Public Act 101-0010
 
SB1814 EnrolledLRB101 09785 HLH 54886 b

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

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

 
    Section 5-5. The Illinois Act on the Aging is amended by
changing Section 4.02 as follows:
 
    (20 ILCS 105/4.02)  (from Ch. 23, par. 6104.02)
    Sec. 4.02. Community Care Program. The Department shall
establish a program of services to prevent unnecessary
institutionalization of persons age 60 and older in need of
long term care or who are established as persons who suffer
from Alzheimer's disease or a related disorder under the
Alzheimer's Disease Assistance Act, thereby enabling them to
remain in their own homes or in other living arrangements. Such
preventive services, which may be coordinated with other
programs for the aged and monitored by area agencies on aging
in cooperation with the Department, may include, but are not
limited to, any or all of the following:
        (a) (blank);
        (b) (blank);
        (c) home care aide services;
        (d) personal assistant services;
        (e) adult day services;
        (f) home-delivered meals;
        (g) education in self-care;
        (h) personal care services;
        (i) adult day health services;
        (j) habilitation services;
        (k) respite care;
        (k-5) community reintegration services;
        (k-6) flexible senior services;
        (k-7) medication management;
        (k-8) emergency home response;
        (l) other nonmedical social services that may enable
    the person to become self-supporting; or
        (m) clearinghouse for information provided by senior
    citizen home owners who want to rent rooms to or share
    living space with other senior citizens.
    The Department shall establish eligibility standards for
such services. In determining the amount and nature of services
for which a person may qualify, consideration shall not be
given to the value of cash, property or other assets held in
the name of the person's spouse pursuant to a written agreement
dividing marital property into equal but separate shares or
pursuant to a transfer of the person's interest in a home to
his spouse, provided that the spouse's share of the marital
property is not made available to the person seeking such
services.
    Beginning January 1, 2008, the Department shall require as
a condition of eligibility that all new financially eligible
applicants apply for and enroll in medical assistance under
Article V of the Illinois Public Aid Code in accordance with
rules promulgated by the Department.
    The Department shall, in conjunction with the Department of
Public Aid (now Department of Healthcare and Family Services),
seek appropriate amendments under Sections 1915 and 1924 of the
Social Security Act. The purpose of the amendments shall be to
extend eligibility for home and community based services under
Sections 1915 and 1924 of the Social Security Act to persons
who transfer to or for the benefit of a spouse those amounts of
income and resources allowed under Section 1924 of the Social
Security Act. Subject to the approval of such amendments, the
Department shall extend the provisions of Section 5-4 of the
Illinois Public Aid Code to persons who, but for the provision
of home or community-based services, would require the level of
care provided in an institution, as is provided for in federal
law. Those persons no longer found to be eligible for receiving
noninstitutional services due to changes in the eligibility
criteria shall be given 45 days notice prior to actual
termination. Those persons receiving notice of termination may
contact the Department and request the determination be
appealed at any time during the 45 day notice period. The
target population identified for the purposes of this Section
are persons age 60 and older with an identified service need.
Priority shall be given to those who are at imminent risk of
institutionalization. The services shall be provided to
eligible persons age 60 and older to the extent that the cost
of the services together with the other personal maintenance
expenses of the persons are reasonably related to the standards
established for care in a group facility appropriate to the
person's condition. These non-institutional services, pilot
projects or experimental facilities may be provided as part of
or in addition to those authorized by federal law or those
funded and administered by the Department of Human Services.
The Departments of Human Services, Healthcare and Family
Services, Public Health, Veterans' Affairs, and Commerce and
Economic Opportunity and other appropriate agencies of State,
federal and local governments shall cooperate with the
Department on Aging in the establishment and development of the
non-institutional services. The Department shall require an
annual audit from all personal assistant and home care aide
vendors contracting with the Department under this Section. The
annual audit shall assure that each audited vendor's procedures
are in compliance with Department's financial reporting
guidelines requiring an administrative and employee wage and
benefits cost split as defined in administrative rules. The
audit is a public record under the Freedom of Information Act.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department of Healthcare
and Family Services, to effect the following: (1) intake
procedures and common eligibility criteria for those persons
who are receiving non-institutional services; and (2) the
establishment and development of non-institutional services in
areas of the State where they are not currently available or
are undeveloped. On and after July 1, 1996, all nursing home
prescreenings for individuals 60 years of age or older shall be
conducted by the Department.
    As part of the Department on Aging's routine training of
case managers and case manager supervisors, the Department may
include information on family futures planning for persons who
are age 60 or older and who are caregivers of their adult
children with developmental disabilities. The content of the
training shall be at the Department's discretion.
    The Department is authorized to establish a system of
recipient copayment for services provided under this Section,
such copayment to be based upon the recipient's ability to pay
but in no case to exceed the actual cost of the services
provided. Additionally, any portion of a person's income which
is equal to or less than the federal poverty standard shall not
be considered by the Department in determining the copayment.
The level of such copayment shall be adjusted whenever
necessary to reflect any change in the officially designated
federal poverty standard.
    The Department, or the Department's authorized
representative, may recover the amount of moneys expended for
services provided to or in behalf of a person under this
Section by a claim against the person's estate or against the
estate of the person's surviving spouse, but no recovery may be
had until after the death of the surviving spouse, if any, and
then only at such time when there is no surviving child who is
under age 21 or blind or who has a permanent and total
disability. This paragraph, however, shall not bar recovery, at
the death of the person, of moneys for services provided to the
person or in behalf of the person under this Section to which
the person was not entitled; provided that such recovery shall
not be enforced against any real estate while it is occupied as
a homestead by the surviving spouse or other dependent, if no
claims by other creditors have been filed against the estate,
or, if such claims have been filed, they remain dormant for
failure of prosecution or failure of the claimant to compel
administration of the estate for the purpose of payment. This
paragraph shall not bar recovery from the estate of a spouse,
under Sections 1915 and 1924 of the Social Security Act and
Section 5-4 of the Illinois Public Aid Code, who precedes a
person receiving services under this Section in death. All
moneys for services paid to or in behalf of the person under
this Section shall be claimed for recovery from the deceased
spouse's estate. "Homestead", as used in this paragraph, means
the dwelling house and contiguous real estate occupied by a
surviving spouse or relative, as defined by the rules and
regulations of the Department of Healthcare and Family
Services, regardless of the value of the property.
    The Department shall increase the effectiveness of the
existing Community Care Program by:
        (1) ensuring that in-home services included in the care
    plan are available on evenings and weekends;
        (2) ensuring that care plans contain the services that
    eligible participants need based on the number of days in a
    month, not limited to specific blocks of time, as
    identified by the comprehensive assessment tool selected
    by the Department for use statewide, not to exceed the
    total monthly service cost maximum allowed for each
    service; the Department shall develop administrative rules
    to implement this item (2);
        (3) ensuring that the participants have the right to
    choose the services contained in their care plan and to
    direct how those services are provided, based on
    administrative rules established by the Department;
        (4) ensuring that the determination of need tool is
    accurate in determining the participants' level of need; to
    achieve this, the Department, in conjunction with the Older
    Adult Services Advisory Committee, shall institute a study
    of the relationship between the Determination of Need
    scores, level of need, service cost maximums, and the
    development and utilization of service plans no later than
    May 1, 2008; findings and recommendations shall be
    presented to the Governor and the General Assembly no later
    than January 1, 2009; recommendations shall include all
    needed changes to the service cost maximums schedule and
    additional covered services;
        (5) ensuring that homemakers can provide personal care
    services that may or may not involve contact with clients,
    including but not limited to:
            (A) bathing;
            (B) grooming;
            (C) toileting;
            (D) nail care;
            (E) transferring;
            (F) respiratory services;
            (G) exercise; or
            (H) positioning;
        (6) ensuring that homemaker program vendors are not
    restricted from hiring homemakers who are family members of
    clients or recommended by clients; the Department may not,
    by rule or policy, require homemakers who are family
    members of clients or recommended by clients to accept
    assignments in homes other than the client;
        (7) ensuring that the State may access maximum federal
    matching funds by seeking approval for the Centers for
    Medicare and Medicaid Services for modifications to the
    State's home and community based services waiver and
    additional waiver opportunities, including applying for
    enrollment in the Balance Incentive Payment Program by May
    1, 2013, in order to maximize federal matching funds; this
    shall include, but not be limited to, modification that
    reflects all changes in the Community Care Program services
    and all increases in the services cost maximum;
        (8) ensuring that the determination of need tool
    accurately reflects the service needs of individuals with
    Alzheimer's disease and related dementia disorders;
        (9) ensuring that services are authorized accurately
    and consistently for the Community Care Program (CCP); the
    Department shall implement a Service Authorization policy
    directive; the purpose shall be to ensure that eligibility
    and services are authorized accurately and consistently in
    the CCP program; the policy directive shall clarify service
    authorization guidelines to Care Coordination Units and
    Community Care Program providers no later than May 1, 2013;
        (10) working in conjunction with Care Coordination
    Units, the Department of Healthcare and Family Services,
    the Department of Human Services, Community Care Program
    providers, and other stakeholders to make improvements to
    the Medicaid claiming processes and the Medicaid
    enrollment procedures or requirements as needed,
    including, but not limited to, specific policy changes or
    rules to improve the up-front enrollment of participants in
    the Medicaid program and specific policy changes or rules
    to insure more prompt submission of bills to the federal
    government to secure maximum federal matching dollars as
    promptly as possible; the Department on Aging shall have at
    least 3 meetings with stakeholders by January 1, 2014 in
    order to address these improvements;
        (11) requiring home care service providers to comply
    with the rounding of hours worked provisions under the
    federal Fair Labor Standards Act (FLSA) and as set forth in
    29 CFR 785.48(b) by May 1, 2013;
        (12) implementing any necessary policy changes or
    promulgating any rules, no later than January 1, 2014, to
    assist the Department of Healthcare and Family Services in
    moving as many participants as possible, consistent with
    federal regulations, into coordinated care plans if a care
    coordination plan that covers long term care is available
    in the recipient's area; and
        (13) maintaining fiscal year 2014 rates at the same
    level established on January 1, 2013.
    By January 1, 2009 or as soon after the end of the Cash and
Counseling Demonstration Project as is practicable, the
Department may, based on its evaluation of the demonstration
project, promulgate rules concerning personal assistant
services, to include, but need not be limited to,
qualifications, employment screening, rights under fair labor
standards, training, fiduciary agent, and supervision
requirements. All applicants shall be subject to the provisions
of the Health Care Worker Background Check Act.
    The Department shall develop procedures to enhance
availability of services on evenings, weekends, and on an
emergency basis to meet the respite needs of caregivers.
Procedures shall be developed to permit the utilization of
services in successive blocks of 24 hours up to the monthly
maximum established by the Department. Workers providing these
services shall be appropriately trained.
    Beginning on the effective date of this amendatory Act of
1991, no person may perform chore/housekeeping and home care
aide services under a program authorized by this Section unless
that person has been issued a certificate of pre-service to do
so by his or her employing agency. Information gathered to
effect such certification shall include (i) the person's name,
(ii) the date the person was hired by his or her current
employer, and (iii) the training, including dates and levels.
Persons engaged in the program authorized by this Section
before the effective date of this amendatory Act of 1991 shall
be issued a certificate of all pre- and in-service training
from his or her employer upon submitting the necessary
information. The employing agency shall be required to retain
records of all staff pre- and in-service training, and shall
provide such records to the Department upon request and upon
termination of the employer's contract with the Department. In
addition, the employing agency is responsible for the issuance
of certifications of in-service training completed to their
employees.
    The Department is required to develop a system to ensure
that persons working as home care aides and personal assistants
receive increases in their wages when the federal minimum wage
is increased by requiring vendors to certify that they are
meeting the federal minimum wage statute for home care aides
and personal assistants. An employer that cannot ensure that
the minimum wage increase is being given to home care aides and
personal assistants shall be denied any increase in
reimbursement costs.
    The Community Care Program Advisory Committee is created in
the Department on Aging. The Director shall appoint individuals
to serve in the Committee, who shall serve at their own
expense. Members of the Committee must abide by all applicable
ethics laws. The Committee shall advise the Department on
issues related to the Department's program of services to
prevent unnecessary institutionalization. The Committee shall
meet on a bi-monthly basis and shall serve to identify and
advise the Department on present and potential issues affecting
the service delivery network, the program's clients, and the
Department and to recommend solution strategies. Persons
appointed to the Committee shall be appointed on, but not
limited to, their own and their agency's experience with the
program, geographic representation, and willingness to serve.
The Director shall appoint members to the Committee to
represent provider, advocacy, policy research, and other
constituencies committed to the delivery of high quality home
and community-based services to older adults. Representatives
shall be appointed to ensure representation from community care
providers including, but not limited to, adult day service
providers, homemaker providers, case coordination and case
management units, emergency home response providers, statewide
trade or labor unions that represent home care aides and direct
care staff, area agencies on aging, adults over age 60,
membership organizations representing older adults, and other
organizational entities, providers of care, or individuals
with demonstrated interest and expertise in the field of home
and community care as determined by the Director.
    Nominations may be presented from any agency or State
association with interest in the program. The Director, or his
or her designee, shall serve as the permanent co-chair of the
advisory committee. One other co-chair shall be nominated and
approved by the members of the committee on an annual basis.
Committee members' terms of appointment shall be for 4 years
with one-quarter of the appointees' terms expiring each year. A
member shall continue to serve until his or her replacement is
named. The Department shall fill vacancies that have a
remaining term of over one year, and this replacement shall
occur through the annual replacement of expiring terms. The
Director shall designate Department staff to provide technical
assistance and staff support to the committee. Department
representation shall not constitute membership of the
committee. All Committee papers, issues, recommendations,
reports, and meeting memoranda are advisory only. The Director,
or his or her designee, shall make a written report, as
requested by the Committee, regarding issues before the
Committee.
    The Department on Aging and the Department of Human
Services shall cooperate in the development and submission of
an annual report on programs and services provided under this
Section. Such joint report shall be filed with the Governor and
the General Assembly on or before September 30 each year.
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report as required by
Section 3.1 of the General Assembly Organization Act and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
    Those persons previously found eligible for receiving
non-institutional services whose services were discontinued
under the Emergency Budget Act of Fiscal Year 1992, and who do
not meet the eligibility standards in effect on or after July
1, 1992, shall remain ineligible on and after July 1, 1992.
Those persons previously not required to cost-share and who
were required to cost-share effective March 1, 1992, shall
continue to meet cost-share requirements on and after July 1,
1992. Beginning July 1, 1992, all clients will be required to
meet eligibility, cost-share, and other requirements and will
have services discontinued or altered when they fail to meet
these requirements.
    For the purposes of this Section, "flexible senior
services" refers to services that require one-time or periodic
expenditures including, but not limited to, respite care, home
modification, assistive technology, housing assistance, and
transportation.
    The Department shall implement an electronic service
verification based on global positioning systems or other
cost-effective technology for the Community Care Program no
later than January 1, 2014.
    The Department shall require, as a condition of
eligibility, enrollment in the medical assistance program
under Article V of the Illinois Public Aid Code (i) beginning
August 1, 2013, if the Auditor General has reported that the
Department has failed to comply with the reporting requirements
of Section 2-27 of the Illinois State Auditing Act; or (ii)
beginning June 1, 2014, if the Auditor General has reported
that the Department has not undertaken the required actions
listed in the report required by subsection (a) of Section 2-27
of the Illinois State Auditing Act.
    The Department shall delay Community Care Program services
until an applicant is determined eligible for medical
assistance under Article V of the Illinois Public Aid Code (i)
beginning August 1, 2013, if the Auditor General has reported
that the Department has failed to comply with the reporting
requirements of Section 2-27 of the Illinois State Auditing
Act; or (ii) beginning June 1, 2014, if the Auditor General has
reported that the Department has not undertaken the required
actions listed in the report required by subsection (a) of
Section 2-27 of the Illinois State Auditing Act.
    The Department shall implement co-payments for the
Community Care Program at the federally allowable maximum level
(i) beginning August 1, 2013, if the Auditor General has
reported that the Department has failed to comply with the
reporting requirements of Section 2-27 of the Illinois State
Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
General has reported that the Department has not undertaken the
required actions listed in the report required by subsection
(a) of Section 2-27 of the Illinois State Auditing Act.
    The Department shall provide a bi-monthly report on the
progress of the Community Care Program reforms set forth in
this amendatory Act of the 98th General Assembly to the
Governor, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the President
of the Senate, and the Minority Leader of the Senate.
    The Department shall conduct a quarterly review of Care
Coordination Unit performance and adherence to service
guidelines. The quarterly review shall be reported to the
Speaker of the House of Representatives, the Minority Leader of
the House of Representatives, the President of the Senate, and
the Minority Leader of the Senate. The Department shall collect
and report longitudinal data on the performance of each care
coordination unit. Nothing in this paragraph shall be construed
to require the Department to identify specific care
coordination units.
    In regard to community care providers, failure to comply
with Department on Aging policies shall be cause for
disciplinary action, including, but not limited to,
disqualification from serving Community Care Program clients.
Each provider, upon submission of any bill or invoice to the
Department for payment for services rendered, shall include a
notarized statement, under penalty of perjury pursuant to
Section 1-109 of the Code of Civil Procedure, that the provider
has complied with all Department policies.
    The Director of the Department on Aging shall make
information available to the State Board of Elections as may be
required by an agreement the State Board of Elections has
entered into with a multi-state voter registration list
maintenance system.
    Within 30 days after July 6, 2017 (the effective date of
Public Act 100-23), rates shall be increased to $18.29 per
hour, for the purpose of increasing, by at least $.72 per hour,
the wages paid by those vendors to their employees who provide
homemaker services. The Department shall pay an enhanced rate
under the Community Care Program to those in-home service
provider agencies that offer health insurance coverage as a
benefit to their direct service worker employees consistent
with the mandates of Public Act 95-713. For State fiscal years
2018 and 2019, the enhanced rate shall be $1.77 per hour. The
rate shall be adjusted using actuarial analysis based on the
cost of care, but shall not be set below $1.77 per hour. The
Department shall adopt rules, including emergency rules under
subsections (y) and (bb) of Section 5-45 of the Illinois
Administrative Procedure Act, to implement the provisions of
this paragraph.
    The General Assembly finds it necessary to authorize an
aggressive Medicaid enrollment initiative designed to maximize
federal Medicaid funding for the Community Care Program which
produces significant savings for the State of Illinois. The
Department on Aging shall establish and implement a Community
Care Program Medicaid Initiative. Under the Initiative, the
Department on Aging shall, at a minimum: (i) provide an
enhanced rate to adequately compensate care coordination units
to enroll eligible Community Care Program clients into
Medicaid; (ii) use recommendations from a stakeholder
committee on how best to implement the Initiative; and (iii)
establish requirements for State agencies to make enrollment in
the State's Medical Assistance program easier for seniors.
    The Community Care Program Medicaid Enrollment Oversight
Subcommittee is created as a subcommittee of the Older Adult
Services Advisory Committee established in Section 35 of the
Older Adult Services Act to make recommendations on how best to
increase the number of medical assistance recipients who are
enrolled in the Community Care Program. The Subcommittee shall
consist of all of the following persons who must be appointed
within 30 days after the effective date of this amendatory Act
of the 100th General Assembly:
        (1) The Director of Aging, or his or her designee, who
    shall serve as the chairperson of the Subcommittee.
        (2) One representative of the Department of Healthcare
    and Family Services, appointed by the Director of
    Healthcare and Family Services.
        (3) One representative of the Department of Human
    Services, appointed by the Secretary of Human Services.
        (4) One individual representing a care coordination
    unit, appointed by the Director of Aging.
        (5) One individual from a non-governmental statewide
    organization that advocates for seniors, appointed by the
    Director of Aging.
        (6) One individual representing Area Agencies on
    Aging, appointed by the Director of Aging.
        (7) One individual from a statewide association
    dedicated to Alzheimer's care, support, and research,
    appointed by the Director of Aging.
        (8) One individual from an organization that employs
    persons who provide services under the Community Care
    Program, appointed by the Director of Aging.
        (9) One member of a trade or labor union representing
    persons who provide services under the Community Care
    Program, appointed by the Director of Aging.
        (10) One member of the Senate, who shall serve as
    co-chairperson, appointed by the President of the Senate.
        (11) One member of the Senate, who shall serve as
    co-chairperson, appointed by the Minority Leader of the
    Senate.
        (12) One member of the House of Representatives, who
    shall serve as co-chairperson, appointed by the Speaker of
    the House of Representatives.
        (13) One member of the House of Representatives, who
    shall serve as co-chairperson, appointed by the Minority
    Leader of the House of Representatives.
        (14) One individual appointed by a labor organization
    representing frontline employees at the Department of
    Human Services.
    The Subcommittee shall provide oversight to the Community
Care Program Medicaid Initiative and shall meet quarterly. At
each Subcommittee meeting the Department on Aging shall provide
the following data sets to the Subcommittee: (A) the number of
Illinois residents, categorized by planning and service area,
who are receiving services under the Community Care Program and
are enrolled in the State's Medical Assistance Program; (B) the
number of Illinois residents, categorized by planning and
service area, who are receiving services under the Community
Care Program, but are not enrolled in the State's Medical
Assistance Program; and (C) the number of Illinois residents,
categorized by planning and service area, who are receiving
services under the Community Care Program and are eligible for
benefits under the State's Medical Assistance Program, but are
not enrolled in the State's Medical Assistance Program. In
addition to this data, the Department on Aging shall provide
the Subcommittee with plans on how the Department on Aging will
reduce the number of Illinois residents who are not enrolled in
the State's Medical Assistance Program but who are eligible for
medical assistance benefits. The Department on Aging shall
enroll in the State's Medical Assistance Program those Illinois
residents who receive services under the Community Care Program
and are eligible for medical assistance benefits but are not
enrolled in the State's Medicaid Assistance Program. The data
provided to the Subcommittee shall be made available to the
public via the Department on Aging's website.
    The Department on Aging, with the involvement of the
Subcommittee, shall collaborate with the Department of Human
Services and the Department of Healthcare and Family Services
on how best to achieve the responsibilities of the Community
Care Program Medicaid Initiative.
    The Department on Aging, the Department of Human Services,
and the Department of Healthcare and Family Services shall
coordinate and implement a streamlined process for seniors to
access benefits under the State's Medical Assistance Program.
    The Subcommittee shall collaborate with the Department of
Human Services on the adoption of a uniform application
submission process. The Department of Human Services and any
other State agency involved with processing the medical
assistance application of any person enrolled in the Community
Care Program shall include the appropriate care coordination
unit in all communications related to the determination or
status of the application.
    The Community Care Program Medicaid Initiative shall
provide targeted funding to care coordination units to help
seniors complete their applications for medical assistance
benefits. On and after July 1, 2019, care coordination units
shall receive no less than $200 per completed application,
which rate may be included in a bundled rate for initial intake
services when Medicaid application assistance is provided in
conjunction with the initial intake process for new program
participants.
    The Community Care Program Medicaid Initiative shall cease
operation 5 years after the effective date of this amendatory
Act of the 100th General Assembly, after which the Subcommittee
shall dissolve.
(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18; 100-1148, eff. 12-10-18.)
 
    Section 5-10. The Substance Use Disorder Act is amended by
changing Sections 5-10 and 50-35 as follows:
 
    (20 ILCS 301/5-10)
    Sec. 5-10. Functions of the Department.
    (a) In addition to the powers, duties and functions vested
in the Department by this Act, or by other laws of this State,
the Department shall carry out the following activities:
        (1) Design, coordinate and fund comprehensive
    community-based and culturally and gender-appropriate
    services throughout the State. These services must include
    prevention, early intervention, treatment, and other
    recovery support services for substance use disorders that
    are accessible and addresses the needs of at-risk
    individuals and their families.
        (2) Act as the exclusive State agency to accept,
    receive and expend, pursuant to appropriation, any public
    or private monies, grants or services, including those
    received from the federal government or from other State
    agencies, for the purpose of providing prevention, early
    intervention, treatment, and other recovery support
    services for substance use disorders.
        (2.5) In partnership with the Department of Healthcare
    and Family Services, act as one of the principal State
    agencies for the sole purpose of calculating the
    maintenance of effort requirement under Section 1930 of
    Title XIX, Part B, Subpart II of the Public Health Service
    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
    96.134).
        (3) Coordinate a statewide strategy for the
    prevention, early intervention, treatment, and recovery
    support of substance use disorders. This strategy shall
    include the development of a comprehensive plan, submitted
    annually with the application for federal substance use
    disorder block grant funding, for the provision of an array
    of such services. The plan shall be based on local
    community-based needs and upon data including, but not
    limited to, that which defines the prevalence of and costs
    associated with substance use disorders. This
    comprehensive plan shall include identification of
    problems, needs, priorities, services and other pertinent
    information, including the needs of minorities and other
    specific priority populations in the State, and shall
    describe how the identified problems and needs will be
    addressed. For purposes of this paragraph, the term
    "minorities and other specific priority populations" may
    include, but shall not be limited to, groups such as women,
    children, intravenous drug users, persons with AIDS or who
    are HIV infected, veterans, African-Americans, Puerto
    Ricans, Hispanics, Asian Americans, the elderly, persons
    in the criminal justice system, persons who are clients of
    services provided by other State agencies, persons with
    disabilities and such other specific populations as the
    Department may from time to time identify. In developing
    the plan, the Department shall seek input from providers,
    parent groups, associations and interested citizens.
        The plan developed under this Section shall include an
    explanation of the rationale to be used in ensuring that
    funding shall be based upon local community needs,
    including, but not limited to, the incidence and prevalence
    of, and costs associated with, substance use disorders, as
    well as upon demonstrated program performance.
        The plan developed under this Section shall also
    contain a report detailing the activities of and progress
    made through services for the care and treatment of
    substance use disorders among pregnant women and mothers
    and their children established under subsection (j) of
    Section 35-5.
        As applicable, the plan developed under this Section
    shall also include information about funding by other State
    agencies for prevention, early intervention, treatment,
    and other recovery support services.
        (4) Lead, foster and develop cooperation, coordination
    and agreements among federal and State governmental
    agencies and local providers that provide assistance,
    services, funding or other functions, peripheral or
    direct, in the prevention, early intervention, treatment,
    and recovery support for substance use disorders. This
    shall include, but shall not be limited to, the following:
            (A) Cooperate with and assist other State
        agencies, as applicable, in establishing and
        conducting substance use disorder services among the
        populations they respectively serve.
            (B) Cooperate with and assist the Illinois
        Department of Public Health in the establishment,
        funding and support of programs and services for the
        promotion of maternal and child health and the
        prevention and treatment of infectious diseases,
        including but not limited to HIV infection, especially
        with respect to those persons who are high risk due to
        intravenous injection of illegal drugs, or who may have
        been sexual partners of these individuals, or who may
        have impaired immune systems as a result of a substance
        use disorder.
            (C) Supply to the Department of Public Health and
        prenatal care providers a list of all providers who are
        licensed to provide substance use disorder treatment
        for pregnant women in this State.
            (D) Assist in the placement of child abuse or
        neglect perpetrators (identified by the Illinois
        Department of Children and Family Services (DCFS)) who
        have been determined to be in need of substance use
        disorder treatment pursuant to Section 8.2 of the
        Abused and Neglected Child Reporting Act.
            (E) Cooperate with and assist DCFS in carrying out
        its mandates to:
                (i) identify substance use disorders among its
            clients and their families; and
                (ii) develop services to deal with such
            disorders.
        These services may include, but shall not be limited
        to, programs to prevent or treat substance use
        disorders with DCFS clients and their families,
        identifying child care needs within such treatment,
        and assistance with other issues as required.
            (F) Cooperate with and assist the Illinois
        Criminal Justice Information Authority with respect to
        statistical and other information concerning the
        incidence and prevalence of substance use disorders.
            (G) Cooperate with and assist the State
        Superintendent of Education, boards of education,
        schools, police departments, the Illinois Department
        of State Police, courts and other public and private
        agencies and individuals in establishing prevention
        programs statewide and preparing curriculum materials
        for use at all levels of education.
            (H) Cooperate with and assist the Illinois
        Department of Healthcare and Family Services in the
        development and provision of services offered to
        recipients of public assistance for the treatment and
        prevention of substance use disorders.
            (I) (Blank).
        (5) From monies appropriated to the Department from the
    Drunk and Drugged Driving Prevention Fund, reimburse DUI
    evaluation and risk education programs licensed by the
    Department for providing indigent persons with free or
    reduced-cost evaluation and risk education services
    relating to a charge of driving under the influence of
    alcohol or other drugs.
        (6) Promulgate regulations to identify and disseminate
    best practice guidelines that can be utilized by publicly
    and privately funded programs as well as for levels of
    payment to government funded programs that provide
    prevention, early intervention, treatment, and other
    recovery support services for substance use disorders and
    those services referenced in Sections 15-10 and 40-5.
        (7) In consultation with providers and related trade
    associations, specify a uniform methodology for use by
    funded providers and the Department for billing and
    collection and dissemination of statistical information
    regarding services related to substance use disorders.
        (8) Receive data and assistance from federal, State and
    local governmental agencies, and obtain copies of
    identification and arrest data from all federal, State and
    local law enforcement agencies for use in carrying out the
    purposes and functions of the Department.
        (9) Designate and license providers to conduct
    screening, assessment, referral and tracking of clients
    identified by the criminal justice system as having
    indications of substance use disorders and being eligible
    to make an election for treatment under Section 40-5 of
    this Act, and assist in the placement of individuals who
    are under court order to participate in treatment.
        (10) Identify and disseminate evidence-based best
    practice guidelines as maintained in administrative rule
    that can be utilized to determine a substance use disorder
    diagnosis.
        (11) (Blank).
        (12) Make grants with funds appropriated from the Drug
    Treatment Fund in accordance with Section 7 of the
    Controlled Substance and Cannabis Nuisance Act, or in
    accordance with Section 80 of the Methamphetamine Control
    and Community Protection Act, or in accordance with
    subsections (h) and (i) of Section 411.2 of the Illinois
    Controlled Substances Act, or in accordance with Section
    6z-107 of the State Finance Act.
        (13) Encourage all health and disability insurance
    programs to include substance use disorder treatment as a
    covered service and to use evidence-based best practice
    criteria as maintained in administrative rule and as
    required in Public Act 99-0480 in determining the necessity
    for such services and continued stay.
        (14) Award grants and enter into fixed-rate and
    fee-for-service arrangements with any other department,
    authority or commission of this State, or any other state
    or the federal government or with any public or private
    agency, including the disbursement of funds and furnishing
    of staff, to effectuate the purposes of this Act.
        (15) Conduct a public information campaign to inform
    the State's Hispanic residents regarding the prevention
    and treatment of substance use disorders.
    (b) In addition to the powers, duties and functions vested
in it by this Act, or by other laws of this State, the
Department may undertake, but shall not be limited to, the
following activities:
        (1) Require all organizations licensed or funded by the
    Department to include an education component to inform
    participants regarding the causes and means of
    transmission and methods of reducing the risk of acquiring
    or transmitting HIV infection and other infectious
    diseases, and to include funding for such education
    component in its support of the program.
        (2) Review all State agency applications for federal
    funds that include provisions relating to the prevention,
    early intervention and treatment of substance use
    disorders in order to ensure consistency.
        (3) Prepare, publish, evaluate, disseminate and serve
    as a central repository for educational materials dealing
    with the nature and effects of substance use disorders.
    Such materials may deal with the educational needs of the
    citizens of Illinois, and may include at least pamphlets
    that describe the causes and effects of fetal alcohol
    spectrum disorders.
        (4) Develop and coordinate, with regional and local
    agencies, education and training programs for persons
    engaged in providing services for persons with substance
    use disorders, which programs may include specific HIV
    education and training for program personnel.
        (5) Cooperate with and assist in the development of
    education, prevention, early intervention, and treatment
    programs for employees of State and local governments and
    businesses in the State.
        (6) Utilize the support and assistance of interested
    persons in the community, including recovering persons, to
    assist individuals and communities in understanding the
    dynamics of substance use disorders, and to encourage
    individuals with substance use disorders to voluntarily
    undergo treatment.
        (7) Promote, conduct, assist or sponsor basic
    clinical, epidemiological and statistical research into
    substance use disorders and research into the prevention of
    those problems either solely or in conjunction with any
    public or private agency.
        (8) Cooperate with public and private agencies,
    organizations and individuals in the development of
    programs, and to provide technical assistance and
    consultation services for this purpose.
        (9) (Blank).
        (10) (Blank).
        (11) Fund, promote, or assist entities dealing with
    substance use disorders.
        (12) With monies appropriated from the Group Home Loan
    Revolving Fund, make loans, directly or through
    subcontract, to assist in underwriting the costs of housing
    in which individuals recovering from substance use
    disorders may reside, pursuant to Section 50-40 of this
    Act.
        (13) Promulgate such regulations as may be necessary to
    carry out the purposes and enforce the provisions of this
    Act.
        (14) Provide funding to help parents be effective in
    preventing substance use disorders by building an
    awareness of the family's role in preventing substance use
    disorders through adjusting expectations, developing new
    skills, and setting positive family goals. The programs
    shall include, but not be limited to, the following
    subjects: healthy family communication; establishing rules
    and limits; how to reduce family conflict; how to build
    self-esteem, competency, and responsibility in children;
    how to improve motivation and achievement; effective
    discipline; problem solving techniques; and how to talk
    about drugs and alcohol. The programs shall be open to all
    parents.
(Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19.)
 
    (20 ILCS 301/50-35)
    Sec. 50-35. Drug Treatment Fund.
    (a) There is hereby established the Drug Treatment Fund, to
be held as a separate fund in the State treasury. There shall
be deposited into this fund such amounts as may be received
under subsections (h) and (i) of Section 411.2 of the Illinois
Controlled Substances Act, under Section 80 of the
Methamphetamine Control and Community Protection Act, and
under Section 7 of the Controlled Substance and Cannabis
Nuisance Act, or under Section 6z-107 of the State Finance Act.
    (b) Monies in this fund shall be appropriated to the
Department for the purposes and activities set forth in
subsections (h) and (i) of Section 411.2 of the Illinois
Controlled Substances Act, or in Section 7 of the Controlled
Substance and Cannabis Nuisance Act, or in Section 6z-107 of
the State Finance Act.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 5-15. The Children and Family Services Act is
amended by adding Section 5f as follows:
 
    (20 ILCS 505/5f new)
    Sec. 5f. Reimbursement rates. On July 1, 2019, the
Department of Children and Family Services shall increase rates
in effect on June 30, 2019 for providers by 5%. The contractual
and grant services eligible for increased reimbursement rates
under this Section include the following:
    (1) Residential services, including child care
institutions, group home care, independent living services, or
transitional living services.
    (2) Specialized, adolescent, treatment, or other
non-traditional or Home-of-Relative foster care.
    (3) Traditional or Home-of-Relative foster care.
    (4) Intact family services.
    (5) Teen parenting services.
 
    (20 ILCS 661/Act rep.)
    Section 5-20. The High Speed Internet Services and
Information Technology Act is repealed.
 
    Section 5-25. The Illinois Promotion Act is amended by
changing Sections 3 and 8b as follows:
 
    (20 ILCS 665/3)  (from Ch. 127, par. 200-23)
    Sec. 3. Definitions. The following words and terms,
whenever used or referred to in this Act, shall have the
following meanings, except where the context may otherwise
require:
    (a) "Department" means the Department of Commerce and
Economic Opportunity of the State of Illinois.
    (b) "Local promotion group" means any non-profit
corporation, organization, association, agency or committee
thereof formed for the primary purpose of publicizing,
promoting, advertising or otherwise encouraging the
development of tourism in any municipality, county, or region
of Illinois.
    (c) "Promotional activities" means preparing, planning and
conducting campaigns of information, advertising and publicity
through such media as newspapers, radio, television,
magazines, trade journals, moving and still photography,
posters, outdoor signboards and personal contact within and
without the State of Illinois; dissemination of information,
advertising, publicity, photographs and other literature and
material designed to carry out the purpose of this Act; and
participation in and attendance at meetings and conventions
concerned primarily with tourism, including travel to and from
such meetings.
    (d) "Municipality" means "municipality" as defined in
Section 1-1-2 of the Illinois Municipal Code, as heretofore and
hereafter amended.
    (e) "Tourism" means travel 50 miles or more one-way or an
overnight trip outside of a person's normal routine.
    (f) "Municipal amateur sports facility" means a sports
facility that: (1) is owned by a unit of local government; (2)
has contiguous indoor sports competition space; (3) is designed
to principally accommodate and host amateur competitions for
youths, adults, or both; and (4) is not used for professional
sporting events where participants are compensated for their
participation.
    (g) "Municipal convention center" means a convention
center or civic center owned by a unit of local government or
operated by a convention center authority, or a municipal
convention hall as defined in paragraph (1) of Section 11-65-1
of the Illinois Municipal Code, with contiguous exhibition
space ranging between 30,000 and 125,000 square feet.
    (h) "Convention center authority" means an Authority, as
defined by the Civic Center Code, that operates a municipal
convention center with contiguous exhibition space ranging
between 30,000 and 125,000 square feet.
    (i) "Incentive" means: (1) a financial an incentive
provided by a unit of local government municipal convention
center or convention center authority to attract for a
convention, meeting, or trade show held at a municipal
convention center that, but for the incentive, would not have
occurred in the State or been retained in the State; or (2) a
financial an incentive provided by a unit of local government
for attracting a sporting event held at its a municipal amateur
sports facility that, but for the incentive, would not have
occurred in the State or been retained in the State; but (3)
only a financial incentive offered or provided to a person or
entity in the form of financial benefits or costs which are
allowable costs pursuant to the Grant Accountability and
Transparency Act.
(Source: P.A. 99-476, eff. 8-27-15.)
 
    (20 ILCS 665/8b)
    Sec. 8b. Municipal convention center and sports facility
attraction grants.
    (a) Until July 1, 2022, the Department is authorized to
make grants, subject to appropriation by the General Assembly,
from the Tourism Promotion Fund to a unit of local government ,
municipal convention center, or convention center authority
that provides incentives, as defined in subsection (i) of
Section 3 of this Act, for the purpose of attracting
conventions, meetings, and trade shows to municipal convention
centers or and attracting sporting events to municipal amateur
sports facilities. Grants awarded under this Section shall be
based on the net proceeds received under the Hotel Operators'
Occupation Tax Act for the renting, leasing, or letting of
hotel rooms in the municipality in which the municipal
convention center or municipal amateur sports facility is
located for the month in which the convention, meeting, trade
show, or sporting event occurs. Grants shall not exceed 80% of
the incentive amount provided by the unit of local government ,
municipal convention center, or convention center authority.
Further, in no event may the aggregate amount of grants awarded
with respect to a single municipal convention center ,
convention center authority, or municipal amateur sports
facility exceed $200,000 in any calendar year. The Department
may, by rule, require any other provisions it deems necessary
in order to protect the State's interest in administering this
program.
    (b) No later than May 15 of each year, through May 15,
2022, the unit of local government , municipal convention
center, or convention center authority shall certify to the
Department the amounts of funds expended in the previous
calendar fiscal year to provide qualified incentives; however,
in no event may the certified amount pursuant to this paragraph
exceed $200,000 with respect to for any municipal convention
center , convention center authority, or municipal amateur
sports facility in any calendar year. The unit of local
government , convention center, or convention center authority
shall certify (A) the net proceeds received under the Hotel
Operators' Occupation Tax Act for the renting, leasing, or
letting of hotel rooms in the municipality for the month in
which the convention, meeting, or trade show occurs and (B) the
average of the net proceeds received under the Hotel Operators'
Occupation Tax Act for the renting, leasing, or letting of
hotel rooms in the municipality for the same month in the 3
immediately preceding years. The unit of local government ,
municipal convention center, or convention center authority
shall include the incentive amounts as part of its regular
audit.
    (b-5) Grants awarded to a unit of local government ,
municipal convention center, or convention center authority
may be made by the Department of Commerce and Economic
Opportunity from appropriations for those purposes for any
fiscal year, without regard to the fact that the qualification
or obligation may have occurred in a prior fiscal year.
    (c) The Department shall submit a report, which must be
provided electronically, on the effectiveness of the program
established under this Section to the General Assembly no later
than January 1, 2022.
(Source: P.A. 99-476, eff. 8-27-15; 100-643, eff. 7-27-18.)
 
