Sen. Heather A. Steans

Filed: 5/30/2018

 

 


 

 


 
10000HB3342sam003LRB100 08528 JWD 41189 a

1
AMENDMENT TO HOUSE BILL 3342

2    AMENDMENT NO. ______. Amend House Bill 3342 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1. GENERAL PROVISIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6FY2019 Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9State budget.
 
10
ARTICLE 5. AMENDATORY PROVISIONS

 
11    Section 5-5. The Election Code is amended by adding Section
121A-55 as follows:
 

 

 

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1    (10 ILCS 5/1A-55 new)
2    Sec. 1A-55. Cyber security efforts. The State Board of
3Elections shall provide by rule, after at least 2 public
4hearings of the Board and in consultation with the election
5authorities, a Cyber Navigator Program to support the efforts
6of election authorities to defend against cyber breaches and
7detect and recover from cyber attacks. The rules shall include
8the Board's plan to allocate any resources received in
9accordance with the Help America Vote Act and provide that no
10less than half of any such funds received shall be allocated to
11the Cyber Navigator Program. The Cyber Navigator Program should
12be designed to provide equal support to all election
13authorities, with allowable modifications based on need. The
14remaining half of the Help America Vote Act funds shall be
15distributed as the State Board of Elections may determine, but
16no grants may be made to election authorities that do not
17participate in the Cyber Navigator Program.
 
18    Section 5-10. The Balanced Budget Note Act is amended by
19changing Section 5 as follows:
 
20    (25 ILCS 80/5)  (from Ch. 63, par. 42.93-5)
21    Sec. 5. Supplemental Appropriation Bill Defined. For
22purposes of this Act, "supplemental appropriation bill" means
23any appropriation bill that is (a) introduced or amended
24(including any changes to legislation by means of the

 

 

10000HB3342sam003- 3 -LRB100 08528 JWD 41189 a

1submission of a conference committee report) on or after July 1
2of a fiscal year and (b) proposes (as introduced or as amended
3as the case may be) to authorize, increase, decrease, or
4reallocate any general funds appropriation for that same fiscal
5year. The general funds consist of the General Revenue Fund,
6the Common School Fund, the General Revenue Common School
7Special Account Fund, and the Education Assistance Fund, the
8Fund for the Advancement of Education, the Commitment to Human
9Services Fund, and the Budget Stabilization Fund.
10(Source: P.A. 87-688.)
 
11    Section 5-15. The State Finance Act is amended by changing
12Sections 5.857 and 6z-100 as follows:
 
13    (30 ILCS 105/5.857)
14    (Section scheduled to be repealed on July 1, 2018)
15    Sec. 5.857. The Capital Development Board Revolving Fund.
16This Section is repealed July 1, 2019 2018.
17(Source: P.A. 99-78, eff. 7-20-15; 99-523, eff. 6-30-16;
18100-23, eff. 7-6-17.)
 
19    (30 ILCS 105/6z-100)
20    (Section scheduled to be repealed on July 1, 2018)
21    Sec. 6z-100. Capital Development Board Revolving Fund;
22payments into and use. All monies received by the Capital
23Development Board for publications or copies issued by the

 

 

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1Board, and all monies received for contract administration
2fees, charges, or reimbursements owing to the Board shall be
3deposited into a special fund known as the Capital Development
4Board Revolving Fund, which is hereby created in the State
5treasury. The monies in this Fund shall be used by the Capital
6Development Board, as appropriated, for expenditures for
7personal services, retirement, social security, contractual
8services, legal services, travel, commodities, printing,
9equipment, electronic data processing, or telecommunications.
10Unexpended moneys in the Fund shall not be transferred or
11allocated by the Comptroller or Treasurer to any other fund,
12nor shall the Governor authorize the transfer or allocation of
13those moneys to any other fund. This Section is repealed July
141, 2019 2018.
15(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
 
16    Section 5-20. The State Finance Act is amended by changing
17Sections 6z-27, 8g-1, and 13.2 as follows:
 
18    (30 ILCS 105/6z-27)
19    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
20transferred, appropriated and used only for the purposes
21authorized by, and subject to the limitations and conditions
22prescribed by, the State Auditing Act.
23    Within 30 days after the effective date of this amendatory
24Act of the 100th General Assembly, the State Comptroller shall

 

 

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1order transferred and the State Treasurer shall transfer from
2the following funds moneys in the specified amounts for deposit
3into the Audit Expense Fund:
4Agricultural Premium Fund..............................18,792
5Anna Veterans Home Fund.................................8,050
6Appraisal Administration Fund...........................4,373
7Attorney General Court Ordered and Voluntary Compliance
8    Payment Projects Fund..............................14,421
9Attorney General Whistleblower Reward and
10    Protection Fund.....................................9,220
11Bank and Trust Company Fund............................93,160
12Budget Stabilization Fund.............................131,491
13Care Provider Fund for Persons with a
14    Developmental Disability............................6,003
15CDLIS/AAMVAnet/NMVTIS Trust Fund........................2,495
16Cemetery Oversight Licensing and Disciplinary Fund......5,583
17Chicago State University Education Improvement Fund.....4,233
18Child Support Administrative Fund.......................2,299
19Commitment to Human Services Fund.....................122,475
20Common School Fund....................................433,663
21Community Association Manager Licensing and
22    Disciplinary Fund.....................................877
23Community Mental Health Medicaid Trust Fund.............9,897
24Credit Union Fund......................................22,441
25Cycle Rider Safety Training Fund........................1,084
26DCFS Children's Services Fund.........................241,473

 

 

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1Department of Business Services Special
2    Operations Fund.....................................5,493
3Department of Corrections Reimbursement
4    and Education Fund.................................18,389
5Department of Human Services Community Services Fund....5,399
6Design Professionals Administration and
7    Investigation Fund..................................5,378
8The Downstate Public Transportation Fund...............32,074
9Downstate Transit Improvement Fund......................1,251
10Dram Shop Fund............................................514
11Driver Services Administration Fund.......................897
12Drivers Education Fund..................................1,417
13Drug Rebate Fund.......................................21,941
14Drug Treatment Fund.......................................527
15The Education Assistance Fund.......................1,230,281
16Electronic Health Record Incentive Fund...................657
17Energy Efficiency Portfolio Standards Fund............126,046
18Facilities Management Revolving Fund...................15,360
19Fair and Exposition Fund..................................911
20Federal High Speed Rail Trust Fund.....................59,579
21Federal Workforce Training Fund.......................152,617
22Feed Control Fund.......................................1,584
23Fertilizer Control Fund.................................1,369
24The Fire Prevention Fund................................3,183
25Fund for the Advancement of Education.................130,528
26General Professions Dedicated Fund.....................19,678

 

 

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1The General Revenue Fund...........................17,653,153
2Grade Crossing Protection Fund..........................2,379
3Health and Human Services Medicaid Trust Fund...........3,852
4Healthcare Provider Relief Fund........................71,263
5Horse Racing Fund.....................................215,160
6Hospital Provider Fund.................................44,230
7Illinois Affordable Housing Trust Fund..................5,478
8Illinois Capital Revolving Loan Fund....................1,067
9Illinois Charity Bureau Fund............................2,236
10Illinois Gaming Law Enforcement Fund....................1,395
11Illinois State Dental Disciplinary Fund.................5,128
12Illinois State Fair Fund................................7,297
13Illinois State Medical Disciplinary Fund...............21,473
14Illinois State Pharmacy Disciplinary Fund...............8,839
15Illinois Veterans Assistance Fund.......................3,863
16Illinois Veterans' Rehabilitation Fund....................634
17Illinois Workers' Compensation Commission
18    Operations Fund.....................................4,758
19IMSA Income Fund........................................6,823
20Income Tax Refund Fund................................176,034
21Insurance Financial Regulation Fund...................110,878
22Insurance Premium Tax Refund Fund......................16,534
23Insurance Producer Administration Fund................107,833
24Intermodal Facilities Promotion Fund....................1,011
25International Tourism Fund..............................6,566
26LaSalle Veterans Home Fund.............................36,259

 

 

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1LEADS Maintenance Fund..................................1,050
2Live and Learn Fund....................................10,805
3Lobbyist Registration Administration Fund.................521
4The Local Government Distributive Fund................113,119
5Local Tourism Fund.....................................19,098
6Long-Term Care Provider Fund............................6,761
7Manteno Veterans Home Fund.............................68,288
8Medical Interagency Program Fund..........................602
9Mental Health Fund......................................3,358
10Money Laundering Asset Recovery Fund....................1,115
11Monitoring Device Driving Permit
12    Administration Fee Fund...............................797
13Motor Carrier Safety Inspection Fund....................1,289
14The Motor Fuel Tax Fund...............................101,821
15Motor Vehicle License Plate Fund........................5,094
16Nursing Dedicated and Professional Fund................10,673
17Optometric Licensing and Disciplinary Board Fund........1,608
18Partners for Conservation Fund..........................8,973
19The Personal Property Tax Replacement Fund............119,343
20Pesticide Control Fund..................................5,826
21Professional Services Fund..............................1,569
22Professions Indirect Cost Fund........................176,535
23Public Pension Regulation Fund..........................9,236
24The Public Transportation Fund.........................91,397
25Quincy Veterans Home Fund..............................64,594
26Real Estate License Administration Fund................34,822

 

 

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1Regional Transportation Authority Occupation and
2    Use Tax Replacement Fund............................3,486
3Registered Certified Public Accountants' Administration
4     and Disciplinary Fund..............................3,423
5Rental Housing Support Program Fund.....................2,388
6Residential Finance Regulatory Fund....................17,742
7The Road Fund.........................................662,332
8Roadside Memorial Fund..................................1,170
9Savings Bank Regulatory Fund............................2,270
10School Infrastructure Fund.............................14,441
11Secretary of State DUI Administration Fund..............1,107
12Secretary of State Identification Security and Theft
13    Prevention Fund.....................................6,154
14Secretary of State Special License Plate Fund...........2,210
15Secretary of State Special Services Fund...............10,306
16Securities Audit and Enforcement Fund...................3,972
17Special Education Medicaid Matching Fund................2,346
18State and Local Sales Tax Reform Fund...................6,592
19State Asset Forfeiture Fund.............................1,239
20State Construction Account Fund.......................106,236
21State Crime Laboratory Fund.............................4,020
22State Gaming Fund.....................................200,367
23The State Garage Revolving Fund.........................5,521
24The State Lottery Fund................................215,561
25State Offender DNA Identification System Fund...........1,270
26State Pensions Fund...................................500,000

 

 

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1State Police DUI Fund...................................1,050
2State Police Firearm Services Fund......................4,116
3State Police Services Fund.............................11,485
4State Police Vehicle Fund...............................6,004
5State Police Whistleblower Reward
6    and Protection Fund.................................3,519
7Supplemental Low-Income Energy Assistance Fund.........74,279
8Tax Compliance and Administration Fund..................1,479
9Technology Management Revolving Fund..................204,090
10Tobacco Settlement Recovery Fund........................1,855
11Tourism Promotion Fund.................................40,541
12University of Illinois Hospital Services Fund...........1,924
13The Vehicle Inspection Fund.............................1,469
14Violent Crime Victims Assistance Fund..................13,911
15Weights and Measures Fund...............................5,660
16The Working Capital Revolving Fund.....................18,184
17Agricultural Premium Fund.............................182,124
18Assisted Living and Shared Housing Regulatory Fund......1,631
19Capital Development Board Revolving Fund................8,023
20Care Provider Fund for Persons with a
21    Developmental Disability...........................17,737
22Carolyn Adams Ticket for the Cure Grant Fund............1,080
23CDLIS/AAMVAnet/NMVTIS Trust Fund........................2,234
24Chicago State University Education Improvement Fund.....5,437
25Child Support Administrative Fund.......................5,110
26Common School Fund....................................312,638

 

 

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1Communications Revolving Fund..........................40,492
2Community Mental Health Medicaid Trust Fund............30,952
3Death Certificate Surcharge Fund........................2,243
4Death Penalty Abolition Fund............................8,367
5Department of Business Services Special Operations Fund.11,982
6Department of Human Services Community Services Fund....4,340
7Downstate Public Transportation Fund....................6,600
8Driver Services Administration Fund.....................2,644
9Drivers Education Fund....................................517
10Drug Rebate Fund.......................................17,541
11Drug Treatment Fund.....................................2,133
12Drunk & Drugged Driving Prevention Fund...................874
13Education Assistance Fund.............................894,514
14Electronic Health Record Incentive Fund.................1,155
15Emergency Public Health Fund............................9,025
16EMS Assistance Fund.....................................3,705
17Estate Tax Refund Fund..................................2,088
18Facilities Management Revolving Fund...................92,392
19Facility Licensing Fund.................................3,189
20Fair & Exposition Fund.................................13,059
21Federal High Speed Rail Trust Fund......................9,168
22Feed Control Fund......................................14,955
23Fertilizer Control Fund.................................9,404
24Fire Prevention Fund....................................4,146
25Food and Drug Safety Fund...............................1,101
26Fund for the Advancement of Education..................12,463

 

 

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1General Revenue Fund...............................17,653,153
2Grade Crossing Protection Fund............................965
3Hazardous Waste Research Fund.............................543
4Health Facility Plan Review Fund........................3,704
5Health and Human Services Medicaid Trust Fund..........16,996
6Healthcare Provider Relief Fund.......................147,619
7Home Care Services Agency Licensure Fund................3,285
8Hospital Provider Fund.................................76,973
9ICJIA Violence Prevention Fund..........................8,062
10Illinois Affordable Housing Trust Fund..................6,878
11Illinois Department of Agriculture Laboratory
12    Services Revolving Fund.............7,887
13Illinois Health Facilities Planning Fund................4,816
14IMSA Income Fund........................................6,876
15Illinois School Asbestos Abatement Fund.................2,058
16Illinois Standardbred Breeders Fund.....................1,381
17Illinois State Fair Fund...............................94,229
18Illinois Thoroughbred Breeders Fund.....................3,974
19Illinois Veterans' Rehabilitation Fund..................1,308
20Illinois Workers Compensation
21    Commission Operations Fund........................183,518
22Income Tax Refund Fund.................................36,095
23Lead Poisoning Screening, Prevention,
24    and Abatement Fund..................................3,311
25Live and Learn Fund....................................22,956
26Livestock Management Facilities Fund......................683

 

 

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1Lobbyist Registration Administration Fund...............1,057
2Local Government Distributive Fund.....................26,025
3Long Term Care
4    Monitor/Receiver Fund..............................63,014
5Long Term Care Provider Fund...........................15,082
6Mandatory Arbitration Fund..............................2,484
7Medical Interagency Program Fund........................1,343
8Mental Health Fund......................................9,176
9Metabolic Screening and Treatment Fund.................41,241
10Monitoring Device Driving Permit
11    Administration Fee Fund.............................1,403
12Motor Fuel Tax Fund....................................23,607
13Motor Vehicle License Plate Fund.......................15,200
14Motor Vehicle Theft
15    Prevention Trust Fund...............................4,803
16Multiple Sclerosis Research Fund........................5,380
17Nursing Dedicated and Professional Fund.................1,613
18Partners for Conservation Fund..........................8,620
19Personal Property Tax Replacement Fund.................23,828
20Pesticide Control Fund.................................83,517
21Pet Population Control Fund...............................526
22Plumbing Licensure and Program Fund.....................5,148
23Professional Services Fund..............................6,487
24Public Health Laboratory
25    Services Revolving Fund............................11,242
26Public Transportation Fund.............................16,112

 

 

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1Road Fund.............................................746,799
2Regional Transportation Authority Occupation
3    and Use Tax Replacement Fund...............563
4School Infrastructure Fund.............................17,532
5Secretary of State DUI Administration Fund..............2,336
6Secretary of State Identification Security
7    and Theft Prevention Fund..........................11,609
8Secretary of State Special License Plate Fund ..........4,561
9Secretary of State Special Services Fund...............24,693
10Securities Audit and Enforcement Fund...................9,137
11Special Education Medicaid Matching Fund................5,019
12State and Local Sales Tax Reform Fund...................1,380
13State Construction Account Fund........................27,323
14State Gaming Fund......................................79,018
15State Garage Revolving Fund............................15,516
16State Lottery Fund....................................348,448
17State Pensions Fund...................................500,000
18State Surplus Property Revolving Fund...................2,025
19State Treasurer's Bank Services Trust Fund................551
20Statistical Services Revolving Fund....................63,131
21Supreme Court Historic Preservation Fund...............33,226
22Tattoo and Body Piercing
23    Establishment Registration Fund.......................812
24Tobacco Settlement Recovery Fund.......................23,084
25Trauma Center Fund.....................................12,572
26University of Illinois Hospital Services Fund...........4,260

 

 

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1Vehicle Inspection Fund.................................3,266
2Weights and Measures Fund..............................72,488
3    Notwithstanding any provision of the law to the contrary,
4the General Assembly hereby authorizes the use of such funds
5for the purposes set forth in this Section.
6    These provisions do not apply to funds classified by the
7Comptroller as federal trust funds or State trust funds. The
8Audit Expense Fund may receive transfers from those trust funds
9only as directed herein, except where prohibited by the terms
10of the trust fund agreement. The Auditor General shall notify
11the trustees of those funds of the estimated cost of the audit
12to be incurred under the Illinois State Auditing Act for the
13fund. The trustees of those funds shall direct the State
14Comptroller and Treasurer to transfer the estimated amount to
15the Audit Expense Fund.
16    The Auditor General may bill entities that are not subject
17to the above transfer provisions, including private entities,
18related organizations and entities whose funds are
19locally-held, for the cost of audits, studies, and
20investigations incurred on their behalf. Any revenues received
21under this provision shall be deposited into the Audit Expense
22Fund.
23    In the event that moneys on deposit in any fund are
24unavailable, by reason of deficiency or any other reason
25preventing their lawful transfer, the State Comptroller shall
26order transferred and the State Treasurer shall transfer the

 

 

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1amount deficient or otherwise unavailable from the General
2Revenue Fund for deposit into the Audit Expense Fund.
3    On or before December 1, 1992, and each December 1
4thereafter, the Auditor General shall notify the Governor's
5Office of Management and Budget (formerly Bureau of the Budget)
6of the amount estimated to be necessary to pay for audits,
7studies, and investigations in accordance with the Illinois
8State Auditing Act during the next succeeding fiscal year for
9each State fund for which a transfer or reimbursement is
10anticipated.
11    Beginning with fiscal year 1994 and during each fiscal year
12thereafter, the Auditor General may direct the State
13Comptroller and Treasurer to transfer moneys from funds
14authorized by the General Assembly for that fund. In the event
15funds, including federal and State trust funds but excluding
16the General Revenue Fund, are transferred, during fiscal year
171994 and during each fiscal year thereafter, in excess of the
18amount to pay actual costs attributable to audits, studies, and
19investigations as permitted or required by the Illinois State
20Auditing Act or specific action of the General Assembly, the
21Auditor General shall, on September 30, or as soon thereafter
22as is practicable, direct the State Comptroller and Treasurer
23to transfer the excess amount back to the fund from which it
24was originally transferred.
25(Source: P.A. 99-38, eff. 7-14-15; 99-523, eff. 6-30-16;
26100-23, eff. 7-6-17.)
 

 

 

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1    (30 ILCS 105/8g-1)
2    Sec. 8g-1. Fund transfers.
3    (a) (Blank). In addition to any other transfers that may be
4provided for by law, on and after July 1, 2012 and until May 1,
52013, at the direction of and upon notification from the
6Governor, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts not exceeding a total of
8$80,000,000 from the General Revenue Fund to the Tobacco
9Settlement Recovery Fund. Any amounts so transferred shall be
10retransferred by the State Comptroller and the State Treasurer
11from the Tobacco Settlement Recovery Fund to the General
12Revenue Fund at the direction of and upon notification from the
13Governor, but in any event on or before June 30, 2013.
14    (b) (Blank). In addition to any other transfers that may be
15provided for by law, on and after July 1, 2013 and until May 1,
162014, at the direction of and upon notification from the
17Governor, the State Comptroller shall direct and the State
18Treasurer shall transfer amounts not exceeding a total of
19$80,000,000 from the General Revenue Fund to the Tobacco
20Settlement Recovery Fund. Any amounts so transferred shall be
21retransferred by the State Comptroller and the State Treasurer
22from the Tobacco Settlement Recovery Fund to the General
23Revenue Fund at the direction of and upon notification from the
24Governor, but in any event on or before June 30, 2014.
25    (c) (Blank). In addition to any other transfers that may be

 

 

10000HB3342sam003- 18 -LRB100 08528 JWD 41189 a

1provided for by law, on July 1, 2013, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $1,400,000 from the General
4Revenue Fund to the ICJIA Violence Prevention Fund.
5    (d) (Blank). In addition to any other transfers that may be
6provided for by law, on July 1, 2013, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $1,500,000 from the General
9Revenue Fund to the Illinois Veterans Assistance Fund.
10    (e) (Blank). In addition to any other transfers that may be
11provided for by law, on July 1, 2013, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $500,000 from the General
14Revenue Fund to the Senior Citizens Real Estate Deferred Tax
15Revolving Fund.
16    (f) (Blank). In addition to any other transfers that may be
17provided for by law, on July 1, 2013, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $4,000,000 from the General
20Revenue Fund to the Digital Divide Elimination Fund.
21    (g) (Blank). In addition to any other transfers that may be
22provided for by law, on July 1, 2013, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $5,000,000 from the General
25Revenue Fund to the Communications Revolving Fund.
26    (h) (Blank). In addition to any other transfers that may be

 

 

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1provided for by law, on July 1, 2013, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $9,800,000 from the General
4Revenue Fund to the Presidential Library and Museum Operating
5Fund.
6    (i) (Blank). In addition to any other transfers that may be
7provided for by law, on and after July 1, 2014 and until May 1,
82015, at the direction of and upon notification from the
9Governor, the State Comptroller shall direct and the State
10Treasurer shall transfer amounts not exceeding a total of
11$80,000,000 from the General Revenue Fund to the Tobacco
12Settlement Recovery Fund. Any amounts so transferred shall be
13retransferred by the State Comptroller and the State Treasurer
14from the Tobacco Settlement Recovery Fund to the General
15Revenue Fund at the direction of and upon notification from the
16Governor, but in any event on or before June 30, 2015.
17    (j) (Blank). In addition to any other transfers that may be
18provided for by law, on July 1, 2014, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $10,000,000 from the
21General Revenue Fund to the Presidential Library and Museum
22Operating Fund.
23    (k) In addition to any other transfers that may be provided
24for by law, on July 1, 2017, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $500,000 from the General

 

 

10000HB3342sam003- 20 -LRB100 08528 JWD 41189 a

1Revenue Fund to the Grant Accountability and Transparency Fund.
2    (l) In addition to any other transfers that may be provided
3for by law, on July 1, 2018, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $800,000 from the General
6Revenue Fund to the Grant Accountability and Transparency Fund.
7    (m) In addition to any other transfers that may be provided
8for by law, on July 1, 2018, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $650,000 from the Capital
11Development Board Contributory Trust Fund to the Facility
12Management Revolving Fund.
13    (m) In addition to any other transfers that may be provided
14for by law, on July 1, 2018, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $2,750,000 from the Capital
17Development Board Contributory Trust Fund to the U.S.
18Environmental Protection Fund.
19(Source: P.A. 100-23, eff. 7-6-17.)
 
20    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
21    Sec. 13.2. Transfers among line item appropriations.
22    (a) Transfers among line item appropriations from the same
23treasury fund for the objects specified in this Section may be
24made in the manner provided in this Section when the balance
25remaining in one or more such line item appropriations is

 

 

10000HB3342sam003- 21 -LRB100 08528 JWD 41189 a

1insufficient for the purpose for which the appropriation was
2made.
3    (a-1) No transfers may be made from one agency to another
4agency, nor may transfers be made from one institution of
5higher education to another institution of higher education
6except as provided by subsection (a-4).
7    (a-2) Except as otherwise provided in this Section,
8transfers may be made only among the objects of expenditure
9enumerated in this Section, except that no funds may be
10transferred from any appropriation for personal services, from
11any appropriation for State contributions to the State
12Employees' Retirement System, from any separate appropriation
13for employee retirement contributions paid by the employer, nor
14from any appropriation for State contribution for employee
15group insurance. During State fiscal year 2005, an agency may
16transfer amounts among its appropriations within the same
17treasury fund for personal services, employee retirement
18contributions paid by employer, and State Contributions to
19retirement systems; notwithstanding and in addition to the
20transfers authorized in subsection (c) of this Section, the
21fiscal year 2005 transfers authorized in this sentence may be
22made in an amount not to exceed 2% of the aggregate amount
23appropriated to an agency within the same treasury fund. During
24State fiscal year 2007, the Departments of Children and Family
25Services, Corrections, Human Services, and Juvenile Justice
26may transfer amounts among their respective appropriations

 

 

10000HB3342sam003- 22 -LRB100 08528 JWD 41189 a

1within the same treasury fund for personal services, employee
2retirement contributions paid by employer, and State
3contributions to retirement systems. During State fiscal year
42010, the Department of Transportation may transfer amounts
5among their respective appropriations within the same treasury
6fund for personal services, employee retirement contributions
7paid by employer, and State contributions to retirement
8systems. During State fiscal years 2010 and 2014 only, an
9agency may transfer amounts among its respective
10appropriations within the same treasury fund for personal
11services, employee retirement contributions paid by employer,
12and State contributions to retirement systems.
13Notwithstanding, and in addition to, the transfers authorized
14in subsection (c) of this Section, these transfers may be made
15in an amount not to exceed 2% of the aggregate amount
16appropriated to an agency within the same treasury fund.
17    (a-2.5) During State fiscal year 2015 only, the State's
18Attorneys Appellate Prosecutor may transfer amounts among its
19respective appropriations contained in operational line items
20within the same treasury fund. Notwithstanding, and in addition
21to, the transfers authorized in subsection (c) of this Section,
22these transfers may be made in an amount not to exceed 4% of
23the aggregate amount appropriated to the State's Attorneys
24Appellate Prosecutor within the same treasury fund.
25    (a-3) Further, if an agency receives a separate
26appropriation for employee retirement contributions paid by

 

 

10000HB3342sam003- 23 -LRB100 08528 JWD 41189 a

1the employer, any transfer by that agency into an appropriation
2for personal services must be accompanied by a corresponding
3transfer into the appropriation for employee retirement
4contributions paid by the employer, in an amount sufficient to
5meet the employer share of the employee contributions required
6to be remitted to the retirement system.
7    (a-4) Long-Term Care Rebalancing. The Governor may
8designate amounts set aside for institutional services
9appropriated from the General Revenue Fund or any other State
10fund that receives monies for long-term care services to be
11transferred to all State agencies responsible for the
12administration of community-based long-term care programs,
13including, but not limited to, community-based long-term care
14programs administered by the Department of Healthcare and
15Family Services, the Department of Human Services, and the
16Department on Aging, provided that the Director of Healthcare
17and Family Services first certifies that the amounts being
18transferred are necessary for the purpose of assisting persons
19in or at risk of being in institutional care to transition to
20community-based settings, including the financial data needed
21to prove the need for the transfer of funds. The total amounts
22transferred shall not exceed 4% in total of the amounts
23appropriated from the General Revenue Fund or any other State
24fund that receives monies for long-term care services for each
25fiscal year. A notice of the fund transfer must be made to the
26General Assembly and posted at a minimum on the Department of

 

 

10000HB3342sam003- 24 -LRB100 08528 JWD 41189 a

1Healthcare and Family Services website, the Governor's Office
2of Management and Budget website, and any other website the
3Governor sees fit. These postings shall serve as notice to the
4General Assembly of the amounts to be transferred. Notice shall
5be given at least 30 days prior to transfer.
6    (b) In addition to the general transfer authority provided
7under subsection (c), the following agencies have the specific
8transfer authority granted in this subsection:
9    The Department of Healthcare and Family Services is
10authorized to make transfers representing savings attributable
11to not increasing grants due to the births of additional
12children from line items for payments of cash grants to line
13items for payments for employment and social services for the
14purposes outlined in subsection (f) of Section 4-2 of the
15Illinois Public Aid Code.
16    The Department of Children and Family Services is
17authorized to make transfers not exceeding 2% of the aggregate
18amount appropriated to it within the same treasury fund for the
19following line items among these same line items: Foster Home
20and Specialized Foster Care and Prevention, Institutions and
21Group Homes and Prevention, and Purchase of Adoption and
22Guardianship Services.
23    The Department on Aging is authorized to make transfers not
24exceeding 2% of the aggregate amount appropriated to it within
25the same treasury fund for the following Community Care Program
26line items among these same line items: purchase of services

 

 

10000HB3342sam003- 25 -LRB100 08528 JWD 41189 a

1covered by the Community Care Program and Comprehensive Case
2Coordination.
3    The State Treasurer is authorized to make transfers among
4line item appropriations from the Capital Litigation Trust
5Fund, with respect to costs incurred in fiscal years 2002 and
62003 only, when the balance remaining in one or more such line
7item appropriations is insufficient for the purpose for which
8the appropriation was made, provided that no such transfer may
9be made unless the amount transferred is no longer required for
10the purpose for which that appropriation was made.
11    The State Board of Education is authorized to make
12transfers from line item appropriations within the same
13treasury fund for General State Aid, General State Aid - Hold
14Harmless, and Evidence-Based Funding, provided that no such
15transfer may be made unless the amount transferred is no longer
16required for the purpose for which that appropriation was made,
17to the line item appropriation for Transitional Assistance when
18the balance remaining in such line item appropriation is
19insufficient for the purpose for which the appropriation was
20made.
21    The State Board of Education is authorized to make
22transfers between the following line item appropriations
23within the same treasury fund: Disabled Student
24Services/Materials (Section 14-13.01 of the School Code),
25Disabled Student Transportation Reimbursement (Section
2614-13.01 of the School Code), Disabled Student Tuition -

 

 

10000HB3342sam003- 26 -LRB100 08528 JWD 41189 a

1Private Tuition (Section 14-7.02 of the School Code),
2Extraordinary Special Education (Section 14-7.02b of the
3School Code), Reimbursement for Free Lunch/Breakfast Program,
4Summer School Payments (Section 18-4.3 of the School Code), and
5Transportation - Regular/Vocational Reimbursement (Section
629-5 of the School Code). Such transfers shall be made only
7when the balance remaining in one or more such line item
8appropriations is insufficient for the purpose for which the
9appropriation was made and provided that no such transfer may
10be made unless the amount transferred is no longer required for
11the purpose for which that appropriation was made.
12    The Department of Healthcare and Family Services is
13authorized to make transfers not exceeding 4% of the aggregate
14amount appropriated to it, within the same treasury fund, among
15the various line items appropriated for Medical Assistance.
16    (c) The sum of such transfers for an agency in a fiscal
17year shall not exceed 2% of the aggregate amount appropriated
18to it within the same treasury fund for the following objects:
19Personal Services; Extra Help; Student and Inmate
20Compensation; State Contributions to Retirement Systems; State
21Contributions to Social Security; State Contribution for
22Employee Group Insurance; Contractual Services; Travel;
23Commodities; Printing; Equipment; Electronic Data Processing;
24Operation of Automotive Equipment; Telecommunications
25Services; Travel and Allowance for Committed, Paroled and
26Discharged Prisoners; Library Books; Federal Matching Grants

 

 

10000HB3342sam003- 27 -LRB100 08528 JWD 41189 a

1for Student Loans; Refunds; Workers' Compensation,
2Occupational Disease, and Tort Claims; and, in appropriations
3to institutions of higher education, Awards and Grants.
4Notwithstanding the above, any amounts appropriated for
5payment of workers' compensation claims to an agency to which
6the authority to evaluate, administer and pay such claims has
7been delegated by the Department of Central Management Services
8may be transferred to any other expenditure object where such
9amounts exceed the amount necessary for the payment of such
10claims.
11    (c-1) Special provisions for State fiscal year 2003.
12Notwithstanding any other provision of this Section to the
13contrary, for State fiscal year 2003 only, transfers among line
14item appropriations to an agency from the same treasury fund
15may be made provided that the sum of such transfers for an
16agency in State fiscal year 2003 shall not exceed 3% of the
17aggregate amount appropriated to that State agency for State
18fiscal year 2003 for the following objects: personal services,
19except that no transfer may be approved which reduces the
20aggregate appropriations for personal services within an
21agency; extra help; student and inmate compensation; State
22contributions to retirement systems; State contributions to
23social security; State contributions for employee group
24insurance; contractual services; travel; commodities;
25printing; equipment; electronic data processing; operation of
26automotive equipment; telecommunications services; travel and

 

 

10000HB3342sam003- 28 -LRB100 08528 JWD 41189 a

1allowance for committed, paroled, and discharged prisoners;
2library books; federal matching grants for student loans;
3refunds; workers' compensation, occupational disease, and tort
4claims; and, in appropriations to institutions of higher
5education, awards and grants.
6    (c-2) Special provisions for State fiscal year 2005.
7Notwithstanding subsections (a), (a-2), and (c), for State
8fiscal year 2005 only, transfers may be made among any line
9item appropriations from the same or any other treasury fund
10for any objects or purposes, without limitation, when the
11balance remaining in one or more such line item appropriations
12is insufficient for the purpose for which the appropriation was
13made, provided that the sum of those transfers by a State
14agency shall not exceed 4% of the aggregate amount appropriated
15to that State agency for fiscal year 2005.
16    (c-3) Special provisions for State fiscal year 2015.
17Notwithstanding any other provision of this Section, for State
18fiscal year 2015, transfers among line item appropriations to a
19State agency from the same State treasury fund may be made for
20operational or lump sum expenses only, provided that the sum of
21such transfers for a State agency in State fiscal year 2015
22shall not exceed 4% of the aggregate amount appropriated to
23that State agency for operational or lump sum expenses for
24State fiscal year 2015. For the purpose of this subsection,
25"operational or lump sum expenses" includes the following
26objects: personal services; extra help; student and inmate

 

 

10000HB3342sam003- 29 -LRB100 08528 JWD 41189 a

1compensation; State contributions to retirement systems; State
2contributions to social security; State contributions for
3employee group insurance; contractual services; travel;
4commodities; printing; equipment; electronic data processing;
5operation of automotive equipment; telecommunications
6services; travel and allowance for committed, paroled, and
7discharged prisoners; library books; federal matching grants
8for student loans; refunds; workers' compensation,
9occupational disease, and tort claims; lump sum and other
10purposes; and lump sum operations. For the purpose of this
11subsection (c-3), "State agency" does not include the Attorney
12General, the Secretary of State, the Comptroller, the
13Treasurer, or the legislative or judicial branches.
14    (c-4) Special provisions for State fiscal year 2018.
15Notwithstanding any other provision of this Section, for State
16fiscal year 2018, transfers among line item appropriations to a
17State agency from the same State treasury fund may be made for
18operational or lump sum expenses only, provided that the sum of
19such transfers for a State agency in State fiscal year 2018
20shall not exceed 4% of the aggregate amount appropriated to
21that State agency for operational or lump sum expenses for
22State fiscal year 2018. For the purpose of this subsection
23(c-4), "operational or lump sum expenses" includes the
24following objects: personal services; extra help; student and
25inmate compensation; State contributions to retirement
26systems; State contributions to social security; State

 

 

10000HB3342sam003- 30 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 31 -LRB100 08528 JWD 41189 a

1data processing; operation of automotive equipment;
2telecommunications services; travel and allowance for
3committed, paroled, and discharged prisoners; library books;
4federal matching grants for student loans; refunds; workers'
5compensation, occupational disease, and tort claims; lump sum
6and other purposes; and lump sum operations. For the purpose of
7this subsection (c-5), "State agency" does not include the
8Attorney General, the Secretary of State, the Comptroller, the
9Treasurer, or the legislative or judicial branches.
10    (d) Transfers among appropriations made to agencies of the
11Legislative and Judicial departments and to the
12constitutionally elected officers in the Executive branch
13require the approval of the officer authorized in Section 10 of
14this Act to approve and certify vouchers. Transfers among
15appropriations made to the University of Illinois, Southern
16Illinois University, Chicago State University, Eastern
17Illinois University, Governors State University, Illinois
18State University, Northeastern Illinois University, Northern
19Illinois University, Western Illinois University, the Illinois
20Mathematics and Science Academy and the Board of Higher
21Education require the approval of the Board of Higher Education
22and the Governor. Transfers among appropriations to all other
23agencies require the approval of the Governor.
24    The officer responsible for approval shall certify that the
25transfer is necessary to carry out the programs and purposes
26for which the appropriations were made by the General Assembly

 

 

10000HB3342sam003- 32 -LRB100 08528 JWD 41189 a

1and shall transmit to the State Comptroller a certified copy of
2the approval which shall set forth the specific amounts
3transferred so that the Comptroller may change his records
4accordingly. The Comptroller shall furnish the Governor with
5information copies of all transfers approved for agencies of
6the Legislative and Judicial departments and transfers
7approved by the constitutionally elected officials of the
8Executive branch other than the Governor, showing the amounts
9transferred and indicating the dates such changes were entered
10on the Comptroller's records.
11    (e) The State Board of Education, in consultation with the
12State Comptroller, may transfer line item appropriations for
13General State Aid or Evidence-Based Funding between the Common
14School Fund and the Education Assistance Fund. With the advice
15and consent of the Governor's Office of Management and Budget,
16the State Board of Education, in consultation with the State
17Comptroller, may transfer line item appropriations between the
18General Revenue Fund and the Education Assistance Fund for the
19following programs:
20        (1) Disabled Student Personnel Reimbursement (Section
21    14-13.01 of the School Code);
22        (2) Disabled Student Transportation Reimbursement
23    (subsection (b) of Section 14-13.01 of the School Code);
24        (3) Disabled Student Tuition - Private Tuition
25    (Section 14-7.02 of the School Code);
26        (4) Extraordinary Special Education (Section 14-7.02b

 

 

10000HB3342sam003- 33 -LRB100 08528 JWD 41189 a

1    of the School Code);
2        (5) Reimbursement for Free Lunch/Breakfast Programs;
3        (6) Summer School Payments (Section 18-4.3 of the
4    School Code);
5        (7) Transportation - Regular/Vocational Reimbursement
6    (Section 29-5 of the School Code);
7        (8) Regular Education Reimbursement (Section 18-3 of
8    the School Code); and
9        (9) Special Education Reimbursement (Section 14-7.03
10    of the School Code).
11(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
12eff. 8-31-17; revised 10-4-17.)
 
13    Section 5-25. The State Revenue Sharing Act is amended by
14changing Section 12 and by adding Section 11.2 as follows:
 
15    (30 ILCS 115/11.2 new)
16    Sec. 11.2. Funding of certain school districts; fiscal year
172019.
18    (a) On July 1, 2018, or as soon as practical thereafter,
19the State Board of Education shall identify to the Department
20of Revenue school districts having Personal Property Tax
21Replacement Fund receipts totaling 13% or more of their total
22revenues in fiscal year 2017.
23    (b) In fiscal year 2019, any school district identified
24under subsection (a) shall receive, in addition to its annual

 

 

10000HB3342sam003- 34 -LRB100 08528 JWD 41189 a

1distributions from the Personal Property Tax Replacement Fund,
216% of the total amount distributed to the school district from
3the Personal Property Tax Replacement Fund during fiscal year
42017, provided that the total amount of additional
5distributions under this Section shall not exceed $4,300,000.
6    If the total additional distributions exceed $4,300,000,
7such distributions shall be calculated on a pro rata basis,
8based on the percentage of each district's total fiscal year
92017 revenues to the total fiscal year 2017 revenues of all
10districts qualifying for an additional distribution under this
11Section.
 
12    (30 ILCS 115/12)  (from Ch. 85, par. 616)
13    Sec. 12. Personal Property Tax Replacement Fund. There is
14hereby created the Personal Property Tax Replacement Fund, a
15special fund in the State Treasury into which shall be paid all
16revenue realized:
17    (a) all amounts realized from the additional personal
18property tax replacement income tax imposed by subsections (c)
19and (d) of Section 201 of the Illinois Income Tax Act, except
20for those amounts deposited into the Income Tax Refund Fund
21pursuant to subsection (c) of Section 901 of the Illinois
22Income Tax Act; and
23    (b) all amounts realized from the additional personal
24property replacement invested capital taxes imposed by Section
252a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue

 

 

10000HB3342sam003- 35 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 36 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 37 -LRB100 08528 JWD 41189 a

1warrants prior to the effective date of this amendatory Act of
21980 as refunds to taxpayers for overpayment of liability under
3those Acts.
4    All interest earned by monies accumulated in the Personal
5Property Tax Replacement Fund shall be deposited in such Fund.
6All amounts allocated pursuant to this Section are appropriated
7on a continuing basis.
8    Prior to December 31, 1980, as soon as may be after the end
9of each quarter beginning with the quarter ending December 31,
101979, and on and after December 31, 1980, as soon as may be
11after January 1, March 1, April 1, May 1, July 1, August 1,
12October 1 and December 1 of each year, the Department of
13Revenue shall allocate to each taxing district as defined in
14Section 1-150 of the Property Tax Code, in accordance with the
15provisions of paragraph (2) of this Section the portion of the
16funds held in the Personal Property Tax Replacement Fund which
17is required to be distributed, as provided in paragraph (1),
18for each quarter. Provided, however, under no circumstances
19shall any taxing district during each of the first two years of
20distribution of the taxes imposed by this amendatory Act of
211979 be entitled to an annual allocation which is less than the
22funds such taxing district collected from the 1978 personal
23property tax. Provided further that under no circumstances
24shall any taxing district during the third year of distribution
25of the taxes imposed by this amendatory Act of 1979 receive
26less than 60% of the funds such taxing district collected from

 

 

10000HB3342sam003- 38 -LRB100 08528 JWD 41189 a

1the 1978 personal property tax. In the event that the total of
2the allocations made as above provided for all taxing
3districts, during either of such 3 years, exceeds the amount
4available for distribution the allocation of each taxing
5district shall be proportionately reduced. Except as provided
6in Section 13 of this Act, the Department shall then certify,
7pursuant to appropriation, such allocations to the State
8Comptroller who shall pay over to the several taxing districts
9the respective amounts allocated to them.
10    Any township which receives an allocation based in whole or
11in part upon personal property taxes which it levied pursuant
12to Section 6-507 or 6-512 of the Illinois Highway Code and
13which was previously required to be paid over to a municipality
14shall immediately pay over to that municipality a proportionate
15share of the personal property replacement funds which such
16township receives.
17    Any municipality or township, other than a municipality
18with a population in excess of 500,000, which receives an
19allocation based in whole or in part on personal property taxes
20which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
21Illinois Local Library Act and which was previously required to
22be paid over to a public library shall immediately pay over to
23that library a proportionate share of the personal property tax
24replacement funds which such municipality or township
25receives; provided that if such a public library has converted
26to a library organized under The Illinois Public Library

 

 

10000HB3342sam003- 39 -LRB100 08528 JWD 41189 a

1District Act, regardless of whether such conversion has
2occurred on, after or before January 1, 1988, such
3proportionate share shall be immediately paid over to the
4library district which maintains and operates the library.
5However, any library that has converted prior to January 1,
61988, and which hitherto has not received the personal property
7tax replacement funds, shall receive such funds commencing on
8January 1, 1988.
9    Any township which receives an allocation based in whole or
10in part on personal property taxes which it levied pursuant to
11Section 1c of the Public Graveyards Act and which taxes were
12previously required to be paid over to or used for such public
13cemetery or cemeteries shall immediately pay over to or use for
14such public cemetery or cemeteries a proportionate share of the
15personal property tax replacement funds which the township
16receives.
17    Any taxing district which receives an allocation based in
18whole or in part upon personal property taxes which it levied
19for another governmental body or school district in Cook County
20in 1976 or for another governmental body or school district in
21the remainder of the State in 1977 shall immediately pay over
22to that governmental body or school district the amount of
23personal property replacement funds which such governmental
24body or school district would receive directly under the
25provisions of paragraph (2) of this Section, had it levied its
26own taxes.

 

 

10000HB3342sam003- 40 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 41 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 42 -LRB100 08528 JWD 41189 a

1    Personal Property Tax Replacement Fund within 10 days of
2    such certification.
3        (2) Each quarterly allocation shall first be
4    apportioned in the following manner: 51.65% for taxing
5    districts in Cook County and 48.35% for taxing districts in
6    the remainder of the State.
7    The Personal Property Replacement Ratio of each taxing
8district outside Cook County shall be the ratio which the Tax
9Base of that taxing district bears to the Downstate Tax Base.
10The Tax Base of each taxing district outside of Cook County is
11the personal property tax collections for that taxing district
12for the 1977 tax year. The Downstate Tax Base is the personal
13property tax collections for all taxing districts in the State
14outside of Cook County for the 1977 tax year. The Department of
15Revenue shall have authority to review for accuracy and
16completeness the personal property tax collections for each
17taxing district outside Cook County for the 1977 tax year.
18    The Personal Property Replacement Ratio of each Cook County
19taxing district shall be the ratio which the Tax Base of that
20taxing district bears to the Cook County Tax Base. The Tax Base
21of each Cook County taxing district is the personal property
22tax collections for that taxing district for the 1976 tax year.
23The Cook County Tax Base is the personal property tax
24collections for all taxing districts in Cook County for the
251976 tax year. The Department of Revenue shall have authority
26to review for accuracy and completeness the personal property

 

 

10000HB3342sam003- 43 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 44 -LRB100 08528 JWD 41189 a

1district assuming such powers, duties and obligations.
2    If two or more taxing districts in existence on July 1,
31979, or a successor or successors thereto shall consolidate
4into one taxing district, the Tax Base of such consolidated
5taxing district shall be the sum of the Tax Bases of each of
6the taxing districts which have consolidated.
7    If a single taxing district in existence on July 1, 1979,
8or a successor or successors thereto shall be divided into two
9or more separate taxing districts, the tax base of the taxing
10district so divided shall be allocated to each of the resulting
11taxing districts in proportion to the then current equalized
12assessed value of each resulting taxing district.
13    If a portion of the territory of a taxing district is
14disconnected and annexed to another taxing district of the same
15type, the Tax Base of the taxing district from which
16disconnection was made shall be reduced in proportion to the
17then current equalized assessed value of the disconnected
18territory as compared with the then current equalized assessed
19value within the entire territory of the taxing district prior
20to disconnection, and the amount of such reduction shall be
21added to the Tax Base of the taxing district to which
22annexation is made.
23    If a community college district is created after July 1,
241979, beginning on the effective date of this amendatory Act of
251995, its Tax Base shall be 3.5% of the sum of the personal
26property tax collected for the 1977 tax year within the

 

 

10000HB3342sam003- 45 -LRB100 08528 JWD 41189 a

1territorial jurisdiction of the district.
2    The amounts allocated and paid to taxing districts pursuant
3to the provisions of this amendatory Act of 1979 shall be
4deemed to be substitute revenues for the revenues derived from
5taxes imposed on personal property pursuant to the provisions
6of the "Revenue Act of 1939" or "An Act for the assessment and
7taxation of private car line companies", approved July 22,
81943, as amended, or Section 414 of the Illinois Insurance
9Code, prior to the abolition of such taxes and shall be used
10for the same purposes as the revenues derived from ad valorem
11taxes on real estate.
12    Monies received by any taxing districts from the Personal
13Property Tax Replacement Fund shall be first applied toward
14payment of the proportionate amount of debt service which was
15previously levied and collected from extensions against
16personal property on bonds outstanding as of December 31, 1978
17and next applied toward payment of the proportionate share of
18the pension or retirement obligations of the taxing district
19which were previously levied and collected from extensions
20against personal property. For each such outstanding bond
21issue, the County Clerk shall determine the percentage of the
22debt service which was collected from extensions against real
23estate in the taxing district for 1978 taxes payable in 1979,
24as related to the total amount of such levies and collections
25from extensions against both real and personal property. For
261979 and subsequent years' taxes, the County Clerk shall levy

 

 

10000HB3342sam003- 46 -LRB100 08528 JWD 41189 a

1and extend taxes against the real estate of each taxing
2district which will yield the said percentage or percentages of
3the debt service on such outstanding bonds. The balance of the
4amount necessary to fully pay such debt service shall
5constitute a first and prior lien upon the monies received by
6each such taxing district through the Personal Property Tax
7Replacement Fund and shall be first applied or set aside for
8such purpose. In counties having fewer than 3,000,000
9inhabitants, the amendments to this paragraph as made by this
10amendatory Act of 1980 shall be first applicable to 1980 taxes
11to be collected in 1981.
12(Source: P.A. 100-23, eff. 7-6-17.)
 
