasing
bulletproof vests under the Law Enforcement Officer
Bulletproof Vest Act.
All payments from the Traffic and Criminal Conviction
Surcharge Fund shall be made each year from moneys appropriated
for the purposes specified in this Section. No more than 50% of
any appropriation under this Act shall be spent in any city
having a population of more than 500,000. The State Comptroller
and the State Treasurer shall from time to time, at the
direction of the Governor, transfer from the Traffic and
Criminal Conviction Surcharge Fund to the General Revenue Fund
in the State Treasury such amounts as the Governor determines
are in excess of the amounts required to meet the obligations
of the Traffic and Criminal Conviction Surcharge Fund.
(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
98-743, eff. 1-1-15; 99-78, eff. 7-20-15.)
Section 5-30. The Law Enforcement Camera Grant Act is
amended by changing Section 25 as follows:
(50 ILCS 707/25)
Sec. 25. No fund sweep. Notwithstanding any other provision
of law, moneys in the Law Enforcement Camera Grant Fund may not
be appropriated, assigned, or transferred to another State
fund, except that, notwithstanding any other provision of law,
in addition to any other transfers that may be provided by law,
on the effective date of this amendatory Act of the 99th
General Assembly, 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 Law Enforcement Camera Grant
Fund to the Traffic and Criminal Conviction Surcharge Fund.
(Source: P.A. 99-352, eff. 1-1-16.)
Section 5-35. 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 pupils through verified participation
in an e-learning program approved by the State Board of
Education under Section 10-20.56 of the Code shall be
considered as full days of attendance for purposes of this
Section.
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) (Blank).
(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 assessment that includes a
college and career ready determination is administered
under subsection (c) of Section 2-3.64a-5 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.
(j) Pupils enrolled in a remote educational program
established under Section 10-29 of this Code may be counted
on the basis of one-fifth day of attendance for every clock
hour of instruction attended in the remote educational
program, provided that, in any month, the school district
may not claim for a student enrolled in a remote
educational program more days of attendance than the
maximum number of days of attendance the district can claim
(i) for students enrolled in a building holding year-round
classes if the student is classified as participating in
the remote educational program on a year-round schedule or
(ii) for students enrolled in a building not holding
year-round classes if the student is not classified as
participating in the remote educational program on a
year-round schedule.
(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.
(3.5) For the 2010-2011 school year and each school year
thereafter, if a school district's boundaries span multiple
counties, then the Department of Revenue shall send to the
State Board of Education, for the purpose of calculating
general State aid, the limiting rate and individual rates by
purpose for the county that contains the majority of the school
district's Equalized Assessed Valuation.
(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.
(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) (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.
(Q) State Fiscal Year 2015 Payments.
For payments made for State fiscal year 2015, the State
Board of Education shall, for each school district, calculate
that district's pro-rata share of a minimum sum of $13,600,000
or additional amounts as needed from the total net General
State Aid funding as calculated under this Section that shall
be deemed attributable to the provision of special educational
facilities and services, as defined in Section 14-1.08 of this
Code, in a manner that ensures compliance with maintenance of
State financial support requirements under the federal
Individuals with Disabilities Education Act. Each school
district must use such funds only for the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, and must comply with any expenditure
verification procedures adopted by the State Board of
Education.
(R) State Fiscal Year 2016 Payments.
For payments made for State fiscal year 2016, the State
Board of Education shall, for each school district, calculate
that district's pro rata share of a minimum sum of $1 or
additional amounts as needed from the total net General State
Aid funding as calculated under this Section that shall be
deemed attributable to the provision of special educational
facilities and services, as defined in Section 14-1.08 of this
Code, in a manner that ensures compliance with maintenance of
State financial support requirements under the federal
Individuals with Disabilities Education Act. Each school
district must use such funds only for the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, and must comply with any expenditure
verification procedures adopted by the State Board of
Education.
(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
eff. 7-30-15.)
Section 5-40. The Board of Higher Education Act is amended
by adding Section 9.35 as follows:
(110 ILCS 205/9.35 new)
Sec. 9.35. Assistance in financial emergencies.
(a) In this Section, "financial emergency" means a
situation that requires a reduction or reallocation of staff
and expenditures and the consequent reduction, reorganization,
or termination of programs and activities that cannot be
achieved through normal academic, administrative, budgetary,
and personnel processes.
(b) In fiscal year 2017 the Board, in consultation with the
Illinois Community College Board, shall conduct a review to
determine the existence of a financial emergency at a public
institution of higher education that requires financial
assistance from the Board, but only after the institution's
governing board has formally requested the review by adopting a
resolution stating that the institution is in a state of
financial emergency that requires financial assistance from
the Board. To be in a state of financial emergency, the
institution must demonstrate that it is significantly
diminishing all available resources and must satisfy any other
factors determined appropriate by the Board. Subject to
appropriation, payments shall be made to institutions in a
state of financial emergency, in such amounts as shall be
deemed necessary by the Board, in order to minimize, to the
extent practicable, adverse impacts to students as a
consequence of emergent staff or programmatic reductions.
ARTICLE 10. RETIREMENT CONTRIBUTIONS
Section 10-5. The State Finance Act is amended by changing
Sections 8.12 and 14.1 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 expenses incurred by the
Auditor General for administering the provisions of Section
2-8.1 of the Illinois State Auditing Act and for the funding of
the unfunded liabilities of the designated retirement systems.
Beginning in State fiscal year 2018 2017, 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, the Savings
Bank Regulatory Fund, and the 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 Institution 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 through 2017 2016, 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 2018 2017 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. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;
98-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15;
99-78, eff. 7-20-15.)
(30 ILCS 105/14.1) (from Ch. 127, par. 150.1)
Sec. 14.1. Appropriations for State contributions to the
State Employees' Retirement System; payroll requirements.
(a) Appropriations for State contributions to the State
Employees' Retirement System of Illinois shall be expended in
the manner provided in this Section. Except as otherwise
provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
time of each payment of salary to an employee under the
personal services line item, payment shall be made to the State
Employees' Retirement System, from the amount appropriated for
State contributions to the State Employees' Retirement System,
of an amount calculated at the rate certified for the
applicable fiscal year by the Board of Trustees of the State
Employees' Retirement System under Section 14-135.08 of the
Illinois Pension Code. If a line item appropriation to an
employer for this purpose is exhausted or is unavailable due to
any limitation on appropriations that may apply, (including,
but not limited to, limitations on appropriations from the Road
Fund under Section 8.3 of the State Finance Act), the amounts
shall be paid under the continuing appropriation for this
purpose contained in the State Pension Funds Continuing
Appropriation Act.
(a-1) Beginning on the effective date of this amendatory
Act of the 93rd General Assembly through the payment of the
final payroll from fiscal year 2004 appropriations,
appropriations for State contributions to the State Employees'
Retirement System of Illinois shall be expended in the manner
provided in this subsection (a-1). At the time of each payment
of salary to an employee under the personal services line item
from a fund other than the General Revenue Fund, payment shall
be made for deposit into the General Revenue Fund from the
amount appropriated for State contributions to the State
Employees' Retirement System of an amount calculated at the
rate certified for fiscal year 2004 by the Board of Trustees of
the State Employees' Retirement System under Section 14-135.08
of the Illinois Pension Code. This payment shall be made to the
extent that a line item appropriation to an employer for this
purpose is available or unexhausted. No payment from
appropriations for State contributions shall be made in
conjunction with payment of salary to an employee under the
personal services line item from the General Revenue Fund.
(a-2) For fiscal year 2010 only, at the time of each
payment of salary to an employee under the personal services
line item from a fund other than the General Revenue Fund,
payment shall be made for deposit into the State Employees'
Retirement System of Illinois from the amount appropriated for
State contributions to the State Employees' Retirement System
of Illinois of an amount calculated at the rate certified for
fiscal year 2010 by the Board of Trustees of the State
Employees' Retirement System of Illinois under Section
14-135.08 of the Illinois Pension Code. This payment shall be
made to the extent that a line item appropriation to an
employer for this purpose is available or unexhausted. For
fiscal year 2010 only, no payment from appropriations for State
contributions shall be made in conjunction with payment of
salary to an employee under the personal services line item
from the General Revenue Fund.
(a-3) For fiscal year 2011 only, at the time of each
payment of salary to an employee under the personal services
line item from a fund other than the General Revenue Fund,
payment shall be made for deposit into the State Employees'
Retirement System of Illinois from the amount appropriated for
State contributions to the State Employees' Retirement System
of Illinois of an amount calculated at the rate certified for
fiscal year 2011 by the Board of Trustees of the State
Employees' Retirement System of Illinois under Section
14-135.08 of the Illinois Pension Code. This payment shall be
made to the extent that a line item appropriation to an
employer for this purpose is available or unexhausted. For
fiscal year 2011 only, no payment from appropriations for State
contributions shall be made in conjunction with payment of
salary to an employee under the personal services line item
from the General Revenue Fund.
(a-4) In fiscal years 2012 through 2017 2016 only, at the
time of each payment of salary to an employee under the
personal services line item from a fund other than the General
Revenue Fund, payment shall be made for deposit into the State
Employees' Retirement System of Illinois from the amount
appropriated for State contributions to the State Employees'
Retirement System of Illinois of an amount calculated at the
rate certified for the applicable fiscal year by the Board of
Trustees of the State Employees' Retirement System of Illinois
under Section 14-135.08 of the Illinois Pension Code. In fiscal
years 2012 through 2017 2016 only, no payment from
appropriations for State contributions shall be made in
conjunction with payment of salary to an employee under the
personal services line item from the General Revenue Fund.