    Section 5-30. The Department of Human Services Act is
amended by changing Section 1-50 as follows:
 
    (20 ILCS 1305/1-50)
    Sec. 1-50. Department of Human Services Community Services
Fund.
    (a) The Department of Human Services Community Services
Fund is created in the State treasury as a special fund.
    (b) The Fund is created for the purpose of receiving and
disbursing moneys in accordance with this Section.
Disbursements from the Fund shall be made, subject to
appropriation, for payment of expenses incurred by the
Department of Human Services in support of the Department's
rebalancing services, mental health services, and substance
abuse and prevention services.
    (c) The Fund shall consist of the following:
        (1) Moneys transferred from another State fund.
        (2) All federal moneys received as a result of
    expenditures that are attributable to moneys deposited in
    the Fund.
        (3) All other moneys received for the Fund from any
    other source.
        (4) Interest earned upon moneys in the Fund.
(Source: P.A. 96-1530, eff. 2-16-11.)
 
    Section 5-35. The State Finance Act is amended by changing
Sections 5.857, 5h.5, 6z-27, 6z-32, 6z-51, 6z-70, 6z-100, 8.3,
8g, 8g-1, 13.2, and 25 and by adding Sections 5.891 and 6z-107
as follows:
 
    (30 ILCS 105/5.857)
    (Section scheduled to be repealed on July 1, 2019)
    Sec. 5.857. The Capital Development Board Revolving Fund.
This Section is repealed July 1, 2020 2019.
(Source: P.A. 99-78, eff. 7-20-15; 99-523, eff. 6-30-16;
100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
    (30 ILCS 105/5.891 new)
    Sec. 5.891. The Governor's Administrative Fund.
 
    (30 ILCS 105/5h.5)
    Sec. 5h.5. Cash flow borrowing and general funds liquidity;
Fiscal Years 2018, and 2019, 2020, and 2021.
    (a) In order to meet cash flow deficits and to maintain
liquidity in general funds and the Health Insurance Reserve
Fund, on and after July 1, 2017 and through March 1, 2021 2019,
the State Treasurer and the State Comptroller, in consultation
with the Governor's Office of Management and Budget, shall make
transfers to general funds and the Health Insurance Reserve
Fund, as directed by the State Comptroller, out of special
funds of the State, to the extent allowed by federal law.
    No such transfer may reduce the cumulative balance of all
of the special funds of the State to an amount less than the
total debt service payable during the 12 months immediately
following the date of the transfer on any bonded indebtedness
of the State and any certificates issued under the Short Term
Borrowing Act. At no time shall the outstanding total transfers
made from the special funds of the State to general funds and
the Health Insurance Reserve Fund under this Section exceed
$1,200,000,000; once the amount of $1,200,000,000 has been
transferred from the special funds of the State to general
funds and the Health Insurance Reserve Fund, additional
transfers may be made from the special funds of the State to
general funds and the Health Insurance Reserve Fund under this
Section only to the extent that moneys have first been
re-transferred from general funds and the Health Insurance
Reserve Fund to those special funds of the State.
Notwithstanding any other provision of this Section, no such
transfer may be made from any special fund that is exclusively
collected by or directly appropriated to any other
constitutional officer without the written approval of that
constitutional officer.
    (b) If moneys have been transferred to general funds and
the Health Insurance Reserve Fund pursuant to subsection (a) of
this Section, Public Act 100-23 this amendatory Act of the
100th General Assembly shall constitute the continuing
authority for and direction to the State Treasurer and State
Comptroller to reimburse the funds of origin from general funds
by transferring to the funds of origin, at such times and in
such amounts as directed by the Comptroller when necessary to
support appropriated expenditures from the funds, an amount
equal to that transferred from them plus any interest that
would have accrued thereon had the transfer not occurred,
except that any moneys transferred pursuant to subsection (a)
of this Section shall be repaid to the fund of origin within 48
24 months after the date on which they were borrowed. When any
of the funds from which moneys have been transferred pursuant
to subsection (a) have insufficient cash from which the State
Comptroller may make expenditures properly supported by
appropriations from the fund, then the State Treasurer and
State Comptroller shall transfer from general funds to the fund
only such amount as is immediately necessary to satisfy
outstanding expenditure obligations on a timely basis.
    (c) On the first day of each quarterly period in each
fiscal year, until such time as a report indicates that all
moneys borrowed and interest pursuant to this Section have been
repaid, the Comptroller shall provide to the President and the
Minority Leader of the Senate, the Speaker and the Minority
Leader of the House of Representatives, and the Commission on
Government Forecasting and Accountability a report on all
transfers made pursuant to this Section in the prior quarterly
period. The report must be provided in electronic format. The
report must include all of the following:
        (1) the date each transfer was made;
        (2) the amount of each transfer;
        (3) in the case of a transfer from general funds to a
    fund of origin pursuant to subsection (b) of this Section,
    the amount of interest being paid to the fund of origin;
    and
        (4) the end of day balance of the fund of origin, the
    general funds, and the Health Insurance Reserve Fund on the
    date the transfer was made.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
    (30 ILCS 105/6z-27)
    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
transferred, appropriated and used only for the purposes
authorized by, and subject to the limitations and conditions
prescribed by, the State Auditing Act.
    Within 30 days after the effective date of this amendatory
Act of the 101st 100th General Assembly, the State Comptroller
shall order transferred and the State Treasurer shall transfer
from the following funds moneys in the specified amounts for
deposit into the Audit Expense Fund:
Agricultural Premium Fund.......................152,228 18,792
Assisted Living and Shared Housing Regulatory Fund......2,549
Anna Veterans Home Fund.................................8,050
Appraisal Administration Fund...........................4,373
Attorney General Court Ordered and Voluntary Compliance
    Payment Projects Fund..............................14,421
Attorney General Whistleblower Reward and
    Protection Fund.....................................9,220
Bank and Trust Company Fund............................93,160
Budget Stabilization Fund.............................131,491
Care Provider Fund for Persons with a
    Developmental Disability......................14,212 6,003
CDLIS/AAMVAnet/NMVTIS Trust Fund...................5,031 2,495
Cemetery Oversight Licensing and Disciplinary Fund......5,583
Chicago State University Education Improvement Fund.4,036 4,233
Child Support Administrative Fund..................5,843 2,299
Clean Air Act Permit Fund.................................980
Commitment to Human Services Fund.....................122,475
Common School Fund.............................238,911 433,663
Community Association Manager Licensing and
    Disciplinary Fund.....................................877
Community Mental Health Medicaid Trust Fund.......23,615 9,897
Corporate Franchise Tax Refund Fund.....................3,294
Credit Union Fund......................................22,441
Cycle Rider Safety Training Fund........................1,084
DCFS Children's Services Fund.........................241,473
Death Certificate Surcharge Fund........................4,790
Death Penalty Abolition Fund............................6,142
Department of Business Services Special
    Operations Fund...............................11,370 5,493
Department of Corrections Reimbursement
    and Education Fund.................................18,389
Department of Human Services Community
    Services Fund.................................11,733 5,399
Design Professionals Administration and
    Investigation Fund..................................5,378
The Downstate Public Transportation Fund.........12,268 32,074
Downstate Transit Improvement Fund......................1,251
Dram Shop Fund............................................514
Driver Services Administration Fund..................1,272 897
Drivers Education Fund..................................1,417
Drug Rebate Fund.................................41,241 21,941
Drug Treatment Fund..................................1,530 527
Drunk and Drugged Driving Prevention Fund.................790
The Education Assistance Fund..............1,332,369 1,230,281
Electronic Health Record Incentive Fund..............2,575 657
Emergency Public Health Fund............................9,383
EMS Assistance Fund.....................................1,925
Energy Efficiency Portfolio Standards Fund............126,046
Environmental Protection Permit and Inspection Fund.......733
Estate Tax Refund Fund..................................1,877
Facilities Management Revolving Fund.............19,625 15,360
Facility Licensing Fund.................................2,411
Fair and Exposition Fund.............................4,698 911
Federal Financing Cost Reimbursement Fund.................649
Federal High Speed Rail Trust Fund...............14,092 59,579
Federal Workforce Training Fund.......................152,617
Feed Control Fund..................................8,112 1,584
Fertilizer Control Fund............................6,898 1,369
The Fire Prevention Fund...........................3,706 3,183
Food and Drug Safety Fund...............................4,068
Fund for the Advancement of Education...........14,680 130,528
General Professions Dedicated Fund................3,102 19,678
The General Revenue Fund...........................17,653,153
Grade Crossing Protection Fund.....................1,483 2,379
Grant Accountability and Transparency Fund................594
Hazardous Waste Fund......................................633
Health and Human Services Medicaid Trust Fund......9,399 3,852
Health Facility Plan Review Fund........................3,521
Healthcare Provider Relief Fund.................230,920 71,263
Healthy Smiles Fund.......................................892
Home Care Services Agency Licensure Fund................3,582
Horse Racing Fund.....................................215,160
Hospital Licensure Fund.................................1,946
Hospital Provider Fund..........................115,090 44,230
ICJIA Violence Prevention Fund..........................2,023
Illinois Affordable Housing Trust Fund.............7,306 5,478
Illinois Capital Revolving Loan Fund....................1,067
Illinois Charity Bureau Fund............................2,236
Illinois Clean Water Fund...............................1,177
Illinois Health Facilities Planning Fund................4,047
Illinois School Asbestos Abatement Fund.................1,150
Illinois Standardbred Breeders Fund....................12,452
Illinois Gaming Law Enforcement Fund....................1,395
Illinois State Dental Disciplinary Fund.................5,128
Illinois State Fair Fund..........................29,588 7,297
Illinois State Medical Disciplinary Fund...............21,473
Illinois State Pharmacy Disciplinary Fund...............8,839
Illinois Thoroughbred Breeders Fund....................19,485
Illinois Veterans Assistance Fund.......................3,863
Illinois Veterans' Rehabilitation Fund...............1,187 634
Illinois Workers' Compensation Commission
    Operations Fund..............................206,564 4,758
IMSA Income Fund...................................7,646 6,823
Income Tax Refund Fund..........................55,081 176,034
Insurance Financial Regulation Fund...................110,878
Insurance Premium Tax Refund Fund......................16,534
Insurance Producer Administration Fund................107,833
Intermodal Facilities Promotion Fund....................1,011
International Tourism Fund..............................6,566
LaSalle Veterans Home Fund.............................36,259
LEADS Maintenance Fund..................................1,050
Lead Poisoning Screening, Prevention, and
    Abatement Fund......................................7,730
Live and Learn Fund..............................21,306 10,805
Lobbyist Registration Administration Fund............1,088 521
The Local Government Distributive Fund..........31,539 113,119
Local Tourism Fund.....................................19,098
Long-Term Care Monitor/Receiver Fund...................54,094
Long-Term Care Provider Fund......................20,649 6,761
Mandatory Arbitration Fund..............................2,225
Manteno Veterans Home Fund.............................68,288
Medical Interagency Program Fund.....................1,948 602
Medical Special Purposes Trust Fund.....................2,073
Mental Health Fund................................15,458 3,358
Metabolic Screening and Treatment Fund.................44,251
Money Laundering Asset Recovery Fund....................1,115
Monitoring Device Driving Permit
    Administration Fee Fund..........................1,082 797
Motor Carrier Safety Inspection Fund....................1,289
The Motor Fuel Tax Fund.........................41,504 101,821
Motor Vehicle License Plate Fund..................14,732 5,094
Motor Vehicle Theft Prevention and Insurance
    Verification Trust Fund........645
Nursing Dedicated and Professional Fund...........3,690 10,673
Open Space Lands Acquisition and Development Fund.........943
Optometric Licensing and Disciplinary Board Fund........1,608
Partners for Conservation Fund....................43,490 8,973
The Personal Property Tax
    Replacement Fund...........................100,416 119,343
Pesticide Control Fund............................34,045 5,826
Plumbing Licensure and Program Fund.....................4,005
Professional Services Fund.........................3,806 1,569
Professions Indirect Cost Fund........................176,535
Public Pension Regulation Fund..........................9,236
Public Health Laboratory Services Revolving Fund........7,750
The Public Transportation Fund...................31,285 91,397
Quincy Veterans Home Fund..............................64,594
Real Estate License Administration Fund................34,822
Renewable Energy Resources Trust Fund..................10,947
Regional Transportation Authority Occupation and
    Use Tax Replacement Fund.........................898 3,486
Registered Certified Public Accountants' Administration
    and Disciplinary Fund...............................3,423
Rental Housing Support Program Fund..................503 2,388
Residential Finance Regulatory Fund....................17,742
The Road Fund..................................215,480 662,332
Roadside Memorial Fund..................................1,170
Savings Bank Regulatory Fund............................2,270
School Infrastructure Fund.......................15,933 14,441
Secretary of State DUI Administration Fund.........1,980 1,107
Secretary of State Identification Security and Theft
    Prevention Fund...............................12,530 6,154
Secretary of State Special License Plate Fund......3,274 2,210
Secretary of State Special Services Fund.........18,638 10,306
Securities Audit and Enforcement Fund..............7,900 3,972
Solid Waste Management Fund...............................959
Special Education Medicaid Matching Fund...........7,016 2,346
State and Local Sales Tax Reform Fund..............2,022 6,592
State Asset Forfeiture Fund.............................1,239
State Construction Account Fund.................33,539 106,236
State Crime Laboratory Fund.............................4,020
State Gaming Fund...............................83,992 200,367
The State Garage Revolving Fund....................5,770 5,521
The State Lottery Fund.........................487,256 215,561
State Offender DNA Identification System Fund...........1,270
State Pensions Fund...................................500,000
State Police DUI Fund...................................1,050
State Police Firearm Services Fund......................4,116
State Police Services Fund.............................11,485
State Police Vehicle Fund...............................6,004
State Police Whistleblower Reward
    and Protection Fund.................................3,519
State Treasurer's Bank Services Trust Fund................625
Supplemental Low-Income Energy Assistance Fund.........74,279
Supreme Court Special Purposes Fund.....................3,879
Tattoo and Body Piercing Establishment
    Registration Fund.....................................706
Tax Compliance and Administration Fund.............1,490 1,479
Technology Management Revolving Fund..................204,090
Tobacco Settlement Recovery Fund..................34,105 1,855
Tourism Promotion Fund.................................40,541
Trauma Center Fund.....................................10,783
Underground Storage Tank Fund...........................2,737
University of Illinois Hospital Services Fund......4,602 1,924
The Vehicle Inspection Fund........................4,243 1,469
Violent Crime Victims Assistance Fund..................13,911
Weights and Measures Fund.........................27,517 5,660
The Working Capital Revolving Fund.....................18,184
    Notwithstanding any provision of the law to the contrary,
the General Assembly hereby authorizes the use of such funds
for the purposes set forth in this Section.
    These provisions do not apply to funds classified by the
Comptroller as federal trust funds or State trust funds. The
Audit Expense Fund may receive transfers from those trust funds
only as directed herein, except where prohibited by the terms
of the trust fund agreement. The Auditor General shall notify
the trustees of those funds of the estimated cost of the audit
to be incurred under the Illinois State Auditing Act for the
fund. The trustees of those funds shall direct the State
Comptroller and Treasurer to transfer the estimated amount to
the Audit Expense Fund.
    The Auditor General may bill entities that are not subject
to the above transfer provisions, including private entities,
related organizations and entities whose funds are
locally-held, for the cost of audits, studies, and
investigations incurred on their behalf. Any revenues received
under this provision shall be deposited into the Audit Expense
Fund.
    In the event that moneys on deposit in any fund are
unavailable, by reason of deficiency or any other reason
preventing their lawful transfer, the State Comptroller shall
order transferred and the State Treasurer shall transfer the
amount deficient or otherwise unavailable from the General
Revenue Fund for deposit into the Audit Expense Fund.
    On or before December 1, 1992, and each December 1
thereafter, the Auditor General shall notify the Governor's
Office of Management and Budget (formerly Bureau of the Budget)
of the amount estimated to be necessary to pay for audits,
studies, and investigations in accordance with the Illinois
State Auditing Act during the next succeeding fiscal year for
each State fund for which a transfer or reimbursement is
anticipated.
    Beginning with fiscal year 1994 and during each fiscal year
thereafter, the Auditor General may direct the State
Comptroller and Treasurer to transfer moneys from funds
authorized by the General Assembly for that fund. In the event
funds, including federal and State trust funds but excluding
the General Revenue Fund, are transferred, during fiscal year
1994 and during each fiscal year thereafter, in excess of the
amount to pay actual costs attributable to audits, studies, and
investigations as permitted or required by the Illinois State
Auditing Act or specific action of the General Assembly, the
Auditor General shall, on September 30, or as soon thereafter
as is practicable, direct the State Comptroller and Treasurer
to transfer the excess amount back to the fund from which it
was originally transferred.
(Source: P.A. 99-38, eff. 7-14-15; 99-523, eff. 6-30-16;
100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
    (30 ILCS 105/6z-32)
    Sec. 6z-32. Partners for Planning and Conservation.
    (a) The Partners for Conservation Fund (formerly known as
the Conservation 2000 Fund) and the Partners for Conservation
Projects Fund (formerly known as the Conservation 2000 Projects
Fund) are created as special funds in the State Treasury. These
funds shall be used to establish a comprehensive program to
protect Illinois' natural resources through cooperative
partnerships between State government and public and private
landowners. Moneys in these Funds may be used, subject to
appropriation, by the Department of Natural Resources,
Environmental Protection Agency, and the Department of
Agriculture for purposes relating to natural resource
protection, planning, recreation, tourism, and compatible
agricultural and economic development activities. Without
limiting these general purposes, moneys in these Funds may be
used, subject to appropriation, for the following specific
purposes:
        (1) To foster sustainable agriculture practices and
    control soil erosion and sedimentation, including grants
    to Soil and Water Conservation Districts for conservation
    practice cost-share grants and for personnel, educational,
    and administrative expenses.
        (2) To establish and protect a system of ecosystems in
    public and private ownership through conservation
    easements, incentives to public and private landowners,
    natural resource restoration and preservation, water
    quality protection and improvement, land use and watershed
    planning, technical assistance and grants, and land
    acquisition provided these mechanisms are all voluntary on
    the part of the landowner and do not involve the use of
    eminent domain.
        (3) To develop a systematic and long-term program to
    effectively measure and monitor natural resources and
    ecological conditions through investments in technology
    and involvement of scientific experts.
        (4) To initiate strategies to enhance, use, and
    maintain Illinois' inland lakes through education,
    technical assistance, research, and financial incentives.
        (5) To partner with private landowners and with units
    of State, federal, and local government and with
    not-for-profit organizations in order to integrate State
    and federal programs with Illinois' natural resource
    protection and restoration efforts and to meet
    requirements to obtain federal and other funds for
    conservation or protection of natural resources.
    (b) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month, beginning
on September 30, 1995 and ending on June 30, 2021, from the
General Revenue Fund to the Partners for Conservation Fund, an
amount equal to 1/10 of the amount set forth below in fiscal
year 1996 and an amount equal to 1/12 of the amount set forth
below in each of the other specified fiscal years:
Fiscal Year Amount
1996$ 3,500,000
1997$ 9,000,000
1998$10,000,000
1999$11,000,000
2000$12,500,000
2001 through 2004$14,000,000
2005 $7,000,000
2006 $11,000,000
2007 $0
2008 through 2011 $14,000,000
2012 $12,200,000
2013 through 2017 $14,000,000
2018 $1,500,000
2019 through 2021 $14,000,000
2020 $7,500,000
2021 $14,000,000
    (c) Notwithstanding any other provision of law to the
contrary and in addition to any other transfers that may be
provided for by law, on the last day of each month beginning on
July 31, 2006 and ending on June 30, 2007, or as soon
thereafter as may be practical, the State Comptroller shall
direct and the State Treasurer shall transfer $1,000,000 from
the Open Space Lands Acquisition and Development Fund to the
Partners for Conservation Fund (formerly known as the
Conservation 2000 Fund).
    (d) There shall be deposited into the Partners for
Conservation Projects Fund such bond proceeds and other moneys
as may, from time to time, be provided by law.
(Source: P.A. 100-23, eff. 7-6-17.)
 
    (30 ILCS 105/6z-51)
    Sec. 6z-51. Budget Stabilization Fund.
    (a) The Budget Stabilization Fund, a special fund in the
State Treasury, shall consist of moneys appropriated or
transferred to that Fund, as provided in Section 6z-43 and as
otherwise provided by law. All earnings on Budget Stabilization
Fund investments shall be deposited into that Fund.
    (b) The State Comptroller may direct the State Treasurer to
transfer moneys from the Budget Stabilization Fund to the
General Revenue Fund in order to meet cash flow deficits
resulting from timing variations between disbursements and the
receipt of funds within a fiscal year. Any moneys so borrowed
in any fiscal year other than Fiscal Year 2011 shall be repaid
by June 30 of the fiscal year in which they were borrowed. Any
moneys so borrowed in Fiscal Year 2011 shall be repaid no later
than July 15, 2011.
    (c) During Fiscal Year 2017 only, amounts may be expended
from the Budget Stabilization Fund only pursuant to specific
authorization by appropriation. Any moneys expended pursuant
to appropriation shall not be subject to repayment.
    (d) For Fiscal Year 2020, and beyond, any transfers into
the Fund pursuant to the Cannabis Regulation and Tax Act may be
transferred to the General Revenue Fund in order for the
Comptroller to address outstanding vouchers and shall not be
subject to repayment back into the Budget Stabilization Fund.
(Source: P.A. 99-523, eff. 6-30-16.)
 
    (30 ILCS 105/6z-70)
    Sec. 6z-70. The Secretary of State Identification Security
and Theft Prevention Fund.
    (a) The Secretary of State Identification Security and
Theft Prevention Fund is created as a special fund in the State
treasury. The Fund shall consist of any fund transfers, grants,
fees, or moneys from other sources received for the purpose of
funding identification security and theft prevention measures.
    (b) All moneys in the Secretary of State Identification
Security and Theft Prevention Fund shall be used, subject to
appropriation, for any costs related to implementing
identification security and theft prevention measures.
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (i) (Blank).
    (j) (Blank). Notwithstanding any other provision of State
law to the contrary, on or after July 1, 2017, and until June
30, 2018, in addition to any other transfers that may be
provided for by law, at the direction of and upon notification
of the Secretary of State, the State Comptroller shall direct
and the State Treasurer shall transfer amounts into the
Secretary of State Identification Security and Theft
Prevention Fund from the designated funds not exceeding the
following totals:
    Registered Limited Liability Partnership Fund....$287,000
    Securities Investors Education Fund............$1,500,000
    Department of Business Services Special
        Operations Fund............................$3,000,000
    Securities Audit and Enforcement Fund..........$3,500,000
    Corporate Franchise Tax Refund Fund............$3,000,000
    (k) Notwithstanding any other provision of State law to the
contrary, on or after July 1, 2018, and until June 30, 2019, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification of the Secretary
of State, the State Comptroller shall direct and the State
Treasurer shall transfer amounts into the Secretary of State
Identification Security and Theft Prevention Fund from the
designated funds not exceeding the following totals:
    Division of Corporations Registered Limited Liability
    Partnership Fund.....................................$287,000
    Securities Investors Education Fund............$1,500,000
    Department of Business Services Special
        Operations Fund............................$3,000,000
    Securities Audit and Enforcement Fund.........$3,500,000
    (l) Notwithstanding any other provision of State law to the
contrary, on or after July 1, 2019, and until June 30, 2020, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification of the Secretary
of State, the State Comptroller shall direct and the State
Treasurer shall transfer amounts into the Secretary of State
Identification Security and Theft Prevention Fund from the
designated funds not exceeding the following totals:
    Division of Corporations Registered Limited
        Liability Partnership Fund....................$287,000
    Securities Investors Education Fund.............$1,500,000
    Department of Business Services
        Special Operations Fund.....................$3,000,000
    Securities Audit and Enforcement Fund...........$3,500,000
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
    (30 ILCS 105/6z-100)
    (Section scheduled to be repealed on July 1, 2019)
    Sec. 6z-100. Capital Development Board Revolving Fund;
payments into and use. All monies received by the Capital
Development Board for publications or copies issued by the
Board, and all monies received for contract administration
fees, charges, or reimbursements owing to the Board shall be
deposited into a special fund known as the Capital Development
Board Revolving Fund, which is hereby created in the State
treasury. The monies in this Fund shall be used by the Capital
Development Board, as appropriated, for expenditures for
personal services, retirement, social security, contractual
services, legal services, travel, commodities, printing,
equipment, electronic data processing, or telecommunications.
Unexpended moneys in the Fund shall not be transferred or
allocated by the Comptroller or Treasurer to any other fund,
nor shall the Governor authorize the transfer or allocation of
those moneys to any other fund. This Section is repealed July
1, 2020 2019.
(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18.)
 
    (30 ILCS 105/6z-107 new)
    Sec. 6z-107. Governor's Administrative Fund. The
Governor's Administrative Fund is established as a special fund
in the State Treasury. The Fund may accept moneys from any
public source in the form of grants, deposits, and transfers,
and shall be used for purposes designated by the source of the
moneys and, if no specific purposes are designated, then for
the general administrative and operational costs of the
Governor's Office.
 
    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
    Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
        first -- to pay the cost of administration of Chapters
    2 through 10 of the Illinois Vehicle Code, except the cost
    of administration of Articles I and II of Chapter 3 of that
    Code; and
        secondly -- for expenses of the Department of
    Transportation for construction, reconstruction,
    improvement, repair, maintenance, operation, and
    administration of highways in accordance with the
    provisions of laws relating thereto, or for any purpose
    related or incident to and connected therewith, including
    the separation of grades of those highways with railroads
    and with highways and including the payment of awards made
    by the Illinois Workers' Compensation Commission under the
    terms of the Workers' Compensation Act or Workers'
    Occupational Diseases Act for injury or death of an
    employee of the Division of Highways in the Department of
    Transportation; or for the acquisition of land and the
    erection of buildings for highway purposes, including the
    acquisition of highway right-of-way or for investigations
    to determine the reasonably anticipated future highway
    needs; or for making of surveys, plans, specifications and
    estimates for and in the construction and maintenance of
    flight strips and of highways necessary to provide access
    to military and naval reservations, to defense industries
    and defense-industry sites, and to the sources of raw
    materials and for replacing existing highways and highway
    connections shut off from general public use at military
    and naval reservations and defense-industry sites, or for
    the purchase of right-of-way, except that the State shall
    be reimbursed in full for any expense incurred in building
    the flight strips; or for the operating and maintaining of
    highway garages; or for patrolling and policing the public
    highways and conserving the peace; or for the operating
    expenses of the Department relating to the administration
    of public transportation programs; or, during fiscal year
    2012 only, for the purposes of a grant not to exceed
    $8,500,000 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or, during fiscal year 2013 only, for the
    purposes of a grant not to exceed $3,825,000 to the
    Regional Transportation Authority on behalf of PACE for the
    purpose of ADA/Para-transit expenses; or, during fiscal
    year 2014 only, for the purposes of a grant not to exceed
    $3,825,000 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or, during fiscal year 2015 only, for the
    purposes of a grant not to exceed $3,825,000 to the
    Regional Transportation Authority on behalf of PACE for the
    purpose of ADA/Para-transit expenses; or, during fiscal
    year 2016 only, for the purposes of a grant not to exceed
    $3,825,000 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or, during fiscal year 2017 only, for the
    purposes of a grant not to exceed $3,825,000 to the
    Regional Transportation Authority on behalf of PACE for the
    purpose of ADA/Para-transit expenses; or, during fiscal
    year 2018 only, for the purposes of a grant not to exceed
    $3,825,000 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or, during fiscal year 2019 only, for the
    purposes of a grant not to exceed $3,825,000 to the
    Regional Transportation Authority on behalf of PACE for the
    purpose of ADA/Para-transit expenses; or, during fiscal
    year 2020 only, for the purposes of a grant not to exceed
    $8,394,800 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses; or for any of those purposes or any other purpose
    that may be provided by law.
    Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
    Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Department of Public Health;
        2. Department of Transportation, only with respect to
    subsidies for one-half fare Student Transportation and
    Reduced Fare for Elderly, except during fiscal year 2012
    only when no more than $40,000,000 may be expended and
    except during fiscal year 2013 only when no more than
    $17,570,300 may be expended and except during fiscal year
    2014 only when no more than $17,570,000 may be expended and
    except during fiscal year 2015 only when no more than
    $17,570,000 may be expended and except during fiscal year
    2016 only when no more than $17,570,000 may be expended and
    except during fiscal year 2017 only when no more than
    $17,570,000 may be expended and except during fiscal year
    2018 only when no more than $17,570,000 may be expended and
    except during fiscal year 2019 only when no more than
    $17,570,000 may be expended and except fiscal year 2020
    only when no more than $17,570,000 may be expended;
        3. Department of Central Management Services, except
    for expenditures incurred for group insurance premiums of
    appropriate personnel;
        4. Judicial Systems and Agencies.
    Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Department of State Police, except for expenditures
    with respect to the Division of Operations;
        2. Department of Transportation, only with respect to
    Intercity Rail Subsidies, except during fiscal year 2012
    only when no more than $40,000,000 may be expended and
    except during fiscal year 2013 only when no more than
    $26,000,000 may be expended and except during fiscal year
    2014 only when no more than $38,000,000 may be expended and
    except during fiscal year 2015 only when no more than
    $42,000,000 may be expended and except during fiscal year
    2016 only when no more than $38,300,000 may be expended and
    except during fiscal year 2017 only when no more than
    $50,000,000 may be expended and except during fiscal year
    2018 only when no more than $52,000,000 may be expended and
    except during fiscal year 2019 only when no more than
    $52,000,000 may be expended and except fiscal year 2020
    only when no more than $50,000,000 may be expended, and
    Rail Freight Services.
    Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
    Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
        1. Department of State Police, except not more than 40%
    of the funds appropriated for the Division of Operations;
        2. State Officers.
    Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road Fund
monies that are eligible for federal reimbursement. It shall
not be lawful to circumvent the above appropriation limitations
by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
    Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction of
permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
        first -- to pay the cost of administration of Chapters
    2 through 10 of the Illinois Vehicle Code; and
        secondly -- no Road Fund monies derived from fees,
    excises, or license taxes relating to registration,
    operation and use of vehicles on public highways or to
    fuels used for the propulsion of those vehicles, shall be
    appropriated or expended other than for costs of
    administering the laws imposing those fees, excises, and
    license taxes, statutory refunds and adjustments allowed
    thereunder, administrative costs of the Department of
    Transportation, including, but not limited to, the
    operating expenses of the Department relating to the
    administration of public transportation programs, payment
    of debts and liabilities incurred in construction and
    reconstruction of public highways and bridges, acquisition
    of rights-of-way for and the cost of construction,
    reconstruction, maintenance, repair, and operation of
    public highways and bridges under the direction and
    supervision of the State, political subdivision, or
    municipality collecting those monies, or during fiscal
    year 2012 only for the purposes of a grant not to exceed
    $8,500,000 to the Regional Transportation Authority on
    behalf of PACE for the purpose of ADA/Para-transit
    expenses, or during fiscal year 2013 only for the purposes
    of a grant not to exceed $3,825,000 to the Regional
    Transportation Authority on behalf of PACE for the purpose
    of ADA/Para-transit expenses, or during fiscal year 2014
    only for the purposes of a grant not to exceed $3,825,000
    to the Regional Transportation Authority on behalf of PACE
    for the purpose of ADA/Para-transit expenses, or during
    fiscal year 2015 only for the purposes of a grant not to
    exceed $3,825,000 to the Regional Transportation Authority
    on behalf of PACE for the purpose of ADA/Para-transit
    expenses, or during fiscal year 2016 only for the purposes
    of a grant not to exceed $3,825,000 to the Regional
    Transportation Authority on behalf of PACE for the purpose
    of ADA/Para-transit expenses, or during fiscal year 2017
    only for the purposes of a grant not to exceed $3,825,000
    to the Regional Transportation Authority on behalf of PACE
    for the purpose of ADA/Para-transit expenses, or during
    fiscal year 2018 only for the purposes of a grant not to
    exceed $3,825,000 to the Regional Transportation Authority
    on behalf of PACE for the purpose of ADA/Para-transit
    expenses, or during fiscal year 2019 only for the purposes
    of a grant not to exceed $3,825,000 to the Regional
    Transportation Authority on behalf of PACE for the purpose
    of ADA/Para-transit expenses, or during fiscal year 2020
    only for the purposes of a grant not to exceed $8,394,800
    to the Regional Transportation Authority on behalf of PACE
    for the purpose of ADA/Para-transit expenses, and the costs
    for patrolling and policing the public highways (by State,
    political subdivision, or municipality collecting that
    money) for enforcement of traffic laws. The separation of
    grades of such highways with railroads and costs associated
    with protection of at-grade highway and railroad crossing
    shall also be permissible.
    Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as provided
in Section 8 of the Motor Fuel Tax Law.
    Except as provided in this paragraph, beginning with fiscal
year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of its total fiscal year 1990 Road
Fund appropriations for those purposes unless otherwise
provided in Section 5g of this Act. For fiscal years 2003,
2004, 2005, 2006, and 2007 only, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of $97,310,000. For fiscal year 2008
only, no Road Fund monies shall be appropriated to the
Department of State Police for the purposes of this Section in
excess of $106,100,000. For fiscal year 2009 only, no Road Fund
monies shall be appropriated to the Department of State Police
for the purposes of this Section in excess of $114,700,000.
Beginning in fiscal year 2010, no road fund moneys shall be
appropriated to the Department of State Police. It shall not be
lawful to circumvent this limitation on appropriations by
governmental reorganization or other methods unless otherwise
provided in Section 5g of this Act.
    In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of this
Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
    Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State for
the purposes of this Section in excess of the total fiscal year
1994 Road Fund appropriations to the Secretary of State for
those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
    Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
    Fiscal Year 2000$80,500,000;
    Fiscal Year 2001$80,500,000;
    Fiscal Year 2002$80,500,000;
    Fiscal Year 2003$130,500,000;
    Fiscal Year 2004$130,500,000;
    Fiscal Year 2005$130,500,000;
    Fiscal Year 2006 $130,500,000;
    Fiscal Year 2007 $130,500,000;
    Fiscal Year 2008$130,500,000;
    Fiscal Year 2009 $130,500,000.
    For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.
    Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
    It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
    No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar as
appropriation of Road Fund monies is concerned.
    Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e of
this Act; nor to the General Revenue Fund, as authorized by
Public Act 93-25.
    The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
    The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by Public Act 94-91 shall be repaid to the Road Fund
from the General Revenue Fund in the next succeeding fiscal
year that the General Revenue Fund has a positive budgetary
balance, as determined by generally accepted accounting
principles applicable to government.
(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18; 100-863, eff.8-14-18.)
 
