Rep. Gregory Harris

Filed: 5/31/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1814

2    AMENDMENT NO. ______. Amend Senate Bill 1814 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1. SHORT TITLE; PURPOSE

 
5    Section 1-1. Short title. This Act may be cited as the
6FY2020 Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9State budget for Fiscal Year 2020.
 
10
ARTICLE 5. AMENDATORY PROVISIONS

 
11    Section 5-5. The Illinois Act on the Aging is amended by
12changing Section 4.02 as follows:
 

 

 

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1    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
2    Sec. 4.02. Community Care Program. The Department shall
3establish a program of services to prevent unnecessary
4institutionalization of persons age 60 and older in need of
5long term care or who are established as persons who suffer
6from Alzheimer's disease or a related disorder under the
7Alzheimer's Disease Assistance Act, thereby enabling them to
8remain in their own homes or in other living arrangements. Such
9preventive services, which may be coordinated with other
10programs for the aged and monitored by area agencies on aging
11in cooperation with the Department, may include, but are not
12limited to, any or all of the following:
13        (a) (blank);
14        (b) (blank);
15        (c) home care aide services;
16        (d) personal assistant services;
17        (e) adult day services;
18        (f) home-delivered meals;
19        (g) education in self-care;
20        (h) personal care services;
21        (i) adult day health services;
22        (j) habilitation services;
23        (k) respite care;
24        (k-5) community reintegration services;
25        (k-6) flexible senior services;
26        (k-7) medication management;

 

 

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1        (k-8) emergency home response;
2        (l) other nonmedical social services that may enable
3    the person to become self-supporting; or
4        (m) clearinghouse for information provided by senior
5    citizen home owners who want to rent rooms to or share
6    living space with other senior citizens.
7    The Department shall establish eligibility standards for
8such services. In determining the amount and nature of services
9for which a person may qualify, consideration shall not be
10given to the value of cash, property or other assets held in
11the name of the person's spouse pursuant to a written agreement
12dividing marital property into equal but separate shares or
13pursuant to a transfer of the person's interest in a home to
14his spouse, provided that the spouse's share of the marital
15property is not made available to the person seeking such
16services.
17    Beginning January 1, 2008, the Department shall require as
18a condition of eligibility that all new financially eligible
19applicants apply for and enroll in medical assistance under
20Article V of the Illinois Public Aid Code in accordance with
21rules promulgated by the Department.
22    The Department shall, in conjunction with the Department of
23Public Aid (now Department of Healthcare and Family Services),
24seek appropriate amendments under Sections 1915 and 1924 of the
25Social Security Act. The purpose of the amendments shall be to
26extend eligibility for home and community based services under

 

 

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1Sections 1915 and 1924 of the Social Security Act to persons
2who transfer to or for the benefit of a spouse those amounts of
3income and resources allowed under Section 1924 of the Social
4Security Act. Subject to the approval of such amendments, the
5Department shall extend the provisions of Section 5-4 of the
6Illinois Public Aid Code to persons who, but for the provision
7of home or community-based services, would require the level of
8care provided in an institution, as is provided for in federal
9law. Those persons no longer found to be eligible for receiving
10noninstitutional services due to changes in the eligibility
11criteria shall be given 45 days notice prior to actual
12termination. Those persons receiving notice of termination may
13contact the Department and request the determination be
14appealed at any time during the 45 day notice period. The
15target population identified for the purposes of this Section
16are persons age 60 and older with an identified service need.
17Priority shall be given to those who are at imminent risk of
18institutionalization. The services shall be provided to
19eligible persons age 60 and older to the extent that the cost
20of the services together with the other personal maintenance
21expenses of the persons are reasonably related to the standards
22established for care in a group facility appropriate to the
23person's condition. These non-institutional services, pilot
24projects or experimental facilities may be provided as part of
25or in addition to those authorized by federal law or those
26funded and administered by the Department of Human Services.

 

 

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1The Departments of Human Services, Healthcare and Family
2Services, Public Health, Veterans' Affairs, and Commerce and
3Economic Opportunity and other appropriate agencies of State,
4federal and local governments shall cooperate with the
5Department on Aging in the establishment and development of the
6non-institutional services. The Department shall require an
7annual audit from all personal assistant and home care aide
8vendors contracting with the Department under this Section. The
9annual audit shall assure that each audited vendor's procedures
10are in compliance with Department's financial reporting
11guidelines requiring an administrative and employee wage and
12benefits cost split as defined in administrative rules. The
13audit is a public record under the Freedom of Information Act.
14The Department shall execute, relative to the nursing home
15prescreening project, written inter-agency agreements with the
16Department of Human Services and the Department of Healthcare
17and Family Services, to effect the following: (1) intake
18procedures and common eligibility criteria for those persons
19who are receiving non-institutional services; and (2) the
20establishment and development of non-institutional services in
21areas of the State where they are not currently available or
22are undeveloped. On and after July 1, 1996, all nursing home
23prescreenings for individuals 60 years of age or older shall be
24conducted by the Department.
25    As part of the Department on Aging's routine training of
26case managers and case manager supervisors, the Department may

 

 

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1include information on family futures planning for persons who
2are age 60 or older and who are caregivers of their adult
3children with developmental disabilities. The content of the
4training shall be at the Department's discretion.
5    The Department is authorized to establish a system of
6recipient copayment for services provided under this Section,
7such copayment to be based upon the recipient's ability to pay
8but in no case to exceed the actual cost of the services
9provided. Additionally, any portion of a person's income which
10is equal to or less than the federal poverty standard shall not
11be considered by the Department in determining the copayment.
12The level of such copayment shall be adjusted whenever
13necessary to reflect any change in the officially designated
14federal poverty standard.
15    The Department, or the Department's authorized
16representative, may recover the amount of moneys expended for
17services provided to or in behalf of a person under this
18Section by a claim against the person's estate or against the
19estate of the person's surviving spouse, but no recovery may be
20had until after the death of the surviving spouse, if any, and
21then only at such time when there is no surviving child who is
22under age 21 or blind or who has a permanent and total
23disability. This paragraph, however, shall not bar recovery, at
24the death of the person, of moneys for services provided to the
25person or in behalf of the person under this Section to which
26the person was not entitled; provided that such recovery shall

 

 

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1not be enforced against any real estate while it is occupied as
2a homestead by the surviving spouse or other dependent, if no
3claims by other creditors have been filed against the estate,
4or, if such claims have been filed, they remain dormant for
5failure of prosecution or failure of the claimant to compel
6administration of the estate for the purpose of payment. This
7paragraph shall not bar recovery from the estate of a spouse,
8under Sections 1915 and 1924 of the Social Security Act and
9Section 5-4 of the Illinois Public Aid Code, who precedes a
10person receiving services under this Section in death. All
11moneys for services paid to or in behalf of the person under
12this Section shall be claimed for recovery from the deceased
13spouse's estate. "Homestead", as used in this paragraph, means
14the dwelling house and contiguous real estate occupied by a
15surviving spouse or relative, as defined by the rules and
16regulations of the Department of Healthcare and Family
17Services, regardless of the value of the property.
18    The Department shall increase the effectiveness of the
19existing Community Care Program by:
20        (1) ensuring that in-home services included in the care
21    plan are available on evenings and weekends;
22        (2) ensuring that care plans contain the services that
23    eligible participants need based on the number of days in a
24    month, not limited to specific blocks of time, as
25    identified by the comprehensive assessment tool selected
26    by the Department for use statewide, not to exceed the

 

 

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1    total monthly service cost maximum allowed for each
2    service; the Department shall develop administrative rules
3    to implement this item (2);
4        (3) ensuring that the participants have the right to
5    choose the services contained in their care plan and to
6    direct how those services are provided, based on
7    administrative rules established by the Department;
8        (4) ensuring that the determination of need tool is
9    accurate in determining the participants' level of need; to
10    achieve this, the Department, in conjunction with the Older
11    Adult Services Advisory Committee, shall institute a study
12    of the relationship between the Determination of Need
13    scores, level of need, service cost maximums, and the
14    development and utilization of service plans no later than
15    May 1, 2008; findings and recommendations shall be
16    presented to the Governor and the General Assembly no later
17    than January 1, 2009; recommendations shall include all
18    needed changes to the service cost maximums schedule and
19    additional covered services;
20        (5) ensuring that homemakers can provide personal care
21    services that may or may not involve contact with clients,
22    including but not limited to:
23            (A) bathing;
24            (B) grooming;
25            (C) toileting;
26            (D) nail care;

 

 

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1            (E) transferring;
2            (F) respiratory services;
3            (G) exercise; or
4            (H) positioning;
5        (6) ensuring that homemaker program vendors are not
6    restricted from hiring homemakers who are family members of
7    clients or recommended by clients; the Department may not,
8    by rule or policy, require homemakers who are family
9    members of clients or recommended by clients to accept
10    assignments in homes other than the client;
11        (7) ensuring that the State may access maximum federal
12    matching funds by seeking approval for the Centers for
13    Medicare and Medicaid Services for modifications to the
14    State's home and community based services waiver and
15    additional waiver opportunities, including applying for
16    enrollment in the Balance Incentive Payment Program by May
17    1, 2013, in order to maximize federal matching funds; this
18    shall include, but not be limited to, modification that
19    reflects all changes in the Community Care Program services
20    and all increases in the services cost maximum;
21        (8) ensuring that the determination of need tool
22    accurately reflects the service needs of individuals with
23    Alzheimer's disease and related dementia disorders;
24        (9) ensuring that services are authorized accurately
25    and consistently for the Community Care Program (CCP); the
26    Department shall implement a Service Authorization policy

 

 

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1    directive; the purpose shall be to ensure that eligibility
2    and services are authorized accurately and consistently in
3    the CCP program; the policy directive shall clarify service
4    authorization guidelines to Care Coordination Units and
5    Community Care Program providers no later than May 1, 2013;
6        (10) working in conjunction with Care Coordination
7    Units, the Department of Healthcare and Family Services,
8    the Department of Human Services, Community Care Program
9    providers, and other stakeholders to make improvements to
10    the Medicaid claiming processes and the Medicaid
11    enrollment procedures or requirements as needed,
12    including, but not limited to, specific policy changes or
13    rules to improve the up-front enrollment of participants in
14    the Medicaid program and specific policy changes or rules
15    to insure more prompt submission of bills to the federal
16    government to secure maximum federal matching dollars as
17    promptly as possible; the Department on Aging shall have at
18    least 3 meetings with stakeholders by January 1, 2014 in
19    order to address these improvements;
20        (11) requiring home care service providers to comply
21    with the rounding of hours worked provisions under the
22    federal Fair Labor Standards Act (FLSA) and as set forth in
23    29 CFR 785.48(b) by May 1, 2013;
24        (12) implementing any necessary policy changes or
25    promulgating any rules, no later than January 1, 2014, to
26    assist the Department of Healthcare and Family Services in

 

 

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1    moving as many participants as possible, consistent with
2    federal regulations, into coordinated care plans if a care
3    coordination plan that covers long term care is available
4    in the recipient's area; and
5        (13) maintaining fiscal year 2014 rates at the same
6    level established on January 1, 2013.
7    By January 1, 2009 or as soon after the end of the Cash and
8Counseling Demonstration Project as is practicable, the
9Department may, based on its evaluation of the demonstration
10project, promulgate rules concerning personal assistant
11services, to include, but need not be limited to,
12qualifications, employment screening, rights under fair labor
13standards, training, fiduciary agent, and supervision
14requirements. All applicants shall be subject to the provisions
15of the Health Care Worker Background Check Act.
16    The Department shall develop procedures to enhance
17availability of services on evenings, weekends, and on an
18emergency basis to meet the respite needs of caregivers.
19Procedures shall be developed to permit the utilization of
20services in successive blocks of 24 hours up to the monthly
21maximum established by the Department. Workers providing these
22services shall be appropriately trained.
23    Beginning on the effective date of this amendatory Act of
241991, no person may perform chore/housekeeping and home care
25aide services under a program authorized by this Section unless
26that person has been issued a certificate of pre-service to do

 

 

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1so by his or her employing agency. Information gathered to
2effect such certification shall include (i) the person's name,
3(ii) the date the person was hired by his or her current
4employer, and (iii) the training, including dates and levels.
5Persons engaged in the program authorized by this Section
6before the effective date of this amendatory Act of 1991 shall
7be issued a certificate of all pre- and in-service training
8from his or her employer upon submitting the necessary
9information. The employing agency shall be required to retain
10records of all staff pre- and in-service training, and shall
11provide such records to the Department upon request and upon
12termination of the employer's contract with the Department. In
13addition, the employing agency is responsible for the issuance
14of certifications of in-service training completed to their
15employees.
16    The Department is required to develop a system to ensure
17that persons working as home care aides and personal assistants
18receive increases in their wages when the federal minimum wage
19is increased by requiring vendors to certify that they are
20meeting the federal minimum wage statute for home care aides
21and personal assistants. An employer that cannot ensure that
22the minimum wage increase is being given to home care aides and
23personal assistants shall be denied any increase in
24reimbursement costs.
25    The Community Care Program Advisory Committee is created in
26the Department on Aging. The Director shall appoint individuals

 

 

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1to serve in the Committee, who shall serve at their own
2expense. Members of the Committee must abide by all applicable
3ethics laws. The Committee shall advise the Department on
4issues related to the Department's program of services to
5prevent unnecessary institutionalization. The Committee shall
6meet on a bi-monthly basis and shall serve to identify and
7advise the Department on present and potential issues affecting
8the service delivery network, the program's clients, and the
9Department and to recommend solution strategies. Persons
10appointed to the Committee shall be appointed on, but not
11limited to, their own and their agency's experience with the
12program, geographic representation, and willingness to serve.
13The Director shall appoint members to the Committee to
14represent provider, advocacy, policy research, and other
15constituencies committed to the delivery of high quality home
16and community-based services to older adults. Representatives
17shall be appointed to ensure representation from community care
18providers including, but not limited to, adult day service
19providers, homemaker providers, case coordination and case
20management units, emergency home response providers, statewide
21trade or labor unions that represent home care aides and direct
22care staff, area agencies on aging, adults over age 60,
23membership organizations representing older adults, and other
24organizational entities, providers of care, or individuals
25with demonstrated interest and expertise in the field of home
26and community care as determined by the Director.

 

 

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1    Nominations may be presented from any agency or State
2association with interest in the program. The Director, or his
3or her designee, shall serve as the permanent co-chair of the
4advisory committee. One other co-chair shall be nominated and
5approved by the members of the committee on an annual basis.
6Committee members' terms of appointment shall be for 4 years
7with one-quarter of the appointees' terms expiring each year. A
8member shall continue to serve until his or her replacement is
9named. The Department shall fill vacancies that have a
10remaining term of over one year, and this replacement shall
11occur through the annual replacement of expiring terms. The
12Director shall designate Department staff to provide technical
13assistance and staff support to the committee. Department
14representation shall not constitute membership of the
15committee. All Committee papers, issues, recommendations,
16reports, and meeting memoranda are advisory only. The Director,
17or his or her designee, shall make a written report, as
18requested by the Committee, regarding issues before the
19Committee.
20    The Department on Aging and the Department of Human
21Services shall cooperate in the development and submission of
22an annual report on programs and services provided under this
23Section. Such joint report shall be filed with the Governor and
24the General Assembly on or before September 30 each year.
25    The requirement for reporting to the General Assembly shall
26be satisfied by filing copies of the report as required by

 

 

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1Section 3.1 of the General Assembly Organization Act and filing
2such additional copies with the State Government Report
3Distribution Center for the General Assembly as is required
4under paragraph (t) of Section 7 of the State Library Act.
5    Those persons previously found eligible for receiving
6non-institutional services whose services were discontinued
7under the Emergency Budget Act of Fiscal Year 1992, and who do
8not meet the eligibility standards in effect on or after July
91, 1992, shall remain ineligible on and after July 1, 1992.
10Those persons previously not required to cost-share and who
11were required to cost-share effective March 1, 1992, shall
12continue to meet cost-share requirements on and after July 1,
131992. Beginning July 1, 1992, all clients will be required to
14meet eligibility, cost-share, and other requirements and will
15have services discontinued or altered when they fail to meet
16these requirements.
17    For the purposes of this Section, "flexible senior
18services" refers to services that require one-time or periodic
19expenditures including, but not limited to, respite care, home
20modification, assistive technology, housing assistance, and
21transportation.
22    The Department shall implement an electronic service
23verification based on global positioning systems or other
24cost-effective technology for the Community Care Program no
25later than January 1, 2014.
26    The Department shall require, as a condition of

 

 

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1eligibility, enrollment in the medical assistance program
2under Article V of the Illinois Public Aid Code (i) beginning
3August 1, 2013, if the Auditor General has reported that the
4Department has failed to comply with the reporting requirements
5of Section 2-27 of the Illinois State Auditing Act; or (ii)
6beginning June 1, 2014, if the Auditor General has reported
7that the Department has not undertaken the required actions
8listed in the report required by subsection (a) of Section 2-27
9of the Illinois State Auditing Act.
10    The Department shall delay Community Care Program services
11until an applicant is determined eligible for medical
12assistance under Article V of the Illinois Public Aid Code (i)
13beginning August 1, 2013, if the Auditor General has reported
14that the Department has failed to comply with the reporting
15requirements of Section 2-27 of the Illinois State Auditing
16Act; or (ii) beginning June 1, 2014, if the Auditor General has
17reported that the Department has not undertaken the required
18actions listed in the report required by subsection (a) of
19Section 2-27 of the Illinois State Auditing Act.
20    The Department shall implement co-payments for the
21Community Care Program at the federally allowable maximum level
22(i) beginning August 1, 2013, if the Auditor General has
23reported that the Department has failed to comply with the
24reporting requirements of Section 2-27 of the Illinois State
25Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
26General has reported that the Department has not undertaken the

 

 

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1required actions listed in the report required by subsection
2(a) of Section 2-27 of the Illinois State Auditing Act.
3    The Department shall provide a bi-monthly report on the
4progress of the Community Care Program reforms set forth in
5this amendatory Act of the 98th General Assembly to the
6Governor, the Speaker of the House of Representatives, the
7Minority Leader of the House of Representatives, the President
8of the Senate, and the Minority Leader of the Senate.
9    The Department shall conduct a quarterly review of Care
10Coordination Unit performance and adherence to service
11guidelines. The quarterly review shall be reported to the
12Speaker of the House of Representatives, the Minority Leader of
13the House of Representatives, the President of the Senate, and
14the Minority Leader of the Senate. The Department shall collect
15and report longitudinal data on the performance of each care
16coordination unit. Nothing in this paragraph shall be construed
17to require the Department to identify specific care
18coordination units.
19    In regard to community care providers, failure to comply
20with Department on Aging policies shall be cause for
21disciplinary action, including, but not limited to,
22disqualification from serving Community Care Program clients.
23Each provider, upon submission of any bill or invoice to the
24Department for payment for services rendered, shall include a
25notarized statement, under penalty of perjury pursuant to
26Section 1-109 of the Code of Civil Procedure, that the provider

 

 

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1has complied with all Department policies.
2    The Director of the Department on Aging shall make
3information available to the State Board of Elections as may be
4required by an agreement the State Board of Elections has
5entered into with a multi-state voter registration list
6maintenance system.
7    Within 30 days after July 6, 2017 (the effective date of
8Public Act 100-23), rates shall be increased to $18.29 per
9hour, for the purpose of increasing, by at least $.72 per hour,
10the wages paid by those vendors to their employees who provide
11homemaker services. The Department shall pay an enhanced rate
12under the Community Care Program to those in-home service
13provider agencies that offer health insurance coverage as a
14benefit to their direct service worker employees consistent
15with the mandates of Public Act 95-713. For State fiscal years
162018 and 2019, the enhanced rate shall be $1.77 per hour. The
17rate shall be adjusted using actuarial analysis based on the
18cost of care, but shall not be set below $1.77 per hour. The
19Department shall adopt rules, including emergency rules under
20subsections (y) and (bb) of Section 5-45 of the Illinois
21Administrative Procedure Act, to implement the provisions of
22this paragraph.
23    The General Assembly finds it necessary to authorize an
24aggressive Medicaid enrollment initiative designed to maximize
25federal Medicaid funding for the Community Care Program which
26produces significant savings for the State of Illinois. The

 

 

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1Department on Aging shall establish and implement a Community
2Care Program Medicaid Initiative. Under the Initiative, the
3Department on Aging shall, at a minimum: (i) provide an
4enhanced rate to adequately compensate care coordination units
5to enroll eligible Community Care Program clients into
6Medicaid; (ii) use recommendations from a stakeholder
7committee on how best to implement the Initiative; and (iii)
8establish requirements for State agencies to make enrollment in
9the State's Medical Assistance program easier for seniors.
10    The Community Care Program Medicaid Enrollment Oversight
11Subcommittee is created as a subcommittee of the Older Adult
12Services Advisory Committee established in Section 35 of the
13Older Adult Services Act to make recommendations on how best to
14increase the number of medical assistance recipients who are
15enrolled in the Community Care Program. The Subcommittee shall
16consist of all of the following persons who must be appointed
17within 30 days after the effective date of this amendatory Act
18of the 100th General Assembly:
19        (1) The Director of Aging, or his or her designee, who
20    shall serve as the chairperson of the Subcommittee.
21        (2) One representative of the Department of Healthcare
22    and Family Services, appointed by the Director of
23    Healthcare and Family Services.
24        (3) One representative of the Department of Human
25    Services, appointed by the Secretary of Human Services.
26        (4) One individual representing a care coordination

 

 

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1    unit, appointed by the Director of Aging.
2        (5) One individual from a non-governmental statewide
3    organization that advocates for seniors, appointed by the
4    Director of Aging.
5        (6) One individual representing Area Agencies on
6    Aging, appointed by the Director of Aging.
7        (7) One individual from a statewide association
8    dedicated to Alzheimer's care, support, and research,
9    appointed by the Director of Aging.
10        (8) One individual from an organization that employs
11    persons who provide services under the Community Care
12    Program, appointed by the Director of Aging.
13        (9) One member of a trade or labor union representing
14    persons who provide services under the Community Care
15    Program, appointed by the Director of Aging.
16        (10) One member of the Senate, who shall serve as
17    co-chairperson, appointed by the President of the Senate.
18        (11) One member of the Senate, who shall serve as
19    co-chairperson, appointed by the Minority Leader of the
20    Senate.
21        (12) One member of the House of Representatives, who
22    shall serve as co-chairperson, appointed by the Speaker of
23    the House of Representatives.
24        (13) One member of the House of Representatives, who
25    shall serve as co-chairperson, appointed by the Minority
26    Leader of the House of Representatives.

 

 

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1        (14) One individual appointed by a labor organization
2    representing frontline employees at the Department of
3    Human Services.
4    The Subcommittee shall provide oversight to the Community
5Care Program Medicaid Initiative and shall meet quarterly. At
6each Subcommittee meeting the Department on Aging shall provide
7the following data sets to the Subcommittee: (A) the number of
8Illinois residents, categorized by planning and service area,
9who are receiving services under the Community Care Program and
10are enrolled in the State's Medical Assistance Program; (B) the
11number of Illinois residents, categorized by planning and
12service area, who are receiving services under the Community
13Care Program, but are not enrolled in the State's Medical
14Assistance Program; and (C) the number of Illinois residents,
15categorized by planning and service area, who are receiving
16services under the Community Care Program and are eligible for
17benefits under the State's Medical Assistance Program, but are
18not enrolled in the State's Medical Assistance Program. In
19addition to this data, the Department on Aging shall provide
20the Subcommittee with plans on how the Department on Aging will
21reduce the number of Illinois residents who are not enrolled in
22the State's Medical Assistance Program but who are eligible for
23medical assistance benefits. The Department on Aging shall
24enroll in the State's Medical Assistance Program those Illinois
25residents who receive services under the Community Care Program
26and are eligible for medical assistance benefits but are not

 

 

10100SB1814ham001- 22 -LRB101 09785 JWD 61498 a

1enrolled in the State's Medicaid Assistance Program. The data
2provided to the Subcommittee shall be made available to the
3public via the Department on Aging's website.
4    The Department on Aging, with the involvement of the
5Subcommittee, shall collaborate with the Department of Human
6Services and the Department of Healthcare and Family Services
7on how best to achieve the responsibilities of the Community
8Care Program Medicaid Initiative.
9    The Department on Aging, the Department of Human Services,
10and the Department of Healthcare and Family Services shall
11coordinate and implement a streamlined process for seniors to
12access benefits under the State's Medical Assistance Program.
13    The Subcommittee shall collaborate with the Department of
14Human Services on the adoption of a uniform application
15submission process. The Department of Human Services and any
16other State agency involved with processing the medical
17assistance application of any person enrolled in the Community
18Care Program shall include the appropriate care coordination
19unit in all communications related to the determination or
20status of the application.
21    The Community Care Program Medicaid Initiative shall
22provide targeted funding to care coordination units to help
23seniors complete their applications for medical assistance
24benefits. On and after July 1, 2019, care coordination units
25shall receive no less than $200 per completed application,
26which rate may be included in a bundled rate for initial intake

 

 

10100SB1814ham001- 23 -LRB101 09785 JWD 61498 a

1services when Medicaid application assistance is provided in
2conjunction with the initial intake process for new program
3participants.
4    The Community Care Program Medicaid Initiative shall cease
5operation 5 years after the effective date of this amendatory
6Act of the 100th General Assembly, after which the Subcommittee
7shall dissolve.
8(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
9100-587, eff. 6-4-18; 100-1148, eff. 12-10-18.)
 
10    Section 5-10. The Substance Use Disorder Act is amended by
11changing Sections 5-10 and 50-35 as follows:
 
12    (20 ILCS 301/5-10)
13    Sec. 5-10. Functions of the Department.
14    (a) In addition to the powers, duties and functions vested
15in the Department by this Act, or by other laws of this State,
16the Department shall carry out the following activities:
17        (1) Design, coordinate and fund comprehensive
18    community-based and culturally and gender-appropriate
19    services throughout the State. These services must include
20    prevention, early intervention, treatment, and other
21    recovery support services for substance use disorders that
22    are accessible and addresses the needs of at-risk
23    individuals and their families.
24        (2) Act as the exclusive State agency to accept,

 

 

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1    receive and expend, pursuant to appropriation, any public
2    or private monies, grants or services, including those
3    received from the federal government or from other State
4    agencies, for the purpose of providing prevention, early
5    intervention, treatment, and other recovery support
6    services for substance use disorders.
7        (2.5) In partnership with the Department of Healthcare
8    and Family Services, act as one of the principal State
9    agencies for the sole purpose of calculating the
10    maintenance of effort requirement under Section 1930 of
11    Title XIX, Part B, Subpart II of the Public Health Service
12    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
13    96.134).
14        (3) Coordinate a statewide strategy for the
15    prevention, early intervention, treatment, and recovery
16    support of substance use disorders. This strategy shall
17    include the development of a comprehensive plan, submitted
18    annually with the application for federal substance use
19    disorder block grant funding, for the provision of an array
20    of such services. The plan shall be based on local
21    community-based needs and upon data including, but not
22    limited to, that which defines the prevalence of and costs
23    associated with substance use disorders. This
24    comprehensive plan shall include identification of
25    problems, needs, priorities, services and other pertinent
26    information, including the needs of minorities and other

 

 

10100SB1814ham001- 25 -LRB101 09785 JWD 61498 a

1    specific priority populations in the State, and shall
2    describe how the identified problems and needs will be
3    addressed. For purposes of this paragraph, the term
4    "minorities and other specific priority populations" may
5    include, but shall not be limited to, groups such as women,
6    children, intravenous drug users, persons with AIDS or who
7    are HIV infected, veterans, African-Americans, Puerto
8    Ricans, Hispanics, Asian Americans, the elderly, persons
9    in the criminal justice system, persons who are clients of
10    services provided by other State agencies, persons with
11    disabilities and such other specific populations as the
12    Department may from time to time identify. In developing
13    the plan, the Department shall seek input from providers,
14    parent groups, associations and interested citizens.
15        The plan developed under this Section shall include an
16    explanation of the rationale to be used in ensuring that
17    funding shall be based upon local community needs,
18    including, but not limited to, the incidence and prevalence
19    of, and costs associated with, substance use disorders, as
20    well as upon demonstrated program performance.
21        The plan developed under this Section shall also
22    contain a report detailing the activities of and progress
23    made through services for the care and treatment of
24    substance use disorders among pregnant women and mothers
25    and their children established under subsection (j) of
26    Section 35-5.

 

 

10100SB1814ham001- 26 -LRB101 09785 JWD 61498 a

1        As applicable, the plan developed under this Section
2    shall also include information about funding by other State
3    agencies for prevention, early intervention, treatment,
4    and other recovery support services.
5        (4) Lead, foster and develop cooperation, coordination
6    and agreements among federal and State governmental
7    agencies and local providers that provide assistance,
8    services, funding or other functions, peripheral or
9    direct, in the prevention, early intervention, treatment,
10    and recovery support for substance use disorders. This
11    shall include, but shall not be limited to, the following:
12            (A) Cooperate with and assist other State
13        agencies, as applicable, in establishing and
14        conducting substance use disorder services among the
15        populations they respectively serve.
16            (B) Cooperate with and assist the Illinois
17        Department of Public Health in the establishment,
18        funding and support of programs and services for the
19        promotion of maternal and child health and the
20        prevention and treatment of infectious diseases,
21        including but not limited to HIV infection, especially
22        with respect to those persons who are high risk due to
23        intravenous injection of illegal drugs, or who may have
24        been sexual partners of these individuals, or who may
25        have impaired immune systems as a result of a substance
26        use disorder.

 

 

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1            (C) Supply to the Department of Public Health and
2        prenatal care providers a list of all providers who are
3        licensed to provide substance use disorder treatment
4        for pregnant women in this State.
5            (D) Assist in the placement of child abuse or
6        neglect perpetrators (identified by the Illinois
7        Department of Children and Family Services (DCFS)) who
8        have been determined to be in need of substance use
9        disorder treatment pursuant to Section 8.2 of the
10        Abused and Neglected Child Reporting Act.
11            (E) Cooperate with and assist DCFS in carrying out
12        its mandates to:
13                (i) identify substance use disorders among its
14            clients and their families; and
15                (ii) develop services to deal with such
16            disorders.
17        These services may include, but shall not be limited
18        to, programs to prevent or treat substance use
19        disorders with DCFS clients and their families,
20        identifying child care needs within such treatment,
21        and assistance with other issues as required.
22            (F) Cooperate with and assist the Illinois
23        Criminal Justice Information Authority with respect to
24        statistical and other information concerning the
25        incidence and prevalence of substance use disorders.
26            (G) Cooperate with and assist the State

 

 

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1        Superintendent of Education, boards of education,
2        schools, police departments, the Illinois Department
3        of State Police, courts and other public and private
4        agencies and individuals in establishing prevention
5        programs statewide and preparing curriculum materials
6        for use at all levels of education.
7            (H) Cooperate with and assist the Illinois
8        Department of Healthcare and Family Services in the
9        development and provision of services offered to
10        recipients of public assistance for the treatment and
11        prevention of substance use disorders.
12            (I) (Blank).
13        (5) From monies appropriated to the Department from the
14    Drunk and Drugged Driving Prevention Fund, reimburse DUI
15    evaluation and risk education programs licensed by the
16    Department for providing indigent persons with free or
17    reduced-cost evaluation and risk education services
18    relating to a charge of driving under the influence of
19    alcohol or other drugs.
20        (6) Promulgate regulations to identify and disseminate
21    best practice guidelines that can be utilized by publicly
22    and privately funded programs as well as for levels of
23    payment to government funded programs that provide
24    prevention, early intervention, treatment, and other
25    recovery support services for substance use disorders and
26    those services referenced in Sections 15-10 and 40-5.