(b) Except during the period beginning on the effective
date of this amendatory Act of the 93rd General Assembly and
ending at the time of the payment of the final payroll from
fiscal year 2004 appropriations, the State Comptroller shall
not approve for payment any payroll voucher that (1) includes
payments of salary to eligible employees in the State
Employees' Retirement System of Illinois and (2) does not
include the corresponding payment of State contributions to
that retirement system at the full rate certified under Section
14-135.08 for that fiscal year for eligible employees, unless
the balance in the fund on which the payroll voucher is drawn
is insufficient to pay the total payroll voucher, or
unavailable due to any limitation on appropriations that may
apply, including, but not limited to, limitations on
appropriations from the Road Fund under Section 8.3 of the
State Finance Act. If the State Comptroller approves a payroll
voucher under this Section for which the fund balance is
insufficient to pay the full amount of the required State
contribution to the State Employees' Retirement System, the
Comptroller shall promptly so notify the Retirement System.
(b-1) For fiscal year 2010 and fiscal year 2011 only, the
State Comptroller shall not approve for payment any non-General
Revenue Fund payroll voucher that (1) includes payments of
salary to eligible employees in the State Employees' Retirement
System of Illinois and (2) does not include the corresponding
payment of State contributions to that retirement system at the
full rate certified under Section 14-135.08 for that fiscal
year for eligible employees, unless the balance in the fund on
which the payroll voucher is drawn is insufficient to pay the
total payroll voucher, or unavailable due to any limitation on
appropriations that may apply, including, but not limited to,
limitations on appropriations from the Road Fund under Section
8.3 of the State Finance Act. If the State Comptroller approves
a payroll voucher under this Section for which the fund balance
is insufficient to pay the full amount of the required State
contribution to the State Employees' Retirement System of
Illinois, the Comptroller shall promptly so notify the
retirement system.
(c) Notwithstanding any other provisions of law, beginning
July 1, 2007, required State and employee contributions to the
State Employees' Retirement System of Illinois relating to
affected legislative staff employees shall be paid out of
moneys appropriated for that purpose to the Commission on
Government Forecasting and Accountability, rather than out of
the lump-sum appropriations otherwise made for the payroll and
other costs of those employees.
These payments must be made pursuant to payroll vouchers
submitted by the employing entity as part of the regular
payroll voucher process.
For the purpose of this subsection, "affected legislative
staff employees" means legislative staff employees paid out of
lump-sum appropriations made to the General Assembly, an
Officer of the General Assembly, or the Senate Operations
Commission, but does not include district-office staff or
employees of legislative support services agencies.
(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
eff. 7-9-15.)
Section 10-10. The Illinois Pension Code is amended by
changing Section 14-131 as follows:
(40 ILCS 5/14-131)
Sec. 14-131. Contributions by State.
(a) The State shall make contributions to the System by
appropriations of amounts which, together with other employer
contributions from trust, federal, and other funds, employee
contributions, investment income, and other income, will be
sufficient to meet the cost of maintaining and administering
the System on a 90% funded basis in accordance with actuarial
recommendations.
For the purposes of this Section and Section 14-135.08,
references to State contributions refer only to employer
contributions and do not include employee contributions that
are picked up or otherwise paid by the State or a department on
behalf of the employee.
(b) The Board shall determine the total amount of State
contributions required for each fiscal year on the basis of the
actuarial tables and other assumptions adopted by the Board,
using the formula in subsection (e).
The Board shall also determine a State contribution rate
for each fiscal year, expressed as a percentage of payroll,
based on the total required State contribution for that fiscal
year (less the amount received by the System from
appropriations under Section 8.12 of the State Finance Act and
Section 1 of the State Pension Funds Continuing Appropriation
Act, if any, for the fiscal year ending on the June 30
immediately preceding the applicable November 15 certification
deadline), the estimated payroll (including all forms of
compensation) for personal services rendered by eligible
employees, and the recommendations of the actuary.
For the purposes of this Section and Section 14.1 of the
State Finance Act, the term "eligible employees" includes
employees who participate in the System, persons who may elect
to participate in the System but have not so elected, persons
who are serving a qualifying period that is required for
participation, and annuitants employed by a department as
described in subdivision (a)(1) or (a)(2) of Section 14-111.
(c) Contributions shall be made by the several departments
for each pay period by warrants drawn by the State Comptroller
against their respective funds or appropriations based upon
vouchers stating the amount to be so contributed. These amounts
shall be based on the full rate certified by the Board under
Section 14-135.08 for that fiscal year. From the effective date
of this amendatory Act of the 93rd General Assembly through the
payment of the final payroll from fiscal year 2004
appropriations, the several departments shall not make
contributions for the remainder of fiscal year 2004 but shall
instead make payments as required under subsection (a-1) of
Section 14.1 of the State Finance Act. The several departments
shall resume those contributions at the commencement of fiscal
year 2005.
(c-1) Notwithstanding subsection (c) of this Section, for
fiscal years 2010, 2012, 2013, 2014, 2015, and 2016, and 2017
only, contributions by the several departments are not required
to be made for General Revenue Funds payrolls processed by the
Comptroller. Payrolls paid by the several departments from all
other State funds must continue to be processed pursuant to
subsection (c) of this Section.
(c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
and 2016, and 2017 only, on or as soon as possible after the
15th day of each month, the Board shall submit vouchers for
payment of State contributions to the System, in a total
monthly amount of one-twelfth of the fiscal year General
Revenue Fund contribution as certified by the System pursuant
to Section 14-135.08 of the Illinois Pension Code.
(d) If an employee is paid from trust funds or federal
funds, the department or other employer shall pay employer
contributions from those funds to the System at the certified
rate, unless the terms of the trust or the federal-State
agreement preclude the use of the funds for that purpose, in
which case the required employer contributions shall be paid by
the State. From the effective date of this amendatory Act of
the 93rd General Assembly through the payment of the final
payroll from fiscal year 2004 appropriations, the department or
other employer shall not pay contributions for the remainder of
fiscal year 2004 but shall instead make payments as required
under subsection (a-1) of Section 14.1 of the State Finance
Act. The department or other employer shall resume payment of
contributions at the commencement of fiscal year 2005.
(e) For State fiscal years 2012 through 2045, the minimum
contribution to the System to be made by the State for each
fiscal year shall be an amount determined by the System to be
sufficient to bring the total assets of the System up to 90% of
the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
so that by State fiscal year 2011, the State is contributing at
the rate required under this Section; except that (i) for State
fiscal year 1998, for all purposes of this Code and any other
law of this State, the certified percentage of the applicable
employee payroll shall be 5.052% for employees earning eligible
creditable service under Section 14-110 and 6.500% for all
other employees, notwithstanding any contrary certification
made under Section 14-135.08 before the effective date of this
amendatory Act of 1997, and (ii) in the following specified
State fiscal years, the State contribution to the System shall
not be less than the following indicated percentages of the
applicable employee payroll, even if the indicated percentage
will produce a State contribution in excess of the amount
otherwise required under this subsection and subsection (a):
9.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
2002; 10.6% in FY 2003; and 10.8% in FY 2004.
Notwithstanding any other provision of this Article, the
total required State contribution to the System for State
fiscal year 2006 is $203,783,900.
Notwithstanding any other provision of this Article, the
total required State contribution to the System for State
fiscal year 2007 is $344,164,400.
For each of State fiscal years 2008 through 2009, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual increments
from the required State contribution for State fiscal year
2007, so that by State fiscal year 2011, the State is
contributing at the rate otherwise required under this Section.
Notwithstanding any other provision of this Article, the
total required State General Revenue Fund contribution for
State fiscal year 2010 is $723,703,100 and shall be made from
the proceeds of bonds sold in fiscal year 2010 pursuant to
Section 7.2 of the General Obligation Bond Act, less (i) the
pro rata share of bond sale expenses determined by the System's
share of total bond proceeds, (ii) any amounts received from
the General Revenue Fund in fiscal year 2010, and (iii) any
reduction in bond proceeds due to the issuance of discounted
bonds, if applicable.
Notwithstanding any other provision of this Article, the
total required State General Revenue Fund contribution for
State fiscal year 2011 is the amount recertified by the System
on or before April 1, 2011 pursuant to Section 14-135.08 and
shall be made from the proceeds of bonds sold in fiscal year
2011 pursuant to Section 7.2 of the General Obligation Bond
Act, less (i) the pro rata share of bond sale expenses
determined by the System's share of total bond proceeds, (ii)
any amounts received from the General Revenue Fund in fiscal
year 2011, and (iii) any reduction in bond proceeds due to the
issuance of discounted bonds, if applicable.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed to
maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not
constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as calculated
under this Section and certified under Section 14-135.08, shall
not exceed an amount equal to (i) the amount of the required
State contribution that would have been calculated under this
Section for that fiscal year if the System had not received any
payments under subsection (d) of Section 7.2 of the General
Obligation Bond Act, minus (ii) the portion of the State's
total debt service payments for that fiscal year on the bonds
issued in fiscal year 2003 for the purposes of that Section
7.2, as determined and certified by the Comptroller, that is
the same as the System's portion of the total moneys
distributed under subsection (d) of Section 7.2 of the General
Obligation Bond Act. In determining this maximum for State
fiscal years 2008 through 2010, however, the amount referred to
in item (i) shall be increased, as a percentage of the
applicable employee payroll, in equal increments calculated
from the sum of the required State contribution for State
fiscal year 2007 plus the applicable portion of the State's
total debt service payments for fiscal year 2007 on the bonds
issued in fiscal year 2003 for the purposes of Section 7.2 of
the General Obligation Bond Act, so that, by State fiscal year
2011, the State is contributing at the rate otherwise required
under this Section.