13    Section 5-30. The Downstate Public Transportation Act is
14amended by changing Section 2-3 as follows:
 
15    (30 ILCS 740/2-3)  (from Ch. 111 2/3, par. 663)
16    (Text of Section before amendment by P.A. 100-363)
17    Sec. 2-3. (a) As soon as possible after the first day of
18each month, beginning July 1, 1984, upon certification of the
19Department of Revenue, the Comptroller shall order
20transferred, and the Treasurer shall transfer, from the General
21Revenue Fund to a special fund in the State Treasury which is
22hereby created, to be known as the "Downstate Public
23Transportation Fund", an amount equal to 2/32 (beginning July
241, 2005, 3/32) of the net revenue realized from the "Retailers'

 

 

10000HB3342sam003- 47 -LRB100 08528 JWD 41189 a

1Occupation Tax Act", as now or hereafter amended, the "Service
2Occupation Tax Act", as now or hereafter amended, the "Use Tax
3Act", as now or hereafter amended, and the "Service Use Tax
4Act", as now or hereafter amended, from persons incurring
5municipal or county retailers' or service occupation tax
6liability for the benefit of any municipality or county located
7wholly within the boundaries of each participant, other than
8any Metro-East Transit District participant certified pursuant
9to subsection (c) of this Section during the preceding month,
10except that the Department shall pay into the Downstate Public
11Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
12of the net revenue realized under the State tax Acts named
13above within any municipality or county located wholly within
14the boundaries of each participant, other than any Metro-East
15participant, for tax periods beginning on or after January 1,
161990. Net revenue realized for a month shall be the revenue
17collected by the State pursuant to such Acts during the
18previous month from persons incurring municipal or county
19retailers' or service occupation tax liability for the benefit
20of any municipality or county located wholly within the
21boundaries of a participant, less the amount paid out during
22that same month as refunds or credit memoranda to taxpayers for
23overpayment of liability under such Acts for the benefit of any
24municipality or county located wholly within the boundaries of
25a participant.
26    Notwithstanding any provision of law to the contrary,

 

 

10000HB3342sam003- 48 -LRB100 08528 JWD 41189 a

1beginning on July 6, 2017 (the effective date of Public Act
2100-23) this amendatory Act of the 100th General Assembly,
3those amounts required under this subsection (a) to be
4transferred by the Treasurer into the Downstate Public
5Transportation Fund from the General Revenue Fund shall be
6directly deposited into the Downstate Public Transportation
7Fund as the revenues are realized from the taxes indicated.
8    (b) As soon as possible after the first day of each month,
9beginning July 1, 1989, upon certification of the Department of
10Revenue, the Comptroller shall order transferred, and the
11Treasurer shall transfer, from the General Revenue Fund to a
12special fund in the State Treasury which is hereby created, to
13be known as the "Metro-East Public Transportation Fund", an
14amount equal to 2/32 of the net revenue realized, as above,
15from within the boundaries of Madison, Monroe, and St. Clair
16Counties, except that the Department shall pay into the
17Metro-East Public Transportation Fund 2/32 of 80% of the net
18revenue realized under the State tax Acts specified in
19subsection (a) of this Section within the boundaries of
20Madison, Monroe and St. Clair Counties for tax periods
21beginning on or after January 1, 1990. A local match equivalent
22to an amount which could be raised by a tax levy at the rate of
23.05% on the assessed value of property within the boundaries of
24Madison County is required annually to cause a total of 2/32 of
25the net revenue to be deposited in the Metro-East Public
26Transportation Fund. Failure to raise the required local match

 

 

10000HB3342sam003- 49 -LRB100 08528 JWD 41189 a

1annually shall result in only 1/32 being deposited into the
2Metro-East Public Transportation Fund after July 1, 1989, or
31/32 of 80% of the net revenue realized for tax periods
4beginning on or after January 1, 1990.
5    (b-5) As soon as possible after the first day of each
6month, beginning July 1, 2005, upon certification of the
7Department of Revenue, the Comptroller shall order
8transferred, and the Treasurer shall transfer, from the General
9Revenue Fund to the Downstate Public Transportation Fund, an
10amount equal to 3/32 of 80% of the net revenue realized from
11within the boundaries of Monroe and St. Clair Counties under
12the State Tax Acts specified in subsection (a) of this Section
13and provided further that, beginning July 1, 2005, the
14provisions of subsection (b) shall no longer apply with respect
15to such tax receipts from Monroe and St. Clair Counties.
16    Notwithstanding any provision of law to the contrary,
17beginning on July 6, 2017 (the effective date of Public Act
18100-23) this amendatory Act of the 100th General Assembly,
19those amounts required under this subsection (b-5) to be
20transferred by the Treasurer into the Downstate Public
21Transportation Fund from the General Revenue Fund shall be
22directly deposited into the Downstate Public Transportation
23Fund as the revenues are realized from the taxes indicated.
24    (b-6) As soon as possible after the first day of each
25month, beginning July 1, 2008, upon certification by the
26Department of Revenue, the Comptroller shall order transferred

 

 

10000HB3342sam003- 50 -LRB100 08528 JWD 41189 a

1and the Treasurer shall transfer, from the General Revenue Fund
2to the Downstate Public Transportation Fund, an amount equal to
33/32 of 80% of the net revenue realized from within the
4boundaries of Madison County under the State Tax Acts specified
5in subsection (a) of this Section and provided further that,
6beginning July 1, 2008, the provisions of subsection (b) shall
7no longer apply with respect to such tax receipts from Madison
8County.
9    Notwithstanding any provision of law to the contrary,
10beginning on July 6, 2017 (the effective date of Public Act
11100-23) this amendatory Act of the 100th General Assembly,
12those amounts required under this subsection (b-6) to be
13transferred by the Treasurer into the Downstate Public
14Transportation Fund from the General Revenue Fund shall be
15directly deposited into the Downstate Public Transportation
16Fund as the revenues are realized from the taxes indicated.
17    (c) The Department shall certify to the Department of
18Revenue the eligible participants under this Article and the
19territorial boundaries of such participants for the purposes of
20the Department of Revenue in subsections (a) and (b) of this
21Section.
22    (d) For the purposes of this Article, beginning in fiscal
23year 2009 the General Assembly shall appropriate an amount from
24the Downstate Public Transportation Fund equal to the sum total
25funds projected to be paid to the participants pursuant to
26Section 2-7. If the General Assembly fails to make

 

 

10000HB3342sam003- 51 -LRB100 08528 JWD 41189 a

1appropriations sufficient to cover the amounts projected to be
2paid pursuant to Section 2-7, this Act shall constitute an
3irrevocable and continuing appropriation from the Downstate
4Public Transportation Fund of all amounts necessary for those
5purposes.
6    (e) Notwithstanding anything in this Section to the
7contrary, amounts transferred from the General Revenue Fund to
8the Downstate Public Transportation Fund pursuant to this
9Section shall not exceed $169,000,000 in State fiscal year
102012.
11    (f) For State fiscal year 2018 only, notwithstanding any
12provision of law to the contrary, the total amount of revenue
13and deposits under this Section attributable to revenues
14realized during State fiscal year 2018 shall be reduced by 10%.
15    (g) For State fiscal year 2019 only, notwithstanding any
16provision of law to the contrary, the total amount of revenue
17and deposits under this Section attributable to revenues
18realized during State fiscal year 2019 shall be reduced by 5%.
19(Source: P.A. 100-23, eff. 7-6-17; revised 10-20-17.)
 
20    (Text of Section after amendment by P.A. 100-363)
21    Sec. 2-3. (a) As soon as possible after the first day of
22each month, beginning July 1, 1984, upon certification of the
23Department of Revenue, the Comptroller shall order
24transferred, and the Treasurer shall transfer, from the General
25Revenue Fund to a special fund in the State Treasury which is

 

 

10000HB3342sam003- 52 -LRB100 08528 JWD 41189 a

1hereby created, to be known as the "Downstate Public
2Transportation Fund", an amount equal to 2/32 (beginning July
31, 2005, 3/32) of the net revenue realized from the "Retailers'
4Occupation Tax Act", as now or hereafter amended, the "Service
5Occupation Tax Act", as now or hereafter amended, the "Use Tax
6Act", as now or hereafter amended, and the "Service Use Tax
7Act", as now or hereafter amended, from persons incurring
8municipal or county retailers' or service occupation tax
9liability for the benefit of any municipality or county located
10wholly within the boundaries of each participant, other than
11any Metro-East Transit District participant certified pursuant
12to subsection (c) of this Section during the preceding month,
13except that the Department shall pay into the Downstate Public
14Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
15of the net revenue realized under the State tax Acts named
16above within any municipality or county located wholly within
17the boundaries of each participant, other than any Metro-East
18participant, for tax periods beginning on or after January 1,
191990. Net revenue realized for a month shall be the revenue
20collected by the State pursuant to such Acts during the
21previous month from persons incurring municipal or county
22retailers' or service occupation tax liability for the benefit
23of any municipality or county located wholly within the
24boundaries of a participant, less the amount paid out during
25that same month as refunds or credit memoranda to taxpayers for
26overpayment of liability under such Acts for the benefit of any

 

 

10000HB3342sam003- 53 -LRB100 08528 JWD 41189 a

1municipality or county located wholly within the boundaries of
2a participant.
3    Notwithstanding any provision of law to the contrary,
4beginning on July 6, 2017 (the effective date of Public Act
5100-23) this amendatory Act of the 100th General Assembly,
6those amounts required under this subsection (a) to be
7transferred by the Treasurer into the Downstate Public
8Transportation Fund from the General Revenue Fund shall be
9directly deposited into the Downstate Public Transportation
10Fund as the revenues are realized from the taxes indicated.
11    (b) As soon as possible after the first day of each month,
12beginning July 1, 1989, upon certification of the Department of
13Revenue, the Comptroller shall order transferred, and the
14Treasurer shall transfer, from the General Revenue Fund to a
15special fund in the State Treasury which is hereby created, to
16be known as the "Metro-East Public Transportation Fund", an
17amount equal to 2/32 of the net revenue realized, as above,
18from within the boundaries of Madison, Monroe, and St. Clair
19Counties, except that the Department shall pay into the
20Metro-East Public Transportation Fund 2/32 of 80% of the net
21revenue realized under the State tax Acts specified in
22subsection (a) of this Section within the boundaries of
23Madison, Monroe and St. Clair Counties for tax periods
24beginning on or after January 1, 1990. A local match equivalent
25to an amount which could be raised by a tax levy at the rate of
26.05% on the assessed value of property within the boundaries of

 

 

10000HB3342sam003- 54 -LRB100 08528 JWD 41189 a

1Madison County is required annually to cause a total of 2/32 of
2the net revenue to be deposited in the Metro-East Public
3Transportation Fund. Failure to raise the required local match
4annually shall result in only 1/32 being deposited into the
5Metro-East Public Transportation Fund after July 1, 1989, or
61/32 of 80% of the net revenue realized for tax periods
7beginning on or after January 1, 1990.
8    (b-5) As soon as possible after the first day of each
9month, beginning July 1, 2005, upon certification of the
10Department of Revenue, the Comptroller shall order
11transferred, and the Treasurer shall transfer, from the General
12Revenue Fund to the Downstate Public Transportation Fund, an
13amount equal to 3/32 of 80% of the net revenue realized from
14within the boundaries of Monroe and St. Clair Counties under
15the State Tax Acts specified in subsection (a) of this Section
16and provided further that, beginning July 1, 2005, the
17provisions of subsection (b) shall no longer apply with respect
18to such tax receipts from Monroe and St. Clair Counties.
19    Notwithstanding any provision of law to the contrary,
20beginning on July 6, 2017 (the effective date of Public Act
21100-23) this amendatory Act of the 100th General Assembly,
22those amounts required under this subsection (b-5) to be
23transferred by the Treasurer into the Downstate Public
24Transportation Fund from the General Revenue Fund shall be
25directly deposited into the Downstate Public Transportation
26Fund as the revenues are realized from the taxes indicated.

 

 

10000HB3342sam003- 55 -LRB100 08528 JWD 41189 a

1    (b-6) As soon as possible after the first day of each
2month, beginning July 1, 2008, upon certification by the
3Department of Revenue, the Comptroller shall order transferred
4and the Treasurer shall transfer, from the General Revenue Fund
5to the Downstate Public Transportation Fund, an amount equal to
63/32 of 80% of the net revenue realized from within the
7boundaries of Madison County under the State Tax Acts specified
8in subsection (a) of this Section and provided further that,
9beginning July 1, 2008, the provisions of subsection (b) shall
10no longer apply with respect to such tax receipts from Madison
11County.
12    Notwithstanding any provision of law to the contrary,
13beginning on July 6, 2017 (the effective date of Public Act
14100-23) this amendatory Act of the 100th General Assembly,
15those amounts required under this subsection (b-6) to be
16transferred by the Treasurer into the Downstate Public
17Transportation Fund from the General Revenue Fund shall be
18directly deposited into the Downstate Public Transportation
19Fund as the revenues are realized from the taxes indicated.
20    (b-7) Beginning July 1, 2018, notwithstanding the other
21provisions of this Section, instead of the Comptroller making
22monthly transfers from the General Revenue Fund to the
23Downstate Public Transportation Fund, the Department of
24Revenue shall deposit the designated fraction of the net
25revenue realized from collections under the Retailers'
26Occupation Tax Act, the Service Occupation Tax Act, the Use Tax

 

 

10000HB3342sam003- 56 -LRB100 08528 JWD 41189 a

1Act, and the Service Use Tax Act directly into the Downstate
2Public Transportation Fund.
3    (c) The Department shall certify to the Department of
4Revenue the eligible participants under this Article and the
5territorial boundaries of such participants for the purposes of
6the Department of Revenue in subsections (a) and (b) of this
7Section.
8    (d) For the purposes of this Article, beginning in fiscal
9year 2009 the General Assembly shall appropriate an amount from
10the Downstate Public Transportation Fund equal to the sum total
11funds projected to be paid to the participants pursuant to
12Section 2-7. If the General Assembly fails to make
13appropriations sufficient to cover the amounts projected to be
14paid pursuant to Section 2-7, this Act shall constitute an
15irrevocable and continuing appropriation from the Downstate
16Public Transportation Fund of all amounts necessary for those
17purposes.
18    (e) Notwithstanding anything in this Section to the
19contrary, amounts transferred from the General Revenue Fund to
20the Downstate Public Transportation Fund pursuant to this
21Section shall not exceed $169,000,000 in State fiscal year
222012.
23    (f) For State fiscal year 2018 only, notwithstanding any
24provision of law to the contrary, the total amount of revenue
25and deposits under this Section attributable to revenues
26realized during State fiscal year 2018 shall be reduced by 10%.

 

 

10000HB3342sam003- 57 -LRB100 08528 JWD 41189 a

1    (g) For State fiscal year 2019 only, notwithstanding any
2provision of law to the contrary, the total amount of revenue
3and deposits under this Section attributable to revenues
4realized during State fiscal year 2019 shall be reduced by 5%.
5(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18;
6revised 10-20-17.)
 
7    Section 5-35. The Illinois Income Tax Act is amended by
8changing Section 901 as follows:
 
9    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
10    Sec. 901. Collection authority.
11    (a) In general. The Department shall collect the taxes
12imposed by this Act. The Department shall collect certified
13past due child support amounts under Section 2505-650 of the
14Department of Revenue Law of the Civil Administrative Code of
15Illinois. Except as provided in subsections (b), (c), (e), (f),
16(g), and (h) of this Section, money collected pursuant to
17subsections (a) and (b) of Section 201 of this Act shall be
18paid into the General Revenue Fund in the State treasury; money
19collected pursuant to subsections (c) and (d) of Section 201 of
20this Act shall be paid into the Personal Property Tax
21Replacement Fund, a special fund in the State Treasury; and
22money collected under Section 2505-650 of the Department of
23Revenue Law of the Civil Administrative Code of Illinois (20
24ILCS 2505/2505-650) shall be paid into the Child Support

 

 

10000HB3342sam003- 58 -LRB100 08528 JWD 41189 a

1Enforcement Trust Fund, a special fund outside the State
2Treasury, or to the State Disbursement Unit established under
3Section 10-26 of the Illinois Public Aid Code, as directed by
4the Department of Healthcare and Family Services.
5    (b) Local Government Distributive Fund. Beginning August
61, 1969, and continuing through June 30, 1994, the Treasurer
7shall transfer each month from the General Revenue Fund to a
8special fund in the State treasury, to be known as the "Local
9Government Distributive Fund", an amount equal to 1/12 of the
10net revenue realized from the tax imposed by subsections (a)
11and (b) of Section 201 of this Act during the preceding month.
12Beginning July 1, 1994, and continuing through June 30, 1995,
13the Treasurer shall transfer each month from the General
14Revenue Fund to the Local Government Distributive Fund an
15amount equal to 1/11 of the net revenue realized from the tax
16imposed by subsections (a) and (b) of Section 201 of this Act
17during the preceding month. Beginning July 1, 1995 and
18continuing through January 31, 2011, the Treasurer shall
19transfer each month from the General Revenue Fund to the Local
20Government Distributive Fund an amount equal to the net of (i)
211/10 of the net revenue realized from the tax imposed by
22subsections (a) and (b) of Section 201 of the Illinois Income
23Tax Act during the preceding month (ii) minus, beginning July
241, 2003 and ending June 30, 2004, $6,666,666, and beginning
25July 1, 2004, zero. Beginning February 1, 2011, and continuing
26through January 31, 2015, the Treasurer shall transfer each

 

 

10000HB3342sam003- 59 -LRB100 08528 JWD 41189 a

1month from the General Revenue Fund to the Local Government
2Distributive Fund an amount equal to the sum of (i) 6% (10% of
3the ratio of the 3% individual income tax rate prior to 2011 to
4the 5% individual income tax rate after 2010) of the net
5revenue realized from the tax imposed by subsections (a) and
6(b) of Section 201 of this Act upon individuals, trusts, and
7estates during the preceding month and (ii) 6.86% (10% of the
8ratio of the 4.8% corporate income tax rate prior to 2011 to
9the 7% corporate income tax rate after 2010) of the net revenue
10realized from the tax imposed by subsections (a) and (b) of
11Section 201 of this Act upon corporations during the preceding
12month. Beginning February 1, 2015 and continuing through July
1331, 2017, the Treasurer shall transfer each month from the
14General Revenue Fund to the Local Government Distributive Fund
15an amount equal to the sum of (i) 8% (10% of the ratio of the 3%
16individual income tax rate prior to 2011 to the 3.75%
17individual income tax rate after 2014) of the net revenue
18realized from the tax imposed by subsections (a) and (b) of
19Section 201 of this Act upon individuals, trusts, and estates
20during the preceding month and (ii) 9.14% (10% of the ratio of
21the 4.8% corporate income tax rate prior to 2011 to the 5.25%
22corporate income tax rate after 2014) of the net revenue
23realized from the tax imposed by subsections (a) and (b) of
24Section 201 of this Act upon corporations during the preceding
25month. Beginning August 1, 2017, the Treasurer shall transfer
26each month from the General Revenue Fund to the Local

 

 

10000HB3342sam003- 60 -LRB100 08528 JWD 41189 a

1Government Distributive Fund an amount equal to the sum of (i)
26.06% (10% of the ratio of the 3% individual income tax rate
3prior to 2011 to the 4.95% individual income tax rate after
4July 1, 2017) of the net revenue realized from the tax imposed
5by subsections (a) and (b) of Section 201 of this Act upon
6individuals, trusts, and estates during the preceding month and
7(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax
8rate prior to 2011 to the 7% corporate income tax rate after
9July 1, 2017) of the net revenue realized from the tax imposed
10by subsections (a) and (b) of Section 201 of this Act upon
11corporations during the preceding month. Net revenue realized
12for a month shall be defined as the revenue from the tax
13imposed by subsections (a) and (b) of Section 201 of this Act
14which is deposited in the General Revenue Fund, the Education
15Assistance Fund, the Income Tax Surcharge Local Government
16Distributive Fund, the Fund for the Advancement of Education,
17and the Commitment to Human Services Fund during the month
18minus the amount paid out of the General Revenue Fund in State
19warrants during that same month as refunds to taxpayers for
20overpayment of liability under the tax imposed by subsections
21(a) and (b) of Section 201 of this Act.
22    Notwithstanding any provision of law to the contrary,
23beginning on July 6, 2017 (the effective date of Public Act
24100-23) this amendatory Act of the 100th General Assembly,
25those amounts required under this subsection (b) to be
26transferred by the Treasurer into the Local Government

 

 

10000HB3342sam003- 61 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 62 -LRB100 08528 JWD 41189 a

1    Annual Percentage shall be 11.7%. Upon the effective date
2    of Public Act 93-839 (July 30, 2004) this amendatory Act of
3    the 93rd General Assembly, the Annual Percentage shall be
4    10% for fiscal year 2005. For fiscal year 2006, the Annual
5    Percentage shall be 9.75%. For fiscal year 2007, the Annual
6    Percentage shall be 9.75%. For fiscal year 2008, the Annual
7    Percentage shall be 7.75%. For fiscal year 2009, the Annual
8    Percentage shall be 9.75%. For fiscal year 2010, the Annual
9    Percentage shall be 9.75%. For fiscal year 2011, the Annual
10    Percentage shall be 8.75%. For fiscal year 2012, the Annual
11    Percentage shall be 8.75%. For fiscal year 2013, the Annual
12    Percentage shall be 9.75%. For fiscal year 2014, the Annual
13    Percentage shall be 9.5%. For fiscal year 2015, the Annual
14    Percentage shall be 10%. For fiscal year 2018, the Annual
15    Percentage shall be 9.8%. For fiscal year 2019, the Annual
16    Percentage shall be 9.7%. For all other fiscal years, the
17    Annual Percentage shall be calculated as a fraction, the
18    numerator of which shall be the amount of refunds approved
19    for payment by the Department during the preceding fiscal
20    year as a result of overpayment of tax liability under
21    subsections (a) and (b)(1), (2), and (3) of Section 201 of
22    this Act plus the amount of such refunds remaining approved
23    but unpaid at the end of the preceding fiscal year, minus
24    the amounts transferred into the Income Tax Refund Fund
25    from the Tobacco Settlement Recovery Fund, and the
26    denominator of which shall be the amounts which will be

 

 

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

 

 

10000HB3342sam003- 64 -LRB100 08528 JWD 41189 a

1    Percentage shall be 17.5%. For fiscal year 2008, the Annual
2    Percentage shall be 15.5%. For fiscal year 2009, the Annual
3    Percentage shall be 17.5%. For fiscal year 2010, the Annual
4    Percentage shall be 17.5%. For fiscal year 2011, the Annual
5    Percentage shall be 17.5%. For fiscal year 2012, the Annual
6    Percentage shall be 17.5%. For fiscal year 2013, the Annual
7    Percentage shall be 14%. For fiscal year 2014, the Annual
8    Percentage shall be 13.4%. For fiscal year 2015, the Annual
9    Percentage shall be 14%. For fiscal year 2018, the Annual
10    Percentage shall be 17.5%. For fiscal year 2019, the Annual
11    Percentage shall be 15.5%. For all other fiscal years, the
12    Annual Percentage shall be calculated as a fraction, the
13    numerator of which shall be the amount of refunds approved
14    for payment by the Department during the preceding fiscal
15    year as a result of overpayment of tax liability under
16    subsections (a) and (b)(6), (7), and (8), (c) and (d) of
17    Section 201 of this Act plus the amount of such refunds
18    remaining approved but unpaid at the end of the preceding
19    fiscal year, and the denominator of which shall be the
20    amounts which will be collected pursuant to subsections (a)
21    and (b)(6), (7), and (8), (c) and (d) of Section 201 of
22    this Act during the preceding fiscal year; except that in
23    State fiscal year 2002, the Annual Percentage shall in no
24    event exceed 23%. The Director of Revenue shall certify the
25    Annual Percentage to the Comptroller on the last business
26    day of the fiscal year immediately preceding the fiscal

 

 

10000HB3342sam003- 65 -LRB100 08528 JWD 41189 a

1    year for which it is to be effective.
2        (3) The Comptroller shall order transferred and the
3    Treasurer shall transfer from the Tobacco Settlement
4    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
5    in January, 2001, (ii) $35,000,000 in January, 2002, and
6    (iii) $35,000,000 in January, 2003.
7    (d) Expenditures from Income Tax Refund Fund.
8        (1) Beginning January 1, 1989, money in the Income Tax
9    Refund Fund shall be expended exclusively for the purpose
10    of paying refunds resulting from overpayment of tax
11    liability under Section 201 of this Act, for paying rebates
12    under Section 208.1 in the event that the amounts in the
13    Homeowners' Tax Relief Fund are insufficient for that
14    purpose, and for making transfers pursuant to this
15    subsection (d).
16        (2) The Director shall order payment of refunds
17    resulting from overpayment of tax liability under Section
18    201 of this Act from the Income Tax Refund Fund only to the
19    extent that amounts collected pursuant to Section 201 of
20    this Act and transfers pursuant to this subsection (d) and
21    item (3) of subsection (c) have been deposited and retained
22    in the Fund.
23        (3) As soon as possible after the end of each fiscal
24    year, the Director shall order transferred and the State
25    Treasurer and State Comptroller shall transfer from the
26    Income Tax Refund Fund to the Personal Property Tax

 

 

10000HB3342sam003- 66 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 67 -LRB100 08528 JWD 41189 a

1    excluding for fiscal years 2000, 2001, and 2002 amounts
2    attributable to transfers under item (3) of subsection (c)
3    less refunds resulting from the earned income tax credit.
4        (5) This Act shall constitute an irrevocable and
5    continuing appropriation from the Income Tax Refund Fund
6    for the purpose of paying refunds upon the order of the
7    Director in accordance with the provisions of this Section.
8    (e) Deposits into the Education Assistance Fund and the
9Income Tax Surcharge Local Government Distributive Fund. On
10July 1, 1991, and thereafter, of the amounts collected pursuant
11to subsections (a) and (b) of Section 201 of this Act, minus
12deposits into the Income Tax Refund Fund, the Department shall
13deposit 7.3% into the Education Assistance Fund in the State
14Treasury. Beginning July 1, 1991, and continuing through
15January 31, 1993, of the amounts collected pursuant to
16subsections (a) and (b) of Section 201 of the Illinois Income
17Tax Act, minus deposits into the Income Tax Refund Fund, the
18Department shall deposit 3.0% into the Income Tax Surcharge
19Local Government Distributive Fund in the State Treasury.
20Beginning February 1, 1993 and continuing through June 30,
211993, of the amounts collected pursuant to subsections (a) and
22(b) of Section 201 of the Illinois Income Tax Act, minus
23deposits into the Income Tax Refund Fund, the Department shall
24deposit 4.4% into the Income Tax Surcharge Local Government
25Distributive Fund in the State Treasury. Beginning July 1,
261993, and continuing through June 30, 1994, of the amounts

 

 

10000HB3342sam003- 68 -LRB100 08528 JWD 41189 a

1collected under subsections (a) and (b) of Section 201 of this
2Act, minus deposits into the Income Tax Refund Fund, the
3Department shall deposit 1.475% into the Income Tax Surcharge
4Local Government Distributive Fund in the State Treasury.
5    (f) Deposits into the Fund for the Advancement of
6Education. Beginning February 1, 2015, the Department shall
7deposit the following portions of the revenue realized from the
8tax imposed upon individuals, trusts, and estates by
9subsections (a) and (b) of Section 201 of this Act during the
10preceding month, minus deposits into the Income Tax Refund
11Fund, into the Fund for the Advancement of Education:
12        (1) beginning February 1, 2015, and prior to February
13    1, 2025, 1/30; and
14        (2) beginning February 1, 2025, 1/26.
15    If the rate of tax imposed by subsection (a) and (b) of
16Section 201 is reduced pursuant to Section 201.5 of this Act,
17the Department shall not make the deposits required by this
18subsection (f) on or after the effective date of the reduction.
19    (g) Deposits into the Commitment to Human Services Fund.
20Beginning February 1, 2015, the Department shall deposit the
21following portions of the revenue realized from the tax imposed
22upon individuals, trusts, and estates by subsections (a) and
23(b) of Section 201 of this Act during the preceding month,
24minus deposits into the Income Tax Refund Fund, into the
25Commitment to Human Services Fund:
26        (1) beginning February 1, 2015, and prior to February

 

 

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1    1, 2025, 1/30; and
2        (2) beginning February 1, 2025, 1/26.
3    If the rate of tax imposed by subsection (a) and (b) of
4Section 201 is reduced pursuant to Section 201.5 of this Act,
5the Department shall not make the deposits required by this
6subsection (g) on or after the effective date of the reduction.
7    (h) Deposits into the Tax Compliance and Administration
8Fund. Beginning on the first day of the first calendar month to
9occur on or after August 26, 2014 (the effective date of Public
10Act 98-1098), each month the Department shall pay into the Tax
11Compliance and Administration Fund, to be used, subject to
12appropriation, to fund additional auditors and compliance
13personnel at the Department, an amount equal to 1/12 of 5% of
14the cash receipts collected during the preceding fiscal year by
15the Audit Bureau of the Department from the tax imposed by
16subsections (a), (b), (c), and (d) of Section 201 of this Act,
17net of deposits into the Income Tax Refund Fund made from those
18cash receipts.
19(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23,
20eff. 7-6-17; revised 8-3-17.)
 
21    Section 5-40. The Regional Transportation Authority Act is
22amended by changing Section 4.09 as follows:
 
23    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
24    Sec. 4.09. Public Transportation Fund and the Regional

 

 

10000HB3342sam003- 70 -LRB100 08528 JWD 41189 a

1Transportation Authority Occupation and Use Tax Replacement
2Fund.
3    (a)(1) Except as otherwise provided in paragraph (4), as
4soon as possible after the first day of each month, beginning
5July 1, 1984, upon certification of the Department of Revenue,
6the Comptroller shall order transferred and the Treasurer shall
7transfer from the General Revenue Fund to a special fund in the
8State Treasury to be known as the Public Transportation Fund an
9amount equal to 25% of the net revenue, before the deduction of
10the serviceman and retailer discounts pursuant to Section 9 of
11the Service Occupation Tax Act and Section 3 of the Retailers'
12Occupation Tax Act, realized from any tax imposed by the
13Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
14amounts deposited into the Regional Transportation Authority
15tax fund created by Section 4.03 of this Act, from the County
16and Mass Transit District Fund as provided in Section 6z-20 of
17the State Finance Act and 25% of the amounts deposited into the
18Regional Transportation Authority Occupation and Use Tax
19Replacement Fund from the State and Local Sales Tax Reform Fund
20as provided in Section 6z-17 of the State Finance Act. On the
21first day of the month following the date that the Department
22receives revenues from increased taxes under Section 4.03(m) as
23authorized by this amendatory Act of the 95th General Assembly,
24in lieu of the transfers authorized in the preceding sentence,
25upon certification of the Department of Revenue, the
26Comptroller shall order transferred and the Treasurer shall

 

 

10000HB3342sam003- 71 -LRB100 08528 JWD 41189 a

1transfer from the General Revenue Fund to the Public
2Transportation Fund an amount equal to 25% of the net revenue,
3before the deduction of the serviceman and retailer discounts
4pursuant to Section 9 of the Service Occupation Tax Act and
5Section 3 of the Retailers' Occupation Tax Act, realized from
6(i) 80% of the proceeds of any tax imposed by the Authority at
7a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any
8tax imposed by the Authority at the rate of 1% in Cook County,
9and (iii) one-third of the proceeds of any tax imposed by the
10Authority at the rate of 0.75% in the Counties of DuPage, Kane,
11Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
12of the net revenue realized from any tax imposed by the
13Authority pursuant to Section 4.03.1, and 25% of the amounts
14deposited into the Regional Transportation Authority tax fund
15created by Section 4.03 of this Act from the County and Mass
16Transit District Fund as provided in Section 6z-20 of the State
17Finance Act, and 25% of the amounts deposited into the Regional
18Transportation Authority Occupation and Use Tax Replacement
19Fund from the State and Local Sales Tax Reform Fund as provided
20in Section 6z-17 of the State Finance Act. As used in this
21Section, net revenue realized for a month shall be the revenue
22collected by the State pursuant to Sections 4.03 and 4.03.1
23during the previous month from within the metropolitan region,
24less the amount paid out during that same month as refunds to
25taxpayers for overpayment of liability in the metropolitan
26region under Sections 4.03 and 4.03.1.

 

 

10000HB3342sam003- 72 -LRB100 08528 JWD 41189 a

1    Notwithstanding any provision of law to the contrary,
2beginning on the effective date of this amendatory Act of the
3100th General Assembly, those amounts required under this
4paragraph (1) of subsection (a) to be transferred by the
5Treasurer into the Public Transportation Fund from the General
6Revenue Fund shall be directly deposited into the Public
7Transportation Fund as the revenues are realized from the taxes
8indicated.
9    (2) Except as otherwise provided in paragraph (4), on the
10first day of the month following the effective date of this
11amendatory Act of the 95th General Assembly and each month
12thereafter, upon certification by the Department of Revenue,
13the Comptroller shall order transferred and the Treasurer shall
14transfer from the General Revenue Fund to the Public
15Transportation Fund an amount equal to 5% of the net revenue,
16before the deduction of the serviceman and retailer discounts
17pursuant to Section 9 of the Service Occupation Tax Act and
18Section 3 of the Retailers' Occupation Tax Act, realized from
19any tax imposed by the Authority pursuant to Sections 4.03 and
204.03.1 and certified by the Department of Revenue under Section
214.03(n) of this Act to be paid to the Authority and 5% of the
22amounts deposited into the Regional Transportation Authority
23tax fund created by Section 4.03 of this Act from the County
24and Mass Transit District Fund as provided in Section 6z-20 of
25the State Finance Act, and 5% of the amounts deposited into the
26Regional Transportation Authority Occupation and Use Tax

 

 

10000HB3342sam003- 73 -LRB100 08528 JWD 41189 a

1Replacement Fund from the State and Local Sales Tax Reform Fund
2as provided in Section 6z-17 of the State Finance Act, and 5%
3of the revenue realized by the Chicago Transit Authority as
4financial assistance from the City of Chicago from the proceeds
5of any tax imposed by the City of Chicago under Section 8-3-19
6of the Illinois Municipal Code.
7    Notwithstanding any provision of law to the contrary,
8beginning on July 6, 2017 (the effective date of Public Act
9100-23) this amendatory Act of the 100th General Assembly,
10those amounts required under this paragraph (2) of subsection
11(a) to be transferred by the Treasurer into the Public
12Transportation Fund from the General Revenue Fund shall be
13directly deposited into the Public Transportation Fund as the
14revenues are realized from the taxes indicated.
15    (3) Except as otherwise provided in paragraph (4), as soon
16as possible after the first day of January, 2009 and each month
17thereafter, upon certification of the Department of Revenue
18with respect to the taxes collected under Section 4.03, the
19Comptroller shall order transferred and the Treasurer shall
20transfer from the General Revenue Fund to the Public
21Transportation Fund an amount equal to 25% of the net revenue,
22before the deduction of the serviceman and retailer discounts
23pursuant to Section 9 of the Service Occupation Tax Act and
24Section 3 of the Retailers' Occupation Tax Act, realized from
25(i) 20% of the proceeds of any tax imposed by the Authority at
26a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any

 

 

10000HB3342sam003- 74 -LRB100 08528 JWD 41189 a

1tax imposed by the Authority at the rate of 1% in Cook County,
2and (iii) one-third of the proceeds of any tax imposed by the
3Authority at the rate of 0.75% in the Counties of DuPage, Kane,
4Lake, McHenry, and Will, all pursuant to Section 4.03, and the
5Comptroller shall order transferred and the Treasurer shall
6transfer from the General Revenue Fund to the Public
7Transportation Fund (iv) an amount equal to 25% of the revenue
8realized by the Chicago Transit Authority as financial
9assistance from the City of Chicago from the proceeds of any
10tax imposed by the City of Chicago under Section 8-3-19 of the
11Illinois Municipal Code.
12    Notwithstanding any provision of law to the contrary,
13beginning on July 6, 2017 (the effective date of Public Act
14100-23) this amendatory Act of the 100th General Assembly,
15those amounts required under this paragraph (3) of subsection
16(a) to be transferred by the Treasurer into the Public
17Transportation Fund from the General Revenue Fund shall be
18directly deposited into the Public Transportation Fund as the
19revenues are realized from the taxes indicated.
20    (4) Notwithstanding any provision of law to the contrary,
21of the transfers to be made under paragraphs (1), (2), and (3)
22of this subsection (a) from the General Revenue Fund to the
23Public Transportation Fund, the first $100,000,000 that would
24have otherwise been transferred from the General Revenue Fund
25shall be transferred from the Road Fund. The remaining balance
26of such transfers shall be made from the General Revenue Fund.

 

 

10000HB3342sam003- 75 -LRB100 08528 JWD 41189 a

1    (5) For State fiscal year 2018 only, notwithstanding any
2provision of law to the contrary, the total amount of revenue
3and deposits under this subsection (a) attributable to revenues
4realized during State fiscal year 2018 shall be reduced by 10%.
5    (6) For State fiscal year 2019 only, notwithstanding any
6provision of law to the contrary, the total amount of revenue
7and deposits under this Section attributable to revenues
8realized during State fiscal year 2019 shall be reduced by 5%.
9    (b)(1) All moneys deposited in the Public Transportation
10Fund and the Regional Transportation Authority Occupation and
11Use Tax Replacement Fund, whether deposited pursuant to this
12Section or otherwise, are allocated to the Authority. The
13Comptroller, as soon as possible after each monthly transfer
14provided in this Section and after each deposit into the Public
15Transportation Fund, shall order the Treasurer to pay to the
16Authority out of the Public Transportation Fund the amount so
17transferred or deposited. Any Additional State Assistance and
18Additional Financial Assistance paid to the Authority under
19this Section shall be expended by the Authority for its
20purposes as provided in this Act. The balance of the amounts
21paid to the Authority from the Public Transportation Fund shall
22be expended by the Authority as provided in Section 4.03.3. The
23Comptroller, as soon as possible after each deposit into the
24Regional Transportation Authority Occupation and Use Tax
25Replacement Fund provided in this Section and Section 6z-17 of
26the State Finance Act, shall order the Treasurer to pay to the

 

 

10000HB3342sam003- 76 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 77 -LRB100 08528 JWD 41189 a

1fiscal years:
2        1990$5,000,000;
3        1991$5,000,000;
4        1992$10,000,000;
5        1993$10,000,000;
6        1994$20,000,000;
7        1995$30,000,000;
8        1996$40,000,000;
9        1997$50,000,000;
10        1998$55,000,000; and
11        each year thereafter$55,000,000.
12    (c-5) The State shall provide financial assistance
13("Additional Financial Assistance") in addition to the
14Additional State Assistance provided by subsection (c) and the
15amounts transferred to the Authority from the General Revenue
16Fund under subsection (a) of this Section. Additional Financial
17Assistance provided by this subsection shall be calculated as
18provided in subsection (d), but shall in no event exceed the
19following specified amounts with respect to the following State
20fiscal years:
21        2000$0;
22        2001$16,000,000;
23        2002$35,000,000;
24        2003$54,000,000;
25        2004$73,000,000;
26        2005$93,000,000; and

 

 

10000HB3342sam003- 78 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 79 -LRB100 08528 JWD 41189 a

1service payments, including the date and amount of each payment
2for all outstanding bonds or notes and an estimated schedule of
3anticipated debt service for all bonds and notes it intends to
4issue, if any, during that State fiscal year, including the
5estimated date and estimated amount of each payment.
6    Immediately upon the issuance of bonds for which an
7estimated schedule of debt service payments was prepared, the
8Authority shall file an amended certification with respect to
9item (2) above, to specify the actual schedule of debt service
10payments, including the date and amount of each payment, for
11the remainder of the State fiscal year.
12    On the first day of each month of the State fiscal year in
13which there are bonds outstanding with respect to which the
14certification is made, the State Comptroller shall order
15transferred and the State Treasurer shall transfer from the
16Road Fund to the Public Transportation Fund the Additional
17State Assistance and Additional Financial Assistance in an
18amount equal to the aggregate of (i) one-twelfth of the sum of
19the amounts certified under items (1) and (3) above less the
20amount certified under item (4) above, plus (ii) the amount
21required to pay debt service on bonds and notes issued during
22the fiscal year, if any, divided by the number of months
23remaining in the fiscal year after the date of issuance, or
24some smaller portion as may be necessary under subsection (c)
25or (c-5) of this Section for the relevant State fiscal year,
26plus (iii) any cumulative deficiencies in transfers for prior

 

 

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1months, until an amount equal to the sum of the amounts
2certified under items (1) and (3) above, plus the actual debt
3service certified under item (2) above, less the amount
4certified under item (4) above, has been transferred; except
5that these transfers are subject to the following limits:
6        (A) In no event shall the total transfers in any State
7    fiscal year relating to outstanding bonds and notes issued
8    by the Authority under subdivision (g)(2) of Section 4.04
9    exceed the lesser of the annual maximum amount specified in
10    subsection (c) or the sum of the amounts certified under
11    items (1) and (3) above, plus the actual debt service
12    certified under item (2) above, less the amount certified
13    under item (4) above, with respect to those bonds and
14    notes.
15        (B) In no event shall the total transfers in any State
16    fiscal year relating to outstanding bonds and notes issued
17    by the Authority under subdivision (g)(3) of Section 4.04
18    exceed the lesser of the annual maximum amount specified in
19    subsection (c-5) or the sum of the amounts certified under
20    items (1) and (3) above, plus the actual debt service
21    certified under item (2) above, less the amount certified
22    under item (4) above, with respect to those bonds and
23    notes.
24    The term "outstanding" does not include bonds or notes for
25which refunding or advance refunding bonds or notes have been
26issued.

 

 

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1    (e) Neither Additional State Assistance nor Additional
2Financial Assistance may be pledged, either directly or
3indirectly as general revenues of the Authority, as security
4for any bonds issued by the Authority. The Authority may not
5assign its right to receive Additional State Assistance or
6Additional Financial Assistance, or direct payment of
7Additional State Assistance or Additional Financial
8Assistance, to a trustee or any other entity for the payment of
9debt service on its bonds.
10    (f) The certification required under subsection (d) with
11respect to outstanding bonds and notes of the Authority shall
12be filed as early as practicable before the beginning of the
13State fiscal year to which it relates. The certification shall
14be revised as may be necessary to accurately state the debt
15service requirements of the Authority.
16    (g) Within 6 months of the end of each fiscal year, the
17Authority shall determine:
18        (i) whether the aggregate of all system generated
19    revenues for public transportation in the metropolitan
20    region which is provided by, or under grant or purchase of
21    service contracts with, the Service Boards equals 50% of
22    the aggregate of all costs of providing such public
23    transportation. "System generated revenues" include all
24    the proceeds of fares and charges for services provided,
25    contributions received in connection with public
26    transportation from units of local government other than

 

 

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1    the Authority, except for contributions received by the
2    Chicago Transit Authority from a real estate transfer tax
3    imposed under subsection (i) of Section 8-3-19 of the
4    Illinois Municipal Code, and from the State pursuant to
5    subsection (i) of Section 2705-305 of the Department of
6    Transportation Law (20 ILCS 2705/2705-305), and all other
7    revenues properly included consistent with generally
8    accepted accounting principles but may not include: the
9    proceeds from any borrowing, and, beginning with the 2007
10    fiscal year, all revenues and receipts, including but not
11    limited to fares and grants received from the federal,
12    State or any unit of local government or other entity,
13    derived from providing ADA paratransit service pursuant to
14    Section 2.30 of the Regional Transportation Authority Act.
15    "Costs" include all items properly included as operating
16    costs consistent with generally accepted accounting
17    principles, including administrative costs, but do not
18    include: depreciation; payment of principal and interest
19    on bonds, notes or other evidences of obligations for
20    borrowed money of the Authority; payments with respect to
21    public transportation facilities made pursuant to
22    subsection (b) of Section 2.20; any payments with respect
23    to rate protection contracts, credit enhancements or
24    liquidity agreements made under Section 4.14; any other
25    cost as to which it is reasonably expected that a cash
26    expenditure will not be made; costs for passenger security

 

 

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1    including grants, contracts, personnel, equipment and
2    administrative expenses, except in the case of the Chicago
3    Transit Authority, in which case the term does not include
4    costs spent annually by that entity for protection against
5    crime as required by Section 27a of the Metropolitan
6    Transit Authority Act; the costs of Debt Service paid by
7    the Chicago Transit Authority, as defined in Section 12c of
8    the Metropolitan Transit Authority Act, or bonds or notes
9    issued pursuant to that Section; the payment by the
10    Commuter Rail Division of debt service on bonds issued
11    pursuant to Section 3B.09; expenses incurred by the
12    Suburban Bus Division for the cost of new public
13    transportation services funded from grants pursuant to
14    Section 2.01e of this amendatory Act of the 95th General
15    Assembly for a period of 2 years from the date of
16    initiation of each such service; costs as exempted by the
17    Board for projects pursuant to Section 2.09 of this Act;
18    or, beginning with the 2007 fiscal year, expenses related
19    to providing ADA paratransit service pursuant to Section
20    2.30 of the Regional Transportation Authority Act; or in
21    fiscal years 2008 through 2012 inclusive, costs in the
22    amount of $200,000,000 in fiscal year 2008, reducing by
23    $40,000,000 in each fiscal year thereafter until this
24    exemption is eliminated. If said system generated revenues
25    are less than 50% of said costs, the Board shall remit an
26    amount equal to the amount of the deficit to the State. The

 

 

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1    Treasurer shall deposit any such payment in the Road Fund;
2    and
3        (ii) whether, beginning with the 2007 fiscal year, the
4    aggregate of all fares charged and received for ADA
5    paratransit services equals the system generated ADA
6    paratransit services revenue recovery ratio percentage of
7    the aggregate of all costs of providing such ADA
8    paratransit services.
9    (h) If the Authority makes any payment to the State under
10paragraph (g), the Authority shall reduce the amount provided
11to a Service Board from funds transferred under paragraph (a)
12in proportion to the amount by which that Service Board failed
13to meet its required system generated revenues recovery ratio.
14A Service Board which is affected by a reduction in funds under
15this paragraph shall submit to the Authority concurrently with
16its next due quarterly report a revised budget incorporating
17the reduction in funds. The revised budget must meet the
18criteria specified in clauses (i) through (vi) of Section
194.11(b)(2). The Board shall review and act on the revised
20budget as provided in Section 4.11(b)(3).
21(Source: P.A. 100-23, eff. 7-6-17.)
 