 

 

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1        (7) In consultation with providers and related trade
2    associations, specify a uniform methodology for use by
3    funded providers and the Department for billing and
4    collection and dissemination of statistical information
5    regarding services related to substance use disorders.
6        (8) Receive data and assistance from federal, State and
7    local governmental agencies, and obtain copies of
8    identification and arrest data from all federal, State and
9    local law enforcement agencies for use in carrying out the
10    purposes and functions of the Department.
11        (9) Designate and license providers to conduct
12    screening, assessment, referral and tracking of clients
13    identified by the criminal justice system as having
14    indications of substance use disorders and being eligible
15    to make an election for treatment under Section 40-5 of
16    this Act, and assist in the placement of individuals who
17    are under court order to participate in treatment.
18        (10) Identify and disseminate evidence-based best
19    practice guidelines as maintained in administrative rule
20    that can be utilized to determine a substance use disorder
21    diagnosis.
22        (11) (Blank).
23        (12) Make grants with funds appropriated from the Drug
24    Treatment Fund in accordance with Section 7 of the
25    Controlled Substance and Cannabis Nuisance Act, or in
26    accordance with Section 80 of the Methamphetamine Control

 

 

10100SB1814ham001- 30 -LRB101 09785 JWD 61498 a

1    and Community Protection Act, or in accordance with
2    subsections (h) and (i) of Section 411.2 of the Illinois
3    Controlled Substances Act, or in accordance with Section
4    6z-107 of the State Finance Act.
5        (13) Encourage all health and disability insurance
6    programs to include substance use disorder treatment as a
7    covered service and to use evidence-based best practice
8    criteria as maintained in administrative rule and as
9    required in Public Act 99-0480 in determining the necessity
10    for such services and continued stay.
11        (14) Award grants and enter into fixed-rate and
12    fee-for-service arrangements with any other department,
13    authority or commission of this State, or any other state
14    or the federal government or with any public or private
15    agency, including the disbursement of funds and furnishing
16    of staff, to effectuate the purposes of this Act.
17        (15) Conduct a public information campaign to inform
18    the State's Hispanic residents regarding the prevention
19    and treatment of substance use disorders.
20    (b) In addition to the powers, duties and functions vested
21in it by this Act, or by other laws of this State, the
22Department may undertake, but shall not be limited to, the
23following activities:
24        (1) Require all organizations licensed or funded by the
25    Department to include an education component to inform
26    participants regarding the causes and means of

 

 

10100SB1814ham001- 31 -LRB101 09785 JWD 61498 a

1    transmission and methods of reducing the risk of acquiring
2    or transmitting HIV infection and other infectious
3    diseases, and to include funding for such education
4    component in its support of the program.
5        (2) Review all State agency applications for federal
6    funds that include provisions relating to the prevention,
7    early intervention and treatment of substance use
8    disorders in order to ensure consistency.
9        (3) Prepare, publish, evaluate, disseminate and serve
10    as a central repository for educational materials dealing
11    with the nature and effects of substance use disorders.
12    Such materials may deal with the educational needs of the
13    citizens of Illinois, and may include at least pamphlets
14    that describe the causes and effects of fetal alcohol
15    spectrum disorders.
16        (4) Develop and coordinate, with regional and local
17    agencies, education and training programs for persons
18    engaged in providing services for persons with substance
19    use disorders, which programs may include specific HIV
20    education and training for program personnel.
21        (5) Cooperate with and assist in the development of
22    education, prevention, early intervention, and treatment
23    programs for employees of State and local governments and
24    businesses in the State.
25        (6) Utilize the support and assistance of interested
26    persons in the community, including recovering persons, to

 

 

10100SB1814ham001- 32 -LRB101 09785 JWD 61498 a

1    assist individuals and communities in understanding the
2    dynamics of substance use disorders, and to encourage
3    individuals with substance use disorders to voluntarily
4    undergo treatment.
5        (7) Promote, conduct, assist or sponsor basic
6    clinical, epidemiological and statistical research into
7    substance use disorders and research into the prevention of
8    those problems either solely or in conjunction with any
9    public or private agency.
10        (8) Cooperate with public and private agencies,
11    organizations and individuals in the development of
12    programs, and to provide technical assistance and
13    consultation services for this purpose.
14        (9) (Blank).
15        (10) (Blank).
16        (11) Fund, promote, or assist entities dealing with
17    substance use disorders.
18        (12) With monies appropriated from the Group Home Loan
19    Revolving Fund, make loans, directly or through
20    subcontract, to assist in underwriting the costs of housing
21    in which individuals recovering from substance use
22    disorders may reside, pursuant to Section 50-40 of this
23    Act.
24        (13) Promulgate such regulations as may be necessary to
25    carry out the purposes and enforce the provisions of this
26    Act.

 

 

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1        (14) Provide funding to help parents be effective in
2    preventing substance use disorders by building an
3    awareness of the family's role in preventing substance use
4    disorders through adjusting expectations, developing new
5    skills, and setting positive family goals. The programs
6    shall include, but not be limited to, the following
7    subjects: healthy family communication; establishing rules
8    and limits; how to reduce family conflict; how to build
9    self-esteem, competency, and responsibility in children;
10    how to improve motivation and achievement; effective
11    discipline; problem solving techniques; and how to talk
12    about drugs and alcohol. The programs shall be open to all
13    parents.
14(Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19.)
 
15    (20 ILCS 301/50-35)
16    Sec. 50-35. Drug Treatment Fund.
17    (a) There is hereby established the Drug Treatment Fund, to
18be held as a separate fund in the State treasury. There shall
19be deposited into this fund such amounts as may be received
20under subsections (h) and (i) of Section 411.2 of the Illinois
21Controlled Substances Act, under Section 80 of the
22Methamphetamine Control and Community Protection Act, and
23under Section 7 of the Controlled Substance and Cannabis
24Nuisance Act, or under Section 6z-107 of the State Finance Act.
25    (b) Monies in this fund shall be appropriated to the

 

 

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1Department for the purposes and activities set forth in
2subsections (h) and (i) of Section 411.2 of the Illinois
3Controlled Substances Act, or in Section 7 of the Controlled
4Substance and Cannabis Nuisance Act, or in Section 6z-107 of
5the State Finance Act.
6(Source: P.A. 94-556, eff. 9-11-05.)
 
7    Section 5-15. The Children and Family Services Act is
8amended by adding Section 5f as follows:
 
9    (20 ILCS 505/5f new)
10    Sec. 5f. Reimbursement rates. On July 1, 2019, the
11Department of Children and Family Services shall increase rates
12in effect on June 30, 2019 for providers by 5%. The contractual
13and grant services eligible for increased reimbursement rates
14under this Section include the following:
15    (1) Residential services, including child care
16institutions, group home care, independent living services, or
17transitional living services.
18    (2) Specialized, adolescent, treatment, or other
19non-traditional or Home-of-Relative foster care.
20    (3) Traditional or Home-of-Relative foster care.
21    (4) Intact family services.
22    (5) Teen parenting services.
 
23    (20 ILCS 661/Act rep.)

 

 

10100SB1814ham001- 35 -LRB101 09785 JWD 61498 a

1    Section 5-20. The High Speed Internet Services and
2Information Technology Act is repealed.
 
3    Section 5-25. The Illinois Promotion Act is amended by
4changing Sections 3 and 8b as follows:
 
5    (20 ILCS 665/3)  (from Ch. 127, par. 200-23)
6    Sec. 3. Definitions. The following words and terms,
7whenever used or referred to in this Act, shall have the
8following meanings, except where the context may otherwise
9require:
10    (a) "Department" means the Department of Commerce and
11Economic Opportunity of the State of Illinois.
12    (b) "Local promotion group" means any non-profit
13corporation, organization, association, agency or committee
14thereof formed for the primary purpose of publicizing,
15promoting, advertising or otherwise encouraging the
16development of tourism in any municipality, county, or region
17of Illinois.
18    (c) "Promotional activities" means preparing, planning and
19conducting campaigns of information, advertising and publicity
20through such media as newspapers, radio, television,
21magazines, trade journals, moving and still photography,
22posters, outdoor signboards and personal contact within and
23without the State of Illinois; dissemination of information,
24advertising, publicity, photographs and other literature and

 

 

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1material designed to carry out the purpose of this Act; and
2participation in and attendance at meetings and conventions
3concerned primarily with tourism, including travel to and from
4such meetings.
5    (d) "Municipality" means "municipality" as defined in
6Section 1-1-2 of the Illinois Municipal Code, as heretofore and
7hereafter amended.
8    (e) "Tourism" means travel 50 miles or more one-way or an
9overnight trip outside of a person's normal routine.
10    (f) "Municipal amateur sports facility" means a sports
11facility that: (1) is owned by a unit of local government; (2)
12has contiguous indoor sports competition space; (3) is designed
13to principally accommodate and host amateur competitions for
14youths, adults, or both; and (4) is not used for professional
15sporting events where participants are compensated for their
16participation.
17    (g) "Municipal convention center" means a convention
18center or civic center owned by a unit of local government or
19operated by a convention center authority, or a municipal
20convention hall as defined in paragraph (1) of Section 11-65-1
21of the Illinois Municipal Code, with contiguous exhibition
22space ranging between 30,000 and 125,000 square feet.
23    (h) "Convention center authority" means an Authority, as
24defined by the Civic Center Code, that operates a municipal
25convention center with contiguous exhibition space ranging
26between 30,000 and 125,000 square feet.

 

 

10100SB1814ham001- 37 -LRB101 09785 JWD 61498 a

1    (i) "Incentive" means: (1) a financial an incentive
2provided by a unit of local government municipal convention
3center or convention center authority to attract for a
4convention, meeting, or trade show held at a municipal
5convention center that, but for the incentive, would not have
6occurred in the State or been retained in the State; or (2) a
7financial an incentive provided by a unit of local government
8for attracting a sporting event held at its a municipal amateur
9sports facility that, but for the incentive, would not have
10occurred in the State or been retained in the State; but (3)
11only a financial incentive offered or provided to a person or
12entity in the form of financial benefits or costs which are
13allowable costs pursuant to the Grant Accountability and
14Transparency Act.
15(Source: P.A. 99-476, eff. 8-27-15.)
 
16    (20 ILCS 665/8b)
17    Sec. 8b. Municipal convention center and sports facility
18attraction grants.
19    (a) Until July 1, 2022, the Department is authorized to
20make grants, subject to appropriation by the General Assembly,
21from the Tourism Promotion Fund to a unit of local government ,
22municipal convention center, or convention center authority
23that provides incentives, as defined in subsection (i) of
24Section 3 of this Act, for the purpose of attracting
25conventions, meetings, and trade shows to municipal convention

 

 

10100SB1814ham001- 38 -LRB101 09785 JWD 61498 a

1centers or and attracting sporting events to municipal amateur
2sports facilities. Grants awarded under this Section shall be
3based on the net proceeds received under the Hotel Operators'
4Occupation Tax Act for the renting, leasing, or letting of
5hotel rooms in the municipality in which the municipal
6convention center or municipal amateur sports facility is
7located for the month in which the convention, meeting, trade
8show, or sporting event occurs. Grants shall not exceed 80% of
9the incentive amount provided by the unit of local government ,
10municipal convention center, or convention center authority.
11Further, in no event may the aggregate amount of grants awarded
12with respect to a single municipal convention center ,
13convention center authority, or municipal amateur sports
14facility exceed $200,000 in any calendar year. The Department
15may, by rule, require any other provisions it deems necessary
16in order to protect the State's interest in administering this
17program.
18    (b) No later than May 15 of each year, through May 15,
192022, the unit of local government , municipal convention
20center, or convention center authority shall certify to the
21Department the amounts of funds expended in the previous
22calendar fiscal year to provide qualified incentives; however,
23in no event may the certified amount pursuant to this paragraph
24exceed $200,000 with respect to for any municipal convention
25center , convention center authority, or municipal amateur
26sports facility in any calendar year. The unit of local

 

 

10100SB1814ham001- 39 -LRB101 09785 JWD 61498 a

1government , convention center, or convention center authority
2shall certify (A) the net proceeds received under the Hotel
3Operators' Occupation Tax Act for the renting, leasing, or
4letting of hotel rooms in the municipality for the month in
5which the convention, meeting, or trade show occurs and (B) the
6average of the net proceeds received under the Hotel Operators'
7Occupation Tax Act for the renting, leasing, or letting of
8hotel rooms in the municipality for the same month in the 3
9immediately preceding years. The unit of local government ,
10municipal convention center, or convention center authority
11shall include the incentive amounts as part of its regular
12audit.
13    (b-5) Grants awarded to a unit of local government ,
14municipal convention center, or convention center authority
15may be made by the Department of Commerce and Economic
16Opportunity from appropriations for those purposes for any
17fiscal year, without regard to the fact that the qualification
18or obligation may have occurred in a prior fiscal year.
19    (c) The Department shall submit a report, which must be
20provided electronically, on the effectiveness of the program
21established under this Section to the General Assembly no later
22than January 1, 2022.
23(Source: P.A. 99-476, eff. 8-27-15; 100-643, eff. 7-27-18.)
 
24    Section 5-30. The Department of Human Services Act is
25amended by changing Section 1-50 as follows:
 

 

 

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1    (20 ILCS 1305/1-50)
2    Sec. 1-50. Department of Human Services Community Services
3Fund.
4    (a) The Department of Human Services Community Services
5Fund is created in the State treasury as a special fund.
6    (b) The Fund is created for the purpose of receiving and
7disbursing moneys in accordance with this Section.
8Disbursements from the Fund shall be made, subject to
9appropriation, for payment of expenses incurred by the
10Department of Human Services in support of the Department's
11rebalancing services, mental health services, and substance
12abuse and prevention services.
13    (c) The Fund shall consist of the following:
14        (1) Moneys transferred from another State fund.
15        (2) All federal moneys received as a result of
16    expenditures that are attributable to moneys deposited in
17    the Fund.
18        (3) All other moneys received for the Fund from any
19    other source.
20        (4) Interest earned upon moneys in the Fund.
21(Source: P.A. 96-1530, eff. 2-16-11.)
 
22    Section 5-35. The State Finance Act is amended by changing
23Sections 5.857, 5h.5, 6z-27, 6z-32, 6z-51, 6z-70, 6z-100, 8.3,
248g, 8g-1, 13.2, and 25 and by adding Sections 5.891 and 6z-107

 

 

10100SB1814ham001- 41 -LRB101 09785 JWD 61498 a

1as follows:
 
2    (30 ILCS 105/5.857)
3    (Section scheduled to be repealed on July 1, 2019)
4    Sec. 5.857. The Capital Development Board Revolving Fund.
5This Section is repealed July 1, 2020 2019.
6(Source: P.A. 99-78, eff. 7-20-15; 99-523, eff. 6-30-16;
7100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
8    (30 ILCS 105/5.891 new)
9    Sec. 5.891. The Governor's Administrative Fund.
 
10    (30 ILCS 105/5h.5)
11    Sec. 5h.5. Cash flow borrowing and general funds liquidity;
12Fiscal Years 2018, and 2019, 2020, and 2021.
13    (a) In order to meet cash flow deficits and to maintain
14liquidity in general funds and the Health Insurance Reserve
15Fund, on and after July 1, 2017 and through March 1, 2021 2019,
16the State Treasurer and the State Comptroller, in consultation
17with the Governor's Office of Management and Budget, shall make
18transfers to general funds and the Health Insurance Reserve
19Fund, as directed by the State Comptroller, out of special
20funds of the State, to the extent allowed by federal law.
21    No such transfer may reduce the cumulative balance of all
22of the special funds of the State to an amount less than the
23total debt service payable during the 12 months immediately

 

 

10100SB1814ham001- 42 -LRB101 09785 JWD 61498 a

1following the date of the transfer on any bonded indebtedness
2of the State and any certificates issued under the Short Term
3Borrowing Act. At no time shall the outstanding total transfers
4made from the special funds of the State to general funds and
5the Health Insurance Reserve Fund under this Section exceed
6$1,200,000,000; once the amount of $1,200,000,000 has been
7transferred from the special funds of the State to general
8funds and the Health Insurance Reserve Fund, additional
9transfers may be made from the special funds of the State to
10general funds and the Health Insurance Reserve Fund under this
11Section only to the extent that moneys have first been
12re-transferred from general funds and the Health Insurance
13Reserve Fund to those special funds of the State.
14Notwithstanding any other provision of this Section, no such
15transfer may be made from any special fund that is exclusively
16collected by or directly appropriated to any other
17constitutional officer without the written approval of that
18constitutional officer.
19    (b) If moneys have been transferred to general funds and
20the Health Insurance Reserve Fund pursuant to subsection (a) of
21this Section, Public Act 100-23 this amendatory Act of the
22100th General Assembly shall constitute the continuing
23authority for and direction to the State Treasurer and State
24Comptroller to reimburse the funds of origin from general funds
25by transferring to the funds of origin, at such times and in
26such amounts as directed by the Comptroller when necessary to

 

 

10100SB1814ham001- 43 -LRB101 09785 JWD 61498 a

1support appropriated expenditures from the funds, an amount
2equal to that transferred from them plus any interest that
3would have accrued thereon had the transfer not occurred,
4except that any moneys transferred pursuant to subsection (a)
5of this Section shall be repaid to the fund of origin within 48
624 months after the date on which they were borrowed. When any
7of the funds from which moneys have been transferred pursuant
8to subsection (a) have insufficient cash from which the State
9Comptroller may make expenditures properly supported by
10appropriations from the fund, then the State Treasurer and
11State Comptroller shall transfer from general funds to the fund
12only such amount as is immediately necessary to satisfy
13outstanding expenditure obligations on a timely basis.
14    (c) On the first day of each quarterly period in each
15fiscal year, until such time as a report indicates that all
16moneys borrowed and interest pursuant to this Section have been
17repaid, the Comptroller shall provide to the President and the
18Minority Leader of the Senate, the Speaker and the Minority
19Leader of the House of Representatives, and the Commission on
20Government Forecasting and Accountability a report on all
21transfers made pursuant to this Section in the prior quarterly
22period. The report must be provided in electronic format. The
23report must include all of the following:
24        (1) the date each transfer was made;
25        (2) the amount of each transfer;
26        (3) in the case of a transfer from general funds to a

 

 

10100SB1814ham001- 44 -LRB101 09785 JWD 61498 a

1    fund of origin pursuant to subsection (b) of this Section,
2    the amount of interest being paid to the fund of origin;
3    and
4        (4) the end of day balance of the fund of origin, the
5    general funds, and the Health Insurance Reserve Fund on the
6    date the transfer was made.
7(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
8    (30 ILCS 105/6z-27)
9    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
10transferred, appropriated and used only for the purposes
11authorized by, and subject to the limitations and conditions
12prescribed by, the State Auditing Act.
13    Within 30 days after the effective date of this amendatory
14Act of the 101st 100th General Assembly, the State Comptroller
15shall order transferred and the State Treasurer shall transfer
16from the following funds moneys in the specified amounts for
17deposit into the Audit Expense Fund:
18Agricultural Premium Fund.......................152,228 18,792
19Assisted Living and Shared Housing Regulatory Fund......2,549
20Anna Veterans Home Fund.................................8,050
21Appraisal Administration Fund...........................4,373
22Attorney General Court Ordered and Voluntary Compliance
23    Payment Projects Fund..............................14,421
24Attorney General Whistleblower Reward and
25    Protection Fund.....................................9,220

 

 

10100SB1814ham001- 45 -LRB101 09785 JWD 61498 a

1Bank and Trust Company Fund............................93,160
2Budget Stabilization Fund.............................131,491
3Care Provider Fund for Persons with a
4    Developmental Disability......................14,212 6,003
5CDLIS/AAMVAnet/NMVTIS Trust Fund...................5,031 2,495
6Cemetery Oversight Licensing and Disciplinary Fund......5,583
7Chicago State University Education Improvement Fund.4,036 4,233
8Child Support Administrative Fund..................5,843 2,299
9Clean Air Act Permit Fund.................................980
10Commitment to Human Services Fund.....................122,475
11Common School Fund.............................238,911 433,663
12Community Association Manager Licensing and
13    Disciplinary Fund.....................................877
14Community Mental Health Medicaid Trust Fund.......23,615 9,897
15Corporate Franchise Tax Refund Fund.....................3,294
16Credit Union Fund......................................22,441
17Cycle Rider Safety Training Fund........................1,084
18DCFS Children's Services Fund.........................241,473
19Death Certificate Surcharge Fund........................4,790
20Death Penalty Abolition Fund............................6,142
21Department of Business Services Special
22    Operations Fund...............................11,370 5,493
23Department of Corrections Reimbursement
24    and Education Fund.................................18,389
25Department of Human Services Community
26    Services Fund.................................11,733 5,399

 

 

10100SB1814ham001- 46 -LRB101 09785 JWD 61498 a

1Design Professionals Administration and
2    Investigation Fund..................................5,378
3The Downstate Public Transportation Fund.........12,268 32,074
4Downstate Transit Improvement Fund......................1,251
5Dram Shop Fund............................................514
6Driver Services Administration Fund..................1,272 897
7Drivers Education Fund..................................1,417
8Drug Rebate Fund.................................41,241 21,941
9Drug Treatment Fund..................................1,530 527
10Drunk and Drugged Driving Prevention Fund.................790
11The Education Assistance Fund..............1,332,369 1,230,281
12Electronic Health Record Incentive Fund..............2,575 657
13Emergency Public Health Fund............................9,383
14EMS Assistance Fund.....................................1,925
15Energy Efficiency Portfolio Standards Fund............126,046
16Environmental Protection Permit and Inspection Fund.......733
17Estate Tax Refund Fund..................................1,877
18Facilities Management Revolving Fund.............19,625 15,360
19Facility Licensing Fund.................................2,411
20Fair and Exposition Fund.............................4,698 911
21Federal Financing Cost Reimbursement Fund.................649
22Federal High Speed Rail Trust Fund...............14,092 59,579
23Federal Workforce Training Fund.......................152,617
24Feed Control Fund..................................8,112 1,584
25Fertilizer Control Fund............................6,898 1,369
26The Fire Prevention Fund...........................3,706 3,183

 

 

10100SB1814ham001- 47 -LRB101 09785 JWD 61498 a

1Food and Drug Safety Fund...............................4,068
2Fund for the Advancement of Education...........14,680 130,528
3General Professions Dedicated Fund................3,102 19,678
4The General Revenue Fund...........................17,653,153
5Grade Crossing Protection Fund.....................1,483 2,379
6Grant Accountability and Transparency Fund................594
7Hazardous Waste Fund......................................633
8Health and Human Services Medicaid Trust Fund......9,399 3,852
9Health Facility Plan Review Fund........................3,521
10Healthcare Provider Relief Fund.................230,920 71,263
11Healthy Smiles Fund.......................................892
12Home Care Services Agency Licensure Fund................3,582
13Horse Racing Fund.....................................215,160
14Hospital Licensure Fund.................................1,946
15Hospital Provider Fund..........................115,090 44,230
16ICJIA Violence Prevention Fund..........................2,023
17Illinois Affordable Housing Trust Fund.............7,306 5,478
18Illinois Capital Revolving Loan Fund....................1,067
19Illinois Charity Bureau Fund............................2,236
20Illinois Clean Water Fund...............................1,177
21Illinois Health Facilities Planning Fund................4,047
22Illinois School Asbestos Abatement Fund.................1,150
23Illinois Standardbred Breeders Fund....................12,452
24Illinois Gaming Law Enforcement Fund....................1,395
25Illinois State Dental Disciplinary Fund.................5,128
26Illinois State Fair Fund..........................29,588 7,297

 

 

10100SB1814ham001- 48 -LRB101 09785 JWD 61498 a

1Illinois State Medical Disciplinary Fund...............21,473
2Illinois State Pharmacy Disciplinary Fund...............8,839
3Illinois Thoroughbred Breeders Fund....................19,485
4Illinois Veterans Assistance Fund.......................3,863
5Illinois Veterans' Rehabilitation Fund...............1,187 634
6Illinois Workers' Compensation Commission
7    Operations Fund..............................206,564 4,758
8IMSA Income Fund...................................7,646 6,823
9Income Tax Refund Fund..........................55,081 176,034
10Insurance Financial Regulation Fund...................110,878
11Insurance Premium Tax Refund Fund......................16,534
12Insurance Producer Administration Fund................107,833
13Intermodal Facilities Promotion Fund....................1,011
14International Tourism Fund..............................6,566
15LaSalle Veterans Home Fund.............................36,259
16LEADS Maintenance Fund..................................1,050
17Lead Poisoning Screening, Prevention, and
18    Abatement Fund......................................7,730
19Live and Learn Fund..............................21,306 10,805
20Lobbyist Registration Administration Fund............1,088 521
21The Local Government Distributive Fund..........31,539 113,119
22Local Tourism Fund.....................................19,098
23Long-Term Care Monitor/Receiver Fund...................54,094
24Long-Term Care Provider Fund......................20,649 6,761
25Mandatory Arbitration Fund..............................2,225
26Manteno Veterans Home Fund.............................68,288

 

 

10100SB1814ham001- 49 -LRB101 09785 JWD 61498 a

1Medical Interagency Program Fund.....................1,948 602
2Medical Special Purposes Trust Fund.....................2,073
3Mental Health Fund................................15,458 3,358
4Metabolic Screening and Treatment Fund.................44,251
5Money Laundering Asset Recovery Fund....................1,115
6Monitoring Device Driving Permit
7    Administration Fee Fund..........................1,082 797
8Motor Carrier Safety Inspection Fund....................1,289
9The Motor Fuel Tax Fund.........................41,504 101,821
10Motor Vehicle License Plate Fund..................14,732 5,094
11Motor Vehicle Theft Prevention and Insurance
12    Verification Trust Fund........645
13Nursing Dedicated and Professional Fund...........3,690 10,673
14Open Space Lands Acquisition and Development Fund.........943
15Optometric Licensing and Disciplinary Board Fund........1,608
16Partners for Conservation Fund....................43,490 8,973
17The Personal Property Tax
18    Replacement Fund...........................100,416 119,343
19Pesticide Control Fund............................34,045 5,826
20Plumbing Licensure and Program Fund.....................4,005
21Professional Services Fund.........................3,806 1,569
22Professions Indirect Cost Fund........................176,535
23Public Pension Regulation Fund..........................9,236
24Public Health Laboratory Services Revolving Fund........7,750
25The Public Transportation Fund...................31,285 91,397
26Quincy Veterans Home Fund..............................64,594

 

 

10100SB1814ham001- 50 -LRB101 09785 JWD 61498 a

1Real Estate License Administration Fund................34,822
2Renewable Energy Resources Trust Fund..................10,947
3Regional Transportation Authority Occupation and
4    Use Tax Replacement Fund.........................898 3,486
5Registered Certified Public Accountants' Administration
6    and Disciplinary Fund...............................3,423
7Rental Housing Support Program Fund..................503 2,388
8Residential Finance Regulatory Fund....................17,742
9The Road Fund..................................215,480 662,332
10Roadside Memorial Fund..................................1,170
11Savings Bank Regulatory Fund............................2,270
12School Infrastructure Fund.......................15,933 14,441
13Secretary of State DUI Administration Fund.........1,980 1,107
14Secretary of State Identification Security and Theft
15    Prevention Fund...............................12,530 6,154
16Secretary of State Special License Plate Fund......3,274 2,210
17Secretary of State Special Services Fund.........18,638 10,306
18Securities Audit and Enforcement Fund..............7,900 3,972
19Solid Waste Management Fund...............................959
20Special Education Medicaid Matching Fund...........7,016 2,346
21State and Local Sales Tax Reform Fund..............2,022 6,592
22State Asset Forfeiture Fund.............................1,239
23State Construction Account Fund.................33,539 106,236
24State Crime Laboratory Fund.............................4,020
25State Gaming Fund...............................83,992 200,367
26The State Garage Revolving Fund....................5,770 5,521

 

 

10100SB1814ham001- 51 -LRB101 09785 JWD 61498 a

1The State Lottery Fund.........................487,256 215,561
2State Offender DNA Identification System Fund...........1,270
3State Pensions Fund...................................500,000
4State Police DUI Fund...................................1,050
5State Police Firearm Services Fund......................4,116
6State Police Services Fund.............................11,485
7State Police Vehicle Fund...............................6,004
8State Police Whistleblower Reward
9    and Protection Fund.................................3,519
10State Treasurer's Bank Services Trust Fund................625
11Supplemental Low-Income Energy Assistance Fund.........74,279
12Supreme Court Special Purposes Fund.....................3,879
13Tattoo and Body Piercing Establishment
14    Registration Fund.....................................706
15Tax Compliance and Administration Fund.............1,490 1,479
16Technology Management Revolving Fund..................204,090
17Tobacco Settlement Recovery Fund..................34,105 1,855
18Tourism Promotion Fund.................................40,541
19Trauma Center Fund.....................................10,783
20Underground Storage Tank Fund...........................2,737
21University of Illinois Hospital Services Fund......4,602 1,924
22The Vehicle Inspection Fund........................4,243 1,469
23Violent Crime Victims Assistance Fund..................13,911
24Weights and Measures Fund.........................27,517 5,660
25The Working Capital Revolving Fund.....................18,184
26    Notwithstanding any provision of the law to the contrary,

 

 

10100SB1814ham001- 52 -LRB101 09785 JWD 61498 a

1the General Assembly hereby authorizes the use of such funds
2for the purposes set forth in this Section.
3    These provisions do not apply to funds classified by the
4Comptroller as federal trust funds or State trust funds. The
5Audit Expense Fund may receive transfers from those trust funds
6only as directed herein, except where prohibited by the terms
7of the trust fund agreement. The Auditor General shall notify
8the trustees of those funds of the estimated cost of the audit
9to be incurred under the Illinois State Auditing Act for the
10fund. The trustees of those funds shall direct the State
11Comptroller and Treasurer to transfer the estimated amount to
12the Audit Expense Fund.
13    The Auditor General may bill entities that are not subject
14to the above transfer provisions, including private entities,
15related organizations and entities whose funds are
16locally-held, for the cost of audits, studies, and
17investigations incurred on their behalf. Any revenues received
18under this provision shall be deposited into the Audit Expense
19Fund.
20    In the event that moneys on deposit in any fund are
21unavailable, by reason of deficiency or any other reason
22preventing their lawful transfer, the State Comptroller shall
23order transferred and the State Treasurer shall transfer the
24amount deficient or otherwise unavailable from the General
25Revenue Fund for deposit into the Audit Expense Fund.
26    On or before December 1, 1992, and each December 1

 

 

10100SB1814ham001- 53 -LRB101 09785 JWD 61498 a

1thereafter, the Auditor General shall notify the Governor's
2Office of Management and Budget (formerly Bureau of the Budget)
3of the amount estimated to be necessary to pay for audits,
4studies, and investigations in accordance with the Illinois
5State Auditing Act during the next succeeding fiscal year for
6each State fund for which a transfer or reimbursement is
7anticipated.
8    Beginning with fiscal year 1994 and during each fiscal year
9thereafter, the Auditor General may direct the State
10Comptroller and Treasurer to transfer moneys from funds
11authorized by the General Assembly for that fund. In the event
12funds, including federal and State trust funds but excluding
13the General Revenue Fund, are transferred, during fiscal year
141994 and during each fiscal year thereafter, in excess of the
15amount to pay actual costs attributable to audits, studies, and
16investigations as permitted or required by the Illinois State
17Auditing Act or specific action of the General Assembly, the
18Auditor General shall, on September 30, or as soon thereafter
19as is practicable, direct the State Comptroller and Treasurer
20to transfer the excess amount back to the fund from which it
21was originally transferred.
22(Source: P.A. 99-38, eff. 7-14-15; 99-523, eff. 6-30-16;
23100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
24    (30 ILCS 105/6z-32)
25    Sec. 6z-32. Partners for Planning and Conservation.