(f) After the submission of all payments for eligible
employees from personal services line items in fiscal year 2004
have been made, the Comptroller shall provide to the System a
certification of the sum of all fiscal year 2004 expenditures
for personal services that would have been covered by payments
to the System under this Section if the provisions of this
amendatory Act of the 93rd General Assembly had not been
enacted. Upon receipt of the certification, the System shall
determine the amount due to the System based on the full rate
certified by the Board under Section 14-135.08 for fiscal year
2004 in order to meet the State's obligation under this
Section. The System shall compare this amount due to the amount
received by the System in fiscal year 2004 through payments
under this Section and under Section 6z-61 of the State Finance
Act. If the amount due is more than the amount received, the
difference shall be termed the "Fiscal Year 2004 Shortfall" for
purposes of this Section, and the Fiscal Year 2004 Shortfall
shall be satisfied under Section 1.2 of the State Pension Funds
Continuing Appropriation Act. If the amount due is less than
the amount received, the difference shall be termed the "Fiscal
Year 2004 Overpayment" for purposes of this Section, and the
Fiscal Year 2004 Overpayment shall be repaid by the System to
the Pension Contribution Fund as soon as practicable after the
certification.
(g) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:
As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
(h) For purposes of determining the required State
contribution to the System for a particular year, the actuarial
value of assets shall be assumed to earn a rate of return equal
to the System's actuarially assumed rate of return.
(i) After the submission of all payments for eligible
employees from personal services line items paid from the
General Revenue Fund in fiscal year 2010 have been made, the
Comptroller shall provide to the System a certification of the
sum of all fiscal year 2010 expenditures for personal services
that would have been covered by payments to the System under
this Section if the provisions of this amendatory Act of the
96th General Assembly had not been enacted. Upon receipt of the
certification, the System shall determine the amount due to the
System based on the full rate certified by the Board under
Section 14-135.08 for fiscal year 2010 in order to meet the
State's obligation under this Section. The System shall compare
this amount due to the amount received by the System in fiscal
year 2010 through payments under this Section. If the amount
due is more than the amount received, the difference shall be
termed the "Fiscal Year 2010 Shortfall" for purposes of this
Section, and the Fiscal Year 2010 Shortfall shall be satisfied
under Section 1.2 of the State Pension Funds Continuing
Appropriation Act. If the amount due is less than the amount
received, the difference shall be termed the "Fiscal Year 2010
Overpayment" for purposes of this Section, and the Fiscal Year
2010 Overpayment shall be repaid by the System to the General
Revenue Fund as soon as practicable after the certification.
(j) After the submission of all payments for eligible
employees from personal services line items paid from the
General Revenue Fund in fiscal year 2011 have been made, the
Comptroller shall provide to the System a certification of the
sum of all fiscal year 2011 expenditures for personal services
that would have been covered by payments to the System under
this Section if the provisions of this amendatory Act of the
96th General Assembly had not been enacted. Upon receipt of the
certification, the System shall determine the amount due to the
System based on the full rate certified by the Board under
Section 14-135.08 for fiscal year 2011 in order to meet the
State's obligation under this Section. The System shall compare
this amount due to the amount received by the System in fiscal
year 2011 through payments under this Section. If the amount
due is more than the amount received, the difference shall be
termed the "Fiscal Year 2011 Shortfall" for purposes of this
Section, and the Fiscal Year 2011 Shortfall shall be satisfied
under Section 1.2 of the State Pension Funds Continuing
Appropriation Act. If the amount due is less than the amount
received, the difference shall be termed the "Fiscal Year 2011
Overpayment" for purposes of this Section, and the Fiscal Year
2011 Overpayment shall be repaid by the System to the General
Revenue Fund as soon as practicable after the certification.
(k) For fiscal years 2012 through 2017 2016 only, after the
submission of all payments for eligible employees from personal
services line items paid from the General Revenue Fund in the
fiscal year have been made, the Comptroller shall provide to
the System a certification of the sum of all expenditures in
the fiscal year for personal services. Upon receipt of the
certification, the System shall determine the amount due to the
System based on the full rate certified by the Board under
Section 14-135.08 for the fiscal year in order to meet the
State's obligation under this Section. The System shall compare
this amount due to the amount received by the System for the
fiscal year. If the amount due is more than the amount
received, the difference shall be termed the "Prior Fiscal Year
Shortfall" for purposes of this Section, and the Prior Fiscal
Year Shortfall shall be satisfied under Section 1.2 of the
State Pension Funds Continuing Appropriation Act. If the amount
due is less than the amount received, the difference shall be
termed the "Prior Fiscal Year Overpayment" for purposes of this
Section, and the Prior Fiscal Year Overpayment shall be repaid
by the System to the General Revenue Fund as soon as
practicable after the certification.
(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
eff. 7-9-15.)
Section 10-15. The State Pension Funds Continuing
Appropriation Act is amended by changing Section 1.2 as
follows:
(40 ILCS 15/1.2)
Sec. 1.2. Appropriations for the State Employees'
Retirement System.
(a) From each fund from which an amount is appropriated for
personal services to a department or other employer under
Article 14 of the Illinois Pension Code, there is hereby
appropriated to that department or other employer, on a
continuing annual basis for each State fiscal year, an
additional amount equal to the amount, if any, by which (1) an
amount equal to the percentage of the personal services line
item for that department or employer from that fund for that
fiscal year that the Board of Trustees of the State Employees'
Retirement System of Illinois has certified under Section
14-135.08 of the Illinois Pension Code to be necessary to meet
the State's obligation under Section 14-131 of the Illinois
Pension Code for that fiscal year, exceeds (2) the amounts
otherwise appropriated to that department or employer from that
fund for State contributions to the State Employees' Retirement
System for that fiscal year. From the effective date of this
amendatory Act of the 93rd General Assembly through the final
payment from a department or employer's personal services line
item for fiscal year 2004, payments to the State Employees'
Retirement System that otherwise would have been made under
this subsection (a) shall be governed by the provisions in
subsection (a-1).
(a-1) If a Fiscal Year 2004 Shortfall is certified under
subsection (f) of Section 14-131 of the Illinois Pension Code,
there is hereby appropriated to the State Employees' Retirement
System of Illinois on a continuing basis from the General
Revenue Fund an additional aggregate amount equal to the Fiscal
Year 2004 Shortfall.
(a-2) If a Fiscal Year 2010 Shortfall is certified under
subsection (i) of Section 14-131 of the Illinois Pension Code,
there is hereby appropriated to the State Employees' Retirement
System of Illinois on a continuing basis from the General
Revenue Fund an additional aggregate amount equal to the Fiscal
Year 2010 Shortfall.
(a-3) If a Fiscal Year 2016 Shortfall is certified under
subsection (k) of Section 14-131 of the Illinois Pension Code,
there is hereby appropriated to the State Employees' Retirement
System of Illinois on a continuing basis from the General
Revenue Fund an additional aggregate amount equal to the Fiscal
Year 2016 Shortfall.
(b) The continuing appropriations provided for by this
Section shall first be available in State fiscal year 1996.
(c) Beginning in Fiscal Year 2005, any continuing
appropriation under this Section arising out of an
appropriation for personal services from the Road Fund to the
Department of State Police or the Secretary of State shall be
payable from the General Revenue Fund rather than the Road
Fund.
(d) For State fiscal year 2010 only, a continuing
appropriation is provided to the State Employees' Retirement
System equal to the amount certified by the System on or before
December 31, 2008, less the gross proceeds of the bonds sold in
fiscal year 2010 under the authorization contained in
subsection (a) of Section 7.2 of the General Obligation Bond
Act.
(e) For State fiscal year 2011 only, the continuing
appropriation under this Section provided to the State
Employees' Retirement System is limited to an amount equal to
the amount certified by the System on or before December 31,
2009, less any amounts received pursuant to subsection (a-3) of
Section 14.1 of the State Finance Act.
(f) For State fiscal year 2011 only, a continuing
appropriation is provided to the State Employees' Retirement
System equal to the amount certified by the System on or before
April 1, 2011, less the gross proceeds of the bonds sold in
fiscal year 2011 under the authorization contained in
subsection (a) of Section 7.2 of the General Obligation Bond
Act.
(Source: P.A. 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
Section 10-20. The Uniform Disposition of Unclaimed
Property Act is amended by changing Section 18 as follows:
(765 ILCS 1025/18) (from Ch. 141, par. 118)
Sec. 18. Deposit of funds received under the Act.
(a) The State Treasurer shall retain all funds received
under this Act, including the proceeds from the sale of
abandoned property under Section 17, in a trust fund known as
the Unclaimed Property Trust Fund. The State Treasurer may
deposit any amount in the Unclaimed Property Trust Fund into
the State Pensions Fund during the fiscal year at his or her
discretion; however, he or she shall, on April 15 and October
15 of each year, deposit any amount in the Unclaimed Property
Trust Fund trust fund exceeding $2,500,000 into the State
Pensions Fund. If on either April 15 or October 15, the State
Treasurer determines that a balance of $2,500,000 is
insufficient for the prompt payment of unclaimed property
claims authorized under this Act, the Treasurer may retain more
than $2,500,000 in the Unclaimed Property Trust Fund in order
to ensure the prompt payment of claims. Beginning in State
fiscal year 2018 2017, all amounts that are deposited into the
State Pensions Fund from the Unclaimed Property Trust Fund
shall be apportioned to the designated retirement systems as
provided in subsection (c-6) of Section 8.12 of the State
Finance Act to reduce their actuarial reserve deficiencies. He
or she shall make prompt payment of claims he or she duly
allows as provided for in this Act for the Unclaimed Property
Trust Fund trust fund. Before making the deposit the State
Treasurer shall record the name and last known address of each
person appearing from the holders' reports to be entitled to
the abandoned property. The record shall be available for
public inspection during reasonable business hours.