    (30 ILCS 105/8g)
    Sec. 8g. Fund transfers.
    (a) (Blank). In addition to any other transfers that may be
provided for by law, as soon as may be practical after June 9,
1999 (the effective date of Public Act 91-25), the State
Comptroller shall direct and the State Treasurer shall transfer
the sum of $10,000,000 from the General Revenue Fund to the
Motor Vehicle License Plate Fund created by Public Act 91-37.
    (b) (Blank). In addition to any other transfers that may be
provided for by law, as soon as may be practical after June 9,
1999 (the effective date of Public Act 91-25), the State
Comptroller shall direct and the State Treasurer shall transfer
the sum of $25,000,000 from the General Revenue Fund to the
Fund for Illinois' Future created by Public Act 91-38.
    (c) In addition to any other transfers that may be provided
for by law, on August 30 of each fiscal year's license period,
the Illinois Liquor Control Commission shall direct and the
State Comptroller and State Treasurer shall transfer from the
General Revenue Fund to the Youth Alcoholism and Substance
Abuse Prevention Fund an amount equal to the number of retail
liquor licenses issued for that fiscal year multiplied by $50.
    (d) The payments to programs required under subsection (d)
of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
be made, pursuant to appropriation, from the special funds
referred to in the statutes cited in that subsection, rather
than directly from the General Revenue Fund.
    Beginning January 1, 2000, on the first day of each month,
or as soon as may be practical thereafter, the State
Comptroller shall direct and the State Treasurer shall transfer
from the General Revenue Fund to each of the special funds from
which payments are to be made under subsection (d) of Section
28.1 of the Illinois Horse Racing Act of 1975 an amount equal
to 1/12 of the annual amount required for those payments from
that special fund, which annual amount shall not exceed the
annual amount for those payments from that special fund for the
calendar year 1998. The special funds to which transfers shall
be made under this subsection (d) include, but are not
necessarily limited to, the Agricultural Premium Fund; the
Metropolitan Exposition, Auditorium and Office Building Fund;
the Fair and Exposition Fund; the Illinois Standardbred
Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the
Illinois Veterans' Rehabilitation Fund. Except for transfers
attributable to prior fiscal years, during State fiscal year
2018 2020 only, no transfers shall be made from the General
Revenue Fund to the Agricultural Premium Fund, the Fair and
Exposition Fund, the Illinois Standardbred Breeders Fund, or
the Illinois Thoroughbred Breeders Fund.
    (e) (Blank). In addition to any other transfers that may be
provided for by law, as soon as may be practical after May 17,
2000 (the effective date of Public Act 91-704), but in no event
later than June 30, 2000, the State Comptroller shall direct
and the State Treasurer shall transfer the sum of $15,000,000
from the General Revenue Fund to the Fund for Illinois' Future.
    (f) (Blank). In addition to any other transfers that may be
provided for by law, as soon as may be practical after May 17,
2000 (the effective date of Public Act 91-704), but in no event
later than June 30, 2000, the State Comptroller shall direct
and the State Treasurer shall transfer the sum of $70,000,000
from the General Revenue Fund to the Long-Term Care Provider
Fund.
    (f-1) (Blank). In fiscal year 2002, in addition to any
other transfers that may be provided for by law, at the
direction of and upon notification from the Governor, the State
Comptroller shall direct and the State Treasurer shall transfer
amounts not exceeding a total of $160,000,000 from the General
Revenue Fund to the Long-Term Care Provider Fund.
    (g) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2001, or as soon thereafter as
may be practical, the State Comptroller shall direct and the
State Treasurer shall transfer the sum of $1,200,000 from the
General Revenue Fund to the Violence Prevention Fund.
    (h) (Blank). In each of fiscal years 2002 through 2004, but
not thereafter, in addition to any other transfers that may be
provided for by law, the State Comptroller shall direct and the
State Treasurer shall transfer $5,000,000 from the General
Revenue Fund to the Tourism Promotion Fund.
    (i) (Blank). On or after July 1, 2001 and until May 1,
2002, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2002.
    (i-1) (Blank). On or after July 1, 2002 and until May 1,
2003, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2003.
    (j) (Blank). On or after July 1, 2001 and no later than
June 30, 2002, in addition to any other transfers that may be
provided for by law, at the direction of and upon notification
from the Governor, the State Comptroller shall direct and the
State Treasurer shall transfer amounts not to exceed the
following sums into the Statistical Services Revolving Fund:
    From the General Revenue Fund.................$8,450,000
    From the Public Utility Fund..................1,700,000
    From the Transportation Regulatory Fund.......2,650,000
    From the Title III Social Security and
     Employment Fund...............................3,700,000
    From the Professions Indirect Cost Fund.......4,050,000
    From the Underground Storage Tank Fund........550,000
    From the Agricultural Premium Fund............750,000
    From the State Pensions Fund..................200,000
    From the Road Fund............................2,000,000
    From the Illinois Health Facilities
     Planning Fund.................................1,000,000
    From the Savings and Residential Finance
     Regulatory Fund...............................130,800
    From the Appraisal Administration Fund........28,600
    From the Pawnbroker Regulation Fund...........3,600
    From the Auction Regulation
     Administration Fund...........................35,800
    From the Bank and Trust Company Fund..........634,800
    From the Real Estate License
     Administration Fund...........................313,600
    (k) (Blank). In addition to any other transfers that may be
provided for by law, as soon as may be practical after December
20, 2001 (the effective date of Public Act 92-505), the State
Comptroller shall direct and the State Treasurer shall transfer
the sum of $2,000,000 from the General Revenue Fund to the
Teachers Health Insurance Security Fund.
    (k-1) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2002, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
    (k-2) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
    (k-3) (Blank). On or after July 1, 2002 and no later than
June 30, 2003, in addition to any other transfers that may be
provided for by law, at the direction of and upon notification
from the Governor, the State Comptroller shall direct and the
State Treasurer shall transfer amounts not to exceed the
following sums into the Statistical Services Revolving Fund:
    Appraisal Administration Fund.................$150,000
    General Revenue Fund..........................10,440,000
    Savings and Residential Finance
        Regulatory Fund...........................200,000
    State Pensions Fund...........................100,000
    Bank and Trust Company Fund...................100,000
    Professions Indirect Cost Fund................3,400,000
    Public Utility Fund...........................2,081,200
    Real Estate License Administration Fund.......150,000
    Title III Social Security and
        Employment Fund...........................1,000,000
    Transportation Regulatory Fund................3,052,100
    Underground Storage Tank Fund.................50,000
    (l) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2002, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $3,000,000 from
the General Revenue Fund to the Presidential Library and Museum
Operating Fund.
    (m) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2002 and on January 8, 2004
(the effective date of Public Act 93-648), or as soon
thereafter as may be practical, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of
$1,200,000 from the General Revenue Fund to the Violence
Prevention Fund.
    (n) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon thereafter as
may be practical, the State Comptroller shall direct and the
State Treasurer shall transfer the sum of $6,800,000 from the
General Revenue Fund to the DHS Recoveries Trust Fund.
    (o) (Blank). On or after July 1, 2003, and no later than
June 30, 2004, in addition to any other transfers that may be
provided for by law, at the direction of and upon notification
from the Governor, the State Comptroller shall direct and the
State Treasurer shall transfer amounts not to exceed the
following sums into the Vehicle Inspection Fund:
    From the Underground Storage Tank Fund .......$35,000,000.
    (p) (Blank). On or after July 1, 2003 and until May 1,
2004, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred from the Tobacco Settlement Recovery Fund to the
General Revenue Fund at the direction of and upon notification
from the Governor, but in any event on or before June 30, 2004.
    (q) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $5,000,000 from
the General Revenue Fund to the Illinois Military Family Relief
Fund.
    (r) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $1,922,000 from
the General Revenue Fund to the Presidential Library and Museum
Operating Fund.
    (s) (Blank). In addition to any other transfers that may be
provided for by law, on or after July 1, 2003, the State
Comptroller shall direct and the State Treasurer shall transfer
the sum of $4,800,000 from the Statewide Economic Development
Fund to the General Revenue Fund.
    (t) (Blank). In addition to any other transfers that may be
provided for by law, on or after July 1, 2003, the State
Comptroller shall direct and the State Treasurer shall transfer
the sum of $50,000,000 from the General Revenue Fund to the
Budget Stabilization Fund.
    (u) (Blank). On or after July 1, 2004 and until May 1,
2005, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2005.
    (v) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2004, or as soon thereafter as
may be practical, the State Comptroller shall direct and the
State Treasurer shall transfer the sum of $1,200,000 from the
General Revenue Fund to the Violence Prevention Fund.
    (w) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2004, or as soon thereafter as
may be practical, the State Comptroller shall direct and the
State Treasurer shall transfer the sum of $6,445,000 from the
General Revenue Fund to the Presidential Library and Museum
Operating Fund.
    (x) (Blank). In addition to any other transfers that may be
provided for by law, on January 15, 2005, or as soon thereafter
as may be practical, the State Comptroller shall direct and the
State Treasurer shall transfer to the General Revenue Fund the
following sums:
        From the State Crime Laboratory Fund, $200,000;
        From the State Police Wireless Service Emergency Fund,
    $200,000;
        From the State Offender DNA Identification System
    Fund, $800,000; and
        From the State Police Whistleblower Reward and
    Protection Fund, $500,000.
    (y) (Blank). Notwithstanding any other provision of law to
the contrary, in addition to any other transfers that may be
provided for by law on June 30, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the remaining balance from
the designated funds into the General Revenue Fund and any
future deposits that would otherwise be made into these funds
must instead be made into the General Revenue Fund:
        (1) the Keep Illinois Beautiful Fund;
        (2) the Metropolitan Fair and Exposition Authority
    Reconstruction Fund;
        (3) the New Technology Recovery Fund;
        (4) the Illinois Rural Bond Bank Trust Fund;
        (5) the ISBE School Bus Driver Permit Fund;
        (6) the Solid Waste Management Revolving Loan Fund;
        (7) the State Postsecondary Review Program Fund;
        (8) the Tourism Attraction Development Matching Grant
    Fund;
        (9) the Patent and Copyright Fund;
        (10) the Credit Enhancement Development Fund;
        (11) the Community Mental Health and Developmental
    Disabilities Services Provider Participation Fee Trust
    Fund;
        (12) the Nursing Home Grant Assistance Fund;
        (13) the By-product Material Safety Fund;
        (14) the Illinois Student Assistance Commission Higher
    EdNet Fund;
        (15) the DORS State Project Fund;
        (16) the School Technology Revolving Fund;
        (17) the Energy Assistance Contribution Fund;
        (18) the Illinois Building Commission Revolving Fund;
        (19) the Illinois Aquaculture Development Fund;
        (20) the Homelessness Prevention Fund;
        (21) the DCFS Refugee Assistance Fund;
        (22) the Illinois Century Network Special Purposes
    Fund; and
        (23) the Build Illinois Purposes Fund.
    (z) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $1,200,000 from
the General Revenue Fund to the Violence Prevention Fund.
    (aa) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $9,000,000 from
the General Revenue Fund to the Presidential Library and Museum
Operating Fund.
    (bb) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $6,803,600 from
the General Revenue Fund to the Securities Audit and
Enforcement Fund.
    (cc) (Blank). In addition to any other transfers that may
be provided for by law, on or after July 1, 2005 and until May
1, 2006, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2006.
    (dd) (Blank). In addition to any other transfers that may
be provided for by law, on April 1, 2005, or as soon thereafter
as may be practical, at the direction of the Director of Public
Aid (now Director of Healthcare and Family Services), the State
Comptroller shall direct and the State Treasurer shall transfer
from the Public Aid Recoveries Trust Fund amounts not to exceed
$14,000,000 to the Community Mental Health Medicaid Trust Fund.
    (ee) (Blank). Notwithstanding any other provision of law,
on July 1, 2006, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall transfer
the remaining balance from the Illinois Civic Center Bond Fund
to the Illinois Civic Center Bond Retirement and Interest Fund.
    (ff) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2006 and until
June 30, 2007, at the direction of and upon notification from
the Director of the Governor's Office of Management and Budget,
the State Comptroller shall direct and the State Treasurer
shall transfer amounts not exceeding a total of $1,900,000 from
the General Revenue Fund to the Illinois Capital Revolving Loan
Fund.
    (gg) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2006 and until May
1, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2007.
    (hh) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2006 and until
June 30, 2007, at the direction of and upon notification from
the Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
    DCFS Children's Services Fund..................$2,200,000
    Department of Corrections Reimbursement
        and Education Fund.........................$1,500,000
    Supplemental Low-Income Energy
        Assistance Fund...............................$75,000
    (ii) (Blank). In addition to any other transfers that may
be provided for by law, on or before August 31, 2006, the
Governor and the State Comptroller may agree to transfer the
surplus cash balance from the General Revenue Fund to the
Budget Stabilization Fund and the Pension Stabilization Fund in
equal proportions. The determination of the amount of the
surplus cash balance shall be made by the Governor, with the
concurrence of the State Comptroller, after taking into account
the June 30, 2006 balances in the general funds and the actual
or estimated spending from the general funds during the lapse
period. Notwithstanding the foregoing, the maximum amount that
may be transferred under this subsection (ii) is $50,000,000.
    (jj) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2006, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (kk) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2006, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (ll) (Blank). In addition to any other transfers that may
be provided for by law, on the first day of each calendar
quarter of the fiscal year beginning July 1, 2006, or as soon
thereafter as practical, the State Comptroller shall direct and
the State Treasurer shall transfer from the General Revenue
Fund amounts equal to one-fourth of $20,000,000 to the
Renewable Energy Resources Trust Fund.
    (mm) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2006, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
    (nn) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2006, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
    (oo) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2006 and until
June 30, 2007, at the direction of and upon notification from
the Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts identified as net receipts
from the sale of all or part of the Illinois Student Assistance
Commission loan portfolio from the Student Loan Operating Fund
to the General Revenue Fund. The maximum amount that may be
transferred pursuant to this Section is $38,800,000. In
addition, no transfer may be made pursuant to this Section that
would have the effect of reducing the available balance in the
Student Loan Operating Fund to an amount less than the amount
remaining unexpended and unreserved from the total
appropriations from the Fund estimated to be expended for the
fiscal year. The State Treasurer and Comptroller shall transfer
the amounts designated under this Section as soon as may be
practical after receiving the direction to transfer from the
Governor.
    (pp) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2006, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
    (qq) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2007 and until May
1, 2008, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2008.
    (rr) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2007 and until
June 30, 2008, at the direction of and upon notification from
the Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
    DCFS Children's Services Fund..................$2,200,000
    Department of Corrections Reimbursement
        and Education Fund.........................$1,500,000
    Supplemental Low-Income Energy
        Assistance Fund...............................$75,000
    (ss) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2007, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (tt) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2007, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (uu) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2007, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
    (vv) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2007, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
    (ww) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2007, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,500,000 from the General
Revenue Fund to the Predatory Lending Database Program Fund.
    (xx) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2007, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
    (yy) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2007, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Infrastructure
Fund.
    (zz) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2008, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
    (aaa) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2008 and until May
1, 2009, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2009.
    (bbb) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2008 and until
June 30, 2009, at the direction of and upon notification from
the Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
        DCFS Children's Services Fund..............$2,200,000
        Department of Corrections Reimbursement
        and Education Fund.........................$1,500,000
        Supplemental Low-Income Energy
        Assistance Fund...............................$75,000
    (ccc) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2008, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (ddd) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2008, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (eee) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2009, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
    (fff) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2009 and until May
1, 2010, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2010.
    (ggg) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2009, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (hhh) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2009, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (iii) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2009, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $100,000 from the General
Revenue Fund to the Heartsaver AED Fund.
    (jjj) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2009 and until
June 30, 2010, at the direction of and upon notification from
the Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$17,000,000 from the General Revenue Fund to the DCFS
Children's Services Fund.
    (lll) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2009, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
    (mmm) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2009, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $9,700,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
    (nnn) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2009, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $565,000 from the FY09
Budget Relief Fund to the Horse Racing Fund.
    (ooo) (Blank). In addition to any other transfers that may
be provided by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $600,000 from the General
Revenue Fund to the Temporary Relocation Expenses Revolving
Fund.
    (ppp) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2010, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
    (qqq) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2010 and until May
1, 2011, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2011.
    (rrr) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2010, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,675,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (sss) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2010, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (ttt) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2010, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $100,000 from the General
Revenue Fund to the Heartsaver AED Fund.
    (uuu) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2010, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
    (vvv) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2010, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Illinois Capital Revolving Loan Fund.
    (www) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2010, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $17,000,000 from the
General Revenue Fund to the DCFS Children's Services Fund.
    (xxx) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2010, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the Digital
Divide Elimination Infrastructure Fund, of which $1,000,000
shall go to the Workforce, Technology, and Economic Development
Fund and $1,000,000 to the Public Utility Fund.
    (yyy) (Blank). In addition to any other transfers that may
be provided for by law, on and after July 1, 2011 and until May
1, 2012, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2012.
    (zzz) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2011, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
    (aaaa) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2011, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (bbbb) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2011, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (cccc) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2011, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $14,100,000 from the
General Revenue Fund to the State Garage Revolving Fund.
    (dddd) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2011, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
    (eeee) (Blank). In addition to any other transfers that may
be provided for by law, on July 1, 2011, or as soon thereafter
as practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
(Source: P.A. 99-933, eff. 1-27-17; 100-23, eff. 7-6-17;
100-201, eff. 8-18-17; 100-863, eff. 8-14-18.)
 
    (30 ILCS 105/8g-1)
    Sec. 8g-1. Fund transfers.
    (a) (Blank).
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) (Blank).
    (h) (Blank).
    (i) (Blank).
    (j) (Blank).
    (k) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2017, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Grant Accountability and Transparency Fund.
    (l) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2018, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $800,000 from the General
Revenue Fund to the Grant Accountability and Transparency Fund.
    (m) (Blank). In addition to any other transfers that may be
provided for by law, on July 1, 2018, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $650,000 from the Capital
Development Board Contributory Trust Fund to the Facility
Management Revolving Fund.
    (m) In addition to any other transfers that may be provided
for by law, on July 1, 2018, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,750,000 from the Capital
Development Board Contributory Trust Fund to the U.S.
Environmental Protection Fund.
    (n) In addition to any other transfers that may be provided
for by law, on July 1, 2019, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $800,000 from the General
Revenue Fund to the Grant Accountability and Transparency Fund.
    (o) In addition to any other transfers that may be provided
for by law, on July 1, 2019, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $60,000,000 from the
Tourism Promotion Fund to the General Revenue Fund.
    (p) In addition to any other transfers that may be provided
for by law, on July 1, 2019, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the State Police
Whistleblower Reward and Protection Fund to the designated fund
not exceeding the following amount:
    Firearm Dealer License Certification Fund......$5,000,000
    (q) In addition to any other transfers that may be provided
for by law, on July 1, 2019, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Governor's Administrative Fund.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
    Sec. 13.2. Transfers among line item appropriations.
    (a) Transfers among line item appropriations from the same
treasury fund for the objects specified in this Section may be
made in the manner provided in this Section when the balance
remaining in one or more such line item appropriations is
insufficient for the purpose for which the appropriation was
made.
    (a-1) No transfers may be made from one agency to another
agency, nor may transfers be made from one institution of
higher education to another institution of higher education
except as provided by subsection (a-4).
    (a-2) Except as otherwise provided in this Section,
transfers may be made only among the objects of expenditure
enumerated in this Section, except that no funds may be
transferred from any appropriation for personal services, from
any appropriation for State contributions to the State
Employees' Retirement System, from any separate appropriation
for employee retirement contributions paid by the employer, nor
from any appropriation for State contribution for employee
group insurance. During State fiscal year 2005, an agency may
transfer amounts among its appropriations within the same
treasury fund for personal services, employee retirement
contributions paid by employer, and State Contributions to
retirement systems; notwithstanding and in addition to the
transfers authorized in subsection (c) of this Section, the
fiscal year 2005 transfers authorized in this sentence may be
made in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund. During
State fiscal year 2007, the Departments of Children and Family
Services, Corrections, Human Services, and Juvenile Justice
may transfer amounts among their respective appropriations
within the same treasury fund for personal services, employee
retirement contributions paid by employer, and State
contributions to retirement systems. During State fiscal year
2010, the Department of Transportation may transfer amounts
among their respective appropriations within the same treasury
fund for personal services, employee retirement contributions
paid by employer, and State contributions to retirement
systems. During State fiscal years 2010 and 2014 only, an
agency may transfer amounts among its respective
appropriations within the same treasury fund for personal
services, employee retirement contributions paid by employer,
and State contributions to retirement systems.
Notwithstanding, and in addition to, the transfers authorized
in subsection (c) of this Section, these transfers may be made
in an amount not to exceed 2% of the aggregate amount
appropriated to an agency within the same treasury fund.
    (a-2.5) (Blank). During State fiscal year 2015 only, the
State's Attorneys Appellate Prosecutor may transfer amounts
among its respective appropriations contained in operational
line items within the same treasury fund. Notwithstanding, and
in addition to, the transfers authorized in subsection (c) of
this Section, these transfers may be made in an amount not to
exceed 4% of the aggregate amount appropriated to the State's
Attorneys Appellate Prosecutor within the same treasury fund.
    (a-3) Further, if an agency receives a separate
appropriation for employee retirement contributions paid by
the employer, any transfer by that agency into an appropriation
for personal services must be accompanied by a corresponding
transfer into the appropriation for employee retirement
contributions paid by the employer, in an amount sufficient to
meet the employer share of the employee contributions required
to be remitted to the retirement system.
    (a-4) Long-Term Care Rebalancing. The Governor may
designate amounts set aside for institutional services
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services to be
transferred to all State agencies responsible for the
administration of community-based long-term care programs,
including, but not limited to, community-based long-term care
programs administered by the Department of Healthcare and
Family Services, the Department of Human Services, and the
Department on Aging, provided that the Director of Healthcare
and Family Services first certifies that the amounts being
transferred are necessary for the purpose of assisting persons
in or at risk of being in institutional care to transition to
community-based settings, including the financial data needed
to prove the need for the transfer of funds. The total amounts
transferred shall not exceed 4% in total of the amounts
appropriated from the General Revenue Fund or any other State
fund that receives monies for long-term care services for each
fiscal year. A notice of the fund transfer must be made to the
General Assembly and posted at a minimum on the Department of
Healthcare and Family Services website, the Governor's Office
of Management and Budget website, and any other website the
Governor sees fit. These postings shall serve as notice to the
General Assembly of the amounts to be transferred. Notice shall
be given at least 30 days prior to transfer.
    (b) In addition to the general transfer authority provided
under subsection (c), the following agencies have the specific
transfer authority granted in this subsection:
    The Department of Healthcare and Family Services is
authorized to make transfers representing savings attributable
to not increasing grants due to the births of additional
children from line items for payments of cash grants to line
items for payments for employment and social services for the
purposes outlined in subsection (f) of Section 4-2 of the
Illinois Public Aid Code.
    The Department of Children and Family Services is
authorized to make transfers not exceeding 2% of the aggregate
amount appropriated to it within the same treasury fund for the
following line items among these same line items: Foster Home
and Specialized Foster Care and Prevention, Institutions and
Group Homes and Prevention, and Purchase of Adoption and
Guardianship Services.
    The Department on Aging is authorized to make transfers not
exceeding 2% of the aggregate amount appropriated to it within
the same treasury fund for the following Community Care Program
line items among these same line items: purchase of services
covered by the Community Care Program and Comprehensive Case
Coordination.
    The State Treasurer is authorized to make transfers among
line item appropriations from the Capital Litigation Trust
Fund, with respect to costs incurred in fiscal years 2002 and
2003 only, when the balance remaining in one or more such line
item appropriations is insufficient for the purpose for which
the appropriation was made, provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
    The State Board of Education is authorized to make
transfers from line item appropriations within the same
treasury fund for General State Aid, General State Aid - Hold
Harmless, and Evidence-Based Funding, provided that no such
transfer may be made unless the amount transferred is no longer
required for the purpose for which that appropriation was made,
to the line item appropriation for Transitional Assistance when
the balance remaining in such line item appropriation is
insufficient for the purpose for which the appropriation was
made.
    The State Board of Education is authorized to make
transfers between the following line item appropriations
within the same treasury fund: Disabled Student
Services/Materials (Section 14-13.01 of the School Code),
Disabled Student Transportation Reimbursement (Section
14-13.01 of the School Code), Disabled Student Tuition -
Private Tuition (Section 14-7.02 of the School Code),
Extraordinary Special Education (Section 14-7.02b of the
School Code), Reimbursement for Free Lunch/Breakfast Program,
Summer School Payments (Section 18-4.3 of the School Code), and
Transportation - Regular/Vocational Reimbursement (Section
29-5 of the School Code). Such transfers shall be made only
when the balance remaining in one or more such line item
appropriations is insufficient for the purpose for which the
appropriation was made and provided that no such transfer may
be made unless the amount transferred is no longer required for
the purpose for which that appropriation was made.
    The Department of Healthcare and Family Services is
authorized to make transfers not exceeding 4% of the aggregate
amount appropriated to it, within the same treasury fund, among
the various line items appropriated for Medical Assistance.
    (c) The sum of such transfers for an agency in a fiscal
year shall not exceed 2% of the aggregate amount appropriated
to it within the same treasury fund for the following objects:
Personal Services; Extra Help; Student and Inmate
Compensation; State Contributions to Retirement Systems; State
Contributions to Social Security; State Contribution for
Employee Group Insurance; Contractual Services; Travel;
Commodities; Printing; Equipment; Electronic Data Processing;
Operation of Automotive Equipment; Telecommunications
Services; Travel and Allowance for Committed, Paroled and
Discharged Prisoners; Library Books; Federal Matching Grants
for Student Loans; Refunds; Workers' Compensation,
Occupational Disease, and Tort Claims; Late Interest Penalties
under the State Prompt Payment Act and Sections 368a and 370a
of the Illinois Insurance Code; and, in appropriations to
institutions of higher education, Awards and Grants.
Notwithstanding the above, any amounts appropriated for
payment of workers' compensation claims to an agency to which
the authority to evaluate, administer and pay such claims has
been delegated by the Department of Central Management Services
may be transferred to any other expenditure object where such
amounts exceed the amount necessary for the payment of such
claims.
    (c-1) (Blank). Special provisions for State fiscal year
2003. Notwithstanding any other provision of this Section to
the contrary, for State fiscal year 2003 only, transfers among
line item appropriations to an agency from the same treasury
fund may be made provided that the sum of such transfers for an
agency in State fiscal year 2003 shall not exceed 3% of the
aggregate amount appropriated to that State agency for State
fiscal year 2003 for the following objects: personal services,
except that no transfer may be approved which reduces the
aggregate appropriations for personal services within an
agency; extra help; student and inmate compensation; State
contributions to retirement systems; State contributions to
social security; State contributions for employee group
insurance; contractual services; travel; commodities;
printing; equipment; electronic data processing; operation of
automotive equipment; telecommunications services; travel and
allowance for committed, paroled, and discharged prisoners;
library books; federal matching grants for student loans;
refunds; workers' compensation, occupational disease, and tort
claims; and, in appropriations to institutions of higher
education, awards and grants.
    (c-2) (Blank). Special provisions for State fiscal year
2005. Notwithstanding subsections (a), (a-2), and (c), for
State fiscal year 2005 only, transfers may be made among any
line item appropriations from the same or any other treasury
fund for any objects or purposes, without limitation, when the
balance remaining in one or more such line item appropriations
is insufficient for the purpose for which the appropriation was
made, provided that the sum of those transfers by a State
agency shall not exceed 4% of the aggregate amount appropriated
to that State agency for fiscal year 2005.
    (c-3) (Blank). Special provisions for State fiscal year
2015. Notwithstanding any other provision of this Section, for
State fiscal year 2015, transfers among line item
appropriations to a State agency from the same State treasury
fund may be made for operational or lump sum expenses only,
provided that the sum of such transfers for a State agency in
State fiscal year 2015 shall not exceed 4% of the aggregate
amount appropriated to that State agency for operational or
lump sum expenses for State fiscal year 2015. For the purpose
of this subsection, "operational or lump sum expenses" includes
the following objects: personal services; extra help; student
and inmate compensation; State contributions to retirement
systems; State contributions to social security; State
contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'
compensation, occupational disease, and tort claims; lump sum
and other purposes; and lump sum operations. For the purpose of
this subsection (c-3), "State agency" does not include the
Attorney General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
    (c-4) (Blank). Special provisions for State fiscal year
2018. Notwithstanding any other provision of this Section, for
State fiscal year 2018, transfers among line item
appropriations to a State agency from the same State treasury
fund may be made for operational or lump sum expenses only,
provided that the sum of such transfers for a State agency in
State fiscal year 2018 shall not exceed 4% of the aggregate
amount appropriated to that State agency for operational or
lump sum expenses for State fiscal year 2018. For the purpose
of this subsection (c-4), "operational or lump sum expenses"
includes the following objects: personal services; extra help;
student and inmate compensation; State contributions to
retirement systems; State contributions to social security;
State contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'
compensation, occupational disease, and tort claims; lump sum
and other purposes; and lump sum operations. For the purpose of
this subsection (c-4), "State agency" does not include the
Attorney General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
    (c-5) Special provisions for State fiscal year 2019.
Notwithstanding any other provision of this Section, for State
fiscal year 2019, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2019
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2019. For the purpose of this subsection
(c-5), "operational or lump sum expenses" includes the
following objects: personal services; extra help; student and
inmate compensation; State contributions to retirement
systems; State contributions to social security; State
contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'
compensation, occupational disease, and tort claims; lump sum
and other purposes; and lump sum operations. For the purpose of
this subsection (c-5), "State agency" does not include the
Attorney General, the Secretary of State, the Comptroller, the
Treasurer, or the legislative or judicial branches.
    (c-6) Special provisions for State fiscal year 2020.
Notwithstanding any other provision of this Section, for State
fiscal year 2020, transfers among line item appropriations to a
State agency from the same State treasury fund may be made for
operational or lump sum expenses only, provided that the sum of
such transfers for a State agency in State fiscal year 2020
shall not exceed 4% of the aggregate amount appropriated to
that State agency for operational or lump sum expenses for
State fiscal year 2020. For the purpose of this subsection
(c-6), "operational or lump sum expenses" includes the
following objects: personal services; extra help; student and
inmate compensation; State contributions to retirement
systems; State contributions to social security; State
contributions for employee group insurance; contractual
services; travel; commodities; printing; equipment; electronic
data processing; operation of automotive equipment;
telecommunications services; travel and allowance for
committed, paroled, and discharged prisoners; library books;
federal matching grants for student loans; refunds; workers'
compensation, occupational disease, and tort claims; Late
Interest Penalties under the State Prompt Payment Act and
Sections 368a and 370a of the Illinois Insurance Code; lump sum
and other purposes; and lump sum operations. For the purpose of
this subsection (c-6), "State agency" does not include the
Attorney General, the Secretary of State, the Comptroller, the
Treasurer, or the judicial or legislative branches.
    (d) Transfers among appropriations made to agencies of the
Legislative and Judicial departments and to the
constitutionally elected officers in the Executive branch
require the approval of the officer authorized in Section 10 of
this Act to approve and certify vouchers. Transfers among
appropriations made to the University of Illinois, Southern
Illinois University, Chicago State University, Eastern
Illinois University, Governors State University, Illinois
State University, Northeastern Illinois University, Northern
Illinois University, Western Illinois University, the Illinois
Mathematics and Science Academy and the Board of Higher
Education require the approval of the Board of Higher Education
and the Governor. Transfers among appropriations to all other
agencies require the approval of the Governor.
    The officer responsible for approval shall certify that the
transfer is necessary to carry out the programs and purposes
for which the appropriations were made by the General Assembly
and shall transmit to the State Comptroller a certified copy of
the approval which shall set forth the specific amounts
transferred so that the Comptroller may change his records
accordingly. The Comptroller shall furnish the Governor with
information copies of all transfers approved for agencies of
the Legislative and Judicial departments and transfers
approved by the constitutionally elected officials of the
Executive branch other than the Governor, showing the amounts
transferred and indicating the dates such changes were entered
on the Comptroller's records.
    (e) The State Board of Education, in consultation with the
State Comptroller, may transfer line item appropriations for
General State Aid or Evidence-Based Funding among between the
Common School Fund and the Education Assistance Fund, and, for
State fiscal year 2020, the Fund for the Advancement of
Education. With the advice and consent of the Governor's Office
of Management and Budget, the State Board of Education, in
consultation with the State Comptroller, may transfer line item
appropriations between the General Revenue Fund and the
Education Assistance Fund for the following programs:
        (1) Disabled Student Personnel Reimbursement (Section
    14-13.01 of the School Code);
        (2) Disabled Student Transportation Reimbursement
    (subsection (b) of Section 14-13.01 of the School Code);
        (3) Disabled Student Tuition - Private Tuition
    (Section 14-7.02 of the School Code);
        (4) Extraordinary Special Education (Section 14-7.02b
    of the School Code);
        (5) Reimbursement for Free Lunch/Breakfast Programs;
        (6) Summer School Payments (Section 18-4.3 of the
    School Code);
        (7) Transportation - Regular/Vocational Reimbursement
    (Section 29-5 of the School Code);
        (8) Regular Education Reimbursement (Section 18-3 of
    the School Code); and
        (9) Special Education Reimbursement (Section 14-7.03
    of the School Code).
    (f) For State fiscal year 2020 only, the Department on
Aging, in consultation with the State Comptroller, with the
advice and consent of the Governor's Office of Management and
Budget, may transfer line item appropriations for purchase of
services covered by the Community Care Program between the
General Revenue Fund and the Commitment to Human Services Fund.
(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
eff. 8-31-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18;
100-1064, eff. 8-24-18; revised 10-9-18.)
 
    (30 ILCS 105/25)  (from Ch. 127, par. 161)
    Sec. 25. Fiscal year limitations.
    (a) All appropriations shall be available for expenditure
for the fiscal year or for a lesser period if the Act making
that appropriation so specifies. A deficiency or emergency
appropriation shall be available for expenditure only through
June 30 of the year when the Act making that appropriation is
enacted unless that Act otherwise provides.
    (b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out of
the expiring appropriations during the 2-month period ending at
the close of business on August 31. Any service involving
professional or artistic skills or any personal services by an
employee whose compensation is subject to income tax
withholding must be performed as of June 30 of the fiscal year
in order to be considered an "outstanding liability as of June
30" that is thereby eligible for payment out of the expiring
appropriation.
    (b-1) However, payment of tuition reimbursement claims
under Section 14-7.03 or 18-3 of the School Code may be made by
the State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the claims
reimbursed by the payment may be claims attributable to a prior
fiscal year, and payments may be made at the direction of the
State Superintendent of Education from the fund from which the
appropriation is made without regard to any fiscal year
limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, payment of tuition
reimbursement claims under Section 14-7.03 or 18-3 of the
School Code as of June 30, payable from appropriations that
have otherwise expired, may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
    (b-2) (Blank). All outstanding liabilities as of June 30,
2010, payable from appropriations that would otherwise expire
at the conclusion of the lapse period for fiscal year 2010, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2010, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than August 31, 2010.
    (b-2.5) (Blank). All outstanding liabilities as of June 30,
2011, payable from appropriations that would otherwise expire
at the conclusion of the lapse period for fiscal year 2011, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2011, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than August 31, 2011.
    (b-2.6) (Blank). All outstanding liabilities as of June 30,
2012, payable from appropriations that would otherwise expire
at the conclusion of the lapse period for fiscal year 2012, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2012, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than August 31, 2012.
    (b-2.6a) (Blank). All outstanding liabilities as of June
30, 2017, payable from appropriations that would otherwise
expire at the conclusion of the lapse period for fiscal year
2017, and interest penalties payable on those liabilities under
the State Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2017, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than September 30, 2017.
    (b-2.6b) (Blank). All outstanding liabilities as of June
30, 2018, payable from appropriations that would otherwise
expire at the conclusion of the lapse period for fiscal year
2018, and interest penalties payable on those liabilities under
the State Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2018, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than October 31, 2018.
    (b-2.6c) All outstanding liabilities as of June 30, 2019,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2019, and
interest penalties payable on those liabilities under the State
Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2019, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than October 31, 2019.
    (b-2.7) For fiscal years 2012, 2013, and 2014, 2018, 2019,
and 2020, interest penalties payable under the State Prompt
Payment Act associated with a voucher for which payment is
issued after June 30 may be paid out of the next fiscal year's
appropriation. The future year appropriation must be for the
same purpose and from the same fund as the original payment. An
interest penalty voucher submitted against a future year
appropriation must be submitted within 60 days after the
issuance of the associated voucher, except that, for fiscal
year 2018 only, an interest penalty voucher submitted against a
future year appropriation must be submitted within 60 days of
the effective date of this amendatory Act of the 101st General
Assembly. The and the Comptroller must issue the interest
payment within 60 days after acceptance of the interest
voucher.
    (b-3) Medical payments may be made by the Department of
Veterans' Affairs from its appropriations for those purposes
for any fiscal year, without regard to the fact that the
medical services being compensated for by such payment may have
been rendered in a prior fiscal year, except as required by
subsection (j) of this Section. Beginning on June 30, 2021,
medical payments payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
    (b-4) Medical payments and child care payments may be made
by the Department of Human Services (as successor to the
Department of Public Aid) from appropriations for those
purposes for any fiscal year, without regard to the fact that
the medical or child care services being compensated for by
such payment may have been rendered in a prior fiscal year; and
payments may be made at the direction of the Department of
Healthcare and Family Services (or successor agency) from the
Health Insurance Reserve Fund without regard to any fiscal year
limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, medical and child care
payments made by the Department of Human Services and payments
made at the discretion of the Department of Healthcare and
Family Services (or successor agency) from the Health Insurance
Reserve Fund and payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
    (b-5) Medical payments may be made by the Department of
Human Services from its appropriations relating to substance
abuse treatment services for any fiscal year, without regard to
the fact that the medical services being compensated for by
such payment may have been rendered in a prior fiscal year,
provided the payments are made on a fee-for-service basis
consistent with requirements established for Medicaid
reimbursement by the Department of Healthcare and Family
Services, except as required by subsection (j) of this Section.
Beginning on June 30, 2021, medical payments made by the
Department of Human Services relating to substance abuse
treatment services payable from appropriations that have
otherwise expired may be paid out of the expiring appropriation
during the 4-month period ending at the close of business on
October 31.
    (b-6) Additionally, payments may be made by the Department
of Human Services from its appropriations, or any other State
agency from its appropriations with the approval of the
Department of Human Services, from the Immigration Reform and
Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations, except as required by subsection
(j) of this Section. Beginning on June 30, 2021, payments made
by the Department of Human Services from the Immigration Reform
and Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986 payable from
appropriations that have otherwise expired may be paid out of
the expiring appropriation during the 4-month period ending at
the close of business on October 31.
    (b-7) Payments may be made in accordance with a plan
authorized by paragraph (11) or (12) of Section 405-105 of the
Department of Central Management Services Law from
appropriations for those payments without regard to fiscal year
limitations.
    (b-8) Reimbursements to eligible airport sponsors for the
construction or upgrading of Automated Weather Observation
Systems may be made by the Department of Transportation from
appropriations for those purposes for any fiscal year, without
regard to the fact that the qualification or obligation may
have occurred in a prior fiscal year, provided that at the time
the expenditure was made the project had been approved by the
Department of Transportation prior to June 1, 2012 and, as a
result of recent changes in federal funding formulas, can no
longer receive federal reimbursement.
    (b-9) (Blank). Medical payments not exceeding $150,000,000
may be made by the Department on Aging from its appropriations
relating to the Community Care Program for fiscal year 2014,
without regard to the fact that the medical services being
compensated for by such payment may have been rendered in a
prior fiscal year, provided the payments are made on a
fee-for-service basis consistent with requirements established
for Medicaid reimbursement by the Department of Healthcare and
Family Services, except as required by subsection (j) of this
Section.
    (c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
premature and high-mortality risk infants and their mothers and
for grants for supplemental food supplies provided under the
United States Department of Agriculture Women, Infants and
Children Nutrition Program, for any fiscal year without regard
to the fact that the services being compensated for by such
payment may have been rendered in a prior fiscal year, except
as required by subsection (j) of this Section. Beginning on
June 30, 2021, payments made by the Department of Public Health
and the Department of Human Services from their respective
appropriations for grants for medical care to or on behalf of
premature and high-mortality risk infants and their mothers and
for grants for supplemental food supplies provided under the
United States Department of Agriculture Women, Infants and
Children Nutrition Program payable from appropriations that
have otherwise expired may be paid out of the expiring
appropriations during the 4-month period ending at the close of
business on October 31.
    (d) The Department of Public Health and the Department of
Human Services (acting as successor to the Department of Public
Health under the Department of Human Services Act) shall each
annually submit to the State Comptroller, Senate President,
Senate Minority Leader, Speaker of the House, House Minority
Leader, and the respective Chairmen and Minority Spokesmen of
the Appropriations Committees of the Senate and the House, on
or before December 31, a report of fiscal year funds used to
pay for services provided in any prior fiscal year. This report
shall document by program or service category those
expenditures from the most recently completed fiscal year used
to pay for services provided in prior fiscal years.
    (e) The Department of Healthcare and Family Services, the
Department of Human Services (acting as successor to the
Department of Public Aid), and the Department of Human Services
making fee-for-service payments relating to substance abuse
treatment services provided during a previous fiscal year shall
each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House, House
Minority Leader, the respective Chairmen and Minority
Spokesmen of the Appropriations Committees of the Senate and
the House, on or before November 30, a report that shall
document by program or service category those expenditures from
the most recently completed fiscal year used to pay for (i)
services provided in prior fiscal years and (ii) services for
which claims were received in prior fiscal years.
    (f) The Department of Human Services (as successor to the
Department of Public Aid) shall annually submit to the State
Comptroller, Senate President, Senate Minority Leader, Speaker
of the House, House Minority Leader, and the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before December
31, a report of fiscal year funds used to pay for services
(other than medical care) provided in any prior fiscal year.
This report shall document by program or service category those
expenditures from the most recently completed fiscal year used
to pay for services provided in prior fiscal years.
    (g) In addition, each annual report required to be
submitted by the Department of Healthcare and Family Services
under subsection (e) shall include the following information
with respect to the State's Medicaid program:
        (1) Explanations of the exact causes of the variance
    between the previous year's estimated and actual
    liabilities.
        (2) Factors affecting the Department of Healthcare and
    Family Services' liabilities, including but not limited to
    numbers of aid recipients, levels of medical service
    utilization by aid recipients, and inflation in the cost of
    medical services.
        (3) The results of the Department's efforts to combat
    fraud and abuse.
    (h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
    (i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
        (1) billing user agencies in advance for payments or
    authorized inter-fund transfers based on estimated charges
    for goods or services;
        (2) issuing credits, refunding through inter-fund
    transfers, or reducing future inter-fund transfers during
    the subsequent fiscal year for all user agency payments or
    authorized inter-fund transfers received during the prior
    fiscal year which were in excess of the final amounts owed
    by the user agency for that period; and
        (3) issuing catch-up billings to user agencies during
    the subsequent fiscal year for amounts remaining due when
    payments or authorized inter-fund transfers received from
    the user agency during the prior fiscal year were less than
    the total amount owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued or by increasing an authorized
inter-fund transfer during the current fiscal year. For the
purposes of this Act, "inter-fund transfers" means transfers
without the use of the voucher-warrant process, as authorized
by Section 9.01 of the State Comptroller Act.
    (i-1) Beginning on July 1, 2021, all outstanding
liabilities, not payable during the 4-month lapse period as
described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
(c) of this Section, that are made from appropriations for that
purpose for any fiscal year, without regard to the fact that
the services being compensated for by those payments may have
been rendered in a prior fiscal year, are limited to only those
claims that have been incurred but for which a proper bill or
invoice as defined by the State Prompt Payment Act has not been
received by September 30th following the end of the fiscal year
in which the service was rendered.
    (j) Notwithstanding any other provision of this Act, the
aggregate amount of payments to be made without regard for
fiscal year limitations as contained in subsections (b-1),
(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
determined by using Generally Accepted Accounting Principles,
shall not exceed the following amounts:
        (1) $6,000,000,000 for outstanding liabilities related
    to fiscal year 2012;
        (2) $5,300,000,000 for outstanding liabilities related
    to fiscal year 2013;
        (3) $4,600,000,000 for outstanding liabilities related
    to fiscal year 2014;
        (4) $4,000,000,000 for outstanding liabilities related
    to fiscal year 2015;
        (5) $3,300,000,000 for outstanding liabilities related
    to fiscal year 2016;
        (6) $2,600,000,000 for outstanding liabilities related
    to fiscal year 2017;
        (7) $2,000,000,000 for outstanding liabilities related
    to fiscal year 2018;
        (8) $1,300,000,000 for outstanding liabilities related
    to fiscal year 2019;
        (9) $600,000,000 for outstanding liabilities related
    to fiscal year 2020; and
        (10) $0 for outstanding liabilities related to fiscal
    year 2021 and fiscal years thereafter.
    (k) Department of Healthcare and Family Services Medical
Assistance Payments.
        (1) Definition of Medical Assistance.
            For purposes of this subsection, the term "Medical
        Assistance" shall include, but not necessarily be
        limited to, medical programs and services authorized
        under Titles XIX and XXI of the Social Security Act,
        the Illinois Public Aid Code, the Children's Health
        Insurance Program Act, the Covering ALL KIDS Health
        Insurance Act, the Long Term Acute Care Hospital
        Quality Improvement Transfer Program Act, and medical
        care to or on behalf of persons suffering from chronic
        renal disease, persons suffering from hemophilia, and
        victims of sexual assault.
        (2) Limitations on Medical Assistance payments that
    may be paid from future fiscal year appropriations.
            (A) The maximum amounts of annual unpaid Medical
        Assistance bills received and recorded by the
        Department of Healthcare and Family Services on or
        before June 30th of a particular fiscal year
        attributable in aggregate to the General Revenue Fund,
        Healthcare Provider Relief Fund, Tobacco Settlement
        Recovery Fund, Long-Term Care Provider Fund, and the
        Drug Rebate Fund that may be paid in total by the
        Department from future fiscal year Medical Assistance
        appropriations to those funds are: $700,000,000 for
        fiscal year 2013 and $100,000,000 for fiscal year 2014
        and each fiscal year thereafter.
            (B) Bills for Medical Assistance services rendered
        in a particular fiscal year, but received and recorded
        by the Department of Healthcare and Family Services
        after June 30th of that fiscal year, may be paid from
        either appropriations for that fiscal year or future
        fiscal year appropriations for Medical Assistance.
        Such payments shall not be subject to the requirements
        of subparagraph (A).
            (C) Medical Assistance bills received by the
        Department of Healthcare and Family Services in a
        particular fiscal year, but subject to payment amount
        adjustments in a future fiscal year may be paid from a
        future fiscal year's appropriation for Medical
        Assistance. Such payments shall not be subject to the
        requirements of subparagraph (A).
            (D) Medical Assistance payments made by the
        Department of Healthcare and Family Services from
        funds other than those specifically referenced in
        subparagraph (A) may be made from appropriations for
        those purposes for any fiscal year without regard to
        the fact that the Medical Assistance services being
        compensated for by such payment may have been rendered
        in a prior fiscal year. Such payments shall not be
        subject to the requirements of subparagraph (A).
        (3) Extended lapse period for Department of Healthcare
    and Family Services Medical Assistance payments.
    Notwithstanding any other State law to the contrary,
    outstanding Department of Healthcare and Family Services
    Medical Assistance liabilities, as of June 30th, payable
    from appropriations which have otherwise expired, may be
    paid out of the expiring appropriations during the 6-month
    period ending at the close of business on December 31st.
    (l) The changes to this Section made by Public Act 97-691
shall be effective for payment of Medical Assistance bills
incurred in fiscal year 2013 and future fiscal years. The
changes to this Section made by Public Act 97-691 shall not be
applied to Medical Assistance bills incurred in fiscal year
2012 or prior fiscal years.
    (m) The Comptroller must issue payments against
outstanding liabilities that were received prior to the lapse
period deadlines set forth in this Section as soon thereafter
as practical, but no payment may be issued after the 4 months
following the lapse period deadline without the signed
authorization of the Comptroller and the Governor.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
    Section 5-40. The Gifts and Grants to Government Act is
amended by adding Section 4 as follows:
 
    (30 ILCS 110/4 new)
    Sec. 4. Governor's Grant Fund; additional purposes. In
addition to any other deposits authorized by law, the
Governor's Grant Fund may accept funds from any source, public
or private, to be used for the purposes of such funds including
administrative costs of the Governor's Office.
 