 

 

10100SB1814ham001- 54 -LRB101 09785 JWD 61498 a

1    (a) The Partners for Conservation Fund (formerly known as
2the Conservation 2000 Fund) and the Partners for Conservation
3Projects Fund (formerly known as the Conservation 2000 Projects
4Fund) are created as special funds in the State Treasury. These
5funds shall be used to establish a comprehensive program to
6protect Illinois' natural resources through cooperative
7partnerships between State government and public and private
8landowners. Moneys in these Funds may be used, subject to
9appropriation, by the Department of Natural Resources,
10Environmental Protection Agency, and the Department of
11Agriculture for purposes relating to natural resource
12protection, planning, recreation, tourism, and compatible
13agricultural and economic development activities. Without
14limiting these general purposes, moneys in these Funds may be
15used, subject to appropriation, for the following specific
16purposes:
17        (1) To foster sustainable agriculture practices and
18    control soil erosion and sedimentation, including grants
19    to Soil and Water Conservation Districts for conservation
20    practice cost-share grants and for personnel, educational,
21    and administrative expenses.
22        (2) To establish and protect a system of ecosystems in
23    public and private ownership through conservation
24    easements, incentives to public and private landowners,
25    natural resource restoration and preservation, water
26    quality protection and improvement, land use and watershed

 

 

10100SB1814ham001- 55 -LRB101 09785 JWD 61498 a

1    planning, technical assistance and grants, and land
2    acquisition provided these mechanisms are all voluntary on
3    the part of the landowner and do not involve the use of
4    eminent domain.
5        (3) To develop a systematic and long-term program to
6    effectively measure and monitor natural resources and
7    ecological conditions through investments in technology
8    and involvement of scientific experts.
9        (4) To initiate strategies to enhance, use, and
10    maintain Illinois' inland lakes through education,
11    technical assistance, research, and financial incentives.
12        (5) To partner with private landowners and with units
13    of State, federal, and local government and with
14    not-for-profit organizations in order to integrate State
15    and federal programs with Illinois' natural resource
16    protection and restoration efforts and to meet
17    requirements to obtain federal and other funds for
18    conservation or protection of natural resources.
19    (b) The State Comptroller and State Treasurer shall
20automatically transfer on the last day of each month, beginning
21on September 30, 1995 and ending on June 30, 2021, from the
22General Revenue Fund to the Partners for Conservation Fund, an
23amount equal to 1/10 of the amount set forth below in fiscal
24year 1996 and an amount equal to 1/12 of the amount set forth
25below in each of the other specified fiscal years:
26Fiscal Year Amount

 

 

10100SB1814ham001- 56 -LRB101 09785 JWD 61498 a

11996$ 3,500,000
21997$ 9,000,000
31998$10,000,000
41999$11,000,000
52000$12,500,000
62001 through 2004$14,000,000
72005 $7,000,000
82006 $11,000,000
92007 $0
102008 through 2011 $14,000,000
112012 $12,200,000
122013 through 2017 $14,000,000
132018 $1,500,000
142019 through 2021 $14,000,000
152020 $7,500,000
162021 $14,000,000
17    (c) Notwithstanding any other provision of law to the
18contrary and in addition to any other transfers that may be
19provided for by law, on the last day of each month beginning on
20July 31, 2006 and ending on June 30, 2007, or as soon
21thereafter as may be practical, the State Comptroller shall
22direct and the State Treasurer shall transfer $1,000,000 from
23the Open Space Lands Acquisition and Development Fund to the
24Partners for Conservation Fund (formerly known as the
25Conservation 2000 Fund).
26    (d) There shall be deposited into the Partners for

 

 

10100SB1814ham001- 57 -LRB101 09785 JWD 61498 a

1Conservation Projects Fund such bond proceeds and other moneys
2as may, from time to time, be provided by law.
3(Source: P.A. 100-23, eff. 7-6-17.)
 
4    (30 ILCS 105/6z-51)
5    Sec. 6z-51. Budget Stabilization Fund.
6    (a) The Budget Stabilization Fund, a special fund in the
7State Treasury, shall consist of moneys appropriated or
8transferred to that Fund, as provided in Section 6z-43 and as
9otherwise provided by law. All earnings on Budget Stabilization
10Fund investments shall be deposited into that Fund.
11    (b) The State Comptroller may direct the State Treasurer to
12transfer moneys from the Budget Stabilization Fund to the
13General Revenue Fund in order to meet cash flow deficits
14resulting from timing variations between disbursements and the
15receipt of funds within a fiscal year. Any moneys so borrowed
16in any fiscal year other than Fiscal Year 2011 shall be repaid
17by June 30 of the fiscal year in which they were borrowed. Any
18moneys so borrowed in Fiscal Year 2011 shall be repaid no later
19than July 15, 2011.
20    (c) During Fiscal Year 2017 only, amounts may be expended
21from the Budget Stabilization Fund only pursuant to specific
22authorization by appropriation. Any moneys expended pursuant
23to appropriation shall not be subject to repayment.
24    (d) For Fiscal Year 2020, and beyond, any transfers into
25the Fund pursuant to the Cannabis Regulation and Tax Act may be

 

 

10100SB1814ham001- 58 -LRB101 09785 JWD 61498 a

1transferred to the General Revenue Fund in order for the
2Comptroller to address outstanding vouchers and shall not be
3subject to repayment back into the Budget Stabilization Fund.
4(Source: P.A. 99-523, eff. 6-30-16.)
 
5    (30 ILCS 105/6z-70)
6    Sec. 6z-70. The Secretary of State Identification Security
7and Theft Prevention Fund.
8    (a) The Secretary of State Identification Security and
9Theft Prevention Fund is created as a special fund in the State
10treasury. The Fund shall consist of any fund transfers, grants,
11fees, or moneys from other sources received for the purpose of
12funding identification security and theft prevention measures.
13    (b) All moneys in the Secretary of State Identification
14Security and Theft Prevention Fund shall be used, subject to
15appropriation, for any costs related to implementing
16identification security and theft prevention measures.
17    (c) (Blank).
18    (d) (Blank).
19    (e) (Blank).
20    (f) (Blank).
21    (g) (Blank).
22    (h) (Blank).
23    (i) (Blank).
24    (j) (Blank). Notwithstanding any other provision of State
25law to the contrary, on or after July 1, 2017, and until June

 

 

10100SB1814ham001- 59 -LRB101 09785 JWD 61498 a

130, 2018, in addition to any other transfers that may be
2provided for by law, at the direction of and upon notification
3of the Secretary of State, the State Comptroller shall direct
4and the State Treasurer shall transfer amounts into the
5Secretary of State Identification Security and Theft
6Prevention Fund from the designated funds not exceeding the
7following totals:
8    Registered Limited Liability Partnership Fund....$287,000
9    Securities Investors Education Fund............$1,500,000
10    Department of Business Services Special
11        Operations Fund............................$3,000,000
12    Securities Audit and Enforcement Fund..........$3,500,000
13    Corporate Franchise Tax Refund Fund............$3,000,000
14    (k) Notwithstanding any other provision of State law to the
15contrary, on or after July 1, 2018, and until June 30, 2019, in
16addition to any other transfers that may be provided for by
17law, at the direction of and upon notification of the Secretary
18of State, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts into the Secretary of State
20Identification Security and Theft Prevention Fund from the
21designated funds not exceeding the following totals:
22    Division of Corporations Registered Limited Liability
23    Partnership Fund.....................................$287,000
24    Securities Investors Education Fund............$1,500,000
25    Department of Business Services Special
26        Operations Fund............................$3,000,000

 

 

10100SB1814ham001- 60 -LRB101 09785 JWD 61498 a

1    Securities Audit and Enforcement Fund.........$3,500,000
2    (l) Notwithstanding any other provision of State law to the
3contrary, on or after July 1, 2019, and until June 30, 2020, in
4addition to any other transfers that may be provided for by
5law, at the direction of and upon notification of the Secretary
6of State, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts into the Secretary of State
8Identification Security and Theft Prevention Fund from the
9designated funds not exceeding the following totals:
10    Division of Corporations Registered Limited
11        Liability Partnership Fund....................$287,000
12    Securities Investors Education Fund.............$1,500,000
13    Department of Business Services
14        Special Operations Fund.....................$3,000,000
15    Securities Audit and Enforcement Fund...........$3,500,000
16(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
17    (30 ILCS 105/6z-100)
18    (Section scheduled to be repealed on July 1, 2019)
19    Sec. 6z-100. Capital Development Board Revolving Fund;
20payments into and use. All monies received by the Capital
21Development Board for publications or copies issued by the
22Board, and all monies received for contract administration
23fees, charges, or reimbursements owing to the Board shall be
24deposited into a special fund known as the Capital Development
25Board Revolving Fund, which is hereby created in the State

 

 

10100SB1814ham001- 61 -LRB101 09785 JWD 61498 a

1treasury. The monies in this Fund shall be used by the Capital
2Development Board, as appropriated, for expenditures for
3personal services, retirement, social security, contractual
4services, legal services, travel, commodities, printing,
5equipment, electronic data processing, or telecommunications.
6Unexpended moneys in the Fund shall not be transferred or
7allocated by the Comptroller or Treasurer to any other fund,
8nor shall the Governor authorize the transfer or allocation of
9those moneys to any other fund. This Section is repealed July
101, 2020 2019.
11(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
12100-587, eff. 6-4-18.)
 
13    (30 ILCS 105/6z-107 new)
14    Sec. 6z-107. Governor's Administrative Fund. The
15Governor's Administrative Fund is established as a special fund
16in the State Treasury. The Fund may accept moneys from any
17public source in the form of grants, deposits, and transfers,
18and shall be used for purposes designated by the source of the
19moneys and, if no specific purposes are designated, then for
20the general administrative and operational costs of the
21Governor's Office.
 
22    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
23    Sec. 8.3. Money in the Road Fund shall, if and when the
24State of Illinois incurs any bonded indebtedness for the

 

 

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1construction of permanent highways, be set aside and used for
2the purpose of paying and discharging annually the principal
3and interest on that bonded indebtedness then due and payable,
4and for no other purpose. The surplus, if any, in the Road Fund
5after the payment of principal and interest on that bonded
6indebtedness then annually due shall be used as follows:
7        first -- to pay the cost of administration of Chapters
8    2 through 10 of the Illinois Vehicle Code, except the cost
9    of administration of Articles I and II of Chapter 3 of that
10    Code; and
11        secondly -- for expenses of the Department of
12    Transportation for construction, reconstruction,
13    improvement, repair, maintenance, operation, and
14    administration of highways in accordance with the
15    provisions of laws relating thereto, or for any purpose
16    related or incident to and connected therewith, including
17    the separation of grades of those highways with railroads
18    and with highways and including the payment of awards made
19    by the Illinois Workers' Compensation Commission under the
20    terms of the Workers' Compensation Act or Workers'
21    Occupational Diseases Act for injury or death of an
22    employee of the Division of Highways in the Department of
23    Transportation; or for the acquisition of land and the
24    erection of buildings for highway purposes, including the
25    acquisition of highway right-of-way or for investigations
26    to determine the reasonably anticipated future highway

 

 

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1    needs; or for making of surveys, plans, specifications and
2    estimates for and in the construction and maintenance of
3    flight strips and of highways necessary to provide access
4    to military and naval reservations, to defense industries
5    and defense-industry sites, and to the sources of raw
6    materials and for replacing existing highways and highway
7    connections shut off from general public use at military
8    and naval reservations and defense-industry sites, or for
9    the purchase of right-of-way, except that the State shall
10    be reimbursed in full for any expense incurred in building
11    the flight strips; or for the operating and maintaining of
12    highway garages; or for patrolling and policing the public
13    highways and conserving the peace; or for the operating
14    expenses of the Department relating to the administration
15    of public transportation programs; or, during fiscal year
16    2012 only, for the purposes of a grant not to exceed
17    $8,500,000 to the Regional Transportation Authority on
18    behalf of PACE for the purpose of ADA/Para-transit
19    expenses; or, during fiscal year 2013 only, for the
20    purposes of a grant not to exceed $3,825,000 to the
21    Regional Transportation Authority on behalf of PACE for the
22    purpose of ADA/Para-transit expenses; or, during fiscal
23    year 2014 only, for the purposes of a grant not to exceed
24    $3,825,000 to the Regional Transportation Authority on
25    behalf of PACE for the purpose of ADA/Para-transit
26    expenses; or, during fiscal year 2015 only, for the

 

 

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1    purposes of a grant not to exceed $3,825,000 to the
2    Regional Transportation Authority on behalf of PACE for the
3    purpose of ADA/Para-transit expenses; or, during fiscal
4    year 2016 only, for the purposes of a grant not to exceed
5    $3,825,000 to the Regional Transportation Authority on
6    behalf of PACE for the purpose of ADA/Para-transit
7    expenses; or, during fiscal year 2017 only, for the
8    purposes of a grant not to exceed $3,825,000 to the
9    Regional Transportation Authority on behalf of PACE for the
10    purpose of ADA/Para-transit expenses; or, during fiscal
11    year 2018 only, for the purposes of a grant not to exceed
12    $3,825,000 to the Regional Transportation Authority on
13    behalf of PACE for the purpose of ADA/Para-transit
14    expenses; or, during fiscal year 2019 only, for the
15    purposes of a grant not to exceed $3,825,000 to the
16    Regional Transportation Authority on behalf of PACE for the
17    purpose of ADA/Para-transit expenses; or, during fiscal
18    year 2020 only, for the purposes of a grant not to exceed
19    $8,394,800 to the Regional Transportation Authority on
20    behalf of PACE for the purpose of ADA/Para-transit
21    expenses; or for any of those purposes or any other purpose
22    that may be provided by law.
23    Appropriations for any of those purposes are payable from
24the Road Fund. Appropriations may also be made from the Road
25Fund for the administrative expenses of any State agency that
26are related to motor vehicles or arise from the use of motor

 

 

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1vehicles.
2    Beginning with fiscal year 1980 and thereafter, no Road
3Fund monies shall be appropriated to the following Departments
4or agencies of State government for administration, grants, or
5operations; but this limitation is not a restriction upon
6appropriating for those purposes any Road Fund monies that are
7eligible for federal reimbursement:
8        1. Department of Public Health;
9        2. Department of Transportation, only with respect to
10    subsidies for one-half fare Student Transportation and
11    Reduced Fare for Elderly, except during fiscal year 2012
12    only when no more than $40,000,000 may be expended and
13    except during fiscal year 2013 only when no more than
14    $17,570,300 may be expended and except during fiscal year
15    2014 only when no more than $17,570,000 may be expended and
16    except during fiscal year 2015 only when no more than
17    $17,570,000 may be expended and except during fiscal year
18    2016 only when no more than $17,570,000 may be expended and
19    except during fiscal year 2017 only when no more than
20    $17,570,000 may be expended and except during fiscal year
21    2018 only when no more than $17,570,000 may be expended and
22    except during fiscal year 2019 only when no more than
23    $17,570,000 may be expended and except fiscal year 2020
24    only when no more than $17,570,000 may be expended;
25        3. Department of Central Management Services, except
26    for expenditures incurred for group insurance premiums of

 

 

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1    appropriate personnel;
2        4. Judicial Systems and Agencies.
3    Beginning with fiscal year 1981 and thereafter, no Road
4Fund monies shall be appropriated to the following Departments
5or agencies of State government for administration, grants, or
6operations; but this limitation is not a restriction upon
7appropriating for those purposes any Road Fund monies that are
8eligible for federal reimbursement:
9        1. Department of State Police, except for expenditures
10    with respect to the Division of Operations;
11        2. Department of Transportation, only with respect to
12    Intercity Rail Subsidies, except during fiscal year 2012
13    only when no more than $40,000,000 may be expended and
14    except during fiscal year 2013 only when no more than
15    $26,000,000 may be expended and except during fiscal year
16    2014 only when no more than $38,000,000 may be expended and
17    except during fiscal year 2015 only when no more than
18    $42,000,000 may be expended and except during fiscal year
19    2016 only when no more than $38,300,000 may be expended and
20    except during fiscal year 2017 only when no more than
21    $50,000,000 may be expended and except during fiscal year
22    2018 only when no more than $52,000,000 may be expended and
23    except during fiscal year 2019 only when no more than
24    $52,000,000 may be expended and except fiscal year 2020
25    only when no more than $50,000,000 may be expended, and
26    Rail Freight Services.

 

 

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1    Beginning with fiscal year 1982 and thereafter, no Road
2Fund monies shall be appropriated to the following Departments
3or agencies of State government for administration, grants, or
4operations; but this limitation is not a restriction upon
5appropriating for those purposes any Road Fund monies that are
6eligible for federal reimbursement: Department of Central
7Management Services, except for awards made by the Illinois
8Workers' Compensation Commission under the terms of the
9Workers' Compensation Act or Workers' Occupational Diseases
10Act for injury or death of an employee of the Division of
11Highways in the Department of Transportation.
12    Beginning with fiscal year 1984 and thereafter, no Road
13Fund monies shall be appropriated to the following Departments
14or agencies of State government for administration, grants, or
15operations; but this limitation is not a restriction upon
16appropriating for those purposes any Road Fund monies that are
17eligible for federal reimbursement:
18        1. Department of State Police, except not more than 40%
19    of the funds appropriated for the Division of Operations;
20        2. State Officers.
21    Beginning with fiscal year 1984 and thereafter, no Road
22Fund monies shall be appropriated to any Department or agency
23of State government for administration, grants, or operations
24except as provided hereafter; but this limitation is not a
25restriction upon appropriating for those purposes any Road Fund
26monies that are eligible for federal reimbursement. It shall

 

 

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1not be lawful to circumvent the above appropriation limitations
2by governmental reorganization or other methods.
3Appropriations shall be made from the Road Fund only in
4accordance with the provisions of this Section.
5    Money in the Road Fund shall, if and when the State of
6Illinois incurs any bonded indebtedness for the construction of
7permanent highways, be set aside and used for the purpose of
8paying and discharging during each fiscal year the principal
9and interest on that bonded indebtedness as it becomes due and
10payable as provided in the Transportation Bond Act, and for no
11other purpose. The surplus, if any, in the Road Fund after the
12payment of principal and interest on that bonded indebtedness
13then annually due shall be used as follows:
14        first -- to pay the cost of administration of Chapters
15    2 through 10 of the Illinois Vehicle Code; and
16        secondly -- no Road Fund monies derived from fees,
17    excises, or license taxes relating to registration,
18    operation and use of vehicles on public highways or to
19    fuels used for the propulsion of those vehicles, shall be
20    appropriated or expended other than for costs of
21    administering the laws imposing those fees, excises, and
22    license taxes, statutory refunds and adjustments allowed
23    thereunder, administrative costs of the Department of
24    Transportation, including, but not limited to, the
25    operating expenses of the Department relating to the
26    administration of public transportation programs, payment

 

 

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1    of debts and liabilities incurred in construction and
2    reconstruction of public highways and bridges, acquisition
3    of rights-of-way for and the cost of construction,
4    reconstruction, maintenance, repair, and operation of
5    public highways and bridges under the direction and
6    supervision of the State, political subdivision, or
7    municipality collecting those monies, or during fiscal
8    year 2012 only for the purposes of a grant not to exceed
9    $8,500,000 to the Regional Transportation Authority on
10    behalf of PACE for the purpose of ADA/Para-transit
11    expenses, or during fiscal year 2013 only for the purposes
12    of a grant not to exceed $3,825,000 to the Regional
13    Transportation Authority on behalf of PACE for the purpose
14    of ADA/Para-transit expenses, or during fiscal year 2014
15    only for the purposes of a grant not to exceed $3,825,000
16    to the Regional Transportation Authority on behalf of PACE
17    for the purpose of ADA/Para-transit expenses, or during
18    fiscal year 2015 only for the purposes of a grant not to
19    exceed $3,825,000 to the Regional Transportation Authority
20    on behalf of PACE for the purpose of ADA/Para-transit
21    expenses, or during fiscal year 2016 only for the purposes
22    of a grant not to exceed $3,825,000 to the Regional
23    Transportation Authority on behalf of PACE for the purpose
24    of ADA/Para-transit expenses, or during fiscal year 2017
25    only for the purposes of a grant not to exceed $3,825,000
26    to the Regional Transportation Authority on behalf of PACE

 

 

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1    for the purpose of ADA/Para-transit expenses, or during
2    fiscal year 2018 only for the purposes of a grant not to
3    exceed $3,825,000 to the Regional Transportation Authority
4    on behalf of PACE for the purpose of ADA/Para-transit
5    expenses, or during fiscal year 2019 only for the purposes
6    of a grant not to exceed $3,825,000 to the Regional
7    Transportation Authority on behalf of PACE for the purpose
8    of ADA/Para-transit expenses, or during fiscal year 2020
9    only for the purposes of a grant not to exceed $8,394,800
10    to the Regional Transportation Authority on behalf of PACE
11    for the purpose of ADA/Para-transit expenses, and the costs
12    for patrolling and policing the public highways (by State,
13    political subdivision, or municipality collecting that
14    money) for enforcement of traffic laws. The separation of
15    grades of such highways with railroads and costs associated
16    with protection of at-grade highway and railroad crossing
17    shall also be permissible.
18    Appropriations for any of such purposes are payable from
19the Road Fund or the Grade Crossing Protection Fund as provided
20in Section 8 of the Motor Fuel Tax Law.
21    Except as provided in this paragraph, beginning with fiscal
22year 1991 and thereafter, no Road Fund monies shall be
23appropriated to the Department of State Police for the purposes
24of this Section in excess of its total fiscal year 1990 Road
25Fund appropriations for those purposes unless otherwise
26provided in Section 5g of this Act. For fiscal years 2003,

 

 

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12004, 2005, 2006, and 2007 only, no Road Fund monies shall be
2appropriated to the Department of State Police for the purposes
3of this Section in excess of $97,310,000. For fiscal year 2008
4only, no Road Fund monies shall be appropriated to the
5Department of State Police for the purposes of this Section in
6excess of $106,100,000. For fiscal year 2009 only, no Road Fund
7monies shall be appropriated to the Department of State Police
8for the purposes of this Section in excess of $114,700,000.
9Beginning in fiscal year 2010, no road fund moneys shall be
10appropriated to the Department of State Police. It shall not be
11lawful to circumvent this limitation on appropriations by
12governmental reorganization or other methods unless otherwise
13provided in Section 5g of this Act.
14    In fiscal year 1994, no Road Fund monies shall be
15appropriated to the Secretary of State for the purposes of this
16Section in excess of the total fiscal year 1991 Road Fund
17appropriations to the Secretary of State for those purposes,
18plus $9,800,000. It shall not be lawful to circumvent this
19limitation on appropriations by governmental reorganization or
20other method.
21    Beginning with fiscal year 1995 and thereafter, no Road
22Fund monies shall be appropriated to the Secretary of State for
23the purposes of this Section in excess of the total fiscal year
241994 Road Fund appropriations to the Secretary of State for
25those purposes. It shall not be lawful to circumvent this
26limitation on appropriations by governmental reorganization or

 

 

10100SB1814ham001- 72 -LRB101 09785 JWD 61498 a

1other methods.
2    Beginning with fiscal year 2000, total Road Fund
3appropriations to the Secretary of State for the purposes of
4this Section shall not exceed the amounts specified for the
5following fiscal years:
6    Fiscal Year 2000$80,500,000;
7    Fiscal Year 2001$80,500,000;
8    Fiscal Year 2002$80,500,000;
9    Fiscal Year 2003$130,500,000;
10    Fiscal Year 2004$130,500,000;
11    Fiscal Year 2005$130,500,000;
12    Fiscal Year 2006 $130,500,000;
13    Fiscal Year 2007 $130,500,000;
14    Fiscal Year 2008$130,500,000;
15    Fiscal Year 2009 $130,500,000.
16    For fiscal year 2010, no road fund moneys shall be
17appropriated to the Secretary of State.
18    Beginning in fiscal year 2011, moneys in the Road Fund
19shall be appropriated to the Secretary of State for the
20exclusive purpose of paying refunds due to overpayment of fees
21related to Chapter 3 of the Illinois Vehicle Code unless
22otherwise provided for by law.
23    It shall not be lawful to circumvent this limitation on
24appropriations by governmental reorganization or other
25methods.
26    No new program may be initiated in fiscal year 1991 and

 

 

10100SB1814ham001- 73 -LRB101 09785 JWD 61498 a

1thereafter that is not consistent with the limitations imposed
2by this Section for fiscal year 1984 and thereafter, insofar as
3appropriation of Road Fund monies is concerned.
4    Nothing in this Section prohibits transfers from the Road
5Fund to the State Construction Account Fund under Section 5e of
6this Act; nor to the General Revenue Fund, as authorized by
7Public Act 93-25.
8    The additional amounts authorized for expenditure in this
9Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
10shall be repaid to the Road Fund from the General Revenue Fund
11in the next succeeding fiscal year that the General Revenue
12Fund has a positive budgetary balance, as determined by
13generally accepted accounting principles applicable to
14government.
15    The additional amounts authorized for expenditure by the
16Secretary of State and the Department of State Police in this
17Section by Public Act 94-91 shall be repaid to the Road Fund
18from the General Revenue Fund in the next succeeding fiscal
19year that the General Revenue Fund has a positive budgetary
20balance, as determined by generally accepted accounting
21principles applicable to government.
22(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
23100-587, eff. 6-4-18; 100-863, eff.8-14-18.)
 
24    (30 ILCS 105/8g)
25    Sec. 8g. Fund transfers.

 

 

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1    (a) (Blank). In addition to any other transfers that may be
2provided for by law, as soon as may be practical after June 9,
31999 (the effective date of Public Act 91-25), the State
4Comptroller shall direct and the State Treasurer shall transfer
5the sum of $10,000,000 from the General Revenue Fund to the
6Motor Vehicle License Plate Fund created by Public Act 91-37.
7    (b) (Blank). In addition to any other transfers that may be
8provided for by law, as soon as may be practical after June 9,
91999 (the effective date of Public Act 91-25), the State
10Comptroller shall direct and the State Treasurer shall transfer
11the sum of $25,000,000 from the General Revenue Fund to the
12Fund for Illinois' Future created by Public Act 91-38.
13    (c) In addition to any other transfers that may be provided
14for by law, on August 30 of each fiscal year's license period,
15the Illinois Liquor Control Commission shall direct and the
16State Comptroller and State Treasurer shall transfer from the
17General Revenue Fund to the Youth Alcoholism and Substance
18Abuse Prevention Fund an amount equal to the number of retail
19liquor licenses issued for that fiscal year multiplied by $50.
20    (d) The payments to programs required under subsection (d)
21of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
22be made, pursuant to appropriation, from the special funds
23referred to in the statutes cited in that subsection, rather
24than directly from the General Revenue Fund.
25    Beginning January 1, 2000, on the first day of each month,
26or as soon as may be practical thereafter, the State

 

 

10100SB1814ham001- 75 -LRB101 09785 JWD 61498 a

1Comptroller shall direct and the State Treasurer shall transfer
2from the General Revenue Fund to each of the special funds from
3which payments are to be made under subsection (d) of Section
428.1 of the Illinois Horse Racing Act of 1975 an amount equal
5to 1/12 of the annual amount required for those payments from
6that special fund, which annual amount shall not exceed the
7annual amount for those payments from that special fund for the
8calendar year 1998. The special funds to which transfers shall
9be made under this subsection (d) include, but are not
10necessarily limited to, the Agricultural Premium Fund; the
11Metropolitan Exposition, Auditorium and Office Building Fund;
12the Fair and Exposition Fund; the Illinois Standardbred
13Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the
14Illinois Veterans' Rehabilitation Fund. Except for transfers
15attributable to prior fiscal years, during State fiscal year
162018 2020 only, no transfers shall be made from the General
17Revenue Fund to the Agricultural Premium Fund, the Fair and
18Exposition Fund, the Illinois Standardbred Breeders Fund, or
19the Illinois Thoroughbred Breeders Fund.
20    (e) (Blank). In addition to any other transfers that may be
21provided for by law, as soon as may be practical after May 17,
222000 (the effective date of Public Act 91-704), but in no event
23later than June 30, 2000, the State Comptroller shall direct
24and the State Treasurer shall transfer the sum of $15,000,000
25from the General Revenue Fund to the Fund for Illinois' Future.
26    (f) (Blank). In addition to any other transfers that may be

 

 

10100SB1814ham001- 76 -LRB101 09785 JWD 61498 a

1provided for by law, as soon as may be practical after May 17,
22000 (the effective date of Public Act 91-704), but in no event
3later than June 30, 2000, the State Comptroller shall direct
4and the State Treasurer shall transfer the sum of $70,000,000
5from the General Revenue Fund to the Long-Term Care Provider
6Fund.
7    (f-1) (Blank). In fiscal year 2002, in addition to any
8other transfers that may be provided for by law, at the
9direction of and upon notification from the Governor, the State
10Comptroller shall direct and the State Treasurer shall transfer
11amounts not exceeding a total of $160,000,000 from the General
12Revenue Fund to the Long-Term Care Provider Fund.
13    (g) (Blank). In addition to any other transfers that may be
14provided for by law, on July 1, 2001, or as soon thereafter as
15may be practical, the State Comptroller shall direct and the
16State Treasurer shall transfer the sum of $1,200,000 from the
17General Revenue Fund to the Violence Prevention Fund.
18    (h) (Blank). In each of fiscal years 2002 through 2004, but
19not thereafter, in addition to any other transfers that may be
20provided for by law, the State Comptroller shall direct and the
21State Treasurer shall transfer $5,000,000 from the General
22Revenue Fund to the Tourism Promotion Fund.
23    (i) (Blank). On or after July 1, 2001 and until May 1,
242002, in addition to any other transfers that may be provided
25for by law, at the direction of and upon notification from the
26Governor, the State Comptroller shall direct and the State

 

 

10100SB1814ham001- 77 -LRB101 09785 JWD 61498 a

1Treasurer shall transfer amounts not exceeding a total of
2$80,000,000 from the General Revenue Fund to the Tobacco
3Settlement Recovery Fund. Any amounts so transferred shall be
4re-transferred by the State Comptroller and the State Treasurer
5from the Tobacco Settlement Recovery Fund to the General
6Revenue Fund at the direction of and upon notification from the
7Governor, but in any event on or before June 30, 2002.
8    (i-1) (Blank). On or after July 1, 2002 and until May 1,
92003, in addition to any other transfers that may be provided
10for by law, at the direction of and upon notification from the
11Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not exceeding a total of
13$80,000,000 from the General Revenue Fund to the Tobacco
14Settlement Recovery Fund. Any amounts so transferred shall be
15re-transferred by the State Comptroller and the State Treasurer
16from the Tobacco Settlement Recovery Fund to the General
17Revenue Fund at the direction of and upon notification from the
18Governor, but in any event on or before June 30, 2003.
19    (j) (Blank). On or after July 1, 2001 and no later than
20June 30, 2002, in addition to any other transfers that may be
21provided for by law, at the direction of and upon notification
22from the Governor, the State Comptroller shall direct and the
23State Treasurer shall transfer amounts not to exceed the
24following sums into the Statistical Services Revolving Fund:
25    From the General Revenue Fund.................$8,450,000
26    From the Public Utility Fund..................1,700,000

 

 

10100SB1814ham001- 78 -LRB101 09785 JWD 61498 a

1    From the Transportation Regulatory Fund.......2,650,000
2    From the Title III Social Security and
3     Employment Fund...............................3,700,000
4    From the Professions Indirect Cost Fund.......4,050,000
5    From the Underground Storage Tank Fund........550,000
6    From the Agricultural Premium Fund............750,000
7    From the State Pensions Fund..................200,000
8    From the Road Fund............................2,000,000
9    From the Illinois Health Facilities
10     Planning Fund.................................1,000,000
11    From the Savings and Residential Finance
12     Regulatory Fund...............................130,800
13    From the Appraisal Administration Fund........28,600
14    From the Pawnbroker Regulation Fund...........3,600
15    From the Auction Regulation
16     Administration Fund...........................35,800
17    From the Bank and Trust Company Fund..........634,800
18    From the Real Estate License
19     Administration Fund...........................313,600
20    (k) (Blank). In addition to any other transfers that may be
21provided for by law, as soon as may be practical after December
2220, 2001 (the effective date of Public Act 92-505), the State
23Comptroller shall direct and the State Treasurer shall transfer
24the sum of $2,000,000 from the General Revenue Fund to the
25Teachers Health Insurance Security Fund.
26    (k-1) (Blank). In addition to any other transfers that may

 

 

10100SB1814ham001- 79 -LRB101 09785 JWD 61498 a

1be provided for by law, on July 1, 2002, or as soon as may be
2practical thereafter, the State Comptroller shall direct and
3the State Treasurer shall transfer the sum of $2,000,000 from
4the General Revenue Fund to the Teachers Health Insurance
5Security Fund.
6    (k-2) (Blank). In addition to any other transfers that may
7be provided for by law, on July 1, 2003, or as soon as may be
8practical thereafter, the State Comptroller shall direct and
9the State Treasurer shall transfer the sum of $2,000,000 from
10the General Revenue Fund to the Teachers Health Insurance
11Security Fund.
12    (k-3) (Blank). On or after July 1, 2002 and no later than
13June 30, 2003, in addition to any other transfers that may be
14provided for by law, at the direction of and upon notification
15from the Governor, the State Comptroller shall direct and the
16State Treasurer shall transfer amounts not to exceed the
17following sums into the Statistical Services Revolving Fund:
18    Appraisal Administration Fund.................$150,000
19    General Revenue Fund..........................10,440,000
20    Savings and Residential Finance
21        Regulatory Fund...........................200,000
22    State Pensions Fund...........................100,000
23    Bank and Trust Company Fund...................100,000
24    Professions Indirect Cost Fund................3,400,000
25    Public Utility Fund...........................2,081,200
26    Real Estate License Administration Fund.......150,000

 

 