(b) Before making any deposit to the credit of the State
Pensions Fund, the State Treasurer may deduct: (1) any costs in
connection with sale of abandoned property, (2) any costs of
mailing and publication in connection with any abandoned
property, and (3) any costs in connection with the maintenance
of records or disposition of claims made pursuant to this Act.
The State Treasurer shall semiannually file an itemized report
of all such expenses with the Legislative Audit Commission.
(Source: P.A. 98-19, eff. 6-10-13; 98-24, eff. 6-19-13; 98-674,
eff. 6-30-14; 98-756, eff. 7-16-14; 99-8, eff. 7-9-15.)
ARTICLE 20. GRANT ACCOUNTABILITY AND TRANSPARENCY ACT
Section 20-5. The State Finance Act is amended by adding
Section 6z-101 as follows:
(30 ILCS 105/6z-101 new)
Sec. 6z-101. The Grant Accountability and Transparency
Fund.
(a) The Grant Accountability and Transparency Fund is
hereby created in the State Treasury. The following moneys
shall be deposited into the Fund:
(1) grants, awards, appropriations, cost sharings,
inter-fund transfers, gifts, and bequests from any source,
public or private, in support of activities authorized
under the Grant Accountability and Transparency Act;
(2) federal funds received as a result of cost
allocation or indirect cost reimbursements;
(3) interest earned on moneys in the Fund; and
(4) receipts or inter-fund transfers resulting from
billings issued by the Governor's Office of Management and
Budget to State agencies for the costs of services rendered
pursuant to the Grant Accountability and Transparency Act.
(b) State agencies may direct the Comptroller to process
inter-fund transfers or make payment through the voucher and
warrant process to the Grant Accountability and Transparency
Fund in satisfaction of billings issued under subsection (a).
(c) Moneys in the Grant Accountability and Transparency
Fund may be used by the Governor's Office of Management and
Budget for costs in support of the implementation and
administration of the Grant Accountability and Transparency
Act and Budgeting for Results.
(d) The Governor's Office of Management and Budget may
require reports from State agencies as deemed necessary to
perform cost allocation reconciliations in connection with
services provided and expenses incurred in the administration
of the Grant Accountability and Transparency Act. In the event
that, in any fiscal year, the payments or inter-fund transfers
are in excess of the costs of services provided in that fiscal
year, the Governor's Office of Management and Budget may use
one or a combination of the following methods to return excess
funds:
(1) order that the amounts owed by the State agency in
the following fiscal year be offset against such excess
amount;
(2) direct the Comptroller to process an inter-fund
transfer; or
(3) make a refund payment.
Section 20-10. The Grant Accountability and Transparency
Act is amended by changing Sections 20, 25, 55, 85, 90, and 100
as follows:
(30 ILCS 708/20)
(Section scheduled to be repealed on July 16, 2019)
Sec. 20. Adoption of federal rules applicable to grants.
(a) On or before July 1, 2016 2015, the Governor's Office
of Management and Budget, with the advice and technical
assistance of the Illinois Single Audit Commission, shall adopt
rules which adopt the Uniform Guidance at 2 CFR 200. The rules,
which shall apply to all State and federal pass-through awards
effective on and after July 1, 2016 2015, shall include the
following:
(1) Administrative requirements. In accordance with
Subparts B through D of 2 CFR 200, the rules shall set
forth the uniform administrative requirements for grant
and cooperative agreements, including the requirements for
the management by State awarding agencies of federal grant
programs before State and federal pass-through awards have
been made and requirements that State awarding agencies may
impose on non-federal entities in State and federal
pass-through awards.
(2) Cost principles. In accordance with Subpart E of 2
CFR 200, the rules shall establish principles for
determining the allowable costs incurred by non-federal
entities under State and federal pass-through awards. The
principles are intended for cost determination, but are not
intended to identify the circumstances or dictate the
extent of State or federal pass-through participation in
financing a particular program or project. The principles
shall provide that State and federal awards bear their fair
share of cost recognized under these principles, except
where restricted or prohibited by State or federal law.
(3) Audit and single audit requirements and audit
follow-up. In accordance with Subpart F of 2 CFR 200 and
the federal Single Audit Act Amendments of 1996, the rules
shall set forth standards to obtain consistency and
uniformity among State and federal pass-through awarding
agencies for the audit of non-federal entities expending
State and federal awards. These provisions shall also set
forth the policies and procedures for State and federal
pass-through entities when using the results of these
audits.
The provisions of this item (3) do not apply to
for-profit subrecipients because for-profit subrecipients
are not subject to the requirements of OMB Circular A-133,
Audits of States, Local and Non-Profit Organizations.
Audits of for-profit subrecipients must be conducted
pursuant to a Program Audit Guide issued by the Federal
awarding agency. If a Program Audit Guide is not available,
the State awarding agency must prepare a Program Audit
Guide in accordance with the OMB Circular A-133 Compliance
Supplement. For-profit entities are subject to all other
general administrative requirements and cost principles
applicable to grants.
(b) This Act addresses only State and federal pass-through
auditing functions and does not address the external audit
function of the Auditor General.
(c) For public institutions of higher education, the
provisions of this Section apply only to awards funded by State
appropriations and federal pass-through awards from a State
agency to public institutions of higher education. Federal
pass-through awards from a State agency to public institutions
of higher education are governed by and must comply with
federal guidelines under 2 CFR 200.
(d) The State grant-making agency is responsible for
establishing requirements, as necessary, to ensure compliance
by for-profit subrecipients. The agreement with the for-profit
subrecipient shall describe the applicable compliance
requirements and the for-profit subrecipient's compliance
responsibility. Methods to ensure compliance for State and
federal pass-through awards made to for-profit subrecipients
shall include pre-award, audits, monitoring during the
agreement, and post-award audits. The Governor's Office of
Management and Budget shall provide such advice and technical
assistance to the State grant-making agency as is necessary or
indicated.
(Source: P.A. 98-706, eff. 7-16-14.)
(30 ILCS 708/25)
(Section scheduled to be repealed on July 16, 2019)
Sec. 25. Supplemental rules. On or before July 1, 2017
2015, the Governor's Office of Management and Budget, with the
advice and technical assistance of the Illinois Single Audit
Commission, shall adopt supplemental rules pertaining to the
following:
(1) Criteria to define mandatory formula-based grants
and discretionary grants.
(2) The award of one-year grants for new applicants.
(3) The award of competitive grants in 3-year terms
(one-year initial terms with the option to renew for up to
2 additional years) to coincide with the federal award.
(4) The issuance of grants, including:
(A) public notice of announcements of funding
opportunities;
(B) the development of uniform grant applications;
(C) State agency review of merit of proposals and
risk posed by applicants;
(D) specific conditions for individual recipients
(requiring the use of a fiscal agent and additional
corrective conditions);
(E) certifications and representations;
(F) pre-award costs;
(G) performance measures and statewide prioritized
goals under Section 50-25 of the State Budget Law of
the Civil Administrative Code of Illinois, commonly
referred to as "Budgeting for Results"; and
(H) for mandatory formula grants, the merit of the
proposal and the risk posed should result in additional
reporting, monitoring, or measures such as
reimbursement-basis only.
(5) The development of uniform budget requirements,
which shall include:
(A) mandatory submission of budgets as part of the
grant application process;
(B) mandatory requirements regarding contents of
the budget including, at a minimum, common detail line
items specified under guidelines issued by the
Governor's Office of Management and Budget;
(C) a requirement that the budget allow
flexibility to add lines describing costs that are
common for the services provided as outlined in the
grant application;
(D) a requirement that the budget include
information necessary for analyzing cost and
performance for use in the Budgeting for Results
initiative; and
(E) caps on the amount of salaries that may be
charged to grants based on the limitations imposed by
federal agencies.
(6) The development of pre-qualification requirements
for applicants, including the fiscal condition of the
organization and the provision of the following
information:
(A) organization name;
(B) Federal Employee Identification Number;
(C) Data Universal Numbering System (DUNS) number;
(D) fiscal condition;
(E) whether the applicant is in good standing with
the Secretary of State;
(F) past performance in administering grants;
(G) whether the applicant is or has ever been on
the Debarred and Suspended List maintained by the
Governor's Office of Management and Budget;
(H) whether the applicant is or has ever been on
the federal Excluded Parties List; and
(I) whether the applicant is or has ever been on
the Sanctioned Party List maintained by the Illinois
Department of Healthcare and Family Services.
Nothing in this Act affects the provisions of the Fiscal
Control and Internal Auditing Act nor the requirement that the
management of each State agency is responsible for maintaining
effective internal controls under that Act.
For public institutions of higher education, the
provisions of this Section apply only to awards funded by State
appropriations and federal pass-through awards from a State
agency to public institutions of higher education.
(Source: P.A. 98-706, eff. 7-16-14.)
