|
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 |