10100SB1814ham001- 80 -LRB101 09785 JWD 61498 a

1    Title III Social Security and
2        Employment Fund...........................1,000,000
3    Transportation Regulatory Fund................3,052,100
4    Underground Storage Tank Fund.................50,000
5    (l) (Blank). In addition to any other transfers that may be
6provided for by law, on July 1, 2002, or as soon as may be
7practical thereafter, the State Comptroller shall direct and
8the State Treasurer shall transfer the sum of $3,000,000 from
9the General Revenue Fund to the Presidential Library and Museum
10Operating Fund.
11    (m) (Blank). In addition to any other transfers that may be
12provided for by law, on July 1, 2002 and on January 8, 2004
13(the effective date of Public Act 93-648), or as soon
14thereafter as may be practical, the State Comptroller shall
15direct and the State Treasurer shall transfer the sum of
16$1,200,000 from the General Revenue Fund to the Violence
17Prevention Fund.
18    (n) (Blank). In addition to any other transfers that may be
19provided for by law, on July 1, 2003, or as soon thereafter as
20may be practical, the State Comptroller shall direct and the
21State Treasurer shall transfer the sum of $6,800,000 from the
22General Revenue Fund to the DHS Recoveries Trust Fund.
23    (o) (Blank). On or after July 1, 2003, and no later than
24June 30, 2004, in addition to any other transfers that may be
25provided for by law, at the direction of and upon notification
26from the Governor, the State Comptroller shall direct and the

 

 

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1State Treasurer shall transfer amounts not to exceed the
2following sums into the Vehicle Inspection Fund:
3    From the Underground Storage Tank Fund .......$35,000,000.
4    (p) (Blank). On or after July 1, 2003 and until May 1,
52004, in addition to any other transfers that may be provided
6for by law, at the direction of and upon notification from the
7Governor, the State Comptroller shall direct and the State
8Treasurer shall transfer amounts not exceeding a total of
9$80,000,000 from the General Revenue Fund to the Tobacco
10Settlement Recovery Fund. Any amounts so transferred shall be
11re-transferred from the Tobacco Settlement Recovery Fund to the
12General Revenue Fund at the direction of and upon notification
13from the Governor, but in any event on or before June 30, 2004.
14    (q) (Blank). In addition to any other transfers that may be
15provided for by law, on July 1, 2003, or as soon as may be
16practical thereafter, the State Comptroller shall direct and
17the State Treasurer shall transfer the sum of $5,000,000 from
18the General Revenue Fund to the Illinois Military Family Relief
19Fund.
20    (r) (Blank). In addition to any other transfers that may be
21provided for by law, on July 1, 2003, or as soon as may be
22practical thereafter, the State Comptroller shall direct and
23the State Treasurer shall transfer the sum of $1,922,000 from
24the General Revenue Fund to the Presidential Library and Museum
25Operating Fund.
26    (s) (Blank). In addition to any other transfers that may be

 

 

10100SB1814ham001- 82 -LRB101 09785 JWD 61498 a

1provided for by law, on or after July 1, 2003, the State
2Comptroller shall direct and the State Treasurer shall transfer
3the sum of $4,800,000 from the Statewide Economic Development
4Fund to the General Revenue Fund.
5    (t) (Blank). In addition to any other transfers that may be
6provided for by law, on or after July 1, 2003, the State
7Comptroller shall direct and the State Treasurer shall transfer
8the sum of $50,000,000 from the General Revenue Fund to the
9Budget Stabilization Fund.
10    (u) (Blank). On or after July 1, 2004 and until May 1,
112005, in addition to any other transfers that may be provided
12for by law, at the direction of and upon notification from the
13Governor, the State Comptroller shall direct and the State
14Treasurer shall transfer amounts not exceeding a total of
15$80,000,000 from the General Revenue Fund to the Tobacco
16Settlement Recovery Fund. Any amounts so transferred shall be
17retransferred by the State Comptroller and the State Treasurer
18from the Tobacco Settlement Recovery Fund to the General
19Revenue Fund at the direction of and upon notification from the
20Governor, but in any event on or before June 30, 2005.
21    (v) (Blank). In addition to any other transfers that may be
22provided for by law, on July 1, 2004, or as soon thereafter as
23may be practical, the State Comptroller shall direct and the
24State Treasurer shall transfer the sum of $1,200,000 from the
25General Revenue Fund to the Violence Prevention Fund.
26    (w) (Blank). In addition to any other transfers that may be

 

 

10100SB1814ham001- 83 -LRB101 09785 JWD 61498 a

1provided for by law, on July 1, 2004, or as soon thereafter as
2may be practical, the State Comptroller shall direct and the
3State Treasurer shall transfer the sum of $6,445,000 from the
4General Revenue Fund to the Presidential Library and Museum
5Operating Fund.
6    (x) (Blank). In addition to any other transfers that may be
7provided for by law, on January 15, 2005, or as soon thereafter
8as may be practical, the State Comptroller shall direct and the
9State Treasurer shall transfer to the General Revenue Fund the
10following sums:
11        From the State Crime Laboratory Fund, $200,000;
12        From the State Police Wireless Service Emergency Fund,
13    $200,000;
14        From the State Offender DNA Identification System
15    Fund, $800,000; and
16        From the State Police Whistleblower Reward and
17    Protection Fund, $500,000.
18    (y) (Blank). Notwithstanding any other provision of law to
19the contrary, in addition to any other transfers that may be
20provided for by law on June 30, 2005, or as soon as may be
21practical thereafter, the State Comptroller shall direct and
22the State Treasurer shall transfer the remaining balance from
23the designated funds into the General Revenue Fund and any
24future deposits that would otherwise be made into these funds
25must instead be made into the General Revenue Fund:
26        (1) the Keep Illinois Beautiful Fund;

 

 

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1        (2) the Metropolitan Fair and Exposition Authority
2    Reconstruction Fund;
3        (3) the New Technology Recovery Fund;
4        (4) the Illinois Rural Bond Bank Trust Fund;
5        (5) the ISBE School Bus Driver Permit Fund;
6        (6) the Solid Waste Management Revolving Loan Fund;
7        (7) the State Postsecondary Review Program Fund;
8        (8) the Tourism Attraction Development Matching Grant
9    Fund;
10        (9) the Patent and Copyright Fund;
11        (10) the Credit Enhancement Development Fund;
12        (11) the Community Mental Health and Developmental
13    Disabilities Services Provider Participation Fee Trust
14    Fund;
15        (12) the Nursing Home Grant Assistance Fund;
16        (13) the By-product Material Safety Fund;
17        (14) the Illinois Student Assistance Commission Higher
18    EdNet Fund;
19        (15) the DORS State Project Fund;
20        (16) the School Technology Revolving Fund;
21        (17) the Energy Assistance Contribution Fund;
22        (18) the Illinois Building Commission Revolving Fund;
23        (19) the Illinois Aquaculture Development Fund;
24        (20) the Homelessness Prevention Fund;
25        (21) the DCFS Refugee Assistance Fund;
26        (22) the Illinois Century Network Special Purposes

 

 

10100SB1814ham001- 85 -LRB101 09785 JWD 61498 a

1    Fund; and
2        (23) the Build Illinois Purposes Fund.
3    (z) (Blank). In addition to any other transfers that may be
4provided for by law, on July 1, 2005, or as soon as may be
5practical thereafter, the State Comptroller shall direct and
6the State Treasurer shall transfer the sum of $1,200,000 from
7the General Revenue Fund to the Violence Prevention Fund.
8    (aa) (Blank). In addition to any other transfers that may
9be provided for by law, on July 1, 2005, or as soon as may be
10practical thereafter, the State Comptroller shall direct and
11the State Treasurer shall transfer the sum of $9,000,000 from
12the General Revenue Fund to the Presidential Library and Museum
13Operating Fund.
14    (bb) (Blank). In addition to any other transfers that may
15be provided for by law, on July 1, 2005, or as soon as may be
16practical thereafter, the State Comptroller shall direct and
17the State Treasurer shall transfer the sum of $6,803,600 from
18the General Revenue Fund to the Securities Audit and
19Enforcement Fund.
20    (cc) (Blank). In addition to any other transfers that may
21be provided for by law, on or after July 1, 2005 and until May
221, 2006, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts not exceeding a total of
25$80,000,000 from the General Revenue Fund to the Tobacco
26Settlement Recovery Fund. Any amounts so transferred shall be

 

 

10100SB1814ham001- 86 -LRB101 09785 JWD 61498 a

1re-transferred by the State Comptroller and the State Treasurer
2from the Tobacco Settlement Recovery Fund to the General
3Revenue Fund at the direction of and upon notification from the
4Governor, but in any event on or before June 30, 2006.
5    (dd) (Blank). In addition to any other transfers that may
6be provided for by law, on April 1, 2005, or as soon thereafter
7as may be practical, at the direction of the Director of Public
8Aid (now Director of Healthcare and Family Services), the State
9Comptroller shall direct and the State Treasurer shall transfer
10from the Public Aid Recoveries Trust Fund amounts not to exceed
11$14,000,000 to the Community Mental Health Medicaid Trust Fund.
12    (ee) (Blank). Notwithstanding any other provision of law,
13on July 1, 2006, or as soon thereafter as practical, the State
14Comptroller shall direct and the State Treasurer shall transfer
15the remaining balance from the Illinois Civic Center Bond Fund
16to the Illinois Civic Center Bond Retirement and Interest Fund.
17    (ff) (Blank). In addition to any other transfers that may
18be provided for by law, on and after July 1, 2006 and until
19June 30, 2007, at the direction of and upon notification from
20the Director of the Governor's Office of Management and Budget,
21the State Comptroller shall direct and the State Treasurer
22shall transfer amounts not exceeding a total of $1,900,000 from
23the General Revenue Fund to the Illinois Capital Revolving Loan
24Fund.
25    (gg) (Blank). In addition to any other transfers that may
26be provided for by law, on and after July 1, 2006 and until May

 

 

10100SB1814ham001- 87 -LRB101 09785 JWD 61498 a

11, 2007, at the direction of and upon notification from the
2Governor, the State Comptroller shall direct and the State
3Treasurer shall transfer amounts not exceeding a total of
4$80,000,000 from the General Revenue Fund to the Tobacco
5Settlement Recovery Fund. Any amounts so transferred shall be
6retransferred by the State Comptroller and the State Treasurer
7from the Tobacco Settlement Recovery Fund to the General
8Revenue Fund at the direction of and upon notification from the
9Governor, but in any event on or before June 30, 2007.
10    (hh) (Blank). In addition to any other transfers that may
11be provided for by law, on and after July 1, 2006 and until
12June 30, 2007, at the direction of and upon notification from
13the Governor, the State Comptroller shall direct and the State
14Treasurer shall transfer amounts from the Illinois Affordable
15Housing Trust Fund to the designated funds not exceeding the
16following amounts:
17    DCFS Children's Services Fund..................$2,200,000
18    Department of Corrections Reimbursement
19        and Education Fund.........................$1,500,000
20    Supplemental Low-Income Energy
21        Assistance Fund...............................$75,000
22    (ii) (Blank). In addition to any other transfers that may
23be provided for by law, on or before August 31, 2006, the
24Governor and the State Comptroller may agree to transfer the
25surplus cash balance from the General Revenue Fund to the
26Budget Stabilization Fund and the Pension Stabilization Fund in

 

 

10100SB1814ham001- 88 -LRB101 09785 JWD 61498 a

1equal proportions. The determination of the amount of the
2surplus cash balance shall be made by the Governor, with the
3concurrence of the State Comptroller, after taking into account
4the June 30, 2006 balances in the general funds and the actual
5or estimated spending from the general funds during the lapse
6period. Notwithstanding the foregoing, the maximum amount that
7may be transferred under this subsection (ii) is $50,000,000.
8    (jj) (Blank). In addition to any other transfers that may
9be provided for by law, on July 1, 2006, or as soon thereafter
10as practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $8,250,000 from the General
12Revenue Fund to the Presidential Library and Museum Operating
13Fund.
14    (kk) (Blank). In addition to any other transfers that may
15be provided for by law, on July 1, 2006, or as soon thereafter
16as practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $1,400,000 from the General
18Revenue Fund to the Violence Prevention Fund.
19    (ll) (Blank). In addition to any other transfers that may
20be provided for by law, on the first day of each calendar
21quarter of the fiscal year beginning July 1, 2006, or as soon
22thereafter as practical, the State Comptroller shall direct and
23the State Treasurer shall transfer from the General Revenue
24Fund amounts equal to one-fourth of $20,000,000 to the
25Renewable Energy Resources Trust Fund.
26    (mm) (Blank). In addition to any other transfers that may

 

 

10100SB1814ham001- 89 -LRB101 09785 JWD 61498 a

1be provided for by law, on July 1, 2006, or as soon thereafter
2as practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $1,320,000 from the General
4Revenue Fund to the I-FLY Fund.
5    (nn) (Blank). In addition to any other transfers that may
6be provided for by law, on July 1, 2006, or as soon thereafter
7as practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $3,000,000 from the General
9Revenue Fund to the African-American HIV/AIDS Response Fund.
10    (oo) (Blank). In addition to any other transfers that may
11be provided for by law, on and after July 1, 2006 and until
12June 30, 2007, at the direction of and upon notification from
13the Governor, the State Comptroller shall direct and the State
14Treasurer shall transfer amounts identified as net receipts
15from the sale of all or part of the Illinois Student Assistance
16Commission loan portfolio from the Student Loan Operating Fund
17to the General Revenue Fund. The maximum amount that may be
18transferred pursuant to this Section is $38,800,000. In
19addition, no transfer may be made pursuant to this Section that
20would have the effect of reducing the available balance in the
21Student Loan Operating Fund to an amount less than the amount
22remaining unexpended and unreserved from the total
23appropriations from the Fund estimated to be expended for the
24fiscal year. The State Treasurer and Comptroller shall transfer
25the amounts designated under this Section as soon as may be
26practical after receiving the direction to transfer from the

 

 

10100SB1814ham001- 90 -LRB101 09785 JWD 61498 a

1Governor.
2    (pp) (Blank). In addition to any other transfers that may
3be provided for by law, on July 1, 2006, or as soon thereafter
4as practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $2,000,000 from the General
6Revenue Fund to the Illinois Veterans Assistance Fund.
7    (qq) (Blank). In addition to any other transfers that may
8be provided for by law, on and after July 1, 2007 and until May
91, 2008, at the direction of and upon notification from the
10Governor, the State Comptroller shall direct and the State
11Treasurer shall transfer amounts not exceeding a total of
12$80,000,000 from the General Revenue Fund to the Tobacco
13Settlement Recovery Fund. Any amounts so transferred shall be
14retransferred by the State Comptroller and the State Treasurer
15from the Tobacco Settlement Recovery Fund to the General
16Revenue Fund at the direction of and upon notification from the
17Governor, but in any event on or before June 30, 2008.
18    (rr) (Blank). In addition to any other transfers that may
19be provided for by law, on and after July 1, 2007 and until
20June 30, 2008, at the direction of and upon notification from
21the Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts from the Illinois Affordable
23Housing Trust Fund to the designated funds not exceeding the
24following amounts:
25    DCFS Children's Services Fund..................$2,200,000
26    Department of Corrections Reimbursement

 

 

10100SB1814ham001- 91 -LRB101 09785 JWD 61498 a

1        and Education Fund.........................$1,500,000
2    Supplemental Low-Income Energy
3        Assistance Fund...............................$75,000
4    (ss) (Blank). In addition to any other transfers that may
5be provided for by law, on July 1, 2007, or as soon thereafter
6as practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $8,250,000 from the General
8Revenue Fund to the Presidential Library and Museum Operating
9Fund.
10    (tt) (Blank). In addition to any other transfers that may
11be provided for by law, on July 1, 2007, or as soon thereafter
12as practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $1,400,000 from the General
14Revenue Fund to the Violence Prevention Fund.
15    (uu) (Blank). In addition to any other transfers that may
16be provided for by law, on July 1, 2007, or as soon thereafter
17as practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $1,320,000 from the General
19Revenue Fund to the I-FLY Fund.
20    (vv) (Blank). In addition to any other transfers that may
21be provided for by law, on July 1, 2007, or as soon thereafter
22as practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $3,000,000 from the General
24Revenue Fund to the African-American HIV/AIDS Response Fund.
25    (ww) (Blank). In addition to any other transfers that may
26be provided for by law, on July 1, 2007, or as soon thereafter

 

 

10100SB1814ham001- 92 -LRB101 09785 JWD 61498 a

1as practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $3,500,000 from the General
3Revenue Fund to the Predatory Lending Database Program Fund.
4    (xx) (Blank). In addition to any other transfers that may
5be provided for by law, on July 1, 2007, or as soon thereafter
6as practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $5,000,000 from the General
8Revenue Fund to the Digital Divide Elimination Fund.
9    (yy) (Blank). In addition to any other transfers that may
10be provided for by law, on July 1, 2007, or as soon thereafter
11as practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $4,000,000 from the General
13Revenue Fund to the Digital Divide Elimination Infrastructure
14Fund.
15    (zz) (Blank). In addition to any other transfers that may
16be provided for by law, on July 1, 2008, or as soon thereafter
17as practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $5,000,000 from the General
19Revenue Fund to the Digital Divide Elimination Fund.
20    (aaa) (Blank). In addition to any other transfers that may
21be provided for by law, on and after July 1, 2008 and until May
221, 2009, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts not exceeding a total of
25$80,000,000 from the General Revenue Fund to the Tobacco
26Settlement Recovery Fund. Any amounts so transferred shall be

 

 

10100SB1814ham001- 93 -LRB101 09785 JWD 61498 a

1retransferred by the State Comptroller and the State Treasurer
2from the Tobacco Settlement Recovery Fund to the General
3Revenue Fund at the direction of and upon notification from the
4Governor, but in any event on or before June 30, 2009.
5    (bbb) (Blank). In addition to any other transfers that may
6be provided for by law, on and after July 1, 2008 and until
7June 30, 2009, at the direction of and upon notification from
8the Governor, the State Comptroller shall direct and the State
9Treasurer shall transfer amounts from the Illinois Affordable
10Housing Trust Fund to the designated funds not exceeding the
11following amounts:
12        DCFS Children's Services Fund..............$2,200,000
13        Department of Corrections Reimbursement
14        and Education Fund.........................$1,500,000
15        Supplemental Low-Income Energy
16        Assistance Fund...............................$75,000
17    (ccc) (Blank). In addition to any other transfers that may
18be provided for by law, on July 1, 2008, or as soon thereafter
19as practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $7,450,000 from the General
21Revenue Fund to the Presidential Library and Museum Operating
22Fund.
23    (ddd) (Blank). In addition to any other transfers that may
24be provided for by law, on July 1, 2008, or as soon thereafter
25as practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $1,400,000 from the General

 

 

10100SB1814ham001- 94 -LRB101 09785 JWD 61498 a

1Revenue Fund to the Violence Prevention Fund.
2    (eee) (Blank). In addition to any other transfers that may
3be provided for by law, on July 1, 2009, or as soon thereafter
4as practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $5,000,000 from the General
6Revenue Fund to the Digital Divide Elimination Fund.
7    (fff) (Blank). In addition to any other transfers that may
8be provided for by law, on and after July 1, 2009 and until May
91, 2010, at the direction of and upon notification from the
10Governor, the State Comptroller shall direct and the State
11Treasurer shall transfer amounts not exceeding a total of
12$80,000,000 from the General Revenue Fund to the Tobacco
13Settlement Recovery Fund. Any amounts so transferred shall be
14retransferred by the State Comptroller and the State Treasurer
15from the Tobacco Settlement Recovery Fund to the General
16Revenue Fund at the direction of and upon notification from the
17Governor, but in any event on or before June 30, 2010.
18    (ggg) (Blank). In addition to any other transfers that may
19be provided for by law, on July 1, 2009, or as soon thereafter
20as practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $7,450,000 from the General
22Revenue Fund to the Presidential Library and Museum Operating
23Fund.
24    (hhh) (Blank). In addition to any other transfers that may
25be provided for by law, on July 1, 2009, or as soon thereafter
26as practical, the State Comptroller shall direct and the State

 

 

10100SB1814ham001- 95 -LRB101 09785 JWD 61498 a

1Treasurer shall transfer the sum of $1,400,000 from the General
2Revenue Fund to the Violence Prevention Fund.
3    (iii) (Blank). In addition to any other transfers that may
4be provided for by law, on July 1, 2009, or as soon thereafter
5as practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $100,000 from the General
7Revenue Fund to the Heartsaver AED Fund.
8    (jjj) (Blank). In addition to any other transfers that may
9be provided for by law, on and after July 1, 2009 and until
10June 30, 2010, at the direction of and upon notification from
11the Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not exceeding a total of
13$17,000,000 from the General Revenue Fund to the DCFS
14Children's Services Fund.
15    (lll) (Blank). In addition to any other transfers that may
16be provided for by law, on July 1, 2009, or as soon thereafter
17as practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $5,000,000 from the General
19Revenue Fund to the Communications Revolving Fund.
20    (mmm) (Blank). In addition to any other transfers that may
21be provided for by law, on July 1, 2009, or as soon thereafter
22as practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $9,700,000 from the General
24Revenue Fund to the Senior Citizens Real Estate Deferred Tax
25Revolving Fund.
26    (nnn) (Blank). In addition to any other transfers that may

 

 

10100SB1814ham001- 96 -LRB101 09785 JWD 61498 a

1be provided for by law, on July 1, 2009, or as soon thereafter
2as practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $565,000 from the FY09
4Budget Relief Fund to the Horse Racing Fund.
5    (ooo) (Blank). In addition to any other transfers that may
6be provided by law, on July 1, 2009, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $600,000 from the General
9Revenue Fund to the Temporary Relocation Expenses Revolving
10Fund.
11    (ppp) (Blank). In addition to any other transfers that may
12be provided for by law, on July 1, 2010, or as soon thereafter
13as practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $5,000,000 from the General
15Revenue Fund to the Digital Divide Elimination Fund.
16    (qqq) (Blank). In addition to any other transfers that may
17be provided for by law, on and after July 1, 2010 and until May
181, 2011, at the direction of and upon notification from the
19Governor, the State Comptroller shall direct and the State
20Treasurer shall transfer amounts not exceeding a total of
21$80,000,000 from the General Revenue Fund to the Tobacco
22Settlement Recovery Fund. Any amounts so transferred shall be
23retransferred by the State Comptroller and the State Treasurer
24from the Tobacco Settlement Recovery Fund to the General
25Revenue Fund at the direction of and upon notification from the
26Governor, but in any event on or before June 30, 2011.

 

 

10100SB1814ham001- 97 -LRB101 09785 JWD 61498 a

1    (rrr) (Blank). In addition to any other transfers that may
2be provided for by law, on July 1, 2010, or as soon thereafter
3as practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $6,675,000 from the General
5Revenue Fund to the Presidential Library and Museum Operating
6Fund.
7    (sss) (Blank). In addition to any other transfers that may
8be provided for by law, on July 1, 2010, or as soon thereafter
9as practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $1,400,000 from the General
11Revenue Fund to the Violence Prevention Fund.
12    (ttt) (Blank). In addition to any other transfers that may
13be provided for by law, on July 1, 2010, or as soon thereafter
14as practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $100,000 from the General
16Revenue Fund to the Heartsaver AED Fund.
17    (uuu) (Blank). In addition to any other transfers that may
18be provided for by law, on July 1, 2010, or as soon thereafter
19as practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $5,000,000 from the General
21Revenue Fund to the Communications Revolving Fund.
22    (vvv) (Blank). In addition to any other transfers that may
23be provided for by law, on July 1, 2010, or as soon thereafter
24as practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $3,000,000 from the General
26Revenue Fund to the Illinois Capital Revolving Loan Fund.

 

 

10100SB1814ham001- 98 -LRB101 09785 JWD 61498 a

1    (www) (Blank). In addition to any other transfers that may
2be provided for by law, on July 1, 2010, or as soon thereafter
3as practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $17,000,000 from the
5General Revenue Fund to the DCFS Children's Services Fund.
6    (xxx) (Blank). In addition to any other transfers that may
7be provided for by law, on July 1, 2010, or as soon thereafter
8as practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $2,000,000 from the Digital
10Divide Elimination Infrastructure Fund, of which $1,000,000
11shall go to the Workforce, Technology, and Economic Development
12Fund and $1,000,000 to the Public Utility Fund.
13    (yyy) (Blank). In addition to any other transfers that may
14be provided for by law, on and after July 1, 2011 and until May
151, 2012, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts not exceeding a total of
18$80,000,000 from the General Revenue Fund to the Tobacco
19Settlement Recovery Fund. Any amounts so transferred shall be
20retransferred by the State Comptroller and the State Treasurer
21from the Tobacco Settlement Recovery Fund to the General
22Revenue Fund at the direction of and upon notification from the
23Governor, but in any event on or before June 30, 2012.
24    (zzz) (Blank). In addition to any other transfers that may
25be provided for by law, on July 1, 2011, or as soon thereafter
26as practical, the State Comptroller shall direct and the State

 

 

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1Treasurer shall transfer the sum of $1,000,000 from the General
2Revenue Fund to the Illinois Veterans Assistance Fund.
3    (aaaa) (Blank). In addition to any other transfers that may
4be provided for by law, on July 1, 2011, or as soon thereafter
5as practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $8,000,000 from the General
7Revenue Fund to the Presidential Library and Museum Operating
8Fund.
9    (bbbb) (Blank). In addition to any other transfers that may
10be provided for by law, on July 1, 2011, or as soon thereafter
11as practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $1,400,000 from the General
13Revenue Fund to the Violence Prevention Fund.
14    (cccc) (Blank). In addition to any other transfers that may
15be provided for by law, on July 1, 2011, or as soon thereafter
16as practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $14,100,000 from the
18General Revenue Fund to the State Garage Revolving Fund.
19    (dddd) (Blank). In addition to any other transfers that may
20be provided for by law, on July 1, 2011, or as soon thereafter
21as practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $4,000,000 from the General
23Revenue Fund to the Digital Divide Elimination Fund.
24    (eeee) (Blank). In addition to any other transfers that may
25be provided for by law, on July 1, 2011, or as soon thereafter
26as practical, the State Comptroller shall direct and the State

 

 

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1Treasurer shall transfer the sum of $500,000 from the General
2Revenue Fund to the Senior Citizens Real Estate Deferred Tax
3Revolving Fund.
4(Source: P.A. 99-933, eff. 1-27-17; 100-23, eff. 7-6-17;
5100-201, eff. 8-18-17; 100-863, eff. 8-14-18.)
 
6    (30 ILCS 105/8g-1)
7    Sec. 8g-1. Fund transfers.
8    (a) (Blank).
9    (b) (Blank).
10    (c) (Blank).
11    (d) (Blank).
12    (e) (Blank).
13    (f) (Blank).
14    (g) (Blank).
15    (h) (Blank).
16    (i) (Blank).
17    (j) (Blank).
18    (k) (Blank). In addition to any other transfers that may be
19provided for by law, on July 1, 2017, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $500,000 from the General
22Revenue Fund to the Grant Accountability and Transparency Fund.
23    (l) (Blank). In addition to any other transfers that may be
24provided for by law, on July 1, 2018, or as soon thereafter as
25practical, the State Comptroller shall direct and the State

 

 

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1Treasurer shall transfer the sum of $800,000 from the General
2Revenue Fund to the Grant Accountability and Transparency Fund.
3    (m) (Blank). In addition to any other transfers that may be
4provided for by law, on July 1, 2018, or as soon thereafter as
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $650,000 from the Capital
7Development Board Contributory Trust Fund to the Facility
8Management Revolving Fund.
9    (m) In addition to any other transfers that may be provided
10for by law, on July 1, 2018, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $2,750,000 from the Capital
13Development Board Contributory Trust Fund to the U.S.
14Environmental Protection Fund.
15    (n) In addition to any other transfers that may be provided
16for by law, on July 1, 2019, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $800,000 from the General
19Revenue Fund to the Grant Accountability and Transparency Fund.
20    (o) In addition to any other transfers that may be provided
21for by law, on July 1, 2019, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $60,000,000 from the
24Tourism Promotion Fund to the General Revenue Fund.
25    (p) In addition to any other transfers that may be provided
26for by law, on July 1, 2019, or as soon thereafter as

 

 

10100SB1814ham001- 102 -LRB101 09785 JWD 61498 a

1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer amounts from the State Police
3Whistleblower Reward and Protection Fund to the designated fund
4not exceeding the following amount:
5    Firearm Dealer License Certification Fund......$5,000,000
6    (q) In addition to any other transfers that may be provided
7for by law, on July 1, 2019, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $500,000 from the General
10Revenue Fund to the Governor's Administrative Fund.
11(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
12    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
13    Sec. 13.2. Transfers among line item appropriations.
14    (a) Transfers among line item appropriations from the same
15treasury fund for the objects specified in this Section may be
16made in the manner provided in this Section when the balance
17remaining in one or more such line item appropriations is
18insufficient for the purpose for which the appropriation was
19made.
20    (a-1) No transfers may be made from one agency to another
21agency, nor may transfers be made from one institution of
22higher education to another institution of higher education
23except as provided by subsection (a-4).
24    (a-2) Except as otherwise provided in this Section,
25transfers may be made only among the objects of expenditure

 

 

10100SB1814ham001- 103 -LRB101 09785 JWD 61498 a

1enumerated in this Section, except that no funds may be
2transferred from any appropriation for personal services, from
3any appropriation for State contributions to the State
4Employees' Retirement System, from any separate appropriation
5for employee retirement contributions paid by the employer, nor
6from any appropriation for State contribution for employee
7group insurance. During State fiscal year 2005, an agency may
8transfer amounts among its appropriations within the same
9treasury fund for personal services, employee retirement
10contributions paid by employer, and State Contributions to
11retirement systems; notwithstanding and in addition to the
12transfers authorized in subsection (c) of this Section, the
13fiscal year 2005 transfers authorized in this sentence may be
14made in an amount not to exceed 2% of the aggregate amount
15appropriated to an agency within the same treasury fund. During
16State fiscal year 2007, the Departments of Children and Family
17Services, Corrections, Human Services, and Juvenile Justice
18may transfer amounts among their respective appropriations
19within the same treasury fund for personal services, employee
20retirement contributions paid by employer, and State
21contributions to retirement systems. During State fiscal year
222010, the Department of Transportation may transfer amounts
23among their respective appropriations within the same treasury
24fund for personal services, employee retirement contributions
25paid by employer, and State contributions to retirement
26systems. During State fiscal years 2010 and 2014 only, an

 

 

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1agency may transfer amounts among its respective
2appropriations within the same treasury fund for personal
3services, employee retirement contributions paid by employer,
4and State contributions to retirement systems.
5Notwithstanding, and in addition to, the transfers authorized
6in subsection (c) of this Section, these transfers may be made
7in an amount not to exceed 2% of the aggregate amount
8appropriated to an agency within the same treasury fund.
9    (a-2.5) (Blank). During State fiscal year 2015 only, the
10State's Attorneys Appellate Prosecutor may transfer amounts
11among its respective appropriations contained in operational
12line items within the same treasury fund. Notwithstanding, and
13in addition to, the transfers authorized in subsection (c) of
14this Section, these transfers may be made in an amount not to
15exceed 4% of the aggregate amount appropriated to the State's
16Attorneys Appellate Prosecutor within the same treasury fund.
17    (a-3) Further, if an agency receives a separate
18appropriation for employee retirement contributions paid by
19the employer, any transfer by that agency into an appropriation
20for personal services must be accompanied by a corresponding
21transfer into the appropriation for employee retirement
22contributions paid by the employer, in an amount sufficient to
23meet the employer share of the employee contributions required
24to be remitted to the retirement system.
25    (a-4) Long-Term Care Rebalancing. The Governor may
26designate amounts set aside for institutional services

 

 

10100SB1814ham001- 105 -LRB101 09785 JWD 61498 a

1appropriated from the General Revenue Fund or any other State
2fund that receives monies for long-term care services to be
3transferred to all State agencies responsible for the
4administration of community-based long-term care programs,
5including, but not limited to, community-based long-term care
6programs administered by the Department of Healthcare and
7Family Services, the Department of Human Services, and the
8Department on Aging, provided that the Director of Healthcare
9and Family Services first certifies that the amounts being
10transferred are necessary for the purpose of assisting persons
11in or at risk of being in institutional care to transition to
12community-based settings, including the financial data needed
13to prove the need for the transfer of funds. The total amounts
14transferred shall not exceed 4% in total of the amounts
15appropriated from the General Revenue Fund or any other State
16fund that receives monies for long-term care services for each
17fiscal year. A notice of the fund transfer must be made to the
18General Assembly and posted at a minimum on the Department of
19Healthcare and Family Services website, the Governor's Office
20of Management and Budget website, and any other website the
21Governor sees fit. These postings shall serve as notice to the
22General Assembly of the amounts to be transferred. Notice shall
23be given at least 30 days prior to transfer.
24    (b) In addition to the general transfer authority provided
25under subsection (c), the following agencies have the specific
26transfer authority granted in this subsection:

 

 

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1    The Department of Healthcare and Family Services is
2authorized to make transfers representing savings attributable
3to not increasing grants due to the births of additional
4children from line items for payments of cash grants to line
5items for payments for employment and social services for the
6purposes outlined in subsection (f) of Section 4-2 of the
7Illinois Public Aid Code.
8    The Department of Children and Family Services is
9authorized to make transfers not exceeding 2% of the aggregate
10amount appropriated to it within the same treasury fund for the
11following line items among these same line items: Foster Home
12and Specialized Foster Care and Prevention, Institutions and
13Group Homes and Prevention, and Purchase of Adoption and
14Guardianship Services.
15    The Department on Aging is authorized to make transfers not
16exceeding 2% of the aggregate amount appropriated to it within
17the same treasury fund for the following Community Care Program
18line items among these same line items: purchase of services
19covered by the Community Care Program and Comprehensive Case
20Coordination.
21    The State Treasurer is authorized to make transfers among
22line item appropriations from the Capital Litigation Trust
23Fund, with respect to costs incurred in fiscal years 2002 and
242003 only, when the balance remaining in one or more such line
25item appropriations is insufficient for the purpose for which
26the appropriation was made, provided that no such transfer may

 

 

10100SB1814ham001- 107 -LRB101 09785 JWD 61498 a

1be made unless the amount transferred is no longer required for
2the purpose for which that appropriation was made.
3    The State Board of Education is authorized to make
4transfers from line item appropriations within the same
5treasury fund for General State Aid, General State Aid - Hold
6Harmless, and Evidence-Based Funding, provided that no such
7transfer may be made unless the amount transferred is no longer
8required for the purpose for which that appropriation was made,
9to the line item appropriation for Transitional Assistance when
10the balance remaining in such line item appropriation is
11insufficient for the purpose for which the appropriation was
12made.
13    The State Board of Education is authorized to make
14transfers between the following line item appropriations
15within the same treasury fund: Disabled Student
16Services/Materials (Section 14-13.01 of the School Code),
17Disabled Student Transportation Reimbursement (Section
1814-13.01 of the School Code), Disabled Student Tuition -
19Private Tuition (Section 14-7.02 of the School Code),
20Extraordinary Special Education (Section 14-7.02b of the
21School Code), Reimbursement for Free Lunch/Breakfast Program,
22Summer School Payments (Section 18-4.3 of the School Code), and
23Transportation - Regular/Vocational Reimbursement (Section
2429-5 of the School Code). Such transfers shall be made only
25when the balance remaining in one or more such line item
26appropriations is insufficient for the purpose for which the

 

 

10100SB1814ham001- 108 -LRB101 09785 JWD 61498 a

1appropriation was made and provided that no such transfer may
2be made unless the amount transferred is no longer required for
3the purpose for which that appropriation was made.
4    The Department of Healthcare and Family Services is
5authorized to make transfers not exceeding 4% of the aggregate
6amount appropriated to it, within the same treasury fund, among
7the various line items appropriated for Medical Assistance.
8    (c) The sum of such transfers for an agency in a fiscal
9year shall not exceed 2% of the aggregate amount appropriated
10to it within the same treasury fund for the following objects:
11Personal Services; Extra Help; Student and Inmate
12Compensation; State Contributions to Retirement Systems; State
13Contributions to Social Security; State Contribution for
14Employee Group Insurance; Contractual Services; Travel;
15Commodities; Printing; Equipment; Electronic Data Processing;
16Operation of Automotive Equipment; Telecommunications
17Services; Travel and Allowance for Committed, Paroled and
18Discharged Prisoners; Library Books; Federal Matching Grants
19for Student Loans; Refunds; Workers' Compensation,
20Occupational Disease, and Tort Claims; Late Interest Penalties
21under the State Prompt Payment Act and Sections 368a and 370a
22of the Illinois Insurance Code; and, in appropriations to
23institutions of higher education, Awards and Grants.
24Notwithstanding the above, any amounts appropriated for
25payment of workers' compensation claims to an agency to which
26the authority to evaluate, administer and pay such claims has

 

 

10100SB1814ham001- 109 -LRB101 09785 JWD 61498 a

1been delegated by the Department of Central Management Services
2may be transferred to any other expenditure object where such
3amounts exceed the amount necessary for the payment of such
4claims.
5    (c-1) (Blank). Special provisions for State fiscal year
62003. Notwithstanding any other provision of this Section to
7the contrary, for State fiscal year 2003 only, transfers among
8line item appropriations to an agency from the same treasury
9fund may be made provided that the sum of such transfers for an
10agency in State fiscal year 2003 shall not exceed 3% of the
11aggregate amount appropriated to that State agency for State
12fiscal year 2003 for the following objects: personal services,
13except that no transfer may be approved which reduces the
14aggregate appropriations for personal services within an
15agency; extra help; student and inmate compensation; State
16contributions to retirement systems; State contributions to
17social security; State contributions for employee group
18insurance; contractual services; travel; commodities;
19printing; equipment; electronic data processing; operation of
20automotive equipment; telecommunications services; travel and
21allowance for committed, paroled, and discharged prisoners;
22library books; federal matching grants for student loans;
23refunds; workers' compensation, occupational disease, and tort
24claims; and, in appropriations to institutions of higher
25education, awards and grants.
26    (c-2) (Blank). Special provisions for State fiscal year

 

 

10100SB1814ham001- 110 -LRB101 09785 JWD 61498 a

12005. Notwithstanding subsections (a), (a-2), and (c), for
2State fiscal year 2005 only, transfers may be made among any
3line item appropriations from the same or any other treasury
4fund for any objects or purposes, without limitation, when the
5balance remaining in one or more such line item appropriations
6is insufficient for the purpose for which the appropriation was
7made, provided that the sum of those transfers by a State
8agency shall not exceed 4% of the aggregate amount appropriated
9to that State agency for fiscal year 2005.
10    (c-3) (Blank). Special provisions for State fiscal year
112015. Notwithstanding any other provision of this Section, for
12State fiscal year 2015, transfers among line item
13appropriations to a State agency from the same State treasury
14fund may be made for operational or lump sum expenses only,
15provided that the sum of such transfers for a State agency in
16State fiscal year 2015 shall not exceed 4% of the aggregate
17amount appropriated to that State agency for operational or
18lump sum expenses for State fiscal year 2015. For the purpose
19of this subsection, "operational or lump sum expenses" includes
20the following objects: personal services; extra help; student
21and inmate compensation; State contributions to retirement
22systems; State contributions to social security; State
23contributions for employee group insurance; contractual
24services; travel; commodities; printing; equipment; electronic
25data processing; operation of automotive equipment;
26telecommunications services; travel and allowance for

 

 

10100SB1814ham001- 111 -LRB101 09785 JWD 61498 a

1committed, paroled, and discharged prisoners; library books;
2federal matching grants for student loans; refunds; workers'
3compensation, occupational disease, and tort claims; lump sum
4and other purposes; and lump sum operations. For the purpose of
5this subsection (c-3), "State agency" does not include the
6Attorney General, the Secretary of State, the Comptroller, the
7Treasurer, or the legislative or judicial branches.
8    (c-4) (Blank). Special provisions for State fiscal year
92018. Notwithstanding any other provision of this Section, for
10State fiscal year 2018, transfers among line item
11appropriations to a State agency from the same State treasury
12fund may be made for operational or lump sum expenses only,
13provided that the sum of such transfers for a State agency in
14State fiscal year 2018 shall not exceed 4% of the aggregate
15amount appropriated to that State agency for operational or
16lump sum expenses for State fiscal year 2018. For the purpose
17of this subsection (c-4), "operational or lump sum expenses"
18includes the following objects: personal services; extra help;
19student and inmate compensation; State contributions to
20retirement systems; State contributions to social security;
21State contributions for employee group insurance; contractual
22services; travel; commodities; printing; equipment; electronic
23data processing; operation of automotive equipment;
24telecommunications services; travel and allowance for
25committed, paroled, and discharged prisoners; library books;
26federal matching grants for student loans; refunds; workers'

 

 

10100SB1814ham001- 112 -LRB101 09785 JWD 61498 a

1compensation, occupational disease, and tort claims; lump sum
2and other purposes; and lump sum operations. For the purpose of
3this subsection (c-4), "State agency" does not include the
4Attorney General, the Secretary of State, the Comptroller, the
5Treasurer, or the legislative or judicial branches.
6    (c-5) Special provisions for State fiscal year 2019.
7Notwithstanding any other provision of this Section, for State
8fiscal year 2019, transfers among line item appropriations to a
9State agency from the same State treasury fund may be made for
10operational or lump sum expenses only, provided that the sum of
11such transfers for a State agency in State fiscal year 2019
12shall not exceed 4% of the aggregate amount appropriated to
13that State agency for operational or lump sum expenses for
14State fiscal year 2019. For the purpose of this subsection
15(c-5), "operational or lump sum expenses" includes the
16following objects: personal services; extra help; student and
17inmate compensation; State contributions to retirement
18systems; State contributions to social security; State
19contributions for employee group insurance; contractual
20services; travel; commodities; printing; equipment; electronic
21data processing; operation of automotive equipment;
22telecommunications services; travel and allowance for
23committed, paroled, and discharged prisoners; library books;
24federal matching grants for student loans; refunds; workers'
25compensation, occupational disease, and tort claims; lump sum
26and other purposes; and lump sum operations. For the purpose of

 

 

10100SB1814ham001- 113 -LRB101 09785 JWD 61498 a

1this subsection (c-5), "State agency" does not include the
2Attorney General, the Secretary of State, the Comptroller, the
3Treasurer, or the legislative or judicial branches.
4    (c-6) Special provisions for State fiscal year 2020.
5Notwithstanding any other provision of this Section, for State
6fiscal year 2020, transfers among line item appropriations to a
7State agency from the same State treasury fund may be made for
8operational or lump sum expenses only, provided that the sum of
9such transfers for a State agency in State fiscal year 2020
10shall not exceed 4% of the aggregate amount appropriated to
11that State agency for operational or lump sum expenses for
12State fiscal year 2020. For the purpose of this subsection
13(c-6), "operational or lump sum expenses" includes the
14following objects: personal services; extra help; student and
15inmate compensation; State contributions to retirement
16systems; State contributions to social security; State
17contributions for employee group insurance; contractual
18services; travel; commodities; printing; equipment; electronic
19data processing; operation of automotive equipment;
20telecommunications services; travel and allowance for
21committed, paroled, and discharged prisoners; library books;
22federal matching grants for student loans; refunds; workers'
23compensation, occupational disease, and tort claims; Late
24Interest Penalties under the State Prompt Payment Act and
25Sections 368a and 370a of the Illinois Insurance Code; lump sum
26and other purposes; and lump sum operations. For the purpose of

 

 

10100SB1814ham001- 114 -LRB101 09785 JWD 61498 a

1this subsection (c-6), "State agency" does not include the
2Attorney General, the Secretary of State, the Comptroller, the
3Treasurer, or the judicial or legislative branches.
4    (d) Transfers among appropriations made to agencies of the
5Legislative and Judicial departments and to the
6constitutionally elected officers in the Executive branch
7require the approval of the officer authorized in Section 10 of
8this Act to approve and certify vouchers. Transfers among
9appropriations made to the University of Illinois, Southern
10Illinois University, Chicago State University, Eastern
11Illinois University, Governors State University, Illinois
12State University, Northeastern Illinois University, Northern
13Illinois University, Western Illinois University, the Illinois
14Mathematics and Science Academy and the Board of Higher
15Education require the approval of the Board of Higher Education
16and the Governor. Transfers among appropriations to all other
17agencies require the approval of the Governor.
18    The officer responsible for approval shall certify that the
19transfer is necessary to carry out the programs and purposes
20for which the appropriations were made by the General Assembly
21and shall transmit to the State Comptroller a certified copy of
22the approval which shall set forth the specific amounts
23transferred so that the Comptroller may change his records
24accordingly. The Comptroller shall furnish the Governor with
25information copies of all transfers approved for agencies of
26the Legislative and Judicial departments and transfers

 

 

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1approved by the constitutionally elected officials of the
2Executive branch other than the Governor, showing the amounts
3transferred and indicating the dates such changes were entered
4on the Comptroller's records.
5    (e) The State Board of Education, in consultation with the
6State Comptroller, may transfer line item appropriations for
7General State Aid or Evidence-Based Funding among between the
8Common School Fund and the Education Assistance Fund, and, for
9State fiscal year 2020, the Fund for the Advancement of
10Education. With the advice and consent of the Governor's Office
11of Management and Budget, the State Board of Education, in
12consultation with the State Comptroller, may transfer line item
13appropriations between the General Revenue Fund and the
14Education Assistance Fund for the following programs:
15        (1) Disabled Student Personnel Reimbursement (Section
16    14-13.01 of the School Code);
17        (2) Disabled Student Transportation Reimbursement
18    (subsection (b) of Section 14-13.01 of the School Code);
19        (3) Disabled Student Tuition - Private Tuition
20    (Section 14-7.02 of the School Code);
21        (4) Extraordinary Special Education (Section 14-7.02b
22    of the School Code);
23        (5) Reimbursement for Free Lunch/Breakfast Programs;
24        (6) Summer School Payments (Section 18-4.3 of the
25    School Code);
26        (7) Transportation - Regular/Vocational Reimbursement

 

 

10100SB1814ham001- 116 -LRB101 09785 JWD 61498 a

1    (Section 29-5 of the School Code);
2        (8) Regular Education Reimbursement (Section 18-3 of
3    the School Code); and
4        (9) Special Education Reimbursement (Section 14-7.03
5    of the School Code).
6    (f) For State fiscal year 2020 only, the Department on
7Aging, in consultation with the State Comptroller, with the
8advice and consent of the Governor's Office of Management and
9Budget, may transfer line item appropriations for purchase of
10services covered by the Community Care Program between the
11General Revenue Fund and the Commitment to Human Services Fund.
12(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
13eff. 8-31-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18;
14100-1064, eff. 8-24-18; revised 10-9-18.)
 
15    (30 ILCS 105/25)  (from Ch. 127, par. 161)
16    Sec. 25. Fiscal year limitations.
17    (a) All appropriations shall be available for expenditure
18for the fiscal year or for a lesser period if the Act making
19that appropriation so specifies. A deficiency or emergency
20appropriation shall be available for expenditure only through
21June 30 of the year when the Act making that appropriation is
22enacted unless that Act otherwise provides.
23    (b) Outstanding liabilities as of June 30, payable from
24appropriations which have otherwise expired, may be paid out of
25the expiring appropriations during the 2-month period ending at

 

 

10100SB1814ham001- 117 -LRB101 09785 JWD 61498 a

1the close of business on August 31. Any service involving
2professional or artistic skills or any personal services by an
3employee whose compensation is subject to income tax
4withholding must be performed as of June 30 of the fiscal year
5in order to be considered an "outstanding liability as of June
630" that is thereby eligible for payment out of the expiring
7appropriation.
8    (b-1) However, payment of tuition reimbursement claims
9under Section 14-7.03 or 18-3 of the School Code may be made by
10the State Board of Education from its appropriations for those
11respective purposes for any fiscal year, even though the claims
12reimbursed by the payment may be claims attributable to a prior
13fiscal year, and payments may be made at the direction of the
14State Superintendent of Education from the fund from which the
15appropriation is made without regard to any fiscal year
16limitations, except as required by subsection (j) of this
17Section. Beginning on June 30, 2021, payment of tuition
18reimbursement claims under Section 14-7.03 or 18-3 of the
19School Code as of June 30, payable from appropriations that
20have otherwise expired, may be paid out of the expiring
21appropriation during the 4-month period ending at the close of
22business on October 31.
23    (b-2) (Blank). All outstanding liabilities as of June 30,
242010, payable from appropriations that would otherwise expire
25at the conclusion of the lapse period for fiscal year 2010, and
26interest penalties payable on those liabilities under the State

 

 

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1Prompt Payment Act, may be paid out of the expiring
2appropriations until December 31, 2010, without regard to the
3fiscal year in which the payment is made, as long as vouchers
4for the liabilities are received by the Comptroller no later
5than August 31, 2010.
6    (b-2.5) (Blank). All outstanding liabilities as of June 30,
72011, payable from appropriations that would otherwise expire
8at the conclusion of the lapse period for fiscal year 2011, and
9interest penalties payable on those liabilities under the State
10Prompt Payment Act, may be paid out of the expiring
11appropriations until December 31, 2011, without regard to the
12fiscal year in which the payment is made, as long as vouchers
13for the liabilities are received by the Comptroller no later
14than August 31, 2011.
15    (b-2.6) (Blank). All outstanding liabilities as of June 30,
162012, payable from appropriations that would otherwise expire
17at the conclusion of the lapse period for fiscal year 2012, and
18interest penalties payable on those liabilities under the State
19Prompt Payment Act, may be paid out of the expiring
20appropriations until December 31, 2012, without regard to the
21fiscal year in which the payment is made, as long as vouchers
22for the liabilities are received by the Comptroller no later
23than August 31, 2012.
24    (b-2.6a) (Blank). All outstanding liabilities as of June
2530, 2017, payable from appropriations that would otherwise
26expire at the conclusion of the lapse period for fiscal year

 

 

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12017, and interest penalties payable on those liabilities under
2the State Prompt Payment Act, may be paid out of the expiring
3appropriations until December 31, 2017, without regard to the
4fiscal year in which the payment is made, as long as vouchers
5for the liabilities are received by the Comptroller no later
6than September 30, 2017.
7    (b-2.6b) (Blank). All outstanding liabilities as of June
830, 2018, payable from appropriations that would otherwise
9expire at the conclusion of the lapse period for fiscal year
102018, and interest penalties payable on those liabilities under
11the State Prompt Payment Act, may be paid out of the expiring
12appropriations until December 31, 2018, without regard to the
13fiscal year in which the payment is made, as long as vouchers
14for the liabilities are received by the Comptroller no later
15than October 31, 2018.
16    (b-2.6c) All outstanding liabilities as of June 30, 2019,
17payable from appropriations that would otherwise expire at the
18conclusion of the lapse period for fiscal year 2019, and
19interest penalties payable on those liabilities under the State
20Prompt Payment Act, may be paid out of the expiring
21appropriations until December 31, 2019, without regard to the
22fiscal year in which the payment is made, as long as vouchers
23for the liabilities are received by the Comptroller no later
24than October 31, 2019.
25    (b-2.7) For fiscal years 2012, 2013, and 2014, 2018, 2019,
26and 2020, interest penalties payable under the State Prompt

 

 

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1Payment Act associated with a voucher for which payment is
2issued after June 30 may be paid out of the next fiscal year's
3appropriation. The future year appropriation must be for the
4same purpose and from the same fund as the original payment. An
5interest penalty voucher submitted against a future year
6appropriation must be submitted within 60 days after the
7issuance of the associated voucher, except that, for fiscal
8year 2018 only, an interest penalty voucher submitted against a
9future year appropriation must be submitted within 60 days of
10the effective date of this amendatory Act of the 101st General
11Assembly. The and the Comptroller must issue the interest
12payment within 60 days after acceptance of the interest
13voucher.
14    (b-3) Medical payments may be made by the Department of
15Veterans' Affairs from its appropriations for those purposes
16for any fiscal year, without regard to the fact that the
17medical services being compensated for by such payment may have
18been rendered in a prior fiscal year, except as required by
19subsection (j) of this Section. Beginning on June 30, 2021,
20medical payments payable from appropriations that have
21otherwise expired may be paid out of the expiring appropriation
22during the 4-month period ending at the close of business on
23October 31.
24    (b-4) Medical payments and child care payments may be made
25by the Department of Human Services (as successor to the
26Department of Public Aid) from appropriations for those

 

 

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1purposes for any fiscal year, without regard to the fact that
2the medical or child care services being compensated for by
3such payment may have been rendered in a prior fiscal year; and
4payments may be made at the direction of the Department of
5Healthcare and Family Services (or successor agency) from the
6Health Insurance Reserve Fund without regard to any fiscal year
7limitations, except as required by subsection (j) of this
8Section. Beginning on June 30, 2021, medical and child care
9payments made by the Department of Human Services and payments
10made at the discretion of the Department of Healthcare and
11Family Services (or successor agency) from the Health Insurance
12Reserve Fund and payable from appropriations that have
13otherwise expired may be paid out of the expiring appropriation
14during the 4-month period ending at the close of business on
15October 31.
16    (b-5) Medical payments may be made by the Department of
17Human Services from its appropriations relating to substance
18abuse treatment services for any fiscal year, without regard to
19the fact that the medical services being compensated for by
20such payment may have been rendered in a prior fiscal year,
21provided the payments are made on a fee-for-service basis
22consistent with requirements established for Medicaid
23reimbursement by the Department of Healthcare and Family
24Services, except as required by subsection (j) of this Section.
25Beginning on June 30, 2021, medical payments made by the
26Department of Human Services relating to substance abuse

 

 

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1treatment services payable from appropriations that have
2otherwise expired may be paid out of the expiring appropriation
3during the 4-month period ending at the close of business on
4October 31.
5    (b-6) Additionally, payments may be made by the Department
6of Human Services from its appropriations, or any other State
7agency from its appropriations with the approval of the
8Department of Human Services, from the Immigration Reform and
9Control Fund for purposes authorized pursuant to the
10Immigration Reform and Control Act of 1986, without regard to
11any fiscal year limitations, except as required by subsection
12(j) of this Section. Beginning on June 30, 2021, payments made
13by the Department of Human Services from the Immigration Reform
14and Control Fund for purposes authorized pursuant to the
15Immigration Reform and Control Act of 1986 payable from
16appropriations that have otherwise expired may be paid out of
17the expiring appropriation during the 4-month period ending at
18the close of business on October 31.
19    (b-7) Payments may be made in accordance with a plan
20authorized by paragraph (11) or (12) of Section 405-105 of the
21Department of Central Management Services Law from
22appropriations for those payments without regard to fiscal year
23limitations.
24    (b-8) Reimbursements to eligible airport sponsors for the
25construction or upgrading of Automated Weather Observation
26Systems may be made by the Department of Transportation from

 

 

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1appropriations for those purposes for any fiscal year, without
2regard to the fact that the qualification or obligation may
3have occurred in a prior fiscal year, provided that at the time
4the expenditure was made the project had been approved by the
5Department of Transportation prior to June 1, 2012 and, as a
6result of recent changes in federal funding formulas, can no
7longer receive federal reimbursement.
8    (b-9) (Blank). Medical payments not exceeding $150,000,000
9may be made by the Department on Aging from its appropriations
10relating to the Community Care Program for fiscal year 2014,
11without regard to the fact that the medical services being
12compensated for by such payment may have been rendered in a
13prior fiscal year, provided the payments are made on a
14fee-for-service basis consistent with requirements established
15for Medicaid reimbursement by the Department of Healthcare and
16Family Services, except as required by subsection (j) of this
17Section.
18    (c) Further, payments may be made by the Department of
19Public Health and the Department of Human Services (acting as
20successor to the Department of Public Health under the
21Department of Human Services Act) from their respective
22appropriations for grants for medical care to or on behalf of
23premature and high-mortality risk infants and their mothers and
24for grants for supplemental food supplies provided under the
25United States Department of Agriculture Women, Infants and
26Children Nutrition Program, for any fiscal year without regard

 

 

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1to the fact that the services being compensated for by such
2payment may have been rendered in a prior fiscal year, except
3as required by subsection (j) of this Section. Beginning on
4June 30, 2021, payments made by the Department of Public Health
5and the Department of Human Services from their respective
6appropriations for grants for medical care to or on behalf of
7premature and high-mortality risk infants and their mothers and
8for grants for supplemental food supplies provided under the
9United States Department of Agriculture Women, Infants and
10Children Nutrition Program payable from appropriations that
11have otherwise expired may be paid out of the expiring
12appropriations during the 4-month period ending at the close of
13business on October 31.
14    (d) The Department of Public Health and the Department of
15Human Services (acting as successor to the Department of Public
16Health under the Department of Human Services Act) shall each
17annually submit to the State Comptroller, Senate President,
18Senate Minority Leader, Speaker of the House, House Minority
19Leader, and the respective Chairmen and Minority Spokesmen of
20the Appropriations Committees of the Senate and the House, on
21or before December 31, a report of fiscal year funds used to
22pay for services provided in any prior fiscal year. This report
23shall document by program or service category those
24expenditures from the most recently completed fiscal year used
25to pay for services provided in prior fiscal years.
26    (e) The Department of Healthcare and Family Services, the

 

 

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1Department of Human Services (acting as successor to the
2Department of Public Aid), and the Department of Human Services
3making fee-for-service payments relating to substance abuse
4treatment services provided during a previous fiscal year shall
5each annually submit to the State Comptroller, Senate
6President, Senate Minority Leader, Speaker of the House, House
7Minority Leader, the respective Chairmen and Minority
8Spokesmen of the Appropriations Committees of the Senate and
9the House, on or before November 30, a report that shall
10document by program or service category those expenditures from
11the most recently completed fiscal year used to pay for (i)
12services provided in prior fiscal years and (ii) services for
13which claims were received in prior fiscal years.
14    (f) The Department of Human Services (as successor to the
15Department of Public Aid) shall annually submit to the State
16Comptroller, Senate President, Senate Minority Leader, Speaker
17of the House, House Minority Leader, and the respective
18Chairmen and Minority Spokesmen of the Appropriations
19Committees of the Senate and the House, on or before December
2031, a report of fiscal year funds used to pay for services
21(other than medical care) provided in any prior fiscal year.
22This report shall document by program or service category those
23expenditures from the most recently completed fiscal year used
24to pay for services provided in prior fiscal years.
25    (g) In addition, each annual report required to be
26submitted by the Department of Healthcare and Family Services

 

 

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1under subsection (e) shall include the following information
2with respect to the State's Medicaid program:
3        (1) Explanations of the exact causes of the variance
4    between the previous year's estimated and actual
5    liabilities.
6        (2) Factors affecting the Department of Healthcare and
7    Family Services' liabilities, including but not limited to
8    numbers of aid recipients, levels of medical service
9    utilization by aid recipients, and inflation in the cost of
10    medical services.
11        (3) The results of the Department's efforts to combat
12    fraud and abuse.
13    (h) As provided in Section 4 of the General Assembly
14Compensation Act, any utility bill for service provided to a
15General Assembly member's district office for a period
16including portions of 2 consecutive fiscal years may be paid
17from funds appropriated for such expenditure in either fiscal
18year.
19    (i) An agency which administers a fund classified by the
20Comptroller as an internal service fund may issue rules for:
21        (1) billing user agencies in advance for payments or
22    authorized inter-fund transfers based on estimated charges
23    for goods or services;
24        (2) issuing credits, refunding through inter-fund
25    transfers, or reducing future inter-fund transfers during
26    the subsequent fiscal year for all user agency payments or

 

 

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1    authorized inter-fund transfers received during the prior
2    fiscal year which were in excess of the final amounts owed
3    by the user agency for that period; and
4        (3) issuing catch-up billings to user agencies during
5    the subsequent fiscal year for amounts remaining due when
6    payments or authorized inter-fund transfers received from
7    the user agency during the prior fiscal year were less than
8    the total amount owed for that period.
9User agencies are authorized to reimburse internal service
10funds for catch-up billings by vouchers drawn against their
11respective appropriations for the fiscal year in which the
12catch-up billing was issued or by increasing an authorized
13inter-fund transfer during the current fiscal year. For the
14purposes of this Act, "inter-fund transfers" means transfers
15without the use of the voucher-warrant process, as authorized
16by Section 9.01 of the State Comptroller Act.
17    (i-1) Beginning on July 1, 2021, all outstanding
18liabilities, not payable during the 4-month lapse period as
19described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
20(c) of this Section, that are made from appropriations for that
21purpose for any fiscal year, without regard to the fact that
22the services being compensated for by those payments may have
23been rendered in a prior fiscal year, are limited to only those
24claims that have been incurred but for which a proper bill or
25invoice as defined by the State Prompt Payment Act has not been
26received by September 30th following the end of the fiscal year

 

 

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1in which the service was rendered.
2    (j) Notwithstanding any other provision of this Act, the
3aggregate amount of payments to be made without regard for
4fiscal year limitations as contained in subsections (b-1),
5(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
6determined by using Generally Accepted Accounting Principles,
7shall not exceed the following amounts:
8        (1) $6,000,000,000 for outstanding liabilities related
9    to fiscal year 2012;
10        (2) $5,300,000,000 for outstanding liabilities related
11    to fiscal year 2013;
12        (3) $4,600,000,000 for outstanding liabilities related
13    to fiscal year 2014;
14        (4) $4,000,000,000 for outstanding liabilities related
15    to fiscal year 2015;
16        (5) $3,300,000,000 for outstanding liabilities related
17    to fiscal year 2016;
18        (6) $2,600,000,000 for outstanding liabilities related
19    to fiscal year 2017;
20        (7) $2,000,000,000 for outstanding liabilities related
21    to fiscal year 2018;
22        (8) $1,300,000,000 for outstanding liabilities related
23    to fiscal year 2019;
24        (9) $600,000,000 for outstanding liabilities related
25    to fiscal year 2020; and
26        (10) $0 for outstanding liabilities related to fiscal

 

 

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1    year 2021 and fiscal years thereafter.
2    (k) Department of Healthcare and Family Services Medical
3Assistance Payments.
4        (1) Definition of Medical Assistance.
5            For purposes of this subsection, the term "Medical
6        Assistance" shall include, but not necessarily be
7        limited to, medical programs and services authorized
8        under Titles XIX and XXI of the Social Security Act,
9        the Illinois Public Aid Code, the Children's Health
10        Insurance Program Act, the Covering ALL KIDS Health
11        Insurance Act, the Long Term Acute Care Hospital
12        Quality Improvement Transfer Program Act, and medical
13        care to or on behalf of persons suffering from chronic
14        renal disease, persons suffering from hemophilia, and
15        victims of sexual assault.
16        (2) Limitations on Medical Assistance payments that
17    may be paid from future fiscal year appropriations.
18            (A) The maximum amounts of annual unpaid Medical
19        Assistance bills received and recorded by the
20        Department of Healthcare and Family Services on or
21        before June 30th of a particular fiscal year
22        attributable in aggregate to the General Revenue Fund,
23        Healthcare Provider Relief Fund, Tobacco Settlement
24        Recovery Fund, Long-Term Care Provider Fund, and the
25        Drug Rebate Fund that may be paid in total by the
26        Department from future fiscal year Medical Assistance

 

 

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1        appropriations to those funds are: $700,000,000 for
2        fiscal year 2013 and $100,000,000 for fiscal year 2014
3        and each fiscal year thereafter.
4            (B) Bills for Medical Assistance services rendered
5        in a particular fiscal year, but received and recorded
6        by the Department of Healthcare and Family Services
7        after June 30th of that fiscal year, may be paid from
8        either appropriations for that fiscal year or future
9        fiscal year appropriations for Medical Assistance.
10        Such payments shall not be subject to the requirements
11        of subparagraph (A).
12            (C) Medical Assistance bills received by the
13        Department of Healthcare and Family Services in a
14        particular fiscal year, but subject to payment amount
15        adjustments in a future fiscal year may be paid from a
16        future fiscal year's appropriation for Medical
17        Assistance. Such payments shall not be subject to the
18        requirements of subparagraph (A).
19            (D) Medical Assistance payments made by the
20        Department of Healthcare and Family Services from
21        funds other than those specifically referenced in
22        subparagraph (A) may be made from appropriations for
23        those purposes for any fiscal year without regard to
24        the fact that the Medical Assistance services being
25        compensated for by such payment may have been rendered
26        in a prior fiscal year. Such payments shall not be

 

 

10100SB1814ham001- 131 -LRB101 09785 JWD 61498 a

1        subject to the requirements of subparagraph (A).
2        (3) Extended lapse period for Department of Healthcare
3    and Family Services Medical Assistance payments.
4    Notwithstanding any other State law to the contrary,
5    outstanding Department of Healthcare and Family Services
6    Medical Assistance liabilities, as of June 30th, payable
7    from appropriations which have otherwise expired, may be
8    paid out of the expiring appropriations during the 6-month
9    period ending at the close of business on December 31st.
10    (l) The changes to this Section made by Public Act 97-691
11shall be effective for payment of Medical Assistance bills
12incurred in fiscal year 2013 and future fiscal years. The
13changes to this Section made by Public Act 97-691 shall not be
14applied to Medical Assistance bills incurred in fiscal year
152012 or prior fiscal years.
16    (m) The Comptroller must issue payments against
17outstanding liabilities that were received prior to the lapse
18period deadlines set forth in this Section as soon thereafter
19as practical, but no payment may be issued after the 4 months
20following the lapse period deadline without the signed
21authorization of the Comptroller and the Governor.
22(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
23    Section 5-40. The Gifts and Grants to Government Act is
24amended by adding Section 4 as follows:
 

 

 

10100SB1814ham001- 132 -LRB101 09785 JWD 61498 a

1    (30 ILCS 110/4 new)
2    Sec. 4. Governor's Grant Fund; additional purposes. In
3addition to any other deposits authorized by law, the
4Governor's Grant Fund may accept funds from any source, public
5or private, to be used for the purposes of such funds including
6administrative costs of the Governor's Office.
 