22
ARTICLE 10. RETIREMENT CONTRIBUTIONS

 
23    Section 10-5. The State Pension Funds Continuing
24Appropriation Act is amended by changing Section 1.2 as

 

 

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1follows:
 
2    (40 ILCS 15/1.2)
3    Sec. 1.2. Appropriations for the State Employees'
4Retirement System.
5    (a) From each fund from which an amount is appropriated for
6personal services to a department or other employer under
7Article 14 of the Illinois Pension Code, there is hereby
8appropriated to that department or other employer, on a
9continuing annual basis for each State fiscal year, an
10additional amount equal to the amount, if any, by which (1) an
11amount equal to the percentage of the personal services line
12item for that department or employer from that fund for that
13fiscal year that the Board of Trustees of the State Employees'
14Retirement System of Illinois has certified under Section
1514-135.08 of the Illinois Pension Code to be necessary to meet
16the State's obligation under Section 14-131 of the Illinois
17Pension Code for that fiscal year, exceeds (2) the amounts
18otherwise appropriated to that department or employer from that
19fund for State contributions to the State Employees' Retirement
20System for that fiscal year. From the effective date of this
21amendatory Act of the 93rd General Assembly through the final
22payment from a department or employer's personal services line
23item for fiscal year 2004, payments to the State Employees'
24Retirement System that otherwise would have been made under
25this subsection (a) shall be governed by the provisions in

 

 

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1subsection (a-1).
2    (a-1) If a Fiscal Year 2004 Shortfall is certified under
3subsection (f) of Section 14-131 of the Illinois Pension Code,
4there is hereby appropriated to the State Employees' Retirement
5System of Illinois on a continuing basis from the General
6Revenue Fund an additional aggregate amount equal to the Fiscal
7Year 2004 Shortfall.
8    (a-2) If a Fiscal Year 2010 Shortfall is certified under
9subsection (i) of Section 14-131 of the Illinois Pension Code,
10there is hereby appropriated to the State Employees' Retirement
11System of Illinois on a continuing basis from the General
12Revenue Fund an additional aggregate amount equal to the Fiscal
13Year 2010 Shortfall.
14    (a-3) If a Fiscal Year 2016 Shortfall is certified under
15subsection (k) of Section 14-131 of the Illinois Pension Code,
16there is hereby appropriated to the State Employees' Retirement
17System of Illinois on a continuing basis from the General
18Revenue Fund an additional aggregate amount equal to the Fiscal
19Year 2016 Shortfall.
20    (a-4) If a Prior Fiscal Year Shortfall is certified under
21subsection (k) of Section 14-131 of the Illinois Pension Code,
22there is hereby appropriated to the State Employees' Retirement
23System of Illinois on a continuing basis from the General
24Revenue Fund an additional aggregate amount equal to the Fiscal
25Year 2018 2017 Shortfall.
26    (b) The continuing appropriations provided for by this

 

 

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1Section shall first be available in State fiscal year 1996.
2    (c) Beginning in Fiscal Year 2005, any continuing
3appropriation under this Section arising out of an
4appropriation for personal services from the Road Fund to the
5Department of State Police or the Secretary of State shall be
6payable from the General Revenue Fund rather than the Road
7Fund.
8    (d) For State fiscal year 2010 only, a continuing
9appropriation is provided to the State Employees' Retirement
10System equal to the amount certified by the System on or before
11December 31, 2008, less the gross proceeds of the bonds sold in
12fiscal year 2010 under the authorization contained in
13subsection (a) of Section 7.2 of the General Obligation Bond
14Act.
15    (e) For State fiscal year 2011 only, the continuing
16appropriation under this Section provided to the State
17Employees' Retirement System is limited to an amount equal to
18the amount certified by the System on or before December 31,
192009, less any amounts received pursuant to subsection (a-3) of
20Section 14.1 of the State Finance Act.
21    (f) For State fiscal year 2011 only, a continuing
22appropriation is provided to the State Employees' Retirement
23System equal to the amount certified by the System on or before
24April 1, 2011, less the gross proceeds of the bonds sold in
25fiscal year 2011 under the authorization contained in
26subsection (a) of Section 7.2 of the General Obligation Bond

 

 

10000HB3342sam003- 88 -LRB100 08528 JWD 41189 a

1Act.
2(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
 
3
ARTICLE 15. HUMAN SERVICES

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

 

 

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1        (g) education in self-care;
2        (h) personal care services;
3        (i) adult day health services;
4        (j) habilitation services;
5        (k) respite care;
6        (k-5) community reintegration services;
7        (k-6) flexible senior services;
8        (k-7) medication management;
9        (k-8) emergency home response;
10        (l) other nonmedical social services that may enable
11    the person to become self-supporting; or
12        (m) clearinghouse for information provided by senior
13    citizen home owners who want to rent rooms to or share
14    living space with other senior citizens.
15    The Department shall establish eligibility standards for
16such services. In determining the amount and nature of services
17for which a person may qualify, consideration shall not be
18given to the value of cash, property or other assets held in
19the name of the person's spouse pursuant to a written agreement
20dividing marital property into equal but separate shares or
21pursuant to a transfer of the person's interest in a home to
22his spouse, provided that the spouse's share of the marital
23property is not made available to the person seeking such
24services.
25    Beginning January 1, 2008, the Department shall require as
26a condition of eligibility that all new financially eligible

 

 

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1applicants apply for and enroll in medical assistance under
2Article V of the Illinois Public Aid Code in accordance with
3rules promulgated by the Department.
4    The Department shall, in conjunction with the Department of
5Public Aid (now Department of Healthcare and Family Services),
6seek appropriate amendments under Sections 1915 and 1924 of the
7Social Security Act. The purpose of the amendments shall be to
8extend eligibility for home and community based services under
9Sections 1915 and 1924 of the Social Security Act to persons
10who transfer to or for the benefit of a spouse those amounts of
11income and resources allowed under Section 1924 of the Social
12Security Act. Subject to the approval of such amendments, the
13Department shall extend the provisions of Section 5-4 of the
14Illinois Public Aid Code to persons who, but for the provision
15of home or community-based services, would require the level of
16care provided in an institution, as is provided for in federal
17law. Those persons no longer found to be eligible for receiving
18noninstitutional services due to changes in the eligibility
19criteria shall be given 45 days notice prior to actual
20termination. Those persons receiving notice of termination may
21contact the Department and request the determination be
22appealed at any time during the 45 day notice period. The
23target population identified for the purposes of this Section
24are persons age 60 and older with an identified service need.
25Priority shall be given to those who are at imminent risk of
26institutionalization. The services shall be provided to

 

 

10000HB3342sam003- 91 -LRB100 08528 JWD 41189 a

1eligible persons age 60 and older to the extent that the cost
2of the services together with the other personal maintenance
3expenses of the persons are reasonably related to the standards
4established for care in a group facility appropriate to the
5person's condition. These non-institutional services, pilot
6projects or experimental facilities may be provided as part of
7or in addition to those authorized by federal law or those
8funded and administered by the Department of Human Services.
9The Departments of Human Services, Healthcare and Family
10Services, Public Health, Veterans' Affairs, and Commerce and
11Economic Opportunity and other appropriate agencies of State,
12federal and local governments shall cooperate with the
13Department on Aging in the establishment and development of the
14non-institutional services. The Department shall require an
15annual audit from all personal assistant and home care aide
16vendors contracting with the Department under this Section. The
17annual audit shall assure that each audited vendor's procedures
18are in compliance with Department's financial reporting
19guidelines requiring an administrative and employee wage and
20benefits cost split as defined in administrative rules. The
21audit is a public record under the Freedom of Information Act.
22The Department shall execute, relative to the nursing home
23prescreening project, written inter-agency agreements with the
24Department of Human Services and the Department of Healthcare
25and Family Services, to effect the following: (1) intake
26procedures and common eligibility criteria for those persons

 

 

10000HB3342sam003- 92 -LRB100 08528 JWD 41189 a

1who are receiving non-institutional services; and (2) the
2establishment and development of non-institutional services in
3areas of the State where they are not currently available or
4are undeveloped. On and after July 1, 1996, all nursing home
5prescreenings for individuals 60 years of age or older shall be
6conducted by the Department.
7    As part of the Department on Aging's routine training of
8case managers and case manager supervisors, the Department may
9include information on family futures planning for persons who
10are age 60 or older and who are caregivers of their adult
11children with developmental disabilities. The content of the
12training shall be at the Department's discretion.
13    The Department is authorized to establish a system of
14recipient copayment for services provided under this Section,
15such copayment to be based upon the recipient's ability to pay
16but in no case to exceed the actual cost of the services
17provided. Additionally, any portion of a person's income which
18is equal to or less than the federal poverty standard shall not
19be considered by the Department in determining the copayment.
20The level of such copayment shall be adjusted whenever
21necessary to reflect any change in the officially designated
22federal poverty standard.
23    The Department, or the Department's authorized
24representative, may recover the amount of moneys expended for
25services provided to or in behalf of a person under this
26Section by a claim against the person's estate or against the

 

 

10000HB3342sam003- 93 -LRB100 08528 JWD 41189 a

1estate of the person's surviving spouse, but no recovery may be
2had until after the death of the surviving spouse, if any, and
3then only at such time when there is no surviving child who is
4under age 21 or blind or who has a permanent and total
5disability. This paragraph, however, shall not bar recovery, at
6the death of the person, of moneys for services provided to the
7person or in behalf of the person under this Section to which
8the person was not entitled; provided that such recovery shall
9not be enforced against any real estate while it is occupied as
10a homestead by the surviving spouse or other dependent, if no
11claims by other creditors have been filed against the estate,
12or, if such claims have been filed, they remain dormant for
13failure of prosecution or failure of the claimant to compel
14administration of the estate for the purpose of payment. This
15paragraph shall not bar recovery from the estate of a spouse,
16under Sections 1915 and 1924 of the Social Security Act and
17Section 5-4 of the Illinois Public Aid Code, who precedes a
18person receiving services under this Section in death. All
19moneys for services paid to or in behalf of the person under
20this Section shall be claimed for recovery from the deceased
21spouse's estate. "Homestead", as used in this paragraph, means
22the dwelling house and contiguous real estate occupied by a
23surviving spouse or relative, as defined by the rules and
24regulations of the Department of Healthcare and Family
25Services, regardless of the value of the property.
26    The Department shall increase the effectiveness of the

 

 

10000HB3342sam003- 94 -LRB100 08528 JWD 41189 a

1existing Community Care Program by:
2        (1) ensuring that in-home services included in the care
3    plan are available on evenings and weekends;
4        (2) ensuring that care plans contain the services that
5    eligible participants need based on the number of days in a
6    month, not limited to specific blocks of time, as
7    identified by the comprehensive assessment tool selected
8    by the Department for use statewide, not to exceed the
9    total monthly service cost maximum allowed for each
10    service; the Department shall develop administrative rules
11    to implement this item (2);
12        (3) ensuring that the participants have the right to
13    choose the services contained in their care plan and to
14    direct how those services are provided, based on
15    administrative rules established by the Department;
16        (4) ensuring that the determination of need tool is
17    accurate in determining the participants' level of need; to
18    achieve this, the Department, in conjunction with the Older
19    Adult Services Advisory Committee, shall institute a study
20    of the relationship between the Determination of Need
21    scores, level of need, service cost maximums, and the
22    development and utilization of service plans no later than
23    May 1, 2008; findings and recommendations shall be
24    presented to the Governor and the General Assembly no later
25    than January 1, 2009; recommendations shall include all
26    needed changes to the service cost maximums schedule and

 

 

10000HB3342sam003- 95 -LRB100 08528 JWD 41189 a

1    additional covered services;
2        (5) ensuring that homemakers can provide personal care
3    services that may or may not involve contact with clients,
4    including but not limited to:
5            (A) bathing;
6            (B) grooming;
7            (C) toileting;
8            (D) nail care;
9            (E) transferring;
10            (F) respiratory services;
11            (G) exercise; or
12            (H) positioning;
13        (6) ensuring that homemaker program vendors are not
14    restricted from hiring homemakers who are family members of
15    clients or recommended by clients; the Department may not,
16    by rule or policy, require homemakers who are family
17    members of clients or recommended by clients to accept
18    assignments in homes other than the client;
19        (7) ensuring that the State may access maximum federal
20    matching funds by seeking approval for the Centers for
21    Medicare and Medicaid Services for modifications to the
22    State's home and community based services waiver and
23    additional waiver opportunities, including applying for
24    enrollment in the Balance Incentive Payment Program by May
25    1, 2013, in order to maximize federal matching funds; this
26    shall include, but not be limited to, modification that

 

 

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1    reflects all changes in the Community Care Program services
2    and all increases in the services cost maximum;
3        (8) ensuring that the determination of need tool
4    accurately reflects the service needs of individuals with
5    Alzheimer's disease and related dementia disorders;
6        (9) ensuring that services are authorized accurately
7    and consistently for the Community Care Program (CCP); the
8    Department shall implement a Service Authorization policy
9    directive; the purpose shall be to ensure that eligibility
10    and services are authorized accurately and consistently in
11    the CCP program; the policy directive shall clarify service
12    authorization guidelines to Care Coordination Units and
13    Community Care Program providers no later than May 1, 2013;
14        (10) working in conjunction with Care Coordination
15    Units, the Department of Healthcare and Family Services,
16    the Department of Human Services, Community Care Program
17    providers, and other stakeholders to make improvements to
18    the Medicaid claiming processes and the Medicaid
19    enrollment procedures or requirements as needed,
20    including, but not limited to, specific policy changes or
21    rules to improve the up-front enrollment of participants in
22    the Medicaid program and specific policy changes or rules
23    to insure more prompt submission of bills to the federal
24    government to secure maximum federal matching dollars as
25    promptly as possible; the Department on Aging shall have at
26    least 3 meetings with stakeholders by January 1, 2014 in

 

 

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1    order to address these improvements;
2        (11) requiring home care service providers to comply
3    with the rounding of hours worked provisions under the
4    federal Fair Labor Standards Act (FLSA) and as set forth in
5    29 CFR 785.48(b) by May 1, 2013;
6        (12) implementing any necessary policy changes or
7    promulgating any rules, no later than January 1, 2014, to
8    assist the Department of Healthcare and Family Services in
9    moving as many participants as possible, consistent with
10    federal regulations, into coordinated care plans if a care
11    coordination plan that covers long term care is available
12    in the recipient's area; and
13        (13) maintaining fiscal year 2014 rates at the same
14    level established on January 1, 2013.
15    By January 1, 2009 or as soon after the end of the Cash and
16Counseling Demonstration Project as is practicable, the
17Department may, based on its evaluation of the demonstration
18project, promulgate rules concerning personal assistant
19services, to include, but need not be limited to,
20qualifications, employment screening, rights under fair labor
21standards, training, fiduciary agent, and supervision
22requirements. All applicants shall be subject to the provisions
23of the Health Care Worker Background Check Act.
24    The Department shall develop procedures to enhance
25availability of services on evenings, weekends, and on an
26emergency basis to meet the respite needs of caregivers.

 

 

10000HB3342sam003- 98 -LRB100 08528 JWD 41189 a

1Procedures shall be developed to permit the utilization of
2services in successive blocks of 24 hours up to the monthly
3maximum established by the Department. Workers providing these
4services shall be appropriately trained.
5    Beginning on the effective date of this amendatory Act of
61991, no person may perform chore/housekeeping and home care
7aide services under a program authorized by this Section unless
8that person has been issued a certificate of pre-service to do
9so by his or her employing agency. Information gathered to
10effect such certification shall include (i) the person's name,
11(ii) the date the person was hired by his or her current
12employer, and (iii) the training, including dates and levels.
13Persons engaged in the program authorized by this Section
14before the effective date of this amendatory Act of 1991 shall
15be issued a certificate of all pre- and in-service training
16from his or her employer upon submitting the necessary
17information. The employing agency shall be required to retain
18records of all staff pre- and in-service training, and shall
19provide such records to the Department upon request and upon
20termination of the employer's contract with the Department. In
21addition, the employing agency is responsible for the issuance
22of certifications of in-service training completed to their
23employees.
24    The Department is required to develop a system to ensure
25that persons working as home care aides and personal assistants
26receive increases in their wages when the federal minimum wage

 

 

10000HB3342sam003- 99 -LRB100 08528 JWD 41189 a

1is increased by requiring vendors to certify that they are
2meeting the federal minimum wage statute for home care aides
3and personal assistants. An employer that cannot ensure that
4the minimum wage increase is being given to home care aides and
5personal assistants shall be denied any increase in
6reimbursement costs.
7    The Community Care Program Advisory Committee is created in
8the Department on Aging. The Director shall appoint individuals
9to serve in the Committee, who shall serve at their own
10expense. Members of the Committee must abide by all applicable
11ethics laws. The Committee shall advise the Department on
12issues related to the Department's program of services to
13prevent unnecessary institutionalization. The Committee shall
14meet on a bi-monthly basis and shall serve to identify and
15advise the Department on present and potential issues affecting
16the service delivery network, the program's clients, and the
17Department and to recommend solution strategies. Persons
18appointed to the Committee shall be appointed on, but not
19limited to, their own and their agency's experience with the
20program, geographic representation, and willingness to serve.
21The Director shall appoint members to the Committee to
22represent provider, advocacy, policy research, and other
23constituencies committed to the delivery of high quality home
24and community-based services to older adults. Representatives
25shall be appointed to ensure representation from community care
26providers including, but not limited to, adult day service

 

 

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1providers, homemaker providers, case coordination and case
2management units, emergency home response providers, statewide
3trade or labor unions that represent home care aides and direct
4care staff, area agencies on aging, adults over age 60,
5membership organizations representing older adults, and other
6organizational entities, providers of care, or individuals
7with demonstrated interest and expertise in the field of home
8and community care as determined by the Director.
9    Nominations may be presented from any agency or State
10association with interest in the program. The Director, or his
11or her designee, shall serve as the permanent co-chair of the
12advisory committee. One other co-chair shall be nominated and
13approved by the members of the committee on an annual basis.
14Committee members' terms of appointment shall be for 4 years
15with one-quarter of the appointees' terms expiring each year. A
16member shall continue to serve until his or her replacement is
17named. The Department shall fill vacancies that have a
18remaining term of over one year, and this replacement shall
19occur through the annual replacement of expiring terms. The
20Director shall designate Department staff to provide technical
21assistance and staff support to the committee. Department
22representation shall not constitute membership of the
23committee. All Committee papers, issues, recommendations,
24reports, and meeting memoranda are advisory only. The Director,
25or his or her designee, shall make a written report, as
26requested by the Committee, regarding issues before the

 

 

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1Committee.
2    The Department on Aging and the Department of Human
3Services shall cooperate in the development and submission of
4an annual report on programs and services provided under this
5Section. Such joint report shall be filed with the Governor and
6the General Assembly on or before September 30 each year.
7    The requirement for reporting to the General Assembly shall
8be satisfied by filing copies of the report with the Speaker,
9the Minority Leader and the Clerk of the House of
10Representatives and the President, the Minority Leader and the
11Secretary of the Senate and the Legislative Research Unit, as
12required by Section 3.1 of the General Assembly Organization
13Act and filing such additional copies with the State Government
14Report Distribution Center for the General Assembly as is
15required under paragraph (t) of Section 7 of the State Library
16Act.
17    Those persons previously found eligible for receiving
18non-institutional services whose services were discontinued
19under the Emergency Budget Act of Fiscal Year 1992, and who do
20not meet the eligibility standards in effect on or after July
211, 1992, shall remain ineligible on and after July 1, 1992.
22Those persons previously not required to cost-share and who
23were required to cost-share effective March 1, 1992, shall
24continue to meet cost-share requirements on and after July 1,
251992. Beginning July 1, 1992, all clients will be required to
26meet eligibility, cost-share, and other requirements and will

 

 

10000HB3342sam003- 102 -LRB100 08528 JWD 41189 a

1have services discontinued or altered when they fail to meet
2these requirements.
3    For the purposes of this Section, "flexible senior
4services" refers to services that require one-time or periodic
5expenditures including, but not limited to, respite care, home
6modification, assistive technology, housing assistance, and
7transportation.
8    The Department shall implement an electronic service
9verification based on global positioning systems or other
10cost-effective technology for the Community Care Program no
11later than January 1, 2014.
12    The Department shall require, as a condition of
13eligibility, enrollment in the medical assistance program
14under Article V of the Illinois Public Aid Code (i) beginning
15August 1, 2013, if the Auditor General has reported that the
16Department has failed to comply with the reporting requirements
17of Section 2-27 of the Illinois State Auditing Act; or (ii)
18beginning June 1, 2014, if the Auditor General has reported
19that the Department has not undertaken the required actions
20listed in the report required by subsection (a) of Section 2-27
21of the Illinois State Auditing Act.
22    The Department shall delay Community Care Program services
23until an applicant is determined eligible for medical
24assistance under Article V of the Illinois Public Aid Code (i)
25beginning August 1, 2013, if the Auditor General has reported
26that the Department has failed to comply with the reporting

 

 

10000HB3342sam003- 103 -LRB100 08528 JWD 41189 a

1requirements of Section 2-27 of the Illinois State Auditing
2Act; or (ii) beginning June 1, 2014, if the Auditor General has
3reported that the Department has not undertaken the required
4actions listed in the report required by subsection (a) of
5Section 2-27 of the Illinois State Auditing Act.
6    The Department shall implement co-payments for the
7Community Care Program at the federally allowable maximum level
8(i) beginning August 1, 2013, if the Auditor General has
9reported that the Department has failed to comply with the
10reporting requirements of Section 2-27 of the Illinois State
11Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
12General has reported that the Department has not undertaken the
13required actions listed in the report required by subsection
14(a) of Section 2-27 of the Illinois State Auditing Act.
15    The Department shall provide a bi-monthly report on the
16progress of the Community Care Program reforms set forth in
17this amendatory Act of the 98th General Assembly to the
18Governor, the Speaker of the House of Representatives, the
19Minority Leader of the House of Representatives, the President
20of the Senate, and the Minority Leader of the Senate.
21    The Department shall conduct a quarterly review of Care
22Coordination Unit performance and adherence to service
23guidelines. The quarterly review shall be reported to the
24Speaker of the House of Representatives, the Minority Leader of
25the House of Representatives, the President of the Senate, and
26the Minority Leader of the Senate. The Department shall collect

 

 

10000HB3342sam003- 104 -LRB100 08528 JWD 41189 a

1and report longitudinal data on the performance of each care
2coordination unit. Nothing in this paragraph shall be construed
3to require the Department to identify specific care
4coordination units.
5    In regard to community care providers, failure to comply
6with Department on Aging policies shall be cause for
7disciplinary action, including, but not limited to,
8disqualification from serving Community Care Program clients.
9Each provider, upon submission of any bill or invoice to the
10Department for payment for services rendered, shall include a
11notarized statement, under penalty of perjury pursuant to
12Section 1-109 of the Code of Civil Procedure, that the provider
13has complied with all Department policies.
14    The Director of the Department on Aging shall make
15information available to the State Board of Elections as may be
16required by an agreement the State Board of Elections has
17entered into with a multi-state voter registration list
18maintenance system.
19    Within 30 days after July 6, 2017 (the effective date of
20Public Act 100-23) this amendatory Act of the 100th General
21Assembly, rates shall be increased to $18.29 per hour, for the
22purpose of increasing, by at least $.72 per hour, the wages
23paid by those vendors to their employees who provide homemaker
24services. The Department shall pay an enhanced rate under the
25Community Care Program to those in-home service provider
26agencies that offer health insurance coverage as a benefit to

 

 

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1their direct service worker employees consistent with the
2mandates of Public Act 95-713. For State fiscal years year 2018
3and 2019, the enhanced rate shall be $1.77 per hour. The rate
4shall be adjusted using actuarial analysis based on the cost of
5care, but shall not be set below $1.77 per hour. The Department
6shall adopt rules, including emergency rules under subsections
7subsection (y) and (bb) of Section 5-45 of the Illinois
8Administrative Procedure Act, to implement the provisions of
9this paragraph.
10    The General Assembly finds it necessary to authorize an
11aggressive Medicaid enrollment initiative designed to maximize
12federal Medicaid funding for the Community Care Program which
13produces significant savings for the State of Illinois. The
14Department on Aging shall establish and implement a Community
15Care Program Medicaid Initiative. Under the Initiative, the
16Department on Aging shall, at a minimum: (i) provide an
17enhanced rate to adequately compensate care coordination units
18to enroll eligible Community Care Program clients into
19Medicaid; (ii) use recommendations from a stakeholder
20committee on how best to implement the Initiative; and (iii)
21establish requirements for State agencies to make enrollment in
22the State's Medical Assistance program easier for seniors.
23    The Community Care Program Medicaid Enrollment Oversight
24Subcommittee is created as a subcommittee of the Older Adult
25Services Advisory Committee established in Section 35 of the
26Older Adult Services Act to make recommendations on how best to

 

 

10000HB3342sam003- 106 -LRB100 08528 JWD 41189 a

1increase the number of medical assistance recipients who are
2enrolled in the Community Care Program. The Subcommittee shall
3consist of all of the following persons who must be appointed
4within 30 days after the effective date of this amendatory Act
5of the 100th General Assembly:
6        (1) The Director of Aging, or his or her designee, who
7    shall serve as the chairperson of the Subcommittee.
8        (2) One representative of the Department of Healthcare
9    and Family Services, appointed by the Director of
10    Healthcare and Family Services.
11        (3) One representative of the Department of Human
12    Services, appointed by the Secretary of Human Services.
13        (4) One individual representing a care coordination
14    unit, appointed by the Director of Aging.
15        (5) One individual from a non-governmental statewide
16    organization that advocates for seniors, appointed by the
17    Director of Aging.
18        (6) One individual representing Area Agencies on
19    Aging, appointed by the Director of Aging.
20        (7) One individual from a statewide association
21    dedicated to Alzheimer's care, support, and research,
22    appointed by the Director of Aging.
23        (8) One individual from an organization that employs
24    persons who provide services under the Community Care
25    Program, appointed by the Director of Aging.
26        (9) One member of a trade or labor union representing

 

 

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1    persons who provide services under the Community Care
2    Program, appointed by the Director of Aging.
3        (10) One member of the Senate, who shall serve as
4    co-chairperson, appointed by the President of the Senate.
5        (11) One member of the Senate, who shall serve as
6    co-chairperson, appointed by the Minority Leader of the
7    Senate.
8        (12) One member of the House of Representatives, who
9    shall serve as co-chairperson, appointed by the Speaker of
10    the House of Representatives.
11        (13) One member of the House of Representatives, who
12    shall serve as co-chairperson, appointed by the Minority
13    Leader of the House of Representatives.
14        (14) One individual appointed by a labor organization
15    representing frontline employees at the Department of
16    Human Services.
17    The Subcommittee shall provide oversight to the Community
18Care Program Medicaid Initiative and shall meet quarterly. At
19each Subcommittee meeting the Department on Aging shall provide
20the following data sets to the Subcommittee: (A) the number of
21Illinois residents, categorized by planning and service area,
22who are receiving services under the Community Care Program and
23are enrolled in the State's Medical Assistance Program; (B) the
24number of Illinois residents, categorized by planning and
25service area, who are receiving services under the Community
26Care Program, but are not enrolled in the State's Medical

 

 

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1Assistance Program; and (C) the number of Illinois residents,
2categorized by planning and service area, who are receiving
3services under the Community Care Program and are eligible for
4benefits under the State's Medical Assistance Program, but are
5not enrolled in the State's Medical Assistance Program. In
6addition to this data, the Department on Aging shall provide
7the Subcommittee with plans on how the Department on Aging will
8reduce the number of Illinois residents who are not enrolled in
9the State's Medical Assistance Program but who are eligible for
10medical assistance benefits. The Department on Aging shall
11enroll in the State's Medical Assistance Program those Illinois
12residents who receive services under the Community Care Program
13and are eligible for medical assistance benefits but are not
14enrolled in the State's Medicaid Assistance Program. The data
15provided to the Subcommittee shall be made available to the
16public via the Department on Aging's website.
17    The Department on Aging, with the involvement of the
18Subcommittee, shall collaborate with the Department of Human
19Services and the Department of Healthcare and Family Services
20on how best to achieve the responsibilities of the Community
21Care Program Medicaid Initiative.
22    The Department on Aging, the Department of Human Services,
23and the Department of Healthcare and Family Services shall
24coordinate and implement a streamlined process for seniors to
25access benefits under the State's Medical Assistance Program.
26    The Subcommittee shall collaborate with the Department of

 

 

10000HB3342sam003- 109 -LRB100 08528 JWD 41189 a

1Human Services on the adoption of a uniform application
2submission process. The Department of Human Services and any
3other State agency involved with processing the medical
4assistance application of any person enrolled in the Community
5Care Program shall include the appropriate care coordination
6unit in all communications related to the determination or
7status of the application.
8    The Community Care Program Medicaid Initiative shall
9provide targeted funding to care coordination units to help
10seniors complete their applications for medical assistance
11benefits. On and after July 1, 2019, care coordination units
12shall receive no less than $200 per completed application.
13    The Community Care Program Medicaid Initiative shall cease
14operation 5 years after the effective date of this amendatory
15Act of the 100th General Assembly, after which the Subcommittee
16shall dissolve.
17(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17.)
 
18    Section 15-10. The Alcoholism and Other Drug Abuse and
19Dependency Act is amended by adding Section 55-30 as follows:
 
20    (20 ILCS 301/55-30)
21    Sec. 55-30. Rate increase.
22    (a) Within 30 days after July 6, 2017 (the effective date
23of Public Act 100-23) this amendatory Act of the 100th General
24Assembly, the Division of Alcoholism and Substance Abuse shall

 

 

10000HB3342sam003- 110 -LRB100 08528 JWD 41189 a

1by rule develop the increased rate methodology and annualize
2the increased rate beginning with State fiscal year 2018
3contracts to licensed providers of community based addiction
4treatment, based on the additional amounts appropriated for the
5purpose of providing a rate increase to licensed providers of
6community based addiction treatment. The Department shall
7adopt rules, including emergency rules under subsection (y) of
8Section 5-45 of the Illinois Administrative Procedure Act, to
9implement the provisions of this Section.
10    (b) Within 30 days after the effective date of this
11amendatory Act of the 100th General Assembly, the Division of
12Substance Use Prevention and Recovery shall apply an increase
13in rates of 3% above the rate paid on June 30, 2017 to all
14Medicaid and non-Medicaid reimbursable service rates. The
15Department shall adopt rules, including emergency rules under
16subsection (bb) of Section 5-45 of the Illinois Administrative
17Procedure Act, to implement the provisions of this subsection
18(b).
19(Source: P.A. 100-23, eff. 7-6-17.)
 
20    Section 15-15. The Mental Health and Developmental
21Disabilities Administrative Act is amended by adding Section 75
22as follows:
 
23    (20 ILCS 1705/75)
24    Sec. 75. Rate increase. Within 30 days after July 6, 2017

 

 

10000HB3342sam003- 111 -LRB100 08528 JWD 41189 a

1(the effective date of Public Act 100-23) this amendatory Act
2of the 100th General Assembly, the Division of Mental Health
3shall by rule develop the increased rate methodology and
4annualize the increased rate beginning with State fiscal year
52018 contracts to certified community mental health centers,
6based on the additional amounts appropriated for the purpose of
7providing a rate increase to certified community mental health
8centers, with the annualization to be maintained in State
9fiscal year 2019. The Department shall adopt rules, including
10emergency rules under subsections subsection (y) and (bb) of
11Section 5-45 of the Illinois Administrative Procedure Act, to
12implement the provisions of this Section.
13(Source: P.A. 100-23, eff. 7-6-17.)
 
14    Section 15-20. The Rehabilitation of Persons with
15Disabilities Act is amended by changing Section 3 as follows:
 
16    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
17    Sec. 3. Powers and duties. The Department shall have the
18powers and duties enumerated herein:
19        (a) To co-operate with the federal government in the
20    administration of the provisions of the federal
21    Rehabilitation Act of 1973, as amended, of the Workforce
22    Innovation and Opportunity Act, and of the federal Social
23    Security Act to the extent and in the manner provided in
24    these Acts.

 

 

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1        (b) To prescribe and supervise such courses of
2    vocational training and provide such other services as may
3    be necessary for the habilitation and rehabilitation of
4    persons with one or more disabilities, including the
5    administrative activities under subsection (e) of this
6    Section, and to co-operate with State and local school
7    authorities and other recognized agencies engaged in
8    habilitation, rehabilitation and comprehensive
9    rehabilitation services; and to cooperate with the
10    Department of Children and Family Services regarding the
11    care and education of children with one or more
12    disabilities.
13        (c) (Blank).
14        (d) To report in writing, to the Governor, annually on
15    or before the first day of December, and at such other
16    times and in such manner and upon such subjects as the
17    Governor may require. The annual report shall contain (1) a
18    statement of the existing condition of comprehensive
19    rehabilitation services, habilitation and rehabilitation
20    in the State; (2) a statement of suggestions and
21    recommendations with reference to the development of
22    comprehensive rehabilitation services, habilitation and
23    rehabilitation in the State; and (3) an itemized statement
24    of the amounts of money received from federal, State and
25    other sources, and of the objects and purposes to which the
26    respective items of these several amounts have been

 

 

10000HB3342sam003- 113 -LRB100 08528 JWD 41189 a

1    devoted.
2        (e) (Blank).
3        (f) To establish a program of services to prevent the
4    unnecessary institutionalization of persons in need of
5    long term care and who meet the criteria for blindness or
6    disability as defined by the Social Security Act, thereby
7    enabling them to remain in their own homes. Such preventive
8    services include any or all of the following:
9            (1) personal assistant services;
10            (2) homemaker services;
11            (3) home-delivered meals;
12            (4) adult day care services;
13            (5) respite care;
14            (6) home modification or assistive equipment;
15            (7) home health services;
16            (8) electronic home response;
17            (9) brain injury behavioral/cognitive services;
18            (10) brain injury habilitation;
19            (11) brain injury pre-vocational services; or
20            (12) brain injury supported employment.
21        The Department shall establish eligibility standards
22    for such services taking into consideration the unique
23    economic and social needs of the population for whom they
24    are to be provided. Such eligibility standards may be based
25    on the recipient's ability to pay for services; provided,
26    however, that any portion of a person's income that is

 

 

10000HB3342sam003- 114 -LRB100 08528 JWD 41189 a

1    equal to or less than the "protected income" level shall
2    not be considered by the Department in determining
3    eligibility. The "protected income" level shall be
4    determined by the Department, shall never be less than the
5    federal poverty standard, and shall be adjusted each year
6    to reflect changes in the Consumer Price Index For All
7    Urban Consumers as determined by the United States
8    Department of Labor. The standards must provide that a
9    person may not have more than $10,000 in assets to be
10    eligible for the services, and the Department may increase
11    or decrease the asset limitation by rule. The Department
12    may not decrease the asset level below $10,000.
13        The services shall be provided, as established by the
14    Department by rule, to eligible persons to prevent
15    unnecessary or premature institutionalization, to the
16    extent that the cost of the services, together with the
17    other personal maintenance expenses of the persons, are
18    reasonably related to the standards established for care in
19    a group facility appropriate to their condition. These
20    non-institutional services, pilot projects or experimental
21    facilities may be provided as part of or in addition to
22    those authorized by federal law or those funded and
23    administered by the Illinois Department on Aging. The
24    Department shall set rates and fees for services in a fair
25    and equitable manner. Services identical to those offered
26    by the Department on Aging shall be paid at the same rate.

 

 

10000HB3342sam003- 115 -LRB100 08528 JWD 41189 a

1        Except as otherwise provided in this paragraph,
2    personal Personal assistants shall be paid at a rate
3    negotiated between the State and an exclusive
4    representative of personal assistants under a collective
5    bargaining agreement. In no case shall the Department pay
6    personal assistants an hourly wage that is less than the
7    federal minimum wage. Within 30 days after July 6, 2017
8    (the effective date of Public Act 100-23) this amendatory
9    Act of the 100th General Assembly, the hourly wage paid to
10    personal assistants and individual maintenance home health
11    workers shall be increased by $0.48 per hour.
12        Solely for the purposes of coverage under the Illinois
13    Public Labor Relations Act, personal assistants providing
14    services under the Department's Home Services Program
15    shall be considered to be public employees and the State of
16    Illinois shall be considered to be their employer as of
17    July 16, 2003 (the effective date of Public Act 93-204)
18    this amendatory Act of the 93rd General Assembly, but not
19    before. Solely for the purposes of coverage under the
20    Illinois Public Labor Relations Act, home care and home
21    health workers who function as personal assistants and
22    individual maintenance home health workers and who also
23    provide services under the Department's Home Services
24    Program shall be considered to be public employees, no
25    matter whether the State provides such services through
26    direct fee-for-service arrangements, with the assistance

 

 

10000HB3342sam003- 116 -LRB100 08528 JWD 41189 a

1    of a managed care organization or other intermediary, or
2    otherwise, and the State of Illinois shall be considered to
3    be the employer of those persons as of January 29, 2013
4    (the effective date of Public Act 97-1158), but not before
5    except as otherwise provided under this subsection (f). The
6    State shall engage in collective bargaining with an
7    exclusive representative of home care and home health
8    workers who function as personal assistants and individual
9    maintenance home health workers working under the Home
10    Services Program concerning their terms and conditions of
11    employment that are within the State's control. Nothing in
12    this paragraph shall be understood to limit the right of
13    the persons receiving services defined in this Section to
14    hire and fire home care and home health workers who
15    function as personal assistants and individual maintenance
16    home health workers working under the Home Services Program
17    or to supervise them within the limitations set by the Home
18    Services Program. The State shall not be considered to be
19    the employer of home care and home health workers who
20    function as personal assistants and individual maintenance
21    home health workers working under the Home Services Program
22    for any purposes not specifically provided in Public Act
23    93-204 or Public Act 97-1158, including but not limited to,
24    purposes of vicarious liability in tort and purposes of
25    statutory retirement or health insurance benefits. Home
26    care and home health workers who function as personal

 

 

10000HB3342sam003- 117 -LRB100 08528 JWD 41189 a

1    assistants and individual maintenance home health workers
2    and who also provide services under the Department's Home
3    Services Program shall not be covered by the State
4    Employees Group Insurance Act of 1971.
5        The Department shall execute, relative to nursing home
6    prescreening, as authorized by Section 4.03 of the Illinois
7    Act on the Aging, written inter-agency agreements with the
8    Department on Aging and the Department of Healthcare and
9    Family Services, to effect the intake procedures and
10    eligibility criteria for those persons who may need long
11    term care. On and after July 1, 1996, all nursing home
12    prescreenings for individuals 18 through 59 years of age
13    shall be conducted by the Department, or a designee of the
14    Department.
15        The Department is authorized to establish a system of
16    recipient cost-sharing for services provided under this
17    Section. The cost-sharing shall be based upon the
18    recipient's ability to pay for services, but in no case
19    shall the recipient's share exceed the actual cost of the
20    services provided. Protected income shall not be
21    considered by the Department in its determination of the
22    recipient's ability to pay a share of the cost of services.
23    The level of cost-sharing shall be adjusted each year to
24    reflect changes in the "protected income" level. The
25    Department shall deduct from the recipient's share of the
26    cost of services any money expended by the recipient for

 

 

10000HB3342sam003- 118 -LRB100 08528 JWD 41189 a

1    disability-related expenses.
2        To the extent permitted under the federal Social
3    Security Act, the Department, or the Department's
4    authorized representative, may recover the amount of
5    moneys expended for services provided to or in behalf of a
6    person under this Section by a claim against the person's
7    estate or against the estate of the person's surviving
8    spouse, but no recovery may be had until after the death of
9    the surviving spouse, if any, and then only at such time
10    when there is no surviving child who is under age 21 or
11    blind or who has a permanent and total disability. This
12    paragraph, however, shall not bar recovery, at the death of
13    the person, of moneys for services provided to the person
14    or in behalf of the person under this Section to which the
15    person was not entitled; provided that such recovery shall
16    not be enforced against any real estate while it is
17    occupied as a homestead by the surviving spouse or other
18    dependent, if no claims by other creditors have been filed
19    against the estate, or, if such claims have been filed,
20    they remain dormant for failure of prosecution or failure
21    of the claimant to compel administration of the estate for
22    the purpose of payment. This paragraph shall not bar
23    recovery from the estate of a spouse, under Sections 1915
24    and 1924 of the Social Security Act and Section 5-4 of the
25    Illinois Public Aid Code, who precedes a person receiving
26    services under this Section in death. All moneys for

 

 

10000HB3342sam003- 119 -LRB100 08528 JWD 41189 a

1    services paid to or in behalf of the person under this
2    Section shall be claimed for recovery from the deceased
3    spouse's estate. "Homestead", as used in this paragraph,
4    means the dwelling house and contiguous real estate
5    occupied by a surviving spouse or relative, as defined by
6    the rules and regulations of the Department of Healthcare
7    and Family Services, regardless of the value of the
8    property.
9        The Department shall submit an annual report on
10    programs and services provided under this Section. The
11    report shall be filed with the Governor and the General
12    Assembly on or before March 30 each year.
13        The requirement for reporting to the General Assembly
14    shall be satisfied by filing copies of the report with the
15    Speaker, the Minority Leader and the Clerk of the House of
16    Representatives and the President, the Minority Leader and
17    the Secretary of the Senate and the Legislative Research
18    Unit, as required by Section 3.1 of the General Assembly
19    Organization Act, and filing additional copies with the
20    State Government Report Distribution Center for the
21    General Assembly as required under paragraph (t) of Section
22    7 of the State Library Act.
23        (g) To establish such subdivisions of the Department as
24    shall be desirable and assign to the various subdivisions
25    the responsibilities and duties placed upon the Department
26    by law.

 

 

10000HB3342sam003- 120 -LRB100 08528 JWD 41189 a

1        (h) To cooperate and enter into any necessary
2    agreements with the Department of Employment Security for
3    the provision of job placement and job referral services to
4    clients of the Department, including job service
5    registration of such clients with Illinois Employment
6    Security offices and making job listings maintained by the
7    Department of Employment Security available to such
8    clients.
9        (i) To possess all powers reasonable and necessary for
10    the exercise and administration of the powers, duties and
11    responsibilities of the Department which are provided for
12    by law.
13        (j) (Blank).
14        (k) (Blank).
15        (l) To establish, operate, and maintain a Statewide
16    Housing Clearinghouse of information on available,
17    government subsidized housing accessible to persons with
18    disabilities and available privately owned housing
19    accessible to persons with disabilities. The information
20    shall include, but not be limited to, the location, rental
21    requirements, access features and proximity to public
22    transportation of available housing. The Clearinghouse
23    shall consist of at least a computerized database for the
24    storage and retrieval of information and a separate or
25    shared toll free telephone number for use by those seeking
26    information from the Clearinghouse. Department offices and

 

 

10000HB3342sam003- 121 -LRB100 08528 JWD 41189 a

1    personnel throughout the State shall also assist in the
2    operation of the Statewide Housing Clearinghouse.
3    Cooperation with local, State, and federal housing
4    managers shall be sought and extended in order to
5    frequently and promptly update the Clearinghouse's
6    information.
7        (m) To assure that the names and case records of
8    persons who received or are receiving services from the
9    Department, including persons receiving vocational
10    rehabilitation, home services, or other services, and
11    those attending one of the Department's schools or other
12    supervised facility shall be confidential and not be open
13    to the general public. Those case records and reports or
14    the information contained in those records and reports
15    shall be disclosed by the Director only to proper law
16    enforcement officials, individuals authorized by a court,
17    the General Assembly or any committee or commission of the
18    General Assembly, and other persons and for reasons as the
19    Director designates by rule. Disclosure by the Director may
20    be only in accordance with other applicable law.
21(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
22100-477, eff. 9-8-17; revised 9-27-17.)
 
23    Section 15-25. The Older Adult Services Act is amended by
24changing Section 35 as follows:
 

 

 

10000HB3342sam003- 122 -LRB100 08528 JWD 41189 a

1    (320 ILCS 42/35)
2    Sec. 35. Older Adult Services Advisory Committee.
3    (a) The Older Adult Services Advisory Committee is created
4to advise the directors of Aging, Healthcare and Family
5Services, and Public Health on all matters related to this Act
6and the delivery of services to older adults in general.
7    (b) The Advisory Committee shall be comprised of the
8following:
9        (1) The Director of Aging or his or her designee, who
10    shall serve as chair and shall be an ex officio and
11    nonvoting member.
12        (2) The Director of Healthcare and Family Services and
13    the Director of Public Health or their designees, who shall
14    serve as vice-chairs and shall be ex officio and nonvoting
15    members.
16        (3) One representative each of the Governor's Office,
17    the Department of Healthcare and Family Services, the
18    Department of Public Health, the Department of Veterans'
19    Affairs, the Department of Human Services, the Department
20    of Insurance, the Department of Commerce and Economic
21    Opportunity, the Department on Aging, the Department on
22    Aging's State Long Term Care Ombudsman, the Illinois
23    Housing Finance Authority, and the Illinois Housing
24    Development Authority, each of whom shall be selected by
25    his or her respective director and shall be an ex officio
26    and nonvoting member.