    Section 5-45. The State Revenue Sharing Act is amended by
changing Section 12 as follows:
 
    (30 ILCS 115/12)  (from Ch. 85, par. 616)
    Sec. 12. Personal Property Tax Replacement Fund. There is
hereby created the Personal Property Tax Replacement Fund, a
special fund in the State Treasury into which shall be paid all
revenue realized:
        (a) all amounts realized from the additional personal
    property tax replacement income tax imposed by subsections
    (c) and (d) of Section 201 of the Illinois Income Tax Act,
    except for those amounts deposited into the Income Tax
    Refund Fund pursuant to subsection (c) of Section 901 of
    the Illinois Income Tax Act; and
        (b) all amounts realized from the additional personal
    property replacement invested capital taxes imposed by
    Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
    Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
    Revenue Act, and Section 3 of the Water Company Invested
    Capital Tax Act, and amounts payable to the Department of
    Revenue under the Telecommunications Infrastructure
    Maintenance Fee Act.
    As soon as may be after the end of each month, the
Department of Revenue shall certify to the Treasurer and the
Comptroller the amount of all refunds paid out of the General
Revenue Fund through the preceding month on account of
overpayment of liability on taxes paid into the Personal
Property Tax Replacement Fund. Upon receipt of such
certification, the Treasurer and the Comptroller shall
transfer the amount so certified from the Personal Property Tax
Replacement Fund into the General Revenue Fund.
    The payments of revenue into the Personal Property Tax
Replacement Fund shall be used exclusively for distribution to
taxing districts, regional offices and officials, and local
officials as provided in this Section and in the School Code,
payment of the ordinary and contingent expenses of the Property
Tax Appeal Board, payment of the expenses of the Department of
Revenue incurred in administering the collection and
distribution of monies paid into the Personal Property Tax
Replacement Fund and transfers due to refunds to taxpayers for
overpayment of liability for taxes paid into the Personal
Property Tax Replacement Fund.
    In addition, moneys in the Personal Property Tax
Replacement Fund may be used to pay any of the following: (i)
salary, stipends, and additional compensation as provided by
law for chief election clerks, county clerks, and county
recorders; (ii) costs associated with regional offices of
education and educational service centers; (iii)
reimbursements payable by the State Board of Elections under
Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
Election Code; (iv) expenses of the Illinois Educational Labor
Relations Board; and (v) salary, personal services, and
additional compensation as provided by law for court reporters
under the Court Reporters Act.
    As soon as may be after the effective date of this
amendatory Act of 1980, the Department of Revenue shall certify
to the Treasurer the amount of net replacement revenue paid
into the General Revenue Fund prior to that effective date from
the additional tax imposed by Section 2a.1 of the Messages Tax
Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
the Public Utilities Revenue Act; Section 3 of the Water
Company Invested Capital Tax Act; amounts collected by the
Department of Revenue under the Telecommunications
Infrastructure Maintenance Fee Act; and the additional
personal property tax replacement income tax imposed by the
Illinois Income Tax Act, as amended by Public Act 81-1st
Special Session-1. Net replacement revenue shall be defined as
the total amount paid into and remaining in the General Revenue
Fund as a result of those Acts minus the amount outstanding and
obligated from the General Revenue Fund in state vouchers or
warrants prior to the effective date of this amendatory Act of
1980 as refunds to taxpayers for overpayment of liability under
those Acts.
    All interest earned by monies accumulated in the Personal
Property Tax Replacement Fund shall be deposited in such Fund.
All amounts allocated pursuant to this Section are appropriated
on a continuing basis.
    Prior to December 31, 1980, as soon as may be after the end
of each quarter beginning with the quarter ending December 31,
1979, and on and after December 31, 1980, as soon as may be
after January 1, March 1, April 1, May 1, July 1, August 1,
October 1 and December 1 of each year, the Department of
Revenue shall allocate to each taxing district as defined in
Section 1-150 of the Property Tax Code, in accordance with the
provisions of paragraph (2) of this Section the portion of the
funds held in the Personal Property Tax Replacement Fund which
is required to be distributed, as provided in paragraph (1),
for each quarter. Provided, however, under no circumstances
shall any taxing district during each of the first two years of
distribution of the taxes imposed by this amendatory Act of
1979 be entitled to an annual allocation which is less than the
funds such taxing district collected from the 1978 personal
property tax. Provided further that under no circumstances
shall any taxing district during the third year of distribution
of the taxes imposed by this amendatory Act of 1979 receive
less than 60% of the funds such taxing district collected from
the 1978 personal property tax. In the event that the total of
the allocations made as above provided for all taxing
districts, during either of such 3 years, exceeds the amount
available for distribution the allocation of each taxing
district shall be proportionately reduced. Except as provided
in Section 13 of this Act, the Department shall then certify,
pursuant to appropriation, such allocations to the State
Comptroller who shall pay over to the several taxing districts
the respective amounts allocated to them.
    Any township which receives an allocation based in whole or
in part upon personal property taxes which it levied pursuant
to Section 6-507 or 6-512 of the Illinois Highway Code and
which was previously required to be paid over to a municipality
shall immediately pay over to that municipality a proportionate
share of the personal property replacement funds which such
township receives.
    Any municipality or township, other than a municipality
with a population in excess of 500,000, which receives an
allocation based in whole or in part on personal property taxes
which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
Illinois Local Library Act and which was previously required to
be paid over to a public library shall immediately pay over to
that library a proportionate share of the personal property tax
replacement funds which such municipality or township
receives; provided that if such a public library has converted
to a library organized under The Illinois Public Library
District Act, regardless of whether such conversion has
occurred on, after or before January 1, 1988, such
proportionate share shall be immediately paid over to the
library district which maintains and operates the library.
However, any library that has converted prior to January 1,
1988, and which hitherto has not received the personal property
tax replacement funds, shall receive such funds commencing on
January 1, 1988.
    Any township which receives an allocation based in whole or
in part on personal property taxes which it levied pursuant to
Section 1c of the Public Graveyards Act and which taxes were
previously required to be paid over to or used for such public
cemetery or cemeteries shall immediately pay over to or use for
such public cemetery or cemeteries a proportionate share of the
personal property tax replacement funds which the township
receives.
    Any taxing district which receives an allocation based in
whole or in part upon personal property taxes which it levied
for another governmental body or school district in Cook County
in 1976 or for another governmental body or school district in
the remainder of the State in 1977 shall immediately pay over
to that governmental body or school district the amount of
personal property replacement funds which such governmental
body or school district would receive directly under the
provisions of paragraph (2) of this Section, had it levied its
own taxes.
        (1) The portion of the Personal Property Tax
    Replacement Fund required to be distributed as of the time
    allocation is required to be made shall be the amount
    available in such Fund as of the time allocation is
    required to be made.
        The amount available for distribution shall be the
    total amount in the fund at such time minus the necessary
    administrative and other authorized expenses as limited by
    the appropriation and the amount determined by: (a) $2.8
    million for fiscal year 1981; (b) for fiscal year 1982,
    .54% of the funds distributed from the fund during the
    preceding fiscal year; (c) for fiscal year 1983 through
    fiscal year 1988, .54% of the funds distributed from the
    fund during the preceding fiscal year less .02% of such
    fund for fiscal year 1983 and less .02% of such funds for
    each fiscal year thereafter; (d) for fiscal year 1989
    through fiscal year 2011 no more than 105% of the actual
    administrative expenses of the prior fiscal year; (e) for
    fiscal year 2012 and beyond, a sufficient amount to pay (i)
    stipends, additional compensation, salary reimbursements,
    and other amounts directed to be paid out of this Fund for
    local officials as authorized or required by statute and
    (ii) no more than 105% of the actual administrative
    expenses of the prior fiscal year, including payment of the
    ordinary and contingent expenses of the Property Tax Appeal
    Board and payment of the expenses of the Department of
    Revenue incurred in administering the collection and
    distribution of moneys paid into the Fund; (f) for fiscal
    years 2012 and 2013 only, a sufficient amount to pay
    stipends, additional compensation, salary reimbursements,
    and other amounts directed to be paid out of this Fund for
    regional offices and officials as authorized or required by
    statute; or (g) for fiscal years 2018 through 2020 and 2019
    only, a sufficient amount to pay amounts directed to be
    paid out of this Fund for public community college base
    operating grants and local health protection grants to
    certified local health departments as authorized or
    required by appropriation or statute. Such portion of the
    fund shall be determined after the transfer into the
    General Revenue Fund due to refunds, if any, paid from the
    General Revenue Fund during the preceding quarter. If at
    any time, for any reason, there is insufficient amount in
    the Personal Property Tax Replacement Fund for payments for
    regional offices and officials or local officials or
    payment of costs of administration or for transfers due to
    refunds at the end of any particular month, the amount of
    such insufficiency shall be carried over for the purposes
    of payments for regional offices and officials, local
    officials, transfers into the General Revenue Fund, and
    costs of administration to the following month or months.
    Net replacement revenue held, and defined above, shall be
    transferred by the Treasurer and Comptroller to the
    Personal Property Tax Replacement Fund within 10 days of
    such certification.
        (2) Each quarterly allocation shall first be
    apportioned in the following manner: 51.65% for taxing
    districts in Cook County and 48.35% for taxing districts in
    the remainder of the State.
    The Personal Property Replacement Ratio of each taxing
district outside Cook County shall be the ratio which the Tax
Base of that taxing district bears to the Downstate Tax Base.
The Tax Base of each taxing district outside of Cook County is
the personal property tax collections for that taxing district
for the 1977 tax year. The Downstate Tax Base is the personal
property tax collections for all taxing districts in the State
outside of Cook County for the 1977 tax year. The Department of
Revenue shall have authority to review for accuracy and
completeness the personal property tax collections for each
taxing district outside Cook County for the 1977 tax year.
    The Personal Property Replacement Ratio of each Cook County
taxing district shall be the ratio which the Tax Base of that
taxing district bears to the Cook County Tax Base. The Tax Base
of each Cook County taxing district is the personal property
tax collections for that taxing district for the 1976 tax year.
The Cook County Tax Base is the personal property tax
collections for all taxing districts in Cook County for the
1976 tax year. The Department of Revenue shall have authority
to review for accuracy and completeness the personal property
tax collections for each taxing district within Cook County for
the 1976 tax year.
    For all purposes of this Section 12, amounts paid to a
taxing district for such tax years as may be applicable by a
foreign corporation under the provisions of Section 7-202 of
the Public Utilities Act, as amended, shall be deemed to be
personal property taxes collected by such taxing district for
such tax years as may be applicable. The Director shall
determine from the Illinois Commerce Commission, for any tax
year as may be applicable, the amounts so paid by any such
foreign corporation to any and all taxing districts. The
Illinois Commerce Commission shall furnish such information to
the Director. For all purposes of this Section 12, the Director
shall deem such amounts to be collected personal property taxes
of each such taxing district for the applicable tax year or
years.
    Taxing districts located both in Cook County and in one or
more other counties shall receive both a Cook County allocation
and a Downstate allocation determined in the same way as all
other taxing districts.
    If any taxing district in existence on July 1, 1979 ceases
to exist, or discontinues its operations, its Tax Base shall
thereafter be deemed to be zero. If the powers, duties and
obligations of the discontinued taxing district are assumed by
another taxing district, the Tax Base of the discontinued
taxing district shall be added to the Tax Base of the taxing
district assuming such powers, duties and obligations.
    If two or more taxing districts in existence on July 1,
1979, or a successor or successors thereto shall consolidate
into one taxing district, the Tax Base of such consolidated
taxing district shall be the sum of the Tax Bases of each of
the taxing districts which have consolidated.
    If a single taxing district in existence on July 1, 1979,
or a successor or successors thereto shall be divided into two
or more separate taxing districts, the tax base of the taxing
district so divided shall be allocated to each of the resulting
taxing districts in proportion to the then current equalized
assessed value of each resulting taxing district.
    If a portion of the territory of a taxing district is
disconnected and annexed to another taxing district of the same
type, the Tax Base of the taxing district from which
disconnection was made shall be reduced in proportion to the
then current equalized assessed value of the disconnected
territory as compared with the then current equalized assessed
value within the entire territory of the taxing district prior
to disconnection, and the amount of such reduction shall be
added to the Tax Base of the taxing district to which
annexation is made.
    If a community college district is created after July 1,
1979, beginning on the effective date of this amendatory Act of
1995, its Tax Base shall be 3.5% of the sum of the personal
property tax collected for the 1977 tax year within the
territorial jurisdiction of the district.
    The amounts allocated and paid to taxing districts pursuant
to the provisions of this amendatory Act of 1979 shall be
deemed to be substitute revenues for the revenues derived from
taxes imposed on personal property pursuant to the provisions
of the "Revenue Act of 1939" or "An Act for the assessment and
taxation of private car line companies", approved July 22,
1943, as amended, or Section 414 of the Illinois Insurance
Code, prior to the abolition of such taxes and shall be used
for the same purposes as the revenues derived from ad valorem
taxes on real estate.
    Monies received by any taxing districts from the Personal
Property Tax Replacement Fund shall be first applied toward
payment of the proportionate amount of debt service which was
previously levied and collected from extensions against
personal property on bonds outstanding as of December 31, 1978
and next applied toward payment of the proportionate share of
the pension or retirement obligations of the taxing district
which were previously levied and collected from extensions
against personal property. For each such outstanding bond
issue, the County Clerk shall determine the percentage of the
debt service which was collected from extensions against real
estate in the taxing district for 1978 taxes payable in 1979,
as related to the total amount of such levies and collections
from extensions against both real and personal property. For
1979 and subsequent years' taxes, the County Clerk shall levy
and extend taxes against the real estate of each taxing
district which will yield the said percentage or percentages of
the debt service on such outstanding bonds. The balance of the
amount necessary to fully pay such debt service shall
constitute a first and prior lien upon the monies received by
each such taxing district through the Personal Property Tax
Replacement Fund and shall be first applied or set aside for
such purpose. In counties having fewer than 3,000,000
inhabitants, the amendments to this paragraph as made by this
amendatory Act of 1980 shall be first applicable to 1980 taxes
to be collected in 1981.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
    Section 5-50. The Illinois Coal Technology Development
Assistance Act is amended by changing Section 3 as follows:
 
    (30 ILCS 730/3)  (from Ch. 96 1/2, par. 8203)
    Sec. 3. Transfers to Coal Technology Development
Assistance Fund.
    (a) As soon as may be practicable after the first day of
each month, the Department of Revenue shall certify to the
Treasurer an amount equal to 1/64 of the revenue realized from
the tax imposed by the Electricity Excise Tax Law, Section 2 of
the Public Utilities Revenue Act, Section 2 of the Messages Tax
Act, and Section 2 of the Gas Revenue Tax Act, during the
preceding month. Upon receipt of the certification, the
Treasurer shall transfer the amount shown on such certification
from the General Revenue Fund to the Coal Technology
Development Assistance Fund, which is hereby created as a
special fund in the State treasury, except that no transfer
shall be made in any month in which the Fund has reached the
following balance:
        (1) (Blank). $7,000,000 during fiscal year 1994.
        (2) (Blank). $8,500,000 during fiscal year 1995.
        (3) (Blank). $10,000,000 during fiscal years 1996 and
    1997.
        (4) (Blank). During fiscal year 1998 through fiscal
    year 2004, an amount equal to the sum of $10,000,000 plus
    additional moneys deposited into the Coal Technology
    Development Assistance Fund from the Renewable Energy
    Resources and Coal Technology Development Assistance
    Charge under Section 6.5 of the Renewable Energy, Energy
    Efficiency, and Coal Resources Development Law of 1997.
        (5) (Blank). During fiscal year 2005, an amount equal
    to the sum of $7,000,000 plus additional moneys deposited
    into the Coal Technology Development Assistance Fund from
    the Renewable Energy Resources and Coal Technology
    Development Assistance Charge under Section 6.5 of the
    Renewable Energy, Energy Efficiency, and Coal Resources
    Development Law of 1997.
        (6) Expect as otherwise provided in subsection (b),
    during During fiscal year 2006 and each fiscal year
    thereafter, an amount equal to the sum of $10,000,000 plus
    additional moneys deposited into the Coal Technology
    Development Assistance Fund from the Renewable Energy
    Resources and Coal Technology Development Assistance
    Charge under Section 6.5 of the Renewable Energy, Energy
    Efficiency, and Coal Resources Development Law of 1997.
    (b) During fiscal years year 2019 and 2020 only, the
Treasurer shall make no transfers from the General Revenue Fund
to the Coal Technology Development Assistance Fund.
(Source: P.A. 99-78, eff. 7-20-15; 100-587, eff. 6-4-18.)
 
    Section 5-55. The Downstate Public Transportation Act is
amended by changing Section 2-3 as follows:
 
    (30 ILCS 740/2-3)  (from Ch. 111 2/3, par. 663)
    Sec. 2-3. (a) As soon as possible after the first day of
each month, beginning July 1, 1984, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, from the General
Revenue Fund to a special fund in the State Treasury which is
hereby created, to be known as the "Downstate Public
Transportation Fund", an amount equal to 2/32 (beginning July
1, 2005, 3/32) of the net revenue realized from the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
Act, and the Service Use Tax Act from persons incurring
municipal or county retailers' or service occupation tax
liability for the benefit of any municipality or county located
wholly within the boundaries of each participant, other than
any Metro-East Transit District participant certified pursuant
to subsection (c) of this Section during the preceding month,
except that the Department shall pay into the Downstate Public
Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
of the net revenue realized under the State tax Acts named
above within any municipality or county located wholly within
the boundaries of each participant, other than any Metro-East
participant, for tax periods beginning on or after January 1,
1990. Net revenue realized for a month shall be the revenue
collected by the State pursuant to such Acts during the
previous month from persons incurring municipal or county
retailers' or service occupation tax liability for the benefit
of any municipality or county located wholly within the
boundaries of a participant, less the amount paid out during
that same month as refunds or credit memoranda to taxpayers for
overpayment of liability under such Acts for the benefit of any
municipality or county located wholly within the boundaries of
a participant.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this subsection (a) to be
transferred by the Treasurer into the Downstate Public
Transportation Fund from the General Revenue Fund shall be
directly deposited into the Downstate Public Transportation
Fund as the revenues are realized from the taxes indicated.
    (b) As soon as possible after the first day of each month,
beginning July 1, 1989, upon certification of the Department of
Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, from the General Revenue Fund to a
special fund in the State Treasury which is hereby created, to
be known as the "Metro-East Public Transportation Fund", an
amount equal to 2/32 of the net revenue realized, as above,
from within the boundaries of Madison, Monroe, and St. Clair
Counties, except that the Department shall pay into the
Metro-East Public Transportation Fund 2/32 of 80% of the net
revenue realized under the State tax Acts specified in
subsection (a) of this Section within the boundaries of
Madison, Monroe and St. Clair Counties for tax periods
beginning on or after January 1, 1990. A local match equivalent
to an amount which could be raised by a tax levy at the rate of
.05% on the assessed value of property within the boundaries of
Madison County is required annually to cause a total of 2/32 of
the net revenue to be deposited in the Metro-East Public
Transportation Fund. Failure to raise the required local match
annually shall result in only 1/32 being deposited into the
Metro-East Public Transportation Fund after July 1, 1989, or
1/32 of 80% of the net revenue realized for tax periods
beginning on or after January 1, 1990.
    (b-5) As soon as possible after the first day of each
month, beginning July 1, 2005, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, from the General
Revenue Fund to the Downstate Public Transportation Fund, an
amount equal to 3/32 of 80% of the net revenue realized from
within the boundaries of Monroe and St. Clair Counties under
the State Tax Acts specified in subsection (a) of this Section
and provided further that, beginning July 1, 2005, the
provisions of subsection (b) shall no longer apply with respect
to such tax receipts from Monroe and St. Clair Counties.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this subsection (b-5) to
be transferred by the Treasurer into the Downstate Public
Transportation Fund from the General Revenue Fund shall be
directly deposited into the Downstate Public Transportation
Fund as the revenues are realized from the taxes indicated.
    (b-6) As soon as possible after the first day of each
month, beginning July 1, 2008, upon certification by the
Department of Revenue, the Comptroller shall order transferred
and the Treasurer shall transfer, from the General Revenue Fund
to the Downstate Public Transportation Fund, an amount equal to
3/32 of 80% of the net revenue realized from within the
boundaries of Madison County under the State Tax Acts specified
in subsection (a) of this Section and provided further that,
beginning July 1, 2008, the provisions of subsection (b) shall
no longer apply with respect to such tax receipts from Madison
County.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this subsection (b-6) to
be transferred by the Treasurer into the Downstate Public
Transportation Fund from the General Revenue Fund shall be
directly deposited into the Downstate Public Transportation
Fund as the revenues are realized from the taxes indicated.
    (b-7) Beginning July 1, 2018, notwithstanding the other
provisions of this Section, instead of the Comptroller making
monthly transfers from the General Revenue Fund to the
Downstate Public Transportation Fund, the Department of
Revenue shall deposit the designated fraction of the net
revenue realized from collections under the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
Act, and the Service Use Tax Act directly into the Downstate
Public Transportation Fund.
    (c) The Department shall certify to the Department of
Revenue the eligible participants under this Article and the
territorial boundaries of such participants for the purposes of
the Department of Revenue in subsections (a) and (b) of this
Section.
    (d) For the purposes of this Article, beginning in fiscal
year 2009 the General Assembly shall appropriate an amount from
the Downstate Public Transportation Fund equal to the sum total
funds projected to be paid to the participants pursuant to
Section 2-7. If the General Assembly fails to make
appropriations sufficient to cover the amounts projected to be
paid pursuant to Section 2-7, this Act shall constitute an
irrevocable and continuing appropriation from the Downstate
Public Transportation Fund of all amounts necessary for those
purposes.
    (e) (Blank). Notwithstanding anything in this Section to
the contrary, amounts transferred from the General Revenue Fund
to the Downstate Public Transportation Fund pursuant to this
Section shall not exceed $169,000,000 in State fiscal year
2012.
    (f) (Blank). For State fiscal year 2018 only,
notwithstanding any provision of law to the contrary, the total
amount of revenue and deposits under this Section attributable
to revenues realized during State fiscal year 2018 shall be
reduced by 10%.
    (g) (Blank). For State fiscal year 2019 only,
notwithstanding any provision of law to the contrary, the total
amount of revenue and deposits under this Section attributable
to revenues realized during State fiscal year 2019 shall be
reduced by 5%.
    (h) For State fiscal year 2020 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2020 shall be reduced by 5%.
(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18;
100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
 
    Section 5-60. The Illinois Income Tax Act is amended by
changing Section 901 as follows:
 
    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
    Sec. 901. Collection authority.
    (a) In general. The Department shall collect the taxes
imposed by this Act. The Department shall collect certified
past due child support amounts under Section 2505-650 of the
Department of Revenue Law of the Civil Administrative Code of
Illinois. Except as provided in subsections (b), (c), (e), (f),
(g), and (h) of this Section, money collected pursuant to
subsections (a) and (b) of Section 201 of this Act shall be
paid into the General Revenue Fund in the State treasury; money
collected pursuant to subsections (c) and (d) of Section 201 of
this Act shall be paid into the Personal Property Tax
Replacement Fund, a special fund in the State Treasury; and
money collected under Section 2505-650 of the Department of
Revenue Law of the Civil Administrative Code of Illinois shall
be paid into the Child Support Enforcement Trust Fund, a
special fund outside the State Treasury, or to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code, as directed by the Department of
Healthcare and Family Services.
    (b) Local Government Distributive Fund. Beginning August
1, 1969, and continuing through June 30, 1994, the Treasurer
shall transfer each month from the General Revenue Fund to a
special fund in the State treasury, to be known as the "Local
Government Distributive Fund", an amount equal to 1/12 of the
net revenue realized from the tax imposed by subsections (a)
and (b) of Section 201 of this Act during the preceding month.
Beginning July 1, 1994, and continuing through June 30, 1995,
the Treasurer shall transfer each month from the General
Revenue Fund to the Local Government Distributive Fund an
amount equal to 1/11 of the net revenue realized from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
during the preceding month. Beginning July 1, 1995 and
continuing through January 31, 2011, the Treasurer shall
transfer each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to the net of (i)
1/10 of the net revenue realized from the tax imposed by
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act during the preceding month (ii) minus, beginning July
1, 2003 and ending June 30, 2004, $6,666,666, and beginning
July 1, 2004, zero. Beginning February 1, 2011, and continuing
through January 31, 2015, the Treasurer shall transfer each
month from the General Revenue Fund to the Local Government
Distributive Fund an amount equal to the sum of (i) 6% (10% of
the ratio of the 3% individual income tax rate prior to 2011 to
the 5% individual income tax rate after 2010) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon individuals, trusts, and
estates during the preceding month and (ii) 6.86% (10% of the
ratio of the 4.8% corporate income tax rate prior to 2011 to
the 7% corporate income tax rate after 2010) of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon corporations during the preceding
month. Beginning February 1, 2015 and continuing through July
31, 2017, the Treasurer shall transfer each month from the
General Revenue Fund to the Local Government Distributive Fund
an amount equal to the sum of (i) 8% (10% of the ratio of the 3%
individual income tax rate prior to 2011 to the 3.75%
individual income tax rate after 2014) of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon individuals, trusts, and estates
during the preceding month and (ii) 9.14% (10% of the ratio of
the 4.8% corporate income tax rate prior to 2011 to the 5.25%
corporate income tax rate after 2014) of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act upon corporations during the preceding
month. Beginning August 1, 2017, the Treasurer shall transfer
each month from the General Revenue Fund to the Local
Government Distributive Fund an amount equal to the sum of (i)
6.06% (10% of the ratio of the 3% individual income tax rate
prior to 2011 to the 4.95% individual income tax rate after
July 1, 2017) of the net revenue realized from the tax imposed
by subsections (a) and (b) of Section 201 of this Act upon
individuals, trusts, and estates during the preceding month and
(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax
rate prior to 2011 to the 7% corporate income tax rate after
July 1, 2017) of the net revenue realized from the tax imposed
by subsections (a) and (b) of Section 201 of this Act upon
corporations during the preceding month. Net revenue realized
for a month shall be defined as the revenue from the tax
imposed by subsections (a) and (b) of Section 201 of this Act
which is deposited in the General Revenue Fund, the Education
Assistance Fund, the Income Tax Surcharge Local Government
Distributive Fund, the Fund for the Advancement of Education,
and the Commitment to Human Services Fund during the month
minus the amount paid out of the General Revenue Fund in State
warrants during that same month as refunds to taxpayers for
overpayment of liability under the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this subsection (b) to be
transferred by the Treasurer into the Local Government
Distributive Fund from the General Revenue Fund shall be
directly deposited into the Local Government Distributive Fund
as the revenue is realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
    For State fiscal year 2018 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2018 shall be reduced by 10%.
    For State fiscal year 2019 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2019 shall be reduced by 5%.
    For State fiscal year 2020 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2020 shall be reduced by 5%.
    (c) Deposits Into Income Tax Refund Fund.
        (1) Beginning on January 1, 1989 and thereafter, the
    Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a) and (b)(1), (2), and
    (3) of Section 201 of this Act into a fund in the State
    treasury known as the Income Tax Refund Fund. The
    Department shall deposit 6% of such amounts during the
    period beginning January 1, 1989 and ending on June 30,
    1989. Beginning with State fiscal year 1990 and for each
    fiscal year thereafter, the percentage deposited into the
    Income Tax Refund Fund during a fiscal year shall be the
    Annual Percentage. For fiscal years 1999 through 2001, the
    Annual Percentage shall be 7.1%. For fiscal year 2003, the
    Annual Percentage shall be 8%. For fiscal year 2004, the
    Annual Percentage shall be 11.7%. Upon the effective date
    of Public Act 93-839 (July 30, 2004), the Annual Percentage
    shall be 10% for fiscal year 2005. For fiscal year 2006,
    the Annual Percentage shall be 9.75%. For fiscal year 2007,
    the Annual Percentage shall be 9.75%. For fiscal year 2008,
    the Annual Percentage shall be 7.75%. For fiscal year 2009,
    the Annual Percentage shall be 9.75%. For fiscal year 2010,
    the Annual Percentage shall be 9.75%. For fiscal year 2011,
    the Annual Percentage shall be 8.75%. For fiscal year 2012,
    the Annual Percentage shall be 8.75%. For fiscal year 2013,
    the Annual Percentage shall be 9.75%. For fiscal year 2014,
    the Annual Percentage shall be 9.5%. For fiscal year 2015,
    the Annual Percentage shall be 10%. For fiscal year 2018,
    the Annual Percentage shall be 9.8%. For fiscal year 2019,
    the Annual Percentage shall be 9.7%. For fiscal year 2020,
    the Annual Percentage shall be 9.5%. For all other fiscal
    years, the Annual Percentage shall be calculated as a
    fraction, the numerator of which shall be the amount of
    refunds approved for payment by the Department during the
    preceding fiscal year as a result of overpayment of tax
    liability under subsections (a) and (b)(1), (2), and (3) of
    Section 201 of this Act plus the amount of such refunds
    remaining approved but unpaid at the end of the preceding
    fiscal year, minus the amounts transferred into the Income
    Tax Refund Fund from the Tobacco Settlement Recovery Fund,
    and the denominator of which shall be the amounts which
    will be collected pursuant to subsections (a) and (b)(1),
    (2), and (3) of Section 201 of this Act during the
    preceding fiscal year; except that in State fiscal year
    2002, the Annual Percentage shall in no event exceed 7.6%.
    The Director of Revenue shall certify the Annual Percentage
    to the Comptroller on the last business day of the fiscal
    year immediately preceding the fiscal year for which it is
    to be effective.
        (2) Beginning on January 1, 1989 and thereafter, the
    Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a) and (b)(6), (7), and
    (8), (c) and (d) of Section 201 of this Act into a fund in
    the State treasury known as the Income Tax Refund Fund. The
    Department shall deposit 18% of such amounts during the
    period beginning January 1, 1989 and ending on June 30,
    1989. Beginning with State fiscal year 1990 and for each
    fiscal year thereafter, the percentage deposited into the
    Income Tax Refund Fund during a fiscal year shall be the
    Annual Percentage. For fiscal years 1999, 2000, and 2001,
    the Annual Percentage shall be 19%. For fiscal year 2003,
    the Annual Percentage shall be 27%. For fiscal year 2004,
    the Annual Percentage shall be 32%. Upon the effective date
    of Public Act 93-839 (July 30, 2004), the Annual Percentage
    shall be 24% for fiscal year 2005. For fiscal year 2006,
    the Annual Percentage shall be 20%. For fiscal year 2007,
    the Annual Percentage shall be 17.5%. For fiscal year 2008,
    the Annual Percentage shall be 15.5%. For fiscal year 2009,
    the Annual Percentage shall be 17.5%. For fiscal year 2010,
    the Annual Percentage shall be 17.5%. For fiscal year 2011,
    the Annual Percentage shall be 17.5%. For fiscal year 2012,
    the Annual Percentage shall be 17.5%. For fiscal year 2013,
    the Annual Percentage shall be 14%. For fiscal year 2014,
    the Annual Percentage shall be 13.4%. For fiscal year 2015,
    the Annual Percentage shall be 14%. For fiscal year 2018,
    the Annual Percentage shall be 17.5%. For fiscal year 2019,
    the Annual Percentage shall be 15.5%. For fiscal year 2020,
    the Annual Percentage shall be 14.25%. For all other fiscal
    years, the Annual Percentage shall be calculated as a
    fraction, the numerator of which shall be the amount of
    refunds approved for payment by the Department during the
    preceding fiscal year as a result of overpayment of tax
    liability under subsections (a) and (b)(6), (7), and (8),
    (c) and (d) of Section 201 of this Act plus the amount of
    such refunds remaining approved but unpaid at the end of
    the preceding fiscal year, and the denominator of which
    shall be the amounts which will be collected pursuant to
    subsections (a) and (b)(6), (7), and (8), (c) and (d) of
    Section 201 of this Act during the preceding fiscal year;
    except that in State fiscal year 2002, the Annual
    Percentage shall in no event exceed 23%. The Director of
    Revenue shall certify the Annual Percentage to the
    Comptroller on the last business day of the fiscal year
    immediately preceding the fiscal year for which it is to be
    effective.
        (3) The Comptroller shall order transferred and the
    Treasurer shall transfer from the Tobacco Settlement
    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
    in January, 2001, (ii) $35,000,000 in January, 2002, and
    (iii) $35,000,000 in January, 2003.
    (d) Expenditures from Income Tax Refund Fund.
        (1) Beginning January 1, 1989, money in the Income Tax
    Refund Fund shall be expended exclusively for the purpose
    of paying refunds resulting from overpayment of tax
    liability under Section 201 of this Act and for making
    transfers pursuant to this subsection (d).
        (2) The Director shall order payment of refunds
    resulting from overpayment of tax liability under Section
    201 of this Act from the Income Tax Refund Fund only to the
    extent that amounts collected pursuant to Section 201 of
    this Act and transfers pursuant to this subsection (d) and
    item (3) of subsection (c) have been deposited and retained
    in the Fund.
        (3) As soon as possible after the end of each fiscal
    year, the Director shall order transferred and the State
    Treasurer and State Comptroller shall transfer from the
    Income Tax Refund Fund to the Personal Property Tax
    Replacement Fund an amount, certified by the Director to
    the Comptroller, equal to the excess of the amount
    collected pursuant to subsections (c) and (d) of Section
    201 of this Act deposited into the Income Tax Refund Fund
    during the fiscal year over the amount of refunds resulting
    from overpayment of tax liability under subsections (c) and
    (d) of Section 201 of this Act paid from the Income Tax
    Refund Fund during the fiscal year.
        (4) As soon as possible after the end of each fiscal
    year, the Director shall order transferred and the State
    Treasurer and State Comptroller shall transfer from the
    Personal Property Tax Replacement Fund to the Income Tax
    Refund Fund an amount, certified by the Director to the
    Comptroller, equal to the excess of the amount of refunds
    resulting from overpayment of tax liability under
    subsections (c) and (d) of Section 201 of this Act paid
    from the Income Tax Refund Fund during the fiscal year over
    the amount collected pursuant to subsections (c) and (d) of
    Section 201 of this Act deposited into the Income Tax
    Refund Fund during the fiscal year.
        (4.5) As soon as possible after the end of fiscal year
    1999 and of each fiscal year thereafter, the Director shall
    order transferred and the State Treasurer and State
    Comptroller shall transfer from the Income Tax Refund Fund
    to the General Revenue Fund any surplus remaining in the
    Income Tax Refund Fund as of the end of such fiscal year;
    excluding for fiscal years 2000, 2001, and 2002 amounts
    attributable to transfers under item (3) of subsection (c)
    less refunds resulting from the earned income tax credit.
        (5) This Act shall constitute an irrevocable and
    continuing appropriation from the Income Tax Refund Fund
    for the purpose of paying refunds upon the order of the
    Director in accordance with the provisions of this Section.
    (e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund. On
July 1, 1991, and thereafter, of the amounts collected pursuant
to subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 7.3% into the Education Assistance Fund in the State
Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 1.475% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
    (f) Deposits into the Fund for the Advancement of
Education. Beginning February 1, 2015, the Department shall
deposit the following portions of the revenue realized from the
tax imposed upon individuals, trusts, and estates by
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, into the Fund for the
Advancement of Education:
        (1) beginning February 1, 2015, and prior to February
    1, 2025, 1/30; and
        (2) beginning February 1, 2025, 1/26.
    If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (f) on or after the effective date of the reduction.
    (g) Deposits into the Commitment to Human Services Fund.
Beginning February 1, 2015, the Department shall deposit the
following portions of the revenue realized from the tax imposed
upon individuals, trusts, and estates by subsections (a) and
(b) of Section 201 of this Act, minus deposits into the Income
Tax Refund Fund, into the Commitment to Human Services Fund:
        (1) beginning February 1, 2015, and prior to February
    1, 2025, 1/30; and
        (2) beginning February 1, 2025, 1/26.
    If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (g) on or after the effective date of the reduction.
    (h) Deposits into the Tax Compliance and Administration
Fund. Beginning on the first day of the first calendar month to
occur on or after August 26, 2014 (the effective date of Public
Act 98-1098), each month the Department shall pay into the Tax
Compliance and Administration Fund, to be used, subject to
appropriation, to fund additional auditors and compliance
personnel at the Department, an amount equal to 1/12 of 5% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department from the tax imposed by
subsections (a), (b), (c), and (d) of Section 201 of this Act,
net of deposits into the Income Tax Refund Fund made from those
cash receipts.
(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23,
eff. 7-6-17; 100-587, eff. 6-4-18; 100-621, eff. 7-20-18;
100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; revised 1-8-19.)
 