7    Section 5-45. The State Revenue Sharing Act is amended by
8changing Section 12 as follows:
 
9    (30 ILCS 115/12)  (from Ch. 85, par. 616)
10    Sec. 12. Personal Property Tax Replacement Fund. There is
11hereby created the Personal Property Tax Replacement Fund, a
12special fund in the State Treasury into which shall be paid all
13revenue realized:
14        (a) all amounts realized from the additional personal
15    property tax replacement income tax imposed by subsections
16    (c) and (d) of Section 201 of the Illinois Income Tax Act,
17    except for those amounts deposited into the Income Tax
18    Refund Fund pursuant to subsection (c) of Section 901 of
19    the Illinois Income Tax Act; and
20        (b) all amounts realized from the additional personal
21    property replacement invested capital taxes imposed by
22    Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
23    Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
24    Revenue Act, and Section 3 of the Water Company Invested

 

 

10100SB1814ham001- 133 -LRB101 09785 JWD 61498 a

1    Capital Tax Act, and amounts payable to the Department of
2    Revenue under the Telecommunications Infrastructure
3    Maintenance Fee Act.
4    As soon as may be after the end of each month, the
5Department of Revenue shall certify to the Treasurer and the
6Comptroller the amount of all refunds paid out of the General
7Revenue Fund through the preceding month on account of
8overpayment of liability on taxes paid into the Personal
9Property Tax Replacement Fund. Upon receipt of such
10certification, the Treasurer and the Comptroller shall
11transfer the amount so certified from the Personal Property Tax
12Replacement Fund into the General Revenue Fund.
13    The payments of revenue into the Personal Property Tax
14Replacement Fund shall be used exclusively for distribution to
15taxing districts, regional offices and officials, and local
16officials as provided in this Section and in the School Code,
17payment of the ordinary and contingent expenses of the Property
18Tax Appeal Board, payment of the expenses of the Department of
19Revenue incurred in administering the collection and
20distribution of monies paid into the Personal Property Tax
21Replacement Fund and transfers due to refunds to taxpayers for
22overpayment of liability for taxes paid into the Personal
23Property Tax Replacement Fund.
24    In addition, moneys in the Personal Property Tax
25Replacement Fund may be used to pay any of the following: (i)
26salary, stipends, and additional compensation as provided by

 

 

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1law for chief election clerks, county clerks, and county
2recorders; (ii) costs associated with regional offices of
3education and educational service centers; (iii)
4reimbursements payable by the State Board of Elections under
5Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
6Election Code; (iv) expenses of the Illinois Educational Labor
7Relations Board; and (v) salary, personal services, and
8additional compensation as provided by law for court reporters
9under the Court Reporters Act.
10    As soon as may be after the effective date of this
11amendatory Act of 1980, the Department of Revenue shall certify
12to the Treasurer the amount of net replacement revenue paid
13into the General Revenue Fund prior to that effective date from
14the additional tax imposed by Section 2a.1 of the Messages Tax
15Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
16the Public Utilities Revenue Act; Section 3 of the Water
17Company Invested Capital Tax Act; amounts collected by the
18Department of Revenue under the Telecommunications
19Infrastructure Maintenance Fee Act; and the additional
20personal property tax replacement income tax imposed by the
21Illinois Income Tax Act, as amended by Public Act 81-1st
22Special Session-1. Net replacement revenue shall be defined as
23the total amount paid into and remaining in the General Revenue
24Fund as a result of those Acts minus the amount outstanding and
25obligated from the General Revenue Fund in state vouchers or
26warrants prior to the effective date of this amendatory Act of

 

 

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11980 as refunds to taxpayers for overpayment of liability under
2those Acts.
3    All interest earned by monies accumulated in the Personal
4Property Tax Replacement Fund shall be deposited in such Fund.
5All amounts allocated pursuant to this Section are appropriated
6on a continuing basis.
7    Prior to December 31, 1980, as soon as may be after the end
8of each quarter beginning with the quarter ending December 31,
91979, and on and after December 31, 1980, as soon as may be
10after January 1, March 1, April 1, May 1, July 1, August 1,
11October 1 and December 1 of each year, the Department of
12Revenue shall allocate to each taxing district as defined in
13Section 1-150 of the Property Tax Code, in accordance with the
14provisions of paragraph (2) of this Section the portion of the
15funds held in the Personal Property Tax Replacement Fund which
16is required to be distributed, as provided in paragraph (1),
17for each quarter. Provided, however, under no circumstances
18shall any taxing district during each of the first two years of
19distribution of the taxes imposed by this amendatory Act of
201979 be entitled to an annual allocation which is less than the
21funds such taxing district collected from the 1978 personal
22property tax. Provided further that under no circumstances
23shall any taxing district during the third year of distribution
24of the taxes imposed by this amendatory Act of 1979 receive
25less than 60% of the funds such taxing district collected from
26the 1978 personal property tax. In the event that the total of

 

 

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1the allocations made as above provided for all taxing
2districts, during either of such 3 years, exceeds the amount
3available for distribution the allocation of each taxing
4district shall be proportionately reduced. Except as provided
5in Section 13 of this Act, the Department shall then certify,
6pursuant to appropriation, such allocations to the State
7Comptroller who shall pay over to the several taxing districts
8the respective amounts allocated to them.
9    Any township which receives an allocation based in whole or
10in part upon personal property taxes which it levied pursuant
11to Section 6-507 or 6-512 of the Illinois Highway Code and
12which was previously required to be paid over to a municipality
13shall immediately pay over to that municipality a proportionate
14share of the personal property replacement funds which such
15township receives.
16    Any municipality or township, other than a municipality
17with a population in excess of 500,000, which receives an
18allocation based in whole or in part on personal property taxes
19which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
20Illinois Local Library Act and which was previously required to
21be paid over to a public library shall immediately pay over to
22that library a proportionate share of the personal property tax
23replacement funds which such municipality or township
24receives; provided that if such a public library has converted
25to a library organized under The Illinois Public Library
26District Act, regardless of whether such conversion has

 

 

10100SB1814ham001- 137 -LRB101 09785 JWD 61498 a

1occurred on, after or before January 1, 1988, such
2proportionate share shall be immediately paid over to the
3library district which maintains and operates the library.
4However, any library that has converted prior to January 1,
51988, and which hitherto has not received the personal property
6tax replacement funds, shall receive such funds commencing on
7January 1, 1988.
8    Any township which receives an allocation based in whole or
9in part on personal property taxes which it levied pursuant to
10Section 1c of the Public Graveyards Act and which taxes were
11previously required to be paid over to or used for such public
12cemetery or cemeteries shall immediately pay over to or use for
13such public cemetery or cemeteries a proportionate share of the
14personal property tax replacement funds which the township
15receives.
16    Any taxing district which receives an allocation based in
17whole or in part upon personal property taxes which it levied
18for another governmental body or school district in Cook County
19in 1976 or for another governmental body or school district in
20the remainder of the State in 1977 shall immediately pay over
21to that governmental body or school district the amount of
22personal property replacement funds which such governmental
23body or school district would receive directly under the
24provisions of paragraph (2) of this Section, had it levied its
25own taxes.
26        (1) The portion of the Personal Property Tax

 

 

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1    Replacement Fund required to be distributed as of the time
2    allocation is required to be made shall be the amount
3    available in such Fund as of the time allocation is
4    required to be made.
5        The amount available for distribution shall be the
6    total amount in the fund at such time minus the necessary
7    administrative and other authorized expenses as limited by
8    the appropriation and the amount determined by: (a) $2.8
9    million for fiscal year 1981; (b) for fiscal year 1982,
10    .54% of the funds distributed from the fund during the
11    preceding fiscal year; (c) for fiscal year 1983 through
12    fiscal year 1988, .54% of the funds distributed from the
13    fund during the preceding fiscal year less .02% of such
14    fund for fiscal year 1983 and less .02% of such funds for
15    each fiscal year thereafter; (d) for fiscal year 1989
16    through fiscal year 2011 no more than 105% of the actual
17    administrative expenses of the prior fiscal year; (e) for
18    fiscal year 2012 and beyond, a sufficient amount to pay (i)
19    stipends, additional compensation, salary reimbursements,
20    and other amounts directed to be paid out of this Fund for
21    local officials as authorized or required by statute and
22    (ii) no more than 105% of the actual administrative
23    expenses of the prior fiscal year, including payment of the
24    ordinary and contingent expenses of the Property Tax Appeal
25    Board and payment of the expenses of the Department of
26    Revenue incurred in administering the collection and

 

 

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1    distribution of moneys paid into the Fund; (f) for fiscal
2    years 2012 and 2013 only, a sufficient amount to pay
3    stipends, additional compensation, salary reimbursements,
4    and other amounts directed to be paid out of this Fund for
5    regional offices and officials as authorized or required by
6    statute; or (g) for fiscal years 2018 through 2020 and 2019
7    only, a sufficient amount to pay amounts directed to be
8    paid out of this Fund for public community college base
9    operating grants and local health protection grants to
10    certified local health departments as authorized or
11    required by appropriation or statute. Such portion of the
12    fund shall be determined after the transfer into the
13    General Revenue Fund due to refunds, if any, paid from the
14    General Revenue Fund during the preceding quarter. If at
15    any time, for any reason, there is insufficient amount in
16    the Personal Property Tax Replacement Fund for payments for
17    regional offices and officials or local officials or
18    payment of costs of administration or for transfers due to
19    refunds at the end of any particular month, the amount of
20    such insufficiency shall be carried over for the purposes
21    of payments for regional offices and officials, local
22    officials, transfers into the General Revenue Fund, and
23    costs of administration to the following month or months.
24    Net replacement revenue held, and defined above, shall be
25    transferred by the Treasurer and Comptroller to the
26    Personal Property Tax Replacement Fund within 10 days of

 

 

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1    such certification.
2        (2) Each quarterly allocation shall first be
3    apportioned in the following manner: 51.65% for taxing
4    districts in Cook County and 48.35% for taxing districts in
5    the remainder of the State.
6    The Personal Property Replacement Ratio of each taxing
7district outside Cook County shall be the ratio which the Tax
8Base of that taxing district bears to the Downstate Tax Base.
9The Tax Base of each taxing district outside of Cook County is
10the personal property tax collections for that taxing district
11for the 1977 tax year. The Downstate Tax Base is the personal
12property tax collections for all taxing districts in the State
13outside of Cook County for the 1977 tax year. The Department of
14Revenue shall have authority to review for accuracy and
15completeness the personal property tax collections for each
16taxing district outside Cook County for the 1977 tax year.
17    The Personal Property Replacement Ratio of each Cook County
18taxing district shall be the ratio which the Tax Base of that
19taxing district bears to the Cook County Tax Base. The Tax Base
20of each Cook County taxing district is the personal property
21tax collections for that taxing district for the 1976 tax year.
22The Cook County Tax Base is the personal property tax
23collections for all taxing districts in Cook County for the
241976 tax year. The Department of Revenue shall have authority
25to review for accuracy and completeness the personal property
26tax collections for each taxing district within Cook County for

 

 

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1the 1976 tax year.
2    For all purposes of this Section 12, amounts paid to a
3taxing district for such tax years as may be applicable by a
4foreign corporation under the provisions of Section 7-202 of
5the Public Utilities Act, as amended, shall be deemed to be
6personal property taxes collected by such taxing district for
7such tax years as may be applicable. The Director shall
8determine from the Illinois Commerce Commission, for any tax
9year as may be applicable, the amounts so paid by any such
10foreign corporation to any and all taxing districts. The
11Illinois Commerce Commission shall furnish such information to
12the Director. For all purposes of this Section 12, the Director
13shall deem such amounts to be collected personal property taxes
14of each such taxing district for the applicable tax year or
15years.
16    Taxing districts located both in Cook County and in one or
17more other counties shall receive both a Cook County allocation
18and a Downstate allocation determined in the same way as all
19other taxing districts.
20    If any taxing district in existence on July 1, 1979 ceases
21to exist, or discontinues its operations, its Tax Base shall
22thereafter be deemed to be zero. If the powers, duties and
23obligations of the discontinued taxing district are assumed by
24another taxing district, the Tax Base of the discontinued
25taxing district shall be added to the Tax Base of the taxing
26district assuming such powers, duties and obligations.

 

 

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1    If two or more taxing districts in existence on July 1,
21979, or a successor or successors thereto shall consolidate
3into one taxing district, the Tax Base of such consolidated
4taxing district shall be the sum of the Tax Bases of each of
5the taxing districts which have consolidated.
6    If a single taxing district in existence on July 1, 1979,
7or a successor or successors thereto shall be divided into two
8or more separate taxing districts, the tax base of the taxing
9district so divided shall be allocated to each of the resulting
10taxing districts in proportion to the then current equalized
11assessed value of each resulting taxing district.
12    If a portion of the territory of a taxing district is
13disconnected and annexed to another taxing district of the same
14type, the Tax Base of the taxing district from which
15disconnection was made shall be reduced in proportion to the
16then current equalized assessed value of the disconnected
17territory as compared with the then current equalized assessed
18value within the entire territory of the taxing district prior
19to disconnection, and the amount of such reduction shall be
20added to the Tax Base of the taxing district to which
21annexation is made.
22    If a community college district is created after July 1,
231979, beginning on the effective date of this amendatory Act of
241995, its Tax Base shall be 3.5% of the sum of the personal
25property tax collected for the 1977 tax year within the
26territorial jurisdiction of the district.

 

 

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1    The amounts allocated and paid to taxing districts pursuant
2to the provisions of this amendatory Act of 1979 shall be
3deemed to be substitute revenues for the revenues derived from
4taxes imposed on personal property pursuant to the provisions
5of the "Revenue Act of 1939" or "An Act for the assessment and
6taxation of private car line companies", approved July 22,
71943, as amended, or Section 414 of the Illinois Insurance
8Code, prior to the abolition of such taxes and shall be used
9for the same purposes as the revenues derived from ad valorem
10taxes on real estate.
11    Monies received by any taxing districts from the Personal
12Property Tax Replacement Fund shall be first applied toward
13payment of the proportionate amount of debt service which was
14previously levied and collected from extensions against
15personal property on bonds outstanding as of December 31, 1978
16and next applied toward payment of the proportionate share of
17the pension or retirement obligations of the taxing district
18which were previously levied and collected from extensions
19against personal property. For each such outstanding bond
20issue, the County Clerk shall determine the percentage of the
21debt service which was collected from extensions against real
22estate in the taxing district for 1978 taxes payable in 1979,
23as related to the total amount of such levies and collections
24from extensions against both real and personal property. For
251979 and subsequent years' taxes, the County Clerk shall levy
26and extend taxes against the real estate of each taxing

 

 

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1district which will yield the said percentage or percentages of
2the debt service on such outstanding bonds. The balance of the
3amount necessary to fully pay such debt service shall
4constitute a first and prior lien upon the monies received by
5each such taxing district through the Personal Property Tax
6Replacement Fund and shall be first applied or set aside for
7such purpose. In counties having fewer than 3,000,000
8inhabitants, the amendments to this paragraph as made by this
9amendatory Act of 1980 shall be first applicable to 1980 taxes
10to be collected in 1981.
11(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
12    Section 5-50. The Illinois Coal Technology Development
13Assistance Act is amended by changing Section 3 as follows:
 
14    (30 ILCS 730/3)  (from Ch. 96 1/2, par. 8203)
15    Sec. 3. Transfers to Coal Technology Development
16Assistance Fund.
17    (a) As soon as may be practicable after the first day of
18each month, the Department of Revenue shall certify to the
19Treasurer an amount equal to 1/64 of the revenue realized from
20the tax imposed by the Electricity Excise Tax Law, Section 2 of
21the Public Utilities Revenue Act, Section 2 of the Messages Tax
22Act, and Section 2 of the Gas Revenue Tax Act, during the
23preceding month. Upon receipt of the certification, the
24Treasurer shall transfer the amount shown on such certification

 

 

10100SB1814ham001- 145 -LRB101 09785 JWD 61498 a

1from the General Revenue Fund to the Coal Technology
2Development Assistance Fund, which is hereby created as a
3special fund in the State treasury, except that no transfer
4shall be made in any month in which the Fund has reached the
5following balance:
6        (1) (Blank). $7,000,000 during fiscal year 1994.
7        (2) (Blank). $8,500,000 during fiscal year 1995.
8        (3) (Blank). $10,000,000 during fiscal years 1996 and
9    1997.
10        (4) (Blank). During fiscal year 1998 through fiscal
11    year 2004, an amount equal to the sum of $10,000,000 plus
12    additional moneys deposited into the Coal Technology
13    Development Assistance Fund from the Renewable Energy
14    Resources and Coal Technology Development Assistance
15    Charge under Section 6.5 of the Renewable Energy, Energy
16    Efficiency, and Coal Resources Development Law of 1997.
17        (5) (Blank). During fiscal year 2005, an amount equal
18    to the sum of $7,000,000 plus additional moneys deposited
19    into the Coal Technology Development Assistance Fund from
20    the Renewable Energy Resources and Coal Technology
21    Development Assistance Charge under Section 6.5 of the
22    Renewable Energy, Energy Efficiency, and Coal Resources
23    Development Law of 1997.
24        (6) Expect as otherwise provided in subsection (b),
25    during During fiscal year 2006 and each fiscal year
26    thereafter, an amount equal to the sum of $10,000,000 plus

 

 

10100SB1814ham001- 146 -LRB101 09785 JWD 61498 a

1    additional moneys deposited into the Coal Technology
2    Development Assistance Fund from the Renewable Energy
3    Resources and Coal Technology Development Assistance
4    Charge under Section 6.5 of the Renewable Energy, Energy
5    Efficiency, and Coal Resources Development Law of 1997.
6    (b) During fiscal years year 2019 and 2020 only, the
7Treasurer shall make no transfers from the General Revenue Fund
8to the Coal Technology Development Assistance Fund.
9(Source: P.A. 99-78, eff. 7-20-15; 100-587, eff. 6-4-18.)
 
10    Section 5-55. The Downstate Public Transportation Act is
11amended by changing Section 2-3 as follows:
 
12    (30 ILCS 740/2-3)  (from Ch. 111 2/3, par. 663)
13    Sec. 2-3. (a) As soon as possible after the first day of
14each month, beginning July 1, 1984, upon certification of the
15Department of Revenue, the Comptroller shall order
16transferred, and the Treasurer shall transfer, from the General
17Revenue Fund to a special fund in the State Treasury which is
18hereby created, to be known as the "Downstate Public
19Transportation Fund", an amount equal to 2/32 (beginning July
201, 2005, 3/32) of the net revenue realized from the Retailers'
21Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
22Act, and the Service Use Tax Act from persons incurring
23municipal or county retailers' or service occupation tax
24liability for the benefit of any municipality or county located

 

 

10100SB1814ham001- 147 -LRB101 09785 JWD 61498 a

1wholly within the boundaries of each participant, other than
2any Metro-East Transit District participant certified pursuant
3to subsection (c) of this Section during the preceding month,
4except that the Department shall pay into the Downstate Public
5Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
6of the net revenue realized under the State tax Acts named
7above within any municipality or county located wholly within
8the boundaries of each participant, other than any Metro-East
9participant, for tax periods beginning on or after January 1,
101990. Net revenue realized for a month shall be the revenue
11collected by the State pursuant to such Acts during the
12previous month from persons incurring municipal or county
13retailers' or service occupation tax liability for the benefit
14of any municipality or county located wholly within the
15boundaries of a participant, less the amount paid out during
16that same month as refunds or credit memoranda to taxpayers for
17overpayment of liability under such Acts for the benefit of any
18municipality or county located wholly within the boundaries of
19a participant.
20    Notwithstanding any provision of law to the contrary,
21beginning on July 6, 2017 (the effective date of Public Act
22100-23), those amounts required under this subsection (a) to be
23transferred by the Treasurer into the Downstate Public
24Transportation Fund from the General Revenue Fund shall be
25directly deposited into the Downstate Public Transportation
26Fund as the revenues are realized from the taxes indicated.

 

 

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1    (b) As soon as possible after the first day of each month,
2beginning July 1, 1989, upon certification of the Department of
3Revenue, the Comptroller shall order transferred, and the
4Treasurer shall transfer, from the General Revenue Fund to a
5special fund in the State Treasury which is hereby created, to
6be known as the "Metro-East Public Transportation Fund", an
7amount equal to 2/32 of the net revenue realized, as above,
8from within the boundaries of Madison, Monroe, and St. Clair
9Counties, except that the Department shall pay into the
10Metro-East Public Transportation Fund 2/32 of 80% of the net
11revenue realized under the State tax Acts specified in
12subsection (a) of this Section within the boundaries of
13Madison, Monroe and St. Clair Counties for tax periods
14beginning on or after January 1, 1990. A local match equivalent
15to an amount which could be raised by a tax levy at the rate of
16.05% on the assessed value of property within the boundaries of
17Madison County is required annually to cause a total of 2/32 of
18the net revenue to be deposited in the Metro-East Public
19Transportation Fund. Failure to raise the required local match
20annually shall result in only 1/32 being deposited into the
21Metro-East Public Transportation Fund after July 1, 1989, or
221/32 of 80% of the net revenue realized for tax periods
23beginning on or after January 1, 1990.
24    (b-5) As soon as possible after the first day of each
25month, beginning July 1, 2005, upon certification of the
26Department of Revenue, the Comptroller shall order

 

 

10100SB1814ham001- 149 -LRB101 09785 JWD 61498 a

1transferred, and the Treasurer shall transfer, from the General
2Revenue Fund to the Downstate Public Transportation Fund, an
3amount equal to 3/32 of 80% of the net revenue realized from
4within the boundaries of Monroe and St. Clair Counties under
5the State Tax Acts specified in subsection (a) of this Section
6and provided further that, beginning July 1, 2005, the
7provisions of subsection (b) shall no longer apply with respect
8to such tax receipts from Monroe and St. Clair Counties.
9    Notwithstanding any provision of law to the contrary,
10beginning on July 6, 2017 (the effective date of Public Act
11100-23), those amounts required under this subsection (b-5) to
12be transferred by the Treasurer into the Downstate Public
13Transportation Fund from the General Revenue Fund shall be
14directly deposited into the Downstate Public Transportation
15Fund as the revenues are realized from the taxes indicated.
16    (b-6) As soon as possible after the first day of each
17month, beginning July 1, 2008, upon certification by the
18Department of Revenue, the Comptroller shall order transferred
19and the Treasurer shall transfer, from the General Revenue Fund
20to the Downstate Public Transportation Fund, an amount equal to
213/32 of 80% of the net revenue realized from within the
22boundaries of Madison County under the State Tax Acts specified
23in subsection (a) of this Section and provided further that,
24beginning July 1, 2008, the provisions of subsection (b) shall
25no longer apply with respect to such tax receipts from Madison
26County.

 

 

10100SB1814ham001- 150 -LRB101 09785 JWD 61498 a

1    Notwithstanding any provision of law to the contrary,
2beginning on July 6, 2017 (the effective date of Public Act
3100-23), those amounts required under this subsection (b-6) to
4be transferred by the Treasurer into the Downstate Public
5Transportation Fund from the General Revenue Fund shall be
6directly deposited into the Downstate Public Transportation
7Fund as the revenues are realized from the taxes indicated.
8    (b-7) Beginning July 1, 2018, notwithstanding the other
9provisions of this Section, instead of the Comptroller making
10monthly transfers from the General Revenue Fund to the
11Downstate Public Transportation Fund, the Department of
12Revenue shall deposit the designated fraction of the net
13revenue realized from collections under the Retailers'
14Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
15Act, and the Service Use Tax Act directly into the Downstate
16Public Transportation Fund.
17    (c) The Department shall certify to the Department of
18Revenue the eligible participants under this Article and the
19territorial boundaries of such participants for the purposes of
20the Department of Revenue in subsections (a) and (b) of this
21Section.
22    (d) For the purposes of this Article, beginning in fiscal
23year 2009 the General Assembly shall appropriate an amount from
24the Downstate Public Transportation Fund equal to the sum total
25funds projected to be paid to the participants pursuant to
26Section 2-7. If the General Assembly fails to make

 

 

10100SB1814ham001- 151 -LRB101 09785 JWD 61498 a

1appropriations sufficient to cover the amounts projected to be
2paid pursuant to Section 2-7, this Act shall constitute an
3irrevocable and continuing appropriation from the Downstate
4Public Transportation Fund of all amounts necessary for those
5purposes.
6    (e) (Blank). Notwithstanding anything in this Section to
7the contrary, amounts transferred from the General Revenue Fund
8to the Downstate Public Transportation Fund pursuant to this
9Section shall not exceed $169,000,000 in State fiscal year
102012.
11    (f) (Blank). For State fiscal year 2018 only,
12notwithstanding any provision of law to the contrary, the total
13amount of revenue and deposits under this Section attributable
14to revenues realized during State fiscal year 2018 shall be
15reduced by 10%.
16    (g) (Blank). For State fiscal year 2019 only,
17notwithstanding any provision of law to the contrary, the total
18amount of revenue and deposits under this Section attributable
19to revenues realized during State fiscal year 2019 shall be
20reduced by 5%.
21    (h) For State fiscal year 2020 only, notwithstanding any
22provision of law to the contrary, the total amount of revenue
23and deposits under this Section attributable to revenues
24realized during State fiscal year 2020 shall be reduced by 5%.
25(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18;
26100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
 

 

 

10100SB1814ham001- 152 -LRB101 09785 JWD 61498 a

1    Section 5-60. The Illinois Income Tax Act is amended by
2changing Section 901 as follows:
 
3    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
4    Sec. 901. Collection authority.
5    (a) In general. The Department shall collect the taxes
6imposed by this Act. The Department shall collect certified
7past due child support amounts under Section 2505-650 of the
8Department of Revenue Law of the Civil Administrative Code of
9Illinois. Except as provided in subsections (b), (c), (e), (f),
10(g), and (h) of this Section, money collected pursuant to
11subsections (a) and (b) of Section 201 of this Act shall be
12paid into the General Revenue Fund in the State treasury; money
13collected pursuant to subsections (c) and (d) of Section 201 of
14this Act shall be paid into the Personal Property Tax
15Replacement Fund, a special fund in the State Treasury; and
16money collected under Section 2505-650 of the Department of
17Revenue Law of the Civil Administrative Code of Illinois shall
18be paid into the Child Support Enforcement Trust Fund, a
19special fund outside the State Treasury, or to the State
20Disbursement Unit established under Section 10-26 of the
21Illinois Public Aid Code, as directed by the Department of
22Healthcare and Family Services.
23    (b) Local Government Distributive Fund. Beginning August
241, 1969, and continuing through June 30, 1994, the Treasurer

 

 

10100SB1814ham001- 153 -LRB101 09785 JWD 61498 a

1shall transfer each month from the General Revenue Fund to a
2special fund in the State treasury, to be known as the "Local
3Government Distributive Fund", an amount equal to 1/12 of the
4net revenue realized from the tax imposed by subsections (a)
5and (b) of Section 201 of this Act during the preceding month.
6Beginning July 1, 1994, and continuing through June 30, 1995,
7the Treasurer shall transfer each month from the General
8Revenue Fund to the Local Government Distributive Fund an
9amount equal to 1/11 of the net revenue realized from the tax
10imposed by subsections (a) and (b) of Section 201 of this Act
11during the preceding month. Beginning July 1, 1995 and
12continuing through January 31, 2011, the Treasurer shall
13transfer each month from the General Revenue Fund to the Local
14Government Distributive Fund an amount equal to the net of (i)
151/10 of the net revenue realized from the tax imposed by
16subsections (a) and (b) of Section 201 of the Illinois Income
17Tax Act during the preceding month (ii) minus, beginning July
181, 2003 and ending June 30, 2004, $6,666,666, and beginning
19July 1, 2004, zero. Beginning February 1, 2011, and continuing
20through January 31, 2015, the Treasurer shall transfer each
21month from the General Revenue Fund to the Local Government
22Distributive Fund an amount equal to the sum of (i) 6% (10% of
23the ratio of the 3% individual income tax rate prior to 2011 to
24the 5% individual income tax rate after 2010) of the net
25revenue realized from the tax imposed by subsections (a) and
26(b) of Section 201 of this Act upon individuals, trusts, and

 

 

10100SB1814ham001- 154 -LRB101 09785 JWD 61498 a

1estates during the preceding month and (ii) 6.86% (10% of the
2ratio of the 4.8% corporate income tax rate prior to 2011 to
3the 7% corporate income tax rate after 2010) of the net revenue
4realized from the tax imposed by subsections (a) and (b) of
5Section 201 of this Act upon corporations during the preceding
6month. Beginning February 1, 2015 and continuing through July
731, 2017, the Treasurer shall transfer each month from the
8General Revenue Fund to the Local Government Distributive Fund
9an amount equal to the sum of (i) 8% (10% of the ratio of the 3%
10individual income tax rate prior to 2011 to the 3.75%
11individual income tax rate after 2014) of the net revenue
12realized from the tax imposed by subsections (a) and (b) of
13Section 201 of this Act upon individuals, trusts, and estates
14during the preceding month and (ii) 9.14% (10% of the ratio of
15the 4.8% corporate income tax rate prior to 2011 to the 5.25%
16corporate income tax rate after 2014) of the net revenue
17realized from the tax imposed by subsections (a) and (b) of
18Section 201 of this Act upon corporations during the preceding
19month. Beginning August 1, 2017, the Treasurer shall transfer
20each month from the General Revenue Fund to the Local
21Government Distributive Fund an amount equal to the sum of (i)
226.06% (10% of the ratio of the 3% individual income tax rate
23prior to 2011 to the 4.95% individual income tax rate after
24July 1, 2017) of the net revenue realized from the tax imposed
25by subsections (a) and (b) of Section 201 of this Act upon
26individuals, trusts, and estates during the preceding month and

 

 

10100SB1814ham001- 155 -LRB101 09785 JWD 61498 a

1(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax
2rate prior to 2011 to the 7% corporate income tax rate after
3July 1, 2017) of the net revenue realized from the tax imposed
4by subsections (a) and (b) of Section 201 of this Act upon
5corporations during the preceding month. Net revenue realized
6for a month shall be defined as the revenue from the tax
7imposed by subsections (a) and (b) of Section 201 of this Act
8which is deposited in the General Revenue Fund, the Education
9Assistance Fund, the Income Tax Surcharge Local Government
10Distributive Fund, the Fund for the Advancement of Education,
11and the Commitment to Human Services Fund during the month
12minus the amount paid out of the General Revenue Fund in State
13warrants during that same month as refunds to taxpayers for
14overpayment of liability under the tax imposed by subsections
15(a) and (b) of Section 201 of this Act.
16    Notwithstanding any provision of law to the contrary,
17beginning on July 6, 2017 (the effective date of Public Act
18100-23), those amounts required under this subsection (b) to be
19transferred by the Treasurer into the Local Government
20Distributive Fund from the General Revenue Fund shall be
21directly deposited into the Local Government Distributive Fund
22as the revenue is realized from the tax imposed by subsections
23(a) and (b) of Section 201 of this Act.
24    For State fiscal year 2018 only, notwithstanding any
25provision of law to the contrary, the total amount of revenue
26and deposits under this Section attributable to revenues

 

 