 

 

10000HB3342sam003- 123 -LRB100 08528 JWD 41189 a

1        (4) Thirty members appointed by the Director of Aging
2    in collaboration with the directors of Public Health and
3    Healthcare and Family Services, and selected from the
4    recommendations of statewide associations and
5    organizations, as follows:
6            (A) One member representing the Area Agencies on
7        Aging;
8            (B) Four members representing nursing homes or
9        licensed assisted living establishments;
10            (C) One member representing home health agencies;
11            (D) One member representing case management
12        services;
13            (E) One member representing statewide senior
14        center associations;
15            (F) One member representing Community Care Program
16        homemaker services;
17            (G) One member representing Community Care Program
18        adult day services;
19            (H) One member representing nutrition project
20        directors;
21            (I) One member representing hospice programs;
22            (J) One member representing individuals with
23        Alzheimer's disease and related dementias;
24            (K) Two members representing statewide trade or
25        labor unions;
26            (L) One advanced practice registered nurse with

 

 

10000HB3342sam003- 124 -LRB100 08528 JWD 41189 a

1        experience in gerontological nursing;
2            (M) One physician specializing in gerontology;
3            (N) One member representing regional long-term
4        care ombudsmen;
5            (O) One member representing municipal, township,
6        or county officials;
7            (P) (Blank);
8            (Q) (Blank);
9            (R) One member representing the parish nurse
10        movement;
11            (S) One member representing pharmacists;
12            (T) Two members representing statewide
13        organizations engaging in advocacy or legal
14        representation on behalf of the senior population;
15            (U) Two family caregivers;
16            (V) Two citizen members over the age of 60;
17            (W) One citizen with knowledge in the area of
18        gerontology research or health care law;
19            (X) One representative of health care facilities
20        licensed under the Hospital Licensing Act; and
21            (Y) One representative of primary care service
22        providers.
23    The Director of Aging, in collaboration with the Directors
24of Public Health and Healthcare and Family Services, may
25appoint additional citizen members to the Older Adult Services
26Advisory Committee. Each such additional member must be either

 

 

10000HB3342sam003- 125 -LRB100 08528 JWD 41189 a

1an individual age 60 or older or an uncompensated caregiver for
2a family member or friend who is age 60 or older.
3    (c) Voting members of the Advisory Committee shall serve
4for a term of 3 years or until a replacement is named. All
5members shall be appointed no later than January 1, 2005. Of
6the initial appointees, as determined by lot, 10 members shall
7serve a term of one year; 10 shall serve for a term of 2 years;
8and 12 shall serve for a term of 3 years. Any member appointed
9to fill a vacancy occurring prior to the expiration of the term
10for which his or her predecessor was appointed shall be
11appointed for the remainder of that term. The Advisory
12Committee shall meet at least quarterly and may meet more
13frequently at the call of the Chair. A simple majority of those
14appointed shall constitute a quorum. The affirmative vote of a
15majority of those present and voting shall be necessary for
16Advisory Committee action. Members of the Advisory Committee
17shall receive no compensation for their services.
18    (d) The Advisory Committee shall have an Executive
19Committee comprised of the Chair, the Vice Chairs, and up to 15
20members of the Advisory Committee appointed by the Chair who
21have demonstrated expertise in developing, implementing, or
22coordinating the system restructuring initiatives defined in
23Section 25. The Executive Committee shall have responsibility
24to oversee and structure the operations of the Advisory
25Committee and to create and appoint necessary subcommittees and
26subcommittee members. The Advisory Committee's Community Care

 

 

10000HB3342sam003- 126 -LRB100 08528 JWD 41189 a

1Program Medicaid Enrollment Oversight Subcommittee shall have
2the membership and powers and duties set forth in Section 4.02
3of the Illinois Act on the Aging.
4    (e) The Advisory Committee shall study and make
5recommendations related to the implementation of this Act,
6including but not limited to system restructuring initiatives
7as defined in Section 25 or otherwise related to this Act.
8(Source: P.A. 100-513, eff. 1-1-18.)
 
9
ARTICLE 20. TAX COMPLIANCE AND ADMINISTRATION FUND

 
10    Section 20-5. The State Finance Act is amended by changing
11Section 6z-20 as follows:
 
12    (30 ILCS 105/6z-20)  (from Ch. 127, par. 142z-20)
13    Sec. 6z-20. County and Mass Transit District Fund. Of the
14money received from the 6.25% general rate (and, beginning July
151, 2000 and through December 31, 2000, the 1.25% rate on motor
16fuel and gasohol, and beginning on August 6, 2010 through
17August 15, 2010, the 1.25% rate on sales tax holiday items) on
18sales subject to taxation under the Retailers' Occupation Tax
19Act and Service Occupation Tax Act and paid into the County and
20Mass Transit District Fund, distribution to the Regional
21Transportation Authority tax fund, created pursuant to Section
224.03 of the Regional Transportation Authority Act, for deposit
23therein shall be made based upon the retail sales occurring in

 

 

10000HB3342sam003- 127 -LRB100 08528 JWD 41189 a

1a county having more than 3,000,000 inhabitants. The remainder
2shall be distributed to each county having 3,000,000 or fewer
3inhabitants based upon the retail sales occurring in each such
4county.
5    For the purpose of determining allocation to the local
6government unit, a retail sale by a producer of coal or other
7mineral mined in Illinois is a sale at retail at the place
8where the coal or other mineral mined in Illinois is extracted
9from the earth. This paragraph does not apply to coal or other
10mineral when it is delivered or shipped by the seller to the
11purchaser at a point outside Illinois so that the sale is
12exempt under the United States Constitution as a sale in
13interstate or foreign commerce.
14    Of the money received from the 6.25% general use tax rate
15on tangible personal property which is purchased outside
16Illinois at retail from a retailer and which is titled or
17registered by any agency of this State's government and paid
18into the County and Mass Transit District Fund, the amount for
19which Illinois addresses for titling or registration purposes
20are given as being in each county having more than 3,000,000
21inhabitants shall be distributed into the Regional
22Transportation Authority tax fund, created pursuant to Section
234.03 of the Regional Transportation Authority Act. The
24remainder of the money paid from such sales shall be
25distributed to each county based on sales for which Illinois
26addresses for titling or registration purposes are given as

 

 

10000HB3342sam003- 128 -LRB100 08528 JWD 41189 a

1being located in the county. Any money paid into the Regional
2Transportation Authority Occupation and Use Tax Replacement
3Fund from the County and Mass Transit District Fund prior to
4January 14, 1991, which has not been paid to the Authority
5prior to that date, shall be transferred to the Regional
6Transportation Authority tax fund.
7    Whenever the Department determines that a refund of money
8paid into the County and Mass Transit District Fund should be
9made to a claimant instead of issuing a credit memorandum, the
10Department shall notify the State Comptroller, who shall cause
11the order to be drawn for the amount specified, and to the
12person named, in such notification from the Department. Such
13refund shall be paid by the State Treasurer out of the County
14and Mass Transit District Fund.
15    As soon as possible after the first day of each month,
16beginning January 1, 2011, upon certification of the Department
17of Revenue, the Comptroller shall order transferred, and the
18Treasurer shall transfer, to the STAR Bonds Revenue Fund the
19local sales tax increment, as defined in the Innovation
20Development and Economy Act, collected during the second
21preceding calendar month for sales within a STAR bond district
22and deposited into the County and Mass Transit District Fund,
23less 3% of that amount, which shall be transferred into the Tax
24Compliance and Administration Fund and shall be used by the
25Department, subject to appropriation, to cover the costs of the
26Department in administering the Innovation Development and

 

 

10000HB3342sam003- 129 -LRB100 08528 JWD 41189 a

1Economy Act.
2    After the monthly transfer to the STAR Bonds Revenue Fund,
3on or before the 25th day of each calendar month, the
4Department shall prepare and certify to the Comptroller the
5disbursement of stated sums of money to the Regional
6Transportation Authority and to named counties, the counties to
7be those entitled to distribution, as hereinabove provided, of
8taxes or penalties paid to the Department during the second
9preceding calendar month. The amount to be paid to the Regional
10Transportation Authority and each county having 3,000,000 or
11fewer inhabitants shall be the amount (not including credit
12memoranda) collected during the second preceding calendar
13month by the Department and paid into the County and Mass
14Transit District Fund, plus an amount the Department determines
15is necessary to offset any amounts which were erroneously paid
16to a different taxing body, and not including an amount equal
17to the amount of refunds made during the second preceding
18calendar month by the Department, and not including any amount
19which the Department determines is necessary to offset any
20amounts which were payable to a different taxing body but were
21erroneously paid to the Regional Transportation Authority or
22county, and not including any amounts that are transferred to
23the STAR Bonds Revenue Fund, less 1.5% 2% of the amount to be
24paid to the Regional Transportation Authority, which shall be
25transferred into the Tax Compliance and Administration Fund.
26The Department, at the time of each monthly disbursement to the

 

 

10000HB3342sam003- 130 -LRB100 08528 JWD 41189 a

1Regional Transportation Authority, shall prepare and certify
2to the State Comptroller the amount to be transferred into the
3Tax Compliance and Administration Fund under this Section.
4Within 10 days after receipt, by the Comptroller, of the
5disbursement certification to the Regional Transportation
6Authority, counties, and the Tax Compliance and Administration
7Fund provided for in this Section to be given to the
8Comptroller by the Department, the Comptroller shall cause the
9orders to be drawn for the respective amounts in accordance
10with the directions contained in such certification.
11    When certifying the amount of a monthly disbursement to the
12Regional Transportation Authority or to a county under this
13Section, the Department shall increase or decrease that amount
14by an amount necessary to offset any misallocation of previous
15disbursements. The offset amount shall be the amount
16erroneously disbursed within the 6 months preceding the time a
17misallocation is discovered.
18    The provisions directing the distributions from the
19special fund in the State Treasury provided for in this Section
20and from the Regional Transportation Authority tax fund created
21by Section 4.03 of the Regional Transportation Authority Act
22shall constitute an irrevocable and continuing appropriation
23of all amounts as provided herein. The State Treasurer and
24State Comptroller are hereby authorized to make distributions
25as provided in this Section.
26    In construing any development, redevelopment, annexation,

 

 

10000HB3342sam003- 131 -LRB100 08528 JWD 41189 a

1preannexation or other lawful agreement in effect prior to
2September 1, 1990, which describes or refers to receipts from a
3county or municipal retailers' occupation tax, use tax or
4service occupation tax which now cannot be imposed, such
5description or reference shall be deemed to include the
6replacement revenue for such abolished taxes, distributed from
7the County and Mass Transit District Fund or Local Government
8Distributive Fund, as the case may be.
9(Source: P.A. 100-23, eff. 7-6-17.)
 
10    Section 20-10. The Counties Code is amended by changing
11Sections 5-1006, 5-1006.5, and 5-1007 as follows:
 
12    (55 ILCS 5/5-1006)  (from Ch. 34, par. 5-1006)
13    Sec. 5-1006. Home Rule County Retailers' Occupation Tax
14Law. Any county that is a home rule unit may impose a tax upon
15all persons engaged in the business of selling tangible
16personal property, other than an item of tangible personal
17property titled or registered with an agency of this State's
18government, at retail in the county on the gross receipts from
19such sales made in the course of their business. If imposed,
20this tax shall only be imposed in 1/4% increments. On and after
21September 1, 1991, this additional tax may not be imposed on
22the sales of food for human consumption which is to be consumed
23off the premises where it is sold (other than alcoholic
24beverages, soft drinks and food which has been prepared for

 

 

10000HB3342sam003- 132 -LRB100 08528 JWD 41189 a

1immediate consumption) and prescription and nonprescription
2medicines, drugs, medical appliances and insulin, urine
3testing materials, syringes and needles used by diabetics. The
4tax imposed by a home rule county pursuant to this Section and
5all civil penalties that may be assessed as an incident thereof
6shall be collected and enforced by the State Department of
7Revenue. The certificate of registration that is issued by the
8Department to a retailer under the Retailers' Occupation Tax
9Act shall permit the retailer to engage in a business that is
10taxable under any ordinance or resolution enacted pursuant to
11this Section without registering separately with the
12Department under such ordinance or resolution or under this
13Section. The Department shall have full power to administer and
14enforce this Section; to collect all taxes and penalties due
15hereunder; to dispose of taxes and penalties so collected in
16the manner hereinafter provided; and to determine all rights to
17credit memoranda arising on account of the erroneous payment of
18tax or penalty hereunder. In the administration of, and
19compliance with, this Section, the Department and persons who
20are subject to this Section shall have the same rights,
21remedies, privileges, immunities, powers and duties, and be
22subject to the same conditions, restrictions, limitations,
23penalties and definitions of terms, and employ the same modes
24of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,
251e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all
26provisions therein other than the State rate of tax), 4, 5, 5a,

 

 

10000HB3342sam003- 133 -LRB100 08528 JWD 41189 a

15b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
27, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
3and Section 3-7 of the Uniform Penalty and Interest Act, as
4fully as if those provisions were set forth herein.
5    No tax may be imposed by a home rule county pursuant to
6this Section unless the county also imposes a tax at the same
7rate pursuant to Section 5-1007.
8    Persons subject to any tax imposed pursuant to the
9authority granted in this Section may reimburse themselves for
10their seller's tax liability hereunder by separately stating
11such tax as an additional charge, which charge may be stated in
12combination, in a single amount, with State tax which sellers
13are required to collect under the Use Tax Act, pursuant to such
14bracket schedules as the Department may prescribe.
15    Whenever the Department determines that a refund should be
16made under this Section to a claimant instead of issuing a
17credit memorandum, the Department shall notify the State
18Comptroller, who shall cause the order to be drawn for the
19amount specified and to the person named in the notification
20from the Department. The refund shall be paid by the State
21Treasurer out of the home rule county retailers' occupation tax
22fund.
23    The Department shall forthwith pay over to the State
24Treasurer, ex officio, as trustee, all taxes and penalties
25collected hereunder.
26    As soon as possible after the first day of each month,

 

 

10000HB3342sam003- 134 -LRB100 08528 JWD 41189 a

1beginning January 1, 2011, upon certification of the Department
2of Revenue, the Comptroller shall order transferred, and the
3Treasurer shall transfer, to the STAR Bonds Revenue Fund the
4local sales tax increment, as defined in the Innovation
5Development and Economy Act, collected under this Section
6during the second preceding calendar month for sales within a
7STAR bond district.
8    After the monthly transfer to the STAR Bonds Revenue Fund,
9on or before the 25th day of each calendar month, the
10Department shall prepare and certify to the Comptroller the
11disbursement of stated sums of money to named counties, the
12counties to be those from which retailers have paid taxes or
13penalties hereunder to the Department during the second
14preceding calendar month. The amount to be paid to each county
15shall be the amount (not including credit memoranda) collected
16hereunder during the second preceding calendar month by the
17Department plus an amount the Department determines is
18necessary to offset any amounts that were erroneously paid to a
19different taxing body, and not including an amount equal to the
20amount of refunds made during the second preceding calendar
21month by the Department on behalf of such county, and not
22including any amount which the Department determines is
23necessary to offset any amounts which were payable to a
24different taxing body but were erroneously paid to the county,
25and not including any amounts that are transferred to the STAR
26Bonds Revenue Fund, less 1.5% 2% of the remainder, which the

 

 

10000HB3342sam003- 135 -LRB100 08528 JWD 41189 a

1Department shall transfer into the Tax Compliance and
2Administration Fund. The Department, at the time of each
3monthly disbursement to the counties, shall prepare and certify
4to the State Comptroller the amount to be transferred into the
5Tax Compliance and Administration Fund under this Section.
6Within 10 days after receipt, by the Comptroller, of the
7disbursement certification to the counties and the Tax
8Compliance and Administration Fund provided for in this Section
9to be given to the Comptroller by the Department, the
10Comptroller shall cause the orders to be drawn for the
11respective amounts in accordance with the directions contained
12in the certification.
13    In addition to the disbursement required by the preceding
14paragraph, an allocation shall be made in March of each year to
15each county that received more than $500,000 in disbursements
16under the preceding paragraph in the preceding calendar year.
17The allocation shall be in an amount equal to the average
18monthly distribution made to each such county under the
19preceding paragraph during the preceding calendar year
20(excluding the 2 months of highest receipts). The distribution
21made in March of each year subsequent to the year in which an
22allocation was made pursuant to this paragraph and the
23preceding paragraph shall be reduced by the amount allocated
24and disbursed under this paragraph in the preceding calendar
25year. The Department shall prepare and certify to the
26Comptroller for disbursement the allocations made in

 

 

10000HB3342sam003- 136 -LRB100 08528 JWD 41189 a

1accordance with this paragraph.
2    For the purpose of determining the local governmental unit
3whose tax is applicable, a retail sale by a producer of coal or
4other mineral mined in Illinois is a sale at retail at the
5place where the coal or other mineral mined in Illinois is
6extracted from the earth. This paragraph does not apply to coal
7or other mineral when it is delivered or shipped by the seller
8to the purchaser at a point outside Illinois so that the sale
9is exempt under the United States Constitution as a sale in
10interstate or foreign commerce.
11    Nothing in this Section shall be construed to authorize a
12county to impose a tax upon the privilege of engaging in any
13business which under the Constitution of the United States may
14not be made the subject of taxation by this State.
15    An ordinance or resolution imposing or discontinuing a tax
16hereunder or effecting a change in the rate thereof shall be
17adopted and a certified copy thereof filed with the Department
18on or before the first day of June, whereupon the Department
19shall proceed to administer and enforce this Section as of the
20first day of September next following such adoption and filing.
21Beginning January 1, 1992, an ordinance or resolution imposing
22or discontinuing the tax hereunder or effecting a change in the
23rate thereof shall be adopted and a certified copy thereof
24filed with the Department on or before the first day of July,
25whereupon the Department shall proceed to administer and
26enforce this Section as of the first day of October next

 

 

10000HB3342sam003- 137 -LRB100 08528 JWD 41189 a

1following such adoption and filing. Beginning January 1, 1993,
2an ordinance or resolution imposing or discontinuing the tax
3hereunder or effecting a change in the rate thereof shall be
4adopted and a certified copy thereof filed with the Department
5on or before the first day of October, whereupon the Department
6shall proceed to administer and enforce this Section as of the
7first day of January next following such adoption and filing.
8Beginning April 1, 1998, an ordinance or resolution imposing or
9discontinuing the tax hereunder or effecting a change in the
10rate thereof shall either (i) be adopted and a certified copy
11thereof filed with the Department on or before the first day of
12April, whereupon the Department shall proceed to administer and
13enforce this Section as of the first day of July next following
14the adoption and filing; or (ii) be adopted and a certified
15copy thereof filed with the Department on or before the first
16day of October, whereupon the Department shall proceed to
17administer and enforce this Section as of the first day of
18January next following the adoption and filing.
19    When certifying the amount of a monthly disbursement to a
20county under this Section, the Department shall increase or
21decrease such amount by an amount necessary to offset any
22misallocation of previous disbursements. The offset amount
23shall be the amount erroneously disbursed within the previous 6
24months from the time a misallocation is discovered.
25    This Section shall be known and may be cited as the Home
26Rule County Retailers' Occupation Tax Law.

 

 

10000HB3342sam003- 138 -LRB100 08528 JWD 41189 a

1(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
 
2    (55 ILCS 5/5-1006.5)
3    Sec. 5-1006.5. Special County Retailers' Occupation Tax
4For Public Safety, Public Facilities, or Transportation.
5    (a) The county board of any county may impose a tax upon
6all persons engaged in the business of selling tangible
7personal property, other than personal property titled or
8registered with an agency of this State's government, at retail
9in the county on the gross receipts from the sales made in the
10course of business to provide revenue to be used exclusively
11for public safety, public facility, or transportation purposes
12in that county, if a proposition for the tax has been submitted
13to the electors of that county and approved by a majority of
14those voting on the question. If imposed, this tax shall be
15imposed only in one-quarter percent increments. By resolution,
16the county board may order the proposition to be submitted at
17any election. If the tax is imposed for transportation purposes
18for expenditures for public highways or as authorized under the
19Illinois Highway Code, the county board must publish notice of
20the existence of its long-range highway transportation plan as
21required or described in Section 5-301 of the Illinois Highway
22Code and must make the plan publicly available prior to
23approval of the ordinance or resolution imposing the tax. If
24the tax is imposed for transportation purposes for expenditures
25for passenger rail transportation, the county board must

 

 

10000HB3342sam003- 139 -LRB100 08528 JWD 41189 a

1publish notice of the existence of its long-range passenger
2rail transportation plan and must make the plan publicly
3available prior to approval of the ordinance or resolution
4imposing the tax.
5    If a tax is imposed for public facilities purposes, then
6the name of the project may be included in the proposition at
7the discretion of the county board as determined in the
8enabling resolution. For example, the "XXX Nursing Home" or the
9"YYY Museum".
10    The county clerk shall certify the question to the proper
11election authority, who shall submit the proposition at an
12election in accordance with the general election law.
13        (1) The proposition for public safety purposes shall be
14    in substantially the following form:
15        "To pay for public safety purposes, shall (name of
16    county) be authorized to impose an increase on its share of
17    local sales taxes by (insert rate)?"
18        As additional information on the ballot below the
19    question shall appear the following:
20        "This would mean that a consumer would pay an
21    additional (insert amount) in sales tax for every $100 of
22    tangible personal property bought at retail."
23        The county board may also opt to establish a sunset
24    provision at which time the additional sales tax would
25    cease being collected, if not terminated earlier by a vote
26    of the county board. If the county board votes to include a

 

 

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1    sunset provision, the proposition for public safety
2    purposes shall be in substantially the following form:
3        "To pay for public safety purposes, shall (name of
4    county) be authorized to impose an increase on its share of
5    local sales taxes by (insert rate) for a period not to
6    exceed (insert number of years)?"
7        As additional information on the ballot below the
8    question shall appear the following:
9        "This would mean that a consumer would pay an
10    additional (insert amount) in sales tax for every $100 of
11    tangible personal property bought at retail. If imposed,
12    the additional tax would cease being collected at the end
13    of (insert number of years), if not terminated earlier by a
14    vote of the county board."
15        For the purposes of the paragraph, "public safety
16    purposes" means crime prevention, detention, fire
17    fighting, police, medical, ambulance, or other emergency
18    services.
19        Votes shall be recorded as "Yes" or "No".
20        Beginning on the January 1 or July 1, whichever is
21    first, that occurs not less than 30 days after May 31, 2015
22    (the effective date of Public Act 99-4), Adams County may
23    impose a public safety retailers' occupation tax and
24    service occupation tax at the rate of 0.25%, as provided in
25    the referendum approved by the voters on April 7, 2015,
26    notwithstanding the omission of the additional information

 

 

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1    that is otherwise required to be printed on the ballot
2    below the question pursuant to this item (1).
3        (2) The proposition for transportation purposes shall
4    be in substantially the following form:
5        "To pay for improvements to roads and other
6    transportation purposes, shall (name of county) be
7    authorized to impose an increase on its share of local
8    sales taxes by (insert rate)?"
9        As additional information on the ballot below the
10    question shall appear the following:
11        "This would mean that a consumer would pay an
12    additional (insert amount) in sales tax for every $100 of
13    tangible personal property bought at retail."
14        The county board may also opt to establish a sunset
15    provision at which time the additional sales tax would
16    cease being collected, if not terminated earlier by a vote
17    of the county board. If the county board votes to include a
18    sunset provision, the proposition for transportation
19    purposes shall be in substantially the following form:
20        "To pay for road improvements and other transportation
21    purposes, shall (name of county) be authorized to impose an
22    increase on its share of local sales taxes by (insert rate)
23    for a period not to exceed (insert number of years)?"
24        As additional information on the ballot below the
25    question shall appear the following:
26        "This would mean that a consumer would pay an

 

 

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1    additional (insert amount) in sales tax for every $100 of
2    tangible personal property bought at retail. If imposed,
3    the additional tax would cease being collected at the end
4    of (insert number of years), if not terminated earlier by a
5    vote of the county board."
6        For the purposes of this paragraph, transportation
7    purposes means construction, maintenance, operation, and
8    improvement of public highways, any other purpose for which
9    a county may expend funds under the Illinois Highway Code,
10    and passenger rail transportation.
11        The votes shall be recorded as "Yes" or "No".
12        (3) The proposition for public facilities purposes
13    shall be in substantially the following form:
14        "To pay for public facilities purposes, shall (name of
15    county) be authorized to impose an increase on its share of
16    local sales taxes by (insert rate)?"
17        As additional information on the ballot below the
18    question shall appear the following:
19        "This would mean that a consumer would pay an
20    additional (insert amount) in sales tax for every $100 of
21    tangible personal property bought at retail."
22        The county board may also opt to establish a sunset
23    provision at which time the additional sales tax would
24    cease being collected, if not terminated earlier by a vote
25    of the county board. If the county board votes to include a
26    sunset provision, the proposition for public facilities

 

 

10000HB3342sam003- 143 -LRB100 08528 JWD 41189 a

1    purposes shall be in substantially the following form:
2        "To pay for public facilities purposes, shall (name of
3    county) be authorized to impose an increase on its share of
4    local sales taxes by (insert rate) for a period not to
5    exceed (insert number of years)?"
6        As additional information on the ballot below the
7    question shall appear the following:
8        "This would mean that a consumer would pay an
9    additional (insert amount) in sales tax for every $100 of
10    tangible personal property bought at retail. If imposed,
11    the additional tax would cease being collected at the end
12    of (insert number of years), if not terminated earlier by a
13    vote of the county board."
14        For purposes of this Section, "public facilities
15    purposes" means the acquisition, development,
16    construction, reconstruction, rehabilitation, improvement,
17    financing, architectural planning, and installation of
18    capital facilities consisting of buildings, structures,
19    and durable equipment and for the acquisition and
20    improvement of real property and interest in real property
21    required, or expected to be required, in connection with
22    the public facilities, for use by the county for the
23    furnishing of governmental services to its citizens,
24    including but not limited to museums and nursing homes.
25        The votes shall be recorded as "Yes" or "No".
26    If a majority of the electors voting on the proposition

 

 

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1vote in favor of it, the county may impose the tax. A county
2may not submit more than one proposition authorized by this
3Section to the electors at any one time.
4    This additional tax may not be imposed on the sales of food
5for human consumption that is to be consumed off the premises
6where it is sold (other than alcoholic beverages, soft drinks,
7and food which has been prepared for immediate consumption) and
8prescription and non-prescription medicines, drugs, medical
9appliances and insulin, urine testing materials, syringes, and
10needles used by diabetics. The tax imposed by a county under
11this Section and all civil penalties that may be assessed as an
12incident of the tax shall be collected and enforced by the
13Illinois Department of Revenue and deposited into a special
14fund created for that purpose. The certificate of registration
15that is issued by the Department to a retailer under the
16Retailers' Occupation Tax Act shall permit the retailer to
17engage in a business that is taxable without registering
18separately with the Department under an ordinance or resolution
19under this Section. The Department has full power to administer
20and enforce this Section, to collect all taxes and penalties
21due under this Section, to dispose of taxes and penalties so
22collected in the manner provided in this Section, and to
23determine all rights to credit memoranda arising on account of
24the erroneous payment of a tax or penalty under this Section.
25In the administration of and compliance with this Section, the
26Department and persons who are subject to this Section shall

 

 

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1(i) have the same rights, remedies, privileges, immunities,
2powers, and duties, (ii) be subject to the same conditions,
3restrictions, limitations, penalties, and definitions of
4terms, and (iii) employ the same modes of procedure as are
5prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
61n, 2 through 2-70 (in respect to all provisions contained in
7those Sections other than the State rate of tax), 2a, 2b, 2c, 3
8(except provisions relating to transaction returns and quarter
9monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,
105j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13
11of the Retailers' Occupation Tax Act and Section 3-7 of the
12Uniform Penalty and Interest Act as if those provisions were
13set forth in this Section.
14    Persons subject to any tax imposed under the authority
15granted in this Section may reimburse themselves for their
16sellers' tax liability by separately stating the tax as an
17additional charge, which charge may be stated in combination,
18in a single amount, with State tax which sellers are required
19to collect under the Use Tax Act, pursuant to such bracketed
20schedules as the Department may prescribe.
21    Whenever the Department determines that a refund should be
22made under this Section to a claimant instead of issuing a
23credit memorandum, the Department shall notify the State
24Comptroller, who shall cause the order to be drawn for the
25amount specified and to the person named in the notification
26from the Department. The refund shall be paid by the State

 

 

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1Treasurer out of the County Public Safety or Transportation
2Retailers' Occupation Tax Fund.
3    (b) If a tax has been imposed under subsection (a), a
4service occupation tax shall also be imposed at the same rate
5upon all persons engaged, in the county, in the business of
6making sales of service, who, as an incident to making those
7sales of service, transfer tangible personal property within
8the county as an incident to a sale of service. This tax may
9not be imposed on sales of food for human consumption that is
10to be consumed off the premises where it is sold (other than
11alcoholic beverages, soft drinks, and food prepared for
12immediate consumption) and prescription and non-prescription
13medicines, drugs, medical appliances and insulin, urine
14testing materials, syringes, and needles used by diabetics. The
15tax imposed under this subsection and all civil penalties that
16may be assessed as an incident thereof shall be collected and
17enforced by the Department of Revenue. The Department has full
18power to administer and enforce this subsection; to collect all
19taxes and penalties due hereunder; to dispose of taxes and
20penalties so collected in the manner hereinafter provided; and
21to determine all rights to credit memoranda arising on account
22of the erroneous payment of tax or penalty hereunder. In the
23administration of, and compliance with this subsection, the
24Department and persons who are subject to this paragraph shall
25(i) have the same rights, remedies, privileges, immunities,
26powers, and duties, (ii) be subject to the same conditions,

 

 

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1restrictions, limitations, penalties, exclusions, exemptions,
2and definitions of terms, and (iii) employ the same modes of
3procedure as are prescribed in Sections 2 (except that the
4reference to State in the definition of supplier maintaining a
5place of business in this State shall mean the county), 2a, 2b,
62c, 3 through 3-50 (in respect to all provisions therein other
7than the State rate of tax), 4 (except that the reference to
8the State shall be to the county), 5, 7, 8 (except that the
9jurisdiction to which the tax shall be a debt to the extent
10indicated in that Section 8 shall be the county), 9 (except as
11to the disposition of taxes and penalties collected), 10, 11,
1212 (except the reference therein to Section 2b of the
13Retailers' Occupation Tax Act), 13 (except that any reference
14to the State shall mean the county), Section 15, 16, 17, 18, 19
15and 20 of the Service Occupation Tax Act and Section 3-7 of the
16Uniform Penalty and Interest Act, as fully as if those
17provisions were set forth herein.
18    Persons subject to any tax imposed under the authority
19granted in this subsection may reimburse themselves for their
20serviceman's tax liability by separately stating the tax as an
21additional charge, which charge may be stated in combination,
22in a single amount, with State tax that servicemen are
23authorized to collect under the Service Use Tax Act, in
24accordance with such bracket schedules as the Department may
25prescribe.
26    Whenever the Department determines that a refund should be

 

 

10000HB3342sam003- 148 -LRB100 08528 JWD 41189 a

1made under this subsection to a claimant instead of issuing a
2credit memorandum, the Department shall notify the State
3Comptroller, who shall cause the warrant to be drawn for the
4amount specified, and to the person named, in the notification
5from the Department. The refund shall be paid by the State
6Treasurer out of the County Public Safety or Transportation
7Retailers' Occupation Fund.
8    Nothing in this subsection shall be construed to authorize
9the county to impose a tax upon the privilege of engaging in
10any business which under the Constitution of the United States
11may not be made the subject of taxation by the State.
12    (c) The Department shall immediately pay over to the State
13Treasurer, ex officio, as trustee, all taxes and penalties
14collected under this Section to be deposited into the County
15Public Safety or Transportation Retailers' Occupation Tax
16Fund, which shall be an unappropriated trust fund held outside
17of the State treasury.
18    As soon as possible after the first day of each month,
19beginning January 1, 2011, upon certification of the Department
20of Revenue, the Comptroller shall order transferred, and the
21Treasurer shall transfer, to the STAR Bonds Revenue Fund the
22local sales tax increment, as defined in the Innovation
23Development and Economy Act, collected under this Section
24during the second preceding calendar month for sales within a
25STAR bond district.
26    After the monthly transfer to the STAR Bonds Revenue Fund,

 

 

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1on or before the 25th day of each calendar month, the
2Department shall prepare and certify to the Comptroller the
3disbursement of stated sums of money to the counties from which
4retailers have paid taxes or penalties to the Department during
5the second preceding calendar month. The amount to be paid to
6each county, and deposited by the county into its special fund
7created for the purposes of this Section, shall be the amount
8(not including credit memoranda) collected under this Section
9during the second preceding calendar month by the Department
10plus an amount the Department determines is necessary to offset
11any amounts that were erroneously paid to a different taxing
12body, and not including (i) an amount equal to the amount of
13refunds made during the second preceding calendar month by the
14Department on behalf of the county, (ii) any amount that the
15Department determines is necessary to offset any amounts that
16were payable to a different taxing body but were erroneously
17paid to the county, (iii) any amounts that are transferred to
18the STAR Bonds Revenue Fund, and (iv) 1.5% 2% of the remainder,
19which shall be transferred into the Tax Compliance and
20Administration Fund. The Department, at the time of each
21monthly disbursement to the counties, shall prepare and certify
22to the State Comptroller the amount to be transferred into the
23Tax Compliance and Administration Fund under this subsection.
24Within 10 days after receipt by the Comptroller of the
25disbursement certification to the counties and the Tax
26Compliance and Administration Fund provided for in this Section

 

 

10000HB3342sam003- 150 -LRB100 08528 JWD 41189 a

1to be given to the Comptroller by the Department, the
2Comptroller shall cause the orders to be drawn for the
3respective amounts in accordance with directions contained in
4the certification.
5    In addition to the disbursement required by the preceding
6paragraph, an allocation shall be made in March of each year to
7each county that received more than $500,000 in disbursements
8under the preceding paragraph in the preceding calendar year.
9The allocation shall be in an amount equal to the average
10monthly distribution made to each such county under the
11preceding paragraph during the preceding calendar year
12(excluding the 2 months of highest receipts). The distribution
13made in March of each year subsequent to the year in which an
14allocation was made pursuant to this paragraph and the
15preceding paragraph shall be reduced by the amount allocated
16and disbursed under this paragraph in the preceding calendar
17year. The Department shall prepare and certify to the
18Comptroller for disbursement the allocations made in
19accordance with this paragraph.
20    A county may direct, by ordinance, that all or a portion of
21the taxes and penalties collected under the Special County
22Retailers' Occupation Tax For Public Safety or Transportation
23be deposited into the Transportation Development Partnership
24Trust Fund.
25    (d) For the purpose of determining the local governmental
26unit whose tax is applicable, a retail sale by a producer of

 

 

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1coal or another mineral mined in Illinois is a sale at retail
2at the place where the coal or other mineral mined in Illinois
3is extracted from the earth. This paragraph does not apply to
4coal or another mineral when it is delivered or shipped by the
5seller to the purchaser at a point outside Illinois so that the
6sale is exempt under the United States Constitution as a sale
7in interstate or foreign commerce.
8    (e) Nothing in this Section shall be construed to authorize
9a county to impose a tax upon the privilege of engaging in any
10business that under the Constitution of the United States may
11not be made the subject of taxation by this State.
12    (e-5) If a county imposes a tax under this Section, the
13county board may, by ordinance, discontinue or lower the rate
14of the tax. If the county board lowers the tax rate or
15discontinues the tax, a referendum must be held in accordance
16with subsection (a) of this Section in order to increase the
17rate of the tax or to reimpose the discontinued tax.
18    (f) Beginning April 1, 1998 and through December 31, 2013,
19the results of any election authorizing a proposition to impose
20a tax under this Section or effecting a change in the rate of
21tax, or any ordinance lowering the rate or discontinuing the
22tax, shall be certified by the county clerk and filed with the
23Illinois Department of Revenue either (i) on or before the
24first day of April, whereupon the Department shall proceed to
25administer and enforce the tax as of the first day of July next
26following the filing; or (ii) on or before the first day of

 

 

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1October, whereupon the Department shall proceed to administer
2and enforce the tax as of the first day of January next
3following the filing.
4    Beginning January 1, 2014, the results of any election
5authorizing a proposition to impose a tax under this Section or
6effecting an increase in the rate of tax, along with the
7ordinance adopted to impose the tax or increase the rate of the
8tax, or any ordinance adopted to lower the rate or discontinue
9the tax, shall be certified by the county clerk and filed with
10the Illinois Department of Revenue either (i) on or before the
11first day of May, whereupon the Department shall proceed to
12administer and enforce the tax as of the first day of July next
13following the adoption and filing; or (ii) on or before the
14first day of October, whereupon the Department shall proceed to
15administer and enforce the tax as of the first day of January
16next following the adoption and filing.
17    (g) When certifying the amount of a monthly disbursement to
18a county under this Section, the Department shall increase or
19decrease the amounts by an amount necessary to offset any
20miscalculation of previous disbursements. The offset amount
21shall be the amount erroneously disbursed within the previous 6
22months from the time a miscalculation is discovered.
23    (h) This Section may be cited as the "Special County
24Occupation Tax For Public Safety, Public Facilities, or
25Transportation Law".
26    (i) For purposes of this Section, "public safety" includes,

 

 

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1but is not limited to, crime prevention, detention, fire
2fighting, police, medical, ambulance, or other emergency
3services. The county may share tax proceeds received under this
4Section for public safety purposes, including proceeds
5received before August 4, 2009 (the effective date of Public
6Act 96-124), with any fire protection district located in the
7county. For the purposes of this Section, "transportation"
8includes, but is not limited to, the construction, maintenance,
9operation, and improvement of public highways, any other
10purpose for which a county may expend funds under the Illinois
11Highway Code, and passenger rail transportation. For the
12purposes of this Section, "public facilities purposes"
13includes, but is not limited to, the acquisition, development,
14construction, reconstruction, rehabilitation, improvement,
15financing, architectural planning, and installation of capital
16facilities consisting of buildings, structures, and durable
17equipment and for the acquisition and improvement of real
18property and interest in real property required, or expected to
19be required, in connection with the public facilities, for use
20by the county for the furnishing of governmental services to
21its citizens, including but not limited to museums and nursing
22homes.
23    (j) The Department may promulgate rules to implement Public
24Act 95-1002 only to the extent necessary to apply the existing
25rules for the Special County Retailers' Occupation Tax for
26Public Safety to this new purpose for public facilities.

 

 

10000HB3342sam003- 154 -LRB100 08528 JWD 41189 a

1(Source: P.A. 99-4, eff. 5-31-15; 99-217, eff. 7-31-15; 99-642,
2eff. 7-28-16; 100-23, eff. 7-6-17.)
 
3    (55 ILCS 5/5-1007)  (from Ch. 34, par. 5-1007)
4    Sec. 5-1007. Home Rule County Service Occupation Tax Law.
5The corporate authorities of a home rule county may impose a
6tax upon all persons engaged, in such county, in the business
7of making sales of service at the same rate of tax imposed
8pursuant to Section 5-1006 of the selling price of all tangible
9personal property transferred by such servicemen either in the
10form of tangible personal property or in the form of real
11estate as an incident to a sale of service. If imposed, such
12tax shall only be imposed in 1/4% increments. On and after
13September 1, 1991, this additional tax may not be imposed on
14the sales of food for human consumption which is to be consumed
15off the premises where it is sold (other than alcoholic
16beverages, soft drinks and food which has been prepared for
17immediate consumption) and prescription and nonprescription
18medicines, drugs, medical appliances and insulin, urine
19testing materials, syringes and needles used by diabetics. The
20tax imposed by a home rule county pursuant to this Section and
21all civil penalties that may be assessed as an incident thereof
22shall be collected and enforced by the State Department of
23Revenue. The certificate of registration which is issued by the
24Department to a retailer under the Retailers' Occupation Tax
25Act or under the Service Occupation Tax Act shall permit such

 

 

10000HB3342sam003- 155 -LRB100 08528 JWD 41189 a

1registrant to engage in a business which is taxable under any
2ordinance or resolution enacted pursuant to this Section
3without registering separately with the Department under such
4ordinance or resolution or under this Section. The Department
5shall have full power to administer and enforce this Section;
6to collect all taxes and penalties due hereunder; to dispose of
7taxes and penalties so collected in the manner hereinafter
8provided; and to determine all rights to credit memoranda
9arising on account of the erroneous payment of tax or penalty
10hereunder. In the administration of, and compliance with, this
11Section the Department and persons who are subject to this
12Section shall have the same rights, remedies, privileges,
13immunities, powers and duties, and be subject to the same
14conditions, restrictions, limitations, penalties and
15definitions of terms, and employ the same modes of procedure,
16as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
17respect to all provisions therein other than the State rate of
18tax), 4 (except that the reference to the State shall be to the
19taxing county), 5, 7, 8 (except that the jurisdiction to which
20the tax shall be a debt to the extent indicated in that Section
218 shall be the taxing county), 9 (except as to the disposition
22of taxes and penalties collected, and except that the returned
23merchandise credit for this county tax may not be taken against
24any State tax), 10, 11, 12 (except the reference therein to
25Section 2b of the Retailers' Occupation Tax Act), 13 (except
26that any reference to the State shall mean the taxing county),

 

 

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1the first paragraph of Section 15, 16, 17, 18, 19 and 20 of the
2Service Occupation Tax Act and Section 3-7 of the Uniform
3Penalty and Interest Act, as fully as if those provisions were
4set forth herein.
5    No tax may be imposed by a home rule county pursuant to
6this Section unless such county also imposes a tax at the same
7rate pursuant to Section 5-1006.
8    Persons subject to any tax imposed pursuant to the
9authority granted in this Section may reimburse themselves for
10their serviceman's tax liability hereunder by separately
11stating such tax as an additional charge, which charge may be
12stated in combination, in a single amount, with State tax which
13servicemen are authorized to collect under the Service Use Tax
14Act, pursuant to such bracket schedules as the Department may
15prescribe.
16    Whenever the Department determines that a refund should be
17made under this Section to a claimant instead of issuing credit
18memorandum, the Department shall notify the State Comptroller,
19who shall cause the order to be drawn for the amount specified,
20and to the person named, in such notification from the
21Department. Such refund shall be paid by the State Treasurer
22out of the home rule county retailers' occupation tax fund.
23    The Department shall forthwith pay over to the State
24Treasurer, ex-officio, as trustee, all taxes and penalties
25collected hereunder.
26    As soon as possible after the first day of each month,

 

 

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1beginning January 1, 2011, upon certification of the Department
2of Revenue, the Comptroller shall order transferred, and the
3Treasurer shall transfer, to the STAR Bonds Revenue Fund the
4local sales tax increment, as defined in the Innovation
5Development and Economy Act, collected under this Section
6during the second preceding calendar month for sales within a
7STAR bond district.
8    After the monthly transfer to the STAR Bonds Revenue Fund,
9on or before the 25th day of each calendar month, the
10Department shall prepare and certify to the Comptroller the
11disbursement of stated sums of money to named counties, the
12counties to be those from which suppliers and servicemen have
13paid taxes or penalties hereunder to the Department during the
14second preceding calendar month. The amount to be paid to each
15county shall be the amount (not including credit memoranda)
16collected hereunder during the second preceding calendar month
17by the Department, and not including an amount equal to the
18amount of refunds made during the second preceding calendar
19month by the Department on behalf of such county, and not
20including any amounts that are transferred to the STAR Bonds
21Revenue Fund, less 1.5% 2% of the remainder, which the
22Department shall transfer into the Tax Compliance and
23Administration Fund. The Department, at the time of each
24monthly disbursement to the counties, shall prepare and certify
25to the State Comptroller the amount to be transferred into the
26Tax Compliance and Administration Fund under this Section.

 

 

10000HB3342sam003- 158 -LRB100 08528 JWD 41189 a

1Within 10 days after receipt, by the Comptroller, of the
2disbursement certification to the counties and the Tax
3Compliance and Administration Fund provided for in this Section
4to be given to the Comptroller by the Department, the
5Comptroller shall cause the orders to be drawn for the
6respective amounts in accordance with the directions contained
7in such certification.
8    In addition to the disbursement required by the preceding
9paragraph, an allocation shall be made in each year to each
10county which received more than $500,000 in disbursements under
11the preceding paragraph in the preceding calendar year. The
12allocation shall be in an amount equal to the average monthly
13distribution made to each such county under the preceding
14paragraph during the preceding calendar year (excluding the 2
15months of highest receipts). The distribution made in March of
16each year subsequent to the year in which an allocation was
17made pursuant to this paragraph and the preceding paragraph
18shall be reduced by the amount allocated and disbursed under
19this paragraph in the preceding calendar year. The Department
20shall prepare and certify to the Comptroller for disbursement
21the allocations made in accordance with this paragraph.
22    Nothing in this Section shall be construed to authorize a
23county to impose a tax upon the privilege of engaging in any
24business which under the Constitution of the United States may
25not be made the subject of taxation by this State.
26    An ordinance or resolution imposing or discontinuing a tax

 

 

10000HB3342sam003- 159 -LRB100 08528 JWD 41189 a

1hereunder or effecting a change in the rate thereof shall be
2adopted and a certified copy thereof filed with the Department
3on or before the first day of June, whereupon the Department
4shall proceed to administer and enforce this Section as of the
5first day of September next following such adoption and filing.
6Beginning January 1, 1992, an ordinance or resolution imposing
7or discontinuing the tax hereunder or effecting a change in the
8rate thereof shall be adopted and a certified copy thereof
9filed with the Department on or before the first day of July,
10whereupon the Department shall proceed to administer and
11enforce this Section as of the first day of October next
12following such adoption and filing. Beginning January 1, 1993,
13an ordinance or resolution imposing or discontinuing the tax
14hereunder or effecting a change in the rate thereof shall be
15adopted and a certified copy thereof filed with the Department
16on or before the first day of October, whereupon the Department
17shall proceed to administer and enforce this Section as of the
18first day of January next following such adoption and filing.
19Beginning April 1, 1998, an ordinance or resolution imposing or
20discontinuing the tax hereunder or effecting a change in the
21rate thereof shall either (i) be adopted and a certified copy
22thereof filed with the Department on or before the first day of
23April, whereupon the Department shall proceed to administer and
24enforce this Section as of the first day of July next following
25the adoption and filing; or (ii) be adopted and a certified
26copy thereof filed with the Department on or before the first

 

 

10000HB3342sam003- 160 -LRB100 08528 JWD 41189 a

1day of October, whereupon the Department shall proceed to
2administer and enforce this Section as of the first day of
3January next following the adoption and filing.
4    This Section shall be known and may be cited as the Home
5Rule County Service Occupation Tax Law.
6(Source: P.A. 100-23, eff. 7-6-17.)
 