    Section 5-65. The Regional Transportation Authority Act is
amended by changing Section 4.09 as follows:
 
    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
    Sec. 4.09. Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund.
    (a)(1) Except as otherwise provided in paragraph (4), as
soon as possible after the first day of each month, beginning
July 1, 1984, upon certification of the Department of Revenue,
the Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to a special fund in the
State Treasury to be known as the Public Transportation Fund an
amount equal to 25% of the net revenue, before the deduction of
the serviceman and retailer discounts pursuant to Section 9 of
the Service Occupation Tax Act and Section 3 of the Retailers'
Occupation Tax Act, realized from any tax imposed by the
Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
amounts deposited into the Regional Transportation Authority
tax fund created by Section 4.03 of this Act, from the County
and Mass Transit District Fund as provided in Section 6z-20 of
the State Finance Act and 25% of the amounts deposited into the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the State and Local Sales Tax Reform Fund
as provided in Section 6z-17 of the State Finance Act. On the
first day of the month following the date that the Department
receives revenues from increased taxes under Section 4.03(m) as
authorized by Public Act 95-708 this amendatory Act of the 95th
General Assembly, in lieu of the transfers authorized in the
preceding sentence, upon certification of the Department of
Revenue, the Comptroller shall order transferred and the
Treasurer shall transfer from the General Revenue Fund to the
Public Transportation Fund an amount equal to 25% of the net
revenue, before the deduction of the serviceman and retailer
discounts pursuant to Section 9 of the Service Occupation Tax
Act and Section 3 of the Retailers' Occupation Tax Act,
realized from (i) 80% of the proceeds of any tax imposed by the
Authority at a rate of 1.25% in Cook County, (ii) 75% of the
proceeds of any tax imposed by the Authority at the rate of 1%
in Cook County, and (iii) one-third of the proceeds of any tax
imposed by the Authority at the rate of 0.75% in the Counties
of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
Section 4.03, and 25% of the net revenue realized from any tax
imposed by the Authority pursuant to Section 4.03.1, and 25% of
the amounts deposited into the Regional Transportation
Authority tax fund created by Section 4.03 of this Act from the
County and Mass Transit District Fund as provided in Section
6z-20 of the State Finance Act, and 25% of the amounts
deposited into the Regional Transportation Authority
Occupation and Use Tax Replacement Fund from the State and
Local Sales Tax Reform Fund as provided in Section 6z-17 of the
State Finance Act. As used in this Section, net revenue
realized for a month shall be the revenue collected by the
State pursuant to Sections 4.03 and 4.03.1 during the previous
month from within the metropolitan region, less the amount paid
out during that same month as refunds to taxpayers for
overpayment of liability in the metropolitan region under
Sections 4.03 and 4.03.1.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23) this amendatory Act of the 100th General Assembly,
those amounts required under this paragraph (1) of subsection
(a) to be transferred by the Treasurer into the Public
Transportation Fund from the General Revenue Fund shall be
directly deposited into the Public Transportation Fund as the
revenues are realized from the taxes indicated.
    (2) Except as otherwise provided in paragraph (4), on
February 1, 2009 (the first day of the month following the
effective date of Public Act 95-708) this amendatory Act of the
95th General Assembly and each month thereafter, upon
certification by the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Public Transportation Fund an
amount equal to 5% of the net revenue, before the deduction of
the serviceman and retailer discounts pursuant to Section 9 of
the Service Occupation Tax Act and Section 3 of the Retailers'
Occupation Tax Act, realized from any tax imposed by the
Authority pursuant to Sections 4.03 and 4.03.1 and certified by
the Department of Revenue under Section 4.03(n) of this Act to
be paid to the Authority and 5% of the amounts deposited into
the Regional Transportation Authority tax fund created by
Section 4.03 of this Act from the County and Mass Transit
District Fund as provided in Section 6z-20 of the State Finance
Act, and 5% of the amounts deposited into the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund from the State and Local Sales Tax Reform Fund as provided
in Section 6z-17 of the State Finance Act, and 5% of the
revenue realized by the Chicago Transit Authority as financial
assistance from the City of Chicago from the proceeds of any
tax imposed by the City of Chicago under Section 8-3-19 of the
Illinois Municipal Code.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (2) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
    (3) Except as otherwise provided in paragraph (4), as soon
as possible after the first day of January, 2009 and each month
thereafter, upon certification of the Department of Revenue
with respect to the taxes collected under Section 4.03, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 25% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
(i) 20% of the proceeds of any tax imposed by the Authority at
a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
tax imposed by the Authority at the rate of 1% in Cook County,
and (iii) one-third of the proceeds of any tax imposed by the
Authority at the rate of 0.75% in the Counties of DuPage, Kane,
Lake, McHenry, and Will, all pursuant to Section 4.03, and the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund (iv) an amount equal to 25% of the revenue
realized by the Chicago Transit Authority as financial
assistance from the City of Chicago from the proceeds of any
tax imposed by the City of Chicago under Section 8-3-19 of the
Illinois Municipal Code.
    Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (3) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
    (4) Notwithstanding any provision of law to the contrary,
of the transfers to be made under paragraphs (1), (2), and (3)
of this subsection (a) from the General Revenue Fund to the
Public Transportation Fund, the first $150,000,000
$100,000,000 that would have otherwise been transferred from
the General Revenue Fund shall be transferred from the Road
Fund. The remaining balance of such transfers shall be made
from the General Revenue Fund.
    (5) (Blank). For State fiscal year 2018 only,
notwithstanding any provision of law to the contrary, the total
amount of revenue and deposits under this subsection (a)
attributable to revenues realized during State fiscal year 2018
shall be reduced by 10%.
    (6) (Blank). For State fiscal year 2019 only,
notwithstanding any provision of law to the contrary, the total
amount of revenue and deposits under this Section attributable
to revenues realized during State fiscal year 2019 shall be
reduced by 5%.
    (7) For State fiscal year 2020 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2020 shall be reduced by 5%.
    (b)(1) All moneys deposited in the Public Transportation
Fund and the Regional Transportation Authority Occupation and
Use Tax Replacement Fund, whether deposited pursuant to this
Section or otherwise, are allocated to the Authority, except
for amounts appropriated to the Office of the Executive
Inspector General as authorized by subsection (h) of Section
4.03.3 and amounts transferred to the Audit Expense Fund
pursuant to Section 6z-27 of the State Finance Act. The
Comptroller, as soon as possible after each monthly transfer
provided in this Section and after each deposit into the Public
Transportation Fund, shall order the Treasurer to pay to the
Authority out of the Public Transportation Fund the amount so
transferred or deposited. Any Additional State Assistance and
Additional Financial Assistance paid to the Authority under
this Section shall be expended by the Authority for its
purposes as provided in this Act. The balance of the amounts
paid to the Authority from the Public Transportation Fund shall
be expended by the Authority as provided in Section 4.03.3. The
Comptroller, as soon as possible after each deposit into the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund provided in this Section and Section 6z-17 of
the State Finance Act, shall order the Treasurer to pay to the
Authority out of the Regional Transportation Authority
Occupation and Use Tax Replacement Fund the amount so
deposited. Such amounts paid to the Authority may be expended
by it for its purposes as provided in this Act. The provisions
directing the distributions from the Public Transportation
Fund and the Regional Transportation Authority Occupation and
Use Tax Replacement Fund provided for in this Section shall
constitute an irrevocable and continuing appropriation of all
amounts as provided herein. The State Treasurer and State
Comptroller are hereby authorized and directed to make
distributions as provided in this Section. (2) Provided,
however, no moneys deposited under subsection (a) of this
Section shall be paid from the Public Transportation Fund to
the Authority or its assignee for any fiscal year until the
Authority has certified to the Governor, the Comptroller, and
the Mayor of the City of Chicago that it has adopted for that
fiscal year an Annual Budget and Two-Year Financial Plan
meeting the requirements in Section 4.01(b).
    (c) In recognition of the efforts of the Authority to
enhance the mass transportation facilities under its control,
the State shall provide financial assistance ("Additional
State Assistance") in excess of the amounts transferred to the
Authority from the General Revenue Fund under subsection (a) of
this Section. Additional State Assistance shall be calculated
as provided in subsection (d), but shall in no event exceed the
following specified amounts with respect to the following State
fiscal years:
        1990$5,000,000;
        1991$5,000,000;
        1992$10,000,000;
        1993$10,000,000;
        1994$20,000,000;
        1995$30,000,000;
        1996$40,000,000;
        1997$50,000,000;
        1998$55,000,000; and
        each year thereafter$55,000,000.
    (c-5) The State shall provide financial assistance
("Additional Financial Assistance") in addition to the
Additional State Assistance provided by subsection (c) and the
amounts transferred to the Authority from the General Revenue
Fund under subsection (a) of this Section. Additional Financial
Assistance provided by this subsection shall be calculated as
provided in subsection (d), but shall in no event exceed the
following specified amounts with respect to the following State
fiscal years:
        2000$0;
        2001$16,000,000;
        2002$35,000,000;
        2003$54,000,000;
        2004$73,000,000;
        2005$93,000,000; and
        each year thereafter$100,000,000.
    (d) Beginning with State fiscal year 1990 and continuing
for each State fiscal year thereafter, the Authority shall
annually certify to the State Comptroller and State Treasurer,
separately with respect to each of subdivisions (g)(2) and
(g)(3) of Section 4.04 of this Act, the following amounts:
        (1) The amount necessary and required, during the State
    fiscal year with respect to which the certification is
    made, to pay its obligations for debt service on all
    outstanding bonds or notes issued by the Authority under
    subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
        (2) An estimate of the amount necessary and required to
    pay its obligations for debt service for any bonds or notes
    which the Authority anticipates it will issue under
    subdivisions (g)(2) and (g)(3) of Section 4.04 during that
    State fiscal year.
        (3) Its debt service savings during the preceding State
    fiscal year from refunding or advance refunding of bonds or
    notes issued under subdivisions (g)(2) and (g)(3) of
    Section 4.04.
        (4) The amount of interest, if any, earned by the
    Authority during the previous State fiscal year on the
    proceeds of bonds or notes issued pursuant to subdivisions
    (g)(2) and (g)(3) of Section 4.04, other than refunding or
    advance refunding bonds or notes.
    The certification shall include a specific schedule of debt
service payments, including the date and amount of each payment
for all outstanding bonds or notes and an estimated schedule of
anticipated debt service for all bonds and notes it intends to
issue, if any, during that State fiscal year, including the
estimated date and estimated amount of each payment.
    Immediately upon the issuance of bonds for which an
estimated schedule of debt service payments was prepared, the
Authority shall file an amended certification with respect to
item (2) above, to specify the actual schedule of debt service
payments, including the date and amount of each payment, for
the remainder of the State fiscal year.
    On the first day of each month of the State fiscal year in
which there are bonds outstanding with respect to which the
certification is made, the State Comptroller shall order
transferred and the State Treasurer shall transfer from the
Road Fund to the Public Transportation Fund the Additional
State Assistance and Additional Financial Assistance in an
amount equal to the aggregate of (i) one-twelfth of the sum of
the amounts certified under items (1) and (3) above less the
amount certified under item (4) above, plus (ii) the amount
required to pay debt service on bonds and notes issued during
the fiscal year, if any, divided by the number of months
remaining in the fiscal year after the date of issuance, or
some smaller portion as may be necessary under subsection (c)
or (c-5) of this Section for the relevant State fiscal year,
plus (iii) any cumulative deficiencies in transfers for prior
months, until an amount equal to the sum of the amounts
certified under items (1) and (3) above, plus the actual debt
service certified under item (2) above, less the amount
certified under item (4) above, has been transferred; except
that these transfers are subject to the following limits:
        (A) In no event shall the total transfers in any State
    fiscal year relating to outstanding bonds and notes issued
    by the Authority under subdivision (g)(2) of Section 4.04
    exceed the lesser of the annual maximum amount specified in
    subsection (c) or the sum of the amounts certified under
    items (1) and (3) above, plus the actual debt service
    certified under item (2) above, less the amount certified
    under item (4) above, with respect to those bonds and
    notes.
        (B) In no event shall the total transfers in any State
    fiscal year relating to outstanding bonds and notes issued
    by the Authority under subdivision (g)(3) of Section 4.04
    exceed the lesser of the annual maximum amount specified in
    subsection (c-5) or the sum of the amounts certified under
    items (1) and (3) above, plus the actual debt service
    certified under item (2) above, less the amount certified
    under item (4) above, with respect to those bonds and
    notes.
    The term "outstanding" does not include bonds or notes for
which refunding or advance refunding bonds or notes have been
issued.
    (e) Neither Additional State Assistance nor Additional
Financial Assistance may be pledged, either directly or
indirectly as general revenues of the Authority, as security
for any bonds issued by the Authority. The Authority may not
assign its right to receive Additional State Assistance or
Additional Financial Assistance, or direct payment of
Additional State Assistance or Additional Financial
Assistance, to a trustee or any other entity for the payment of
debt service on its bonds.
    (f) The certification required under subsection (d) with
respect to outstanding bonds and notes of the Authority shall
be filed as early as practicable before the beginning of the
State fiscal year to which it relates. The certification shall
be revised as may be necessary to accurately state the debt
service requirements of the Authority.
    (g) Within 6 months of the end of each fiscal year, the
Authority shall determine:
        (i) whether the aggregate of all system generated
    revenues for public transportation in the metropolitan
    region which is provided by, or under grant or purchase of
    service contracts with, the Service Boards equals 50% of
    the aggregate of all costs of providing such public
    transportation. "System generated revenues" include all
    the proceeds of fares and charges for services provided,
    contributions received in connection with public
    transportation from units of local government other than
    the Authority, except for contributions received by the
    Chicago Transit Authority from a real estate transfer tax
    imposed under subsection (i) of Section 8-3-19 of the
    Illinois Municipal Code, and from the State pursuant to
    subsection (i) of Section 2705-305 of the Department of
    Transportation Law (20 ILCS 2705/2705-305), and all other
    revenues properly included consistent with generally
    accepted accounting principles but may not include: the
    proceeds from any borrowing, and, beginning with the 2007
    fiscal year, all revenues and receipts, including but not
    limited to fares and grants received from the federal,
    State or any unit of local government or other entity,
    derived from providing ADA paratransit service pursuant to
    Section 2.30 of the Regional Transportation Authority Act.
    "Costs" include all items properly included as operating
    costs consistent with generally accepted accounting
    principles, including administrative costs, but do not
    include: depreciation; payment of principal and interest
    on bonds, notes or other evidences of obligations for
    borrowed money of the Authority; payments with respect to
    public transportation facilities made pursuant to
    subsection (b) of Section 2.20; any payments with respect
    to rate protection contracts, credit enhancements or
    liquidity agreements made under Section 4.14; any other
    cost as to which it is reasonably expected that a cash
    expenditure will not be made; costs for passenger security
    including grants, contracts, personnel, equipment and
    administrative expenses, except in the case of the Chicago
    Transit Authority, in which case the term does not include
    costs spent annually by that entity for protection against
    crime as required by Section 27a of the Metropolitan
    Transit Authority Act; the costs of Debt Service paid by
    the Chicago Transit Authority, as defined in Section 12c of
    the Metropolitan Transit Authority Act, or bonds or notes
    issued pursuant to that Section; the payment by the
    Commuter Rail Division of debt service on bonds issued
    pursuant to Section 3B.09; expenses incurred by the
    Suburban Bus Division for the cost of new public
    transportation services funded from grants pursuant to
    Section 2.01e of this amendatory Act of the 95th General
    Assembly for a period of 2 years from the date of
    initiation of each such service; costs as exempted by the
    Board for projects pursuant to Section 2.09 of this Act;
    or, beginning with the 2007 fiscal year, expenses related
    to providing ADA paratransit service pursuant to Section
    2.30 of the Regional Transportation Authority Act; or in
    fiscal years 2008 through 2012 inclusive, costs in the
    amount of $200,000,000 in fiscal year 2008, reducing by
    $40,000,000 in each fiscal year thereafter until this
    exemption is eliminated. If said system generated revenues
    are less than 50% of said costs, the Board shall remit an
    amount equal to the amount of the deficit to the State. The
    Treasurer shall deposit any such payment in the Road Fund;
    and
        (ii) whether, beginning with the 2007 fiscal year, the
    aggregate of all fares charged and received for ADA
    paratransit services equals the system generated ADA
    paratransit services revenue recovery ratio percentage of
    the aggregate of all costs of providing such ADA
    paratransit services.
    (h) If the Authority makes any payment to the State under
paragraph (g), the Authority shall reduce the amount provided
to a Service Board from funds transferred under paragraph (a)
in proportion to the amount by which that Service Board failed
to meet its required system generated revenues recovery ratio.
A Service Board which is affected by a reduction in funds under
this paragraph shall submit to the Authority concurrently with
its next due quarterly report a revised budget incorporating
the reduction in funds. The revised budget must meet the
criteria specified in clauses (i) through (vi) of Section
4.11(b)(2). The Board shall review and act on the revised
budget as provided in Section 4.11(b)(3).
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
 
    Section 5-70. The School Code is amended by changing
Sections 3-16 and 18-8.15 and by adding Sections 2-3.176,
2-3.177, 2-3.178, and 14-7.02c as follows:
 
    (105 ILCS 5/2-3.176 new)
    Sec. 2-3.176. Transfers to Governor's Grant Fund. In
addition to any other transfers that may be provided for by
law, the State Comptroller shall direct and the State Treasurer
shall transfer from the SBE Federal Agency Services Fund and
the SBE Federal Department of Education Fund into the
Governor's Grant Fund such amounts as may be directed in
writing by the State Board of Education.
 
    (105 ILCS 5/2-3.177 new)
    Sec. 2-3.177. Transfers to DHS Special Purposes Trust Fund.
In addition to any other transfers that may be provided for by
law, the State Comptroller shall direct and the State Treasurer
shall transfer from the SBE Federal Agency Services Fund into
the DHS Special Purposes Trust Fund such amounts as may be
directed in writing by the State Board of Education.
 
    (105 ILCS 5/2-3.178 new)
    Sec. 2-3.178. K-12 Recycling Grant Program.
    (a) Subject to appropriation, the State Board of Education
must create and administer the K-12 Recycling Grant Program to
provide grants to school districts for the implementation or
improvement of a school's recycling program. A school district
that applies for a grant under this Section may receive a
maximum grant amount of $5,000 per school in that district and
may use the grant funds only to implement or improve a school's
recycling program.
    (b) The State Board must adopt rules to implement this
Section.
 
    (105 ILCS 5/3-16)
    Sec. 3-16. Grants to alternative schools, safe schools, and
alternative learning opportunities programs. The State Board
of Education, subject to appropriation, shall award grants to
alternative schools, safe schools, and alternative learning
opportunities programs operated by a regional office of
education. For fiscal year 2018, to To calculate grant amounts
to the programs operated by regional offices of education, the
State Board shall calculate an amount equal to the greater of
the regional program's best 3 months of average daily
attendance for the 2016-2017 school year or the average of the
best 3 months of average daily attendance for the 2014-2015
school year through the 2016-2017 school year, multiplied by
the amount of $6,119. For fiscal year 2019, to calculate grant
amounts to the programs operated by regional offices of
education, the State Board shall calculate an amount equal to
the greater of the regional program's best 3 months of average
daily attendance for the 2017-2018 school year or the average
of the best 3 months of average daily attendance for the
2015-2016 school year through the 2017-2018 school year,
multiplied by the amount of $6,119. These amounts This amount
shall be termed the "Regional Program Increased Enrollment
Recognition". If the amount of the Regional Program Increased
Enrollment Recognition is greater than the amount of the
regional office of education program's Base Funding Minimum for
fiscal year 2018 or fiscal year 2019, calculated under Section
18-8.15, then the State Board of Education shall pay the
regional program a grant equal to the difference between the
regional program's Regional Program Increased Enrollment
Recognition and the Base Funding Minimum for fiscal year 2018
or fiscal year 2019, respectively. Nothing in this Section
shall be construed to alter any payments or calculations under
Section 18-8.15.
(Source: P.A. 100-587, eff. 6-4-18.)
 
    (105 ILCS 5/14-7.02c new)
    Sec. 14-7.02c. Private therapeutic day schools; student
enrollment data. The Illinois Purchased Care Review Board must
accept amended student enrollment data from special education
private therapeutic day schools that have specialized
contractual agreements with a school district having a
population exceeding 500,000 inhabitants in the 2016-2017 and
2017-2018 school years. The amended student enrollment data
must be based on actual monthly enrollment days where a student
placed by the school district was formally enrolled and began
to receive services through the last date he or she was
formally exited from the therapeutic day school. All enrolled
days must be confined to the official beginning and end dates
of the therapeutic day school's official calendar on file with
the State Board of Education. In no instance may the amended
enrollment be further reduced to account for student absences.
A school district having a population of 500,000 or less
inhabitants must be billed at the per diem rate approved by the
Illinois Purchased Care Review Board based on days enrolled as
prescribed in Section 900.330 of Title 89 of the Illinois
Administrative Code.
 