10100SB1814ham001- 156 -LRB101 09785 JWD 61498 a

1realized during State fiscal year 2018 shall be reduced by 10%.
2    For State fiscal year 2019 only, notwithstanding any
3provision of law to the contrary, the total amount of revenue
4and deposits under this Section attributable to revenues
5realized during State fiscal year 2019 shall be reduced by 5%.
6    For State fiscal year 2020 only, notwithstanding any
7provision of law to the contrary, the total amount of revenue
8and deposits under this Section attributable to revenues
9realized during State fiscal year 2020 shall be reduced by 5%.
10    (c) Deposits Into Income Tax Refund Fund.
11        (1) Beginning on January 1, 1989 and thereafter, the
12    Department shall deposit a percentage of the amounts
13    collected pursuant to subsections (a) and (b)(1), (2), and
14    (3) of Section 201 of this Act into a fund in the State
15    treasury known as the Income Tax Refund Fund. The
16    Department shall deposit 6% of such amounts during the
17    period beginning January 1, 1989 and ending on June 30,
18    1989. Beginning with State fiscal year 1990 and for each
19    fiscal year thereafter, the percentage deposited into the
20    Income Tax Refund Fund during a fiscal year shall be the
21    Annual Percentage. For fiscal years 1999 through 2001, the
22    Annual Percentage shall be 7.1%. For fiscal year 2003, the
23    Annual Percentage shall be 8%. For fiscal year 2004, the
24    Annual Percentage shall be 11.7%. Upon the effective date
25    of Public Act 93-839 (July 30, 2004), the Annual Percentage
26    shall be 10% for fiscal year 2005. For fiscal year 2006,

 

 

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1    the Annual Percentage shall be 9.75%. For fiscal year 2007,
2    the Annual Percentage shall be 9.75%. For fiscal year 2008,
3    the Annual Percentage shall be 7.75%. For fiscal year 2009,
4    the Annual Percentage shall be 9.75%. For fiscal year 2010,
5    the Annual Percentage shall be 9.75%. For fiscal year 2011,
6    the Annual Percentage shall be 8.75%. For fiscal year 2012,
7    the Annual Percentage shall be 8.75%. For fiscal year 2013,
8    the Annual Percentage shall be 9.75%. For fiscal year 2014,
9    the Annual Percentage shall be 9.5%. For fiscal year 2015,
10    the Annual Percentage shall be 10%. For fiscal year 2018,
11    the Annual Percentage shall be 9.8%. For fiscal year 2019,
12    the Annual Percentage shall be 9.7%. For fiscal year 2020,
13    the Annual Percentage shall be 9.5%. For all other fiscal
14    years, the Annual Percentage shall be calculated as a
15    fraction, the numerator of which shall be the amount of
16    refunds approved for payment by the Department during the
17    preceding fiscal year as a result of overpayment of tax
18    liability under subsections (a) and (b)(1), (2), and (3) of
19    Section 201 of this Act plus the amount of such refunds
20    remaining approved but unpaid at the end of the preceding
21    fiscal year, minus the amounts transferred into the Income
22    Tax Refund Fund from the Tobacco Settlement Recovery Fund,
23    and the denominator of which shall be the amounts which
24    will be collected pursuant to subsections (a) and (b)(1),
25    (2), and (3) of Section 201 of this Act during the
26    preceding fiscal year; except that in State fiscal year

 

 

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1    2002, the Annual Percentage shall in no event exceed 7.6%.
2    The Director of Revenue shall certify the Annual Percentage
3    to the Comptroller on the last business day of the fiscal
4    year immediately preceding the fiscal year for which it is
5    to be effective.
6        (2) Beginning on January 1, 1989 and thereafter, the
7    Department shall deposit a percentage of the amounts
8    collected pursuant to subsections (a) and (b)(6), (7), and
9    (8), (c) and (d) of Section 201 of this Act into a fund in
10    the State treasury known as the Income Tax Refund Fund. The
11    Department shall deposit 18% of such amounts during the
12    period beginning January 1, 1989 and ending on June 30,
13    1989. Beginning with State fiscal year 1990 and for each
14    fiscal year thereafter, the percentage deposited into the
15    Income Tax Refund Fund during a fiscal year shall be the
16    Annual Percentage. For fiscal years 1999, 2000, and 2001,
17    the Annual Percentage shall be 19%. For fiscal year 2003,
18    the Annual Percentage shall be 27%. For fiscal year 2004,
19    the Annual Percentage shall be 32%. Upon the effective date
20    of Public Act 93-839 (July 30, 2004), the Annual Percentage
21    shall be 24% for fiscal year 2005. For fiscal year 2006,
22    the Annual Percentage shall be 20%. For fiscal year 2007,
23    the Annual Percentage shall be 17.5%. For fiscal year 2008,
24    the Annual Percentage shall be 15.5%. For fiscal year 2009,
25    the Annual Percentage shall be 17.5%. For fiscal year 2010,
26    the Annual Percentage shall be 17.5%. For fiscal year 2011,

 

 

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1    the Annual Percentage shall be 17.5%. For fiscal year 2012,
2    the Annual Percentage shall be 17.5%. For fiscal year 2013,
3    the Annual Percentage shall be 14%. For fiscal year 2014,
4    the Annual Percentage shall be 13.4%. For fiscal year 2015,
5    the Annual Percentage shall be 14%. For fiscal year 2018,
6    the Annual Percentage shall be 17.5%. For fiscal year 2019,
7    the Annual Percentage shall be 15.5%. For fiscal year 2020,
8    the Annual Percentage shall be 14.25%. For all other fiscal
9    years, the Annual Percentage shall be calculated as a
10    fraction, the numerator of which shall be the amount of
11    refunds approved for payment by the Department during the
12    preceding fiscal year as a result of overpayment of tax
13    liability under subsections (a) and (b)(6), (7), and (8),
14    (c) and (d) of Section 201 of this Act plus the amount of
15    such refunds remaining approved but unpaid at the end of
16    the preceding fiscal year, and the denominator of which
17    shall be the amounts which will be collected pursuant to
18    subsections (a) and (b)(6), (7), and (8), (c) and (d) of
19    Section 201 of this Act during the preceding fiscal year;
20    except that in State fiscal year 2002, the Annual
21    Percentage shall in no event exceed 23%. The Director of
22    Revenue shall certify the Annual Percentage to the
23    Comptroller on the last business day of the fiscal year
24    immediately preceding the fiscal year for which it is to be
25    effective.
26        (3) The Comptroller shall order transferred and the

 

 

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1    Treasurer shall transfer from the Tobacco Settlement
2    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
3    in January, 2001, (ii) $35,000,000 in January, 2002, and
4    (iii) $35,000,000 in January, 2003.
5    (d) Expenditures from Income Tax Refund Fund.
6        (1) Beginning January 1, 1989, money in the Income Tax
7    Refund Fund shall be expended exclusively for the purpose
8    of paying refunds resulting from overpayment of tax
9    liability under Section 201 of this Act and for making
10    transfers pursuant to this subsection (d).
11        (2) The Director shall order payment of refunds
12    resulting from overpayment of tax liability under Section
13    201 of this Act from the Income Tax Refund Fund only to the
14    extent that amounts collected pursuant to Section 201 of
15    this Act and transfers pursuant to this subsection (d) and
16    item (3) of subsection (c) have been deposited and retained
17    in the Fund.
18        (3) As soon as possible after the end of each fiscal
19    year, the Director shall order transferred and the State
20    Treasurer and State Comptroller shall transfer from the
21    Income Tax Refund Fund to the Personal Property Tax
22    Replacement Fund an amount, certified by the Director to
23    the Comptroller, equal to the excess of the amount
24    collected pursuant to subsections (c) and (d) of Section
25    201 of this Act deposited into the Income Tax Refund Fund
26    during the fiscal year over the amount of refunds resulting

 

 

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1    from overpayment of tax liability under subsections (c) and
2    (d) of Section 201 of this Act paid from the Income Tax
3    Refund Fund during the fiscal year.
4        (4) As soon as possible after the end of each fiscal
5    year, the Director shall order transferred and the State
6    Treasurer and State Comptroller shall transfer from the
7    Personal Property Tax Replacement Fund to the Income Tax
8    Refund Fund an amount, certified by the Director to the
9    Comptroller, equal to the excess of the amount of refunds
10    resulting from overpayment of tax liability under
11    subsections (c) and (d) of Section 201 of this Act paid
12    from the Income Tax Refund Fund during the fiscal year over
13    the amount collected pursuant to subsections (c) and (d) of
14    Section 201 of this Act deposited into the Income Tax
15    Refund Fund during the fiscal year.
16        (4.5) As soon as possible after the end of fiscal year
17    1999 and of each fiscal year thereafter, the Director shall
18    order transferred and the State Treasurer and State
19    Comptroller shall transfer from the Income Tax Refund Fund
20    to the General Revenue Fund any surplus remaining in the
21    Income Tax Refund Fund as of the end of such fiscal year;
22    excluding for fiscal years 2000, 2001, and 2002 amounts
23    attributable to transfers under item (3) of subsection (c)
24    less refunds resulting from the earned income tax credit.
25        (5) This Act shall constitute an irrevocable and
26    continuing appropriation from the Income Tax Refund Fund

 

 

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1    for the purpose of paying refunds upon the order of the
2    Director in accordance with the provisions of this Section.
3    (e) Deposits into the Education Assistance Fund and the
4Income Tax Surcharge Local Government Distributive Fund. On
5July 1, 1991, and thereafter, of the amounts collected pursuant
6to subsections (a) and (b) of Section 201 of this Act, minus
7deposits into the Income Tax Refund Fund, the Department shall
8deposit 7.3% into the Education Assistance Fund in the State
9Treasury. Beginning July 1, 1991, and continuing through
10January 31, 1993, of the amounts collected pursuant to
11subsections (a) and (b) of Section 201 of the Illinois Income
12Tax Act, minus deposits into the Income Tax Refund Fund, the
13Department shall deposit 3.0% into the Income Tax Surcharge
14Local Government Distributive Fund in the State Treasury.
15Beginning February 1, 1993 and continuing through June 30,
161993, of the amounts collected pursuant to subsections (a) and
17(b) of Section 201 of the Illinois Income Tax Act, minus
18deposits into the Income Tax Refund Fund, the Department shall
19deposit 4.4% into the Income Tax Surcharge Local Government
20Distributive Fund in the State Treasury. Beginning July 1,
211993, and continuing through June 30, 1994, of the amounts
22collected under subsections (a) and (b) of Section 201 of this
23Act, minus deposits into the Income Tax Refund Fund, the
24Department shall deposit 1.475% into the Income Tax Surcharge
25Local Government Distributive Fund in the State Treasury.
26    (f) Deposits into the Fund for the Advancement of

 

 

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1Education. Beginning February 1, 2015, the Department shall
2deposit the following portions of the revenue realized from the
3tax imposed upon individuals, trusts, and estates by
4subsections (a) and (b) of Section 201 of this Act, minus
5deposits into the Income Tax Refund Fund, into the Fund for the
6Advancement of Education:
7        (1) beginning February 1, 2015, and prior to February
8    1, 2025, 1/30; and
9        (2) beginning February 1, 2025, 1/26.
10    If the rate of tax imposed by subsection (a) and (b) of
11Section 201 is reduced pursuant to Section 201.5 of this Act,
12the Department shall not make the deposits required by this
13subsection (f) on or after the effective date of the reduction.
14    (g) Deposits into the Commitment to Human Services Fund.
15Beginning February 1, 2015, the Department shall deposit the
16following portions of the revenue realized from the tax imposed
17upon individuals, trusts, and estates by subsections (a) and
18(b) of Section 201 of this Act, minus deposits into the Income
19Tax Refund Fund, into the Commitment to Human Services Fund:
20        (1) beginning February 1, 2015, and prior to February
21    1, 2025, 1/30; and
22        (2) beginning February 1, 2025, 1/26.
23    If the rate of tax imposed by subsection (a) and (b) of
24Section 201 is reduced pursuant to Section 201.5 of this Act,
25the Department shall not make the deposits required by this
26subsection (g) on or after the effective date of the reduction.

 

 

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1    (h) Deposits into the Tax Compliance and Administration
2Fund. Beginning on the first day of the first calendar month to
3occur on or after August 26, 2014 (the effective date of Public
4Act 98-1098), each month the Department shall pay into the Tax
5Compliance and Administration Fund, to be used, subject to
6appropriation, to fund additional auditors and compliance
7personnel at the Department, an amount equal to 1/12 of 5% of
8the cash receipts collected during the preceding fiscal year by
9the Audit Bureau of the Department from the tax imposed by
10subsections (a), (b), (c), and (d) of Section 201 of this Act,
11net of deposits into the Income Tax Refund Fund made from those
12cash receipts.
13(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23,
14eff. 7-6-17; 100-587, eff. 6-4-18; 100-621, eff. 7-20-18;
15100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; revised 1-8-19.)
 
16    Section 5-65. The Regional Transportation Authority Act is
17amended by changing Section 4.09 as follows:
 
18    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
19    Sec. 4.09. Public Transportation Fund and the Regional
20Transportation Authority Occupation and Use Tax Replacement
21Fund.
22    (a)(1) Except as otherwise provided in paragraph (4), as
23soon as possible after the first day of each month, beginning
24July 1, 1984, upon certification of the Department of Revenue,

 

 

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1the Comptroller shall order transferred and the Treasurer shall
2transfer from the General Revenue Fund to a special fund in the
3State Treasury to be known as the Public Transportation Fund an
4amount equal to 25% of the net revenue, before the deduction of
5the serviceman and retailer discounts pursuant to Section 9 of
6the Service Occupation Tax Act and Section 3 of the Retailers'
7Occupation Tax Act, realized from any tax imposed by the
8Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
9amounts deposited into the Regional Transportation Authority
10tax fund created by Section 4.03 of this Act, from the County
11and Mass Transit District Fund as provided in Section 6z-20 of
12the State Finance Act and 25% of the amounts deposited into the
13Regional Transportation Authority Occupation and Use Tax
14Replacement Fund from the State and Local Sales Tax Reform Fund
15as provided in Section 6z-17 of the State Finance Act. On the
16first day of the month following the date that the Department
17receives revenues from increased taxes under Section 4.03(m) as
18authorized by Public Act 95-708 this amendatory Act of the 95th
19General Assembly, in lieu of the transfers authorized in the
20preceding sentence, upon certification of the Department of
21Revenue, the Comptroller shall order transferred and the
22Treasurer shall transfer from the General Revenue Fund to the
23Public Transportation Fund an amount equal to 25% of the net
24revenue, before the deduction of the serviceman and retailer
25discounts pursuant to Section 9 of the Service Occupation Tax
26Act and Section 3 of the Retailers' Occupation Tax Act,

 

 

10100SB1814ham001- 166 -LRB101 09785 JWD 61498 a

1realized from (i) 80% of the proceeds of any tax imposed by the
2Authority at a rate of 1.25% in Cook County, (ii) 75% of the
3proceeds of any tax imposed by the Authority at the rate of 1%
4in Cook County, and (iii) one-third of the proceeds of any tax
5imposed by the Authority at the rate of 0.75% in the Counties
6of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
7Section 4.03, and 25% of the net revenue realized from any tax
8imposed by the Authority pursuant to Section 4.03.1, and 25% of
9the amounts deposited into the Regional Transportation
10Authority tax fund created by Section 4.03 of this Act from the
11County and Mass Transit District Fund as provided in Section
126z-20 of the State Finance Act, and 25% of the amounts
13deposited into the Regional Transportation Authority
14Occupation and Use Tax Replacement Fund from the State and
15Local Sales Tax Reform Fund as provided in Section 6z-17 of the
16State Finance Act. As used in this Section, net revenue
17realized for a month shall be the revenue collected by the
18State pursuant to Sections 4.03 and 4.03.1 during the previous
19month from within the metropolitan region, less the amount paid
20out during that same month as refunds to taxpayers for
21overpayment of liability in the metropolitan region under
22Sections 4.03 and 4.03.1.
23    Notwithstanding any provision of law to the contrary,
24beginning on July 6, 2017 (the effective date of Public Act
25100-23) this amendatory Act of the 100th General Assembly,
26those amounts required under this paragraph (1) of subsection

 

 

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1(a) to be transferred by the Treasurer into the Public
2Transportation Fund from the General Revenue Fund shall be
3directly deposited into the Public Transportation Fund as the
4revenues are realized from the taxes indicated.
5    (2) Except as otherwise provided in paragraph (4), on
6February 1, 2009 (the first day of the month following the
7effective date of Public Act 95-708) this amendatory Act of the
895th General Assembly and each month thereafter, upon
9certification by the Department of Revenue, the Comptroller
10shall order transferred and the Treasurer shall transfer from
11the General Revenue Fund to the Public Transportation Fund an
12amount equal to 5% of the net revenue, before the deduction of
13the serviceman and retailer discounts pursuant to Section 9 of
14the Service Occupation Tax Act and Section 3 of the Retailers'
15Occupation Tax Act, realized from any tax imposed by the
16Authority pursuant to Sections 4.03 and 4.03.1 and certified by
17the Department of Revenue under Section 4.03(n) of this Act to
18be paid to the Authority and 5% of the amounts deposited into
19the Regional Transportation Authority tax fund created by
20Section 4.03 of this Act from the County and Mass Transit
21District Fund as provided in Section 6z-20 of the State Finance
22Act, and 5% of the amounts deposited into the Regional
23Transportation Authority Occupation and Use Tax Replacement
24Fund from the State and Local Sales Tax Reform Fund as provided
25in Section 6z-17 of the State Finance Act, and 5% of the
26revenue realized by the Chicago Transit Authority as financial

 

 

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1assistance from the City of Chicago from the proceeds of any
2tax imposed by the City of Chicago under Section 8-3-19 of the
3Illinois Municipal Code.
4    Notwithstanding any provision of law to the contrary,
5beginning on July 6, 2017 (the effective date of Public Act
6100-23), those amounts required under this paragraph (2) of
7subsection (a) to be transferred by the Treasurer into the
8Public Transportation Fund from the General Revenue Fund shall
9be directly deposited into the Public Transportation Fund as
10the revenues are realized from the taxes indicated.
11    (3) Except as otherwise provided in paragraph (4), as soon
12as possible after the first day of January, 2009 and each month
13thereafter, upon certification of the Department of Revenue
14with respect to the taxes collected under Section 4.03, the
15Comptroller shall order transferred and the Treasurer shall
16transfer from the General Revenue Fund to the Public
17Transportation Fund an amount equal to 25% of the net revenue,
18before the deduction of the serviceman and retailer discounts
19pursuant to Section 9 of the Service Occupation Tax Act and
20Section 3 of the Retailers' Occupation Tax Act, realized from
21(i) 20% of the proceeds of any tax imposed by the Authority at
22a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
23tax imposed by the Authority at the rate of 1% in Cook County,
24and (iii) one-third of the proceeds of any tax imposed by the
25Authority at the rate of 0.75% in the Counties of DuPage, Kane,
26Lake, McHenry, and Will, all pursuant to Section 4.03, and the

 

 

10100SB1814ham001- 169 -LRB101 09785 JWD 61498 a

1Comptroller shall order transferred and the Treasurer shall
2transfer from the General Revenue Fund to the Public
3Transportation Fund (iv) an amount equal to 25% of the revenue
4realized by the Chicago Transit Authority as financial
5assistance from the City of Chicago from the proceeds of any
6tax imposed by the City of Chicago under Section 8-3-19 of the
7Illinois Municipal Code.
8    Notwithstanding any provision of law to the contrary,
9beginning on July 6, 2017 (the effective date of Public Act
10100-23), those amounts required under this paragraph (3) of
11subsection (a) to be transferred by the Treasurer into the
12Public Transportation Fund from the General Revenue Fund shall
13be directly deposited into the Public Transportation Fund as
14the revenues are realized from the taxes indicated.
15    (4) Notwithstanding any provision of law to the contrary,
16of the transfers to be made under paragraphs (1), (2), and (3)
17of this subsection (a) from the General Revenue Fund to the
18Public Transportation Fund, the first $150,000,000
19$100,000,000 that would have otherwise been transferred from
20the General Revenue Fund shall be transferred from the Road
21Fund. The remaining balance of such transfers shall be made
22from the General Revenue Fund.
23    (5) (Blank). For State fiscal year 2018 only,
24notwithstanding any provision of law to the contrary, the total
25amount of revenue and deposits under this subsection (a)
26attributable to revenues realized during State fiscal year 2018

 

 

10100SB1814ham001- 170 -LRB101 09785 JWD 61498 a

1shall be reduced by 10%.
2    (6) (Blank). For State fiscal year 2019 only,
3notwithstanding any provision of law to the contrary, the total
4amount of revenue and deposits under this Section attributable
5to revenues realized during State fiscal year 2019 shall be
6reduced by 5%.
7    (7) For State fiscal year 2020 only, notwithstanding any
8provision of law to the contrary, the total amount of revenue
9and deposits under this Section attributable to revenues
10realized during State fiscal year 2020 shall be reduced by 5%.
11    (b)(1) All moneys deposited in the Public Transportation
12Fund and the Regional Transportation Authority Occupation and
13Use Tax Replacement Fund, whether deposited pursuant to this
14Section or otherwise, are allocated to the Authority, except
15for amounts appropriated to the Office of the Executive
16Inspector General as authorized by subsection (h) of Section
174.03.3 and amounts transferred to the Audit Expense Fund
18pursuant to Section 6z-27 of the State Finance Act. The
19Comptroller, as soon as possible after each monthly transfer
20provided in this Section and after each deposit into the Public
21Transportation Fund, shall order the Treasurer to pay to the
22Authority out of the Public Transportation Fund the amount so
23transferred or deposited. Any Additional State Assistance and
24Additional Financial Assistance paid to the Authority under
25this Section shall be expended by the Authority for its
26purposes as provided in this Act. The balance of the amounts

 

 

10100SB1814ham001- 171 -LRB101 09785 JWD 61498 a

1paid to the Authority from the Public Transportation Fund shall
2be expended by the Authority as provided in Section 4.03.3. The
3Comptroller, as soon as possible after each deposit into the
4Regional Transportation Authority Occupation and Use Tax
5Replacement Fund provided in this Section and Section 6z-17 of
6the State Finance Act, shall order the Treasurer to pay to the
7Authority out of the Regional Transportation Authority
8Occupation and Use Tax Replacement Fund the amount so
9deposited. Such amounts paid to the Authority may be expended
10by it for its purposes as provided in this Act. The provisions
11directing the distributions from the Public Transportation
12Fund and the Regional Transportation Authority Occupation and
13Use Tax Replacement Fund provided for in this Section shall
14constitute an irrevocable and continuing appropriation of all
15amounts as provided herein. The State Treasurer and State
16Comptroller are hereby authorized and directed to make
17distributions as provided in this Section. (2) Provided,
18however, no moneys deposited under subsection (a) of this
19Section shall be paid from the Public Transportation Fund to
20the Authority or its assignee for any fiscal year until the
21Authority has certified to the Governor, the Comptroller, and
22the Mayor of the City of Chicago that it has adopted for that
23fiscal year an Annual Budget and Two-Year Financial Plan
24meeting the requirements in Section 4.01(b).
25    (c) In recognition of the efforts of the Authority to
26enhance the mass transportation facilities under its control,

 

 

10100SB1814ham001- 172 -LRB101 09785 JWD 61498 a

1the State shall provide financial assistance ("Additional
2State Assistance") in excess of the amounts transferred to the
3Authority from the General Revenue Fund under subsection (a) of
4this Section. Additional State Assistance shall be calculated
5as provided in subsection (d), but shall in no event exceed the
6following specified amounts with respect to the following State
7fiscal years:
8        1990$5,000,000;
9        1991$5,000,000;
10        1992$10,000,000;
11        1993$10,000,000;
12        1994$20,000,000;
13        1995$30,000,000;
14        1996$40,000,000;
15        1997$50,000,000;
16        1998$55,000,000; and
17        each year thereafter$55,000,000.
18    (c-5) The State shall provide financial assistance
19("Additional Financial Assistance") in addition to the
20Additional State Assistance provided by subsection (c) and the
21amounts transferred to the Authority from the General Revenue
22Fund under subsection (a) of this Section. Additional Financial
23Assistance provided by this subsection shall be calculated as
24provided in subsection (d), but shall in no event exceed the
25following specified amounts with respect to the following State
26fiscal years:

 

 

10100SB1814ham001- 173 -LRB101 09785 JWD 61498 a

1        2000$0;
2        2001$16,000,000;
3        2002$35,000,000;
4        2003$54,000,000;
5        2004$73,000,000;
6        2005$93,000,000; and
7        each year thereafter$100,000,000.
8    (d) Beginning with State fiscal year 1990 and continuing
9for each State fiscal year thereafter, the Authority shall
10annually certify to the State Comptroller and State Treasurer,
11separately with respect to each of subdivisions (g)(2) and
12(g)(3) of Section 4.04 of this Act, the following amounts:
13        (1) The amount necessary and required, during the State
14    fiscal year with respect to which the certification is
15    made, to pay its obligations for debt service on all
16    outstanding bonds or notes issued by the Authority under
17    subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
18        (2) An estimate of the amount necessary and required to
19    pay its obligations for debt service for any bonds or notes
20    which the Authority anticipates it will issue under
21    subdivisions (g)(2) and (g)(3) of Section 4.04 during that
22    State fiscal year.
23        (3) Its debt service savings during the preceding State
24    fiscal year from refunding or advance refunding of bonds or
25    notes issued under subdivisions (g)(2) and (g)(3) of
26    Section 4.04.

 

 

10100SB1814ham001- 174 -LRB101 09785 JWD 61498 a

1        (4) The amount of interest, if any, earned by the
2    Authority during the previous State fiscal year on the
3    proceeds of bonds or notes issued pursuant to subdivisions
4    (g)(2) and (g)(3) of Section 4.04, other than refunding or
5    advance refunding bonds or notes.
6    The certification shall include a specific schedule of debt
7service payments, including the date and amount of each payment
8for all outstanding bonds or notes and an estimated schedule of
9anticipated debt service for all bonds and notes it intends to
10issue, if any, during that State fiscal year, including the
11estimated date and estimated amount of each payment.
12    Immediately upon the issuance of bonds for which an
13estimated schedule of debt service payments was prepared, the
14Authority shall file an amended certification with respect to
15item (2) above, to specify the actual schedule of debt service
16payments, including the date and amount of each payment, for
17the remainder of the State fiscal year.
18    On the first day of each month of the State fiscal year in
19which there are bonds outstanding with respect to which the
20certification is made, the State Comptroller shall order
21transferred and the State Treasurer shall transfer from the
22Road Fund to the Public Transportation Fund the Additional
23State Assistance and Additional Financial Assistance in an
24amount equal to the aggregate of (i) one-twelfth of the sum of
25the amounts certified under items (1) and (3) above less the
26amount certified under item (4) above, plus (ii) the amount

 

 

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1required to pay debt service on bonds and notes issued during
2the fiscal year, if any, divided by the number of months
3remaining in the fiscal year after the date of issuance, or
4some smaller portion as may be necessary under subsection (c)
5or (c-5) of this Section for the relevant State fiscal year,
6plus (iii) any cumulative deficiencies in transfers for prior
7months, until an amount equal to the sum of the amounts
8certified under items (1) and (3) above, plus the actual debt
9service certified under item (2) above, less the amount
10certified under item (4) above, has been transferred; except
11that these transfers are subject to the following limits:
12        (A) In no event shall the total transfers in any State
13    fiscal year relating to outstanding bonds and notes issued
14    by the Authority under subdivision (g)(2) of Section 4.04
15    exceed the lesser of the annual maximum amount specified in
16    subsection (c) or the sum of the amounts certified under
17    items (1) and (3) above, plus the actual debt service
18    certified under item (2) above, less the amount certified
19    under item (4) above, with respect to those bonds and
20    notes.
21        (B) In no event shall the total transfers in any State
22    fiscal year relating to outstanding bonds and notes issued
23    by the Authority under subdivision (g)(3) of Section 4.04
24    exceed the lesser of the annual maximum amount specified in
25    subsection (c-5) or the sum of the amounts certified under
26    items (1) and (3) above, plus the actual debt service

 

 

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1    certified under item (2) above, less the amount certified
2    under item (4) above, with respect to those bonds and
3    notes.
4    The term "outstanding" does not include bonds or notes for
5which refunding or advance refunding bonds or notes have been
6issued.
7    (e) Neither Additional State Assistance nor Additional
8Financial Assistance may be pledged, either directly or
9indirectly as general revenues of the Authority, as security
10for any bonds issued by the Authority. The Authority may not
11assign its right to receive Additional State Assistance or
12Additional Financial Assistance, or direct payment of
13Additional State Assistance or Additional Financial
14Assistance, to a trustee or any other entity for the payment of
15debt service on its bonds.
16    (f) The certification required under subsection (d) with
17respect to outstanding bonds and notes of the Authority shall
18be filed as early as practicable before the beginning of the
19State fiscal year to which it relates. The certification shall
20be revised as may be necessary to accurately state the debt
21service requirements of the Authority.
22    (g) Within 6 months of the end of each fiscal year, the
23Authority shall determine:
24        (i) whether the aggregate of all system generated
25    revenues for public transportation in the metropolitan
26    region which is provided by, or under grant or purchase of

 

 

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1    service contracts with, the Service Boards equals 50% of
2    the aggregate of all costs of providing such public
3    transportation. "System generated revenues" include all
4    the proceeds of fares and charges for services provided,
5    contributions received in connection with public
6    transportation from units of local government other than
7    the Authority, except for contributions received by the
8    Chicago Transit Authority from a real estate transfer tax
9    imposed under subsection (i) of Section 8-3-19 of the
10    Illinois Municipal Code, and from the State pursuant to
11    subsection (i) of Section 2705-305 of the Department of
12    Transportation Law (20 ILCS 2705/2705-305), and all other
13    revenues properly included consistent with generally
14    accepted accounting principles but may not include: the
15    proceeds from any borrowing, and, beginning with the 2007
16    fiscal year, all revenues and receipts, including but not
17    limited to fares and grants received from the federal,
18    State or any unit of local government or other entity,
19    derived from providing ADA paratransit service pursuant to
20    Section 2.30 of the Regional Transportation Authority Act.
21    "Costs" include all items properly included as operating
22    costs consistent with generally accepted accounting
23    principles, including administrative costs, but do not
24    include: depreciation; payment of principal and interest
25    on bonds, notes or other evidences of obligations for
26    borrowed money of the Authority; payments with respect to

 

 

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1    public transportation facilities made pursuant to
2    subsection (b) of Section 2.20; any payments with respect
3    to rate protection contracts, credit enhancements or
4    liquidity agreements made under Section 4.14; any other
5    cost as to which it is reasonably expected that a cash
6    expenditure will not be made; costs for passenger security
7    including grants, contracts, personnel, equipment and
8    administrative expenses, except in the case of the Chicago
9    Transit Authority, in which case the term does not include
10    costs spent annually by that entity for protection against
11    crime as required by Section 27a of the Metropolitan
12    Transit Authority Act; the costs of Debt Service paid by
13    the Chicago Transit Authority, as defined in Section 12c of
14    the Metropolitan Transit Authority Act, or bonds or notes
15    issued pursuant to that Section; the payment by the
16    Commuter Rail Division of debt service on bonds issued
17    pursuant to Section 3B.09; expenses incurred by the
18    Suburban Bus Division for the cost of new public
19    transportation services funded from grants pursuant to
20    Section 2.01e of this amendatory Act of the 95th General
21    Assembly for a period of 2 years from the date of
22    initiation of each such service; costs as exempted by the
23    Board for projects pursuant to Section 2.09 of this Act;
24    or, beginning with the 2007 fiscal year, expenses related
25    to providing ADA paratransit service pursuant to Section
26    2.30 of the Regional Transportation Authority Act; or in

 

 

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1    fiscal years 2008 through 2012 inclusive, costs in the
2    amount of $200,000,000 in fiscal year 2008, reducing by
3    $40,000,000 in each fiscal year thereafter until this
4    exemption is eliminated. If said system generated revenues
5    are less than 50% of said costs, the Board shall remit an
6    amount equal to the amount of the deficit to the State. The
7    Treasurer shall deposit any such payment in the Road Fund;
8    and
9        (ii) whether, beginning with the 2007 fiscal year, the
10    aggregate of all fares charged and received for ADA
11    paratransit services equals the system generated ADA
12    paratransit services revenue recovery ratio percentage of
13    the aggregate of all costs of providing such ADA
14    paratransit services.
15    (h) If the Authority makes any payment to the State under
16paragraph (g), the Authority shall reduce the amount provided
17to a Service Board from funds transferred under paragraph (a)
18in proportion to the amount by which that Service Board failed
19to meet its required system generated revenues recovery ratio.
20A Service Board which is affected by a reduction in funds under
21this paragraph shall submit to the Authority concurrently with
22its next due quarterly report a revised budget incorporating
23the reduction in funds. The revised budget must meet the
24criteria specified in clauses (i) through (vi) of Section
254.11(b)(2). The Board shall review and act on the revised
26budget as provided in Section 4.11(b)(3).