(30 ILCS 708/55)
(Section scheduled to be repealed on July 16, 2019)
Sec. 55. The Governor's Office of Management and Budget
responsibilities.
(a) The Governor's Office of Management and Budget shall:
(1) provide technical assistance and interpretations
of policy requirements in order to ensure effective and
efficient implementation of this Act by State grant-making
agencies; and
(2) have authority to approve any exceptions to the
requirements of this Act and shall adopt rules governing
the criteria to be considered when an exception is
requested; exceptions shall only be made in particular
cases where adequate justification is presented.
(b) The Governor's Office of Management and Budget shall,
on or before July 1, 2016 2014, establish a centralized unit
within the Governor's Office of Management and Budget. The
centralized unit shall be known as the Grant Accountability and
Transparency Unit and shall be funded with a portion of the
administrative funds provided under existing and future State
and federal pass-through grants. The amounts charged will be
allocated based on the actual cost of the services provided to
State grant-making agencies and public institutions of higher
education in accordance with the applicable federal cost
principles contained in 2 CFR 200 and this Act will not cause
the reduction in the amount of any State or federal grant
awards that have been or will be directed towards State
agencies or public institutions of higher education.
(Source: P.A. 98-706, eff. 7-16-14.)
(30 ILCS 708/85)
(Section scheduled to be repealed on July 16, 2019)
Sec. 85. Implementation date. The Governor's Office of
Management and Budget shall adopt all rules required under this
Act on or before July 1, 2017 2015.
(Source: P.A. 98-706, eff. 7-16-14.)
(30 ILCS 708/90)
(Section scheduled to be repealed on July 16, 2019)
Sec. 90. Agency implementation. All State grant-making
agencies shall implement the rules issued by the Governor's
Office of Management and Budget on or before July 1, 2017 2015.
The standards set forth in this Act, which affect
administration of State and federal pass-through awards issued
by State grant-making agencies, become effective once
implemented by State grant-making agencies. State grant-making
agencies shall implement the policies and procedures
applicable to State and federal pass-through awards by adopting
rules for non-federal entities by December 31, 2017 that shall
take effect for fiscal years on and after December 26, 2014,
unless different provisions are required by State or federal
statute or federal rule.
(Source: P.A. 98-706, eff. 7-16-14.)
(30 ILCS 708/100)
(Section scheduled to be repealed on July 16, 2019)
Sec. 100. Repeal. This Act is repealed on July 16, 2020 5
years after the effective date of this Act.
(Source: P.A. 98-706, eff. 7-16-14.)
ARTICLE 25. REFUNDING BONDS
Section 25-5. The General Obligation Bond Act is amended by
changing Sections 2.5, 9, 11, and 16 as follows:
(30 ILCS 330/2.5)
Sec. 2.5. Limitation on issuance of Bonds.
(a) Except as provided in subsection (b), no Bonds may be
issued if, after the issuance, in the next State fiscal year
after the issuance of the Bonds, the amount of debt service
(including principal, whether payable at maturity or pursuant
to mandatory sinking fund installments, and interest) on all
then-outstanding Bonds, other than Bonds authorized by Public
Act 96-43 and other than Bonds authorized by Public Act 96-1497
this amendatory Act of the 96th General Assembly, would exceed
7% of the aggregate appropriations from the general funds
(which consist of the General Revenue Fund, the Common School
Fund, the General Revenue Common School Special Account Fund,
and the Education Assistance Fund) and the Road Fund for the
fiscal year immediately prior to the fiscal year of the
issuance.
(b) If the Comptroller and Treasurer each consent in
writing, Bonds may be issued even if the issuance does not
comply with subsection (a). In addition, $2,000,000,000 in
Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
and $2,000,000,000 in Refunding Bonds under Section 16, may be
issued during State fiscal year 2017 without complying with
subsection (a).
(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11.)
(30 ILCS 330/9) (from Ch. 127, par. 659)
Sec. 9. Conditions for Issuance and Sale of Bonds -
Requirements for Bonds.
(a) Except as otherwise provided in this subsection, Bonds
shall be issued and sold from time to time, in one or more
series, in such amounts and at such prices as may be directed
by the Governor, upon recommendation by the Director of the
Governor's Office of Management and Budget. Bonds shall be in
such form (either coupon, registered or book entry), in such
denominations, payable within 25 years from their date, subject
to such terms of redemption with or without premium, bear
interest payable at such times and at such fixed or variable
rate or rates, and be dated as shall be fixed and determined by
the Director of the Governor's Office of Management and Budget
in the order authorizing the issuance and sale of any series of
Bonds, which order shall be approved by the Governor and is
herein called a "Bond Sale Order"; provided however, that
interest payable at fixed or variable rates shall not exceed
that permitted in the Bond Authorization Act, as now or
hereafter amended. Bonds shall be payable at such place or
places, within or without the State of Illinois, and may be
made registrable as to either principal or as to both principal
and interest, as shall be specified in the Bond Sale Order.
Bonds may be callable or subject to purchase and retirement or
tender and remarketing as fixed and determined in the Bond Sale
Order. Bonds, other than Bonds issued under Section 3 of this
Act for the costs associated with the purchase and
implementation of information technology, (i) except for
refunding Bonds satisfying the requirements of Section 16 of
this Act and sold during fiscal year 2009, 2010, or 2011, or
2017 must be issued with principal or mandatory redemption
amounts in equal amounts, with the first maturity issued
occurring within the fiscal year in which the Bonds are issued
or within the next succeeding fiscal year and (ii) must mature
or be subject to mandatory redemption each fiscal year
thereafter up to 25 years, except for refunding Bonds
satisfying the requirements of Section 16 of this Act and sold
during fiscal year 2009, 2010, or 2011 which must mature or be
subject to mandatory redemption each fiscal year thereafter up
to 16 years. Bonds issued under Section 3 of this Act for the
costs associated with the purchase and implementation of
information technology must be issued with principal or
mandatory redemption amounts in equal amounts, with the first
maturity issued occurring with the fiscal year in which the
respective bonds are issued or with the next succeeding fiscal
year, with the respective bonds issued maturing or subject to
mandatory redemption each fiscal year thereafter up to 10
years. Notwithstanding any provision of this Act to the
contrary, the Bonds authorized by Public Act 96-43 shall be
payable within 5 years from their date and must be issued with
principal or mandatory redemption amounts in equal amounts,
with payment of principal or mandatory redemption beginning in
the first fiscal year following the fiscal year in which the
Bonds are issued.
Notwithstanding any provision of this Act to the contrary,
the Bonds authorized by Public Act 96-1497 shall be payable
within 8 years from their date and shall be issued with payment
of maturing principal or scheduled mandatory redemptions in
accordance with the following schedule, except the following
amounts shall be prorated if less than the total additional
amount of Bonds authorized by Public Act 96-1497 are issued:
Fiscal Year After Issuance Amount
1-2 $0
3 $110,712,120
4 $332,136,360
5 $664,272,720
6-8 $996,409,080
In the case of any series of Bonds bearing interest at a
variable interest rate ("Variable Rate Bonds"), in lieu of
determining the rate or rates at which such series of Variable
Rate Bonds shall bear interest and the price or prices at which
such Variable Rate Bonds shall be initially sold or remarketed
(in the event of purchase and subsequent resale), the Bond Sale
Order may provide that such interest rates and prices may vary
from time to time depending on criteria established in such
Bond Sale Order, which criteria may include, without
limitation, references to indices or variations in interest
rates as may, in the judgment of a remarketing agent, be
necessary to cause Variable Rate Bonds of such series to be
remarketable from time to time at a price equal to their
principal amount, and may provide for appointment of a bank,
trust company, investment bank, or other financial institution
to serve as remarketing agent in that connection. The Bond Sale
Order may provide that alternative interest rates or provisions
for establishing alternative interest rates, different
security or claim priorities, or different call or amortization
provisions will apply during such times as Variable Rate Bonds
of any series are held by a person providing credit or
liquidity enhancement arrangements for such Bonds as
authorized in subsection (b) of this Section. The Bond Sale
Order may also provide for such variable interest rates to be
established pursuant to a process generally known as an auction
rate process and may provide for appointment of one or more
financial institutions to serve as auction agents and
broker-dealers in connection with the establishment of such
interest rates and the sale and remarketing of such Bonds.
(b) In connection with the issuance of any series of Bonds,
the State may enter into arrangements to provide additional
security and liquidity for such Bonds, including, without
limitation, bond or interest rate insurance or letters of
credit, lines of credit, bond purchase contracts, or other
arrangements whereby funds are made available to retire or
purchase Bonds, thereby assuring the ability of owners of the
Bonds to sell or redeem their Bonds. The State may enter into
contracts and may agree to pay fees to persons providing such
arrangements, but only under circumstances where the Director
of the Governor's Office of Management and Budget certifies
that he or she reasonably expects the total interest paid or to
be paid on the Bonds, together with the fees for the
arrangements (being treated as if interest), would not, taken
together, cause the Bonds to bear interest, calculated to their
stated maturity, at a rate in excess of the rate that the Bonds
would bear in the absence of such arrangements.
The State may, with respect to Bonds issued or anticipated
to be issued, participate in and enter into arrangements with
respect to interest rate protection or exchange agreements,
guarantees, or financial futures contracts for the purpose of
limiting, reducing, or managing interest rate exposure. The
authority granted under this paragraph, however, shall not
increase the principal amount of Bonds authorized to be issued
by law. The arrangements may be executed and delivered by the
Director of the Governor's Office of Management and Budget on
behalf of the State. Net payments for such arrangements shall
constitute interest on the Bonds and shall be paid from the
General Obligation Bond Retirement and Interest Fund. The
Director of the Governor's Office of Management and Budget
shall at least annually certify to the Governor and the State
Comptroller his or her estimate of the amounts of such net
payments to be included in the calculation of interest required
to be paid by the State.