7    Section 20-15. The Illinois Municipal Code is amended by
8changing Sections 8-11-1, 8-11-1.3, 8-11-1.4, 8-11-1.6,
98-11-1.7, and 8-11-5 as follows:
 
10    (65 ILCS 5/8-11-1)  (from Ch. 24, par. 8-11-1)
11    Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax
12Act. The corporate authorities of a home rule municipality may
13impose a tax upon all persons engaged in the business of
14selling tangible personal property, other than an item of
15tangible personal property titled or registered with an agency
16of this State's government, at retail in the municipality on
17the gross receipts from these sales made in the course of such
18business. If imposed, the tax shall only be imposed in 1/4%
19increments. On and after September 1, 1991, this additional tax
20may not be imposed on the sales of food for human consumption
21that is to be consumed off the premises where it is sold (other
22than alcoholic beverages, soft drinks and food that has been
23prepared for immediate consumption) and prescription and
24nonprescription medicines, drugs, medical appliances and

 

 

10000HB3342sam003- 161 -LRB100 08528 JWD 41189 a

1insulin, urine testing materials, syringes and needles used by
2diabetics. The tax imposed by a home rule municipality under
3this Section and all civil penalties that may be assessed as an
4incident of the tax shall be collected and enforced by the
5State Department of Revenue. The certificate of registration
6that is issued by the Department to a retailer under the
7Retailers' Occupation Tax Act shall permit the retailer to
8engage in a business that is taxable under any ordinance or
9resolution enacted pursuant to this Section without
10registering separately with the Department under such
11ordinance or resolution or under this Section. The Department
12shall have full power to administer and enforce this Section;
13to collect all taxes and penalties due hereunder; to dispose of
14taxes and penalties so collected in the manner hereinafter
15provided; and to determine all rights to credit memoranda
16arising on account of the erroneous payment of tax or penalty
17hereunder. In the administration of, and compliance with, this
18Section the Department and persons who are subject to this
19Section shall have the same rights, remedies, privileges,
20immunities, powers and duties, and be subject to the same
21conditions, restrictions, limitations, penalties and
22definitions of terms, and employ the same modes of procedure,
23as are prescribed in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k,
241m, 1n, 2 through 2-65 (in respect to all provisions therein
25other than the State rate of tax), 2c, 3 (except as to the
26disposition of taxes and penalties collected), 4, 5, 5a, 5b,

 

 

10000HB3342sam003- 162 -LRB100 08528 JWD 41189 a

15c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8,
29, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
3Section 3-7 of the Uniform Penalty and Interest Act, as fully
4as if those provisions were set forth herein.
5    No tax may be imposed by a home rule municipality under
6this Section unless the municipality also imposes a tax at the
7same rate under Section 8-11-5 of this Act.
8    Persons subject to any tax imposed under the authority
9granted in this Section may reimburse themselves for their
10seller's tax liability hereunder by separately stating that tax
11as an additional charge, which charge may be stated in
12combination, in a single amount, with State tax which sellers
13are required to collect under the Use Tax Act, pursuant to such
14bracket schedules as the Department may prescribe.
15    Whenever the Department determines that a refund should be
16made under this Section to a claimant instead of issuing a
17credit memorandum, the Department shall notify the State
18Comptroller, who shall cause the order to be drawn for the
19amount specified and to the person named in the notification
20from the Department. The refund shall be paid by the State
21Treasurer out of the home rule municipal retailers' occupation
22tax fund.
23    The Department shall immediately pay over to the State
24Treasurer, ex officio, as trustee, all taxes and penalties
25collected hereunder.
26    As soon as possible after the first day of each month,

 

 

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1beginning January 1, 2011, upon certification of the Department
2of Revenue, the Comptroller shall order transferred, and the
3Treasurer shall transfer, to the STAR Bonds Revenue Fund the
4local sales tax increment, as defined in the Innovation
5Development and Economy Act, collected under this Section
6during the second preceding calendar month for sales within a
7STAR bond district.
8    After the monthly transfer to the STAR Bonds Revenue Fund,
9on or before the 25th day of each calendar month, the
10Department shall prepare and certify to the Comptroller the
11disbursement of stated sums of money to named municipalities,
12the municipalities to be those from which retailers have paid
13taxes or penalties hereunder to the Department during the
14second preceding calendar month. The amount to be paid to each
15municipality shall be the amount (not including credit
16memoranda) collected hereunder during the second preceding
17calendar month by the Department plus an amount the Department
18determines is necessary to offset any amounts that were
19erroneously paid to a different taxing body, and not including
20an amount equal to the amount of refunds made during the second
21preceding calendar month by the Department on behalf of such
22municipality, and not including any amount that the Department
23determines is necessary to offset any amounts that were payable
24to a different taxing body but were erroneously paid to the
25municipality, and not including any amounts that are
26transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the

 

 

10000HB3342sam003- 164 -LRB100 08528 JWD 41189 a

1remainder, which the Department shall transfer into the Tax
2Compliance and Administration Fund. The Department, at the time
3of each monthly disbursement to the municipalities, shall
4prepare and certify to the State Comptroller the amount to be
5transferred into the Tax Compliance and Administration Fund
6under this Section. Within 10 days after receipt by the
7Comptroller of the disbursement certification to the
8municipalities and the Tax Compliance and Administration Fund
9provided for in this Section to be given to the Comptroller by
10the Department, the Comptroller shall cause the orders to be
11drawn for the respective amounts in accordance with the
12directions contained in the certification.
13    In addition to the disbursement required by the preceding
14paragraph and in order to mitigate delays caused by
15distribution procedures, an allocation shall, if requested, be
16made within 10 days after January 14, 1991, and in November of
171991 and each year thereafter, to each municipality that
18received more than $500,000 during the preceding fiscal year,
19(July 1 through June 30) whether collected by the municipality
20or disbursed by the Department as required by this Section.
21Within 10 days after January 14, 1991, participating
22municipalities shall notify the Department in writing of their
23intent to participate. In addition, for the initial
24distribution, participating municipalities shall certify to
25the Department the amounts collected by the municipality for
26each month under its home rule occupation and service

 

 

10000HB3342sam003- 165 -LRB100 08528 JWD 41189 a

1occupation tax during the period July 1, 1989 through June 30,
21990. The allocation within 10 days after January 14, 1991,
3shall be in an amount equal to the monthly average of these
4amounts, excluding the 2 months of highest receipts. The
5monthly average for the period of July 1, 1990 through June 30,
61991 will be determined as follows: the amounts collected by
7the municipality under its home rule occupation and service
8occupation tax during the period of July 1, 1990 through
9September 30, 1990, plus amounts collected by the Department
10and paid to such municipality through June 30, 1991, excluding
11the 2 months of highest receipts. The monthly average for each
12subsequent period of July 1 through June 30 shall be an amount
13equal to the monthly distribution made to each such
14municipality under the preceding paragraph during this period,
15excluding the 2 months of highest receipts. The distribution
16made in November 1991 and each year thereafter under this
17paragraph and the preceding paragraph shall be reduced by the
18amount allocated and disbursed under this paragraph in the
19preceding period of July 1 through June 30. The Department
20shall prepare and certify to the Comptroller for disbursement
21the allocations made in accordance with this paragraph.
22    For the purpose of determining the local governmental unit
23whose tax is applicable, a retail sale by a producer of coal or
24other mineral mined in Illinois is a sale at retail at the
25place where the coal or other mineral mined in Illinois is
26extracted from the earth. This paragraph does not apply to coal

 

 

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1or other mineral when it is delivered or shipped by the seller
2to the purchaser at a point outside Illinois so that the sale
3is exempt under the United States Constitution as a sale in
4interstate or foreign commerce.
5    Nothing in this Section shall be construed to authorize a
6municipality to impose a tax upon the privilege of engaging in
7any business which under the Constitution of the United States
8may not be made the subject of taxation by this State.
9    An ordinance or resolution imposing or discontinuing a tax
10hereunder or effecting a change in the rate thereof shall be
11adopted and a certified copy thereof filed with the Department
12on or before the first day of June, whereupon the Department
13shall proceed to administer and enforce this Section as of the
14first day of September next following the adoption and filing.
15Beginning January 1, 1992, an ordinance or resolution imposing
16or discontinuing the tax hereunder or effecting a change in the
17rate thereof shall be adopted and a certified copy thereof
18filed with the Department on or before the first day of July,
19whereupon the Department shall proceed to administer and
20enforce this Section as of the first day of October next
21following such adoption and filing. Beginning January 1, 1993,
22an ordinance or resolution imposing or discontinuing the tax
23hereunder or effecting a change in the rate thereof shall be
24adopted and a certified copy thereof filed with the Department
25on or before the first day of October, whereupon the Department
26shall proceed to administer and enforce this Section as of the

 

 

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1first day of January next following the adoption and filing.
2However, a municipality located in a county with a population
3in excess of 3,000,000 that elected to become a home rule unit
4at the general primary election in 1994 may adopt an ordinance
5or resolution imposing the tax under this Section and file a
6certified copy of the ordinance or resolution with the
7Department on or before July 1, 1994. The Department shall then
8proceed to administer and enforce this Section as of October 1,
91994. Beginning April 1, 1998, an ordinance or resolution
10imposing or discontinuing the tax hereunder or effecting a
11change in the rate thereof shall either (i) be adopted and a
12certified copy thereof filed with the Department on or before
13the first day of April, whereupon the Department shall proceed
14to administer and enforce this Section as of the first day of
15July next following the adoption and filing; or (ii) be adopted
16and a certified copy thereof filed with the Department on or
17before the first day of October, whereupon the Department shall
18proceed to administer and enforce this Section as of the first
19day of January next following the adoption and filing.
20    When certifying the amount of a monthly disbursement to a
21municipality under this Section, the Department shall increase
22or decrease the amount by an amount necessary to offset any
23misallocation of previous disbursements. The offset amount
24shall be the amount erroneously disbursed within the previous 6
25months from the time a misallocation is discovered.
26    Any unobligated balance remaining in the Municipal

 

 

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1Retailers' Occupation Tax Fund on December 31, 1989, which fund
2was abolished by Public Act 85-1135, and all receipts of
3municipal tax as a result of audits of liability periods prior
4to January 1, 1990, shall be paid into the Local Government Tax
5Fund for distribution as provided by this Section prior to the
6enactment of Public Act 85-1135. All receipts of municipal tax
7as a result of an assessment not arising from an audit, for
8liability periods prior to January 1, 1990, shall be paid into
9the Local Government Tax Fund for distribution before July 1,
101990, as provided by this Section prior to the enactment of
11Public Act 85-1135; and on and after July 1, 1990, all such
12receipts shall be distributed as provided in Section 6z-18 of
13the State Finance Act.
14    As used in this Section, "municipal" and "municipality"
15means a city, village or incorporated town, including an
16incorporated town that has superseded a civil township.
17    This Section shall be known and may be cited as the Home
18Rule Municipal Retailers' Occupation Tax Act.
19(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
 
20    (65 ILCS 5/8-11-1.3)  (from Ch. 24, par. 8-11-1.3)
21    Sec. 8-11-1.3. Non-Home Rule Municipal Retailers'
22Occupation Tax Act. The corporate authorities of a non-home
23rule municipality may impose a tax upon all persons engaged in
24the business of selling tangible personal property, other than
25on an item of tangible personal property which is titled and

 

 

10000HB3342sam003- 169 -LRB100 08528 JWD 41189 a

1registered by an agency of this State's Government, at retail
2in the municipality for expenditure on public infrastructure or
3for property tax relief or both as defined in Section 8-11-1.2
4if approved by referendum as provided in Section 8-11-1.1, of
5the gross receipts from such sales made in the course of such
6business. If the tax is approved by referendum on or after July
714, 2010 (the effective date of Public Act 96-1057), the
8corporate authorities of a non-home rule municipality may,
9until December 31, 2020, use the proceeds of the tax for
10expenditure on municipal operations, in addition to or in lieu
11of any expenditure on public infrastructure or for property tax
12relief. The tax imposed may not be more than 1% and may be
13imposed only in 1/4% increments. The tax may not be imposed on
14the sale of food for human consumption that is to be consumed
15off the premises where it is sold (other than alcoholic
16beverages, soft drinks, and food that has been prepared for
17immediate consumption) and prescription and nonprescription
18medicines, drugs, medical appliances, and insulin, urine
19testing materials, syringes, and needles used by diabetics. The
20tax imposed by a municipality pursuant to this Section and all
21civil penalties that may be assessed as an incident thereof
22shall be collected and enforced by the State Department of
23Revenue. The certificate of registration which is issued by the
24Department to a retailer under the Retailers' Occupation Tax
25Act shall permit such retailer to engage in a business which is
26taxable under any ordinance or resolution enacted pursuant to

 

 

10000HB3342sam003- 170 -LRB100 08528 JWD 41189 a

1this Section without registering separately with the
2Department under such ordinance or resolution or under this
3Section. The Department shall have full power to administer and
4enforce this Section; to collect all taxes and penalties due
5hereunder; to dispose of taxes and penalties so collected in
6the manner hereinafter provided, and to determine all rights to
7credit memoranda, arising on account of the erroneous payment
8of tax or penalty hereunder. In the administration of, and
9compliance with, this Section, the Department and persons who
10are subject to this Section shall have the same rights,
11remedies, privileges, immunities, powers and duties, and be
12subject to the same conditions, restrictions, limitations,
13penalties and definitions of terms, and employ the same modes
14of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,
151e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
16therein other than the State rate of tax), 2c, 3 (except as to
17the disposition of taxes and penalties collected), 4, 5, 5a,
185b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
197, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
20and Section 3-7 of the Uniform Penalty and Interest Act as
21fully as if those provisions were set forth herein.
22    No municipality may impose a tax under this Section unless
23the municipality also imposes a tax at the same rate under
24Section 8-11-1.4 of this Code.
25    Persons subject to any tax imposed pursuant to the
26authority granted in this Section may reimburse themselves for

 

 

10000HB3342sam003- 171 -LRB100 08528 JWD 41189 a

1their seller's tax liability hereunder by separately stating
2such tax as an additional charge, which charge may be stated in
3combination, in a single amount, with State tax which sellers
4are required to collect under the Use Tax Act, pursuant to such
5bracket schedules as the Department may prescribe.
6    Whenever the Department determines that a refund should be
7made under this Section to a claimant instead of issuing a
8credit memorandum, the Department shall notify the State
9Comptroller, who shall cause the order to be drawn for the
10amount specified, and to the person named, in such notification
11from the Department. Such refund shall be paid by the State
12Treasurer out of the non-home rule municipal retailers'
13occupation tax fund.
14    The Department shall forthwith pay over to the State
15Treasurer, ex officio, as trustee, all taxes and penalties
16collected hereunder.
17    As soon as possible after the first day of each month,
18beginning January 1, 2011, upon certification of the Department
19of Revenue, the Comptroller shall order transferred, and the
20Treasurer shall transfer, to the STAR Bonds Revenue Fund the
21local sales tax increment, as defined in the Innovation
22Development and Economy Act, collected under this Section
23during the second preceding calendar month for sales within a
24STAR bond district.
25    After the monthly transfer to the STAR Bonds Revenue Fund,
26on or before the 25th day of each calendar month, the

 

 

10000HB3342sam003- 172 -LRB100 08528 JWD 41189 a

1Department shall prepare and certify to the Comptroller the
2disbursement of stated sums of money to named municipalities,
3the municipalities to be those from which retailers have paid
4taxes or penalties hereunder to the Department during the
5second preceding calendar month. The amount to be paid to each
6municipality shall be the amount (not including credit
7memoranda) collected hereunder during the second preceding
8calendar month by the Department plus an amount the Department
9determines is necessary to offset any amounts which were
10erroneously paid to a different taxing body, and not including
11an amount equal to the amount of refunds made during the second
12preceding calendar month by the Department on behalf of such
13municipality, and not including any amount which the Department
14determines is necessary to offset any amounts which were
15payable to a different taxing body but were erroneously paid to
16the municipality, and not including any amounts that are
17transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
18remainder, which the Department shall transfer into the Tax
19Compliance and Administration Fund. The Department, at the time
20of each monthly disbursement to the municipalities, shall
21prepare and certify to the State Comptroller the amount to be
22transferred into the Tax Compliance and Administration Fund
23under this Section. Within 10 days after receipt, by the
24Comptroller, of the disbursement certification to the
25municipalities and the Tax Compliance and Administration Fund
26provided for in this Section to be given to the Comptroller by

 

 

10000HB3342sam003- 173 -LRB100 08528 JWD 41189 a

1the Department, the Comptroller shall cause the orders to be
2drawn for the respective amounts in accordance with the
3directions contained in such certification.
4    For the purpose of determining the local governmental unit
5whose tax is applicable, a retail sale, by a producer of coal
6or other mineral mined in Illinois, is a sale at retail at the
7place where the coal or other mineral mined in Illinois is
8extracted from the earth. This paragraph does not apply to coal
9or other mineral when it is delivered or shipped by the seller
10to the purchaser at a point outside Illinois so that the sale
11is exempt under the Federal Constitution as a sale in
12interstate or foreign commerce.
13    Nothing in this Section shall be construed to authorize a
14municipality to impose a tax upon the privilege of engaging in
15any business which under the constitution of the United States
16may not be made the subject of taxation by this State.
17    When certifying the amount of a monthly disbursement to a
18municipality under this Section, the Department shall increase
19or decrease such amount by an amount necessary to offset any
20misallocation of previous disbursements. The offset amount
21shall be the amount erroneously disbursed within the previous 6
22months from the time a misallocation is discovered.
23    The Department of Revenue shall implement this amendatory
24Act of the 91st General Assembly so as to collect the tax on
25and after January 1, 2002.
26    As used in this Section, "municipal" and "municipality"

 

 

10000HB3342sam003- 174 -LRB100 08528 JWD 41189 a

1means a city, village or incorporated town, including an
2incorporated town which has superseded a civil township.
3    This Section shall be known and may be cited as the
4"Non-Home Rule Municipal Retailers' Occupation Tax Act".
5(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
 
6    (65 ILCS 5/8-11-1.4)  (from Ch. 24, par. 8-11-1.4)
7    Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation
8Tax Act. The corporate authorities of a non-home rule
9municipality may impose a tax upon all persons engaged, in such
10municipality, in the business of making sales of service for
11expenditure on public infrastructure or for property tax relief
12or both as defined in Section 8-11-1.2 if approved by
13referendum as provided in Section 8-11-1.1, of the selling
14price of all tangible personal property transferred by such
15servicemen either in the form of tangible personal property or
16in the form of real estate as an incident to a sale of service.
17If the tax is approved by referendum on or after July 14, 2010
18(the effective date of Public Act 96-1057), the corporate
19authorities of a non-home rule municipality may, until December
2031, 2020, use the proceeds of the tax for expenditure on
21municipal operations, in addition to or in lieu of any
22expenditure on public infrastructure or for property tax
23relief. The tax imposed may not be more than 1% and may be
24imposed only in 1/4% increments. The tax may not be imposed on
25the sale of food for human consumption that is to be consumed

 

 

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1off the premises where it is sold (other than alcoholic
2beverages, soft drinks, and food that has been prepared for
3immediate consumption) and prescription and nonprescription
4medicines, drugs, medical appliances, and insulin, urine
5testing materials, syringes, and needles used by diabetics. The
6tax imposed by a municipality pursuant to this Section and all
7civil penalties that may be assessed as an incident thereof
8shall be collected and enforced by the State Department of
9Revenue. The certificate of registration which is issued by the
10Department to a retailer under the Retailers' Occupation Tax
11Act or under the Service Occupation Tax Act shall permit such
12registrant to engage in a business which is taxable under any
13ordinance or resolution enacted pursuant to this Section
14without registering separately with the Department under such
15ordinance or resolution or under this Section. The Department
16shall have full power to administer and enforce this Section;
17to collect all taxes and penalties due hereunder; to dispose of
18taxes and penalties so collected in the manner hereinafter
19provided, and to determine all rights to credit memoranda
20arising on account of the erroneous payment of tax or penalty
21hereunder. In the administration of, and compliance with, this
22Section the Department and persons who are subject to this
23Section shall have the same rights, remedies, privileges,
24immunities, powers and duties, and be subject to the same
25conditions, restrictions, limitations, penalties and
26definitions of terms, and employ the same modes of procedure,

 

 

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1as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in
2respect to all provisions therein other than the State rate of
3tax), 4 (except that the reference to the State shall be to the
4taxing municipality), 5, 7, 8 (except that the jurisdiction to
5which the tax shall be a debt to the extent indicated in that
6Section 8 shall be the taxing municipality), 9 (except as to
7the disposition of taxes and penalties collected, and except
8that the returned merchandise credit for this municipal tax may
9not be taken against any State tax), 10, 11, 12 (except the
10reference therein to Section 2b of the Retailers' Occupation
11Tax Act), 13 (except that any reference to the State shall mean
12the taxing municipality), the first paragraph of Section 15,
1316, 17, 18, 19 and 20 of the Service Occupation Tax Act and
14Section 3-7 of the Uniform Penalty and Interest Act, as fully
15as if those provisions were set forth herein.
16    No municipality may impose a tax under this Section unless
17the municipality also imposes a tax at the same rate under
18Section 8-11-1.3 of this Code.
19    Persons subject to any tax imposed pursuant to the
20authority granted in this Section may reimburse themselves for
21their serviceman's tax liability hereunder by separately
22stating such tax as an additional charge, which charge may be
23stated in combination, in a single amount, with State tax which
24servicemen are authorized to collect under the Service Use Tax
25Act, pursuant to such bracket schedules as the Department may
26prescribe.

 

 

10000HB3342sam003- 177 -LRB100 08528 JWD 41189 a

1    Whenever the Department determines that a refund should be
2made under this Section to a claimant instead of issuing credit
3memorandum, the Department shall notify the State Comptroller,
4who shall cause the order to be drawn for the amount specified,
5and to the person named, in such notification from the
6Department. Such refund shall be paid by the State Treasurer
7out of the municipal retailers' occupation tax fund.
8    The Department shall forthwith pay over to the State
9Treasurer, ex officio, as trustee, all taxes and penalties
10collected hereunder.
11    As soon as possible after the first day of each month,
12beginning January 1, 2011, upon certification of the Department
13of Revenue, the Comptroller shall order transferred, and the
14Treasurer shall transfer, to the STAR Bonds Revenue Fund the
15local sales tax increment, as defined in the Innovation
16Development and Economy Act, collected under this Section
17during the second preceding calendar month for sales within a
18STAR bond district.
19    After the monthly transfer to the STAR Bonds Revenue Fund,
20on or before the 25th day of each calendar month, the
21Department shall prepare and certify to the Comptroller the
22disbursement of stated sums of money to named municipalities,
23the municipalities to be those from which suppliers and
24servicemen have paid taxes or penalties hereunder to the
25Department during the second preceding calendar month. The
26amount to be paid to each municipality shall be the amount (not

 

 

10000HB3342sam003- 178 -LRB100 08528 JWD 41189 a

1including credit memoranda) collected hereunder during the
2second preceding calendar month by the Department, and not
3including an amount equal to the amount of refunds made during
4the second preceding calendar month by the Department on behalf
5of such municipality, and not including any amounts that are
6transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
7remainder, which the Department shall transfer into the Tax
8Compliance and Administration Fund. The Department, at the time
9of each monthly disbursement to the municipalities, shall
10prepare and certify to the State Comptroller the amount to be
11transferred into the Tax Compliance and Administration Fund
12under this Section. Within 10 days after receipt, by the
13Comptroller, of the disbursement certification to the
14municipalities, the General Revenue Fund, and the Tax
15Compliance and Administration Fund provided for in this Section
16to be given to the Comptroller by the Department, the
17Comptroller shall cause the orders to be drawn for the
18respective amounts in accordance with the directions contained
19in such certification.
20    The Department of Revenue shall implement this amendatory
21Act of the 91st General Assembly so as to collect the tax on
22and after January 1, 2002.
23    Nothing in this Section shall be construed to authorize a
24municipality to impose a tax upon the privilege of engaging in
25any business which under the constitution of the United States
26may not be made the subject of taxation by this State.

 

 

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1    As used in this Section, "municipal" or "municipality"
2means or refers to a city, village or incorporated town,
3including an incorporated town which has superseded a civil
4township.
5    This Section shall be known and may be cited as the
6"Non-Home Rule Municipal Service Occupation Tax Act".
7(Source: P.A. 100-23, eff. 7-6-17.)
 
8    (65 ILCS 5/8-11-1.6)
9    Sec. 8-11-1.6. Non-home rule municipal retailers
10occupation tax; municipalities between 20,000 and 25,000. The
11corporate authorities of a non-home rule municipality with a
12population of more than 20,000 but less than 25,000 that has,
13prior to January 1, 1987, established a Redevelopment Project
14Area that has been certified as a State Sales Tax Boundary and
15has issued bonds or otherwise incurred indebtedness to pay for
16costs in excess of $5,000,000, which is secured in part by a
17tax increment allocation fund, in accordance with the
18provisions of Division 11-74.4 of this Code may, by passage of
19an ordinance, impose a tax upon all persons engaged in the
20business of selling tangible personal property, other than on
21an item of tangible personal property that is titled and
22registered by an agency of this State's Government, at retail
23in the municipality. This tax may not be imposed on the sales
24of food for human consumption that is to be consumed off the
25premises where it is sold (other than alcoholic beverages, soft

 

 

10000HB3342sam003- 180 -LRB100 08528 JWD 41189 a

1drinks, and food that has been prepared for immediate
2consumption) and prescription and nonprescription medicines,
3drugs, medical appliances and insulin, urine testing
4materials, syringes, and needles used by diabetics. If imposed,
5the tax shall only be imposed in .25% increments of the gross
6receipts from such sales made in the course of business. Any
7tax imposed by a municipality under this Section and all civil
8penalties that may be assessed as an incident thereof shall be
9collected and enforced by the State Department of Revenue. An
10ordinance imposing a tax hereunder or effecting a change in the
11rate thereof shall be adopted and a certified copy thereof
12filed with the Department on or before the first day of
13October, whereupon the Department shall proceed to administer
14and enforce this Section as of the first day of January next
15following such adoption and filing. The certificate of
16registration that is issued by the Department to a retailer
17under the Retailers' Occupation Tax Act shall permit the
18retailer to engage in a business that is taxable under any
19ordinance or resolution enacted under this Section without
20registering separately with the Department under the ordinance
21or resolution or under this Section. The Department shall have
22full power to administer and enforce this Section, to collect
23all taxes and penalties due hereunder, to dispose of taxes and
24penalties so collected in the manner hereinafter provided, and
25to determine all rights to credit memoranda, arising on account
26of the erroneous payment of tax or penalty hereunder. In the

 

 

10000HB3342sam003- 181 -LRB100 08528 JWD 41189 a

1administration of, and compliance with this Section, the
2Department and persons who are subject to this Section shall
3have the same rights, remedies, privileges, immunities,
4powers, and duties, and be subject to the same conditions,
5restrictions, limitations, penalties, and definitions of
6terms, and employ the same modes of procedure, as are
7prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2
8through 2-65 (in respect to all provisions therein other than
9the State rate of tax), 2c, 3 (except as to the disposition of
10taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
115g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12
12and 13 of the Retailers' Occupation Tax Act and Section 3-7 of
13the Uniform Penalty and Interest Act as fully as if those
14provisions were set forth herein.
15    A tax may not be imposed by a municipality under this
16Section unless the municipality also imposes a tax at the same
17rate under Section 8-11-1.7 of this Act.
18    Persons subject to any tax imposed under the authority
19granted in this Section, may reimburse themselves for their
20seller's tax liability hereunder by separately stating the tax
21as an additional charge, which charge may be stated in
22combination, in a single amount, with State tax which sellers
23are required to collect under the Use Tax Act, pursuant to such
24bracket schedules as the Department may prescribe.
25    Whenever the Department determines that a refund should be
26made under this Section to a claimant, instead of issuing a

 

 

10000HB3342sam003- 182 -LRB100 08528 JWD 41189 a

1credit memorandum, the Department shall notify the State
2Comptroller, who shall cause the order to be drawn for the
3amount specified, and to the person named in the notification
4from the Department. The refund shall be paid by the State
5Treasurer out of the Non-Home Rule Municipal Retailers'
6Occupation Tax Fund, which is hereby created.
7    The Department shall forthwith pay over to the State
8Treasurer, ex officio, as trustee, all taxes and penalties
9collected hereunder.
10    As soon as possible after the first day of each month,
11beginning January 1, 2011, upon certification of the Department
12of Revenue, the Comptroller shall order transferred, and the
13Treasurer shall transfer, to the STAR Bonds Revenue Fund the
14local sales tax increment, as defined in the Innovation
15Development and Economy Act, collected under this Section
16during the second preceding calendar month for sales within a
17STAR bond district.
18    After the monthly transfer to the STAR Bonds Revenue Fund,
19on or before the 25th day of each calendar month, the
20Department shall prepare and certify to the Comptroller the
21disbursement of stated sums of money to named municipalities,
22the municipalities to be those from which retailers have paid
23taxes or penalties hereunder to the Department during the
24second preceding calendar month. The amount to be paid to each
25municipality shall be the amount (not including credit
26memoranda) collected hereunder during the second preceding

 

 

10000HB3342sam003- 183 -LRB100 08528 JWD 41189 a

1calendar month by the Department plus an amount the Department
2determines is necessary to offset any amounts that were
3erroneously paid to a different taxing body, and not including
4an amount equal to the amount of refunds made during the second
5preceding calendar month by the Department on behalf of the
6municipality, and not including any amount that the Department
7determines is necessary to offset any amounts that were payable
8to a different taxing body but were erroneously paid to the
9municipality, and not including any amounts that are
10transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
11remainder, which the Department shall transfer into the Tax
12Compliance and Administration Fund. The Department, at the time
13of each monthly disbursement to the municipalities, shall
14prepare and certify to the State Comptroller the amount to be
15transferred into the Tax Compliance and Administration Fund
16under this Section. Within 10 days after receipt by the
17Comptroller of the disbursement certification to the
18municipalities and the Tax Compliance and Administration Fund
19provided for in this Section to be given to the Comptroller by
20the Department, the Comptroller shall cause the orders to be
21drawn for the respective amounts in accordance with the
22directions contained in the certification.
23    For the purpose of determining the local governmental unit
24whose tax is applicable, a retail sale by a producer of coal or
25other mineral mined in Illinois is a sale at retail at the
26place where the coal or other mineral mined in Illinois is

 

 

10000HB3342sam003- 184 -LRB100 08528 JWD 41189 a

1extracted from the earth. This paragraph does not apply to coal
2or other mineral when it is delivered or shipped by the seller
3to the purchaser at a point outside Illinois so that the sale
4is exempt under the federal Constitution as a sale in
5interstate or foreign commerce.
6    Nothing in this Section shall be construed to authorize a
7municipality to impose a tax upon the privilege of engaging in
8any business which under the constitution of the United States
9may not be made the subject of taxation by this State.
10    When certifying the amount of a monthly disbursement to a
11municipality under this Section, the Department shall increase
12or decrease the amount by an amount necessary to offset any
13misallocation of previous disbursements. The offset amount
14shall be the amount erroneously disbursed within the previous 6
15months from the time a misallocation is discovered.
16    As used in this Section, "municipal" and "municipality"
17means a city, village, or incorporated town, including an
18incorporated town that has superseded a civil township.
19(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
20100-23, eff. 7-6-17; revised 10-3-17.)
 
21    (65 ILCS 5/8-11-1.7)
22    Sec. 8-11-1.7. Non-home rule municipal service occupation
23tax; municipalities between 20,000 and 25,000. The corporate
24authorities of a non-home rule municipality with a population
25of more than 20,000 but less than 25,000 as determined by the

 

 

10000HB3342sam003- 185 -LRB100 08528 JWD 41189 a

1last preceding decennial census that has, prior to January 1,
21987, established a Redevelopment Project Area that has been
3certified as a State Sales Tax Boundary and has issued bonds or
4otherwise incurred indebtedness to pay for costs in excess of
5$5,000,000, which is secured in part by a tax increment
6allocation fund, in accordance with the provisions of Division
711-74.4 of this Code may, by passage of an ordinance, impose a
8tax upon all persons engaged in the municipality in the
9business of making sales of service. If imposed, the tax shall
10only be imposed in .25% increments of the selling price of all
11tangible personal property transferred by such servicemen
12either in the form of tangible personal property or in the form
13of real estate as an incident to a sale of service. This tax
14may not be imposed on the sales of food for human consumption
15that is to be consumed off the premises where it is sold (other
16than alcoholic beverages, soft drinks, and food that has been
17prepared for immediate consumption) and prescription and
18nonprescription medicines, drugs, medical appliances and
19insulin, urine testing materials, syringes, and needles used by
20diabetics. The tax imposed by a municipality under this Section
21Sec. and all civil penalties that may be assessed as an
22incident thereof shall be collected and enforced by the State
23Department of Revenue. An ordinance imposing a tax hereunder or
24effecting a change in the rate thereof shall be adopted and a
25certified copy thereof filed with the Department on or before
26the first day of October, whereupon the Department shall

 

 

10000HB3342sam003- 186 -LRB100 08528 JWD 41189 a

1proceed to administer and enforce this Section as of the first
2day of January next following such adoption and filing. The
3certificate of registration that is issued by the Department to
4a retailer under the Retailers' Occupation Tax Act or under the
5Service Occupation Tax Act shall permit the registrant to
6engage in a business that is taxable under any ordinance or
7resolution enacted under this Section without registering
8separately with the Department under the ordinance or
9resolution or under this Section. The Department shall have
10full power to administer and enforce this Section, to collect
11all taxes and penalties due hereunder, to dispose of taxes and
12penalties so collected in a manner hereinafter provided, and to
13determine all rights to credit memoranda arising on account of
14the erroneous payment of tax or penalty hereunder. In the
15administration of and compliance with this Section, the
16Department and persons who are subject to this Section shall
17have the same rights, remedies, privileges, immunities,
18powers, and duties, and be subject to the same conditions,
19restrictions, limitations, penalties and definitions of terms,
20and employ the same modes of procedure, as are prescribed in
21Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
22provisions therein other than the State rate of tax), 4 (except
23that the reference to the State shall be to the taxing
24municipality), 5, 7, 8 (except that the jurisdiction to which
25the tax shall be a debt to the extent indicated in that Section
268 shall be the taxing municipality), 9 (except as to the

 

 

10000HB3342sam003- 187 -LRB100 08528 JWD 41189 a

1disposition of taxes and penalties collected, and except that
2the returned merchandise credit for this municipal tax may not
3be taken against any State tax), 10, 11, 12, (except the
4reference therein to Section 2b of the Retailers' Occupation
5Tax Act), 13 (except that any reference to the State shall mean
6the taxing municipality), the first paragraph of Sections 15,
716, 17, 18, 19, and 20 of the Service Occupation Tax Act and
8Section 3-7 of the Uniform Penalty and Interest Act, as fully
9as if those provisions were set forth herein.
10    A tax may not be imposed by a municipality under this
11Section unless the municipality also imposes a tax at the same
12rate under Section 8-11-1.6 of this Act.
13    Person subject to any tax imposed under the authority
14granted in this Section may reimburse themselves for their
15servicemen's tax liability hereunder by separately stating the
16tax as an additional charge, which charge may be stated in
17combination, in a single amount, with State tax that servicemen
18are authorized to collect under the Service Use Tax Act, under
19such bracket schedules as the Department may prescribe.
20    Whenever the Department determines that a refund should be
21made under this Section to a claimant instead of issuing credit
22memorandum, the Department shall notify the State Comptroller,
23who shall cause the order to be drawn for the amount specified,
24and to the person named, in such notification from the
25Department. The refund shall be paid by the State Treasurer out
26of the Non-Home Rule Municipal Retailers' Occupation Tax Fund.

 

 

10000HB3342sam003- 188 -LRB100 08528 JWD 41189 a

1    The Department shall forthwith pay over to the State
2Treasurer, ex officio, as trustee, all taxes and penalties
3collected hereunder.
4    As soon as possible after the first day of each month,
5beginning January 1, 2011, upon certification of the Department
6of Revenue, the Comptroller shall order transferred, and the
7Treasurer shall transfer, to the STAR Bonds Revenue Fund the
8local sales tax increment, as defined in the Innovation
9Development and Economy Act, collected under this Section
10during the second preceding calendar month for sales within a
11STAR bond district.
12    After the monthly transfer to the STAR Bonds Revenue Fund,
13on or before the 25th day of each calendar month, the
14Department shall prepare and certify to the Comptroller the
15disbursement of stated sums of money to named municipalities,
16the municipalities to be those from which suppliers and
17servicemen have paid taxes or penalties hereunder to the
18Department during the second preceding calendar month. The
19amount to be paid to each municipality shall be the amount (not
20including credit memoranda) collected hereunder during the
21second preceding calendar month by the Department, and not
22including an amount equal to the amount of refunds made during
23the second preceding calendar month by the Department on behalf
24of such municipality, and not including any amounts that are
25transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
26remainder, which the Department shall transfer into the Tax

 

 

10000HB3342sam003- 189 -LRB100 08528 JWD 41189 a

1Compliance and Administration Fund. The Department, at the time
2of each monthly disbursement to the municipalities, shall
3prepare and certify to the State Comptroller the amount to be
4transferred into the Tax Compliance and Administration Fund
5under this Section. Within 10 days after receipt by the
6Comptroller of the disbursement certification to the
7municipalities, the Tax Compliance and Administration Fund,
8and the General Revenue Fund, provided for in this Section to
9be given to the Comptroller by the Department, the Comptroller
10shall cause the orders to be drawn for the respective amounts
11in accordance with the directions contained in the
12certification.
13    When certifying the amount of a monthly disbursement to a
14municipality under this Section, the Department shall increase
15or decrease the amount by an amount necessary to offset any
16misallocation of previous disbursements. The offset amount
17shall be the amount erroneously disbursed within the previous 6
18months from the time a misallocation is discovered.
19    Nothing in this Section shall be construed to authorize a
20municipality to impose a tax upon the privilege of engaging in
21any business which under the constitution of the United States
22may not be made the subject of taxation by this State.
23(Source: P.A. 100-23, eff. 7-6-17; revised 10-3-17.)
 
24    (65 ILCS 5/8-11-5)  (from Ch. 24, par. 8-11-5)
25    Sec. 8-11-5. Home Rule Municipal Service Occupation Tax

 

 

10000HB3342sam003- 190 -LRB100 08528 JWD 41189 a

1Act. The corporate authorities of a home rule municipality may
2impose a tax upon all persons engaged, in such municipality, in
3the business of making sales of service at the same rate of tax
4imposed pursuant to Section 8-11-1, of the selling price of all
5tangible personal property transferred by such servicemen
6either in the form of tangible personal property or in the form
7of real estate as an incident to a sale of service. If imposed,
8such tax shall only be imposed in 1/4% increments. On and after
9September 1, 1991, this additional tax may not be imposed on
10the sales of food for human consumption which is to be consumed
11off the premises where it is sold (other than alcoholic
12beverages, soft drinks and food which has been prepared for
13immediate consumption) and prescription and nonprescription
14medicines, drugs, medical appliances and insulin, urine
15testing materials, syringes and needles used by diabetics. The
16tax imposed by a home rule municipality pursuant to this
17Section and all civil penalties that may be assessed as an
18incident thereof shall be collected and enforced by the State
19Department of Revenue. The certificate of registration which is
20issued by the Department to a retailer under the Retailers'
21Occupation Tax Act or under the Service Occupation Tax Act
22shall permit such registrant to engage in a business which is
23taxable under any ordinance or resolution enacted pursuant to
24this Section without registering separately with the
25Department under such ordinance or resolution or under this
26Section. The Department shall have full power to administer and

 

 

10000HB3342sam003- 191 -LRB100 08528 JWD 41189 a

1enforce this Section; to collect all taxes and penalties due
2hereunder; to dispose of taxes and penalties so collected in
3the manner hereinafter provided, and to determine all rights to
4credit memoranda arising on account of the erroneous payment of
5tax or penalty hereunder. In the administration of, and
6compliance with, this Section the Department and persons who
7are subject to this Section shall have the same rights,
8remedies, privileges, immunities, powers and duties, and be
9subject to the same conditions, restrictions, limitations,
10penalties and definitions of terms, and employ the same modes
11of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3
12through 3-50 (in respect to all provisions therein other than
13the State rate of tax), 4 (except that the reference to the
14State shall be to the taxing municipality), 5, 7, 8 (except
15that the jurisdiction to which the tax shall be a debt to the
16extent indicated in that Section 8 shall be the taxing
17municipality), 9 (except as to the disposition of taxes and
18penalties collected, and except that the returned merchandise
19credit for this municipal tax may not be taken against any
20State tax), 10, 11, 12 (except the reference therein to Section
212b of the Retailers' Occupation Tax Act), 13 (except that any
22reference to the State shall mean the taxing municipality), the
23first paragraph of Section 15, 16, 17 (except that credit
24memoranda issued hereunder may not be used to discharge any
25State tax liability), 18, 19 and 20 of the Service Occupation
26Tax Act and Section 3-7 of the Uniform Penalty and Interest

 

 

10000HB3342sam003- 192 -LRB100 08528 JWD 41189 a

1Act, as fully as if those provisions were set forth herein.
2    No tax may be imposed by a home rule municipality pursuant
3to this Section unless such municipality also imposes a tax at
4the same rate pursuant to Section 8-11-1 of this Act.
5    Persons subject to any tax imposed pursuant to the
6authority granted in this Section may reimburse themselves for
7their serviceman's tax liability hereunder by separately
8stating such tax as an additional charge, which charge may be
9stated in combination, in a single amount, with State tax which
10servicemen are authorized to collect under the Service Use Tax
11Act, pursuant to such bracket schedules as the Department may
12prescribe.
13    Whenever the Department determines that a refund should be
14made under this Section to a claimant instead of issuing credit
15memorandum, the Department shall notify the State Comptroller,
16who shall cause the order to be drawn for the amount specified,
17and to the person named, in such notification from the
18Department. Such refund shall be paid by the State Treasurer
19out of the home rule municipal retailers' occupation tax fund.
20    The Department shall forthwith pay over to the State
21Treasurer, ex-officio, as trustee, all taxes and penalties
22collected hereunder.
23    As soon as possible after the first day of each month,
24beginning January 1, 2011, upon certification of the Department
25of Revenue, the Comptroller shall order transferred, and the
26Treasurer shall transfer, to the STAR Bonds Revenue Fund the

 

 

10000HB3342sam003- 193 -LRB100 08528 JWD 41189 a

1local sales tax increment, as defined in the Innovation
2Development and Economy Act, collected under this Section
3during the second preceding calendar month for sales within a
4STAR bond district.
5    After the monthly transfer to the STAR Bonds Revenue Fund,
6on or before the 25th day of each calendar month, the
7Department shall prepare and certify to the Comptroller the
8disbursement of stated sums of money to named municipalities,
9the municipalities to be those from which suppliers and
10servicemen have paid taxes or penalties hereunder to the
11Department during the second preceding calendar month. The
12amount to be paid to each municipality shall be the amount (not
13including credit memoranda) collected hereunder during the
14second preceding calendar month by the Department, and not
15including an amount equal to the amount of refunds made during
16the second preceding calendar month by the Department on behalf
17of such municipality, and not including any amounts that are
18transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
19remainder, which the Department shall transfer into the Tax
20Compliance and Administration Fund. The Department, at the time
21of each monthly disbursement to the municipalities, shall
22prepare and certify to the State Comptroller the amount to be
23transferred into the Tax Compliance and Administration Fund
24under this Section. Within 10 days after receipt, by the
25Comptroller, of the disbursement certification to the
26municipalities and the Tax Compliance and Administration Fund

 

 

10000HB3342sam003- 194 -LRB100 08528 JWD 41189 a

1provided for in this Section to be given to the Comptroller by
2the Department, the Comptroller shall cause the orders to be
3drawn for the respective amounts in accordance with the
4directions contained in such certification.
5    In addition to the disbursement required by the preceding
6paragraph and in order to mitigate delays caused by
7distribution procedures, an allocation shall, if requested, be
8made within 10 days after January 14, 1991, and in November of
91991 and each year thereafter, to each municipality that
10received more than $500,000 during the preceding fiscal year,
11(July 1 through June 30) whether collected by the municipality
12or disbursed by the Department as required by this Section.
13Within 10 days after January 14, 1991, participating
14municipalities shall notify the Department in writing of their
15intent to participate. In addition, for the initial
16distribution, participating municipalities shall certify to
17the Department the amounts collected by the municipality for
18each month under its home rule occupation and service
19occupation tax during the period July 1, 1989 through June 30,
201990. The allocation within 10 days after January 14, 1991,
21shall be in an amount equal to the monthly average of these
22amounts, excluding the 2 months of highest receipts. Monthly
23average for the period of July 1, 1990 through June 30, 1991
24will be determined as follows: the amounts collected by the
25municipality under its home rule occupation and service
26occupation tax during the period of July 1, 1990 through

 

 

10000HB3342sam003- 195 -LRB100 08528 JWD 41189 a

1September 30, 1990, plus amounts collected by the Department
2and paid to such municipality through June 30, 1991, excluding
3the 2 months of highest receipts. The monthly average for each
4subsequent period of July 1 through June 30 shall be an amount
5equal to the monthly distribution made to each such
6municipality under the preceding paragraph during this period,
7excluding the 2 months of highest receipts. The distribution
8made in November 1991 and each year thereafter under this
9paragraph and the preceding paragraph shall be reduced by the
10amount allocated and disbursed under this paragraph in the
11preceding period of July 1 through June 30. The Department
12shall prepare and certify to the Comptroller for disbursement
13the allocations made in accordance with this paragraph.
14    Nothing in this Section shall be construed to authorize a
15municipality to impose a tax upon the privilege of engaging in
16any business which under the constitution of the United States
17may not be made the subject of taxation by this State.
18    An ordinance or resolution imposing or discontinuing a tax
19hereunder or effecting a change in the rate thereof shall be
20adopted and a certified copy thereof filed with the Department
21on or before the first day of June, whereupon the Department
22shall proceed to administer and enforce this Section as of the
23first day of September next following such adoption and filing.
24Beginning January 1, 1992, an ordinance or resolution imposing
25or discontinuing the tax hereunder or effecting a change in the
26rate thereof shall be adopted and a certified copy thereof

 

 

10000HB3342sam003- 196 -LRB100 08528 JWD 41189 a

1filed with the Department on or before the first day of July,
2whereupon the Department shall proceed to administer and
3enforce this Section as of the first day of October next
4following such adoption and filing. Beginning January 1, 1993,
5an ordinance or resolution imposing or discontinuing the tax
6hereunder or effecting a change in the rate thereof shall be
7adopted and a certified copy thereof filed with the Department
8on or before the first day of October, whereupon the Department
9shall proceed to administer and enforce this Section as of the
10first day of January next following such adoption and filing.
11However, a municipality located in a county with a population
12in excess of 3,000,000 that elected to become a home rule unit
13at the general primary election in 1994 may adopt an ordinance
14or resolution imposing the tax under this Section and file a
15certified copy of the ordinance or resolution with the
16Department on or before July 1, 1994. The Department shall then
17proceed to administer and enforce this Section as of October 1,
181994. Beginning April 1, 1998, an ordinance or resolution
19imposing or discontinuing the tax hereunder or effecting a
20change in the rate thereof shall either (i) be adopted and a
21certified copy thereof filed with the Department on or before
22the first day of April, whereupon the Department shall proceed
23to administer and enforce this Section as of the first day of
24July next following the adoption and filing; or (ii) be adopted
25and a certified copy thereof filed with the Department on or
26before the first day of October, whereupon the Department shall

 

 

10000HB3342sam003- 197 -LRB100 08528 JWD 41189 a

1proceed to administer and enforce this Section as of the first
2day of January next following the adoption and filing.
3    Any unobligated balance remaining in the Municipal
4Retailers' Occupation Tax Fund on December 31, 1989, which fund
5was abolished by Public Act 85-1135, and all receipts of
6municipal tax as a result of audits of liability periods prior
7to January 1, 1990, shall be paid into the Local Government Tax
8Fund, for distribution as provided by this Section prior to the
9enactment of Public Act 85-1135. All receipts of municipal tax
10as a result of an assessment not arising from an audit, for
11liability periods prior to January 1, 1990, shall be paid into
12the Local Government Tax Fund for distribution before July 1,
131990, as provided by this Section prior to the enactment of
14Public Act 85-1135, and on and after July 1, 1990, all such
15receipts shall be distributed as provided in Section 6z-18 of
16the State Finance Act.
17    As used in this Section, "municipal" and "municipality"
18means a city, village or incorporated town, including an
19incorporated town which has superseded a civil township.
20    This Section shall be known and may be cited as the Home
21Rule Municipal Service Occupation Tax Act.
22(Source: P.A. 100-23, eff. 7-6-17.)
 