 

 

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1(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
2    Section 5-70. The School Code is amended by changing
3Sections 3-16 and 18-8.15 and by adding Sections 2-3.176,
42-3.177, 2-3.178, and 14-7.02c as follows:
 
5    (105 ILCS 5/2-3.176 new)
6    Sec. 2-3.176. Transfers to Governor's Grant Fund. In
7addition to any other transfers that may be provided for by
8law, the State Comptroller shall direct and the State Treasurer
9shall transfer from the SBE Federal Agency Services Fund and
10the SBE Federal Department of Education Fund into the
11Governor's Grant Fund such amounts as may be directed in
12writing by the State Board of Education.
 
13    (105 ILCS 5/2-3.177 new)
14    Sec. 2-3.177. Transfers to DHS Special Purposes Trust Fund.
15In addition to any other transfers that may be provided for by
16law, the State Comptroller shall direct and the State Treasurer
17shall transfer from the SBE Federal Agency Services Fund into
18the DHS Special Purposes Trust Fund such amounts as may be
19directed in writing by the State Board of Education.
 
20    (105 ILCS 5/2-3.178 new)
21    Sec. 2-3.178. K-12 Recycling Grant Program.
22    (a) Subject to appropriation, the State Board of Education

 

 

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1must create and administer the K-12 Recycling Grant Program to
2provide grants to school districts for the implementation or
3improvement of a school's recycling program. A school district
4that applies for a grant under this Section may receive a
5maximum grant amount of $5,000 per school in that district and
6may use the grant funds only to implement or improve a school's
7recycling program.
8    (b) The State Board must adopt rules to implement this
9Section.
 
10    (105 ILCS 5/3-16)
11    Sec. 3-16. Grants to alternative schools, safe schools, and
12alternative learning opportunities programs. The State Board
13of Education, subject to appropriation, shall award grants to
14alternative schools, safe schools, and alternative learning
15opportunities programs operated by a regional office of
16education. For fiscal year 2018, to To calculate grant amounts
17to the programs operated by regional offices of education, the
18State Board shall calculate an amount equal to the greater of
19the regional program's best 3 months of average daily
20attendance for the 2016-2017 school year or the average of the
21best 3 months of average daily attendance for the 2014-2015
22school year through the 2016-2017 school year, multiplied by
23the amount of $6,119. For fiscal year 2019, to calculate grant
24amounts to the programs operated by regional offices of
25education, the State Board shall calculate an amount equal to

 

 

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1the greater of the regional program's best 3 months of average
2daily attendance for the 2017-2018 school year or the average
3of the best 3 months of average daily attendance for the
42015-2016 school year through the 2017-2018 school year,
5multiplied by the amount of $6,119. These amounts This amount
6shall be termed the "Regional Program Increased Enrollment
7Recognition". If the amount of the Regional Program Increased
8Enrollment Recognition is greater than the amount of the
9regional office of education program's Base Funding Minimum for
10fiscal year 2018 or fiscal year 2019, calculated under Section
1118-8.15, then the State Board of Education shall pay the
12regional program a grant equal to the difference between the
13regional program's Regional Program Increased Enrollment
14Recognition and the Base Funding Minimum for fiscal year 2018
15or fiscal year 2019, respectively. Nothing in this Section
16shall be construed to alter any payments or calculations under
17Section 18-8.15.
18(Source: P.A. 100-587, eff. 6-4-18.)
 
19    (105 ILCS 5/14-7.02c new)
20    Sec. 14-7.02c. Private therapeutic day schools; student
21enrollment data. The Illinois Purchased Care Review Board must
22accept amended student enrollment data from special education
23private therapeutic day schools that have specialized
24contractual agreements with a school district having a
25population exceeding 500,000 inhabitants in the 2016-2017 and

 

 

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12017-2018 school years. The amended student enrollment data
2must be based on actual monthly enrollment days where a student
3placed by the school district was formally enrolled and began
4to receive services through the last date he or she was
5formally exited from the therapeutic day school. All enrolled
6days must be confined to the official beginning and end dates
7of the therapeutic day school's official calendar on file with
8the State Board of Education. In no instance may the amended
9enrollment be further reduced to account for student absences.
10A school district having a population of 500,000 or less
11inhabitants must be billed at the per diem rate approved by the
12Illinois Purchased Care Review Board based on days enrolled as
13prescribed in Section 900.330 of Title 89 of the Illinois
14Administrative Code.
 
15    (105 ILCS 5/18-8.15)
16    Sec. 18-8.15. Evidence-based funding for student success
17for the 2017-2018 and subsequent school years.
18    (a) General provisions.
19        (1) The purpose of this Section is to ensure that, by
20    June 30, 2027 and beyond, this State has a kindergarten
21    through grade 12 public education system with the capacity
22    to ensure the educational development of all persons to the
23    limits of their capacities in accordance with Section 1 of
24    Article X of the Constitution of the State of Illinois. To
25    accomplish that objective, this Section creates a method of

 

 

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1    funding public education that is evidence-based; is
2    sufficient to ensure every student receives a meaningful
3    opportunity to learn irrespective of race, ethnicity,
4    sexual orientation, gender, or community-income level; and
5    is sustainable and predictable. When fully funded under
6    this Section, every school shall have the resources, based
7    on what the evidence indicates is needed, to:
8            (A) provide all students with a high quality
9        education that offers the academic, enrichment, social
10        and emotional support, technical, and career-focused
11        programs that will allow them to become competitive
12        workers, responsible parents, productive citizens of
13        this State, and active members of our national
14        democracy;
15            (B) ensure all students receive the education they
16        need to graduate from high school with the skills
17        required to pursue post-secondary education and
18        training for a rewarding career;
19            (C) reduce, with a goal of eliminating, the
20        achievement gap between at-risk and non-at-risk
21        students by raising the performance of at-risk
22        students and not by reducing standards; and
23            (D) ensure this State satisfies its obligation to
24        assume the primary responsibility to fund public
25        education and simultaneously relieve the
26        disproportionate burden placed on local property taxes

 

 

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1        to fund schools.
2        (2) The evidence-based funding formula under this
3    Section shall be applied to all Organizational Units in
4    this State. The evidence-based funding formula outlined in
5    this Act is based on the formula outlined in Senate Bill 1
6    of the 100th General Assembly, as passed by both
7    legislative chambers. As further defined and described in
8    this Section, there are 4 major components of the
9    evidence-based funding model:
10            (A) First, the model calculates a unique adequacy
11        target for each Organizational Unit in this State that
12        considers the costs to implement research-based
13        activities, the unit's student demographics, and
14        regional wage difference.
15            (B) Second, the model calculates each
16        Organizational Unit's local capacity, or the amount
17        each Organizational Unit is assumed to contribute
18        towards its adequacy target from local resources.
19            (C) Third, the model calculates how much funding
20        the State currently contributes to the Organizational
21        Unit, and adds that to the unit's local capacity to
22        determine the unit's overall current adequacy of
23        funding.
24            (D) Finally, the model's distribution method
25        allocates new State funding to those Organizational
26        Units that are least well-funded, considering both

 

 

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1        local capacity and State funding, in relation to their
2        adequacy target.
3        (3) An Organizational Unit receiving any funding under
4    this Section may apply those funds to any fund so received
5    for which that Organizational Unit is authorized to make
6    expenditures by law.
7        (4) As used in this Section, the following terms shall
8    have the meanings ascribed in this paragraph (4):
9        "Adequacy Target" is defined in paragraph (1) of
10    subsection (b) of this Section.
11        "Adjusted EAV" is defined in paragraph (4) of
12    subsection (d) of this Section.
13        "Adjusted Local Capacity Target" is defined in
14    paragraph (3) of subsection (c) of this Section.
15        "Adjusted Operating Tax Rate" means a tax rate for all
16    Organizational Units, for which the State Superintendent
17    shall calculate and subtract for the Operating Tax Rate a
18    transportation rate based on total expenses for
19    transportation services under this Code, as reported on the
20    most recent Annual Financial Report in Pupil
21    Transportation Services, function 2550 in both the
22    Education and Transportation funds and functions 4110 and
23    4120 in the Transportation fund, less any corresponding
24    fiscal year State of Illinois scheduled payments excluding
25    net adjustments for prior years for regular, vocational, or
26    special education transportation reimbursement pursuant to

 

 

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1    Section 29-5 or subsection (b) of Section 14-13.01 of this
2    Code divided by the Adjusted EAV. If an Organizational
3    Unit's corresponding fiscal year State of Illinois
4    scheduled payments excluding net adjustments for prior
5    years for regular, vocational, or special education
6    transportation reimbursement pursuant to Section 29-5 or
7    subsection (b) of Section 14-13.01 of this Code exceed the
8    total transportation expenses, as defined in this
9    paragraph, no transportation rate shall be subtracted from
10    the Operating Tax Rate.
11        "Allocation Rate" is defined in paragraph (3) of
12    subsection (g) of this Section.
13        "Alternative School" means a public school that is
14    created and operated by a regional superintendent of
15    schools and approved by the State Board.
16        "Applicable Tax Rate" is defined in paragraph (1) of
17    subsection (d) of this Section.
18        "Assessment" means any of those benchmark, progress
19    monitoring, formative, diagnostic, and other assessments,
20    in addition to the State accountability assessment, that
21    assist teachers' needs in understanding the skills and
22    meeting the needs of the students they serve.
23        "Assistant principal" means a school administrator
24    duly endorsed to be employed as an assistant principal in
25    this State.
26        "At-risk student" means a student who is at risk of not

 

 

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1    meeting the Illinois Learning Standards or not graduating
2    from elementary or high school and who demonstrates a need
3    for vocational support or social services beyond that
4    provided by the regular school program. All students
5    included in an Organizational Unit's Low-Income Count, as
6    well as all English learner and disabled students attending
7    the Organizational Unit, shall be considered at-risk
8    students under this Section.
9        "Average Student Enrollment" or "ASE" for fiscal year
10    2018 means, for an Organizational Unit, the greater of the
11    average number of students (grades K through 12) reported
12    to the State Board as enrolled in the Organizational Unit
13    on October 1 in the immediately preceding school year, plus
14    the pre-kindergarten students who receive special
15    education services of 2 or more hours a day as reported to
16    the State Board on December 1 in the immediately preceding
17    school year, or the average number of students (grades K
18    through 12) reported to the State Board as enrolled in the
19    Organizational Unit on October 1, plus the
20    pre-kindergarten students who receive special education
21    services of 2 or more hours a day as reported to the State
22    Board on December 1, for each of the immediately preceding
23    3 school years. For fiscal year 2019 and each subsequent
24    fiscal year, "Average Student Enrollment" or "ASE" means,
25    for an Organizational Unit, the greater of the average
26    number of students (grades K through 12) reported to the

 

 

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1    State Board as enrolled in the Organizational Unit on
2    October 1 and March 1 in the immediately preceding school
3    year, plus the pre-kindergarten students who receive
4    special education services as reported to the State Board
5    on October 1 and March 1 in the immediately preceding
6    school year, or the average number of students (grades K
7    through 12) reported to the State Board as enrolled in the
8    Organizational Unit on October 1 and March 1, plus the
9    pre-kindergarten students who receive special education
10    services as reported to the State Board on October 1 and
11    March 1, for each of the immediately preceding 3 school
12    years. For the purposes of this definition, "enrolled in
13    the Organizational Unit" means the number of students
14    reported to the State Board who are enrolled in schools
15    within the Organizational Unit that the student attends or
16    would attend if not placed or transferred to another school
17    or program to receive needed services. For the purposes of
18    calculating "ASE", all students, grades K through 12,
19    excluding those attending kindergarten for a half day and
20    students attending an alternative education program
21    operated by a regional office of education or intermediate
22    service center, shall be counted as 1.0. All students
23    attending kindergarten for a half day shall be counted as
24    0.5, unless in 2017 by June 15 or by March 1 in subsequent
25    years, the school district reports to the State Board of
26    Education the intent to implement full-day kindergarten

 

 

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1    district-wide for all students, then all students
2    attending kindergarten shall be counted as 1.0. Special
3    education pre-kindergarten students shall be counted as
4    0.5 each. If the State Board does not collect or has not
5    collected both an October 1 and March 1 enrollment count by
6    grade or a December 1 collection of special education
7    pre-kindergarten students as of the effective date of this
8    amendatory Act of the 100th General Assembly, it shall
9    establish such collection for all future years. For any
10    year where a count by grade level was collected only once,
11    that count shall be used as the single count available for
12    computing a 3-year average ASE. Funding for programs
13    operated by a regional office of education or an
14    intermediate service center must be calculated using the
15    evidence-based funding formula under this Section for the
16    2019-2020 school year and each subsequent school year until
17    separate adequacy formulas are developed and adopted for
18    each type of program. ASE for a program operated by a
19    regional office of education or an intermediate service
20    center must be determined by the March 1 enrollment for the
21    program. For the 2019-2020 school year, the ASE used in the
22    calculation must be the first-year ASE and, in that year
23    only, the assignment of students served by a regional
24    office of education or intermediate service center shall
25    not result in a reduction of the March enrollment for any
26    school district. For the 2020-2021 school year, the ASE

 

 

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1    must be the greater of the current-year ASE or the 2-year
2    average ASE. Beginning with the 2021-2022 school year, the
3    ASE must be the greater of the current-year ASE or the
4    3-year average ASE. School districts shall submit the data
5    for the ASE calculation to the State Board within 45 days
6    of the dates required in this Section for submission of
7    enrollment data in order for it to be included in the ASE
8    calculation. For fiscal year 2018 only, the ASE calculation
9    shall include only enrollment taken on October 1.
10        "Base Funding Guarantee" is defined in paragraph (10)
11    of subsection (g) of this Section.
12        "Base Funding Minimum" is defined in subsection (e) of
13    this Section.
14        "Base Tax Year" means the property tax levy year used
15    to calculate the Budget Year allocation of primary State
16    aid.
17        "Base Tax Year's Extension" means the product of the
18    equalized assessed valuation utilized by the county clerk
19    in the Base Tax Year multiplied by the limiting rate as
20    calculated by the county clerk and defined in PTELL.
21        "Bilingual Education Allocation" means the amount of
22    an Organizational Unit's final Adequacy Target
23    attributable to bilingual education divided by the
24    Organizational Unit's final Adequacy Target, the product
25    of which shall be multiplied by the amount of new funding
26    received pursuant to this Section. An Organizational

 

 

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1    Unit's final Adequacy Target attributable to bilingual
2    education shall include all additional investments in
3    English learner students' adequacy elements.
4        "Budget Year" means the school year for which primary
5    State aid is calculated and awarded under this Section.
6        "Central office" means individual administrators and
7    support service personnel charged with managing the
8    instructional programs, business and operations, and
9    security of the Organizational Unit.
10        "Comparable Wage Index" or "CWI" means a regional cost
11    differentiation metric that measures systemic, regional
12    variations in the salaries of college graduates who are not
13    educators. The CWI utilized for this Section shall, for the
14    first 3 years of Evidence-Based Funding implementation, be
15    the CWI initially developed by the National Center for
16    Education Statistics, as most recently updated by Texas A &
17    M University. In the fourth and subsequent years of
18    Evidence-Based Funding implementation, the State
19    Superintendent shall re-determine the CWI using a similar
20    methodology to that identified in the Texas A & M
21    University study, with adjustments made no less frequently
22    than once every 5 years.
23        "Computer technology and equipment" means computers
24    servers, notebooks, network equipment, copiers, printers,
25    instructional software, security software, curriculum
26    management courseware, and other similar materials and

 

 

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1    equipment.
2        "Computer technology and equipment investment
3    allocation" means the final Adequacy Target amount of an
4    Organizational Unit assigned to Tier 1 or Tier 2 in the
5    prior school year attributable to the additional $285.50
6    per student computer technology and equipment investment
7    grant divided by the Organizational Unit's final Adequacy
8    Target, the result of which shall be multiplied by the
9    amount of new funding received pursuant to this Section. An
10    Organizational Unit assigned to a Tier 1 or Tier 2 final
11    Adequacy Target attributable to the received computer
12    technology and equipment investment grant shall include
13    all additional investments in computer technology and
14    equipment adequacy elements.
15        "Core subject" means mathematics; science; reading,
16    English, writing, and language arts; history and social
17    studies; world languages; and subjects taught as Advanced
18    Placement in high schools.
19        "Core teacher" means a regular classroom teacher in
20    elementary schools and teachers of a core subject in middle
21    and high schools.
22        "Core Intervention teacher (tutor)" means a licensed
23    teacher providing one-on-one or small group tutoring to
24    students struggling to meet proficiency in core subjects.
25        "CPPRT" means corporate personal property replacement
26    tax funds paid to an Organizational Unit during the

 

 

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1    calendar year one year before the calendar year in which a
2    school year begins, pursuant to "An Act in relation to the
3    abolition of ad valorem personal property tax and the
4    replacement of revenues lost thereby, and amending and
5    repealing certain Acts and parts of Acts in connection
6    therewith", certified August 14, 1979, as amended (Public
7    Act 81-1st S.S.-1).
8        "EAV" means equalized assessed valuation as defined in
9    paragraph (2) of subsection (d) of this Section and
10    calculated in accordance with paragraph (3) of subsection
11    (d) of this Section.
12        "ECI" means the Bureau of Labor Statistics' national
13    employment cost index for civilian workers in educational
14    services in elementary and secondary schools on a
15    cumulative basis for the 12-month calendar year preceding
16    the fiscal year of the Evidence-Based Funding calculation.
17        "EIS Data" means the employment information system
18    data maintained by the State Board on educators within
19    Organizational Units.
20        "Employee benefits" means health, dental, and vision
21    insurance offered to employees of an Organizational Unit,
22    the costs associated with statutorily required payment of
23    the normal cost of the Organizational Unit's teacher
24    pensions, Social Security employer contributions, and
25    Illinois Municipal Retirement Fund employer contributions.
26        "English learner" or "EL" means a child included in the

 

 

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1    definition of "English learners" under Section 14C-2 of
2    this Code participating in a program of transitional
3    bilingual education or a transitional program of
4    instruction meeting the requirements and program
5    application procedures of Article 14C of this Code. For the
6    purposes of collecting the number of EL students enrolled,
7    the same collection and calculation methodology as defined
8    above for "ASE" shall apply to English learners, with the
9    exception that EL student enrollment shall include
10    students in grades pre-kindergarten through 12.
11        "Essential Elements" means those elements, resources,
12    and educational programs that have been identified through
13    academic research as necessary to improve student success,
14    improve academic performance, close achievement gaps, and
15    provide for other per student costs related to the delivery
16    and leadership of the Organizational Unit, as well as the
17    maintenance and operations of the unit, and which are
18    specified in paragraph (2) of subsection (b) of this
19    Section.
20        "Evidence-Based Funding" means State funding provided
21    to an Organizational Unit pursuant to this Section.
22        "Extended day" means academic and enrichment programs
23    provided to students outside the regular school day before
24    and after school or during non-instructional times during
25    the school day.
26        "Extension Limitation Ratio" means a numerical ratio

 

 

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1    in which the numerator is the Base Tax Year's Extension and
2    the denominator is the Preceding Tax Year's Extension.
3        "Final Percent of Adequacy" is defined in paragraph (4)
4    of subsection (f) of this Section.
5        "Final Resources" is defined in paragraph (3) of
6    subsection (f) of this Section.
7        "Full-time equivalent" or "FTE" means the full-time
8    equivalency compensation for staffing the relevant
9    position at an Organizational Unit.
10        "Funding Gap" is defined in paragraph (1) of subsection
11    (g).
12        "Guidance counselor" means a licensed guidance
13    counselor who provides guidance and counseling support for
14    students within an Organizational Unit.
15        "Hybrid District" means a partial elementary unit
16    district created pursuant to Article 11E of this Code.
17        "Instructional assistant" means a core or special
18    education, non-licensed employee who assists a teacher in
19    the classroom and provides academic support to students.
20        "Instructional facilitator" means a qualified teacher
21    or licensed teacher leader who facilitates and coaches
22    continuous improvement in classroom instruction; provides
23    instructional support to teachers in the elements of
24    research-based instruction or demonstrates the alignment
25    of instruction with curriculum standards and assessment
26    tools; develops or coordinates instructional programs or

 

 

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1    strategies; develops and implements training; chooses
2    standards-based instructional materials; provides teachers
3    with an understanding of current research; serves as a
4    mentor, site coach, curriculum specialist, or lead
5    teacher; or otherwise works with fellow teachers, in
6    collaboration, to use data to improve instructional
7    practice or develop model lessons.
8        "Instructional materials" means relevant instructional
9    materials for student instruction, including, but not
10    limited to, textbooks, consumable workbooks, laboratory
11    equipment, library books, and other similar materials.
12        "Laboratory School" means a public school that is
13    created and operated by a public university and approved by
14    the State Board.
15        "Librarian" means a teacher with an endorsement as a
16    library information specialist or another individual whose
17    primary responsibility is overseeing library resources
18    within an Organizational Unit.
19        "Limiting rate for Hybrid Districts" means the
20    combined elementary school and high school limited rates.
21        "Local Capacity" is defined in paragraph (1) of
22    subsection (c) of this Section.
23        "Local Capacity Percentage" is defined in subparagraph
24    (A) of paragraph (2) of subsection (c) of this Section.
25        "Local Capacity Ratio" is defined in subparagraph (B)
26    of paragraph (2) of subsection (c) of this Section.

 

 

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1        "Local Capacity Target" is defined in paragraph (2) of
2    subsection (c) of this Section.
3        "Low-Income Count" means, for an Organizational Unit
4    in a fiscal year, the higher of the average number of
5    students for the prior school year or the immediately
6    preceding 3 school years who, as of July 1 of the
7    immediately preceding fiscal year (as determined by the
8    Department of Human Services), are eligible for at least
9    one of the following low income programs: Medicaid, the
10    Children's Health Insurance Program, TANF, or the
11    Supplemental Nutrition Assistance Program, excluding
12    pupils who are eligible for services provided by the
13    Department of Children and Family Services. Until such time
14    that grade level low-income populations become available,
15    grade level low-income populations shall be determined by
16    applying the low-income percentage to total student
17    enrollments by grade level. The low-income percentage is
18    determined by dividing the Low-Income Count by the Average
19    Student Enrollment. The low-income percentage for programs
20    operated by a regional office of education or an
21    intermediate service center must be set to the weighted
22    average of the low-income percentages of all of the school
23    districts in the service region. The weighted low-income
24    percentage is the result of multiplying the low-income
25    percentage of each school district served by the regional
26    office of education or intermediate service center by each

 

 

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1    school district's Average Student Enrollment, summarizing
2    those products and dividing the total by the total Average
3    Student Enrollment for the service region.
4        "Maintenance and operations" means custodial services,
5    facility and ground maintenance, facility operations,
6    facility security, routine facility repairs, and other
7    similar services and functions.
8        "Minimum Funding Level" is defined in paragraph (9) of
9    subsection (g) of this Section.
10        "New Property Tax Relief Pool Funds" means, for any
11    given fiscal year, all State funds appropriated under
12    Section 2-3.170 of the School Code.
13        "New State Funds" means, for a given school year, all
14    State funds appropriated for Evidence-Based Funding in
15    excess of the amount needed to fund the Base Funding
16    Minimum for all Organizational Units in that school year.
17        "Net State Contribution Target" means, for a given
18    school year, the amount of State funds that would be
19    necessary to fully meet the Adequacy Target of an
20    Operational Unit minus the Preliminary Resources available
21    to each unit.
22        "Nurse" means an individual licensed as a certified
23    school nurse, in accordance with the rules established for
24    nursing services by the State Board, who is an employee of
25    and is available to provide health care-related services
26    for students of an Organizational Unit.

 

 

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1        "Operating Tax Rate" means the rate utilized in the
2    previous year to extend property taxes for all purposes,
3    except, Bond and Interest, Summer School, Rent, Capital
4    Improvement, and Vocational Education Building purposes.
5    For Hybrid Districts, the Operating Tax Rate shall be the
6    combined elementary and high school rates utilized in the
7    previous year to extend property taxes for all purposes,
8    except, Bond and Interest, Summer School, Rent, Capital
9    Improvement, and Vocational Education Building purposes.
10        "Organizational Unit" means a Laboratory School or any
11    public school district that is recognized as such by the
12    State Board and that contains elementary schools typically
13    serving kindergarten through 5th grades, middle schools
14    typically serving 6th through 8th grades, or high schools
15    typically serving 9th through 12th grades, a program
16    established under Section 2-3.66 or 2-3.41, or a program
17    operated by a regional office of education or an
18    intermediate service center under Article 13A or 13B. The
19    General Assembly acknowledges that the actual grade levels
20    served by a particular Organizational Unit may vary
21    slightly from what is typical.
22        "Organizational Unit CWI" is determined by calculating
23    the CWI in the region and original county in which an
24    Organizational Unit's primary administrative office is
25    located as set forth in this paragraph, provided that if
26    the Organizational Unit CWI as calculated in accordance

 

 

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1    with this paragraph is less than 0.9, the Organizational
2    Unit CWI shall be increased to 0.9. Each county's current
3    CWI value shall be adjusted based on the CWI value of that
4    county's neighboring Illinois counties, to create a
5    "weighted adjusted index value". This shall be calculated
6    by summing the CWI values of all of a county's adjacent
7    Illinois counties and dividing by the number of adjacent
8    Illinois counties, then taking the weighted value of the
9    original county's CWI value and the adjacent Illinois
10    county average. To calculate this weighted value, if the
11    number of adjacent Illinois counties is greater than 2, the
12    original county's CWI value will be weighted at 0.25 and
13    the adjacent Illinois county average will be weighted at
14    0.75. If the number of adjacent Illinois counties is 2, the
15    original county's CWI value will be weighted at 0.33 and
16    the adjacent Illinois county average will be weighted at
17    0.66. The greater of the county's current CWI value and its
18    weighted adjusted index value shall be used as the
19    Organizational Unit CWI.
20        "Preceding Tax Year" means the property tax levy year
21    immediately preceding the Base Tax Year.
22        "Preceding Tax Year's Extension" means the product of
23    the equalized assessed valuation utilized by the county
24    clerk in the Preceding Tax Year multiplied by the Operating
25    Tax Rate.
26        "Preliminary Percent of Adequacy" is defined in

 

 

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1    paragraph (2) of subsection (f) of this Section.
2        "Preliminary Resources" is defined in paragraph (2) of
3    subsection (f) of this Section.
4        "Principal" means a school administrator duly endorsed
5    to be employed as a principal in this State.
6        "Professional development" means training programs for
7    licensed staff in schools, including, but not limited to,
8    programs that assist in implementing new curriculum
9    programs, provide data focused or academic assessment data
10    training to help staff identify a student's weaknesses and
11    strengths, target interventions, improve instruction,
12    encompass instructional strategies for English learner,
13    gifted, or at-risk students, address inclusivity, cultural
14    sensitivity, or implicit bias, or otherwise provide
15    professional support for licensed staff.
16        "Prototypical" means 450 special education
17    pre-kindergarten and kindergarten through grade 5 students
18    for an elementary school, 450 grade 6 through 8 students
19    for a middle school, and 600 grade 9 through 12 students
20    for a high school.
21        "PTELL" means the Property Tax Extension Limitation
22    Law.
23        "PTELL EAV" is defined in paragraph (4) of subsection
24    (d) of this Section.
25        "Pupil support staff" means a nurse, psychologist,
26    social worker, family liaison personnel, or other staff

 

 

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1    member who provides support to at-risk or struggling
2    students.
3        "Real Receipts" is defined in paragraph (1) of
4    subsection (d) of this Section.
5        "Regionalization Factor" means, for a particular
6    Organizational Unit, the figure derived by dividing the
7    Organizational Unit CWI by the Statewide Weighted CWI.
8        "School site staff" means the primary school secretary
9    and any additional clerical personnel assigned to a school.
10        "Special education" means special educational
11    facilities and services, as defined in Section 14-1.08 of
12    this Code.
13        "Special Education Allocation" means the amount of an
14    Organizational Unit's final Adequacy Target attributable
15    to special education divided by the Organizational Unit's
16    final Adequacy Target, the product of which shall be
17    multiplied by the amount of new funding received pursuant
18    to this Section. An Organizational Unit's final Adequacy
19    Target attributable to special education shall include all
20    special education investment adequacy elements.
21        "Specialist teacher" means a teacher who provides
22    instruction in subject areas not included in core subjects,
23    including, but not limited to, art, music, physical
24    education, health, driver education, career-technical
25    education, and such other subject areas as may be mandated
26    by State law or provided by an Organizational Unit.

 

 

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1        "Specially Funded Unit" means an Alternative School,
2    safe school, Department of Juvenile Justice school,
3    special education cooperative or entity recognized by the
4    State Board as a special education cooperative,
5    State-approved charter school, or alternative learning
6    opportunities program that received direct funding from
7    the State Board during the 2016-2017 school year through
8    any of the funding sources included within the calculation
9    of the Base Funding Minimum or Glenwood Academy.
10        "Supplemental Grant Funding" means supplemental
11    general State aid funding received by an Organization Unit
12    during the 2016-2017 school year pursuant to subsection (H)
13    of Section 18-8.05 of this Code (now repealed).
14        "State Adequacy Level" is the sum of the Adequacy
15    Targets of all Organizational Units.
16        "State Board" means the State Board of Education.
17        "State Superintendent" means the State Superintendent
18    of Education.
19        "Statewide Weighted CWI" means a figure determined by
20    multiplying each Organizational Unit CWI times the ASE for
21    that Organizational Unit creating a weighted value,
22    summing all Organizational Unit's weighted values, and
23    dividing by the total ASE of all Organizational Units,
24    thereby creating an average weighted index.
25        "Student activities" means non-credit producing
26    after-school programs, including, but not limited to,

 

 

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1    clubs, bands, sports, and other activities authorized by
2    the school board of the Organizational Unit.
3        "Substitute teacher" means an individual teacher or
4    teaching assistant who is employed by an Organizational
5    Unit and is temporarily serving the Organizational Unit on
6    a per diem or per period-assignment basis replacing another
7    staff member.
8        "Summer school" means academic and enrichment programs
9    provided to students during the summer months outside of
10    the regular school year.
11        "Supervisory aide" means a non-licensed staff member
12    who helps in supervising students of an Organizational
13    Unit, but does so outside of the classroom, in situations
14    such as, but not limited to, monitoring hallways and
15    playgrounds, supervising lunchrooms, or supervising
16    students when being transported in buses serving the
17    Organizational Unit.
18        "Target Ratio" is defined in paragraph (4) of
19    subsection (g).
20        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
21    in paragraph (3) of subsection (g).
22        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
23    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
24    Funding" are defined in paragraph (1) of subsection (g).
25    (b) Adequacy Target calculation.
26        (1) Each Organizational Unit's Adequacy Target is the

 

 

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1    sum of the Organizational Unit's cost of providing
2    Essential Elements, as calculated in accordance with this
3    subsection (b), with the salary amounts in the Essential
4    Elements multiplied by a Regionalization Factor calculated
5    pursuant to paragraph (3) of this subsection (b).
6        (2) The Essential Elements are attributable on a pro
7    rata basis related to defined subgroups of the ASE of each
8    Organizational Unit as specified in this paragraph (2),
9    with investments and FTE positions pro rata funded based on
10    ASE counts in excess or less than the thresholds set forth
11    in this paragraph (2). The method for calculating
12    attributable pro rata costs and the defined subgroups
13    thereto are as follows:
14            (A) Core class size investments. Each
15        Organizational Unit shall receive the funding required
16        to support that number of FTE core teacher positions as
17        is needed to keep the respective class sizes of the
18        Organizational Unit to the following maximum numbers:
19                (i) For grades kindergarten through 3, the
20            Organizational Unit shall receive funding required
21            to support one FTE core teacher position for every
22            15 Low-Income Count students in those grades and
23            one FTE core teacher position for every 20
24            non-Low-Income Count students in those grades.
25                (ii) For grades 4 through 12, the
26            Organizational Unit shall receive funding required

 

 

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1            to support one FTE core teacher position for every
2            20 Low-Income Count students in those grades and
3            one FTE core teacher position for every 25
4            non-Low-Income Count students in those grades.
5            The number of non-Low-Income Count students in a
6        grade shall be determined by subtracting the
7        Low-Income students in that grade from the ASE of the
8        Organizational Unit for that grade.
9            (B) Specialist teacher investments. Each