(c) Prior to the issuance of any Variable Rate Bonds
pursuant to subsection (a), the Director of the Governor's
Office of Management and Budget shall adopt an interest rate
risk management policy providing that the amount of the State's
variable rate exposure with respect to Bonds shall not exceed
20%. This policy shall remain in effect while any Bonds are
outstanding and the issuance of Bonds shall be subject to the
terms of such policy. The terms of this policy may be amended
from time to time by the Director of the Governor's Office of
Management and Budget but in no event shall any amendment cause
the permitted level of the State's variable rate exposure with
respect to Bonds to exceed 20%.
(d) "Build America Bonds" in this Section means Bonds
authorized by Section 54AA of the Internal Revenue Code of
1986, as amended ("Internal Revenue Code"), and bonds issued
from time to time to refund or continue to refund "Build
America Bonds".
(e) Notwithstanding any other provision of this Section,
Qualified School Construction Bonds shall be issued and sold
from time to time, in one or more series, in such amounts and
at such prices as may be directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. Qualified School Construction Bonds
shall be in such form (either coupon, registered or book
entry), in such denominations, payable within 25 years from
their date, subject to such terms of redemption with or without
premium, and if the Qualified School Construction Bonds are
issued with a supplemental coupon, bear interest payable at
such times and at such fixed or variable rate or rates, and be
dated as shall be fixed and determined by the Director of the
Governor's Office of Management and Budget in the order
authorizing the issuance and sale of any series of Qualified
School Construction Bonds, which order shall be approved by the
Governor and is herein called a "Bond Sale Order"; except that
interest payable at fixed or variable rates, if any, shall not
exceed that permitted in the Bond Authorization Act, as now or
hereafter amended. Qualified School Construction Bonds shall
be payable at such place or places, within or without the State
of Illinois, and may be made registrable as to either principal
or as to both principal and interest, as shall be specified in
the Bond Sale Order. Qualified School Construction Bonds may be
callable or subject to purchase and retirement or tender and
remarketing as fixed and determined in the Bond Sale Order.
Qualified School Construction Bonds must be issued with
principal or mandatory redemption amounts or sinking fund
payments into the General Obligation Bond Retirement and
Interest Fund (or subaccount therefor) in equal amounts, with
the first maturity issued, mandatory redemption payment or
sinking fund payment occurring within the fiscal year in which
the Qualified School Construction Bonds are issued or within
the next succeeding fiscal year, with Qualified School
Construction Bonds issued maturing or subject to mandatory
redemption or with sinking fund payments thereof deposited each
fiscal year thereafter up to 25 years. Sinking fund payments
set forth in this subsection shall be permitted only to the
extent authorized in Section 54F of the Internal Revenue Code
or as otherwise determined by the Director of the Governor's
Office of Management and Budget. "Qualified School
Construction Bonds" in this subsection means Bonds authorized
by Section 54F of the Internal Revenue Code and for bonds
issued from time to time to refund or continue to refund such
"Qualified School Construction Bonds".
(f) Beginning with the next issuance by the Governor's
Office of Management and Budget to the Procurement Policy Board
of a request for quotation for the purpose of formulating a new
pool of qualified underwriting banks list, all entities
responding to such a request for quotation for inclusion on
that list shall provide a written report to the Governor's
Office of Management and Budget and the Illinois Comptroller.
The written report submitted to the Comptroller shall (i) be
published on the Comptroller's Internet website and (ii) be
used by the Governor's Office of Management and Budget for the
purposes of scoring such a request for quotation. The written
report, at a minimum, shall:
(1) disclose whether, within the past 3 months,
pursuant to its credit default swap market-making
activities, the firm has entered into any State of Illinois
credit default swaps ("CDS");
(2) include, in the event of State of Illinois CDS
activity, disclosure of the firm's cumulative notional
volume of State of Illinois CDS trades and the firm's
outstanding gross and net notional amount of State of
Illinois CDS, as of the end of the current 3-month period;
(3) indicate, pursuant to the firm's proprietary
trading activities, disclosure of whether the firm, within
the past 3 months, has entered into any proprietary trades
for its own account in State of Illinois CDS;
(4) include, in the event of State of Illinois
proprietary trades, disclosure of the firm's outstanding
gross and net notional amount of proprietary State of
Illinois CDS and whether the net position is short or long
credit protection, as of the end of the current 3-month
period;
(5) list all time periods during the past 3 months
during which the firm held net long or net short State of
Illinois CDS proprietary credit protection positions, the
amount of such positions, and whether those positions were
net long or net short credit protection positions; and
(6) indicate whether, within the previous 3 months, the
firm released any publicly available research or marketing
reports that reference State of Illinois CDS and include
those research or marketing reports as attachments.
(g) All entities included on a Governor's Office of
Management and Budget's pool of qualified underwriting banks
list shall, as soon as possible after March 18, 2011 (the
effective date of Public Act 96-1554), but not later than
January 21, 2011, and on a quarterly fiscal basis thereafter,
provide a written report to the Governor's Office of Management
and Budget and the Illinois Comptroller. The written reports
submitted to the Comptroller shall be published on the
Comptroller's Internet website. The written reports, at a
minimum, shall:
(1) disclose whether, within the past 3 months,
pursuant to its credit default swap market-making
activities, the firm has entered into any State of Illinois
credit default swaps ("CDS");
(2) include, in the event of State of Illinois CDS
activity, disclosure of the firm's cumulative notional
volume of State of Illinois CDS trades and the firm's
outstanding gross and net notional amount of State of
Illinois CDS, as of the end of the current 3-month period;
(3) indicate, pursuant to the firm's proprietary
trading activities, disclosure of whether the firm, within
the past 3 months, has entered into any proprietary trades
for its own account in State of Illinois CDS;
(4) include, in the event of State of Illinois
proprietary trades, disclosure of the firm's outstanding
gross and net notional amount of proprietary State of
Illinois CDS and whether the net position is short or long
credit protection, as of the end of the current 3-month
period;
(5) list all time periods during the past 3 months
during which the firm held net long or net short State of
Illinois CDS proprietary credit protection positions, the
amount of such positions, and whether those positions were
net long or net short credit protection positions; and
(6) indicate whether, within the previous 3 months, the
firm released any publicly available research or marketing
reports that reference State of Illinois CDS and include
those research or marketing reports as attachments.
(Source: P.A. 96-18, eff. 6-26-09; 96-37, eff. 7-13-09; 96-43,
eff. 7-15-09; 96-828, eff. 12-2-09; 96-1497, eff. 1-14-11;
96-1554, eff. 3-18-11; 97-813, eff. 7-13-12.)
(30 ILCS 330/11) (from Ch. 127, par. 661)
Sec. 11. Sale of Bonds. Except as otherwise provided in
this Section, Bonds shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as is directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal
amount, of all Bonds issued each fiscal year shall be sold
pursuant to notice of sale and public bid. At all times during
each fiscal year, no more than 75%, based on total principal
amount, of the Bonds issued each fiscal year, shall have been
sold by negotiated sale. Failure to satisfy the requirements in
the preceding 2 sentences shall not affect the validity of any
previously issued Bonds; provided that all Bonds authorized by
Public Act 96-43 and Public Act 96-1497 this amendatory Act of
the 96th General Assembly shall not be included in determining
compliance for any fiscal year with the requirements of the
preceding 2 sentences; and further provided that refunding
Bonds satisfying the requirements of Section 16 of this Act and
sold during fiscal year 2009, 2010, or 2011, or 2017 shall not
be subject to the requirements in the preceding 2 sentences.
If any Bonds, including refunding Bonds, are to be sold by
negotiated sale, the Director of the Governor's Office of
Management and Budget shall comply with the competitive request
for proposal process set forth in the Illinois Procurement Code
and all other applicable requirements of that Code.
If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget may, from time to time, as Bonds are to be sold,
advertise the sale of the Bonds in at least 2 daily newspapers,
one of which is published in the City of Springfield and one in
the City of Chicago. The sale of the Bonds shall also be
advertised in the volume of the Illinois Procurement Bulletin
that is published by the Department of Central Management
Services, and shall be published once at least 10 days prior to
the date fixed for the opening of the bids. The Director of the
Governor's Office of Management and Budget may reschedule the
date of sale upon the giving of such additional notice as the
Director deems adequate to inform prospective bidders of such
change; provided, however, that all other conditions of the
sale shall continue as originally advertised.
Executed Bonds shall, upon payment therefor, be delivered
to the purchaser, and the proceeds of Bonds shall be paid into
the State Treasury as directed by Section 12 of this Act.
(Source: P.A. 98-44, eff. 6-28-13.)