    (105 ILCS 5/18-8.15)
    Sec. 18-8.15. Evidence-based funding for student success
for the 2017-2018 and subsequent school years.
    (a) General provisions.
        (1) The purpose of this Section is to ensure that, by
    June 30, 2027 and beyond, this State has a kindergarten
    through grade 12 public education system with the capacity
    to ensure the educational development of all persons to the
    limits of their capacities in accordance with Section 1 of
    Article X of the Constitution of the State of Illinois. To
    accomplish that objective, this Section creates a method of
    funding public education that is evidence-based; is
    sufficient to ensure every student receives a meaningful
    opportunity to learn irrespective of race, ethnicity,
    sexual orientation, gender, or community-income level; and
    is sustainable and predictable. When fully funded under
    this Section, every school shall have the resources, based
    on what the evidence indicates is needed, to:
            (A) provide all students with a high quality
        education that offers the academic, enrichment, social
        and emotional support, technical, and career-focused
        programs that will allow them to become competitive
        workers, responsible parents, productive citizens of
        this State, and active members of our national
        democracy;
            (B) ensure all students receive the education they
        need to graduate from high school with the skills
        required to pursue post-secondary education and
        training for a rewarding career;
            (C) reduce, with a goal of eliminating, the
        achievement gap between at-risk and non-at-risk
        students by raising the performance of at-risk
        students and not by reducing standards; and
            (D) ensure this State satisfies its obligation to
        assume the primary responsibility to fund public
        education and simultaneously relieve the
        disproportionate burden placed on local property taxes
        to fund schools.
        (2) The evidence-based funding formula under this
    Section shall be applied to all Organizational Units in
    this State. The evidence-based funding formula outlined in
    this Act is based on the formula outlined in Senate Bill 1
    of the 100th General Assembly, as passed by both
    legislative chambers. As further defined and described in
    this Section, there are 4 major components of the
    evidence-based funding model:
            (A) First, the model calculates a unique adequacy
        target for each Organizational Unit in this State that
        considers the costs to implement research-based
        activities, the unit's student demographics, and
        regional wage difference.
            (B) Second, the model calculates each
        Organizational Unit's local capacity, or the amount
        each Organizational Unit is assumed to contribute
        towards its adequacy target from local resources.
            (C) Third, the model calculates how much funding
        the State currently contributes to the Organizational
        Unit, and adds that to the unit's local capacity to
        determine the unit's overall current adequacy of
        funding.
            (D) Finally, the model's distribution method
        allocates new State funding to those Organizational
        Units that are least well-funded, considering both
        local capacity and State funding, in relation to their
        adequacy target.
        (3) An Organizational Unit receiving any funding under
    this Section may apply those funds to any fund so received
    for which that Organizational Unit is authorized to make
    expenditures by law.
        (4) As used in this Section, the following terms shall
    have the meanings ascribed in this paragraph (4):
        "Adequacy Target" is defined in paragraph (1) of
    subsection (b) of this Section.
        "Adjusted EAV" is defined in paragraph (4) of
    subsection (d) of this Section.
        "Adjusted Local Capacity Target" is defined in
    paragraph (3) of subsection (c) of this Section.
        "Adjusted Operating Tax Rate" means a tax rate for all
    Organizational Units, for which the State Superintendent
    shall calculate and subtract for the Operating Tax Rate a
    transportation rate based on total expenses for
    transportation services under this Code, as reported on the
    most recent Annual Financial Report in Pupil
    Transportation Services, function 2550 in both the
    Education and Transportation funds and functions 4110 and
    4120 in the Transportation fund, less any corresponding
    fiscal year State of Illinois scheduled payments excluding
    net adjustments for prior years for regular, vocational, or
    special education transportation reimbursement pursuant to
    Section 29-5 or subsection (b) of Section 14-13.01 of this
    Code divided by the Adjusted EAV. If an Organizational
    Unit's corresponding fiscal year State of Illinois
    scheduled payments excluding net adjustments for prior
    years for regular, vocational, or special education
    transportation reimbursement pursuant to Section 29-5 or
    subsection (b) of Section 14-13.01 of this Code exceed the
    total transportation expenses, as defined in this
    paragraph, no transportation rate shall be subtracted from
    the Operating Tax Rate.
        "Allocation Rate" is defined in paragraph (3) of
    subsection (g) of this Section.
        "Alternative School" means a public school that is
    created and operated by a regional superintendent of
    schools and approved by the State Board.
        "Applicable Tax Rate" is defined in paragraph (1) of
    subsection (d) of this Section.
        "Assessment" means any of those benchmark, progress
    monitoring, formative, diagnostic, and other assessments,
    in addition to the State accountability assessment, that
    assist teachers' needs in understanding the skills and
    meeting the needs of the students they serve.
        "Assistant principal" means a school administrator
    duly endorsed to be employed as an assistant principal in
    this State.
        "At-risk student" means a student who is at risk of not
    meeting the Illinois Learning Standards or not graduating
    from elementary or high school and who demonstrates a need
    for vocational support or social services beyond that
    provided by the regular school program. All students
    included in an Organizational Unit's Low-Income Count, as
    well as all English learner and disabled students attending
    the Organizational Unit, shall be considered at-risk
    students under this Section.
        "Average Student Enrollment" or "ASE" for fiscal year
    2018 means, for an Organizational Unit, the greater of the
    average number of students (grades K through 12) reported
    to the State Board as enrolled in the Organizational Unit
    on October 1 in the immediately preceding school year, plus
    the pre-kindergarten students who receive special
    education services of 2 or more hours a day as reported to
    the State Board on December 1 in the immediately preceding
    school year, or the average number of students (grades K
    through 12) reported to the State Board as enrolled in the
    Organizational Unit on October 1, plus the
    pre-kindergarten students who receive special education
    services of 2 or more hours a day as reported to the State
    Board on December 1, for each of the immediately preceding
    3 school years. For fiscal year 2019 and each subsequent
    fiscal year, "Average Student Enrollment" or "ASE" means,
    for an Organizational Unit, the greater of the average
    number of students (grades K through 12) reported to the
    State Board as enrolled in the Organizational Unit on
    October 1 and March 1 in the immediately preceding school
    year, plus the pre-kindergarten students who receive
    special education services as reported to the State Board
    on October 1 and March 1 in the immediately preceding
    school year, or the average number of students (grades K
    through 12) reported to the State Board as enrolled in the
    Organizational Unit on October 1 and March 1, plus the
    pre-kindergarten students who receive special education
    services as reported to the State Board on October 1 and
    March 1, for each of the immediately preceding 3 school
    years. For the purposes of this definition, "enrolled in
    the Organizational Unit" means the number of students
    reported to the State Board who are enrolled in schools
    within the Organizational Unit that the student attends or
    would attend if not placed or transferred to another school
    or program to receive needed services. For the purposes of
    calculating "ASE", all students, grades K through 12,
    excluding those attending kindergarten for a half day and
    students attending an alternative education program
    operated by a regional office of education or intermediate
    service center, shall be counted as 1.0. All students
    attending kindergarten for a half day shall be counted as
    0.5, unless in 2017 by June 15 or by March 1 in subsequent
    years, the school district reports to the State Board of
    Education the intent to implement full-day kindergarten
    district-wide for all students, then all students
    attending kindergarten shall be counted as 1.0. Special
    education pre-kindergarten students shall be counted as
    0.5 each. If the State Board does not collect or has not
    collected both an October 1 and March 1 enrollment count by
    grade or a December 1 collection of special education
    pre-kindergarten students as of the effective date of this
    amendatory Act of the 100th General Assembly, it shall
    establish such collection for all future years. For any
    year where a count by grade level was collected only once,
    that count shall be used as the single count available for
    computing a 3-year average ASE. Funding for programs
    operated by a regional office of education or an
    intermediate service center must be calculated using the
    evidence-based funding formula under this Section for the
    2019-2020 school year and each subsequent school year until
    separate adequacy formulas are developed and adopted for
    each type of program. ASE for a program operated by a
    regional office of education or an intermediate service
    center must be determined by the March 1 enrollment for the
    program. For the 2019-2020 school year, the ASE used in the
    calculation must be the first-year ASE and, in that year
    only, the assignment of students served by a regional
    office of education or intermediate service center shall
    not result in a reduction of the March enrollment for any
    school district. For the 2020-2021 school year, the ASE
    must be the greater of the current-year ASE or the 2-year
    average ASE. Beginning with the 2021-2022 school year, the
    ASE must be the greater of the current-year ASE or the
    3-year average ASE. School districts shall submit the data
    for the ASE calculation to the State Board within 45 days
    of the dates required in this Section for submission of
    enrollment data in order for it to be included in the ASE
    calculation. For fiscal year 2018 only, the ASE calculation
    shall include only enrollment taken on October 1.
        "Base Funding Guarantee" is defined in paragraph (10)
    of subsection (g) of this Section.
        "Base Funding Minimum" is defined in subsection (e) of
    this Section.
        "Base Tax Year" means the property tax levy year used
    to calculate the Budget Year allocation of primary State
    aid.
        "Base Tax Year's Extension" means the product of the
    equalized assessed valuation utilized by the county clerk
    in the Base Tax Year multiplied by the limiting rate as
    calculated by the county clerk and defined in PTELL.
        "Bilingual Education Allocation" means the amount of
    an Organizational Unit's final Adequacy Target
    attributable to bilingual education divided by the
    Organizational Unit's final Adequacy Target, the product
    of which shall be multiplied by the amount of new funding
    received pursuant to this Section. An Organizational
    Unit's final Adequacy Target attributable to bilingual
    education shall include all additional investments in
    English learner students' adequacy elements.
        "Budget Year" means the school year for which primary
    State aid is calculated and awarded under this Section.
        "Central office" means individual administrators and
    support service personnel charged with managing the
    instructional programs, business and operations, and
    security of the Organizational Unit.
        "Comparable Wage Index" or "CWI" means a regional cost
    differentiation metric that measures systemic, regional
    variations in the salaries of college graduates who are not
    educators. The CWI utilized for this Section shall, for the
    first 3 years of Evidence-Based Funding implementation, be
    the CWI initially developed by the National Center for
    Education Statistics, as most recently updated by Texas A &
    M University. In the fourth and subsequent years of
    Evidence-Based Funding implementation, the State
    Superintendent shall re-determine the CWI using a similar
    methodology to that identified in the Texas A & M
    University study, with adjustments made no less frequently
    than once every 5 years.
        "Computer technology and equipment" means computers
    servers, notebooks, network equipment, copiers, printers,
    instructional software, security software, curriculum
    management courseware, and other similar materials and
    equipment.
        "Computer technology and equipment investment
    allocation" means the final Adequacy Target amount of an
    Organizational Unit assigned to Tier 1 or Tier 2 in the
    prior school year attributable to the additional $285.50
    per student computer technology and equipment investment
    grant divided by the Organizational Unit's final Adequacy
    Target, the result of which shall be multiplied by the
    amount of new funding received pursuant to this Section. An
    Organizational Unit assigned to a Tier 1 or Tier 2 final
    Adequacy Target attributable to the received computer
    technology and equipment investment grant shall include
    all additional investments in computer technology and
    equipment adequacy elements.
        "Core subject" means mathematics; science; reading,
    English, writing, and language arts; history and social
    studies; world languages; and subjects taught as Advanced
    Placement in high schools.
        "Core teacher" means a regular classroom teacher in
    elementary schools and teachers of a core subject in middle
    and high schools.
        "Core Intervention teacher (tutor)" means a licensed
    teacher providing one-on-one or small group tutoring to
    students struggling to meet proficiency in core subjects.
        "CPPRT" means corporate personal property replacement
    tax funds paid to an Organizational Unit during the
    calendar year one year before the calendar year in which a
    school year begins, pursuant to "An Act in relation to the
    abolition of ad valorem personal property tax and the
    replacement of revenues lost thereby, and amending and
    repealing certain Acts and parts of Acts in connection
    therewith", certified August 14, 1979, as amended (Public
    Act 81-1st S.S.-1).
        "EAV" means equalized assessed valuation as defined in
    paragraph (2) of subsection (d) of this Section and
    calculated in accordance with paragraph (3) of subsection
    (d) of this Section.
        "ECI" means the Bureau of Labor Statistics' national
    employment cost index for civilian workers in educational
    services in elementary and secondary schools on a
    cumulative basis for the 12-month calendar year preceding
    the fiscal year of the Evidence-Based Funding calculation.
        "EIS Data" means the employment information system
    data maintained by the State Board on educators within
    Organizational Units.
        "Employee benefits" means health, dental, and vision
    insurance offered to employees of an Organizational Unit,
    the costs associated with statutorily required payment of
    the normal cost of the Organizational Unit's teacher
    pensions, Social Security employer contributions, and
    Illinois Municipal Retirement Fund employer contributions.
        "English learner" or "EL" means a child included in the
    definition of "English learners" under Section 14C-2 of
    this Code participating in a program of transitional
    bilingual education or a transitional program of
    instruction meeting the requirements and program
    application procedures of Article 14C of this Code. For the
    purposes of collecting the number of EL students enrolled,
    the same collection and calculation methodology as defined
    above for "ASE" shall apply to English learners, with the
    exception that EL student enrollment shall include
    students in grades pre-kindergarten through 12.
        "Essential Elements" means those elements, resources,
    and educational programs that have been identified through
    academic research as necessary to improve student success,
    improve academic performance, close achievement gaps, and
    provide for other per student costs related to the delivery
    and leadership of the Organizational Unit, as well as the
    maintenance and operations of the unit, and which are
    specified in paragraph (2) of subsection (b) of this
    Section.
        "Evidence-Based Funding" means State funding provided
    to an Organizational Unit pursuant to this Section.
        "Extended day" means academic and enrichment programs
    provided to students outside the regular school day before
    and after school or during non-instructional times during
    the school day.
        "Extension Limitation Ratio" means a numerical ratio
    in which the numerator is the Base Tax Year's Extension and
    the denominator is the Preceding Tax Year's Extension.
        "Final Percent of Adequacy" is defined in paragraph (4)
    of subsection (f) of this Section.
        "Final Resources" is defined in paragraph (3) of
    subsection (f) of this Section.
        "Full-time equivalent" or "FTE" means the full-time
    equivalency compensation for staffing the relevant
    position at an Organizational Unit.
        "Funding Gap" is defined in paragraph (1) of subsection
    (g).
        "Guidance counselor" means a licensed guidance
    counselor who provides guidance and counseling support for
    students within an Organizational Unit.
        "Hybrid District" means a partial elementary unit
    district created pursuant to Article 11E of this Code.
        "Instructional assistant" means a core or special
    education, non-licensed employee who assists a teacher in
    the classroom and provides academic support to students.
        "Instructional facilitator" means a qualified teacher
    or licensed teacher leader who facilitates and coaches
    continuous improvement in classroom instruction; provides
    instructional support to teachers in the elements of
    research-based instruction or demonstrates the alignment
    of instruction with curriculum standards and assessment
    tools; develops or coordinates instructional programs or
    strategies; develops and implements training; chooses
    standards-based instructional materials; provides teachers
    with an understanding of current research; serves as a
    mentor, site coach, curriculum specialist, or lead
    teacher; or otherwise works with fellow teachers, in
    collaboration, to use data to improve instructional
    practice or develop model lessons.
        "Instructional materials" means relevant instructional
    materials for student instruction, including, but not
    limited to, textbooks, consumable workbooks, laboratory
    equipment, library books, and other similar materials.
        "Laboratory School" means a public school that is
    created and operated by a public university and approved by
    the State Board.
        "Librarian" means a teacher with an endorsement as a
    library information specialist or another individual whose
    primary responsibility is overseeing library resources
    within an Organizational Unit.
        "Limiting rate for Hybrid Districts" means the
    combined elementary school and high school limited rates.
        "Local Capacity" is defined in paragraph (1) of
    subsection (c) of this Section.
        "Local Capacity Percentage" is defined in subparagraph
    (A) of paragraph (2) of subsection (c) of this Section.
        "Local Capacity Ratio" is defined in subparagraph (B)
    of paragraph (2) of subsection (c) of this Section.
        "Local Capacity Target" is defined in paragraph (2) of
    subsection (c) of this Section.
        "Low-Income Count" means, for an Organizational Unit
    in a fiscal year, the higher of the average number of
    students for the prior school year or the immediately
    preceding 3 school years who, as of July 1 of the
    immediately preceding fiscal year (as determined by the
    Department of Human Services), are eligible for at least
    one of the following low income programs: Medicaid, the
    Children's Health Insurance Program, TANF, or the
    Supplemental Nutrition Assistance Program, excluding
    pupils who are eligible for services provided by the
    Department of Children and Family Services. Until such time
    that grade level low-income populations become available,
    grade level low-income populations shall be determined by
    applying the low-income percentage to total student
    enrollments by grade level. The low-income percentage is
    determined by dividing the Low-Income Count by the Average
    Student Enrollment. The low-income percentage for programs
    operated by a regional office of education or an
    intermediate service center must be set to the weighted
    average of the low-income percentages of all of the school
    districts in the service region. The weighted low-income
    percentage is the result of multiplying the low-income
    percentage of each school district served by the regional
    office of education or intermediate service center by each
    school district's Average Student Enrollment, summarizing
    those products and dividing the total by the total Average
    Student Enrollment for the service region.
        "Maintenance and operations" means custodial services,
    facility and ground maintenance, facility operations,
    facility security, routine facility repairs, and other
    similar services and functions.
        "Minimum Funding Level" is defined in paragraph (9) of
    subsection (g) of this Section.
        "New Property Tax Relief Pool Funds" means, for any
    given fiscal year, all State funds appropriated under
    Section 2-3.170 of the School Code.
        "New State Funds" means, for a given school year, all
    State funds appropriated for Evidence-Based Funding in
    excess of the amount needed to fund the Base Funding
    Minimum for all Organizational Units in that school year.
        "Net State Contribution Target" means, for a given
    school year, the amount of State funds that would be
    necessary to fully meet the Adequacy Target of an
    Operational Unit minus the Preliminary Resources available
    to each unit.
        "Nurse" means an individual licensed as a certified
    school nurse, in accordance with the rules established for
    nursing services by the State Board, who is an employee of
    and is available to provide health care-related services
    for students of an Organizational Unit.
        "Operating Tax Rate" means the rate utilized in the
    previous year to extend property taxes for all purposes,
    except, Bond and Interest, Summer School, Rent, Capital
    Improvement, and Vocational Education Building purposes.
    For Hybrid Districts, the Operating Tax Rate shall be the
    combined elementary and high school rates utilized in the
    previous year to extend property taxes for all purposes,
    except, Bond and Interest, Summer School, Rent, Capital
    Improvement, and Vocational Education Building purposes.
        "Organizational Unit" means a Laboratory School or any
    public school district that is recognized as such by the
    State Board and that contains elementary schools typically
    serving kindergarten through 5th grades, middle schools
    typically serving 6th through 8th grades, or high schools
    typically serving 9th through 12th grades, a program
    established under Section 2-3.66 or 2-3.41, or a program
    operated by a regional office of education or an
    intermediate service center under Article 13A or 13B. The
    General Assembly acknowledges that the actual grade levels
    served by a particular Organizational Unit may vary
    slightly from what is typical.
        "Organizational Unit CWI" is determined by calculating
    the CWI in the region and original county in which an
    Organizational Unit's primary administrative office is
    located as set forth in this paragraph, provided that if
    the Organizational Unit CWI as calculated in accordance
    with this paragraph is less than 0.9, the Organizational
    Unit CWI shall be increased to 0.9. Each county's current
    CWI value shall be adjusted based on the CWI value of that
    county's neighboring Illinois counties, to create a
    "weighted adjusted index value". This shall be calculated
    by summing the CWI values of all of a county's adjacent
    Illinois counties and dividing by the number of adjacent
    Illinois counties, then taking the weighted value of the
    original county's CWI value and the adjacent Illinois
    county average. To calculate this weighted value, if the
    number of adjacent Illinois counties is greater than 2, the
    original county's CWI value will be weighted at 0.25 and
    the adjacent Illinois county average will be weighted at
    0.75. If the number of adjacent Illinois counties is 2, the
    original county's CWI value will be weighted at 0.33 and
    the adjacent Illinois county average will be weighted at
    0.66. The greater of the county's current CWI value and its
    weighted adjusted index value shall be used as the
    Organizational Unit CWI.
        "Preceding Tax Year" means the property tax levy year
    immediately preceding the Base Tax Year.
        "Preceding Tax Year's Extension" means the product of
    the equalized assessed valuation utilized by the county
    clerk in the Preceding Tax Year multiplied by the Operating
    Tax Rate.
        "Preliminary Percent of Adequacy" is defined in
    paragraph (2) of subsection (f) of this Section.
        "Preliminary Resources" is defined in paragraph (2) of
    subsection (f) of this Section.
        "Principal" means a school administrator duly endorsed
    to be employed as a principal in this State.
        "Professional development" means training programs for
    licensed staff in schools, including, but not limited to,
    programs that assist in implementing new curriculum
    programs, provide data focused or academic assessment data
    training to help staff identify a student's weaknesses and
    strengths, target interventions, improve instruction,
    encompass instructional strategies for English learner,
    gifted, or at-risk students, address inclusivity, cultural
    sensitivity, or implicit bias, or otherwise provide
    professional support for licensed staff.
        "Prototypical" means 450 special education
    pre-kindergarten and kindergarten through grade 5 students
    for an elementary school, 450 grade 6 through 8 students
    for a middle school, and 600 grade 9 through 12 students
    for a high school.
        "PTELL" means the Property Tax Extension Limitation
    Law.
        "PTELL EAV" is defined in paragraph (4) of subsection
    (d) of this Section.
        "Pupil support staff" means a nurse, psychologist,
    social worker, family liaison personnel, or other staff
    member who provides support to at-risk or struggling
    students.
        "Real Receipts" is defined in paragraph (1) of
    subsection (d) of this Section.
        "Regionalization Factor" means, for a particular
    Organizational Unit, the figure derived by dividing the
    Organizational Unit CWI by the Statewide Weighted CWI.
        "School site staff" means the primary school secretary
    and any additional clerical personnel assigned to a school.
        "Special education" means special educational
    facilities and services, as defined in Section 14-1.08 of
    this Code.
        "Special Education Allocation" means the amount of an
    Organizational Unit's final Adequacy Target attributable
    to special education divided by the Organizational Unit's
    final Adequacy Target, the product of which shall be
    multiplied by the amount of new funding received pursuant
    to this Section. An Organizational Unit's final Adequacy
    Target attributable to special education shall include all
    special education investment adequacy elements.
        "Specialist teacher" means a teacher who provides
    instruction in subject areas not included in core subjects,
    including, but not limited to, art, music, physical
    education, health, driver education, career-technical
    education, and such other subject areas as may be mandated
    by State law or provided by an Organizational Unit.
        "Specially Funded Unit" means an Alternative School,
    safe school, Department of Juvenile Justice school,
    special education cooperative or entity recognized by the
    State Board as a special education cooperative,
    State-approved charter school, or alternative learning
    opportunities program that received direct funding from
    the State Board during the 2016-2017 school year through
    any of the funding sources included within the calculation
    of the Base Funding Minimum or Glenwood Academy.
        "Supplemental Grant Funding" means supplemental
    general State aid funding received by an Organization Unit
    during the 2016-2017 school year pursuant to subsection (H)
    of Section 18-8.05 of this Code (now repealed).
        "State Adequacy Level" is the sum of the Adequacy
    Targets of all Organizational Units.
        "State Board" means the State Board of Education.
        "State Superintendent" means the State Superintendent
    of Education.
        "Statewide Weighted CWI" means a figure determined by
    multiplying each Organizational Unit CWI times the ASE for
    that Organizational Unit creating a weighted value,
    summing all Organizational Unit's weighted values, and
    dividing by the total ASE of all Organizational Units,
    thereby creating an average weighted index.
        "Student activities" means non-credit producing
    after-school programs, including, but not limited to,
    clubs, bands, sports, and other activities authorized by
    the school board of the Organizational Unit.
        "Substitute teacher" means an individual teacher or
    teaching assistant who is employed by an Organizational
    Unit and is temporarily serving the Organizational Unit on
    a per diem or per period-assignment basis replacing another
    staff member.
        "Summer school" means academic and enrichment programs
    provided to students during the summer months outside of
    the regular school year.
        "Supervisory aide" means a non-licensed staff member
    who helps in supervising students of an Organizational
    Unit, but does so outside of the classroom, in situations
    such as, but not limited to, monitoring hallways and
    playgrounds, supervising lunchrooms, or supervising
    students when being transported in buses serving the
    Organizational Unit.
        "Target Ratio" is defined in paragraph (4) of
    subsection (g).
        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
    in paragraph (3) of subsection (g).
        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
    Funding", "Tier 3 Aggregate Funding", and "Tier 4 Aggregate
    Funding" are defined in paragraph (1) of subsection (g).
    (b) Adequacy Target calculation.
        (1) Each Organizational Unit's Adequacy Target is the
    sum of the Organizational Unit's cost of providing
    Essential Elements, as calculated in accordance with this
    subsection (b), with the salary amounts in the Essential
    Elements multiplied by a Regionalization Factor calculated
    pursuant to paragraph (3) of this subsection (b).
        (2) The Essential Elements are attributable on a pro
    rata basis related to defined subgroups of the ASE of each
    Organizational Unit as specified in this paragraph (2),
    with investments and FTE positions pro rata funded based on
    ASE counts in excess or less than the thresholds set forth
    in this paragraph (2). The method for calculating
    attributable pro rata costs and the defined subgroups
    thereto are as follows:
            (A) Core class size investments. Each
        Organizational Unit shall receive the funding required
        to support that number of FTE core teacher positions as
        is needed to keep the respective class sizes of the
        Organizational Unit to the following maximum numbers:
                (i) For grades kindergarten through 3, the
            Organizational Unit shall receive funding required
            to support one FTE core teacher position for every
            15 Low-Income Count students in those grades and
            one FTE core teacher position for every 20
            non-Low-Income Count students in those grades.
                (ii) For grades 4 through 12, the
            Organizational Unit shall receive funding required
            to support one FTE core teacher position for every
            20 Low-Income Count students in those grades and
            one FTE core teacher position for every 25
            non-Low-Income Count students in those grades.
            The number of non-Low-Income Count students in a
        grade shall be determined by subtracting the
        Low-Income students in that grade from the ASE of the
        Organizational Unit for that grade.
            (B) Specialist teacher investments. Each
        Organizational Unit shall receive the funding needed
        to cover that number of FTE specialist teacher
        positions that correspond to the following
        percentages:
                (i) if the Organizational Unit operates an
            elementary or middle school, then 20.00% of the
            number of the Organizational Unit's core teachers,
            as determined under subparagraph (A) of this
            paragraph (2); and
                (ii) if such Organizational Unit operates a
            high school, then 33.33% of the number of the
            Organizational Unit's core teachers.
            (C) Instructional facilitator investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE instructional facilitator position
        for every 200 combined ASE of pre-kindergarten
        children with disabilities and all kindergarten
        through grade 12 students of the Organizational Unit.
            (D) Core intervention teacher (tutor) investments.
        Each Organizational Unit shall receive the funding
        needed to cover one FTE teacher position for each
        prototypical elementary, middle, and high school.
            (E) Substitute teacher investments. Each
        Organizational Unit shall receive the funding needed
        to cover substitute teacher costs that is equal to
        5.70% of the minimum pupil attendance days required
        under Section 10-19 of this Code for all full-time
        equivalent core, specialist, and intervention
        teachers, school nurses, special education teachers
        and instructional assistants, instructional
        facilitators, and summer school and extended-day
        teacher positions, as determined under this paragraph
        (2), at a salary rate of 33.33% of the average salary
        for grade K through 12 teachers and 33.33% of the
        average salary of each instructional assistant
        position.
            (F) Core guidance counselor investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE guidance counselor for each 450
        combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 5
        students, plus one FTE guidance counselor for each 250
        grades 6 through 8 ASE middle school students, plus one
        FTE guidance counselor for each 250 grades 9 through 12
        ASE high school students.
            (G) Nurse investments. Each Organizational Unit
        shall receive the funding needed to cover one FTE nurse
        for each 750 combined ASE of pre-kindergarten children
        with disabilities and all kindergarten through grade
        12 students across all grade levels it serves.
            (H) Supervisory aide investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE for each 225 combined ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 5 students, plus one FTE for
        each 225 ASE middle school students, plus one FTE for
        each 200 ASE high school students.
            (I) Librarian investments. Each Organizational
        Unit shall receive the funding needed to cover one FTE
        librarian for each prototypical elementary school,
        middle school, and high school and one FTE aide or
        media technician for every 300 combined ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 12 students.
            (J) Principal investments. Each Organizational
        Unit shall receive the funding needed to cover one FTE
        principal position for each prototypical elementary
        school, plus one FTE principal position for each
        prototypical middle school, plus one FTE principal
        position for each prototypical high school.
            (K) Assistant principal investments. Each
        Organizational Unit shall receive the funding needed
        to cover one FTE assistant principal position for each
        prototypical elementary school, plus one FTE assistant
        principal position for each prototypical middle
        school, plus one FTE assistant principal position for
        each prototypical high school.
            (L) School site staff investments. Each
        Organizational Unit shall receive the funding needed
        for one FTE position for each 225 ASE of
        pre-kindergarten children with disabilities and all
        kindergarten through grade 5 students, plus one FTE
        position for each 225 ASE middle school students, plus
        one FTE position for each 200 ASE high school students.
            (M) Gifted investments. Each Organizational Unit
        shall receive $40 per kindergarten through grade 12
        ASE.
            (N) Professional development investments. Each
        Organizational Unit shall receive $125 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students for trainers and other professional
        development-related expenses for supplies and
        materials.
            (O) Instructional material investments. Each
        Organizational Unit shall receive $190 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover instructional material costs.
            (P) Assessment investments. Each Organizational
        Unit shall receive $25 per student of the combined ASE
        of pre-kindergarten children with disabilities and all
        kindergarten through grade 12 students student to
        cover assessment costs.
            (Q) Computer technology and equipment investments.
        Each Organizational Unit shall receive $285.50 per
        student of the combined ASE of pre-kindergarten
        children with disabilities and all kindergarten
        through grade 12 students to cover computer technology
        and equipment costs. For the 2018-2019 school year and
        subsequent school years, Organizational Units assigned
        to Tier 1 and Tier 2 in the prior school year shall
        receive an additional $285.50 per student of the
        combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover computer technology and equipment
        costs in the Organization Unit's Adequacy Target. The
        State Board may establish additional requirements for
        Organizational Unit expenditures of funds received
        pursuant to this subparagraph (Q), including a
        requirement that funds received pursuant to this
        subparagraph (Q) may be used only for serving the
        technology needs of the district. It is the intent of
        this amendatory Act of the 100th General Assembly that
        all Tier 1 and Tier 2 districts receive the addition to
        their Adequacy Target in the following year, subject to
        compliance with the requirements of the State Board.
            (R) Student activities investments. Each
        Organizational Unit shall receive the following
        funding amounts to cover student activities: $100 per
        kindergarten through grade 5 ASE student in elementary
        school, plus $200 per ASE student in middle school,
        plus $675 per ASE student in high school.
            (S) Maintenance and operations investments. Each
        Organizational Unit shall receive $1,038 per student
        of the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12 for
        day-to-day maintenance and operations expenditures,
        including salary, supplies, and materials, as well as
        purchased services, but excluding employee benefits.
        The proportion of salary for the application of a
        Regionalization Factor and the calculation of benefits
        is equal to $352.92.
            (T) Central office investments. Each
        Organizational Unit shall receive $742 per student of
        the combined ASE of pre-kindergarten children with
        disabilities and all kindergarten through grade 12
        students to cover central office operations, including
        administrators and classified personnel charged with
        managing the instructional programs, business and
        operations of the school district, and security
        personnel. The proportion of salary for the
        application of a Regionalization Factor and the
        calculation of benefits is equal to $368.48.
            (U) Employee benefit investments. Each
        Organizational Unit shall receive 30% of the total of
        all salary-calculated elements of the Adequacy Target,
        excluding substitute teachers and student activities
        investments, to cover benefit costs. For central
        office and maintenance and operations investments, the
        benefit calculation shall be based upon the salary
        proportion of each investment. If at any time the
        responsibility for funding the employer normal cost of
        teacher pensions is assigned to school districts, then
        that amount certified by the Teachers' Retirement
        System of the State of Illinois to be paid by the
        Organizational Unit for the preceding school year
        shall be added to the benefit investment. For any
        fiscal year in which a school district organized under
        Article 34 of this Code is responsible for paying the
        employer normal cost of teacher pensions, then that
        amount of its employer normal cost plus the amount for
        retiree health insurance as certified by the Public
        School Teachers' Pension and Retirement Fund of
        Chicago to be paid by the school district for the
        preceding school year that is statutorily required to
        cover employer normal costs and the amount for retiree
        health insurance shall be added to the 30% specified in
        this subparagraph (U). The Teachers' Retirement System
        of the State of Illinois and the Public School
        Teachers' Pension and Retirement Fund of Chicago shall
        submit such information as the State Superintendent
        may require for the calculations set forth in this
        subparagraph (U).
            (V) Additional investments in low-income students.
        In addition to and not in lieu of all other funding
        under this paragraph (2), each Organizational Unit
        shall receive funding based on the average teacher
        salary for grades K through 12 to cover the costs of:
                (i) one FTE intervention teacher (tutor)
            position for every 125 Low-Income Count students;
                (ii) one FTE pupil support staff position for
            every 125 Low-Income Count students;
                (iii) one FTE extended day teacher position
            for every 120 Low-Income Count students; and
                (iv) one FTE summer school teacher position
            for every 120 Low-Income Count students.
            (W) Additional investments in English learner
        students. In addition to and not in lieu of all other
        funding under this paragraph (2), each Organizational
        Unit shall receive funding based on the average teacher
        salary for grades K through 12 to cover the costs of:
                (i) one FTE intervention teacher (tutor)
            position for every 125 English learner students;
                (ii) one FTE pupil support staff position for
            every 125 English learner students;
                (iii) one FTE extended day teacher position
            for every 120 English learner students;
                (iv) one FTE summer school teacher position
            for every 120 English learner students; and
                (v) one FTE core teacher position for every 100
            English learner students.
            (X) Special education investments. Each
        Organizational Unit shall receive funding based on the
        average teacher salary for grades K through 12 to cover
        special education as follows:
                (i) one FTE teacher position for every 141
            combined ASE of pre-kindergarten children with
            disabilities and all kindergarten through grade 12
            students;
                (ii) one FTE instructional assistant for every
            141 combined ASE of pre-kindergarten children with
            disabilities and all kindergarten through grade 12
            students; and
                (iii) one FTE psychologist position for every
            1,000 combined ASE of pre-kindergarten children
            with disabilities and all kindergarten through
            grade 12 students.
        (3) For calculating the salaries included within the
    Essential Elements, the State Superintendent shall
    annually calculate average salaries to the nearest dollar
    using the employment information system data maintained by
    the State Board, limited to public schools only and
    excluding special education and vocational cooperatives,
    schools operated by the Department of Juvenile Justice, and
    charter schools, for the following positions:
            (A) Teacher for grades K through 8.
            (B) Teacher for grades 9 through 12.
            (C) Teacher for grades K through 12.
            (D) Guidance counselor for grades K through 8.
            (E) Guidance counselor for grades 9 through 12.
            (F) Guidance counselor for grades K through 12.
            (G) Social worker.
            (H) Psychologist.
            (I) Librarian.
            (J) Nurse.
            (K) Principal.
            (L) Assistant principal.
        For the purposes of this paragraph (3), "teacher"
    includes core teachers, specialist and elective teachers,
    instructional facilitators, tutors, special education
    teachers, pupil support staff teachers, English learner
    teachers, extended-day teachers, and summer school
    teachers. Where specific grade data is not required for the
    Essential Elements, the average salary for corresponding
    positions shall apply. For substitute teachers, the
    average teacher salary for grades K through 12 shall apply.
        For calculating the salaries included within the
    Essential Elements for positions not included within EIS
    Data, the following salaries shall be used in the first
    year of implementation of Evidence-Based Funding:
            (i) school site staff, $30,000; and
            (ii) non-instructional assistant, instructional
        assistant, library aide, library media tech, or
        supervisory aide: $25,000.
        In the second and subsequent years of implementation of
    Evidence-Based Funding, the amounts in items (i) and (ii)
    of this paragraph (3) shall annually increase by the ECI.
        The salary amounts for the Essential Elements
    determined pursuant to subparagraphs (A) through (L), (S)
    and (T), and (V) through (X) of paragraph (2) of subsection
    (b) of this Section shall be multiplied by a
    Regionalization Factor.
    (c) Local capacity calculation.
        (1) Each Organizational Unit's Local Capacity
    represents an amount of funding it is assumed to contribute
    toward its Adequacy Target for purposes of the
    Evidence-Based Funding formula calculation. "Local
    Capacity" means either (i) the Organizational Unit's Local
    Capacity Target as calculated in accordance with paragraph
    (2) of this subsection (c) if its Real Receipts are equal
    to or less than its Local Capacity Target or (ii) the
    Organizational Unit's Adjusted Local Capacity, as
    calculated in accordance with paragraph (3) of this
    subsection (c) if Real Receipts are more than its Local
    Capacity Target.
        (2) "Local Capacity Target" means, for an
    Organizational Unit, that dollar amount that is obtained by
    multiplying its Adequacy Target by its Local Capacity
    Ratio.
            (A) An Organizational Unit's Local Capacity
        Percentage is the conversion of the Organizational
        Unit's Local Capacity Ratio, as such ratio is
        determined in accordance with subparagraph (B) of this
        paragraph (2), into a cumulative distribution
        resulting in a percentile ranking to determine each
        Organizational Unit's relative position to all other
        Organizational Units in this State. The calculation of
        Local Capacity Percentage is described in subparagraph
        (C) of this paragraph (2).
            (B) An Organizational Unit's Local Capacity Ratio
        in a given year is the percentage obtained by dividing
        its Adjusted EAV or PTELL EAV, whichever is less, by
        its Adequacy Target, with the resulting ratio further
        adjusted as follows:
                (i) for Organizational Units serving grades
            kindergarten through 12 and Hybrid Districts, no
            further adjustments shall be made;
                (ii) for Organizational Units serving grades
            kindergarten through 8, the ratio shall be
            multiplied by 9/13;
                (iii) for Organizational Units serving grades
            9 through 12, the Local Capacity Ratio shall be
            multiplied by 4/13; and
                (iv) for an Organizational Unit with a
            different grade configuration than those specified
            in items (i) through (iii) of this subparagraph
            (B), the State Superintendent shall determine a
            comparable adjustment based on the grades served.
            (C) The Local Capacity Percentage is equal to the
        percentile ranking of the district. Local Capacity
        Percentage converts each Organizational Unit's Local
        Capacity Ratio to a cumulative distribution resulting
        in a percentile ranking to determine each
        Organizational Unit's relative position to all other
        Organizational Units in this State. The Local Capacity
        Percentage cumulative distribution resulting in a
        percentile ranking for each Organizational Unit shall
        be calculated using the standard normal distribution
        of the score in relation to the weighted mean and
        weighted standard deviation and Local Capacity Ratios
        of all Organizational Units. If the value assigned to
        any Organizational Unit is in excess of 90%, the value
        shall be adjusted to 90%. For Laboratory Schools, the
        Local Capacity Percentage shall be set at 10% in
        recognition of the absence of EAV and resources from
        the public university that are allocated to the
        Laboratory School. For programs operated by a regional
        office of education or an intermediate service center,
        the Local Capacity Percentage must be set at 10% in
        recognition of the absence of EAV and resources from
        school districts that are allocated to the regional
        office of education or intermediate service center.
        The weighted mean for the Local Capacity Percentage
        shall be determined by multiplying each Organizational
        Unit's Local Capacity Ratio times the ASE for the unit
        creating a weighted value, summing the weighted values
        of all Organizational Units, and dividing by the total
        ASE of all Organizational Units. The weighted standard
        deviation shall be determined by taking the square root
        of the weighted variance of all Organizational Units'
        Local Capacity Ratio, where the variance is calculated
        by squaring the difference between each unit's Local
        Capacity Ratio and the weighted mean, then multiplying
        the variance for each unit times the ASE for the unit
        to create a weighted variance for each unit, then
        summing all units' weighted variance and dividing by
        the total ASE of all units.
            (D) For any Organizational Unit, the
        Organizational Unit's Adjusted Local Capacity Target
        shall be reduced by either (i) the school board's
        remaining contribution pursuant to paragraph (ii) of
        subsection (b-4) of Section 16-158 of the Illinois
        Pension Code in a given year, or (ii) the board of
        education's remaining contribution pursuant to
        paragraph (iv) of subsection (b) of Section 17-129 of
        the Illinois Pension Code absent the employer normal
        cost portion of the required contribution and amount
        allowed pursuant to subdivision (3) of Section
        17-142.1 of the Illinois Pension Code in a given year.
        In the preceding sentence, item (i) shall be certified
        to the State Board of Education by the Teachers'
        Retirement System of the State of Illinois and item
        (ii) shall be certified to the State Board of Education
        by the Public School Teachers' Pension and Retirement
        Fund of the City of Chicago.
        (3) If an Organizational Unit's Real Receipts are more
    than its Local Capacity Target, then its Local Capacity
    shall equal an Adjusted Local Capacity Target as calculated
    in accordance with this paragraph (3). The Adjusted Local
    Capacity Target is calculated as the sum of the
    Organizational Unit's Local Capacity Target and its Real
    Receipts Adjustment. The Real Receipts Adjustment equals
    the Organizational Unit's Real Receipts less its Local
    Capacity Target, with the resulting figure multiplied by
    the Local Capacity Percentage.
        As used in this paragraph (3), "Real Percent of
    Adequacy" means the sum of an Organizational Unit's Real
    Receipts, CPPRT, and Base Funding Minimum, with the
    resulting figure divided by the Organizational Unit's
    Adequacy Target.
    (d) Calculation of Real Receipts, EAV, and Adjusted EAV for
purposes of the Local Capacity calculation.
        (1) An Organizational Unit's Real Receipts are the
    product of its Applicable Tax Rate and its Adjusted EAV. An
    Organizational Unit's Applicable Tax Rate is its Adjusted
    Operating Tax Rate for property within the Organizational
    Unit.
        (2) The State Superintendent shall calculate the
    Equalized Assessed Valuation, or EAV, of all taxable
    property of each Organizational Unit as of September 30 of
    the previous year in accordance with paragraph (3) of this
    subsection (d). The State Superintendent shall then
    determine the Adjusted EAV of each Organizational Unit in
    accordance with paragraph (4) of this subsection (d), which
    Adjusted EAV figure shall be used for the purposes of
    calculating Local Capacity.
        (3) To calculate Real Receipts and EAV, the Department
    of Revenue shall supply to the State Superintendent the
    value as equalized or assessed by the Department of Revenue
    of all taxable property of every Organizational Unit,
    together with (i) the applicable tax rate used in extending
    taxes for the funds of the Organizational Unit as of
    September 30 of the previous year and (ii) the limiting
    rate for all Organizational Units subject to property tax
    extension limitations as imposed under PTELL.
            (A) The Department of Revenue shall add to the
        equalized assessed value of all taxable property of
        each Organizational Unit situated entirely or
        partially within a county that is or was subject to the
        provisions of Section 15-176 or 15-177 of the Property
        Tax Code (i) an amount equal to the total amount by
        which the homestead exemption allowed under Section
        15-176 or 15-177 of the Property Tax Code for real
        property situated in that Organizational Unit exceeds
        the total amount that would have been allowed in that
        Organizational Unit if the maximum reduction under
        Section 15-176 was (I) $4,500 in Cook County or $3,500
        in all other counties in tax year 2003 or (II) $5,000
        in all counties in tax year 2004 and thereafter and
        (ii) an amount equal to the aggregate amount for the
        taxable year of all additional exemptions under
        Section 15-175 of the Property Tax Code for owners with
        a household income of $30,000 or less. The county clerk
        of any county that is or was subject to the provisions
        of Section 15-176 or 15-177 of the Property Tax Code
        shall annually calculate and certify to the Department
        of Revenue for each Organizational Unit all homestead
        exemption amounts under Section 15-176 or 15-177 of the
        Property Tax Code and all amounts of additional
        exemptions under Section 15-175 of the Property Tax
        Code for owners with a household income of $30,000 or
        less. It is the intent of this subparagraph (A) that if
        the general homestead exemption for a parcel of
        property is determined under Section 15-176 or 15-177
        of the Property Tax Code rather than Section 15-175,
        then the calculation of EAV shall not be affected by
        the difference, if any, between the amount of the
        general homestead exemption allowed for that parcel of
        property under Section 15-176 or 15-177 of the Property
        Tax Code and the amount that would have been allowed
        had the general homestead exemption for that parcel of
        property been determined under Section 15-175 of the
        Property Tax Code. It is further the intent of this
        subparagraph (A) that if additional exemptions are
        allowed under Section 15-175 of the Property Tax Code
        for owners with a household income of less than
        $30,000, then the calculation of EAV shall not be
        affected by the difference, if any, because of those
        additional exemptions.
            (B) With respect to any part of an Organizational
        Unit within a redevelopment project area in respect to
        which a municipality has adopted tax increment
        allocation financing pursuant to the Tax Increment
        Allocation Redevelopment Act, Division 74.4 of Article
        11 of the Illinois Municipal Code, or the Industrial
        Jobs Recovery Law, Division 74.6 of Article 11 of the
        Illinois Municipal Code, no part of the current EAV of
        real property located in any such project area which is
        attributable to an increase above the total initial EAV
        of such property shall be used as part of the EAV of
        the Organizational Unit, until such time as all
        redevelopment project costs have been paid, as
        provided in Section 11-74.4-8 of the Tax Increment
        Allocation Redevelopment Act or in Section 11-74.6-35
        of the Industrial Jobs Recovery Law. For the purpose of
        the EAV of the Organizational Unit, the total initial
        EAV or the current EAV, whichever is lower, shall be
        used until such time as all redevelopment project costs
        have been paid.
            (B-5) The real property equalized assessed
        valuation for a school district shall be adjusted by
        subtracting from the real property value, as equalized
        or assessed by the Department of Revenue, for the
        district an amount computed by dividing the amount of
        any abatement of taxes under Section 18-170 of the
        Property Tax Code by 3.00% for a district maintaining
        grades kindergarten through 12, by 2.30% for a district
        maintaining grades kindergarten through 8, or by 1.05%
        for a district maintaining grades 9 through 12 and
        adjusted by an amount computed by dividing the amount
        of any abatement of taxes under subsection (a) of
        Section 18-165 of the Property Tax Code by the same
        percentage rates for district type as specified in this
        subparagraph (B-5).
            (C) For Organizational Units that are Hybrid
        Districts, the State Superintendent shall use the
        lesser of the adjusted equalized assessed valuation
        for property within the partial elementary unit
        district for elementary purposes, as defined in
        Article 11E of this Code, or the adjusted equalized
        assessed valuation for property within the partial
        elementary unit district for high school purposes, as
        defined in Article 11E of this Code.
        (4) An Organizational Unit's Adjusted EAV shall be the
    average of its EAV over the immediately preceding 3 years
    or its EAV in the immediately preceding year if the EAV in
    the immediately preceding year has declined by 10% or more
    compared to the 3-year average. In the event of
    Organizational Unit reorganization, consolidation, or
    annexation, the Organizational Unit's Adjusted EAV for the
    first 3 years after such change shall be as follows: the
    most current EAV shall be used in the first year, the
    average of a 2-year EAV or its EAV in the immediately
    preceding year if the EAV declines by 10% or more compared
    to the 2-year average for the second year, and a 3-year
    average EAV or its EAV in the immediately preceding year if
    the adjusted EAV declines by 10% or more compared to the
    3-year average for the third year. For any school district
    whose EAV in the immediately preceding year is used in
    calculations, in the following year, the Adjusted EAV shall
    be the average of its EAV over the immediately preceding 2
    years or the immediately preceding year if that year
    represents a decline of 10% or more compared to the 2-year
    average.
        "PTELL EAV" means a figure calculated by the State
    Board for Organizational Units subject to PTELL as
    described in this paragraph (4) for the purposes of
    calculating an Organizational Unit's Local Capacity Ratio.
    Except as otherwise provided in this paragraph (4), the
    PTELL EAV of an Organizational Unit shall be equal to the
    product of the equalized assessed valuation last used in
    the calculation of general State aid under Section 18-8.05
    of this Code (now repealed) or Evidence-Based Funding under
    this Section and the Organizational Unit's Extension
    Limitation Ratio. If an Organizational Unit has approved or
    does approve an increase in its limiting rate, pursuant to
    Section 18-190 of the Property Tax Code, affecting the Base
    Tax Year, the PTELL EAV shall be equal to the product of
    the equalized assessed valuation last used in the
    calculation of general State aid under Section 18-8.05 of
    this Code (now repealed) or Evidence-Based Funding under
    this Section multiplied by an amount equal to one plus the
    percentage increase, if any, in the Consumer Price Index
    for All Urban Consumers for all items published by the
    United States Department of Labor for the 12-month calendar
    year preceding the Base Tax Year, plus the equalized
    assessed valuation of new property, annexed property, and
    recovered tax increment value and minus the equalized
    assessed valuation of disconnected property.
        As used in this paragraph (4), "new property" and
    "recovered tax increment value" shall have the meanings set
    forth in the Property Tax Extension Limitation Law.
    (e) Base Funding Minimum calculation.
        (1) For the 2017-2018 school year, the Base Funding
    Minimum of an Organizational Unit or a Specially Funded
    Unit shall be the amount of State funds distributed to the
    Organizational Unit or Specially Funded Unit during the
    2016-2017 school year prior to any adjustments and
    specified appropriation amounts described in this
    paragraph (1) from the following Sections, as calculated by
    the State Superintendent: Section 18-8.05 of this Code (now
    repealed); Section 5 of Article 224 of Public Act 99-524
    (equity grants); Section 14-7.02b of this Code (funding for
    children requiring special education services); Section
    14-13.01 of this Code (special education facilities and
    staffing), except for reimbursement of the cost of
    transportation pursuant to Section 14-13.01; Section
    14C-12 of this Code (English learners); and Section 18-4.3
    of this Code (summer school), based on an appropriation
    level of $13,121,600. For a school district organized under
    Article 34 of this Code, the Base Funding Minimum also
    includes (i) the funds allocated to the school district
    pursuant to Section 1D-1 of this Code attributable to
    funding programs authorized by the Sections of this Code
    listed in the preceding sentence; and (ii) the difference
    between (I) the funds allocated to the school district
    pursuant to Section 1D-1 of this Code attributable to the
    funding programs authorized by Section 14-7.02 (non-public
    special education reimbursement), subsection (b) of
    Section 14-13.01 (special education transportation),
    Section 29-5 (transportation), Section 2-3.80
    (agricultural education), Section 2-3.66 (truants'
    alternative education), Section 2-3.62 (educational
    service centers), and Section 14-7.03 (special education -
    orphanage) of this Code and Section 15 of the Childhood
    Hunger Relief Act (free breakfast program) and (II) the
    school district's actual expenditures for its non-public
    special education, special education transportation,
    transportation programs, agricultural education, truants'
    alternative education, services that would otherwise be
    performed by a regional office of education, special
    education orphanage expenditures, and free breakfast, as
    most recently calculated and reported pursuant to
    subsection (f) of Section 1D-1 of this Code. The Base
    Funding Minimum for Glenwood Academy shall be $625,500. For
    programs operated by a regional office of education or an
    intermediate service center, the Base Funding Minimum must
    be the total amount of State funds allocated to those
    programs in the 2018-2019 school year and amounts provided
    pursuant to Article 34 of Public Act 100-586 and Section
    3-16 of this Code. All programs established after the
    effective date of this amendatory Act of the 101st General
    Assembly and administered by a regional office of education
    or an intermediate service center must have an initial Base
    Funding Minimum set to an amount equal to the first-year
    ASE multiplied by the amount of per pupil funding received
    in the previous school year by the lowest funded similar
    existing program type. If the enrollment for a program
    operated by a regional office of education or an
    intermediate service center is zero, then it may not
    receive Base Funding Minimum funds for that program in the
    next fiscal year, and those funds must be distributed to
    Organizational Units under subsection (g).
        (2) For the 2018-2019 and subsequent school years, the
    Base Funding Minimum of Organizational Units and Specially
    Funded Units shall be the sum of (i) the amount of
    Evidence-Based Funding for the prior school year, (ii) the
    Base Funding Minimum for the prior school year, and (iii)
    any amount received by a school district pursuant to
    Section 7 of Article 97 of Public Act 100-21.
    (f) Percent of Adequacy and Final Resources calculation.
        (1) The Evidence-Based Funding formula establishes a
    Percent of Adequacy for each Organizational Unit in order
    to place such units into tiers for the purposes of the
    funding distribution system described in subsection (g) of
    this Section. Initially, an Organizational Unit's
    Preliminary Resources and Preliminary Percent of Adequacy
    are calculated pursuant to paragraph (2) of this subsection
    (f). Then, an Organizational Unit's Final Resources and
    Final Percent of Adequacy are calculated to account for the
    Organizational Unit's poverty concentration levels
    pursuant to paragraphs (3) and (4) of this subsection (f).
        (2) An Organizational Unit's Preliminary Resources are
    equal to the sum of its Local Capacity Target, CPPRT, and
    Base Funding Minimum. An Organizational Unit's Preliminary
    Percent of Adequacy is the lesser of (i) its Preliminary
    Resources divided by its Adequacy Target or (ii) 100%.
        (3) Except for Specially Funded Units, an
    Organizational Unit's Final Resources are equal the sum of
    its Local Capacity, CPPRT, and Adjusted Base Funding
    Minimum. The Base Funding Minimum of each Specially Funded
    Unit shall serve as its Final Resources, except that the
    Base Funding Minimum for State-approved charter schools
    shall not include any portion of general State aid
    allocated in the prior year based on the per capita tuition
    charge times the charter school enrollment.
        (4) An Organizational Unit's Final Percent of Adequacy
    is its Final Resources divided by its Adequacy Target. An
    Organizational Unit's Adjusted Base Funding Minimum is
    equal to its Base Funding Minimum less its Supplemental
    Grant Funding, with the resulting figure added to the
    product of its Supplemental Grant Funding and Preliminary
    Percent of Adequacy.
    (g) Evidence-Based Funding formula distribution system.
        (1) In each school year under the Evidence-Based
    Funding formula, each Organizational Unit receives funding
    equal to the sum of its Base Funding Minimum and the unit's
    allocation of New State Funds determined pursuant to this
    subsection (g). To allocate New State Funds, the
    Evidence-Based Funding formula distribution system first
    places all Organizational Units into one of 4 tiers in
    accordance with paragraph (3) of this subsection (g), based
    on the Organizational Unit's Final Percent of Adequacy. New
    State Funds are allocated to each of the 4 tiers as
    follows: Tier 1 Aggregate Funding equals 50% of all New
    State Funds, Tier 2 Aggregate Funding equals 49% of all New
    State Funds, Tier 3 Aggregate Funding equals 0.9% of all
    New State Funds, and Tier 4 Aggregate Funding equals 0.1%
    of all New State Funds. Each Organizational Unit within
    Tier 1 or Tier 2 receives an allocation of New State Funds
    equal to its tier Funding Gap, as defined in the following
    sentence, multiplied by the tier's Allocation Rate
    determined pursuant to paragraph (4) of this subsection
    (g). For Tier 1, an Organizational Unit's Funding Gap
    equals the tier's Target Ratio, as specified in paragraph
    (5) of this subsection (g), multiplied by the
    Organizational Unit's Adequacy Target, with the resulting
    amount reduced by the Organizational Unit's Final
    Resources. For Tier 2, an Organizational Unit's Funding Gap
    equals the tier's Target Ratio, as described in paragraph
    (5) of this subsection (g), multiplied by the
    Organizational Unit's Adequacy Target, with the resulting
    amount reduced by the Organizational Unit's Final
    Resources and its Tier 1 funding allocation. To determine
    the Organizational Unit's Funding Gap, the resulting
    amount is then multiplied by a factor equal to one minus
    the Organizational Unit's Local Capacity Target
    percentage. Each Organizational Unit within Tier 3 or Tier
    4 receives an allocation of New State Funds equal to the
    product of its Adequacy Target and the tier's Allocation
    Rate, as specified in paragraph (4) of this subsection (g).
        (2) To ensure equitable distribution of dollars for all
    Tier 2 Organizational Units, no Tier 2 Organizational Unit
    shall receive fewer dollars per ASE than any Tier 3
    Organizational Unit. Each Tier 2 and Tier 3 Organizational
    Unit shall have its funding allocation divided by its ASE.
    Any Tier 2 Organizational Unit with a funding allocation
    per ASE below the greatest Tier 3 allocation per ASE shall
    get a funding allocation equal to the greatest Tier 3
    funding allocation per ASE multiplied by the
    Organizational Unit's ASE. Each Tier 2 Organizational
    Unit's Tier 2 funding allocation shall be multiplied by the
    percentage calculated by dividing the original Tier 2
    Aggregate Funding by the sum of all Tier 2 Organizational
    Unit's Tier 2 funding allocation after adjusting
    districts' funding below Tier 3 levels.
        (3) Organizational Units are placed into one of 4 tiers
    as follows:
            (A) Tier 1 consists of all Organizational Units,
        except for Specially Funded Units, with a Percent of
        Adequacy less than the Tier 1 Target Ratio. The Tier 1
        Target Ratio is the ratio level that allows for Tier 1
        Aggregate Funding to be distributed, with the Tier 1
        Allocation Rate determined pursuant to paragraph (4)
        of this subsection (g).
            (B) Tier 2 consists of all Tier 1 Units and all
        other Organizational Units, except for Specially
        Funded Units, with a Percent of Adequacy of less than
        0.90.
            (C) Tier 3 consists of all Organizational Units,
        except for Specially Funded Units, with a Percent of
        Adequacy of at least 0.90 and less than 1.0.
            (D) Tier 4 consists of all Organizational Units
        with a Percent of Adequacy of at least 1.0.
        (4) The Allocation Rates for Tiers 1 through 4 is
    determined as follows:
            (A) The Tier 1 Allocation Rate is 30%.
            (B) The Tier 2 Allocation Rate is the result of the
        following equation: Tier 2 Aggregate Funding, divided
        by the sum of the Funding Gaps for all Tier 2
        Organizational Units, unless the result of such
        equation is higher than 1.0. If the result of such
        equation is higher than 1.0, then the Tier 2 Allocation
        Rate is 1.0.
            (C) The Tier 3 Allocation Rate is the result of the
        following equation: Tier 3 Aggregate Funding, divided
        by the sum of the Adequacy Targets of all Tier 3
        Organizational Units.
            (D) The Tier 4 Allocation Rate is the result of the
        following equation: Tier 4 Aggregate Funding, divided
        by the sum of the Adequacy Targets of all Tier 4
        Organizational Units.
        (5) A tier's Target Ratio is determined as follows:
            (A) The Tier 1 Target Ratio is the ratio level that
        allows for Tier 1 Aggregate Funding to be distributed
        with the Tier 1 Allocation Rate.
            (B) The Tier 2 Target Ratio is 0.90.
            (C) The Tier 3 Target Ratio is 1.0.
        (6) If, at any point, the Tier 1 Target Ratio is
    greater than 90%, than all Tier 1 funding shall be
    allocated to Tier 2 and no Tier 1 Organizational Unit's
    funding may be identified.
        (7) In the event that all Tier 2 Organizational Units
    receive funding at the Tier 2 Target Ratio level, any
    remaining New State Funds shall be allocated to Tier 3 and
    Tier 4 Organizational Units.
        (8) If any Specially Funded Units, excluding Glenwood
    Academy, recognized by the State Board do not qualify for
    direct funding following the implementation of this
    amendatory Act of the 100th General Assembly from any of
    the funding sources included within the definition of Base
    Funding Minimum, the unqualified portion of the Base
    Funding Minimum shall be transferred to one or more
    appropriate Organizational Units as determined by the
    State Superintendent based on the prior year ASE of the
    Organizational Units.
        (8.5) If a school district withdraws from a special
    education cooperative, the portion of the Base Funding
    Minimum that is attributable to the school district may be
    redistributed to the school district upon withdrawal. The
    school district and the cooperative must include the amount
    of the Base Funding Minimum that is to be re-apportioned in
    their withdrawal agreement and notify the State Board of
    the change with a copy of the agreement upon withdrawal.
        (9) The Minimum Funding Level is intended to establish
    a target for State funding that will keep pace with
    inflation and continue to advance equity through the
    Evidence-Based Funding formula. The target for State
    funding of New Property Tax Relief Pool Funds is
    $50,000,000 for State fiscal year 2019 and subsequent State
    fiscal years. The Minimum Funding Level is equal to
    $350,000,000. In addition to any New State Funds, no more
    than $50,000,000 New Property Tax Relief Pool Funds may be
    counted towards the Minimum Funding Level. If the sum of
    New State Funds and applicable New Property Tax Relief Pool
    Funds are less than the Minimum Funding Level, than funding
    for tiers shall be reduced in the following manner:
            (A) First, Tier 4 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level and New State Funds until such time as
        Tier 4 funding is exhausted.
            (B) Next, Tier 3 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding Level and New State Funds and the reduction in
        Tier 4 funding until such time as Tier 3 funding is
        exhausted.
            (C) Next, Tier 2 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding level and new State Funds and the reduction
        Tier 4 and Tier 3.
            (D) Finally, Tier 1 funding shall be reduced by an
        amount equal to the difference between the Minimum
        Funding level and New State Funds and the reduction in
        Tier 2, 3, and 4 funding. In addition, the Allocation
        Rate for Tier 1 shall be reduced to a percentage equal
        to the Tier 1 allocation rate set by paragraph (4) of
        this subsection (g), multiplied by the result of New
        State Funds divided by the Minimum Funding Level.
        (9.5) For State fiscal year 2019 and subsequent State
    fiscal years, if New State Funds exceed $300,000,000, then
    any amount in excess of $300,000,000 shall be dedicated for
    purposes of Section 2-3.170 of this Code up to a maximum of
    $50,000,000.
        (10) In the event of a decrease in the amount of the
    appropriation for this Section in any fiscal year after
    implementation of this Section, the Organizational Units
    receiving Tier 1 and Tier 2 funding, as determined under
    paragraph (3) of this subsection (g), shall be held
    harmless by establishing a Base Funding Guarantee equal to
    the per pupil kindergarten through grade 12 funding
    received in accordance with this Section in the prior
    fiscal year. Reductions shall be made to the Base Funding
    Minimum of Organizational Units in Tier 3 and Tier 4 on a
    per pupil basis equivalent to the total number of the ASE
    in Tier 3-funded and Tier 4-funded Organizational Units
    divided by the total reduction in State funding. The Base
    Funding Minimum as reduced shall continue to be applied to
    Tier 3 and Tier 4 Organizational Units and adjusted by the
    relative formula when increases in appropriations for this
    Section resume. In no event may State funding reductions to
    Organizational Units in Tier 3 or Tier 4 exceed an amount
    that would be less than the Base Funding Minimum
    established in the first year of implementation of this
    Section. If additional reductions are required, all school
    districts shall receive a reduction by a per pupil amount
    equal to the aggregate additional appropriation reduction
    divided by the total ASE of all Organizational Units.
        (11) The State Superintendent shall make minor
    adjustments to the distribution formula set forth in this
    subsection (g) to account for the rounding of percentages
    to the nearest tenth of a percentage and dollar amounts to
    the nearest whole dollar.
    (h) State Superintendent administration of funding and
district submission requirements.
        (1) The State Superintendent shall, in accordance with
    appropriations made by the General Assembly, meet the
    funding obligations created under this Section.
        (2) The State Superintendent shall calculate the
    Adequacy Target for each Organizational Unit and Net State
    Contribution Target for each Organizational Unit under
    this Section. The State Superintendent shall also certify
    the actual amounts of the New State Funds payable for each
    eligible Organizational Unit based on the equitable
    distribution calculation to the unit's treasurer, as soon
    as possible after such amounts are calculated, including
    any applicable adjusted charge-off increase. No
    Evidence-Based Funding shall be distributed within an
    Organizational Unit without the approval of the unit's
    school board.
        (3) Annually, the State Superintendent shall calculate
    and report to each Organizational Unit the unit's aggregate
    financial adequacy amount, which shall be the sum of the
    Adequacy Target for each Organizational Unit. The State
    Superintendent shall calculate and report separately for
    each Organizational Unit the unit's total State funds
    allocated for its students with disabilities. The State
    Superintendent shall calculate and report separately for
    each Organizational Unit the amount of funding and
    applicable FTE calculated for each Essential Element of the
    unit's Adequacy Target.
        (4) Annually, the State Superintendent shall calculate
    and report to each Organizational Unit the amount the unit
    must expend on special education and bilingual education
    and computer technology and equipment for Organizational
    Units assigned to Tier 1 or Tier 2 that received an
    additional $285.50 per student computer technology and
    equipment investment grant to their Adequacy Target
    pursuant to the unit's Base Funding Minimum, Special
    Education Allocation, Bilingual Education Allocation, and
    computer technology and equipment investment allocation.
        (5) Moneys distributed under this Section shall be
    calculated on a school year basis, but paid on a fiscal
    year basis, with payments beginning in August and extending
    through June. Unless otherwise provided, the moneys
    appropriated for each fiscal year shall be distributed in
    22 equal payments at least 2 times monthly to each
    Organizational Unit. The State Board shall publish a yearly
    distribution schedule at its meeting in June. If moneys
    appropriated for any fiscal year are distributed other than
    monthly, the distribution shall be on the same basis for
    each Organizational Unit.
        (6) Any school district that fails, for any given
    school year, to maintain school as required by law or to
    maintain a recognized school is not eligible to receive
    Evidence-Based Funding. In case of non-recognition of one
    or more attendance centers in a school district otherwise
    operating recognized schools, the claim of the district
    shall be reduced in the proportion that the enrollment in
    the attendance center or centers bears to the enrollment of
    the school district. "Recognized school" means any public
    school that meets the standards for recognition by the
    State Board. A school district or attendance center not
    having recognition status at the end of a school term is
    entitled to receive State aid payments due upon a legal
    claim that was filed while it was recognized.
        (7) School district claims filed under this Section are
    subject to Sections 18-9 and 18-12 of this Code, except as
    otherwise provided in this Section.
        (8) Each fiscal year, the State Superintendent shall
    calculate for each Organizational Unit an amount of its
    Base Funding Minimum and Evidence-Based Funding that shall
    be deemed attributable to the provision of special
    educational facilities and services, as defined in Section
    14-1.08 of this Code, in a manner that ensures compliance
    with maintenance of State financial support requirements
    under the federal Individuals with Disabilities Education
    Act. An Organizational Unit must use such funds only for
    the provision of special educational facilities and
    services, as defined in Section 14-1.08 of this Code, and
    must comply with any expenditure verification procedures
    adopted by the State Board.
        (9) All Organizational Units in this State must submit
    annual spending plans by the end of September of each year
    to the State Board as part of the annual budget process,
    which shall describe how each Organizational Unit will
    utilize the Base Minimum Funding and Evidence-Based
    funding it receives from this State under this Section with
    specific identification of the intended utilization of
    Low-Income, English learner, and special education
    resources. Additionally, the annual spending plans of each
    Organizational Unit shall describe how the Organizational
    Unit expects to achieve student growth and how the
    Organizational Unit will achieve State education goals, as
    defined by the State Board. The State Superintendent may,
    from time to time, identify additional requisites for
    Organizational Units to satisfy when compiling the annual
    spending plans required under this subsection (h). The
    format and scope of annual spending plans shall be
    developed by the State Superintendent in conjunction with
    the Professional Review Panel. School districts that serve
    students under Article 14C of this Code shall continue to
    submit information as required under Section 14C-12 of this
    Code.
        (10) No later than January 1, 2018, the State
    Superintendent shall develop a 5-year strategic plan for
    all Organizational Units to help in planning for adequacy
    funding under this Section. The State Superintendent shall
    submit the plan to the Governor and the General Assembly,
    as provided in Section 3.1 of the General Assembly
    Organization Act. The plan shall include recommendations
    for:
            (A) a framework for collaborative, professional,
        innovative, and 21st century learning environments
        using the Evidence-Based Funding model;
            (B) ways to prepare and support this State's
        educators for successful instructional careers;
            (C) application and enhancement of the current
        financial accountability measures, the approved State
        plan to comply with the federal Every Student Succeeds
        Act, and the Illinois Balanced Accountability Measures
        in relation to student growth and elements of the
        Evidence-Based Funding model; and
            (D) implementation of an effective school adequacy
        funding system based on projected and recommended
        funding levels from the General Assembly.
    (i) Professional Review Panel.
        (1) A Professional Review Panel is created to study and
    review the implementation and effect of the Evidence-Based
    Funding model under this Section and to recommend continual
    recalibration and future study topics and modifications to
    the Evidence-Based Funding model. The Panel shall elect a
    chairperson and vice chairperson by a majority vote of the
    Panel and shall advance recommendations based on a majority
    vote of the Panel. A minority opinion may also accompany
    any recommendation of the majority of the Panel. The Panel
    shall be appointed by the State Superintendent, except as
    otherwise provided in paragraph (2) of this subsection (i)
    and include the following members:
            (A) Two appointees that represent district
        superintendents, recommended by a statewide
        organization that represents district superintendents.
            (B) Two appointees that represent school boards,
        recommended by a statewide organization that
        represents school boards.
            (C) Two appointees from districts that represent
        school business officials, recommended by a statewide
        organization that represents school business
        officials.
            (D) Two appointees that represent school
        principals, recommended by a statewide organization
        that represents school principals.
            (E) Two appointees that represent teachers,
        recommended by a statewide organization that
        represents teachers.
            (F) Two appointees that represent teachers,
        recommended by another statewide organization that
        represents teachers.
            (G) Two appointees that represent regional
        superintendents of schools, recommended by
        organizations that represent regional superintendents.
            (H) Two independent experts selected solely by the
        State Superintendent.
            (I) Two independent experts recommended by public
        universities in this State.
            (J) One member recommended by a statewide
        organization that represents parents.
            (K) Two representatives recommended by collective
        impact organizations that represent major metropolitan
        areas or geographic areas in Illinois.
            (L) One member from a statewide organization
        focused on research-based education policy to support
        a school system that prepares all students for college,
        a career, and democratic citizenship.
            (M) One representative from a school district
        organized under Article 34 of this Code.
        The State Superintendent shall ensure that the
    membership of the Panel includes representatives from
    school districts and communities reflecting the
    geographic, socio-economic, racial, and ethnic diversity
    of this State. The State Superintendent shall additionally
    ensure that the membership of the Panel includes
    representatives with expertise in bilingual education and
    special education. Staff from the State Board shall staff
    the Panel.
        (2) In addition to those Panel members appointed by the
    State Superintendent, 4 members of the General Assembly
    shall be appointed as follows: one member of the House of
    Representatives appointed by the Speaker of the House of
    Representatives, one member of the Senate appointed by the
    President of the Senate, one member of the House of
    Representatives appointed by the Minority Leader of the
    House of Representatives, and one member of the Senate
    appointed by the Minority Leader of the Senate. There shall
    be one additional member appointed by the Governor. All
    members appointed by legislative leaders or the Governor
    shall be non-voting, ex officio members.
        (3) On an annual basis, the State Superintendent shall
    recalibrate the following per pupil elements of the
    Adequacy Target and applied to the formulas, based on the
    Panel's study of average expenses as reported in the most
    recent annual financial report:
            (A) gifted under subparagraph (M) of paragraph (2)
        of subsection (b) of this Section;
            (B) instructional materials under subparagraph (O)
        of paragraph (2) of subsection (b) of this Section;
            (C) assessment under subparagraph (P) of paragraph
        (2) of subsection (b) of this Section;
            (D) student activities under subparagraph (R) of
        paragraph (2) of subsection (b) of this Section;
            (E) maintenance and operations under subparagraph
        (S) of paragraph (2) of subsection (b) of this Section;
        and
            (F) central office under subparagraph (T) of
        paragraph (2) of subsection (b) of this Section.
        (4) On a periodic basis, the Panel shall study all the
    following elements and make recommendations to the State
    Board, the General Assembly, and the Governor for
    modification of this Section:
            (A) The format and scope of annual spending plans
        referenced in paragraph (9) of subsection (h) of this
        Section.
            (B) The Comparable Wage Index under this Section,
        to be studied by the Panel and reestablished by the
        State Superintendent every 5 years.
            (C) Maintenance and operations. Within 5 years
        after the implementation of this Section, the Panel
        shall make recommendations for the further study of
        maintenance and operations costs, including capital
        maintenance costs, and recommend any additional
        reporting data required from Organizational Units.
            (D) "At-risk student" definition. Within 5 years
        after the implementation of this Section, the Panel
        shall make recommendations for the further study and
        determination of an "at-risk student" definition.
        Within 5 years after the implementation of this
        Section, the Panel shall evaluate and make
        recommendations regarding adequate funding for poverty
        concentration under the Evidence-Based Funding model.
            (E) Benefits. Within 5 years after the
        implementation of this Section, the Panel shall make
        recommendations for further study of benefit costs.
            (F) Technology. The per pupil target for
        technology shall be reviewed every 3 years to determine
        whether current allocations are sufficient to develop
        21st century learning in all classrooms in this State
        and supporting a one-to-one technological device
        program in each school. Recommendations shall be made
        no later than 3 years after the implementation of this
        Section.
            (G) Local Capacity Target. Within 3 years after the
        implementation of this Section, the Panel shall make
        recommendations for any additional data desired to
        analyze possible modifications to the Local Capacity
        Target, to be based on measures in addition to solely
        EAV and to be completed within 5 years after
        implementation of this Section.
            (H) Funding for Alternative Schools, Laboratory
        Schools, safe schools, and alternative learning
        opportunities programs. By the beginning of the
        2021-2022 school year, the Panel shall study and make
        recommendations regarding the funding levels for
        Alternative Schools, Laboratory Schools, safe schools,
        and alternative learning opportunities programs in
        this State.
            (I) Funding for college and career acceleration
        strategies. By the beginning of the 2021-2022 school
        year, the Panel shall study and make recommendations
        regarding funding levels to support college and career
        acceleration strategies in high school that have been
        demonstrated to result in improved secondary and
        postsecondary outcomes, including Advanced Placement,
        dual-credit opportunities, and college and career
        pathway systems.
            (J) Special education investments. By the
        beginning of the 2021-2022 school year, the Panel shall
        study and make recommendations on whether and how to
        account for disability types within the special
        education funding category.
            (K) Early childhood investments. In collaboration
        with the Illinois Early Learning Council, the Panel
        shall include an analysis of what level of Preschool
        for All Children funding would be necessary to serve
        all children ages 0 through 5 years in the
        highest-priority service tier, as specified in
        paragraph (4.5) of subsection (a) of Section 2-3.71 of
        this Code, and an analysis of the potential cost
        savings that that level of Preschool for All Children
        investment would have on the kindergarten through
        grade 12 system.
        (5) Within 5 years after the implementation of this
    Section, the Panel shall complete an evaluative study of
    the entire Evidence-Based Funding model, including an
    assessment of whether or not the formula is achieving State
    goals. The Panel shall report to the State Board, the
    General Assembly, and the Governor on the findings of the
    study.
        (6) Within 3 years after the implementation of this
    Section, the Panel shall evaluate and provide
    recommendations to the Governor and the General Assembly on
    the hold-harmless provisions of this Section found in the
    Base Funding Minimum.
    (j) References. Beginning July 1, 2017, references in other
laws to general State aid funds or calculations under Section
18-8.05 of this Code (now repealed) shall be deemed to be
references to evidence-based model formula funds or
calculations under this Section.
(Source: P.A. 100-465, eff. 8-31-17; 100-578, eff. 1-31-18;
100-582, eff. 3-23-18.)
 