23    Section 20-20. The Metropolitan Pier and Exposition
24Authority Act is amended by changing Section 13 as follows:
 

 

 

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1    (70 ILCS 210/13)  (from Ch. 85, par. 1233)
2    Sec. 13. (a) The Authority shall not have power to levy
3taxes for any purpose, except as provided in subsections (b),
4(c), (d), (e), and (f).
5    (b) By ordinance the Authority shall, as soon as
6practicable after July 1, 1992 (the effective date of Public
7Act 87-733) this amendatory Act of 1991, impose a Metropolitan
8Pier and Exposition Authority Retailers' Occupation Tax upon
9all persons engaged in the business of selling tangible
10personal property at retail within the territory described in
11this subsection at the rate of 1.0% of the gross receipts (i)
12from the sale of food, alcoholic beverages, and soft drinks
13sold for consumption on the premises where sold and (ii) from
14the sale of food, alcoholic beverages, and soft drinks sold for
15consumption off the premises where sold by a retailer whose
16principal source of gross receipts is from the sale of food,
17alcoholic beverages, and soft drinks prepared for immediate
18consumption.
19    The tax imposed under this subsection and all civil
20penalties that may be assessed as an incident to that tax shall
21be collected and enforced by the Illinois Department of
22Revenue. The Department shall have full power to administer and
23enforce this subsection, to collect all taxes and penalties so
24collected in the manner provided in this subsection, and to
25determine all rights to credit memoranda arising on account of
26the erroneous payment of tax or penalty under this subsection.

 

 

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1In the administration of and compliance with this subsection,
2the Department and persons who are subject to this subsection
3shall have the same rights, remedies, privileges, immunities,
4powers, and duties, shall be subject to the same conditions,
5restrictions, limitations, penalties, exclusions, exemptions,
6and definitions of terms, and shall employ the same modes of
7procedure applicable to this Retailers' Occupation Tax as are
8prescribed in Sections 1, 2 through 2-65 (in respect to all
9provisions of those Sections other than the State rate of
10taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
11and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
125j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January
131, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
14after January 1, 1994, all applicable provisions of the Uniform
15Penalty and Interest Act that are not inconsistent with this
16Act, as fully as if provisions contained in those Sections of
17the Retailers' Occupation Tax Act were set forth in this
18subsection.
19    Persons subject to any tax imposed under the authority
20granted in this subsection may reimburse themselves for their
21seller's tax liability under this subsection by separately
22stating that tax as an additional charge, which charge may be
23stated in combination, in a single amount, with State taxes
24that sellers are required to collect under the Use Tax Act,
25pursuant to bracket schedules as the Department may prescribe.
26The retailer filing the return shall, at the time of filing the

 

 

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1return, pay to the Department the amount of tax imposed under
2this subsection, less a discount of 1.75%, which is allowed to
3reimburse the retailer for the expenses incurred in keeping
4records, preparing and filing returns, remitting the tax, and
5supplying data to the Department on request.
6    Whenever the Department determines that a refund should be
7made under this subsection to a claimant instead of issuing a
8credit memorandum, the Department shall notify the State
9Comptroller, who shall cause a warrant to be drawn for the
10amount specified and to the person named in the notification
11from the Department. The refund shall be paid by the State
12Treasurer out of the Metropolitan Pier and Exposition Authority
13trust fund held by the State Treasurer as trustee for the
14Authority.
15    Nothing in this subsection authorizes the Authority to
16impose a tax upon the privilege of engaging in any business
17that under the Constitution of the United States may not be
18made the subject of taxation by this State.
19    The Department shall forthwith pay over to the State
20Treasurer, ex officio, as trustee for the Authority, all taxes
21and penalties collected under this subsection for deposit into
22a trust fund held outside of the State Treasury.
23    As soon as possible after the first day of each month,
24beginning January 1, 2011, upon certification of the Department
25of Revenue, the Comptroller shall order transferred, and the
26Treasurer shall transfer, to the STAR Bonds Revenue Fund the

 

 

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1local sales tax increment, as defined in the Innovation
2Development and Economy Act, collected under this subsection
3during the second preceding calendar month for sales within a
4STAR bond district.
5    After the monthly transfer to the STAR Bonds Revenue Fund,
6on or before the 25th day of each calendar month, the
7Department shall prepare and certify to the Comptroller the
8amounts to be paid under subsection (g) of this Section, which
9shall be the amounts, not including credit memoranda, collected
10under this subsection during the second preceding calendar
11month by the Department, less any amounts determined by the
12Department to be necessary for the payment of refunds, less
131.5% 2% of such balance, which sum shall be deposited by the
14State Treasurer into the Tax Compliance and Administration Fund
15in the State Treasury from which it shall be appropriated to
16the Department to cover the costs of the Department in
17administering and enforcing the provisions of this subsection,
18and less any amounts that are transferred to the STAR Bonds
19Revenue Fund. Within 10 days after receipt by the Comptroller
20of the certification, the Comptroller shall cause the orders to
21be drawn for the remaining amounts, and the Treasurer shall
22administer those amounts as required in subsection (g).
23    A certificate of registration issued by the Illinois
24Department of Revenue to a retailer under the Retailers'
25Occupation Tax Act shall permit the registrant to engage in a
26business that is taxed under the tax imposed under this

 

 

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1subsection, and no additional registration shall be required
2under the ordinance imposing the tax or under this subsection.
3    A certified copy of any ordinance imposing or discontinuing
4any tax under this subsection or effecting a change in the rate
5of that tax shall be filed with the Department, whereupon the
6Department shall proceed to administer and enforce this
7subsection on behalf of the Authority as of the first day of
8the third calendar month following the date of filing.
9    The tax authorized to be levied under this subsection may
10be levied within all or any part of the following described
11portions of the metropolitan area:
12        (1) that portion of the City of Chicago located within
13    the following area: Beginning at the point of intersection
14    of the Cook County - DuPage County line and York Road, then
15    North along York Road to its intersection with Touhy
16    Avenue, then east along Touhy Avenue to its intersection
17    with the Northwest Tollway, then southeast along the
18    Northwest Tollway to its intersection with Lee Street, then
19    south along Lee Street to Higgins Road, then south and east
20    along Higgins Road to its intersection with Mannheim Road,
21    then south along Mannheim Road to its intersection with
22    Irving Park Road, then west along Irving Park Road to its
23    intersection with the Cook County - DuPage County line,
24    then north and west along the county line to the point of
25    beginning; and
26        (2) that portion of the City of Chicago located within

 

 

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1    the following area: Beginning at the intersection of West
2    55th Street with Central Avenue, then east along West 55th
3    Street to its intersection with South Cicero Avenue, then
4    south along South Cicero Avenue to its intersection with
5    West 63rd Street, then west along West 63rd Street to its
6    intersection with South Central Avenue, then north along
7    South Central Avenue to the point of beginning; and
8        (3) that portion of the City of Chicago located within
9    the following area: Beginning at the point 150 feet west of
10    the intersection of the west line of North Ashland Avenue
11    and the north line of West Diversey Avenue, then north 150
12    feet, then east along a line 150 feet north of the north
13    line of West Diversey Avenue extended to the shoreline of
14    Lake Michigan, then following the shoreline of Lake
15    Michigan (including Navy Pier and all other improvements
16    fixed to land, docks, or piers) to the point where the
17    shoreline of Lake Michigan and the Adlai E. Stevenson
18    Expressway extended east to that shoreline intersect, then
19    west along the Adlai E. Stevenson Expressway to a point 150
20    feet west of the west line of South Ashland Avenue, then
21    north along a line 150 feet west of the west line of South
22    and North Ashland Avenue to the point of beginning.
23    The tax authorized to be levied under this subsection may
24also be levied on food, alcoholic beverages, and soft drinks
25sold on boats and other watercraft departing from and returning
26to the shoreline of Lake Michigan (including Navy Pier and all

 

 

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1other improvements fixed to land, docks, or piers) described in
2item (3).
3    (c) By ordinance the Authority shall, as soon as
4practicable after July 1, 1992 (the effective date of Public
5Act 87-733) this amendatory Act of 1991, impose an occupation
6tax upon all persons engaged in the corporate limits of the
7City of Chicago in the business of renting, leasing, or letting
8rooms in a hotel, as defined in the Hotel Operators' Occupation
9Tax Act, at a rate of 2.5% of the gross rental receipts from
10the renting, leasing, or letting of hotel rooms within the City
11of Chicago, excluding, however, from gross rental receipts the
12proceeds of renting, leasing, or letting to permanent residents
13of a hotel, as defined in that Act. Gross rental receipts shall
14not include charges that are added on account of the liability
15arising from any tax imposed by the State or any governmental
16agency on the occupation of renting, leasing, or letting rooms
17in a hotel.
18    The tax imposed by the Authority under this subsection and
19all civil penalties that may be assessed as an incident to that
20tax shall be collected and enforced by the Illinois Department
21of Revenue. The certificate of registration that is issued by
22the Department to a lessor under the Hotel Operators'
23Occupation Tax Act shall permit that registrant to engage in a
24business that is taxable under any ordinance enacted under this
25subsection without registering separately with the Department
26under that ordinance or under this subsection. The Department

 

 

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1shall have full power to administer and enforce this
2subsection, to collect all taxes and penalties due under this
3subsection, to dispose of taxes and penalties so collected in
4the manner provided in this subsection, and to determine all
5rights to credit memoranda arising on account of the erroneous
6payment of tax or penalty under this subsection. In the
7administration of and compliance with this subsection, the
8Department and persons who are subject to this subsection shall
9have the same rights, remedies, privileges, immunities,
10powers, and duties, shall be subject to the same conditions,
11restrictions, limitations, penalties, and definitions of
12terms, and shall employ the same modes of procedure as are
13prescribed in the Hotel Operators' Occupation Tax Act (except
14where that Act is inconsistent with this subsection), as fully
15as if the provisions contained in the Hotel Operators'
16Occupation Tax Act were set out in this subsection.
17    Whenever the Department determines that a refund should be
18made under this subsection to a claimant instead of issuing a
19credit memorandum, the Department shall notify the State
20Comptroller, who shall cause a warrant to be drawn for the
21amount specified and to the person named in the notification
22from the Department. The refund shall be paid by the State
23Treasurer out of the Metropolitan Pier and Exposition Authority
24trust fund held by the State Treasurer as trustee for the
25Authority.
26    Persons subject to any tax imposed under the authority

 

 

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1granted in this subsection may reimburse themselves for their
2tax liability for that tax by separately stating that tax as an
3additional charge, which charge may be stated in combination,
4in a single amount, with State taxes imposed under the Hotel
5Operators' Occupation Tax Act, the municipal tax imposed under
6Section 8-3-13 of the Illinois Municipal Code, and the tax
7imposed under Section 19 of the Illinois Sports Facilities
8Authority Act.
9    The person filing the return shall, at the time of filing
10the return, pay to the Department the amount of tax, less a
11discount of 2.1% or $25 per calendar year, whichever is
12greater, which is allowed to reimburse the operator for the
13expenses incurred in keeping records, preparing and filing
14returns, remitting the tax, and supplying data to the
15Department on request.
16    Except as otherwise provided in this paragraph, the
17Department shall forthwith pay over to the State Treasurer, ex
18officio, as trustee for the Authority, all taxes and penalties
19collected under this subsection for deposit into a trust fund
20held outside the State Treasury. On or before the 25th day of
21each calendar month, the Department shall certify to the
22Comptroller the amounts to be paid under subsection (g) of this
23Section, which shall be the amounts (not including credit
24memoranda) collected under this subsection during the second
25preceding calendar month by the Department, less any amounts
26determined by the Department to be necessary for payment of

 

 

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1refunds, less 1.5% 2% of the remainder, which the Department
2shall transfer into the Tax Compliance and Administration Fund.
3The Department, at the time of each monthly disbursement to the
4Authority, shall prepare and certify to the State Comptroller
5the amount to be transferred into the Tax Compliance and
6Administration Fund under this subsection. Within 10 days after
7receipt by the Comptroller of the Department's certification,
8the Comptroller shall cause the orders to be drawn for such
9amounts, and the Treasurer shall administer the amounts
10distributed to the Authority as required in subsection (g).
11    A certified copy of any ordinance imposing or discontinuing
12a tax under this subsection or effecting a change in the rate
13of that tax shall be filed with the Illinois Department of
14Revenue, whereupon the Department shall proceed to administer
15and enforce this subsection on behalf of the Authority as of
16the first day of the third calendar month following the date of
17filing.
18    (d) By ordinance the Authority shall, as soon as
19practicable after July 1, 1992 (the effective date of Public
20Act 87-733) this amendatory Act of 1991, impose a tax upon all
21persons engaged in the business of renting automobiles in the
22metropolitan area at the rate of 6% of the gross receipts from
23that business, except that no tax shall be imposed on the
24business of renting automobiles for use as taxicabs or in
25livery service. The tax imposed under this subsection and all
26civil penalties that may be assessed as an incident to that tax

 

 

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1shall be collected and enforced by the Illinois Department of
2Revenue. The certificate of registration issued by the
3Department to a retailer under the Retailers' Occupation Tax
4Act or under the Automobile Renting Occupation and Use Tax Act
5shall permit that person to engage in a business that is
6taxable under any ordinance enacted under this subsection
7without registering separately with the Department under that
8ordinance or under this subsection. The Department shall have
9full power to administer and enforce this subsection, to
10collect all taxes and penalties due under this subsection, to
11dispose of taxes and penalties so collected in the manner
12provided in this subsection, and to determine all rights to
13credit memoranda arising on account of the erroneous payment of
14tax or penalty under this subsection. In the administration of
15and compliance with this subsection, the Department and persons
16who are subject to this subsection shall have the same rights,
17remedies, privileges, immunities, powers, and duties, be
18subject to the same conditions, restrictions, limitations,
19penalties, and definitions of terms, and employ the same modes
20of procedure as are prescribed in Sections 2 and 3 (in respect
21to all provisions of those Sections other than the State rate
22of tax; and in respect to the provisions of the Retailers'
23Occupation Tax Act referred to in those Sections, except as to
24the disposition of taxes and penalties collected, except for
25the provision allowing retailers a deduction from the tax to
26cover certain costs, and except that credit memoranda issued

 

 

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1under this subsection may not be used to discharge any State
2tax liability) of the Automobile Renting Occupation and Use Tax
3Act, as fully as if provisions contained in those Sections of
4that Act were set forth in this subsection.
5    Persons subject to any tax imposed under the authority
6granted in this subsection may reimburse themselves for their
7tax liability under this subsection by separately stating that
8tax as an additional charge, which charge may be stated in
9combination, in a single amount, with State tax that sellers
10are required to collect under the Automobile Renting Occupation
11and Use Tax Act, pursuant to bracket schedules as the
12Department may prescribe.
13    Whenever the Department determines that a refund should be
14made under this subsection to a claimant instead of issuing a
15credit memorandum, the Department shall notify the State
16Comptroller, who shall cause a warrant to be drawn for the
17amount specified and to the person named in the notification
18from the Department. The refund shall be paid by the State
19Treasurer out of the Metropolitan Pier and Exposition Authority
20trust fund held by the State Treasurer as trustee for the
21Authority.
22    Except as otherwise provided in this paragraph, the
23Department shall forthwith pay over to the State Treasurer, ex
24officio, as trustee, all taxes and penalties collected under
25this subsection for deposit into a trust fund held outside the
26State Treasury. On or before the 25th day of each calendar

 

 

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1month, the Department shall certify to the Comptroller the
2amounts to be paid under subsection (g) of this Section (not
3including credit memoranda) collected under this subsection
4during the second preceding calendar month by the Department,
5less any amount determined by the Department to be necessary
6for payment of refunds, less 1.5% 2% of the remainder, which
7the Department shall transfer into the Tax Compliance and
8Administration Fund. The Department, at the time of each
9monthly disbursement to the Authority, shall prepare and
10certify to the State Comptroller the amount to be transferred
11into the Tax Compliance and Administration Fund under this
12subsection. Within 10 days after receipt by the Comptroller of
13the Department's certification, the Comptroller shall cause
14the orders to be drawn for such amounts, and the Treasurer
15shall administer the amounts distributed to the Authority as
16required in subsection (g).
17    Nothing in this subsection authorizes the Authority to
18impose a tax upon the privilege of engaging in any business
19that under the Constitution of the United States may not be
20made the subject of taxation by this State.
21    A certified copy of any ordinance imposing or discontinuing
22a tax under this subsection or effecting a change in the rate
23of that tax shall be filed with the Illinois Department of
24Revenue, whereupon the Department shall proceed to administer
25and enforce this subsection on behalf of the Authority as of
26the first day of the third calendar month following the date of

 

 

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1filing.
2    (e) By ordinance the Authority shall, as soon as
3practicable after July 1, 1992 (the effective date of Public
4Act 87-733) this amendatory Act of 1991, impose a tax upon the
5privilege of using in the metropolitan area an automobile that
6is rented from a rentor outside Illinois and is titled or
7registered with an agency of this State's government at a rate
8of 6% of the rental price of that automobile, except that no
9tax shall be imposed on the privilege of using automobiles
10rented for use as taxicabs or in livery service. The tax shall
11be collected from persons whose Illinois address for titling or
12registration purposes is given as being in the metropolitan
13area. The tax shall be collected by the Department of Revenue
14for the Authority. The tax must be paid to the State or an
15exemption determination must be obtained from the Department of
16Revenue before the title or certificate of registration for the
17property may be issued. The tax or proof of exemption may be
18transmitted to the Department by way of the State agency with
19which or State officer with whom the tangible personal property
20must be titled or registered if the Department and that agency
21or State officer determine that this procedure will expedite
22the processing of applications for title or registration.
23    The Department shall have full power to administer and
24enforce this subsection, to collect all taxes, penalties, and
25interest due under this subsection, to dispose of taxes,
26penalties, and interest so collected in the manner provided in

 

 

10000HB3342sam003- 212 -LRB100 08528 JWD 41189 a

1this subsection, and to determine all rights to credit
2memoranda or refunds arising on account of the erroneous
3payment of tax, penalty, or interest under this subsection. In
4the administration of and compliance with this subsection, the
5Department and persons who are subject to this subsection shall
6have the same rights, remedies, privileges, immunities,
7powers, and duties, be subject to the same conditions,
8restrictions, limitations, penalties, and definitions of
9terms, and employ the same modes of procedure as are prescribed
10in Sections 2 and 4 (except provisions pertaining to the State
11rate of tax; and in respect to the provisions of the Use Tax
12Act referred to in that Section, except provisions concerning
13collection or refunding of the tax by retailers, except the
14provisions of Section 19 pertaining to claims by retailers,
15except the last paragraph concerning refunds, and except that
16credit memoranda issued under this subsection may not be used
17to discharge any State tax liability) of the Automobile Renting
18Occupation and Use Tax Act, as fully as if provisions contained
19in those Sections of that Act were set forth in this
20subsection.
21    Whenever the Department determines that a refund should be
22made under this subsection to a claimant instead of issuing a
23credit memorandum, the Department shall notify the State
24Comptroller, who shall cause a warrant to be drawn for the
25amount specified and to the person named in the notification
26from the Department. The refund shall be paid by the State

 

 

10000HB3342sam003- 213 -LRB100 08528 JWD 41189 a

1Treasurer out of the Metropolitan Pier and Exposition Authority
2trust fund held by the State Treasurer as trustee for the
3Authority.
4    Except as otherwise provided in this paragraph, the
5Department shall forthwith pay over to the State Treasurer, ex
6officio, as trustee, all taxes, penalties, and interest
7collected under this subsection for deposit into a trust fund
8held outside the State Treasury. On or before the 25th day of
9each calendar month, the Department shall certify to the State
10Comptroller the amounts to be paid under subsection (g) of this
11Section, which shall be the amounts (not including credit
12memoranda) collected under this subsection during the second
13preceding calendar month by the Department, less any amounts
14determined by the Department to be necessary for payment of
15refunds, less 1.5% 2% of the remainder, which the Department
16shall transfer into the Tax Compliance and Administration Fund.
17The Department, at the time of each monthly disbursement to the
18Authority, shall prepare and certify to the State Comptroller
19the amount to be transferred into the Tax Compliance and
20Administration Fund under this subsection. Within 10 days after
21receipt by the State Comptroller of the Department's
22certification, the Comptroller shall cause the orders to be
23drawn for such amounts, and the Treasurer shall administer the
24amounts distributed to the Authority as required in subsection
25(g).
26    A certified copy of any ordinance imposing or discontinuing

 

 

10000HB3342sam003- 214 -LRB100 08528 JWD 41189 a

1a tax or effecting a change in the rate of that tax shall be
2filed with the Illinois Department of Revenue, whereupon the
3Department shall proceed to administer and enforce this
4subsection on behalf of the Authority as of the first day of
5the third calendar month following the date of filing.
6    (f) By ordinance the Authority shall, as soon as
7practicable after July 1, 1992 (the effective date of Public
8Act 87-733) this amendatory Act of 1991, impose an occupation
9tax on all persons, other than a governmental agency, engaged
10in the business of providing ground transportation for hire to
11passengers in the metropolitan area at a rate of (i) $4 per
12taxi or livery vehicle departure with passengers for hire from
13commercial service airports in the metropolitan area, (ii) for
14each departure with passengers for hire from a commercial
15service airport in the metropolitan area in a bus or van
16operated by a person other than a person described in item
17(iii): $18 per bus or van with a capacity of 1-12 passengers,
18$36 per bus or van with a capacity of 13-24 passengers, and $54
19per bus or van with a capacity of over 24 passengers, and (iii)
20for each departure with passengers for hire from a commercial
21service airport in the metropolitan area in a bus or van
22operated by a person regulated by the Interstate Commerce
23Commission or Illinois Commerce Commission, operating
24scheduled service from the airport, and charging fares on a per
25passenger basis: $2 per passenger for hire in each bus or van.
26The term "commercial service airports" means those airports

 

 

10000HB3342sam003- 215 -LRB100 08528 JWD 41189 a

1receiving scheduled passenger service and enplaning more than
2100,000 passengers per year.
3    In the ordinance imposing the tax, the Authority may
4provide for the administration and enforcement of the tax and
5the collection of the tax from persons subject to the tax as
6the Authority determines to be necessary or practicable for the
7effective administration of the tax. The Authority may enter
8into agreements as it deems appropriate with any governmental
9agency providing for that agency to act as the Authority's
10agent to collect the tax.
11    In the ordinance imposing the tax, the Authority may
12designate a method or methods for persons subject to the tax to
13reimburse themselves for the tax liability arising under the
14ordinance (i) by separately stating the full amount of the tax
15liability as an additional charge to passengers departing the
16airports, (ii) by separately stating one-half of the tax
17liability as an additional charge to both passengers departing
18from and to passengers arriving at the airports, or (iii) by
19some other method determined by the Authority.
20    All taxes, penalties, and interest collected under any
21ordinance adopted under this subsection, less any amounts
22determined to be necessary for the payment of refunds and less
23the taxes, penalties, and interest attributable to any increase
24in the rate of tax authorized by Public Act 96-898, shall be
25paid forthwith to the State Treasurer, ex officio, for deposit
26into a trust fund held outside the State Treasury and shall be

 

 

10000HB3342sam003- 216 -LRB100 08528 JWD 41189 a

1administered by the State Treasurer as provided in subsection
2(g) of this Section. All taxes, penalties, and interest
3attributable to any increase in the rate of tax authorized by
4Public Act 96-898 shall be paid by the State Treasurer as
5follows: 25% for deposit into the Convention Center Support
6Fund, to be used by the Village of Rosemont for the repair,
7maintenance, and improvement of the Donald E. Stephens
8Convention Center and for debt service on debt instruments
9issued for those purposes by the village and 75% to the
10Authority to be used for grants to an organization meeting the
11qualifications set out in Section 5.6 of this Act, provided the
12Metropolitan Pier and Exposition Authority has entered into a
13marketing agreement with such an organization.
14    (g) Amounts deposited from the proceeds of taxes imposed by
15the Authority under subsections (b), (c), (d), (e), and (f) of
16this Section and amounts deposited under Section 19 of the
17Illinois Sports Facilities Authority Act shall be held in a
18trust fund outside the State Treasury and, other than the
19amounts transferred into the Tax Compliance and Administration
20Fund under subsections (b), (c), (d), and (e), shall be
21administered by the Treasurer as follows:
22        (1) An amount necessary for the payment of refunds with
23    respect to those taxes shall be retained in the trust fund
24    and used for those payments.
25        (2) On July 20 and on the 20th of each month
26    thereafter, provided that the amount requested in the

 

 

10000HB3342sam003- 217 -LRB100 08528 JWD 41189 a

1    annual certificate of the Chairman of the Authority filed
2    under Section 8.25f of the State Finance Act has been
3    appropriated for payment to the Authority, 1/8 of the local
4    tax transfer amount, together with any cumulative
5    deficiencies in the amounts transferred into the McCormick
6    Place Expansion Project Fund under this subparagraph (2)
7    during the fiscal year for which the certificate has been
8    filed, shall be transferred from the trust fund into the
9    McCormick Place Expansion Project Fund in the State
10    treasury until 100% of the local tax transfer amount has
11    been so transferred. "Local tax transfer amount" shall mean
12    the amount requested in the annual certificate, minus the
13    reduction amount. "Reduction amount" shall mean $41.7
14    million in fiscal year 2011, $36.7 million in fiscal year
15    2012, $36.7 million in fiscal year 2013, $36.7 million in
16    fiscal year 2014, and $31.7 million in each fiscal year
17    thereafter until 2032, provided that the reduction amount
18    shall be reduced by (i) the amount certified by the
19    Authority to the State Comptroller and State Treasurer
20    under Section 8.25 of the State Finance Act, as amended,
21    with respect to that fiscal year and (ii) in any fiscal
22    year in which the amounts deposited in the trust fund under
23    this Section exceed $318.3 million, exclusive of amounts
24    set aside for refunds and for the reserve account, one
25    dollar for each dollar of the deposits in the trust fund
26    above $318.3 million with respect to that year, exclusive

 

 

10000HB3342sam003- 218 -LRB100 08528 JWD 41189 a

1    of amounts set aside for refunds and for the reserve
2    account.
3        (3) On July 20, 2010, the Comptroller shall certify to
4    the Governor, the Treasurer, and the Chairman of the
5    Authority the 2010 deficiency amount, which means the
6    cumulative amount of transfers that were due from the trust
7    fund to the McCormick Place Expansion Project Fund in
8    fiscal years 2008, 2009, and 2010 under Section 13(g) of
9    this Act, as it existed prior to May 27, 2010 (the
10    effective date of Public Act 96-898), but not made. On July
11    20, 2011 and on July 20 of each year through July 20, 2014,
12    the Treasurer shall calculate for the previous fiscal year
13    the surplus revenues in the trust fund and pay that amount
14    to the Authority. On July 20, 2015 and on July 20 of each
15    year thereafter to and including July 20, 2017, as long as
16    bonds and notes issued under Section 13.2 or bonds and
17    notes issued to refund those bonds and notes are
18    outstanding, the Treasurer shall calculate for the
19    previous fiscal year the surplus revenues in the trust fund
20    and pay one-half of that amount to the State Treasurer for
21    deposit into the General Revenue Fund until the 2010
22    deficiency amount has been paid and shall pay the balance
23    of the surplus revenues to the Authority. On July 20, 2018
24    and on July 20 of each year thereafter, the Treasurer shall
25    calculate for the previous fiscal year the surplus revenues
26    in the trust fund and pay all of such surplus revenues to

 

 

10000HB3342sam003- 219 -LRB100 08528 JWD 41189 a

1    the State Treasurer for deposit into the General Revenue
2    Fund until the 2010 deficiency amount has been paid. After
3    the 2010 deficiency amount has been paid, the Treasurer
4    shall pay the balance of the surplus revenues to the
5    Authority. "Surplus revenues" means the amounts remaining
6    in the trust fund on June 30 of the previous fiscal year
7    (A) after the State Treasurer has set aside in the trust
8    fund (i) amounts retained for refunds under subparagraph
9    (1) and (ii) any amounts necessary to meet the reserve
10    account amount and (B) after the State Treasurer has
11    transferred from the trust fund to the General Revenue Fund
12    100% of any post-2010 deficiency amount. "Reserve account
13    amount" means $15 million in fiscal year 2011 and $30
14    million in each fiscal year thereafter. The reserve account
15    amount shall be set aside in the trust fund and used as a
16    reserve to be transferred to the McCormick Place Expansion
17    Project Fund in the event the proceeds of taxes imposed
18    under this Section 13 are not sufficient to fund the
19    transfer required in subparagraph (2). "Post-2010
20    deficiency amount" means any deficiency in transfers from
21    the trust fund to the McCormick Place Expansion Project
22    Fund with respect to fiscal years 2011 and thereafter. It
23    is the intention of this subparagraph (3) that no surplus
24    revenues shall be paid to the Authority with respect to any
25    year in which a post-2010 deficiency amount has not been
26    satisfied by the Authority.

 

 

10000HB3342sam003- 220 -LRB100 08528 JWD 41189 a

1    Moneys received by the Authority as surplus revenues may be
2used (i) for the purposes of paying debt service on the bonds
3and notes issued by the Authority, including early redemption
4of those bonds or notes, (ii) for the purposes of repair,
5replacement, and improvement of the grounds, buildings, and
6facilities of the Authority, and (iii) for the corporate
7purposes of the Authority in fiscal years 2011 through 2015 in
8an amount not to exceed $20,000,000 annually or $80,000,000
9total, which amount shall be reduced $0.75 for each dollar of
10the receipts of the Authority in that year from any contract
11entered into with respect to naming rights at McCormick Place
12under Section 5(m) of this Act. When bonds and notes issued
13under Section 13.2, or bonds or notes issued to refund those
14bonds and notes, are no longer outstanding, the balance in the
15trust fund shall be paid to the Authority.
16    (h) The ordinances imposing the taxes authorized by this
17Section shall be repealed when bonds and notes issued under
18Section 13.2 or bonds and notes issued to refund those bonds
19and notes are no longer outstanding.
20(Source: P.A. 100-23, Article 5, Section 5-35, eff. 7-6-17;
21100-23, Article 35, Section 35-25, eff. 7-6-17; revised
228-15-17.)
 
23    Section 20-25. The Metro-East Park and Recreation District
24Act is amended by changing Section 30 as follows:
 

 

 

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1    (70 ILCS 1605/30)
2    Sec. 30. Taxes.
3    (a) The board shall impose a tax upon all persons engaged
4in the business of selling tangible personal property, other
5than personal property titled or registered with an agency of
6this State's government, at retail in the District on the gross
7receipts from the sales made in the course of business. This
8tax shall be imposed only at the rate of one-tenth of one per
9cent.
10    This additional tax may not be imposed on the sales of food
11for human consumption that is to be consumed off the premises
12where it is sold (other than alcoholic beverages, soft drinks,
13and food which has been prepared for immediate consumption) and
14prescription and non-prescription medicines, drugs, medical
15appliances, and insulin, urine testing materials, syringes,
16and needles used by diabetics. The tax imposed by the Board
17under this Section and all civil penalties that may be assessed
18as an incident of the tax shall be collected and enforced by
19the Department of Revenue. The certificate of registration that
20is issued by the Department to a retailer under the Retailers'
21Occupation Tax Act shall permit the retailer to engage in a
22business that is taxable without registering separately with
23the Department under an ordinance or resolution under this
24Section. The Department has full power to administer and
25enforce this Section, to collect all taxes and penalties due
26under this Section, to dispose of taxes and penalties so

 

 

10000HB3342sam003- 222 -LRB100 08528 JWD 41189 a

1collected in the manner provided in this Section, and to
2determine all rights to credit memoranda arising on account of
3the erroneous payment of a tax or penalty under this Section.
4In the administration of and compliance with this Section, the
5Department and persons who are subject to this Section shall
6(i) have the same rights, remedies, privileges, immunities,
7powers, and duties, (ii) be subject to the same conditions,
8restrictions, limitations, penalties, and definitions of
9terms, and (iii) employ the same modes of procedure as are
10prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 1k, 1m,
111n, 2, 2-5, 2-5.5, 2-10 (in respect to all provisions contained
12in those Sections other than the State rate of tax), 2-12, 2-15
13through 2-70, 2a, 2b, 2c, 3 (except provisions relating to
14transaction returns and quarter monthly payments), 4, 5, 5a,
155b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
167, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
17Tax Act and the Uniform Penalty and Interest Act as if those
18provisions were set forth in this Section.
19    Persons subject to any tax imposed under the authority
20granted in this Section may reimburse themselves for their
21sellers' tax liability by separately stating the tax as an
22additional charge, which charge may be stated in combination,
23in a single amount, with State tax which sellers are required
24to collect under the Use Tax Act, pursuant to such bracketed
25schedules as the Department may prescribe.
26    Whenever the Department determines that a refund should be

 

 

10000HB3342sam003- 223 -LRB100 08528 JWD 41189 a

1made under this Section to a claimant instead of issuing a
2credit memorandum, the Department shall notify the State
3Comptroller, who shall cause the order to be drawn for the
4amount specified and to the person named in the notification
5from the Department. The refund shall be paid by the State
6Treasurer out of the State Metro-East Park and Recreation
7District Fund.
8    (b) If a tax has been imposed under subsection (a), a
9service occupation tax shall also be imposed at the same rate
10upon all persons engaged, in the District, in the business of
11making sales of service, who, as an incident to making those
12sales of service, transfer tangible personal property within
13the District as an incident to a sale of service. This tax may
14not be imposed on sales of food for human consumption that is
15to be consumed off the premises where it is sold (other than
16alcoholic beverages, soft drinks, and food prepared for
17immediate consumption) and prescription and non-prescription
18medicines, drugs, medical appliances, and insulin, urine
19testing materials, syringes, and needles used by diabetics. The
20tax imposed under this subsection and all civil penalties that
21may be assessed as an incident thereof shall be collected and
22enforced by the Department of Revenue. The Department has full
23power to administer and enforce this subsection; to collect all
24taxes and penalties due hereunder; to dispose of taxes and
25penalties so collected in the manner hereinafter provided; and
26to determine all rights to credit memoranda arising on account

 

 

10000HB3342sam003- 224 -LRB100 08528 JWD 41189 a

1of the erroneous payment of tax or penalty hereunder. In the
2administration of, and compliance with this subsection, the
3Department and persons who are subject to this paragraph shall
4(i) have the same rights, remedies, privileges, immunities,
5powers, and duties, (ii) be subject to the same conditions,
6restrictions, limitations, penalties, exclusions, exemptions,
7and definitions of terms, and (iii) employ the same modes of
8procedure as are prescribed in Sections 2 (except that the
9reference to State in the definition of supplier maintaining a
10place of business in this State shall mean the District), 2a,
112b, 2c, 3 through 3-50 (in respect to all provisions therein
12other than the State rate of tax), 4 (except that the reference
13to the State shall be to the District), 5, 7, 8 (except that
14the jurisdiction to which the tax shall be a debt to the extent
15indicated in that Section 8 shall be the District), 9 (except
16as to the disposition of taxes and penalties collected), 10,
1711, 12 (except the reference therein to Section 2b of the
18Retailers' Occupation Tax Act), 13 (except that any reference
19to the State shall mean the District), Sections 15, 16, 17, 18,
2019 and 20 of the Service Occupation Tax Act and the Uniform
21Penalty and Interest Act, as fully as if those provisions were
22set forth herein.
23    Persons subject to any tax imposed under the authority
24granted in this subsection may reimburse themselves for their
25serviceman's tax liability by separately stating the tax as an
26additional charge, which charge may be stated in combination,

 

 

10000HB3342sam003- 225 -LRB100 08528 JWD 41189 a

1in a single amount, with State tax that servicemen are
2authorized to collect under the Service Use Tax Act, in
3accordance with such bracket schedules as the Department may
4prescribe.
5    Whenever the Department determines that a refund should be
6made under this subsection to a claimant instead of issuing a
7credit memorandum, the Department shall notify the State
8Comptroller, who shall cause the warrant to be drawn for the
9amount specified, and to the person named, in the notification
10from the Department. The refund shall be paid by the State
11Treasurer out of the State Metro-East Park and Recreation
12District Fund.
13    Nothing in this subsection shall be construed to authorize
14the board to impose a tax upon the privilege of engaging in any
15business which under the Constitution of the United States may
16not be made the subject of taxation by the State.
17    (c) The Department shall immediately pay over to the State
18Treasurer, ex officio, as trustee, all taxes and penalties
19collected under this Section to be deposited into the State
20Metro-East Park and Recreation District Fund, which shall be an
21unappropriated trust fund held outside of the State treasury.
22    As soon as possible after the first day of each month,
23beginning January 1, 2011, upon certification of the Department
24of Revenue, the Comptroller shall order transferred, and the
25Treasurer shall transfer, to the STAR Bonds Revenue Fund the
26local sales tax increment, as defined in the Innovation

 

 

10000HB3342sam003- 226 -LRB100 08528 JWD 41189 a

1Development and Economy Act, collected under this Section
2during the second preceding calendar month for sales within a
3STAR bond district. The Department shall make this
4certification only if the Metro East Park and Recreation
5District imposes a tax on real property as provided in the
6definition of "local sales taxes" under the Innovation
7Development and Economy Act.
8    After the monthly transfer to the STAR Bonds Revenue Fund,
9on or before the 25th day of each calendar month, the
10Department shall prepare and certify to the Comptroller the
11disbursement of stated sums of money pursuant to Section 35 of
12this Act to the District from which retailers have paid taxes
13or penalties to the Department during the second preceding
14calendar month. The amount to be paid to the District shall be
15the amount (not including credit memoranda) collected under
16this Section during the second preceding calendar month by the
17Department plus an amount the Department determines is
18necessary to offset any amounts that were erroneously paid to a
19different taxing body, and not including (i) an amount equal to
20the amount of refunds made during the second preceding calendar
21month by the Department on behalf of the District, (ii) any
22amount that the Department determines is necessary to offset
23any amounts that were payable to a different taxing body but
24were erroneously paid to the District, (iii) any amounts that
25are transferred to the STAR Bonds Revenue Fund, and (iv) 1.5%
262% of the remainder, which the Department shall transfer into

 

 

10000HB3342sam003- 227 -LRB100 08528 JWD 41189 a

1the Tax Compliance and Administration Fund. The Department, at
2the time of each monthly disbursement to the District, shall
3prepare and certify to the State Comptroller the amount to be
4transferred into the Tax Compliance and Administration Fund
5under this subsection. Within 10 days after receipt by the
6Comptroller of the disbursement certification to the District
7and the Tax Compliance and Administration Fund provided for in
8this Section to be given to the Comptroller by the Department,
9the Comptroller shall cause the orders to be drawn for the
10respective amounts in accordance with directions contained in
11the certification.
12    (d) For the purpose of determining whether a tax authorized
13under this Section is applicable, a retail sale by a producer
14of coal or another mineral mined in Illinois is a sale at
15retail at the place where the coal or other mineral mined in
16Illinois is extracted from the earth. This paragraph does not
17apply to coal or another mineral when it is delivered or
18shipped by the seller to the purchaser at a point outside
19Illinois so that the sale is exempt under the United States
20Constitution as a sale in interstate or foreign commerce.
21    (e) Nothing in this Section shall be construed to authorize
22the board to impose a tax upon the privilege of engaging in any
23business that under the Constitution of the United States may
24not be made the subject of taxation by this State.
25    (f) An ordinance imposing a tax under this Section or an
26ordinance extending the imposition of a tax to an additional

 

 

10000HB3342sam003- 228 -LRB100 08528 JWD 41189 a

1county or counties shall be certified by the board and filed
2with the Department of Revenue either (i) on or before the
3first day of April, whereupon the Department shall proceed to
4administer and enforce the tax as of the first day of July next
5following the filing; or (ii) on or before the first day of
6October, whereupon the Department shall proceed to administer
7and enforce the tax as of the first day of January next
8following the filing.
9    (g) When certifying the amount of a monthly disbursement to
10the District under this Section, the Department shall increase
11or decrease the amounts by an amount necessary to offset any
12misallocation of previous disbursements. The offset amount
13shall be the amount erroneously disbursed within the previous 6
14months from the time a misallocation is discovered.
15(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
 
16    Section 20-30. The Local Mass Transit District Act is
17amended by changing Section 5.01 as follows:
 
18    (70 ILCS 3610/5.01)   (from Ch. 111 2/3, par. 355.01)
19    Sec. 5.01. Metro East Mass Transit District; use and
20occupation taxes.
21    (a) The Board of Trustees of any Metro East Mass Transit
22District may, by ordinance adopted with the concurrence of
23two-thirds of the then trustees, impose throughout the District
24any or all of the taxes and fees provided in this Section. All

 

 

10000HB3342sam003- 229 -LRB100 08528 JWD 41189 a

1taxes and fees imposed under this Section shall be used only
2for public mass transportation systems, and the amount used to
3provide mass transit service to unserved areas of the District
4shall be in the same proportion to the total proceeds as the
5number of persons residing in the unserved areas is to the
6total population of the District. Except as otherwise provided
7in this Act, taxes imposed under this Section and civil
8penalties imposed incident thereto shall be collected and
9enforced by the State Department of Revenue. The Department
10shall have the power to administer and enforce the taxes and to
11determine all rights for refunds for erroneous payments of the
12taxes.
13    (b) The Board may impose a Metro East Mass Transit District
14Retailers' Occupation Tax upon all persons engaged in the
15business of selling tangible personal property at retail in the
16district at a rate of 1/4 of 1%, or as authorized under
17subsection (d-5) of this Section, of the gross receipts from
18the sales made in the course of such business within the
19district. The tax imposed under this Section and all civil
20penalties that may be assessed as an incident thereof shall be
21collected and enforced by the State Department of Revenue. The
22Department shall have full power to administer and enforce this
23Section; to collect all taxes and penalties so collected in the
24manner hereinafter provided; and to determine all rights to
25credit memoranda arising on account of the erroneous payment of
26tax or penalty hereunder. In the administration of, and

 

 

10000HB3342sam003- 230 -LRB100 08528 JWD 41189 a

1compliance with, this Section, the Department and persons who
2are subject to this Section shall have the same rights,
3remedies, privileges, immunities, powers and duties, and be
4subject to the same conditions, restrictions, limitations,
5penalties, exclusions, exemptions and definitions of terms and
6employ the same modes of procedure, as are prescribed in
7Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65
8(in respect to all provisions therein other than the State rate
9of tax), 2c, 3 (except as to the disposition of taxes and
10penalties collected), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,
115k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, 13, and 14 of
12the Retailers' Occupation Tax Act and Section 3-7 of the
13Uniform Penalty and Interest Act, as fully as if those
14provisions were set forth herein.
15    Persons subject to any tax imposed under the Section may
16reimburse themselves for their seller's tax liability
17hereunder by separately stating the tax as an additional
18charge, which charge may be stated in combination, in a single
19amount, with State taxes that sellers are required to collect
20under the Use Tax Act, in accordance with such bracket
21schedules as the Department may prescribe.
22    Whenever the Department determines that a refund should be
23made under this Section to a claimant instead of issuing a
24credit memorandum, the Department shall notify the State
25Comptroller, who shall cause the warrant to be drawn for the
26amount specified, and to the person named, in the notification

 

 

10000HB3342sam003- 231 -LRB100 08528 JWD 41189 a

1from the Department. The refund shall be paid by the State
2Treasurer out of the Metro East Mass Transit District tax fund
3established under paragraph (h) of this Section.
4    If a tax is imposed under this subsection (b), a tax shall
5also be imposed under subsections (c) and (d) of this Section.
6    For the purpose of determining whether a tax authorized
7under this Section is applicable, a retail sale, by a producer
8of coal or other mineral mined in Illinois, is a sale at retail
9at the place where the coal or other mineral mined in Illinois
10is extracted from the earth. This paragraph does not apply to
11coal or other mineral when it is delivered or shipped by the
12seller to the purchaser at a point outside Illinois so that the
13sale is exempt under the Federal Constitution as a sale in
14interstate or foreign commerce.
15    No tax shall be imposed or collected under this subsection
16on the sale of a motor vehicle in this State to a resident of
17another state if that motor vehicle will not be titled in this
18State.
19    Nothing in this Section shall be construed to authorize the
20Metro East Mass Transit District to impose a tax upon the
21privilege of engaging in any business which under the
22Constitution of the United States may not be made the subject
23of taxation by this State.
24    (c) If a tax has been imposed under subsection (b), a Metro
25East Mass Transit District Service Occupation Tax shall also be
26imposed upon all persons engaged, in the district, in the

 

 

10000HB3342sam003- 232 -LRB100 08528 JWD 41189 a

1business of making sales of service, who, as an incident to
2making those sales of service, transfer tangible personal
3property within the District, either in the form of tangible
4personal property or in the form of real estate as an incident
5to a sale of service. The tax rate shall be 1/4%, or as
6authorized under subsection (d-5) of this Section, of the
7selling price of tangible personal property so transferred
8within the district. The tax imposed under this paragraph and
9all civil penalties that may be assessed as an incident thereof
10shall be collected and enforced by the State Department of
11Revenue. The Department shall have full power to administer and
12enforce this paragraph; to collect all taxes and penalties due
13hereunder; to dispose of taxes and penalties so collected in
14the manner hereinafter provided; and to determine all rights to
15credit memoranda arising on account of the erroneous payment of
16tax or penalty hereunder. In the administration of, and
17compliance with this paragraph, the Department and persons who
18are subject to this paragraph shall have the same rights,
19remedies, privileges, immunities, powers and duties, and be
20subject to the same conditions, restrictions, limitations,
21penalties, exclusions, exemptions and definitions of terms and
22employ the same modes of procedure as are prescribed in
23Sections 1a-1, 2 (except that the reference to State in the
24definition of supplier maintaining a place of business in this
25State shall mean the Authority), 2a, 3 through 3-50 (in respect
26to all provisions therein other than the State rate of tax), 4