(30 ILCS 330/16) (from Ch. 127, par. 666)
Sec. 16. Refunding Bonds. The State of Illinois is
authorized to issue, sell, and provide for the retirement of
General Obligation Bonds of the State of Illinois in the amount
of $4,839,025,000, at any time and from time to time
outstanding, for the purpose of refunding any State of Illinois
general obligation Bonds then outstanding, including the
payment of any redemption premium thereon, any reasonable
expenses of such refunding, any interest accrued or to accrue
to the earliest or any subsequent date of redemption or
maturity of such outstanding Bonds and any interest to accrue
to the first interest payment on the refunding Bonds; provided
that all non-refunding Bonds in an issue that includes
refunding Bonds shall mature no later than the final maturity
date of Bonds being refunded; provided that no refunding Bonds
shall be offered for sale unless the net present value of debt
service savings to be achieved by the issuance of the refunding
Bonds is 3% or more of the principal amount of the refunding
Bonds to be issued; and further provided that, except for
refunding Bonds sold in fiscal year 2009, 2010, or 2011, or
2017, the maturities of the refunding Bonds shall not extend
beyond the maturities of the Bonds they refund, so that for
each fiscal year in the maturity schedule of a particular issue
of refunding Bonds, the total amount of refunding principal
maturing and redemption amounts due in that fiscal year and all
prior fiscal years in that schedule shall be greater than or
equal to the total amount of refunded principal and redemption
amounts that had been due over that year and all prior fiscal
years prior to the refunding.
The Governor shall notify the State Treasurer and
Comptroller of such refunding. The proceeds received from the
sale of refunding Bonds shall be used for the retirement at
maturity or redemption of such outstanding Bonds on any
maturity or redemption date and, pending such use, shall be
placed in escrow, subject to such terms and conditions as shall
be provided for in the Bond Sale Order relating to the
Refunding Bonds. Proceeds not needed for deposit in an escrow
account shall be deposited in the General Obligation Bond
Retirement and Interest Fund. This Act shall constitute an
irrevocable and continuing appropriation of all amounts
necessary to establish an escrow account for the purpose of
refunding outstanding general obligation Bonds and to pay the
reasonable expenses of such refunding and of the issuance and
sale of the refunding Bonds. Any such escrowed proceeds may be
invested and reinvested in direct obligations of the United
States of America, maturing at such time or times as shall be
appropriate to assure the prompt payment, when due, of the
principal of and interest and redemption premium, if any, on
the refunded Bonds. After the terms of the escrow have been
fully satisfied, any remaining balance of such proceeds and
interest, income and profits earned or realized on the
investments thereof shall be paid into the General Revenue
Fund. The liability of the State upon the Bonds shall continue,
provided that the holders thereof shall thereafter be entitled
to payment only out of the moneys deposited in the escrow
account.
Except as otherwise herein provided in this Section, such
refunding Bonds shall in all other respects be subject to the
terms and conditions of this Act.
(Source: P.A. 96-18, eff. 6-26-09.)
Section 25-10. The Build Illinois Bond Act is amended by
changing Sections 6, 8, and 15 as follows:
(30 ILCS 425/6) (from Ch. 127, par. 2806)
Sec. 6. Conditions for Issuance and Sale of Bonds -
Requirements for Bonds - Master and Supplemental Indentures -
Credit and Liquidity Enhancement.
(a) Bonds shall be issued and sold from time to time, in
one or more series, in such amounts and at such prices as
directed by the Governor, upon recommendation by the Director
of the Governor's Office of Management and Budget. Bonds shall
be payable only from the specific sources and secured in the
manner provided in this Act. Bonds shall be in such form, in
such denominations, mature on such dates within 25 years from
their date of issuance, be subject to optional or mandatory
redemption, bear interest payable at such times and at such
rate or rates, fixed or variable, and be dated as shall be
fixed and determined by the Director of the Governor's Office
of Management and Budget in an order authorizing the issuance
and sale of any series of Bonds, which order shall be approved
by the Governor and is herein called a "Bond Sale Order";
provided, however, that interest payable at fixed rates shall
not exceed that permitted in "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now
or hereafter amended, and interest payable at variable rates
shall not exceed the maximum rate permitted in the Bond Sale
Order. Said Bonds shall be payable at such place or places,
within or without the State of Illinois, and may be made
registrable as to either principal only or as to both principal
and interest, as shall be specified in the Bond Sale Order.
Bonds may be callable or subject to purchase and retirement or
remarketing as fixed and determined in the Bond Sale Order.
Bonds (i) except for refunding Bonds satisfying the
requirements of Section 15 of this Act and sold during fiscal
year 2009, 2010, or 2011, or 2017, must be issued with
principal or mandatory redemption amounts in equal amounts,
with the first maturity issued occurring within the fiscal year
in which the Bonds are issued or within the next succeeding
fiscal year and (ii) must mature or be subject to mandatory
redemption each fiscal year thereafter up to 25 years, except
for refunding Bonds satisfying the requirements of Section 15
16 of this Act and sold during fiscal year 2009, 2010, or 2011
which must mature or be subject to mandatory redemption each
fiscal year thereafter up to 16 years.
All Bonds authorized under this Act shall be issued
pursuant to a master trust indenture ("Master Indenture")
executed and delivered on behalf of the State by the Director
of the Governor's Office of Management and Budget, such Master
Indenture to be in substantially the form approved in the Bond
Sale Order authorizing the issuance and sale of the initial
series of Bonds issued under this Act. Such initial series of
Bonds may, and each subsequent series of Bonds shall, also be
issued pursuant to a supplemental trust indenture
("Supplemental Indenture") executed and delivered on behalf of
the State by the Director of the Governor's Office of
Management and Budget, each such Supplemental Indenture to be
in substantially the form approved in the Bond Sale Order
relating to such series. The Master Indenture and any
Supplemental Indenture shall be entered into with a bank or
trust company in the State of Illinois having trust powers and
possessing capital and surplus of not less than $100,000,000.
Such indentures shall set forth the terms and conditions of the
Bonds and provide for payment of and security for the Bonds,
including the establishment and maintenance of debt service and
reserve funds, and for other protections for holders of the
Bonds. The term "reserve funds" as used in this Act shall
include funds and accounts established under indentures to
provide for the payment of principal of and premium and
interest on Bonds, to provide for the purchase, retirement or
defeasance of Bonds, to provide for fees of trustees,
registrars, paying agents and other fiduciaries and to provide
for payment of costs of and debt service payable in respect of
credit or liquidity enhancement arrangements, interest rate
swaps or guarantees or financial futures contracts and indexing
and remarketing agents' services.
In the case of any series of Bonds bearing interest at a
variable interest rate ("Variable Rate Bonds"), in lieu of
determining the rate or rates at which such series of Variable
Rate Bonds shall bear interest and the price or prices at which
such Variable Rate Bonds shall be initially sold or remarketed
(in the event of purchase and subsequent resale), the Bond Sale
Order may provide that such interest rates and prices may vary
from time to time depending on criteria established in such
Bond Sale Order, which criteria may include, without
limitation, references to indices or variations in interest
rates as may, in the judgment of a remarketing agent, be
necessary to cause Bonds of such series to be remarketable from
time to time at a price equal to their principal amount (or
compound accreted value in the case of original issue discount
Bonds), and may provide for appointment of indexing agents and
a bank, trust company, investment bank or other financial
institution to serve as remarketing agent in that connection.
The Bond Sale Order may provide that alternative interest rates
or provisions for establishing alternative interest rates,
different security or claim priorities or different call or
amortization provisions will apply during such times as Bonds
of any series are held by a person providing credit or
liquidity enhancement arrangements for such Bonds as
authorized in subsection (b) of Section 6 of this Act.
(b) In connection with the issuance of any series of Bonds,
the State may enter into arrangements to provide additional
security and liquidity for such Bonds, including, without
limitation, bond or interest rate insurance or letters of
credit, lines of credit, bond purchase contracts or other
arrangements whereby funds are made available to retire or
purchase Bonds, thereby assuring the ability of owners of the
Bonds to sell or redeem their Bonds. The State may enter into
contracts and may agree to pay fees to persons providing such
arrangements, but only under circumstances where the Director
of the Bureau of the Budget (now Governor's Office of
Management and Budget) certifies that he reasonably expects the
total interest paid or to be paid on the Bonds, together with
the fees for the arrangements (being treated as if interest),
would not, taken together, cause the Bonds to bear interest,
calculated to their stated maturity, at a rate in excess of the
rate which the Bonds would bear in the absence of such
arrangements. Any bonds, notes or other evidences of
indebtedness issued pursuant to any such arrangements for the
purpose of retiring and discharging outstanding Bonds shall
constitute refunding Bonds under Section 15 of this Act. The
State may participate in and enter into arrangements with
respect to interest rate swaps or guarantees or financial
futures contracts for the purpose of limiting or restricting
interest rate risk; provided that such arrangements shall be
made with or executed through banks having capital and surplus
of not less than $100,000,000 or insurance companies holding
the highest policyholder rating accorded insurers by A.M. Best &
Co. or any comparable rating service or government bond
dealers reporting to, trading with, and recognized as primary
dealers by a Federal Reserve Bank and having capital and
surplus of not less than $100,000,000, or other persons whose
debt securities are rated in the highest long-term categories
by both Moody's Investors' Services, Inc. and Standard & Poor's
Corporation. Agreements incorporating any of the foregoing
arrangements may be executed and delivered by the Director of
the Governor's Office of Management and Budget on behalf of the
State in substantially the form approved in the Bond Sale Order
relating to such Bonds.
(c) "Build America Bonds" in this Section means Bonds
authorized by Section 54AA of the Internal Revenue Code of
1986, as amended ("Internal Revenue Code"), and bonds issued
from time to time to refund or continue to refund "Build
America Bonds".
(Source: P.A. 96-18, eff. 6-26-09; 96-828, eff. 12-2-09.)