    Section 5-75. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by changing Section 2-101 and by adding
Sections 5-107 as follows:
 
    (210 ILCS 49/2-101)
    Sec. 2-101. Standards for facilities.
    (a) The Department shall, by rule, prescribe minimum
standards for each level of care for facilities to be in place
during the provisional licensure period and thereafter. These
standards shall include, but are not limited to, the following:
        (1) life safety standards that will ensure the health,
    safety and welfare of residents and their protection from
    hazards;
        (2) number and qualifications of all personnel,
    including management and clinical personnel, having
    responsibility for any part of the care given to consumers;
    specifically, the Department shall establish staffing
    ratios for facilities which shall specify the number of
    staff hours per consumer of care that are needed for each
    level of care offered within the facility;
        (3) all sanitary conditions within the facility and its
    surroundings, including water supply, sewage disposal,
    food handling, and general hygiene which shall ensure the
    health and comfort of consumers;
        (4) a program for adequate maintenance of physical
    plant and equipment;
        (5) adequate accommodations, staff, and services for
    the number and types of services being offered to consumers
    for whom the facility is licensed to care;
        (6) development of evacuation and other appropriate
    safety plans for use during weather, health, fire, physical
    plant, environmental, and national defense emergencies;
        (7) maintenance of minimum financial or other
    resources necessary to meet the standards established
    under this Section, and to operate and conduct the facility
    in accordance with this Act; and
        (8) standards for coercive free environment,
    restraint, and therapeutic separation.
        (9) each multiple bedroom shall have at least 55 square
    feet of net floor area per consumer, not including space
    for closets, bathrooms, and clearly defined entryway
    areas. A minimum of 3 feet of clearance at the foot and one
    side of each bed shall be provided.
    (b) Any requirement contained in administrative rule
concerning a percentage of single occupancy rooms shall be
calculated based on the total number of licensed or
provisionally licensed beds under this Act on January 1, 2019
and shall not be calculated on a per-facility basis.
(Source: P.A. 100-1181, eff. 3-8-19.)
 
    (210 ILCS 49/5-107 new)
    Sec. 5-107. Quality of life enhancement. Beginning on July
1, 2019, for improving the quality of life and the quality of
care, an additional payment shall be awarded to a facility for
their single occupancy rooms. This payment shall be in addition
to the rate for recovery and rehabilitation. The additional
rate for single room occupancy shall be no less than $10 per
day, per single room occupancy. The Department of Healthcare
and Family Services shall adjust payment to Medicaid managed
care entities to cover these costs.
 
    Section 5-80. The Illinois Public Aid Code is amended by
changing Sections 5-5.01a, 5-5.05b, 5-5e, and 12-10 and by
adding Sections 5-2.06 and 5-30.11 as follows:
 
    (305 ILCS 5/5-2.06 new)
    Sec. 5-2.06. Payment rates; Children's Community-Based
Health Care Centers. Beginning January 1, 2020, the Department
shall, for eligible individuals, reimburse Children's
Community-Based Health Care Centers established in the
Alternative Health Care Delivery Act and providing nursing care
for the purpose of transitioning children from a hospital to
home placement or other appropriate setting and reuniting
families for a maximum of up to 120 days on a per diem basis at
the lower of the Children's Community-Based Health Care
Center's usual and customary charge to the public or at the
Department rate of $950. Payments at the rate set forth in this
Section are exempt from the 2.7% rate reduction required under
Section 5-5e.
 
    (305 ILCS 5/5-5.01a)
    Sec. 5-5.01a. Supportive living facilities program.
    (a) The Department shall establish and provide oversight
for a program of supportive living facilities that seek to
promote resident independence, dignity, respect, and
well-being in the most cost-effective manner.
    A supportive living facility is (i) a free-standing
facility or (ii) a distinct physical and operational entity
within a mixed-use building that meets the criteria established
in subsection (d). A supportive living facility integrates
housing with health, personal care, and supportive services and
is a designated setting that offers residents their own
separate, private, and distinct living units.
    Sites for the operation of the program shall be selected by
the Department based upon criteria that may include the need
for services in a geographic area, the availability of funding,
and the site's ability to meet the standards.
    (b) Beginning July 1, 2014, subject to federal approval,
the Medicaid rates for supportive living facilities shall be
equal to the supportive living facility Medicaid rate effective
on June 30, 2014 increased by 8.85%. Once the assessment
imposed at Article V-G of this Code is determined to be a
permissible tax under Title XIX of the Social Security Act, the
Department shall increase the Medicaid rates for supportive
living facilities effective on July 1, 2014 by 9.09%. The
Department shall apply this increase retroactively to coincide
with the imposition of the assessment in Article V-G of this
Code in accordance with the approval for federal financial
participation by the Centers for Medicare and Medicaid
Services.
    The Medicaid rates for supportive living facilities
effective on July 1, 2017 must be equal to the rates in effect
for supportive living facilities on June 30, 2017 increased by
2.8%.
    Subject to federal approval, the Medicaid rates for
supportive living services on and after July 1, 2019 must be at
least 54.3% of the average total nursing facility services per
diem for the geographic areas defined by the Department while
maintaining the rate differential for dementia care and must be
updated whenever the total nursing facility service per diems
are updated.
    The Medicaid rates for supportive living facilities
effective on July 1, 2018 must be equal to the rates in effect
for supportive living facilities on June 30, 2018.
    (c) The Department may adopt rules to implement this
Section. Rules that establish or modify the services,
standards, and conditions for participation in the program
shall be adopted by the Department in consultation with the
Department on Aging, the Department of Rehabilitation
Services, and the Department of Mental Health and Developmental
Disabilities (or their successor agencies).
    (d) Subject to federal approval by the Centers for Medicare
and Medicaid Services, the Department shall accept for
consideration of certification under the program any
application for a site or building where distinct parts of the
site or building are designated for purposes other than the
provision of supportive living services, but only if:
        (1) those distinct parts of the site or building are
    not designated for the purpose of providing assisted living
    services as required under the Assisted Living and Shared
    Housing Act;
        (2) those distinct parts of the site or building are
    completely separate from the part of the building used for
    the provision of supportive living program services,
    including separate entrances;
        (3) those distinct parts of the site or building do not
    share any common spaces with the part of the building used
    for the provision of supportive living program services;
    and
        (4) those distinct parts of the site or building do not
    share staffing with the part of the building used for the
    provision of supportive living program services.
    (e) Facilities or distinct parts of facilities which are
selected as supportive living facilities and are in good
standing with the Department's rules are exempt from the
provisions of the Nursing Home Care Act and the Illinois Health
Facilities Planning Act.
(Source: P.A. 100-23, eff. 7-6-17; 100-583, eff. 4-6-18;
100-587, eff. 6-4-18.)
 
    (305 ILCS 5/5-5.05b new)
    Sec. 5-5.05b. Access to psychiatric treatment. Effective
July 1, 2019, or as soon thereafter as practical and subject to
federal approval, the Department shall allocate an amount of up
to $40,000,000 to enhance access psychiatric treatment,
including both reimbursement rates to individual physicians
board certified in psychiatry as well as community mental
health centers and other relevant providers.
 
    (305 ILCS 5/5-5e)
    Sec. 5-5e. Adjusted rates of reimbursement.
    (a) Rates or payments for services in effect on June 30,
2012 shall be adjusted and services shall be affected as
required by any other provision of Public Act 97-689. In
addition, the Department shall do the following:
        (1) Delink the per diem rate paid for supportive living
    facility services from the per diem rate paid for nursing
    facility services, effective for services provided on or
    after May 1, 2011 and before July 1, 2019.
        (2) Cease payment for bed reserves in nursing
    facilities and specialized mental health rehabilitation
    facilities; for purposes of therapeutic home visits for
    individuals scoring as TBI on the MDS 3.0, beginning June
    1, 2015, the Department shall approve payments for bed
    reserves in nursing facilities and specialized mental
    health rehabilitation facilities that have at least a 90%
    occupancy level and at least 80% of their residents are
    Medicaid eligible. Payment shall be at a daily rate of 75%
    of an individual's current Medicaid per diem and shall not
    exceed 10 days in a calendar month.
        (2.5) Cease payment for bed reserves for purposes of
    inpatient hospitalizations to intermediate care facilities
    for persons with development disabilities, except in the
    instance of residents who are under 21 years of age.
        (3) Cease payment of the $10 per day add-on payment to
    nursing facilities for certain residents with
    developmental disabilities.
    (b) After the application of subsection (a),
notwithstanding any other provision of this Code to the
contrary and to the extent permitted by federal law, on and
after July 1, 2012, the rates of reimbursement for services and
other payments provided under this Code shall further be
reduced as follows:
        (1) Rates or payments for physician services, dental
    services, or community health center services reimbursed
    through an encounter rate, and services provided under the
    Medicaid Rehabilitation Option of the Illinois Title XIX
    State Plan shall not be further reduced, except as provided
    in Section 5-5b.1.
        (2) Rates or payments, or the portion thereof, paid to
    a provider that is operated by a unit of local government
    or State University that provides the non-federal share of
    such services shall not be further reduced, except as
    provided in Section 5-5b.1.
        (3) Rates or payments for hospital services delivered
    by a hospital defined as a Safety-Net Hospital under
    Section 5-5e.1 of this Code shall not be further reduced,
    except as provided in Section 5-5b.1.
        (4) Rates or payments for hospital services delivered
    by a Critical Access Hospital, which is an Illinois
    hospital designated as a critical care hospital by the
    Department of Public Health in accordance with 42 CFR 485,
    Subpart F, shall not be further reduced, except as provided
    in Section 5-5b.1.
        (5) Rates or payments for Nursing Facility Services
    shall only be further adjusted pursuant to Section 5-5.2 of
    this Code.
        (6) Rates or payments for services delivered by long
    term care facilities licensed under the ID/DD Community
    Care Act or the MC/DD Act and developmental training
    services shall not be further reduced.
        (7) Rates or payments for services provided under
    capitation rates shall be adjusted taking into
    consideration the rates reduction and covered services
    required by Public Act 97-689.
        (8) For hospitals not previously described in this
    subsection, the rates or payments for hospital services
    shall be further reduced by 3.5%, except for payments
    authorized under Section 5A-12.4 of this Code.
        (9) For all other rates or payments for services
    delivered by providers not specifically referenced in
    paragraphs (1) through (8), rates or payments shall be
    further reduced by 2.7%.
    (c) Any assessment imposed by this Code shall continue and
nothing in this Section shall be construed to cause it to
cease.
    (d) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for services provided for the purpose
of transitioning children from a hospital to home placement or
other appropriate setting by a children's community-based
health care center authorized under the Alternative Health Care
Delivery Act shall be $683 per day.
    (e) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for home health visits shall be $72.
    (f) Notwithstanding any other provision of this Code to the
contrary, subject to federal approval under Title XIX of the
Social Security Act, for dates of service on and after July 1,
2014, rates or payments for the certified nursing assistant
component of the home health agency rate shall be $20.
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
98-1166, eff. 6-1-15; 99-2, eff. 3-26-15; 99-180, eff. 7-29-15;
99-642, eff. 7-28-16.)
 
    (305 ILCS 5/5-30.11 new)
    Sec. 5-30.11. Treatment of autism spectrum disorder.
Treatment of autism spectrum disorder through applied behavior
analysis shall be covered under the medical assistance program
under this Article for children with a diagnosis of autism
spectrum disorder when ordered by a physician licensed to
practice medicine in all its branches and rendered by a
licensed or certified health care professional with expertise
in applied behavior analysis. Such coverage may be limited to
age ranges based on evidence-based best practices. Appropriate
State plan amendments as well as rules regarding provision of
services and providers will be submitted by September 1, 2019.
 
    (305 ILCS 5/12-10)  (from Ch. 23, par. 12-10)
    Sec. 12-10. DHS Special Purposes Trust Fund; uses. The DHS
Special Purposes Trust Fund, to be held outside the State
Treasury by the State Treasurer as ex-officio custodian, shall
consist of (1) any federal grants received under Section 12-4.6
that are not required by Section 12-5 to be paid into the
General Revenue Fund or transferred into the Local Initiative
Fund under Section 12-10.1 or deposited in the Employment and
Training Fund under Section 12-10.3 or in the special account
established and maintained in that Fund as provided in that
Section; (2) grants, gifts or legacies of moneys or securities
received under Section 12-4.18; (3) grants received under
Section 12-4.19; and (4) funds for child care and development
services. Disbursements from this Fund shall be only for the
purposes authorized by the aforementioned Sections.
    Disbursements from this Fund shall be by warrants drawn by
the State Comptroller on receipt of vouchers duly executed and
certified by the Illinois Department of Human Services,
including payment to the Health Insurance Reserve Fund for
group insurance costs at the rate certified by the Department
of Central Management Services.
    In addition to any other transfers that may be provided for
by law, the State Comptroller shall direct and the State
Treasurer shall transfer from the DHS Special Purposes Trust
Fund into the Governor's Grant Fund such amounts as may be
directed in writing by the Secretary of Human Services.
    All federal monies received as reimbursement for
expenditures from the General Revenue Fund, and which were made
for the purposes authorized for expenditures from the DHS
Special Purposes Trust Fund, shall be deposited by the
Department into the General Revenue Fund.
(Source: P.A. 99-933, eff. 1-27-17.)
 
    Section 5-85. If and only if House Bill 3343 of the 101st
General Assembly becomes law, then the Illinois Public Aid Code
is amended by changing Section 12-4.13c as follows:
 
    (305 ILCS 5/12-4.13c)
    Sec. 12-4.13c. SNAP Restaurant Meals Program.
    (a) Subject to federal approval of the plan for operating
the Program, the The Department of Human Services shall
establish a Restaurant Meals Program as part of the federal
Supplemental Nutrition Assistance Program (SNAP). Under the
Restaurant Meals Program, households containing elderly or
disabled members, and their spouses, as defined in 7 U.S.C.
2012(j), or homeless individuals, as defined in 7 U.S.C.
2012(l), shall have the option in accordance with 7 U.S.C.
2012(k) to redeem their SNAP benefits at private establishments
that contract with the Department to offer meals for eligible
individuals at concessional prices subject to 7 U.S.C. 2018(h).
The Restaurant Meals Program shall be operational no later than
July 1, 2021 January 1, 2020.
    (b) The Department of Human Services shall adopt any rules
necessary to implement the provisions of this Section.
(Source: 10100HB3343enr.)
 
    Section 5-90. The Senior Citizens and Persons with
Disabilities Property Tax Relief Act is amended by changing
Section 4 as follows:
 
    (320 ILCS 25/4)  (from Ch. 67 1/2, par. 404)
    Sec. 4. Amount of Grant.
    (a) In general. Any individual 65 years or older or any
individual who will become 65 years old during the calendar
year in which a claim is filed, and any surviving spouse of
such a claimant, who at the time of death received or was
entitled to receive a grant pursuant to this Section, which
surviving spouse will become 65 years of age within the 24
months immediately following the death of such claimant and
which surviving spouse but for his or her age is otherwise
qualified to receive a grant pursuant to this Section, and any
person with a disability whose annual household income is less
than the income eligibility limitation, as defined in
subsection (a-5) and whose household is liable for payment of
property taxes accrued or has paid rent constituting property
taxes accrued and is domiciled in this State at the time he or
she files his or her claim is entitled to claim a grant under
this Act. With respect to claims filed by individuals who will
become 65 years old during the calendar year in which a claim
is filed, the amount of any grant to which that household is
entitled shall be an amount equal to 1/12 of the amount to
which the claimant would otherwise be entitled as provided in
this Section, multiplied by the number of months in which the
claimant was 65 in the calendar year in which the claim is
filed.
    (a-5) Income eligibility limitation. For purposes of this
Section, "income eligibility limitation" means an amount for
grant years 2008 through 2019 and thereafter:
        (1) less than $22,218 for a household containing one
    person;
        (2) less than $29,480 for a household containing 2
    persons; or
        (3) less than $36,740 for a household containing 3 or
    more persons.
    For grant years 2020 and thereafter:
        (1) less than $33,562 for a household containing one
    person;
        (2)less than $44,533 for a household containing 2
    persons; or
        (3)less than $55,500 for a household containing 3 or
    more persons.
    For 2009 claim year applications submitted during calendar
year 2010, a household must have annual household income of
less than $27,610 for a household containing one person; less
than $36,635 for a household containing 2 persons; or less than
$45,657 for a household containing 3 or more persons.
    The Department on Aging may adopt rules such that on
January 1, 2011, and thereafter, the foregoing household income
eligibility limits may be changed to reflect the annual cost of
living adjustment in Social Security and Supplemental Security
Income benefits that are applicable to the year for which those
benefits are being reported as income on an application.
    If a person files as a surviving spouse, then only his or
her income shall be counted in determining his or her household
income.
    (b) Limitation. Except as otherwise provided in
subsections (a) and (f) of this Section, the maximum amount of
grant which a claimant is entitled to claim is the amount by
which the property taxes accrued which were paid or payable
during the last preceding tax year or rent constituting
property taxes accrued upon the claimant's residence for the
last preceding taxable year exceeds 3 1/2% of the claimant's
household income for that year but in no event is the grant to
exceed (i) $700 less 4.5% of household income for that year for
those with a household income of $14,000 or less or (ii) $70 if
household income for that year is more than $14,000.
    (c) Public aid recipients. If household income in one or
more months during a year includes cash assistance in excess of
$55 per month from the Department of Healthcare and Family
Services or the Department of Human Services (acting as
successor to the Department of Public Aid under the Department
of Human Services Act) which was determined under regulations
of that Department on a measure of need that included an
allowance for actual rent or property taxes paid by the
recipient of that assistance, the amount of grant to which that
household is entitled, except as otherwise provided in
subsection (a), shall be the product of (1) the maximum amount
computed as specified in subsection (b) of this Section and (2)
the ratio of the number of months in which household income did
not include such cash assistance over $55 to the number twelve.
If household income did not include such cash assistance over
$55 for any months during the year, the amount of the grant to
which the household is entitled shall be the maximum amount
computed as specified in subsection (b) of this Section. For
purposes of this paragraph (c), "cash assistance" does not
include any amount received under the federal Supplemental
Security Income (SSI) program.
    (d) Joint ownership. If title to the residence is held
jointly by the claimant with a person who is not a member of
his or her household, the amount of property taxes accrued used
in computing the amount of grant to which he or she is entitled
shall be the same percentage of property taxes accrued as is
the percentage of ownership held by the claimant in the
residence.
    (e) More than one residence. If a claimant has occupied
more than one residence in the taxable year, he or she may
claim only one residence for any part of a month. In the case
of property taxes accrued, he or she shall prorate 1/12 of the
total property taxes accrued on his or her residence to each
month that he or she owned and occupied that residence; and, in
the case of rent constituting property taxes accrued, shall
prorate each month's rent payments to the residence actually
occupied during that month.
    (f) (Blank).
    (g) Effective January 1, 2006, there is hereby established
a program of pharmaceutical assistance to the aged and to
persons with disabilities, entitled the Illinois Seniors and
Disabled Drug Coverage Program, which shall be administered by
the Department of Healthcare and Family Services and the
Department on Aging in accordance with this subsection, to
consist of coverage of specified prescription drugs on behalf
of beneficiaries of the program as set forth in this
subsection. Notwithstanding any provisions of this Act to the
contrary, on and after July 1, 2012, pharmaceutical assistance
under this Act shall no longer be provided, and on July 1, 2012
the Illinois Senior Citizens and Disabled Persons
Pharmaceutical Assistance Program shall terminate. The
following provisions that concern the Illinois Senior Citizens
and Disabled Persons Pharmaceutical Assistance Program shall
continue to apply on and after July 1, 2012 to the extent
necessary to pursue any actions authorized by subsection (d) of
Section 9 of this Act with respect to acts which took place
prior to July 1, 2012.
    To become a beneficiary under the program established under
this subsection, a person must:
        (1) be (i) 65 years of age or older or (ii) a person
    with a disability; and
        (2) be domiciled in this State; and
        (3) enroll with a qualified Medicare Part D
    Prescription Drug Plan if eligible and apply for all
    available subsidies under Medicare Part D; and
        (4) for the 2006 and 2007 claim years, have a maximum
    household income of (i) less than $21,218 for a household
    containing one person, (ii) less than $28,480 for a
    household containing 2 persons, or (iii) less than $35,740
    for a household containing 3 or more persons; and
        (5) for the 2008 claim year, have a maximum household
    income of (i) less than $22,218 for a household containing
    one person, (ii) $29,480 for a household containing 2
    persons, or (iii) $36,740 for a household containing 3 or
    more persons; and
        (6) for 2009 claim year applications submitted during
    calendar year 2010, have annual household income of less
    than (i) $27,610 for a household containing one person;
    (ii) less than $36,635 for a household containing 2
    persons; or (iii) less than $45,657 for a household
    containing 3 or more persons; and
        (7) as of September 1, 2011, have a maximum household
    income at or below 200% of the federal poverty level.
    All individuals enrolled as of December 31, 2005, in the
pharmaceutical assistance program operated pursuant to
subsection (f) of this Section and all individuals enrolled as
of December 31, 2005, in the SeniorCare Medicaid waiver program
operated pursuant to Section 5-5.12a of the Illinois Public Aid
Code shall be automatically enrolled in the program established
by this subsection for the first year of operation without the
need for further application, except that they must apply for
Medicare Part D and the Low Income Subsidy under Medicare Part
D. A person enrolled in the pharmaceutical assistance program
operated pursuant to subsection (f) of this Section as of
December 31, 2005, shall not lose eligibility in future years
due only to the fact that they have not reached the age of 65.
    To the extent permitted by federal law, the Department may
act as an authorized representative of a beneficiary in order
to enroll the beneficiary in a Medicare Part D Prescription
Drug Plan if the beneficiary has failed to choose a plan and,
where possible, to enroll beneficiaries in the low-income
subsidy program under Medicare Part D or assist them in
enrolling in that program.
    Beneficiaries under the program established under this
subsection shall be divided into the following 4 eligibility
groups:
        (A) Eligibility Group 1 shall consist of beneficiaries
    who are not eligible for Medicare Part D coverage and who
    are:
            (i) a person with a disability and under age 65; or
            (ii) age 65 or older, with incomes over 200% of the
        Federal Poverty Level; or
            (iii) age 65 or older, with incomes at or below
        200% of the Federal Poverty Level and not eligible for
        federally funded means-tested benefits due to
        immigration status.
        (B) Eligibility Group 2 shall consist of beneficiaries
    who are eligible for Medicare Part D coverage.
        (C) Eligibility Group 3 shall consist of beneficiaries
    age 65 or older, with incomes at or below 200% of the
    Federal Poverty Level, who are not barred from receiving
    federally funded means-tested benefits due to immigration
    status and are not eligible for Medicare Part D coverage.
        If the State applies and receives federal approval for
    a waiver under Title XIX of the Social Security Act,
    persons in Eligibility Group 3 shall continue to receive
    benefits through the approved waiver, and Eligibility
    Group 3 may be expanded to include persons with
    disabilities who are under age 65 with incomes under 200%
    of the Federal Poverty Level who are not eligible for
    Medicare and who are not barred from receiving federally
    funded means-tested benefits due to immigration status.
        (D) Eligibility Group 4 shall consist of beneficiaries
    who are otherwise described in Eligibility Group 2 who have
    a diagnosis of HIV or AIDS.
    The program established under this subsection shall cover
the cost of covered prescription drugs in excess of the
beneficiary cost-sharing amounts set forth in this paragraph
that are not covered by Medicare. The Department of Healthcare
and Family Services may establish by emergency rule changes in
cost-sharing necessary to conform the cost of the program to
the amounts appropriated for State fiscal year 2012 and future
fiscal years except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 of the Illinois Administrative Procedure Act
shall not apply to rules adopted under this subsection (g). The
adoption of emergency rules authorized by this subsection (g)
shall be deemed to be necessary for the public interest,
safety, and welfare.
    For purposes of the program established under this
subsection, the term "covered prescription drug" has the
following meanings:
        For Eligibility Group 1, "covered prescription drug"
    means: (1) any cardiovascular agent or drug; (2) any
    insulin or other prescription drug used in the treatment of
    diabetes, including syringe and needles used to administer
    the insulin; (3) any prescription drug used in the
    treatment of arthritis; (4) any prescription drug used in
    the treatment of cancer; (5) any prescription drug used in
    the treatment of Alzheimer's disease; (6) any prescription
    drug used in the treatment of Parkinson's disease; (7) any
    prescription drug used in the treatment of glaucoma; (8)
    any prescription drug used in the treatment of lung disease
    and smoking-related illnesses; (9) any prescription drug
    used in the treatment of osteoporosis; and (10) any
    prescription drug used in the treatment of multiple
    sclerosis. The Department may add additional therapeutic
    classes by rule. The Department may adopt a preferred drug
    list within any of the classes of drugs described in items
    (1) through (10) of this paragraph. The specific drugs or
    therapeutic classes of covered prescription drugs shall be
    indicated by rule.
        For Eligibility Group 2, "covered prescription drug"
    means those drugs covered by the Medicare Part D
    Prescription Drug Plan in which the beneficiary is
    enrolled.
        For Eligibility Group 3, "covered prescription drug"
    means those drugs covered by the Medical Assistance Program
    under Article V of the Illinois Public Aid Code.
        For Eligibility Group 4, "covered prescription drug"
    means those drugs covered by the Medicare Part D
    Prescription Drug Plan in which the beneficiary is
    enrolled.
    Any person otherwise eligible for pharmaceutical
assistance under this subsection whose covered drugs are
covered by any public program is ineligible for assistance
under this subsection to the extent that the cost of those
drugs is covered by the other program.
    The Department of Healthcare and Family Services shall
establish by rule the methods by which it will provide for the
coverage called for in this subsection. Those methods may
include direct reimbursement to pharmacies or the payment of a
capitated amount to Medicare Part D Prescription Drug Plans.
    For a pharmacy to be reimbursed under the program
established under this subsection, it must comply with rules
adopted by the Department of Healthcare and Family Services
regarding coordination of benefits with Medicare Part D
Prescription Drug Plans. A pharmacy may not charge a
Medicare-enrolled beneficiary of the program established under
this subsection more for a covered prescription drug than the
appropriate Medicare cost-sharing less any payment from or on
behalf of the Department of Healthcare and Family Services.
    The Department of Healthcare and Family Services or the
Department on Aging, as appropriate, may adopt rules regarding
applications, counting of income, proof of Medicare status,
mandatory generic policies, and pharmacy reimbursement rates
and any other rules necessary for the cost-efficient operation
of the program established under this subsection.
    (h) A qualified individual is not entitled to duplicate
benefits in a coverage period as a result of the changes made
by this amendatory Act of the 96th General Assembly.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    Section 5-95. The Early Intervention Services System Act is
amended by changing Section 3 and by adding Section 3a as
follows:
 