 

 

10000HB3342sam003- 233 -LRB100 08528 JWD 41189 a

1(except that the reference to the State shall be to the
2Authority), 5, 7, 8 (except that the jurisdiction to which the
3tax shall be a debt to the extent indicated in that Section 8
4shall be the District), 9 (except as to the disposition of
5taxes and penalties collected, and except that the returned
6merchandise credit for this tax may not be taken against any
7State tax), 10, 11, 12 (except the reference therein to Section
82b of the Retailers' Occupation Tax Act), 13 (except that any
9reference to the State shall mean the District), the first
10paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service
11Occupation Tax Act and Section 3-7 of the Uniform Penalty and
12Interest Act, as fully as if those provisions were set forth
13herein.
14    Persons subject to any tax imposed under the authority
15granted in this paragraph may reimburse themselves for their
16serviceman's tax liability hereunder by separately stating the
17tax as an additional charge, which charge may be stated in
18combination, in a single amount, with State tax that servicemen
19are authorized to collect under the Service Use Tax Act, in
20accordance with such bracket schedules as the Department may
21prescribe.
22    Whenever the Department determines that a refund should be
23made under this paragraph to a claimant instead of issuing a
24credit memorandum, the Department shall notify the State
25Comptroller, who shall cause the warrant to be drawn for the
26amount specified, and to the person named, in the notification

 

 

10000HB3342sam003- 234 -LRB100 08528 JWD 41189 a

1from the Department. The refund shall be paid by the State
2Treasurer out of the Metro East Mass Transit District tax fund
3established under paragraph (h) of this Section.
4    Nothing in this paragraph shall be construed to authorize
5the District to impose a tax upon the privilege of engaging in
6any business which under the Constitution of the United States
7may not be made the subject of taxation by the State.
8    (d) If a tax has been imposed under subsection (b), a Metro
9East Mass Transit District Use Tax shall also be imposed upon
10the privilege of using, in the district, any item of tangible
11personal property that is purchased outside the district at
12retail from a retailer, and that is titled or registered with
13an agency of this State's government, at a rate of 1/4%, or as
14authorized under subsection (d-5) of this Section, of the
15selling price of the tangible personal property within the
16District, as "selling price" is defined in the Use Tax Act. The
17tax shall be collected from persons whose Illinois address for
18titling or registration purposes is given as being in the
19District. The tax shall be collected by the Department of
20Revenue for the Metro East Mass Transit District. The tax must
21be paid to the State, or an exemption determination must be
22obtained from the Department of Revenue, before the title or
23certificate of registration for the property may be issued. The
24tax or proof of exemption may be transmitted to the Department
25by way of the State agency with which, or the State officer
26with whom, the tangible personal property must be titled or

 

 

10000HB3342sam003- 235 -LRB100 08528 JWD 41189 a

1registered if the Department and the State agency or State
2officer determine that this procedure will expedite the
3processing of applications for title or registration.
4    The Department shall have full power to administer and
5enforce this paragraph; to collect all taxes, penalties and
6interest due hereunder; to dispose of taxes, penalties and
7interest so collected in the manner hereinafter provided; and
8to determine all rights to credit memoranda or refunds arising
9on account of the erroneous payment of tax, penalty or interest
10hereunder. In the administration of, and compliance with, this
11paragraph, the Department and persons who are subject to this
12paragraph shall have the same rights, remedies, privileges,
13immunities, powers and duties, and be subject to the same
14conditions, restrictions, limitations, penalties, exclusions,
15exemptions and definitions of terms and employ the same modes
16of procedure, as are prescribed in Sections 2 (except the
17definition of "retailer maintaining a place of business in this
18State"), 3 through 3-80 (except provisions pertaining to the
19State rate of tax, and except provisions concerning collection
20or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
2119 (except the portions pertaining to claims by retailers and
22except the last paragraph concerning refunds), 20, 21 and 22 of
23the Use Tax Act and Section 3-7 of the Uniform Penalty and
24Interest Act, that are not inconsistent with this paragraph, as
25fully as if those provisions were set forth herein.
26    Whenever the Department determines that a refund should be

 

 

10000HB3342sam003- 236 -LRB100 08528 JWD 41189 a

1made under this paragraph to a claimant instead of issuing a
2credit memorandum, the Department shall notify the State
3Comptroller, who shall cause the order to be drawn for the
4amount specified, and to the person named, in the notification
5from the Department. The refund shall be paid by the State
6Treasurer out of the Metro East Mass Transit District tax fund
7established under paragraph (h) of this Section.
8    (d-5) (A) The county board of any county participating in
9the Metro East Mass Transit District may authorize, by
10ordinance, a referendum on the question of whether the tax
11rates for the Metro East Mass Transit District Retailers'
12Occupation Tax, the Metro East Mass Transit District Service
13Occupation Tax, and the Metro East Mass Transit District Use
14Tax for the District should be increased from 0.25% to 0.75%.
15Upon adopting the ordinance, the county board shall certify the
16proposition to the proper election officials who shall submit
17the proposition to the voters of the District at the next
18election, in accordance with the general election law.
19    The proposition shall be in substantially the following
20form:
21        Shall the tax rates for the Metro East Mass Transit
22    District Retailers' Occupation Tax, the Metro East Mass
23    Transit District Service Occupation Tax, and the Metro East
24    Mass Transit District Use Tax be increased from 0.25% to
25    0.75%?
26    (B) Two thousand five hundred electors of any Metro East

 

 

10000HB3342sam003- 237 -LRB100 08528 JWD 41189 a

1Mass Transit District may petition the Chief Judge of the
2Circuit Court, or any judge of that Circuit designated by the
3Chief Judge, in which that District is located to cause to be
4submitted to a vote of the electors the question whether the
5tax rates for the Metro East Mass Transit District Retailers'
6Occupation Tax, the Metro East Mass Transit District Service
7Occupation Tax, and the Metro East Mass Transit District Use
8Tax for the District should be increased from 0.25% to 0.75%.
9    Upon submission of such petition the court shall set a date
10not less than 10 nor more than 30 days thereafter for a hearing
11on the sufficiency thereof. Notice of the filing of such
12petition and of such date shall be given in writing to the
13District and the County Clerk at least 7 days before the date
14of such hearing.
15    If such petition is found sufficient, the court shall enter
16an order to submit that proposition at the next election, in
17accordance with general election law.
18    The form of the petition shall be in substantially the
19following form: To the Circuit Court of the County of (name of
20county):
21        We, the undersigned electors of the (name of transit
22    district), respectfully petition your honor to submit to a
23    vote of the electors of (name of transit district) the
24    following proposition:
25        Shall the tax rates for the Metro East Mass Transit
26    District Retailers' Occupation Tax, the Metro East Mass

 

 

10000HB3342sam003- 238 -LRB100 08528 JWD 41189 a

1    Transit District Service Occupation Tax, and the Metro East
2    Mass Transit District Use Tax be increased from 0.25% to
3    0.75%?
4        Name                Address, with Street and Number.
5..............................................................
6..............................................................
7    (C) The votes shall be recorded as "YES" or "NO". If a
8majority of all votes cast on the proposition are for the
9increase in the tax rates, the Metro East Mass Transit District
10shall begin imposing the increased rates in the District, and
11the Department of Revenue shall begin collecting the increased
12amounts, as provided under this Section. An ordinance imposing
13or discontinuing a tax hereunder or effecting a change in the
14rate thereof shall be adopted and a certified copy thereof
15filed with the Department on or before the first day of
16October, whereupon the Department shall proceed to administer
17and enforce this Section as of the first day of January next
18following the adoption and filing, or on or before the first
19day of April, whereupon the Department shall proceed to
20administer and enforce this Section as of the first day of July
21next following the adoption and filing.
22    (D) If the voters have approved a referendum under this
23subsection, before November 1, 1994, to increase the tax rate
24under this subsection, the Metro East Mass Transit District
25Board of Trustees may adopt by a majority vote an ordinance at
26any time before January 1, 1995 that excludes from the rate

 

 

10000HB3342sam003- 239 -LRB100 08528 JWD 41189 a

1increase tangible personal property that is titled or
2registered with an agency of this State's government. The
3ordinance excluding titled or registered tangible personal
4property from the rate increase must be filed with the
5Department at least 15 days before its effective date. At any
6time after adopting an ordinance excluding from the rate
7increase tangible personal property that is titled or
8registered with an agency of this State's government, the Metro
9East Mass Transit District Board of Trustees may adopt an
10ordinance applying the rate increase to that tangible personal
11property. The ordinance shall be adopted, and a certified copy
12of that ordinance shall be filed with the Department, on or
13before October 1, whereupon the Department shall proceed to
14administer and enforce the rate increase against tangible
15personal property titled or registered with an agency of this
16State's government as of the following January 1. After
17December 31, 1995, any reimposed rate increase in effect under
18this subsection shall no longer apply to tangible personal
19property titled or registered with an agency of this State's
20government. Beginning January 1, 1996, the Board of Trustees of
21any Metro East Mass Transit District may never reimpose a
22previously excluded tax rate increase on tangible personal
23property titled or registered with an agency of this State's
24government. After July 1, 2004, if the voters have approved a
25referendum under this subsection to increase the tax rate under
26this subsection, the Metro East Mass Transit District Board of

 

 

10000HB3342sam003- 240 -LRB100 08528 JWD 41189 a

1Trustees may adopt by a majority vote an ordinance that
2excludes from the rate increase tangible personal property that
3is titled or registered with an agency of this State's
4government. The ordinance excluding titled or registered
5tangible personal property from the rate increase shall be
6adopted, and a certified copy of that ordinance shall be filed
7with the Department on or before October 1, whereupon the
8Department shall administer and enforce this exclusion from the
9rate increase as of the following January 1, or on or before
10April 1, whereupon the Department shall administer and enforce
11this exclusion from the rate increase as of the following July
121. The Board of Trustees of any Metro East Mass Transit
13District may never reimpose a previously excluded tax rate
14increase on tangible personal property titled or registered
15with an agency of this State's government.
16    (d-6) If the Board of Trustees of any Metro East Mass
17Transit District has imposed a rate increase under subsection
18(d-5) and filed an ordinance with the Department of Revenue
19excluding titled property from the higher rate, then that Board
20may, by ordinance adopted with the concurrence of two-thirds of
21the then trustees, impose throughout the District a fee. The
22fee on the excluded property shall not exceed $20 per retail
23transaction or an amount equal to the amount of tax excluded,
24whichever is less, on tangible personal property that is titled
25or registered with an agency of this State's government.
26Beginning July 1, 2004, the fee shall apply only to titled

 

 

10000HB3342sam003- 241 -LRB100 08528 JWD 41189 a

1property that is subject to either the Metro East Mass Transit
2District Retailers' Occupation Tax or the Metro East Mass
3Transit District Service Occupation Tax. No fee shall be
4imposed or collected under this subsection on the sale of a
5motor vehicle in this State to a resident of another state if
6that motor vehicle will not be titled in this State.
7    (d-7) Until June 30, 2004, if a fee has been imposed under
8subsection (d-6), a fee shall also be imposed upon the
9privilege of using, in the district, any item of tangible
10personal property that is titled or registered with any agency
11of this State's government, in an amount equal to the amount of
12the fee imposed under subsection (d-6).
13    (d-7.1) Beginning July 1, 2004, any fee imposed by the
14Board of Trustees of any Metro East Mass Transit District under
15subsection (d-6) and all civil penalties that may be assessed
16as an incident of the fees shall be collected and enforced by
17the State Department of Revenue. Reference to "taxes" in this
18Section shall be construed to apply to the administration,
19payment, and remittance of all fees under this Section. For
20purposes of any fee imposed under subsection (d-6), 4% of the
21fee, penalty, and interest received by the Department in the
22first 12 months that the fee is collected and enforced by the
23Department and 2% of the fee, penalty, and interest following
24the first 12 months shall be deposited into the Tax Compliance
25and Administration Fund and shall be used by the Department,
26subject to appropriation, to cover the costs of the Department.

 

 

10000HB3342sam003- 242 -LRB100 08528 JWD 41189 a

1No retailers' discount shall apply to any fee imposed under
2subsection (d-6).
3    (d-8) No item of titled property shall be subject to both
4the higher rate approved by referendum, as authorized under
5subsection (d-5), and any fee imposed under subsection (d-6) or
6(d-7).
7    (d-9) (Blank).
8    (d-10) (Blank).
9    (e) A certificate of registration issued by the State
10Department of Revenue to a retailer under the Retailers'
11Occupation Tax Act or under the Service Occupation Tax Act
12shall permit the registrant to engage in a business that is
13taxed under the tax imposed under paragraphs (b), (c) or (d) of
14this Section and no additional registration shall be required
15under the tax. A certificate issued under the Use Tax Act or
16the Service Use Tax Act shall be applicable with regard to any
17tax imposed under paragraph (c) of this Section.
18    (f) (Blank).
19    (g) Any ordinance imposing or discontinuing any tax under
20this Section shall be adopted and a certified copy thereof
21filed with the Department on or before June 1, whereupon the
22Department of Revenue shall proceed to administer and enforce
23this Section on behalf of the Metro East Mass Transit District
24as of September 1 next following such adoption and filing.
25Beginning January 1, 1992, an ordinance or resolution imposing
26or discontinuing the tax hereunder shall be adopted and a

 

 

10000HB3342sam003- 243 -LRB100 08528 JWD 41189 a

1certified copy thereof filed with the Department on or before
2the first day of July, whereupon the Department shall proceed
3to administer and enforce this Section as of the first day of
4October next following such adoption and filing. Beginning
5January 1, 1993, except as provided in subsection (d-5) of this
6Section, an ordinance or resolution imposing or discontinuing
7the tax hereunder shall be adopted and a certified copy thereof
8filed with the Department on or before the first day of
9October, whereupon the Department shall proceed to administer
10and enforce this Section as of the first day of January next
11following such adoption and filing, or, beginning January 1,
122004, on or before the first day of April, whereupon the
13Department shall proceed to administer and enforce this Section
14as of the first day of July next following the adoption and
15filing.
16    (h) Except as provided in subsection (d-7.1), the State
17Department of Revenue shall, upon collecting any taxes as
18provided in this Section, pay the taxes over to the State
19Treasurer as trustee for the District. The taxes shall be held
20in a trust fund outside the State Treasury.
21    As soon as possible after the first day of each month,
22beginning January 1, 2011, upon certification of the Department
23of Revenue, the Comptroller shall order transferred, and the
24Treasurer shall transfer, to the STAR Bonds Revenue Fund the
25local sales tax increment, as defined in the Innovation
26Development and Economy Act, collected under this Section

 

 

10000HB3342sam003- 244 -LRB100 08528 JWD 41189 a

1during the second preceding calendar month for sales within a
2STAR bond district. The Department shall make this
3certification only if the local mass transit district imposes a
4tax on real property as provided in the definition of "local
5sales taxes" under the Innovation Development and Economy Act.
6    After the monthly transfer to the STAR Bonds Revenue Fund,
7on or before the 25th day of each calendar month, the State
8Department of Revenue shall prepare and certify to the
9Comptroller of the State of Illinois the amount to be paid to
10the District, which shall be the amount (not including credit
11memoranda) collected under this Section during the second
12preceding calendar month by the Department plus an amount the
13Department determines is necessary to offset any amounts that
14were erroneously paid to a different taxing body, and not
15including any amount equal to the amount of refunds made during
16the second preceding calendar month by the Department on behalf
17of the District, and not including any amount that the
18Department determines is necessary to offset any amounts that
19were payable to a different taxing body but were erroneously
20paid to the District, and less any amounts that are transferred
21to the STAR Bonds Revenue Fund, less 1.5% 2% of the remainder,
22which the Department shall transfer into the Tax Compliance and
23Administration Fund. The Department, at the time of each
24monthly disbursement to the District, shall prepare and certify
25to the State Comptroller the amount to be transferred into the
26Tax Compliance and Administration Fund under this subsection.

 

 

10000HB3342sam003- 245 -LRB100 08528 JWD 41189 a

1Within 10 days after receipt by the Comptroller of the
2certification of the amount to be paid to the District and the
3Tax Compliance and Administration Fund, the Comptroller shall
4cause an order to be drawn for payment for the amount in
5accordance with the direction in the certification.
6(Source: P.A. 99-217, eff. 7-31-15; 100-23, eff. 7-6-17.)
 
7    Section 20-35. The Regional Transportation Authority Act
8is amended by changing Section 4.03 as follows:
 
9    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)
10    Sec. 4.03. Taxes.
11    (a) In order to carry out any of the powers or purposes of
12the Authority, the Board may by ordinance adopted with the
13concurrence of 12 of the then Directors, impose throughout the
14metropolitan region any or all of the taxes provided in this
15Section. Except as otherwise provided in this Act, taxes
16imposed under this Section and civil penalties imposed incident
17thereto shall be collected and enforced by the State Department
18of Revenue. The Department shall have the power to administer
19and enforce the taxes and to determine all rights for refunds
20for erroneous payments of the taxes. Nothing in Public Act
2195-708 is intended to invalidate any taxes currently imposed by
22the Authority. The increased vote requirements to impose a tax
23shall only apply to actions taken after January 1, 2008 (the
24effective date of Public Act 95-708).

 

 

10000HB3342sam003- 246 -LRB100 08528 JWD 41189 a

1    (b) The Board may impose a public transportation tax upon
2all persons engaged in the metropolitan region in the business
3of selling at retail motor fuel for operation of motor vehicles
4upon public highways. The tax shall be at a rate not to exceed
55% of the gross receipts from the sales of motor fuel in the
6course of the business. As used in this Act, the term "motor
7fuel" shall have the same meaning as in the Motor Fuel Tax Law.
8The Board may provide for details of the tax. The provisions of
9any tax shall conform, as closely as may be practicable, to the
10provisions of the Municipal Retailers Occupation Tax Act,
11including without limitation, conformity to penalties with
12respect to the tax imposed and as to the powers of the State
13Department of Revenue to promulgate and enforce rules and
14regulations relating to the administration and enforcement of
15the provisions of the tax imposed, except that reference in the
16Act to any municipality shall refer to the Authority and the
17tax shall be imposed only with regard to receipts from sales of
18motor fuel in the metropolitan region, at rates as limited by
19this Section.
20    (c) In connection with the tax imposed under paragraph (b)
21of this Section the Board may impose a tax upon the privilege
22of using in the metropolitan region motor fuel for the
23operation of a motor vehicle upon public highways, the tax to
24be at a rate not in excess of the rate of tax imposed under
25paragraph (b) of this Section. The Board may provide for
26details of the tax.

 

 

10000HB3342sam003- 247 -LRB100 08528 JWD 41189 a

1    (d) The Board may impose a motor vehicle parking tax upon
2the privilege of parking motor vehicles at off-street parking
3facilities in the metropolitan region at which a fee is
4charged, and may provide for reasonable classifications in and
5exemptions to the tax, for administration and enforcement
6thereof and for civil penalties and refunds thereunder and may
7provide criminal penalties thereunder, the maximum penalties
8not to exceed the maximum criminal penalties provided in the
9Retailers' Occupation Tax Act. The Authority may collect and
10enforce the tax itself or by contract with any unit of local
11government. The State Department of Revenue shall have no
12responsibility for the collection and enforcement unless the
13Department agrees with the Authority to undertake the
14collection and enforcement. As used in this paragraph, the term
15"parking facility" means a parking area or structure having
16parking spaces for more than 2 vehicles at which motor vehicles
17are permitted to park in return for an hourly, daily, or other
18periodic fee, whether publicly or privately owned, but does not
19include parking spaces on a public street, the use of which is
20regulated by parking meters.
21    (e) The Board may impose a Regional Transportation
22Authority Retailers' Occupation Tax upon all persons engaged in
23the business of selling tangible personal property at retail in
24the metropolitan region. In Cook County the tax rate shall be
251.25% of the gross receipts from sales of food for human
26consumption that is to be consumed off the premises where it is

 

 

10000HB3342sam003- 248 -LRB100 08528 JWD 41189 a

1sold (other than alcoholic beverages, soft drinks and food that
2has been prepared for immediate consumption) and prescription
3and nonprescription medicines, drugs, medical appliances and
4insulin, urine testing materials, syringes and needles used by
5diabetics, and 1% of the gross receipts from other taxable
6sales made in the course of that business. In DuPage, Kane,
7Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
8of the gross receipts from all taxable sales made in the course
9of that business. The tax imposed under this Section and all
10civil penalties that may be assessed as an incident thereof
11shall be collected and enforced by the State Department of
12Revenue. The Department shall have full power to administer and
13enforce this Section; to collect all taxes and penalties so
14collected in the manner hereinafter provided; and to determine
15all rights to credit memoranda arising on account of the
16erroneous payment of tax or penalty hereunder. In the
17administration of, and compliance with this Section, the
18Department and persons who are subject to this Section shall
19have the same rights, remedies, privileges, immunities, powers
20and duties, and be subject to the same conditions,
21restrictions, limitations, penalties, exclusions, exemptions
22and definitions of terms, and employ the same modes of
23procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
241e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
25therein other than the State rate of tax), 2c, 3 (except as to
26the disposition of taxes and penalties collected), 4, 5, 5a,

 

 

10000HB3342sam003- 249 -LRB100 08528 JWD 41189 a

15b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
27, 8, 9, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act
3and Section 3-7 of the Uniform Penalty and Interest Act, as
4fully as if those provisions were set forth herein.
5    Persons subject to any tax imposed under the authority
6granted in this Section may reimburse themselves for their
7seller's tax liability hereunder by separately stating the tax
8as an additional charge, which charge may be stated in
9combination in a single amount with State taxes that sellers
10are required to collect under the Use Tax Act, under any
11bracket schedules the Department may prescribe.
12    Whenever the Department determines that a refund should be
13made under this Section to a claimant instead of issuing a
14credit memorandum, the Department shall notify the State
15Comptroller, who shall cause the warrant to be drawn for the
16amount specified, and to the person named, in the notification
17from the Department. The refund shall be paid by the State
18Treasurer out of the Regional Transportation Authority tax fund
19established under paragraph (n) of this Section.
20    If a tax is imposed under this subsection (e), a tax shall
21also be imposed under subsections (f) and (g) of this Section.
22    For the purpose of determining whether a tax authorized
23under this Section is applicable, a retail sale by a producer
24of coal or other mineral mined in Illinois, is a sale at retail
25at the place where the coal or other mineral mined in Illinois
26is extracted from the earth. This paragraph does not apply to

 

 

10000HB3342sam003- 250 -LRB100 08528 JWD 41189 a

1coal or other mineral when it is delivered or shipped by the
2seller to the purchaser at a point outside Illinois so that the
3sale is exempt under the Federal Constitution as a sale in
4interstate or foreign commerce.
5    No tax shall be imposed or collected under this subsection
6on the sale of a motor vehicle in this State to a resident of
7another state if that motor vehicle will not be titled in this
8State.
9    Nothing in this Section shall be construed to authorize the
10Regional Transportation Authority to impose a tax upon the
11privilege of engaging in any business that under the
12Constitution of the United States may not be made the subject
13of taxation by this State.
14    (f) If a tax has been imposed under paragraph (e), a
15Regional Transportation Authority Service Occupation Tax shall
16also be imposed upon all persons engaged, in the metropolitan
17region in the business of making sales of service, who as an
18incident to making the sales of service, transfer tangible
19personal property within the metropolitan region, either in the
20form of tangible personal property or in the form of real
21estate as an incident to a sale of service. In Cook County, the
22tax rate shall be: (1) 1.25% of the serviceman's cost price of
23food prepared for immediate consumption and transferred
24incident to a sale of service subject to the service occupation
25tax by an entity licensed under the Hospital Licensing Act, the
26Nursing Home Care Act, the Specialized Mental Health

 

 

10000HB3342sam003- 251 -LRB100 08528 JWD 41189 a

1Rehabilitation Act of 2013, the ID/DD Community Care Act, or
2the MC/DD Act that is located in the metropolitan region; (2)
31.25% of the selling price of food for human consumption that
4is to be consumed off the premises where it is sold (other than
5alcoholic beverages, soft drinks and food that has been
6prepared for immediate consumption) and prescription and
7nonprescription medicines, drugs, medical appliances and
8insulin, urine testing materials, syringes and needles used by
9diabetics; and (3) 1% of the selling price from other taxable
10sales of tangible personal property transferred. In DuPage,
11Kane, Lake, McHenry and Will Counties the rate shall be 0.75%
12of the selling price of all tangible personal property
13transferred.
14    The tax imposed under this paragraph and all civil
15penalties that may be assessed as an incident thereof shall be
16collected and enforced by the State Department of Revenue. The
17Department shall have full power to administer and enforce this
18paragraph; to collect all taxes and penalties due hereunder; to
19dispose of taxes and penalties collected in the manner
20hereinafter provided; and to determine all rights to credit
21memoranda arising on account of the erroneous payment of tax or
22penalty hereunder. In the administration of and compliance with
23this paragraph, the Department and persons who are subject to
24this paragraph shall have the same rights, remedies,
25privileges, immunities, powers and duties, and be subject to
26the same conditions, restrictions, limitations, penalties,

 

 

10000HB3342sam003- 252 -LRB100 08528 JWD 41189 a

1exclusions, exemptions and definitions of terms, and employ the
2same modes of procedure, as are prescribed in Sections 1a-1, 2,
32a, 3 through 3-50 (in respect to all provisions therein other
4than the State rate of tax), 4 (except that the reference to
5the State shall be to the Authority), 5, 7, 8 (except that the
6jurisdiction to which the tax shall be a debt to the extent
7indicated in that Section 8 shall be the Authority), 9 (except
8as to the disposition of taxes and penalties collected, and
9except that the returned merchandise credit for this tax may
10not be taken against any State tax), 10, 11, 12 (except the
11reference therein to Section 2b of the Retailers' Occupation
12Tax Act), 13 (except that any reference to the State shall mean
13the Authority), the first paragraph of Section 15, 16, 17, 18,
1419 and 20 of the Service Occupation Tax Act and Section 3-7 of
15the Uniform Penalty and Interest Act, as fully as if those
16provisions were set forth herein.
17    Persons subject to any tax imposed under the authority
18granted in this paragraph may reimburse themselves for their
19serviceman's tax liability hereunder by separately stating the
20tax as an additional charge, that charge may be stated in
21combination in a single amount with State tax that servicemen
22are authorized to collect under the Service Use Tax Act, under
23any bracket schedules the Department may prescribe.
24    Whenever the Department determines that a refund should be
25made under this paragraph to a claimant instead of issuing a
26credit memorandum, the Department shall notify the State

 

 

10000HB3342sam003- 253 -LRB100 08528 JWD 41189 a

1Comptroller, who shall cause the warrant to be drawn for the
2amount specified, and to the person named in the notification
3from the Department. The refund shall be paid by the State
4Treasurer out of the Regional Transportation Authority tax fund
5established under paragraph (n) of this Section.
6    Nothing in this paragraph shall be construed to authorize
7the Authority to impose a tax upon the privilege of engaging in
8any business that under the Constitution of the United States
9may not be made the subject of taxation by the State.
10    (g) If a tax has been imposed under paragraph (e), a tax
11shall also be imposed upon the privilege of using in the
12metropolitan region, any item of tangible personal property
13that is purchased outside the metropolitan region at retail
14from a retailer, and that is titled or registered with an
15agency of this State's government. In Cook County the tax rate
16shall be 1% of the selling price of the tangible personal
17property, as "selling price" is defined in the Use Tax Act. In
18DuPage, Kane, Lake, McHenry and Will counties the tax rate
19shall be 0.75% of the selling price of the tangible personal
20property, as "selling price" is defined in the Use Tax Act. The
21tax shall be collected from persons whose Illinois address for
22titling or registration purposes is given as being in the
23metropolitan region. The tax shall be collected by the
24Department of Revenue for the Regional Transportation
25Authority. The tax must be paid to the State, or an exemption
26determination must be obtained from the Department of Revenue,

 

 

10000HB3342sam003- 254 -LRB100 08528 JWD 41189 a

1before the title or certificate of registration for the
2property may be issued. The tax or proof of exemption may be
3transmitted to the Department by way of the State agency with
4which, or the State officer with whom, the tangible personal
5property must be titled or registered if the Department and the
6State agency or State officer determine that this procedure
7will expedite the processing of applications for title or
8registration.
9    The Department shall have full power to administer and
10enforce this paragraph; to collect all taxes, penalties and
11interest due hereunder; to dispose of taxes, penalties and
12interest collected in the manner hereinafter provided; and to
13determine all rights to credit memoranda or refunds arising on
14account of the erroneous payment of tax, penalty or interest
15hereunder. In the administration of and compliance with this
16paragraph, the Department and persons who are subject to this
17paragraph shall have the same rights, remedies, privileges,
18immunities, powers and duties, and be subject to the same
19conditions, restrictions, limitations, penalties, exclusions,
20exemptions and definitions of terms and employ the same modes
21of procedure, as are prescribed in Sections 2 (except the
22definition of "retailer maintaining a place of business in this
23State"), 3 through 3-80 (except provisions pertaining to the
24State rate of tax, and except provisions concerning collection
25or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
2619 (except the portions pertaining to claims by retailers and

 

 

10000HB3342sam003- 255 -LRB100 08528 JWD 41189 a

1except the last paragraph concerning refunds), 20, 21 and 22 of
2the Use Tax Act, and are not inconsistent with this paragraph,
3as fully as if those provisions were set forth herein.
4    Whenever the Department determines that a refund should be
5made under this paragraph to a claimant instead of issuing a
6credit memorandum, the Department shall notify the State
7Comptroller, who shall cause the order to be drawn for the
8amount specified, and to the person named in the notification
9from the Department. The refund shall be paid by the State
10Treasurer out of the Regional Transportation Authority tax fund
11established under paragraph (n) of this Section.
12    (h) The Authority may impose a replacement vehicle tax of
13$50 on any passenger car as defined in Section 1-157 of the
14Illinois Vehicle Code purchased within the metropolitan region
15by or on behalf of an insurance company to replace a passenger
16car of an insured person in settlement of a total loss claim.
17The tax imposed may not become effective before the first day
18of the month following the passage of the ordinance imposing
19the tax and receipt of a certified copy of the ordinance by the
20Department of Revenue. The Department of Revenue shall collect
21the tax for the Authority in accordance with Sections 3-2002
22and 3-2003 of the Illinois Vehicle Code.
23    The Department shall immediately pay over to the State
24Treasurer, ex officio, as trustee, all taxes collected
25hereunder.
26    As soon as possible after the first day of each month,

 

 

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1beginning January 1, 2011, upon certification of the Department
2of Revenue, the Comptroller shall order transferred, and the
3Treasurer shall transfer, to the STAR Bonds Revenue Fund the
4local sales tax increment, as defined in the Innovation
5Development and Economy Act, collected under this Section
6during the second preceding calendar month for sales within a
7STAR bond district.
8    After the monthly transfer to the STAR Bonds Revenue Fund,
9on or before the 25th day of each calendar month, the
10Department shall prepare and certify to the Comptroller the
11disbursement of stated sums of money to the Authority. The
12amount to be paid to the Authority shall be the amount
13collected hereunder during the second preceding calendar month
14by the Department, less any amount determined by the Department
15to be necessary for the payment of refunds, and less any
16amounts that are transferred to the STAR Bonds Revenue Fund.
17Within 10 days after receipt by the Comptroller of the
18disbursement certification to the Authority provided for in
19this Section to be given to the Comptroller by the Department,
20the Comptroller shall cause the orders to be drawn for that
21amount in accordance with the directions contained in the
22certification.
23    (i) The Board may not impose any other taxes except as it
24may from time to time be authorized by law to impose.
25    (j) A certificate of registration issued by the State
26Department of Revenue to a retailer under the Retailers'

 

 

10000HB3342sam003- 257 -LRB100 08528 JWD 41189 a

1Occupation Tax Act or under the Service Occupation Tax Act
2shall permit the registrant to engage in a business that is
3taxed under the tax imposed under paragraphs (b), (e), (f) or
4(g) of this Section and no additional registration shall be
5required under the tax. A certificate issued under the Use Tax
6Act or the Service Use Tax Act shall be applicable with regard
7to any tax imposed under paragraph (c) of this Section.
8    (k) The provisions of any tax imposed under paragraph (c)
9of this Section shall conform as closely as may be practicable
10to the provisions of the Use Tax Act, including without
11limitation conformity as to penalties with respect to the tax
12imposed and as to the powers of the State Department of Revenue
13to promulgate and enforce rules and regulations relating to the
14administration and enforcement of the provisions of the tax
15imposed. The taxes shall be imposed only on use within the
16metropolitan region and at rates as provided in the paragraph.
17    (l) The Board in imposing any tax as provided in paragraphs
18(b) and (c) of this Section, shall, after seeking the advice of
19the State Department of Revenue, provide means for retailers,
20users or purchasers of motor fuel for purposes other than those
21with regard to which the taxes may be imposed as provided in
22those paragraphs to receive refunds of taxes improperly paid,
23which provisions may be at variance with the refund provisions
24as applicable under the Municipal Retailers Occupation Tax Act.
25The State Department of Revenue may provide for certificates of
26registration for users or purchasers of motor fuel for purposes

 

 

10000HB3342sam003- 258 -LRB100 08528 JWD 41189 a

1other than those with regard to which taxes may be imposed as
2provided in paragraphs (b) and (c) of this Section to
3facilitate the reporting and nontaxability of the exempt sales
4or uses.
5    (m) Any ordinance imposing or discontinuing any tax under
6this Section shall be adopted and a certified copy thereof
7filed with the Department on or before June 1, whereupon the
8Department of Revenue shall proceed to administer and enforce
9this Section on behalf of the Regional Transportation Authority
10as of September 1 next following such adoption and filing.
11Beginning January 1, 1992, an ordinance or resolution imposing
12or discontinuing the tax hereunder shall be adopted and a
13certified copy thereof filed with the Department on or before
14the first day of July, whereupon the Department shall proceed
15to administer and enforce this Section as of the first day of
16October next following such adoption and filing. Beginning
17January 1, 1993, an ordinance or resolution imposing,
18increasing, decreasing, or discontinuing the tax hereunder
19shall be adopted and a certified copy thereof filed with the
20Department, whereupon the Department shall proceed to
21administer and enforce this Section as of the first day of the
22first month to occur not less than 60 days following such
23adoption and filing. Any ordinance or resolution of the
24Authority imposing a tax under this Section and in effect on
25August 1, 2007 shall remain in full force and effect and shall
26be administered by the Department of Revenue under the terms

 

 

10000HB3342sam003- 259 -LRB100 08528 JWD 41189 a

1and conditions and rates of tax established by such ordinance
2or resolution until the Department begins administering and
3enforcing an increased tax under this Section as authorized by
4Public Act 95-708. The tax rates authorized by Public Act
595-708 are effective only if imposed by ordinance of the
6Authority.
7    (n) Except as otherwise provided in this subsection (n),
8the State Department of Revenue shall, upon collecting any
9taxes as provided in this Section, pay the taxes over to the
10State Treasurer as trustee for the Authority. The taxes shall
11be held in a trust fund outside the State Treasury. On or
12before the 25th day of each calendar month, the State
13Department of Revenue shall prepare and certify to the
14Comptroller of the State of Illinois and to the Authority (i)
15the amount of taxes collected in each County other than Cook
16County in the metropolitan region, (ii) the amount of taxes
17collected within the City of Chicago, and (iii) the amount
18collected in that portion of Cook County outside of Chicago,
19each amount less the amount necessary for the payment of
20refunds to taxpayers located in those areas described in items
21(i), (ii), and (iii), and less 1.5% 2% of the remainder, which
22shall be transferred from the trust fund into the Tax
23Compliance and Administration Fund. The Department, at the time
24of each monthly disbursement to the Authority, shall prepare
25and certify to the State Comptroller the amount to be
26transferred into the Tax Compliance and Administration Fund

 

 

10000HB3342sam003- 260 -LRB100 08528 JWD 41189 a

1under this subsection. Within 10 days after receipt by the
2Comptroller of the certification of the amounts, the
3Comptroller shall cause an order to be drawn for the transfer
4of the amount certified into the Tax Compliance and
5Administration Fund and the payment of two-thirds of the
6amounts certified in item (i) of this subsection to the
7Authority and one-third of the amounts certified in item (i) of
8this subsection to the respective counties other than Cook
9County and the amount certified in items (ii) and (iii) of this
10subsection to the Authority.
11    In addition to the disbursement required by the preceding
12paragraph, an allocation shall be made in July 1991 and each
13year thereafter to the Regional Transportation Authority. The
14allocation shall be made in an amount equal to the average
15monthly distribution during the preceding calendar year
16(excluding the 2 months of lowest receipts) and the allocation
17shall include the amount of average monthly distribution from
18the Regional Transportation Authority Occupation and Use Tax
19Replacement Fund. The distribution made in July 1992 and each
20year thereafter under this paragraph and the preceding
21paragraph shall be reduced by the amount allocated and
22disbursed under this paragraph in the preceding calendar year.
23The Department of Revenue shall prepare and certify to the
24Comptroller for disbursement the allocations made in
25accordance with this paragraph.
26    (o) Failure to adopt a budget ordinance or otherwise to

 

 

10000HB3342sam003- 261 -LRB100 08528 JWD 41189 a

1comply with Section 4.01 of this Act or to adopt a Five-year
2Capital Program or otherwise to comply with paragraph (b) of
3Section 2.01 of this Act shall not affect the validity of any
4tax imposed by the Authority otherwise in conformity with law.
5    (p) At no time shall a public transportation tax or motor
6vehicle parking tax authorized under paragraphs (b), (c) and
7(d) of this Section be in effect at the same time as any
8retailers' occupation, use or service occupation tax
9authorized under paragraphs (e), (f) and (g) of this Section is
10in effect.
11    Any taxes imposed under the authority provided in
12paragraphs (b), (c) and (d) shall remain in effect only until
13the time as any tax authorized by paragraphs (e), (f) or (g) of
14this Section are imposed and becomes effective. Once any tax
15authorized by paragraphs (e), (f) or (g) is imposed the Board
16may not reimpose taxes as authorized in paragraphs (b), (c) and
17(d) of the Section unless any tax authorized by paragraphs (e),
18(f) or (g) of this Section becomes ineffective by means other
19than an ordinance of the Board.
20    (q) Any existing rights, remedies and obligations
21(including enforcement by the Regional Transportation
22Authority) arising under any tax imposed under paragraphs (b),
23(c) or (d) of this Section shall not be affected by the
24imposition of a tax under paragraphs (e), (f) or (g) of this
25Section.
26(Source: P.A. 99-180, eff. 7-29-15; 99-217, eff. 7-31-15;

 

 

10000HB3342sam003- 262 -LRB100 08528 JWD 41189 a

199-642, eff. 7-28-16; 100-23, eff. 7-6-17.)
 
2    Section 20-40. The Water Commission Act of 1985 is amended
3by changing Section 4 as follows:
 
4    (70 ILCS 3720/4)  (from Ch. 111 2/3, par. 254)
5    Sec. 4. Taxes.
6    (a) The board of commissioners of any county water
7commission may, by ordinance, impose throughout the territory
8of the commission any or all of the taxes provided in this
9Section for its corporate purposes. However, no county water
10commission may impose any such tax unless the commission
11certifies the proposition of imposing the tax to the proper
12election officials, who shall submit the proposition to the
13voters residing in the territory at an election in accordance
14with the general election law, and the proposition has been
15approved by a majority of those voting on the proposition.
16    The proposition shall be in the form provided in Section 5
17or shall be substantially in the following form:
18-------------------------------------------------------------
19    Shall the (insert corporate
20name of county water commission)           YES
21impose (state type of tax or         ------------------------
22taxes to be imposed) at the                NO
23rate of 1/4%?
24-------------------------------------------------------------

 

 

10000HB3342sam003- 263 -LRB100 08528 JWD 41189 a

1    Taxes imposed under this Section and civil penalties
2imposed incident thereto shall be collected and enforced by the
3State Department of Revenue. The Department shall have the
4power to administer and enforce the taxes and to determine all
5rights for refunds for erroneous payments of the taxes.
6    (b) The board of commissioners may impose a County Water
7Commission Retailers' Occupation Tax upon all persons engaged
8in the business of selling tangible personal property at retail
9in the territory of the commission at a rate of 1/4% of the
10gross receipts from the sales made in the course of such
11business within the territory. The tax imposed under this
12paragraph and all civil penalties that may be assessed as an
13incident thereof shall be collected and enforced by the State
14Department of Revenue. The Department shall have full power to
15administer and enforce this paragraph; to collect all taxes and
16penalties due hereunder; to dispose of taxes and penalties so
17collected in the manner hereinafter provided; and to determine
18all rights to credit memoranda arising on account of the
19erroneous payment of tax or penalty hereunder. In the
20administration of, and compliance with, this paragraph, the
21Department and persons who are subject to this paragraph shall
22have the same rights, remedies, privileges, immunities, powers
23and duties, and be subject to the same conditions,
24restrictions, limitations, penalties, exclusions, exemptions
25and definitions of terms, and employ the same modes of
26procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,

 

 

10000HB3342sam003- 264 -LRB100 08528 JWD 41189 a

11e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
2therein other than the State rate of tax except that food for
3human consumption that is to be consumed off the premises where
4it is sold (other than alcoholic beverages, soft drinks, and
5food that has been prepared for immediate consumption) and
6prescription and nonprescription medicine, drugs, medical
7appliances and insulin, urine testing materials, syringes, and
8needles used by diabetics, for human use, shall not be subject
9to tax hereunder), 2c, 3 (except as to the disposition of taxes
10and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
115i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13
12of the Retailers' Occupation Tax Act and Section 3-7 of the
13Uniform Penalty and Interest Act, as fully as if those
14provisions were set forth herein.
15    Persons subject to any tax imposed under the authority
16granted in this paragraph may reimburse themselves for their
17seller's tax liability hereunder by separately stating the tax
18as an additional charge, which charge may be stated in
19combination, in a single amount, with State taxes that sellers
20are required to collect under the Use Tax Act and under
21subsection (e) of Section 4.03 of the Regional Transportation
22Authority Act, in accordance with such bracket schedules as the
23Department may prescribe.
24    Whenever the Department determines that a refund should be
25made under this paragraph to a claimant instead of issuing a
26credit memorandum, the Department shall notify the State

 

 

10000HB3342sam003- 265 -LRB100 08528 JWD 41189 a

1Comptroller, who shall cause the warrant to be drawn for the
2amount specified, and to the person named, in the notification
3from the Department. The refund shall be paid by the State
4Treasurer out of a county water commission tax fund established
5under subsection paragraph (g) of this Section.
6    For the purpose of determining whether a tax authorized
7under this paragraph is applicable, a retail sale by a producer
8of coal or other mineral mined in Illinois is a sale at retail
9at the place where the coal or other mineral mined in Illinois
10is extracted from the earth. This paragraph does not apply to
11coal or other mineral when it is delivered or shipped by the
12seller to the purchaser at a point outside Illinois so that the
13sale is exempt under the Federal Constitution as a sale in
14interstate or foreign commerce.
15    If a tax is imposed under this subsection (b), a tax shall
16also be imposed under subsections (c) and (d) of this Section.
17    No tax shall be imposed or collected under this subsection
18on the sale of a motor vehicle in this State to a resident of
19another state if that motor vehicle will not be titled in this
20State.
21    Nothing in this paragraph shall be construed to authorize a
22county water commission to impose a tax upon the privilege of
23engaging in any business which under the Constitution of the
24United States may not be made the subject of taxation by this
25State.
26    (c) If a tax has been imposed under subsection (b), a

 

 

10000HB3342sam003- 266 -LRB100 08528 JWD 41189 a

1County Water Commission Service Occupation Tax shall also be
2imposed upon all persons engaged, in the territory of the
3commission, in the business of making sales of service, who, as
4an incident to making the sales of service, transfer tangible
5personal property within the territory. The tax rate shall be
61/4% of the selling price of tangible personal property so
7transferred within the territory. The tax imposed under this
8paragraph and all civil penalties that may be assessed as an
9incident thereof shall be collected and enforced by the State
10Department of Revenue. The Department shall have full power to
11administer and enforce this paragraph; to collect all taxes and
12penalties due hereunder; to dispose of taxes and penalties so
13collected in the manner hereinafter provided; and to determine
14all rights to credit memoranda arising on account of the
15erroneous payment of tax or penalty hereunder. In the
16administration of, and compliance with, this paragraph, the
17Department and persons who are subject to this paragraph shall
18have the same rights, remedies, privileges, immunities, powers
19and duties, and be subject to the same conditions,
20restrictions, limitations, penalties, exclusions, exemptions
21and definitions of terms, and employ the same modes of
22procedure, as are prescribed in Sections 1a-1, 2 (except that
23the reference to State in the definition of supplier
24maintaining a place of business in this State shall mean the
25territory of the commission), 2a, 3 through 3-50 (in respect to
26all provisions therein other than the State rate of tax except

 

 

10000HB3342sam003- 267 -LRB100 08528 JWD 41189 a

1that food for human consumption that is to be consumed off the
2premises where it is sold (other than alcoholic beverages, soft
3drinks, and food that has been prepared for immediate
4consumption) and prescription and nonprescription medicines,
5drugs, medical appliances and insulin, urine testing
6materials, syringes, and needles used by diabetics, for human
7use, shall not be subject to tax hereunder), 4 (except that the
8reference to the State shall be to the territory of the
9commission), 5, 7, 8 (except that the jurisdiction to which the
10tax shall be a debt to the extent indicated in that Section 8
11shall be the commission), 9 (except as to the disposition of
12taxes and penalties collected and except that the returned
13merchandise credit for this tax may not be taken against any
14State tax), 10, 11, 12 (except the reference therein to Section
152b of the Retailers' Occupation Tax Act), 13 (except that any
16reference to the State shall mean the territory of the
17commission), the first paragraph of Section 15, 15.5, 16, 17,
1818, 19, and 20 of the Service Occupation Tax Act as fully as if
19those provisions were set forth herein.
20    Persons subject to any tax imposed under the authority
21granted in this paragraph may reimburse themselves for their
22serviceman's tax liability hereunder by separately stating the
23tax as an additional charge, which charge may be stated in
24combination, in a single amount, with State tax that servicemen
25are authorized to collect under the Service Use Tax Act, and
26any tax for which servicemen may be liable under subsection (f)

 

 