(30 ILCS 425/8) (from Ch. 127, par. 2808)
Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
in this Section, shall be sold from time to time pursuant to
notice of sale and public bid or by negotiated sale in such
amounts and at such times as are directed by the Governor, upon
recommendation by the Director of the Governor's Office of
Management and Budget. At least 25%, based on total principal
amount, of all Bonds issued each fiscal year shall be sold
pursuant to notice of sale and public bid. At all times during
each fiscal year, no more than 75%, based on total principal
amount, of the Bonds issued each fiscal year shall have been
sold by negotiated sale. Failure to satisfy the requirements in
the preceding 2 sentences shall not affect the validity of any
previously issued Bonds; and further provided that refunding
Bonds satisfying the requirements of Section 15 of this Act and
sold during fiscal year 2009, 2010, or 2011, or 2017 shall not
be subject to the requirements in the preceding 2 sentences.
If any Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget shall comply with the competitive request for
proposal process set forth in the Illinois Procurement Code and
all other applicable requirements of that Code.
If Bonds are to be sold pursuant to notice of sale and
public bid, the Director of the Governor's Office of Management
and Budget may, from time to time, as Bonds are to be sold,
advertise the sale of the Bonds in at least 2 daily newspapers,
one of which is published in the City of Springfield and one in
the City of Chicago. The sale of the Bonds shall also be
advertised in the volume of the Illinois Procurement Bulletin
that is published by the Department of Central Management
Services, and shall be published once at least 10 days prior to
the date fixed for the opening of the bids. The Director of the
Governor's Office of Management and Budget may reschedule the
date of sale upon the giving of such additional notice as the
Director deems adequate to inform prospective bidders of the
change; provided, however, that all other conditions of the
sale shall continue as originally advertised. Executed Bonds
shall, upon payment therefor, be delivered to the purchaser,
and the proceeds of Bonds shall be paid into the State Treasury
as directed by Section 9 of this Act. The Governor or the
Director of the Governor's Office of Management and Budget is
hereby authorized and directed to execute and deliver contracts
of sale with underwriters and to execute and deliver such
certificates, indentures, agreements and documents, including
any supplements or amendments thereto, and to take such actions
and do such things as shall be necessary or desirable to carry
out the purposes of this Act. Any action authorized or
permitted to be taken by the Director of the Governor's Office
of Management and Budget pursuant to this Act is hereby
authorized to be taken by any person specifically designated by
the Governor to take such action in a certificate signed by the
Governor and filed with the Secretary of State.
(Source: P.A. 98-44, eff. 6-28-13.)
(30 ILCS 425/15) (from Ch. 127, par. 2815)
Sec. 15. Refunding Bonds. Refunding Bonds are hereby
authorized for the purpose of refunding any outstanding Bonds,
including the payment of any redemption premium thereon, any
reasonable expenses of such refunding, and any interest accrued
or to accrue to the earliest or any subsequent date of
redemption or maturity of outstanding Bonds; provided that all
non-refunding Bonds in an issue that includes refunding Bonds
shall mature no later than the final maturity date of Bonds
being refunded; provided that no refunding Bonds shall be
offered for sale unless the net present value of debt service
savings to be achieved by the issuance of the refunding Bonds
is 3% or more of the principal amount of the refunding Bonds to
be issued; and further provided that, except for refunding
Bonds sold in fiscal year 2009, 2010, or 2011, or 2017, the
maturities of the refunding Bonds shall not extend beyond the
maturities of the Bonds they refund, so that for each fiscal
year in the maturity schedule of a particular issue of
refunding Bonds, the total amount of refunding principal
maturing and redemption amounts due in that fiscal year and all
prior fiscal years in that schedule shall be greater than or
equal to the total amount of refunded principal and redemption
amounts that had been due over that year and all prior fiscal
years prior to the refunding.
Refunding Bonds may be sold in such amounts and at such
times, as directed by the Governor upon recommendation by the
Director of the Governor's Office of Management and Budget. The
Governor shall notify the State Treasurer and Comptroller of
such refunding. The proceeds received from the sale of
refunding Bonds shall be used for the retirement at maturity or
redemption of such outstanding Bonds on any maturity or
redemption date and, pending such use, shall be placed in
escrow, subject to such terms and conditions as shall be
provided for in the Bond Sale Order relating to the refunding
Bonds. This Act shall constitute an irrevocable and continuing
appropriation of all amounts necessary to establish an escrow
account for the purpose of refunding outstanding Bonds and to
pay the reasonable expenses of such refunding and of the
issuance and sale of the refunding Bonds. Any such escrowed
proceeds may be invested and reinvested in direct obligations
of the United States of America, maturing at such time or times
as shall be appropriate to assure the prompt payment, when due,
of the principal of and interest and redemption premium, if
any, on the refunded Bonds. After the terms of the escrow have
been fully satisfied, any remaining balance of such proceeds
and interest, income and profits earned or realized on the
investments thereof shall be paid into the General Revenue
Fund. The liability of the State upon the refunded Bonds shall
continue, provided that the holders thereof shall thereafter be
entitled to payment only out of the moneys deposited in the
escrow account and the refunded Bonds shall be deemed paid,
discharged and no longer to be outstanding.
Except as otherwise herein provided in this Section, such
refunding Bonds shall in all other respects be issued pursuant
to and subject to the terms and conditions of this Act and
shall be secured by and payable from only the funds and sources
which are provided under this Act.
(Source: P.A. 96-18, eff. 6-26-09.)
ARTICLE 35. CAPITAL DEVELOPMENT BOARD REVOLVING FUND
Section 35-5. The State Finance Act is amended by changing
Sections 5.857 and 6z-100 as follows:
(30 ILCS 105/5.857)
(Section scheduled to be repealed on July 1, 2016)
Sec. 5.857. The Capital Development Board Revolving Fund.
This Section is repealed July 1, 2017 2016.
(Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15.)
(30 ILCS 105/6z-100)
(Section scheduled to be repealed on July 1, 2016)
Sec. 6z-100. Capital Development Board Revolving Fund;
payments into and use. All monies received by the Capital
Development Board for publications or copies issued by the
Board, and all monies received for contract administration
fees, charges, or reimbursements owing to the Board shall be
deposited into a special fund known as the Capital Development
Board Revolving Fund, which is hereby created in the State
treasury. The monies in this Fund shall be used by the Capital
Development Board, as appropriated, for expenditures for
personal services, retirement, social security, contractual
services, legal services, travel, commodities, printing,
equipment, electronic data processing, or telecommunications.
Unexpended moneys in the Fund shall not be transferred or
allocated by the Comptroller or Treasurer to any other fund,
nor shall the Governor authorize the transfer or allocation of
those moneys to any other fund. This Section is repealed July
1, 2017 2016.
(Source: P.A. 98-674, eff. 6-30-14.)
Section 35-10. The Capital Development Board Act is amended
by changing Section 9.02a and adding Section 9.02c as follows:
(20 ILCS 3105/9.02a) (from Ch. 127, par. 779.02a)
(This Section is scheduled to be repealed on June 30, 2016)
Sec. 9.02a. To charge contract administration fees used to
administer and process the terms of contracts awarded by this
State. Contract administration fees shall not exceed 3% of the
contract amount. Contract administration fees used to
administer contracts associated with the legislative complex,
as defined in Section 8A-15 of the Legislative Commission
Reorganization Act of 1984, shall be deposited into the Capitol
Restoration Trust Fund for the use of the Architect of the
Capitol in the performance of his or her powers or duties. This
Section is repealed June 30, 2016.
(Source: P.A. 97-786, eff. 7-13-12; 97-1162, eff. 2-4-13.)
(20 ILCS 3105/9.02c new)
Sec. 9.02c. Continuation of Section 9.02a; validation.
(a) The General Assembly finds and declares that:
(1) The Statute on Statutes sets forth general rules on
the repeal of statutes and the construction of multiple
amendments, but Section 1 of that Act also states that
these rules will not be observed when the result would be
"inconsistent with the manifest intent of the General
Assembly or repugnant to the context of the statute".
(2) This amendatory Act of the 99th General Assembly
manifests the intention of the General Assembly to
eliminate the internal repeal of Section 9.02a of the
Capital Development Board Act and have Section 9.02a of the
Capital Development Board Act continue in effect.
(3) Section 9.02a of the Capital Development Board Act
was originally enacted to protect, promote, and preserve
the general welfare. Any construction of this Act that
results in the repeal of this Act on June 30, 2016 would be
inconsistent with the manifest intent of the General
Assembly and repugnant to the context of the Capital
Development Board Act.
(b) It is hereby declared to have been the intent of the
General Assembly that Section 9.02a of the Capital Development
Board Act not be subject to repeal on June 30, 2016.
(c) Section 9.02a of the Capital Development Board Act
shall be deemed to have been in continuous effect since June
30, 1988 (the effective date of Public Act 85-1026), and it
shall continue to be in effect henceforward until it is
otherwise lawfully repealed. All previously enacted amendments
to the Act taking effect on or after June 30, 2016 are hereby
validated.
(d) All actions taken in reliance on or pursuant to Section
9.02a of the Capital Development Board by the Capital
Development Board or any other person or entity are hereby
validated.
(e) To ensure the continuing effectiveness of Section 9.02a
of the Capital Development Board Act, it is set forth in full
and re-enacted by this amendatory Act of the 99th General
Assembly. This re-enactment is intended as a continuation of
the Act. It is not intended to supersede any amendment to the
Act that is enacted by the 99th General Assembly.
(f) Section 9.02a of the Capital Development Board Act
applies to all claims, civil actions, and proceedings pending
on or filed on or before the effective date of this amendatory
Act of the 99th General Assembly.
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 upon
becoming law.
feedback