    (325 ILCS 20/3)  (from Ch. 23, par. 4153)
    Sec. 3. Definitions. As used in this Act:
    (a) "Eligible infants and toddlers" means infants and
toddlers under 36 months of age with any of the following
conditions:
        (1) Developmental delays.
        (2) A physical or mental condition which typically
    results in developmental delay.
        (3) Being at risk of having substantial developmental
    delays based on informed clinical opinion.
        (4) Either (A) having entered the program under any of
    the circumstances listed in paragraphs (1) through (3) of
    this subsection but no longer meeting the current
    eligibility criteria under those paragraphs, and
    continuing to have any measurable delay, or (B) not having
    attained a level of development in each area, including (i)
    cognitive, (ii) physical (including vision and hearing),
    (iii) language, speech, and communication, (iv) social or
    emotional, or (v) adaptive, that is at least at the mean of
    the child's age equivalent peers; and, in addition to
    either item (A) or item (B), (C) having been determined by
    the multidisciplinary individualized family service plan
    team to require the continuation of early intervention
    services in order to support continuing developmental
    progress, pursuant to the child's needs and provided in an
    appropriate developmental manner. The type, frequency, and
    intensity of services shall differ from the initial
    individualized family services plan because of the child's
    developmental progress, and may consist of only service
    coordination, evaluation, and assessments.
    (b) "Developmental delay" means a delay in one or more of
the following areas of childhood development as measured by
appropriate diagnostic instruments and standard procedures:
cognitive; physical, including vision and hearing; language,
speech and communication; social or emotional; or adaptive. The
term means a delay of 30% or more below the mean in function in
one or more of those areas.
    (c) "Physical or mental condition which typically results
in developmental delay" means:
        (1) a diagnosed medical disorder or exposure to a toxic
    substance bearing a relatively well known expectancy for
    developmental outcomes within varying ranges of
    developmental disabilities; or
        (2) a history of prenatal, perinatal, neonatal or early
    developmental events suggestive of biological insults to
    the developing central nervous system and which either
    singly or collectively increase the probability of
    developing a disability or delay based on a medical
    history.
    (d) "Informed clinical opinion" means both clinical
observations and parental participation to determine
eligibility by a consensus of a multidisciplinary team of 2 or
more members based on their professional experience and
expertise.
    (e) "Early intervention services" means services which:
        (1) are designed to meet the developmental needs of
    each child eligible under this Act and the needs of his or
    her family;
        (2) are selected in collaboration with the child's
    family;
        (3) are provided under public supervision;
        (4) are provided at no cost except where a schedule of
    sliding scale fees or other system of payments by families
    has been adopted in accordance with State and federal law;
        (5) are designed to meet an infant's or toddler's
    developmental needs in any of the following areas:
            (A) physical development, including vision and
        hearing,
            (B) cognitive development,
            (C) communication development,
            (D) social or emotional development, or
            (E) adaptive development;
        (6) meet the standards of the State, including the
    requirements of this Act;
        (7) include one or more of the following:
            (A) family training,
            (B) social work services, including counseling,
        and home visits,
            (C) special instruction,
            (D) speech, language pathology and audiology,
            (E) occupational therapy,
            (F) physical therapy,
            (G) psychological services,
            (H) service coordination services,
            (I) medical services only for diagnostic or
        evaluation purposes,
            (J) early identification, screening, and
        assessment services,
            (K) health services specified by the lead agency as
        necessary to enable the infant or toddler to benefit
        from the other early intervention services,
            (L) vision services,
            (M) transportation,
            (N) assistive technology devices and services,
            (O) nursing services,
            (P) nutrition services, and
            (Q) sign language and cued language services;
        (8) are provided by qualified personnel, including but
    not limited to:
            (A) child development specialists or special
        educators, including teachers of children with hearing
        impairments (including deafness) and teachers of
        children with vision impairments (including
        blindness),
            (B) speech and language pathologists and
        audiologists,
            (C) occupational therapists,
            (D) physical therapists,
            (E) social workers,
            (F) nurses,
            (G) dietitian nutritionists,
            (H) vision specialists, including ophthalmologists
        and optometrists,
            (I) psychologists, and
            (J) physicians;
        (9) are provided in conformity with an Individualized
    Family Service Plan;
        (10) are provided throughout the year; and
        (11) are provided in natural environments, to the
    maximum extent appropriate, which may include the home and
    community settings, unless justification is provided
    consistent with federal regulations adopted under Sections
    1431 through 1444 of Title 20 of the United States Code.
    (f) "Individualized Family Service Plan" or "Plan" means a
written plan for providing early intervention services to a
child eligible under this Act and the child's family, as set
forth in Section 11.
    (g) "Local interagency agreement" means an agreement
entered into by local community and State and regional agencies
receiving early intervention funds directly from the State and
made in accordance with State interagency agreements providing
for the delivery of early intervention services within a local
community area.
    (h) "Council" means the Illinois Interagency Council on
Early Intervention established under Section 4.
    (i) "Lead agency" means the State agency responsible for
administering this Act and receiving and disbursing public
funds received in accordance with State and federal law and
rules.
    (i-5) "Central billing office" means the central billing
office created by the lead agency under Section 13.
    (j) "Child find" means a service which identifies eligible
infants and toddlers.
    (k) "Regional intake entity" means the lead agency's
designated entity responsible for implementation of the Early
Intervention Services System within its designated geographic
area.
    (l) "Early intervention provider" means an individual who
is qualified, as defined by the lead agency, to provide one or
more types of early intervention services, and who has enrolled
as a provider in the early intervention program.
    (m) "Fully credentialed early intervention provider" means
an individual who has met the standards in the State applicable
to the relevant profession, and has met such other
qualifications as the lead agency has determined are suitable
for personnel providing early intervention services, including
pediatric experience, education, and continuing education. The
lead agency shall establish these qualifications by rule filed
no later than 180 days after the effective date of this
amendatory Act of the 92nd General Assembly.
(Source: P.A. 97-902, eff. 8-6-12; 98-41, eff. 6-28-13.)
 
    (325 ILCS 20/3a new)
    Sec. 3a. Lead poisoning. No later than 180 days after the
effective date of this amendatory Act of the 101st General
Assembly, the lead agency shall adopt rules to update 89 Ill.
Adm. Code 500.Appendix E by: (i) expanding the list of Medical
Conditions Resulting in High Probability of Developmental
Delay to include lead poisoning as a medical condition approved
by the lead agency for the purposes of this Act; and (ii)
defining "confirmed blood lead level" and "elevated blood lead
level" or "EBL" to have the same meanings ascribed to those
terms by the Department of Public Health in 77 Ill. Adm. Code
845.20.
 
    Section 5-100. The Environmental Protection Act is amended
by changing Sections 22.15, 55.6, and 57.11 as follows:
 
    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
    Sec. 22.15. Solid Waste Management Fund; fees.
    (a) There is hereby created within the State Treasury a
special fund to be known as the "Solid Waste Management Fund",
to be constituted from the fees collected by the State pursuant
to this Section, from repayments of loans made from the Fund
for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act, and from
amounts transferred into the Fund pursuant to Public Act
100-433. Moneys received by the Department of Commerce and
Economic Opportunity in repayment of loans made pursuant to the
Illinois Solid Waste Management Act shall be deposited into the
General Revenue Fund.
    (b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency to
dispose of solid waste if the sanitary landfill is located off
the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection. Beginning on July 1, 2018, and on the
first day of each month thereafter during fiscal years year
2019 and 2020, the State Comptroller shall direct and State
Treasurer shall transfer an amount equal to 1/12 of $5,000,000
per fiscal year from the Solid Waste Management Fund to the
General Revenue Fund.
        (1) If more than 150,000 cubic yards of non-hazardous
    solid waste is permanently disposed of at a site in a
    calendar year, the owner or operator shall either pay a fee
    of 95 cents per cubic yard or, alternatively, the owner or
    operator may weigh the quantity of the solid waste
    permanently disposed of with a device for which
    certification has been obtained under the Weights and
    Measures Act and pay a fee of $2.00 per ton of solid waste
    permanently disposed of. In no case shall the fee collected
    or paid by the owner or operator under this paragraph
    exceed $1.55 per cubic yard or $3.27 per ton.
        (2) If more than 100,000 cubic yards but not more than
    150,000 cubic yards of non-hazardous waste is permanently
    disposed of at a site in a calendar year, the owner or
    operator shall pay a fee of $52,630.
        (3) If more than 50,000 cubic yards but not more than
    100,000 cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $23,790.
        (4) If more than 10,000 cubic yards but not more than
    50,000 cubic yards of non-hazardous solid waste is
    permanently disposed of at a site in a calendar year, the
    owner or operator shall pay a fee of $7,260.
        (5) If not more than 10,000 cubic yards of
    non-hazardous solid waste is permanently disposed of at a
    site in a calendar year, the owner or operator shall pay a
    fee of $1050.
    (c) (Blank).
    (d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
        (1) necessary records identifying the quantities of
    solid waste received or disposed;
        (2) the form and submission of reports to accompany the
    payment of fees to the Agency;
        (3) the time and manner of payment of fees to the
    Agency, which payments shall not be more often than
    quarterly; and
        (4) procedures setting forth criteria establishing
    when an owner or operator may measure by weight or volume
    during any given quarter or other fee payment period.
    (e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency and the
Department of Commerce and Economic Opportunity for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee collection
and administration, and for the administration of (1) the
Consumer Electronics Recycling Act and (2) until January 1,
2020, the Electronic Products Recycling and Reuse Act.
    (f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its
duties under this Section and the Illinois Solid Waste
Management Act.
    (g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys transferred
under this subsection (g) shall be used only for the purposes
set forth in item (1) of subsection (d) of Section 22.2.
    (h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
    (i) The Agency is authorized to conduct household waste
collection and disposal programs.
    (j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge with
regard to the permanent disposal of solid waste. All fees,
taxes, and surcharges collected under this subsection shall be
utilized for solid waste management purposes, including
long-term monitoring and maintenance of landfills, planning,
implementation, inspection, enforcement and other activities
consistent with the Solid Waste Management Act and the Local
Solid Waste Disposal Act, or for any other environment-related
purpose, including but not limited to an environment-related
public works project, but not for the construction of a new
pollution control facility other than a household hazardous
waste facility. However, the total fee, tax or surcharge
imposed by all units of local government under this subsection
(j) upon the solid waste disposal facility shall not exceed:
        (1) 60 per cubic yard if more than 150,000 cubic yards
    of non-hazardous solid waste is permanently disposed of at
    the site in a calendar year, unless the owner or operator
    weighs the quantity of the solid waste received with a
    device for which certification has been obtained under the
    Weights and Measures Act, in which case the fee shall not
    exceed $1.27 per ton of solid waste permanently disposed
    of.
        (2) $33,350 if more than 100,000 cubic yards, but not
    more than 150,000 cubic yards, of non-hazardous waste is
    permanently disposed of at the site in a calendar year.
        (3) $15,500 if more than 50,000 cubic yards, but not
    more than 100,000 cubic yards, of non-hazardous solid waste
    is permanently disposed of at the site in a calendar year.
        (4) $4,650 if more than 10,000 cubic yards, but not
    more than 50,000 cubic yards, of non-hazardous solid waste
    is permanently disposed of at the site in a calendar year.
        (5) $650 if not more than 10,000 cubic yards of
    non-hazardous solid waste is permanently disposed of at the
    site in a calendar year.
    The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local ordinance.
    A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in the
removal of nonhazardous, nonfluid municipal waste that has been
dumped on public property in violation of a State law or local
ordinance.
    If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a written
delegation agreement within 60 days after the establishment of
such fees. At least annually, the Agency shall conduct an audit
of the expenditures made by units of local government from the
funds granted by the Agency to the units of local government
for purposes of local sanitary landfill inspection and
enforcement programs, to ensure that the funds have been
expended for the prescribed purposes under the grant.
    The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in
the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
    A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and distribute to the Agency,
in April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The report
will at a minimum include the following:
        (1) The total monies collected pursuant to this
    subsection.
        (2) The most current balance of monies collected
    pursuant to this subsection.
        (3) An itemized accounting of all monies expended for
    the previous year pursuant to this subsection.
        (4) An estimation of monies to be collected for the
    following 3 years pursuant to this subsection.
        (5) A narrative detailing the general direction and
    scope of future expenditures for one, 2 and 3 years.
    The exemptions granted under Sections 22.16 and 22.16a, and
under subsection (k) of this Section, shall be applicable to
any fee, tax or surcharge imposed under this subsection (j);
except that the fee, tax or surcharge authorized to be imposed
under this subsection (j) may be made applicable by a unit of
local government to the permanent disposal of solid waste after
December 31, 1986, under any contract lawfully executed before
June 1, 1986 under which more than 150,000 cubic yards (or
50,000 tons) of solid waste is to be permanently disposed of,
even though the waste is exempt from the fee imposed by the
State under subsection (b) of this Section pursuant to an
exemption granted under Section 22.16.
    (k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
        (1) waste which is hazardous waste;
        (2) waste which is pollution control waste;
        (3) waste from recycling, reclamation or reuse
    processes which have been approved by the Agency as being
    designed to remove any contaminant from wastes so as to
    render such wastes reusable, provided that the process
    renders at least 50% of the waste reusable;
        (4) non-hazardous solid waste that is received at a
    sanitary landfill and composted or recycled through a
    process permitted by the Agency; or
        (5) any landfill which is permitted by the Agency to
    receive only demolition or construction debris or
    landscape waste.
(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;
100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
8-14-18.)
 
    (415 ILCS 5/55.6)  (from Ch. 111 1/2, par. 1055.6)
    Sec. 55.6. Used Tire Management Fund.
    (a) There is hereby created in the State Treasury a special
fund to be known as the Used Tire Management Fund. There shall
be deposited into the Fund all monies received as (1) recovered
costs or proceeds from the sale of used tires under Section
55.3 of this Act, (2) repayment of loans from the Used Tire
Management Fund, or (3) penalties or punitive damages for
violations of this Title, except as provided by subdivision
(b)(4) or (b)(4-5) of Section 42.
    (b) Beginning January 1, 1992, in addition to any other
fees required by law, the owner or operator of each site
required to be registered or permitted under subsection (d) or
(d-5) of Section 55 shall pay to the Agency an annual fee of
$100. Fees collected under this subsection shall be deposited
into the Environmental Protection Permit and Inspection Fund.
    (c) Pursuant to appropriation, moneys monies up to an
amount of $4 million per fiscal year from the Used Tire
Management Fund shall be allocated as follows:
        (1) 38% shall be available to the Agency for the
    following purposes, provided that priority shall be given
    to item (i):
            (i) To undertake preventive, corrective or removal
        action as authorized by and in accordance with Section
        55.3, and to recover costs in accordance with Section
        55.3.
            (ii) For the performance of inspection and
        enforcement activities for used and waste tire sites.
            (iii) (Blank).
            (iv) To provide financial assistance to units of
        local government for the performance of inspecting,
        investigating and enforcement activities pursuant to
        subsection (r) of Section 4 at used and waste tire
        sites.
            (v) To provide financial assistance for used and
        waste tire collection projects sponsored by local
        government or not-for-profit corporations.
            (vi) For the costs of fee collection and
        administration relating to used and waste tires, and to
        accomplish such other purposes as are authorized by
        this Act and regulations thereunder.
            (vii) To provide financial assistance to units of
        local government and private industry for the purposes
        of:
                (A) assisting in the establishment of
            facilities and programs to collect, process, and
            utilize used and waste tires and tire-derived
            materials;
                (B) demonstrating the feasibility of
            innovative technologies as a means of collecting,
            storing, processing, and utilizing used and waste
            tires and tire-derived materials; and
                (C) applying demonstrated technologies as a
            means of collecting, storing, processing, and
            utilizing used and waste tires and tire-derived
            materials.
        (2) (Blank). For fiscal years beginning prior to July
    1, 2004, 23% shall be available to the Department of
    Commerce and Economic Opportunity for the following
    purposes, provided that priority shall be given to item
    (A):
            (A) To provide grants or loans for the purposes of:
                (i) assisting units of local government and
            private industry in the establishment of
            facilities and programs to collect, process and
            utilize used and waste tires and tire derived
            materials;
                (ii) demonstrating the feasibility of
            innovative technologies as a means of collecting,
            storing, processing and utilizing used and waste
            tires and tire derived materials; and
                (iii) applying demonstrated technologies as a
            means of collecting, storing, processing, and
            utilizing used and waste tires and tire derived
            materials.
            (B) To develop educational material for use by
        officials and the public to better understand and
        respond to the problems posed by used tires and
        associated insects.
            (C) (Blank).
            (D) To perform such research as the Director deems
        appropriate to help meet the purposes of this Act.
            (E) To pay the costs of administration of its
        activities authorized under this Act.
        (2.1) For the fiscal year beginning July 1, 2004 and
    for all fiscal years thereafter, 23% shall be deposited
    into the General Revenue Fund. For fiscal years year 2019
    and 2020 only, such transfers are at the direction of the
    Department of Revenue, and shall be made within 30 days
    after the end of each quarter.
        (3) 25% shall be available to the Illinois Department
    of Public Health for the following purposes:
            (A) To investigate threats or potential threats to
        the public health related to mosquitoes and other
        vectors of disease associated with the improper
        storage, handling and disposal of tires, improper
        waste disposal, or natural conditions.
            (B) To conduct surveillance and monitoring
        activities for mosquitoes and other arthropod vectors
        of disease, and surveillance of animals which provide a
        reservoir for disease-producing organisms.
            (C) To conduct training activities to promote
        vector control programs and integrated pest management
        as defined in the Vector Control Act.
            (D) To respond to inquiries, investigate
        complaints, conduct evaluations and provide technical
        consultation to help reduce or eliminate public health
        hazards and nuisance conditions associated with
        mosquitoes and other vectors.
            (E) To provide financial assistance to units of
        local government for training, investigation and
        response to public nuisances associated with
        mosquitoes and other vectors of disease.
        (4) 2% shall be available to the Department of
    Agriculture for its activities under the Illinois
    Pesticide Act relating to used and waste tires.
        (5) 2% shall be available to the Pollution Control
    Board for administration of its activities relating to used
    and waste tires.
        (6) 10% shall be available to the University of
    Illinois for the Prairie Research Institute to perform
    research to study the biology, distribution, population
    ecology, and biosystematics of tire-breeding arthropods,
    especially mosquitoes, and the diseases they spread.
    (d) By January 1, 1998, and biennially thereafter, each
State agency receiving an appropriation from the Used Tire
Management Fund shall report to the Governor and the General
Assembly on its activities relating to the Fund.
    (e) Any monies appropriated from the Used Tire Management
Fund, but not obligated, shall revert to the Fund.
    (f) In administering the provisions of subdivisions (1),
(2) and (3) of subsection (c) of this Section, the Agency, the
Department of Commerce and Economic Opportunity, and the
Illinois Department of Public Health shall ensure that
appropriate funding assistance is provided to any municipality
with a population over 1,000,000 or to any sanitary district
which serves a population over 1,000,000.
    (g) Pursuant to appropriation, monies in excess of $4
million per fiscal year from the Used Tire Management Fund
shall be used as follows:
        (1) 55% shall be available to the Agency for the
    following purposes, provided that priority shall be given
    to subparagraph (A):
            (A) To undertake preventive, corrective or renewed
        action as authorized by and in accordance with Section
        55.3 and to recover costs in accordance with Section
        55.3.
            (B) To provide financial assistance to units of
        local government and private industry for the purposes
        of:
                (i) assisting in the establishment of
            facilities and programs to collect, process, and
            utilize used and waste tires and tire-derived
            materials;
                (ii) demonstrating the feasibility of
            innovative technologies as a means of collecting,
            storing, processing, and utilizing used and waste
            tires and tire-derived materials; and
                (iii) applying demonstrated technologies as a
            means of collecting, storing, processing, and
            utilizing used and waste tires and tire-derived
            materials.
            (C) To provide grants to public universities for
        vector-related research, disease-related research, and
        for related laboratory-based equipment and field-based
        equipment.
        (2) (Blank). For fiscal years beginning prior to July
    1, 2004, 45% shall be available to the Department of
    Commerce and Economic Opportunity to provide grants or
    loans for the purposes of:
            (i) assisting units of local government and
        private industry in the establishment of facilities
        and programs to collect, process and utilize waste
        tires and tire derived material;
            (ii) demonstrating the feasibility of innovative
        technologies as a means of collecting, storing,
        processing, and utilizing used and waste tires and tire
        derived materials; and
            (iii) applying demonstrated technologies as a
        means of collecting, storing, processing, and
        utilizing used and waste tires and tire derived
        materials.
        (3) For the fiscal year beginning July 1, 2004 and for
    all fiscal years thereafter, 45% shall be deposited into
    the General Revenue Fund. For fiscal years year 2019 and
    2020 only, such transfers are at the direction of the
    Department of Revenue, and shall be made within 30 days
    after the end of each quarter.
(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17;
100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
8-14-18.)
 
    (415 ILCS 5/57.11)
    Sec. 57.11. Underground Storage Tank Fund; creation.
    (a) There is hereby created in the State Treasury a special
fund to be known as the Underground Storage Tank Fund. There
shall be deposited into the Underground Storage Tank Fund all
moneys monies received by the Office of the State Fire Marshal
as fees for underground storage tanks under Sections 4 and 5 of
the Gasoline Storage Act, fees pursuant to the Motor Fuel Tax
Law, and beginning July 1, 2013, payments pursuant to the Use
Tax Act, the Service Use Tax Act, the Service Occupation Tax
Act, and the Retailers' Occupation Tax Act. All amounts held in
the Underground Storage Tank Fund shall be invested at interest
by the State Treasurer. All income earned from the investments
shall be deposited into the Underground Storage Tank Fund no
less frequently than quarterly. In addition to any other
transfers that may be provided for by law, beginning on July 1,
2018 and on the first day of each month thereafter during
fiscal years year 2019 and 2020 only, the State Comptroller
shall direct and the State Treasurer shall transfer an amount
equal to 1/12 of $10,000,000 from the Underground Storage Tank
Fund to the General Revenue Fund. Moneys in the Underground
Storage Tank Fund, pursuant to appropriation, may be used by
the Agency and the Office of the State Fire Marshal for the
following purposes:
        (1) To take action authorized under Section 57.12 to
    recover costs under Section 57.12.
        (2) To assist in the reduction and mitigation of damage
    caused by leaks from underground storage tanks, including
    but not limited to, providing alternative water supplies to
    persons whose drinking water has become contaminated as a
    result of those leaks.
        (3) To be used as a matching amount towards federal
    assistance relative to the release of petroleum from
    underground storage tanks.
        (4) For the costs of administering activities of the
    Agency and the Office of the State Fire Marshal relative to
    the Underground Storage Tank Fund.
        (5) For payment of costs of corrective action incurred
    by and indemnification to operators of underground storage
    tanks as provided in this Title.
        (6) For a total of 2 demonstration projects in amounts
    in excess of a $10,000 deductible charge designed to assess
    the viability of corrective action projects at sites which
    have experienced contamination from petroleum releases.
    Such demonstration projects shall be conducted in
    accordance with the provision of this Title.
        (7) Subject to appropriation, moneys in the
    Underground Storage Tank Fund may also be used by the
    Department of Revenue for the costs of administering its
    activities relative to the Fund and for refunds provided
    for in Section 13a.8 of the Motor Fuel Tax Act.
    (b) Moneys in the Underground Storage Tank Fund may,
pursuant to appropriation, be used by the Office of the State
Fire Marshal or the Agency to take whatever emergency action is
necessary or appropriate to assure that the public health or
safety is not threatened whenever there is a release or
substantial threat of a release of petroleum from an
underground storage tank and for the costs of administering its
activities relative to the Underground Storage Tank Fund.
    (c) Beginning July 1, 1993, the Governor shall certify to
the State Comptroller and State Treasurer the monthly amount
necessary to pay debt service on State obligations issued
pursuant to Section 6 of the General Obligation Bond Act. On
the last day of each month, the Comptroller shall order
transferred and the Treasurer shall transfer from the
Underground Storage Tank Fund to the General Obligation Bond
Retirement and Interest Fund the amount certified by the
Governor, plus any cumulative deficiency in those transfers for
prior months.
    (d) Except as provided in subsection (c) of this Section,
the Underground Storage Tank Fund is not subject to
administrative charges authorized under Section 8h of the State
Finance Act that would in any way transfer any funds from the
Underground Storage Tank Fund into any other fund of the State.
    (e) Each fiscal year, subject to appropriation, the Agency
may commit up to $10,000,000 of the moneys in the Underground
Storage Tank Fund to the payment of corrective action costs for
legacy sites that meet one or more of the following criteria as
a result of the underground storage tank release: (i) the
presence of free product, (ii) contamination within a regulated
recharge area, a wellhead protection area, or the setback zone
of a potable water supply well, (iii) contamination extending
beyond the boundaries of the site where the release occurred,
or (iv) such other criteria as may be adopted in Agency rules.
        (1) Fund moneys committed under this subsection (e)
    shall be held in the Fund for payment of the corrective
    action costs for which the moneys were committed.
        (2) The Agency may adopt rules governing the commitment
    of Fund moneys under this subsection (e).
        (3) This subsection (e) does not limit the use of Fund
    moneys at legacy sites as otherwise provided under this
    Title.
        (4) For the purposes of this subsection (e), the term
    "legacy site" means a site for which (i) an underground
    storage tank release was reported prior to January 1, 2005,
    (ii) the owner or operator has been determined eligible to
    receive payment from the Fund for corrective action costs,
    and (iii) the Agency did not receive any applications for
    payment prior to January 1, 2010.
    (f) Beginning July 1, 2013, if the amounts deposited into
the Fund from moneys received by the Office of the State Fire
Marshal as fees for underground storage tanks under Sections 4
and 5 of the Gasoline Storage Act and as fees pursuant to the
Motor Fuel Tax Law during a State fiscal year are sufficient to
pay all claims for payment by the fund received during that
State fiscal year, then the amount of any payments into the
fund pursuant to the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act during that State fiscal year shall be deposited as
follows: 75% thereof shall be paid into the State treasury and
25% shall be reserved in a special account and used only for
the transfer to the Common School Fund as part of the monthly
transfer from the General Revenue Fund in accordance with
Section 8a of the State Finance Act.
(Source: P.A. 100-587, eff. 6-4-18.)
 
ARTICLE 10. RETIREMENT CONTRIBUTIONS

 
    Section 10-5. The State Finance Act is amended by changing
Sections 8.12 and 14.1 as follows:
 
    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
    Sec. 8.12. State Pensions Fund.
    (a) The moneys in the State Pensions Fund shall be used
exclusively for the administration of the Revised Uniform
Unclaimed Property Act and for the expenses incurred by the
Auditor General for administering the provisions of Section
2-8.1 of the Illinois State Auditing Act and for operational
expenses of the Office of the State Treasurer and for the
funding of the unfunded liabilities of the designated
retirement systems. Beginning in State fiscal year 2021 2020,
payments to the designated retirement systems under this
Section shall be in addition to, and not in lieu of, any State
contributions required under the Illinois Pension Code.
    "Designated retirement systems" means:
        (1) the State Employees' Retirement System of
    Illinois;
        (2) the Teachers' Retirement System of the State of
    Illinois;
        (3) the State Universities Retirement System;
        (4) the Judges Retirement System of Illinois; and
        (5) the General Assembly Retirement System.
    (b) Each year the General Assembly may make appropriations
from the State Pensions Fund for the administration of the
Revised Uniform Unclaimed Property Act.
    (c) As soon as possible after July 30, 2004 (the effective
date of Public Act 93-839), the General Assembly shall
appropriate from the State Pensions Fund (1) to the State
Universities Retirement System the amount certified under
Section 15-165 during the prior year, (2) to the Judges
Retirement System of Illinois the amount certified under
Section 18-140 during the prior year, and (3) to the General
Assembly Retirement System the amount certified under Section
2-134 during the prior year as part of the required State
contributions to each of those designated retirement systems;
except that amounts appropriated under this subsection (c) in
State fiscal year 2005 shall not reduce the amount in the State
Pensions Fund below $5,000,000. If the amount in the State
Pensions Fund does not exceed the sum of the amounts certified
in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
the amount paid to each designated retirement system under this
subsection shall be reduced in proportion to the amount
certified by each of those designated retirement systems.
    (c-5) For fiscal years 2006 through 2020 2019, the General
Assembly shall appropriate from the State Pensions Fund to the
State Universities Retirement System the amount estimated to be
available during the fiscal year in the State Pensions Fund;
provided, however, that the amounts appropriated under this
subsection (c-5) shall not reduce the amount in the State
Pensions Fund below $5,000,000.
    (c-6) For fiscal year 2021 2020 and each fiscal year
thereafter, as soon as may be practical after any money is
deposited into the State Pensions Fund from the Unclaimed
Property Trust Fund, the State Treasurer shall apportion the
deposited amount among the designated retirement systems as
defined in subsection (a) to reduce their actuarial reserve
deficiencies. The State Comptroller and State Treasurer shall
pay the apportioned amounts to the designated retirement
systems to fund the unfunded liabilities of the designated
retirement systems. The amount apportioned to each designated
retirement system shall constitute a portion of the amount
estimated to be available for appropriation from the State
Pensions Fund that is the same as that retirement system's
portion of the total actual reserve deficiency of the systems,
as determined annually by the Governor's Office of Management
and Budget at the request of the State Treasurer. The amounts
apportioned under this subsection shall not reduce the amount
in the State Pensions Fund below $5,000,000.
    (d) The Governor's Office of Management and Budget shall
determine the individual and total reserve deficiencies of the
designated retirement systems. For this purpose, the
Governor's Office of Management and Budget shall utilize the
latest available audit and actuarial reports of each of the
retirement systems and the relevant reports and statistics of
the Public Employee Pension Fund Division of the Department of
Insurance.
    (d-1) (Blank). As soon as practicable after March 5, 2004
(the effective date of Public Act 93-665), the Comptroller
shall direct and the Treasurer shall transfer from the State
Pensions Fund to the General Revenue Fund, as funds become
available, a sum equal to the amounts that would have been paid
from the State Pensions Fund to the Teachers' Retirement System
of the State of Illinois, the State Universities Retirement
System, the Judges Retirement System of Illinois, the General
Assembly Retirement System, and the State Employees'
Retirement System of Illinois after March 5, 2004 (the
effective date of Public Act 93-665) during the remainder of
fiscal year 2004 to the designated retirement systems from the
appropriations provided for in this Section if the transfers
provided in Section 6z-61 had not occurred. The transfers
described in this subsection (d-1) are to partially repay the
General Revenue Fund for the costs associated with the bonds
used to fund the moneys transferred to the designated
retirement systems under Section 6z-61.
    (e) The changes to this Section made by Public Act 88-593
shall first apply to distributions from the Fund for State
fiscal year 1996.
(Source: P.A. 99-8, eff. 7-9-15; 99-78, eff. 7-20-15; 99-523,
eff. 6-30-16; 100-22, eff. 1-1-18; 100-23, eff. 7-6-17;
100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
 
    (30 ILCS 105/14.1)   (from Ch. 127, par. 150.1)
    Sec. 14.1. Appropriations for State contributions to the
State Employees' Retirement System; payroll requirements.
    (a) Appropriations for State contributions to the State
Employees' Retirement System of Illinois shall be expended in
the manner provided in this Section. Except as otherwise
provided in subsection subsections (a-1), (a-2), (a-3), and
(a-4) at the time of each payment of salary to an employee
under the personal services line item, payment shall be made to
the State Employees' Retirement System, from the amount
appropriated for State contributions to the State Employees'
Retirement System, of an amount calculated at the rate
certified for the applicable fiscal year by the Board of
Trustees of the State Employees' Retirement System under
Section 14-135.08 of the Illinois Pension Code. If a line item
appropriation to an employer for this purpose is exhausted or
is unavailable due to any limitation on appropriations that may
apply, (including, but not limited to, limitations on
appropriations from the Road Fund under Section 8.3 of the
State Finance Act), the amounts shall be paid under the
continuing appropriation for this purpose contained in the
State Pension Funds Continuing Appropriation Act.
    (a-1) (Blank). Beginning on March 5, 2004 (the effective
date of Public Act 93-665) through the payment of the final
payroll from fiscal year 2004 appropriations, appropriations
for State contributions to the State Employees' Retirement
System of Illinois shall be expended in the manner provided in
this subsection (a-1). At the time of each payment of salary to
an employee under the personal services line item from a fund
other than the General Revenue Fund, payment shall be made for
deposit into the General Revenue Fund from the amount
appropriated for State contributions to the State Employees'
Retirement System of an amount calculated at the rate certified
for fiscal year 2004 by the Board of Trustees of the State
Employees' Retirement System under Section 14-135.08 of the
Illinois Pension Code. This payment shall be made to the extent
that a line item appropriation to an employer for this purpose
is available or unexhausted. No payment from appropriations for
State contributions shall be made in conjunction with payment
of salary to an employee under the personal services line item
from the General Revenue Fund.
    (a-2) (Blank). For fiscal year 2010 only, at the time of
each payment of salary to an employee under the personal
services line item from a fund other than the General Revenue
Fund, payment shall be made for deposit into the State
Employees' Retirement System of Illinois from the amount
appropriated for State contributions to the State Employees'
Retirement System of Illinois of an amount calculated at the
rate certified for fiscal year 2010 by the Board of Trustees of
the State Employees' Retirement System of Illinois under
Section 14-135.08 of the Illinois Pension Code. This payment
shall be made to the extent that a line item appropriation to
an employer for this purpose is available or unexhausted. For
fiscal year 2010 only, no payment from appropriations for State
contributions shall be made in conjunction with payment of
salary to an employee under the personal services line item
from the General Revenue Fund.
    (a-3) (Blank). For fiscal year 2011 only, at the time of
each payment of salary to an employee under the personal
services line item from a fund other than the General Revenue
Fund, payment shall be made for deposit into the State
Employees' Retirement System of Illinois from the amount
appropriated for State contributions to the State Employees'
Retirement System of Illinois of an amount calculated at the
rate certified for fiscal year 2011 by the Board of Trustees of
the State Employees' Retirement System of Illinois under
Section 14-135.08 of the Illinois Pension Code. This payment
shall be made to the extent that a line item appropriation to
an employer for this purpose is available or unexhausted. For
fiscal year 2011 only, no payment from appropriations for State
contributions shall be made in conjunction with payment of
salary to an employee under the personal services line item
from the General Revenue Fund.
    (a-4) In fiscal year years 2012 and each fiscal year
thereafter through 2019 only, at the time of each payment of
salary to an employee under the personal services line item
from a fund other than the General Revenue Fund, payment shall
be made for deposit into the State Employees' Retirement System
of Illinois from the amount appropriated for State
contributions to the State Employees' Retirement System of
Illinois of an amount calculated at the rate certified for the
applicable fiscal year by the Board of Trustees of the State
Employees' Retirement System of Illinois under Section
14-135.08 of the Illinois Pension Code. In fiscal year years
2012 and each fiscal year thereafter through 2019 only, no
payment from appropriations for State contributions shall be
made in conjunction with payment of salary to an employee under
the personal services line item from the General Revenue Fund.
    (b) Except during the period beginning on March 5, 2004
(the effective date of Public Act 93-665) and ending at the
time of the payment of the final payroll from fiscal year 2004
appropriations, the State Comptroller shall not approve for
payment any payroll voucher that (1) includes payments of
salary to eligible employees in the State Employees' Retirement
System of Illinois and (2) does not include the corresponding
payment of State contributions to that retirement system at the
full rate certified under Section 14-135.08 for that fiscal
year for eligible employees, unless the balance in the fund on
which the payroll voucher is drawn is insufficient to pay the
total payroll voucher, or unavailable due to any limitation on
appropriations that may apply, including, but not limited to,
</
limitations on appropriations from the Road Fund under Section
8.3 of the State Finance Act. If the State Comptroller approves
a payroll voucher under this Section for which the fund balance
is insufficient to pay the full amount of the required State
contribution to the State Employees' Retirement System, the
Comptroller shall promptly so notify the Retirement System.
    (b-1) (Blank). For fiscal year 2010 and fiscal year 2011
only, the State Comptroller shall not approve for payment any