10000HB3342sam003- 268 -LRB100 08528 JWD 41189 a

1of Section 4.03 of the Regional Transportation Authority Act,
2in accordance with such bracket schedules as the Department may
3prescribe.
4    Whenever the Department determines that a refund should be
5made under this paragraph to a claimant instead of issuing a
6credit memorandum, the Department shall notify the State
7Comptroller, who shall cause the warrant to be drawn for the
8amount specified, and to the person named, in the notification
9from the Department. The refund shall be paid by the State
10Treasurer out of a county water commission tax fund established
11under subsection paragraph (g) of this Section.
12    Nothing in this paragraph shall be construed to authorize a
13county water commission to impose a tax upon the privilege of
14engaging in any business which under the Constitution of the
15United States may not be made the subject of taxation by the
16State.
17    (d) If a tax has been imposed under subsection (b), a tax
18shall also be imposed upon the privilege of using, in the
19territory of the commission, any item of tangible personal
20property that is purchased outside the territory at retail from
21a retailer, and that is titled or registered with an agency of
22this State's government, at a rate of 1/4% of the selling price
23of the tangible personal property within the territory, as
24"selling price" is defined in the Use Tax Act. The tax shall be
25collected from persons whose Illinois address for titling or
26registration purposes is given as being in the territory. The

 

 

10000HB3342sam003- 269 -LRB100 08528 JWD 41189 a

1tax shall be collected by the Department of Revenue for a
2county water commission. The tax must be paid to the State, or
3an exemption determination must be obtained from the Department
4of Revenue, before the title or certificate of registration for
5the property may be issued. The tax or proof of exemption may
6be transmitted to the Department by way of the State agency
7with which, or the State officer with whom, the tangible
8personal property must be titled or registered if the
9Department and the State agency or State officer determine that
10this procedure will expedite the processing of applications for
11title or registration.
12    The Department shall have full power to administer and
13enforce this paragraph; to collect all taxes, penalties, and
14interest due hereunder; to dispose of taxes, penalties, and
15interest so collected in the manner hereinafter provided; and
16to determine all rights to credit memoranda or refunds arising
17on account of the erroneous payment of tax, penalty, or
18interest hereunder. In the administration of, and compliance
19with this paragraph, the Department and persons who are subject
20to this paragraph shall have the same rights, remedies,
21privileges, immunities, powers, and duties, and be subject to
22the same conditions, restrictions, limitations, penalties,
23exclusions, exemptions, and definitions of terms and employ the
24same modes of procedure, as are prescribed in Sections 2
25(except the definition of "retailer maintaining a place of
26business in this State"), 3 through 3-80 (except provisions

 

 

10000HB3342sam003- 270 -LRB100 08528 JWD 41189 a

1pertaining to the State rate of tax, and except provisions
2concerning collection or refunding of the tax by retailers, and
3except that food for human consumption that is to be consumed
4off the premises where it is sold (other than alcoholic
5beverages, soft drinks, and food that has been prepared for
6immediate consumption) and prescription and nonprescription
7medicines, drugs, medical appliances and insulin, urine
8testing materials, syringes, and needles used by diabetics, for
9human use, shall not be subject to tax hereunder), 4, 11, 12,
1012a, 14, 15, 19 (except the portions pertaining to claims by
11retailers and except the last paragraph concerning refunds),
1220, 21, and 22 of the Use Tax Act and Section 3-7 of the Uniform
13Penalty and Interest Act that are not inconsistent with this
14paragraph, as fully as if those provisions were set forth
15herein.
16    Whenever the Department determines that a refund should be
17made under this paragraph to a claimant instead of issuing a
18credit memorandum, the Department shall notify the State
19Comptroller, who shall cause the order to be drawn for the
20amount specified, and to the person named, in the notification
21from the Department. The refund shall be paid by the State
22Treasurer out of a county water commission tax fund established
23under subsection paragraph (g) of this Section.
24    (e) A certificate of registration issued by the State
25Department of Revenue to a retailer under the Retailers'
26Occupation Tax Act or under the Service Occupation Tax Act

 

 

10000HB3342sam003- 271 -LRB100 08528 JWD 41189 a

1shall permit the registrant to engage in a business that is
2taxed under the tax imposed under subsection paragraphs (b),
3(c), or (d) of this Section and no additional registration
4shall be required under the tax. A certificate issued under the
5Use Tax Act or the Service Use Tax Act shall be applicable with
6regard to any tax imposed under subsection paragraph (c) of
7this Section.
8    (f) Any ordinance imposing or discontinuing any tax under
9this Section shall be adopted and a certified copy thereof
10filed with the Department on or before June 1, whereupon the
11Department of Revenue shall proceed to administer and enforce
12this Section on behalf of the county water commission as of
13September 1 next following the adoption and filing. Beginning
14January 1, 1992, an ordinance or resolution imposing or
15discontinuing the tax hereunder shall be adopted and a
16certified copy thereof filed with the Department on or before
17the first day of July, whereupon the Department shall proceed
18to administer and enforce this Section as of the first day of
19October next following such adoption and filing. Beginning
20January 1, 1993, an ordinance or resolution imposing or
21discontinuing the tax hereunder shall be adopted and a
22certified copy thereof filed with the Department on or before
23the first day of October, whereupon the Department shall
24proceed to administer and enforce this Section as of the first
25day of January next following such adoption and filing.
26    (g) The State Department of Revenue shall, upon collecting

 

 

10000HB3342sam003- 272 -LRB100 08528 JWD 41189 a

1any taxes as provided in this Section, pay the taxes over to
2the State Treasurer as trustee for the commission. The taxes
3shall be held in a trust fund outside the State Treasury.
4    As soon as possible after the first day of each month,
5beginning January 1, 2011, upon certification of the Department
6of Revenue, the Comptroller shall order transferred, and the
7Treasurer shall transfer, to the STAR Bonds Revenue Fund the
8local sales tax increment, as defined in the Innovation
9Development and Economy Act, collected under this Section
10during the second preceding calendar month for sales within a
11STAR bond district.
12    After the monthly transfer to the STAR Bonds Revenue Fund,
13on or before the 25th day of each calendar month, the State
14Department of Revenue shall prepare and certify to the
15Comptroller of the State of Illinois the amount to be paid to
16the commission, which shall be the amount (not including credit
17memoranda) collected under this Section during the second
18preceding calendar month by the Department plus an amount the
19Department determines is necessary to offset any amounts that
20were erroneously paid to a different taxing body, and not
21including any amount equal to the amount of refunds made during
22the second preceding calendar month by the Department on behalf
23of the commission, and not including any amount that the
24Department determines is necessary to offset any amounts that
25were payable to a different taxing body but were erroneously
26paid to the commission, and less any amounts that are

 

 

10000HB3342sam003- 273 -LRB100 08528 JWD 41189 a

1transferred to the STAR Bonds Revenue Fund, less 1.5% 2% of the
2remainder, which shall be transferred into the Tax Compliance
3and Administration Fund. The Department, at the time of each
4monthly disbursement to the commission, shall prepare and
5certify to the State Comptroller the amount to be transferred
6into the Tax Compliance and Administration Fund under this
7subsection. Within 10 days after receipt by the Comptroller of
8the certification of the amount to be paid to the commission
9and the Tax Compliance and Administration Fund, the Comptroller
10shall cause an order to be drawn for the payment for the amount
11in accordance with the direction in the certification.
12    (h) Beginning June 1, 2016, any tax imposed pursuant to
13this Section may no longer be imposed or collected, unless a
14continuation of the tax is approved by the voters at a
15referendum as set forth in this Section.
16(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
17100-23, eff. 7-6-17; revised 10-3-17.)
 
18
ARTICLE 25. FISCAL YEAR LIMITATIONS

 
19    Section 25-5. The State Finance Act is amended by changing
20Sections 5h.5 and 25 as follows:
 
21    (30 ILCS 105/5h.5)
22    Sec. 5h.5. Cash flow borrowing and general funds liquidity;
23Fiscal Years Year 2018 and 2019.

 

 

10000HB3342sam003- 274 -LRB100 08528 JWD 41189 a

1    (a) In order to meet cash flow deficits and to maintain
2liquidity in general funds and the Health Insurance Reserve
3Fund, on and after July 1, 2017 and through March 1, 2019
4December 31, 2018, the State Treasurer and the State
5Comptroller, in consultation with the Governor's Office of
6Management and Budget, shall make transfers to general funds
7and the Health Insurance Reserve Fund, as directed by the State
8Comptroller, out of special funds of the State, to the extent
9allowed by federal law.
10    No such transfer may reduce the cumulative balance of all
11of the special funds of the State to an amount less than the
12total debt service payable during the 12 months immediately
13following the date of the transfer on any bonded indebtedness
14of the State and any certificates issued under the Short Term
15Borrowing Act. At no time shall the outstanding total transfers
16made from the special funds of the State to general funds and
17the Health Insurance Reserve Fund under this Section exceed
18$1,200,000,000; once the amount of $1,200,000,000 has been
19transferred from the special funds of the State to general
20funds and the Health Insurance Reserve Fund, additional
21transfers may be made from the special funds of the State to
22general funds and the Health Insurance Reserve Fund under this
23Section only to the extent that moneys have first been
24re-transferred from general funds and the Health Insurance
25Reserve Fund to those special funds of the State.
26Notwithstanding any other provision of this Section, no such

 

 

10000HB3342sam003- 275 -LRB100 08528 JWD 41189 a

1transfer may be made from any special fund that is exclusively
2collected by or directly appropriated to any other
3constitutional officer without the written approval of that
4constitutional officer.
5    (b) If moneys have been transferred to general funds and
6the Health Insurance Reserve Fund pursuant to subsection (a) of
7this Section, this amendatory Act of the 100th General Assembly
8shall constitute the continuing authority for and direction to
9the State Treasurer and State Comptroller to reimburse the
10funds of origin from general funds by transferring to the funds
11of origin, at such times and in such amounts as directed by the
12Comptroller when necessary to support appropriated
13expenditures from the funds, an amount equal to that
14transferred from them plus any interest that would have accrued
15thereon had the transfer not occurred, except that any moneys
16transferred pursuant to subsection (a) of this Section shall be
17repaid to the fund of origin within 24 months after the date on
18which they were borrowed. When any of the funds from which
19moneys have been transferred pursuant to subsection (a) have
20insufficient cash from which the State Comptroller may make
21expenditures properly supported by appropriations from the
22fund, then the State Treasurer and State Comptroller shall
23transfer from general funds to the fund only such amount as is
24immediately necessary to satisfy outstanding expenditure
25obligations on a timely basis.
26    (c) On the first day of each quarterly period in each

 

 

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1fiscal year, until such time as a report indicates that all
2moneys borrowed and interest pursuant to this Section have been
3repaid, the Comptroller shall provide to the President and the
4Minority Leader of the Senate, the Speaker and the Minority
5Leader of the House of Representatives, and the Commission on
6Government Forecasting and Accountability a report on all
7transfers made pursuant to this Section in the prior quarterly
8period. The report must be provided in electronic format. The
9report must include all of the following:
10        (1) the date each transfer was made;
11        (2) the amount of each transfer;
12        (3) in the case of a transfer from general funds to a
13    fund of origin pursuant to subsection (b) of this Section,
14    the amount of interest being paid to the fund of origin;
15    and
16        (4) the end of day balance of the fund of origin, the
17    general funds, and the Health Insurance Reserve Fund on the
18    date the transfer was made.
19(Source: P.A. 100-23, eff. 7-6-17.)
 
20    (30 ILCS 105/25)  (from Ch. 127, par. 161)
21    Sec. 25. Fiscal year limitations.
22    (a) All appropriations shall be available for expenditure
23for the fiscal year or for a lesser period if the Act making
24that appropriation so specifies. A deficiency or emergency
25appropriation shall be available for expenditure only through

 

 

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1June 30 of the year when the Act making that appropriation is
2enacted unless that Act otherwise provides.
3    (b) Outstanding liabilities as of June 30, payable from
4appropriations which have otherwise expired, may be paid out of
5the expiring appropriations during the 2-month period ending at
6the close of business on August 31. Any service involving
7professional or artistic skills or any personal services by an
8employee whose compensation is subject to income tax
9withholding must be performed as of June 30 of the fiscal year
10in order to be considered an "outstanding liability as of June
1130" that is thereby eligible for payment out of the expiring
12appropriation.
13    (b-1) However, payment of tuition reimbursement claims
14under Section 14-7.03 or 18-3 of the School Code may be made by
15the State Board of Education from its appropriations for those
16respective purposes for any fiscal year, even though the claims
17reimbursed by the payment may be claims attributable to a prior
18fiscal year, and payments may be made at the direction of the
19State Superintendent of Education from the fund from which the
20appropriation is made without regard to any fiscal year
21limitations, except as required by subsection (j) of this
22Section. Beginning on June 30, 2021, payment of tuition
23reimbursement claims under Section 14-7.03 or 18-3 of the
24School Code as of June 30, payable from appropriations that
25have otherwise expired, may be paid out of the expiring
26appropriation during the 4-month period ending at the close of

 

 

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1business on October 31.
2    (b-2) All outstanding liabilities as of June 30, 2010,
3payable from appropriations that would otherwise expire at the
4conclusion of the lapse period for fiscal year 2010, and
5interest penalties payable on those liabilities under the State
6Prompt Payment Act, may be paid out of the expiring
7appropriations until December 31, 2010, without regard to the
8fiscal year in which the payment is made, as long as vouchers
9for the liabilities are received by the Comptroller no later
10than August 31, 2010.
11    (b-2.5) All outstanding liabilities as of June 30, 2011,
12payable from appropriations that would otherwise expire at the
13conclusion of the lapse period for fiscal year 2011, and
14interest penalties payable on those liabilities under the State
15Prompt Payment Act, may be paid out of the expiring
16appropriations until December 31, 2011, without regard to the
17fiscal year in which the payment is made, as long as vouchers
18for the liabilities are received by the Comptroller no later
19than August 31, 2011.
20    (b-2.6) All outstanding liabilities as of June 30, 2012,
21payable from appropriations that would otherwise expire at the
22conclusion of the lapse period for fiscal year 2012, and
23interest penalties payable on those liabilities under the State
24Prompt Payment Act, may be paid out of the expiring
25appropriations until December 31, 2012, without regard to the
26fiscal year in which the payment is made, as long as vouchers

 

 

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1for the liabilities are received by the Comptroller no later
2than August 31, 2012.
3    (b-2.6a) All outstanding liabilities as of June 30, 2017,
4payable from appropriations that would otherwise expire at the
5conclusion of the lapse period for fiscal year 2017, and
6interest penalties payable on those liabilities under the State
7Prompt Payment Act, may be paid out of the expiring
8appropriations until December 31, 2017, without regard to the
9fiscal year in which the payment is made, as long as vouchers
10for the liabilities are received by the Comptroller no later
11than September 30, 2017.
12    (b-2.6b) All outstanding liabilities as of June 30, 2018,
13payable from appropriations that would otherwise expire at the
14conclusion of the lapse period for fiscal year 2018, and
15interest penalties payable on those liabilities under the State
16Prompt Payment Act, may be paid out of the expiring
17appropriations until December 31, 2018, without regard to the
18fiscal year in which the payment is made, as long as vouchers
19for the liabilities are received by the Comptroller no later
20than October 31, 2018.
21    (b-2.7) For fiscal years 2012, 2013, and 2014, interest
22penalties payable under the State Prompt Payment Act associated
23with a voucher for which payment is issued after June 30 may be
24paid out of the next fiscal year's appropriation. The future
25year appropriation must be for the same purpose and from the
26same fund as the original payment. An interest penalty voucher

 

 

10000HB3342sam003- 280 -LRB100 08528 JWD 41189 a

1submitted against a future year appropriation must be submitted
2within 60 days after the issuance of the associated voucher,
3and the Comptroller must issue the interest payment within 60
4days after acceptance of the interest voucher.
5    (b-3) Medical payments may be made by the Department of
6Veterans' Affairs from its appropriations for those purposes
7for any fiscal year, without regard to the fact that the
8medical services being compensated for by such payment may have
9been rendered in a prior fiscal year, except as required by
10subsection (j) of this Section. Beginning on June 30, 2021,
11medical payments payable from appropriations that have
12otherwise expired may be paid out of the expiring appropriation
13during the 4-month period ending at the close of business on
14October 31.
15    (b-4) Medical payments and child care payments may be made
16by the Department of Human Services (as successor to the
17Department of Public Aid) from appropriations for those
18purposes for any fiscal year, without regard to the fact that
19the medical or child care services being compensated for by
20such payment may have been rendered in a prior fiscal year; and
21payments may be made at the direction of the Department of
22Healthcare and Family Services (or successor agency) from the
23Health Insurance Reserve Fund without regard to any fiscal year
24limitations, except as required by subsection (j) of this
25Section. Beginning on June 30, 2021, medical and child care
26payments made by the Department of Human Services and payments

 

 

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

 

 

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1Immigration Reform and Control Act of 1986, without regard to
2any fiscal year limitations, except as required by subsection
3(j) of this Section. Beginning on June 30, 2021, payments made
4by the Department of Human Services from the Immigration Reform
5and Control Fund for purposes authorized pursuant to the
6Immigration Reform and Control Act of 1986 payable from
7appropriations that have otherwise expired may be paid out of
8the expiring appropriation during the 4-month period ending at
9the close of business on October 31.
10    (b-7) Payments may be made in accordance with a plan
11authorized by paragraph (11) or (12) of Section 405-105 of the
12Department of Central Management Services Law from
13appropriations for those payments without regard to fiscal year
14limitations.
15    (b-8) Reimbursements to eligible airport sponsors for the
16construction or upgrading of Automated Weather Observation
17Systems may be made by the Department of Transportation from
18appropriations for those purposes for any fiscal year, without
19regard to the fact that the qualification or obligation may
20have occurred in a prior fiscal year, provided that at the time
21the expenditure was made the project had been approved by the
22Department of Transportation prior to June 1, 2012 and, as a
23result of recent changes in federal funding formulas, can no
24longer receive federal reimbursement.
25    (b-9) Medical payments not exceeding $150,000,000 may be
26made by the Department on Aging from its appropriations

 

 

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1relating to the Community Care Program for fiscal year 2014,
2without regard to the fact that the medical services being
3compensated for by such payment may have been rendered in a
4prior fiscal year, provided the payments are made on a
5fee-for-service basis consistent with requirements established
6for Medicaid reimbursement by the Department of Healthcare and
7Family Services, except as required by subsection (j) of this
8Section.
9    (c) Further, payments may be made by the Department of
10Public Health and the Department of Human Services (acting as
11successor to the Department of Public Health under the
12Department of Human Services Act) from their respective
13appropriations for grants for medical care to or on behalf of
14premature and high-mortality risk infants and their mothers and
15for grants for supplemental food supplies provided under the
16United States Department of Agriculture Women, Infants and
17Children Nutrition Program, for any fiscal year without regard
18to the fact that the services being compensated for by such
19payment may have been rendered in a prior fiscal year, except
20as required by subsection (j) of this Section. Beginning on
21June 30, 2021, payments made by the Department of Public Health
22and the Department of Human Services from their respective
23appropriations for grants for medical care to or on behalf of
24premature and high-mortality risk infants and their mothers and
25for grants for supplemental food supplies provided under the
26United States Department of Agriculture Women, Infants and

 

 

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1Children Nutrition Program payable from appropriations that
2have otherwise expired may be paid out of the expiring
3appropriations during the 4-month period ending at the close of
4business on October 31.
5    (d) The Department of Public Health and the Department of
6Human Services (acting as successor to the Department of Public
7Health under the Department of Human Services Act) shall each
8annually submit to the State Comptroller, Senate President,
9Senate Minority Leader, Speaker of the House, House Minority
10Leader, and the respective Chairmen and Minority Spokesmen of
11the Appropriations Committees of the Senate and the House, on
12or before December 31, a report of fiscal year funds used to
13pay for services provided in any prior fiscal year. This report
14shall document by program or service category those
15expenditures from the most recently completed fiscal year used
16to pay for services provided in prior fiscal years.
17    (e) The Department of Healthcare and Family Services, the
18Department of Human Services (acting as successor to the
19Department of Public Aid), and the Department of Human Services
20making fee-for-service payments relating to substance abuse
21treatment services provided during a previous fiscal year shall
22each annually submit to the State Comptroller, Senate
23President, Senate Minority Leader, Speaker of the House, House
24Minority Leader, the respective Chairmen and Minority
25Spokesmen of the Appropriations Committees of the Senate and
26the House, on or before November 30, a report that shall

 

 

10000HB3342sam003- 285 -LRB100 08528 JWD 41189 a

1document by program or service category those expenditures from
2the most recently completed fiscal year used to pay for (i)
3services provided in prior fiscal years and (ii) services for
4which claims were received in prior fiscal years.
5    (f) The Department of Human Services (as successor to the
6Department of Public Aid) shall annually submit to the State
7Comptroller, Senate President, Senate Minority Leader, Speaker
8of the House, House Minority Leader, and the respective
9Chairmen and Minority Spokesmen of the Appropriations
10Committees of the Senate and the House, on or before December
1131, a report of fiscal year funds used to pay for services
12(other than medical care) provided in any prior fiscal year.
13This report shall document by program or service category those
14expenditures from the most recently completed fiscal year used
15to pay for services provided in prior fiscal years.
16    (g) In addition, each annual report required to be
17submitted by the Department of Healthcare and Family Services
18under subsection (e) shall include the following information
19with respect to the State's Medicaid program:
20        (1) Explanations of the exact causes of the variance
21    between the previous year's estimated and actual
22    liabilities.
23        (2) Factors affecting the Department of Healthcare and
24    Family Services' liabilities, including but not limited to
25    numbers of aid recipients, levels of medical service
26    utilization by aid recipients, and inflation in the cost of

 

 

10000HB3342sam003- 286 -LRB100 08528 JWD 41189 a

1    medical services.
2        (3) The results of the Department's efforts to combat
3    fraud and abuse.
4    (h) As provided in Section 4 of the General Assembly
5Compensation Act, any utility bill for service provided to a
6General Assembly member's district office for a period
7including portions of 2 consecutive fiscal years may be paid
8from funds appropriated for such expenditure in either fiscal
9year.
10    (i) An agency which administers a fund classified by the
11Comptroller as an internal service fund may issue rules for:
12        (1) billing user agencies in advance for payments or
13    authorized inter-fund transfers based on estimated charges
14    for goods or services;
15        (2) issuing credits, refunding through inter-fund
16    transfers, or reducing future inter-fund transfers during
17    the subsequent fiscal year for all user agency payments or
18    authorized inter-fund transfers received during the prior
19    fiscal year which were in excess of the final amounts owed
20    by the user agency for that period; and
21        (3) issuing catch-up billings to user agencies during
22    the subsequent fiscal year for amounts remaining due when
23    payments or authorized inter-fund transfers received from
24    the user agency during the prior fiscal year were less than
25    the total amount owed for that period.
26User agencies are authorized to reimburse internal service

 

 

10000HB3342sam003- 287 -LRB100 08528 JWD 41189 a

1funds for catch-up billings by vouchers drawn against their
2respective appropriations for the fiscal year in which the
3catch-up billing was issued or by increasing an authorized
4inter-fund transfer during the current fiscal year. For the
5purposes of this Act, "inter-fund transfers" means transfers
6without the use of the voucher-warrant process, as authorized
7by Section 9.01 of the State Comptroller Act.
8    (i-1) Beginning on July 1, 2021, all outstanding
9liabilities, not payable during the 4-month lapse period as
10described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
11(c) of this Section, that are made from appropriations for that
12purpose for any fiscal year, without regard to the fact that
13the services being compensated for by those payments may have
14been rendered in a prior fiscal year, are limited to only those
15claims that have been incurred but for which a proper bill or
16invoice as defined by the State Prompt Payment Act has not been
17received by September 30th following the end of the fiscal year
18in which the service was rendered.
19    (j) Notwithstanding any other provision of this Act, the
20aggregate amount of payments to be made without regard for
21fiscal year limitations as contained in subsections (b-1),
22(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
23determined by using Generally Accepted Accounting Principles,
24shall not exceed the following amounts:
25        (1) $6,000,000,000 for outstanding liabilities related
26    to fiscal year 2012;

 

 

10000HB3342sam003- 288 -LRB100 08528 JWD 41189 a

1        (2) $5,300,000,000 for outstanding liabilities related
2    to fiscal year 2013;
3        (3) $4,600,000,000 for outstanding liabilities related
4    to fiscal year 2014;
5        (4) $4,000,000,000 for outstanding liabilities related
6    to fiscal year 2015;
7        (5) $3,300,000,000 for outstanding liabilities related
8    to fiscal year 2016;
9        (6) $2,600,000,000 for outstanding liabilities related
10    to fiscal year 2017;
11        (7) $2,000,000,000 for outstanding liabilities related
12    to fiscal year 2018;
13        (8) $1,300,000,000 for outstanding liabilities related
14    to fiscal year 2019;
15        (9) $600,000,000 for outstanding liabilities related
16    to fiscal year 2020; and
17        (10) $0 for outstanding liabilities related to fiscal
18    year 2021 and fiscal years thereafter.
19    (k) Department of Healthcare and Family Services Medical
20Assistance Payments.
21        (1) Definition of Medical Assistance.
22            For purposes of this subsection, the term "Medical
23        Assistance" shall include, but not necessarily be
24        limited to, medical programs and services authorized
25        under Titles XIX and XXI of the Social Security Act,
26        the Illinois Public Aid Code, the Children's Health

 

 

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1        Insurance Program Act, the Covering ALL KIDS Health
2        Insurance Act, the Long Term Acute Care Hospital
3        Quality Improvement Transfer Program Act, and medical
4        care to or on behalf of persons suffering from chronic
5        renal disease, persons suffering from hemophilia, and
6        victims of sexual assault.
7        (2) Limitations on Medical Assistance payments that
8    may be paid from future fiscal year appropriations.
9            (A) The maximum amounts of annual unpaid Medical
10        Assistance bills received and recorded by the
11        Department of Healthcare and Family Services on or
12        before June 30th of a particular fiscal year
13        attributable in aggregate to the General Revenue Fund,
14        Healthcare Provider Relief Fund, Tobacco Settlement
15        Recovery Fund, Long-Term Care Provider Fund, and the
16        Drug Rebate Fund that may be paid in total by the
17        Department from future fiscal year Medical Assistance
18        appropriations to those funds are: $700,000,000 for
19        fiscal year 2013 and $100,000,000 for fiscal year 2014
20        and each fiscal year thereafter.
21            (B) Bills for Medical Assistance services rendered
22        in a particular fiscal year, but received and recorded
23        by the Department of Healthcare and Family Services
24        after June 30th of that fiscal year, may be paid from
25        either appropriations for that fiscal year or future
26        fiscal year appropriations for Medical Assistance.

 

 

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1        Such payments shall not be subject to the requirements
2        of subparagraph (A).
3            (C) Medical Assistance bills received by the
4        Department of Healthcare and Family Services in a
5        particular fiscal year, but subject to payment amount
6        adjustments in a future fiscal year may be paid from a
7        future fiscal year's appropriation for Medical
8        Assistance. Such payments shall not be subject to the
9        requirements of subparagraph (A).
10            (D) Medical Assistance payments made by the
11        Department of Healthcare and Family Services from
12        funds other than those specifically referenced in
13        subparagraph (A) may be made from appropriations for
14        those purposes for any fiscal year without regard to
15        the fact that the Medical Assistance services being
16        compensated for by such payment may have been rendered
17        in a prior fiscal year. Such payments shall not be
18        subject to the requirements of subparagraph (A).
19        (3) Extended lapse period for Department of Healthcare
20    and Family Services Medical Assistance payments.
21    Notwithstanding any other State law to the contrary,
22    outstanding Department of Healthcare and Family Services
23    Medical Assistance liabilities, as of June 30th, payable
24    from appropriations which have otherwise expired, may be
25    paid out of the expiring appropriations during the 6-month
26    period ending at the close of business on December 31st.

 

 

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1    (l) The changes to this Section made by Public Act 97-691
2shall be effective for payment of Medical Assistance bills
3incurred in fiscal year 2013 and future fiscal years. The
4changes to this Section made by Public Act 97-691 shall not be
5applied to Medical Assistance bills incurred in fiscal year
62012 or prior fiscal years.
7    (m) The Comptroller must issue payments against
8outstanding liabilities that were received prior to the lapse
9period deadlines set forth in this Section as soon thereafter
10as practical, but no payment may be issued after the 4 months
11following the lapse period deadline without the signed
12authorization of the Comptroller and the Governor.
13(Source: P.A. 100-23, eff. 7-6-17.)
 
14
ARTICLE 30. FACILITY PAYMENT

 
15    Section 30-5. The Specialized Mental Health Rehabilitation
16Act of 2013 is amended by adding Sections 5-104 and 5-105 as
17follows:
 
18    (210 ILCS 49/5-104 new)
19    Sec. 5-104. Medicaid rates. Notwithstanding any provision
20of law to the contrary, the Medicaid rates for Specialized
21Mental Health Rehabilitation Facilities effective on July 1,
222018 must be equal to the rates in effect for Specialized
23Mental Health Rehabilitation Facilities on June 30, 2018,

 

 

10000HB3342sam003- 292 -LRB100 08528 JWD 41189 a

1increased by 4%. The Department shall adopt rules, including
2emergency rules under subsection (bb) of Section 5-45 of the
3Illinois Administrative Procedure Act, to implement the
4provisions of this Section.
 
5    (210 ILCS 49/5-105 new)
6    Sec. 5-105. Therapeutic visit rates. For a facility
7licensed under this Act on or before June 1, 2018 or
8provisionally licensed under this Act on or before June 1,
92018, a payment shall be made for therapeutic visits that have
10been indicated by an interdisciplinary team as therapeutically
11beneficial. Payment under this Section shall be at a rate of
1275% of the facility's rate on the effective date of this
13amendatory Act of the 100th General Assembly and may not exceed
1420 days in a fiscal year and shall not exceed 10 days
15consecutively.
 
16
ARTICLE 35. SECRETARY OF STATE

 
17    Section 35-5. The State Finance Act is amended by changing
18Section 6z-70 as follows:
 
19    (30 ILCS 105/6z-70)
20    Sec. 6z-70. The Secretary of State Identification Security
21and Theft Prevention Fund.
22    (a) The Secretary of State Identification Security and

 

 

10000HB3342sam003- 293 -LRB100 08528 JWD 41189 a

1Theft Prevention Fund is created as a special fund in the State
2treasury. The Fund shall consist of any fund transfers, grants,
3fees, or moneys from other sources received for the purpose of
4funding identification security and theft prevention measures.
5    (b) All moneys in the Secretary of State Identification
6Security and Theft Prevention Fund shall be used, subject to
7appropriation, for any costs related to implementing
8identification security and theft prevention measures.
9    (c) (Blank). Notwithstanding any other provision of State
10law to the contrary, on or after July 1, 2007, and until June
1130, 2008, in addition to any other transfers that may be
12provided for by law, at the direction of and upon notification
13of the Secretary of State, the State Comptroller shall direct
14and the State Treasurer shall transfer amounts into the
15Secretary of State Identification Security and Theft
16Prevention Fund from the designated funds not exceeding the
17following totals:
18    Lobbyist Registration Administration Fund........$100,000
19    Registered Limited Liability Partnership Fund.....$75,000
20    Securities Investors Education Fund..............$500,000
21    Securities Audit and Enforcement Fund..........$5,725,000
22    Department of Business Services
23    Special Operations Fund........................$3,000,000
24    Corporate Franchise Tax Refund Fund...........$3,000,000.
25    (d) (Blank). Notwithstanding any other provision of State
26law to the contrary, on or after July 1, 2008, and until June

 

 

10000HB3342sam003- 294 -LRB100 08528 JWD 41189 a

130, 2009, in addition to any other transfers that may be
2provided for by law, at the direction of and upon notification
3of the Secretary of State, the State Comptroller shall direct
4and the State Treasurer shall transfer amounts into the
5Secretary of State Identification Security and Theft
6Prevention Fund from the designated funds not exceeding the
7following totals:
8    Lobbyist Registration Administration Fund........$100,000
9    Registered Limited Liability Partnership Fund.....$75,000
10    Securities Investors Education Fund..............$500,000
11    Securities Audit and Enforcement Fund..........$5,725,000
12    Department of Business Services
13        Special Operations Fund...................$3,000,000
14    Corporate Franchise Tax Refund Fund............$3,000,000
15    State Parking Facility Maintenance Fund..........$100,000
16    (e) (Blank). Notwithstanding any other provision of State
17law to the contrary, on or after July 1, 2009, and until June
1830, 2010, in addition to any other transfers that may be
19provided for by law, at the direction of and upon notification
20of the Secretary of State, the State Comptroller shall direct
21and the State Treasurer shall transfer amounts into the
22Secretary of State Identification Security and Theft
23Prevention Fund from the designated funds not exceeding the
24following totals:
25    Lobbyist Registration Administration Fund........$100,000
26    Registered Limited Liability Partnership Fund....$175,000

 

 

10000HB3342sam003- 295 -LRB100 08528 JWD 41189 a

1    Securities Investors Education Fund..............$750,000
2    Securities Audit and Enforcement Fund............$750,000
3    Department of Business Services
4        Special Operations Fund....................$3,000,000
5    Corporate Franchise Tax Refund Fund............$3,000,000
6    State Parking Facility Maintenance Fund..........$100,000
7    (f) (Blank). Notwithstanding any other provision of State
8law to the contrary, on or after July 1, 2010, and until June
930, 2011, in addition to any other transfers that may be
10provided for by law, at the direction of and upon notification
11of the Secretary of State, the State Comptroller shall direct
12and the State Treasurer shall transfer amounts into the
13Secretary of State Identification Security and Theft
14Prevention Fund from the designated funds not exceeding the
15following totals:
16    Registered Limited Liability Partnership Fund....$287,000
17    Securities Investors Education Board.............$750,000
18    Securities Audit and Enforcement Fund............$750,000
19    Department of Business Services Special
20        Operations Fund............................$3,000,000
21    Corporate Franchise Tax Refund Fund............$3,000,000
22    (g) (Blank). Notwithstanding any other provision of State
23law to the contrary, on or after July 1, 2011, and until June
2430, 2012, in addition to any other transfers that may be
25provided for by law, at the direction of and upon notification
26of the Secretary of State, the State Comptroller shall direct

 

 

10000HB3342sam003- 296 -LRB100 08528 JWD 41189 a

1and the State Treasurer shall transfer amounts into the
2Secretary of State Identification Security and Theft
3Prevention Fund from the designated funds not exceeding the
4following totals:
5    Division of Corporations Registered
6        Limited Liability Partnership Fund...........$287,000
7    Securities Investors Education Fund..............$750,000
8    Securities Audit and Enforcement Fund..........$3,500,000
9    Department of Business Services
10        Special Operations Fund....................$3,000,000
11    Corporate Franchise Tax Refund Fund............$3,000,000
12    (h) (Blank). Notwithstanding any other provision of State
13law to the contrary, on or after the effective date of this
14amendatory Act of the 98th General Assembly, and until June 30,
152014, in addition to any other transfers that may be provided
16for by law, at the direction of and upon notification from the
17Secretary of State, the State Comptroller shall direct and the
18State Treasurer shall transfer amounts into the Secretary of
19State Identification Security and Theft Prevention Fund from
20the designated funds not exceeding the following totals:
21    Division of Corporations Registered Limited
22        Liability Partnership Fund...................$287,000
23    Securities Investors Education Fund............$1,500,000
24    Department of Business Services Special
25        Operations Fund............................$3,000,000
26    Securities Audit and Enforcement Fund..........$3,500,000

 

 

10000HB3342sam003- 297 -LRB100 08528 JWD 41189 a

1    Corporate Franchise Tax Refund Fund............$3,000,000
2    (i) (Blank). Notwithstanding any other provision of State
3law to the contrary, on or after the effective date of this
4amendatory Act of the 98th General Assembly, and until June 30,
52015, in addition to any other transfers that may be provided
6for by law, at the direction of and upon notification of the
7Secretary of State, the State Comptroller shall direct and the
8State Treasurer shall transfer amounts into the Secretary of
9State Identification Security and Theft Prevention Fund from
10the designated funds not exceeding the following totals:
11    Division of Corporations Registered Limited
12        Liability Partnership Fund...................$287,000
13    Securities Investors Education Fund............$1,500,000
14    Department of Business Services
15        Special Operations Fund....................$3,000,000
16    Securities Audit and Enforcement Fund..........$3,500,000
17    Corporate Franchise Tax Refund Fund............$3,000,000
18    (j) Notwithstanding any other provision of State law to the
19contrary, on or after July 1, 2017, and until June 30, 2018, in
20addition to any other transfers that may be provided for by
21law, at the direction of and upon notification of the Secretary
22of State, the State Comptroller shall direct and the State
23Treasurer shall transfer amounts into the Secretary of State
24Identification Security and Theft Prevention Fund from the
25designated funds not exceeding the following totals:
26    Registered Limited Liability Partnership Fund....$287,000

 

 

10000HB3342sam003- 298 -LRB100 08528 JWD 41189 a

1    Securities Investors Education Fund............$1,500,000
2    Department of Business Services Special
3        Operations Fund............................$3,000,000
4    Securities Audit and Enforcement Fund..........$3,500,000
5    Corporate Franchise Tax Refund Fund...........$3,000,000
6    (k) Notwithstanding any other provision of State law to the
7contrary, on or after July 1, 2018, and until June 30, 2019, in
8addition to any other transfers that may be provided for by
9law, at the direction of and upon notification of the Secretary
10of State, the State Comptroller shall direct and the State
11Treasurer shall transfer amounts into the Secretary of State
12Identification Security and Theft Prevention Fund from the
13designated funds not exceeding the following totals:
14    Registered Limited Liability Partnership Fund....$287,000
15    Securities Investors Education Fund............$1,500,000
16    Department of Business Services Special Operations Fund
17..    $3,000,000
18    Securities Audit and Enforcement Fund..........$3,500,000
19(Source: P.A. 100-23, eff. 7-6-17.)
 
20
ARTICLE 45. HIGHER EDUCATION

 
21    Section 45-1. Legislative intent. It is the intent of this
22Article to increase enrollment at public 4-year universities in
23this State by providing those universities with the option for
24additional funding through a new, merit-based and means-tested

 

 

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1matching scholarship for Illinois students. It is also the
2intent of this Article that any public university participating
3in this program should, in its best efforts, attempt to
4delegate scholarship funds among a racially diverse range of
5students and not use a student's race, color, religion, sex
6(including gender identity, sexual orientation, or pregnancy),
7national origin, age, disability, or genetic information to
8disqualify him or her from receiving funds under the program.
 
9    Section 45-5. The Higher Education Student Assistance Act
10is amended by changing Section 10 and adding Section 65.100 as
11follows:
 
12    (110 ILCS 947/10)
13    Sec. 10. Definitions. In this Act, and except to the extent
14that any of the following words or phrases is specifically
15qualified by its context:
16    "Commission" means the Illinois Student Assistance
17Commission created by this Act.
18    "Enrollment" means the establishment and maintenance of an
19individual's status as a student in an institution of higher
20learning, regardless of the terms used at the institution to
21describe that status.
22    "Approved high school" means any public high school located
23in this State; and any high school, located in this State or
24elsewhere (whether designated as a high school, secondary

 

 

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1school, academy, preparatory school, or otherwise) which in the
2judgment of the State Superintendent of Education provides a
3course of instruction at the secondary level and maintains
4standards of instruction substantially equivalent to those of
5the public high schools located in this State.
6    "Institution of higher learning", "qualified institution",
7or "institution" means an educational organization located in
8this State which
9        (1) provides at least an organized 2 year program of
10    collegiate grade in the liberal arts or sciences, or both,
11    directly applicable toward the attainment of a
12    baccalaureate degree or a program in health education
13    directly applicable toward the attainment of a
14    certificate, diploma, or an associate degree;
15        (2) either is
16            (A) operated by this State, or
17            (B) operated publicly or privately, not for
18        profit, or
19            (C) operated for profit, provided such for profit
20        organization
21                (i) offers degree programs which have been
22            approved by the Board of Higher Education for a
23            minimum of 3 years under the Academic Degree Act,
24            and
25                (ii) enrolls a majority of its students in such
26            degree programs, and

 

 

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1                (iii) maintains an accredited status with the
2            Commission on Institutions of Higher Education of
3            the North Central Association of Colleges and
4            Schools;
5        (3) in the judgment of the Commission meets standards
6    substantially equivalent to those of comparable
7    institutions operated by this State; and
8        (4) if so required by the Commission, uses the State as
9    its primary guarantor of student loans made under the
10    federal Higher Education Act of 1965.
11For otherwise eligible educational organizations which provide
12academic programs for incarcerated students, the terms
13"institution of higher learning", "qualified institutions",
14and "institution" shall specifically exclude academic programs
15for incarcerated students.
16    "Academic Year" means a 12 month period of time, normally
17but not exclusively, from September 1 of any year through
18August 31 of the ensuing year.
19    "Full-time student" means any undergraduate student
20enrolled in 12 or more semester or quarter hours of credit
21courses in any given semester or quarter or in the equivalent
22number of units of registration as determined by the
23Commission.
24    "Part-time student" means any undergraduate student, other
25than a full-time student, enrolled in 6 or more semester or
26quarter hours of credit courses in any given semester or

 

 

10000HB3342sam003- 302 -LRB100 08528 JWD 41189 a

1quarter or in the equivalent number of units of registration as
2determined by the Commission. Beginning with fiscal year 1999,
3the Commission may, on a program by program basis, expand this
4definition of "part-time student" to include students who
5enroll in less than 6 semester or quarter hours of credit
6courses in any given semester or quarter.
7    "Public university" means any public 4-year university in
8this State.
9    "Public university campus" means any campus under the
10governance or supervision of a public university.
11(Source: P.A. 90-122, eff. 7-17-97; 91-250, eff. 7-22-99.)
 
12    (110 ILCS 947/65.100 new)
13    Sec. 65.100. AIM HIGH Grant Pilot Program.
14    (a) The General Assembly makes all of the following
15findings:
16        (1) Both access and affordability are important
17    aspects of the Illinois Public Agenda for College and
18    Career Success report.
19        (2) This State is in the top quartile with respect to
20    the percentage of family income needed to pay for college.
21        (3) Research suggests that as loan amounts increase,
22    rather than an increase in grant amounts, the probability
23    of college attendance decreases.
24        (4) There is further research indicating that
25    socioeconomic status may affect the willingness of

 

 

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1    students to use loans to attend college.
2        (5) Strategic use of tuition discounting can decrease
3    the amount of loans that students must use to pay for
4    tuition.
5        (6) A modest, individually tailored tuition discount
6    can make the difference in a student choosing to attend
7    college and enhance college access for low-income and
8    middle-income families.
9        (7) Even if the federally calculated financial need for
10    college attendance is met, the federally determined
11    Expected Family Contribution can still be a daunting
12    amount.
13        (8) This State is the second largest exporter of
14    students in the country.
15        (9) When talented Illinois students attend
16    universities in this State, the State and those
17    universities benefit.
18        (10) State universities in other states have adopted
19    pricing and incentives that allow many Illinois residents
20    to pay less to attend an out-of-state university than to
21    remain in this State for college.
22        (11) Supporting Illinois student attendance at
23    Illinois public universities can assist in State efforts to
24    maintain and educate a highly trained workforce.
25        (12) Modest tuition discounts that are individually
26    targeted and tailored can result in enhanced revenue for

 

 

10000HB3342sam003- 304 -LRB100 08528 JWD 41189 a

1    public universities.
2        (13) By increasing a public university's capacity to
3    strategically use tuition discounting, the public
4    university will be capable of creating enhanced tuition
5    revenue by increasing enrollment yields.
6    (b) In this Section:
7    "Eligible applicant" means a student from any high school
8in this State, whether or not recognized by the State Board of
9Education, who is engaged in a program of study that will be
10completed by the end of the school year and who meets all of
11the qualifications and requirements under this Section.
12    "Tuition and other necessary fees" includes the customary
13charge for instruction and use of facilities in general and the
14additional fixed fees charged for specified purposes that are
15required generally of non-grant recipients for each academic
16period for which the grant applicant actually enrolls, but does
17not include fees payable only once or breakage fees and other
18contingent deposits that are refundable in whole or in part.
19The Commission may adopt, by rule not inconsistent with this
20Section, detailed provisions concerning the computation of
21tuition and other necessary fees.
22    (c) Beginning with the 2019-2020 academic year, each public
23university may establish a merit-based scholarship pilot
24program known as the AIM HIGH Grant Pilot Program. Each year,
25the Commission shall receive and consider applications from
26public universities under this Section. Subject to

 

 

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1appropriation and any tuition waiver limitation established by
2the Board of Higher Education, a public university campus may
3award a grant to a student under this Section if it finds that
4the applicant meets all of the following criteria:
5        (1) He or she is a resident of this State and a citizen
6    or eligible noncitizen of the United States.
7        (2) He or she files a Free Application for Federal
8    Student Aid and demonstrates financial need with a
9    household income no greater than 6 times the poverty
10    guidelines updated periodically in the Federal Register by
11    the U.S. Department of Health and Human Services under the
12    authority of 42 U.S.C. 9902(2).
13        (3) He or she meets the minimum cumulative grade point
14    average or ACT or SAT college admissions test score, as
15    determined by the public university campus.
16        (4) He or she is enrolled in a public university as an
17    undergraduate student on a full-time basis.
18        (5) He or she has not yet received a baccalaureate
19    degree or the equivalent of 135 semester credit hours.
20        (6) He or she is not incarcerated.
21        (7) He or she is not in default on any student loan or
22    does not owe a refund or repayment on any State or federal
23    grant or scholarship.
24        (8) Any other reasonable criteria, as determined by the
25    public university campus.
26    (d) Each public university campus shall determine grant

 

 

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1renewal criteria consistent with the requirements under this
2Section.
3    (e) Each participating public university campus shall post
4on its Internet website criteria and eligibility requirements
5for receiving awards that use funds under this Section that
6include a range in the sizes of these individual awards. The
7criteria and amounts must also be reported to the Commission
8and the Board of Higher Education, who shall post the
9information on their respective Internet websites.
10    (f) After enactment of an appropriation for this Program,
11the Commission shall determine an allocation of funds to each
12public university in an amount proportionate to the number of
13undergraduate students who are residents of this State and
14citizens or eligible noncitizens of the United States and who
15were enrolled at each public university campus in the previous
16academic year. All applications must be made to the Commission
17on or before a date determined by the Commission and on forms
18that the Commission shall provide to each public university
19campus. The form of the application and the information
20required shall be determined by the Commission and shall
21include, without limitation, the total public university
22campus funds used to match funds received from the Commission
23in the previous academic year under this Section, if any, the
24total enrollment of undergraduate students who are residents of
25this State from the previous academic year, and any supporting
26documents as the Commission deems necessary. Each public

 

 

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1university campus shall match the amount of funds received by
2the Commission with financial aid for eligible students.
3    A public university campus is not required to claim its
4entire allocation. The Commission shall make available to all
5public universities, on a date determined by the Commission,
6any unclaimed funds and the funds must be made available to
7those public university campuses in the proportion determined
8under this subsection (f), excluding from the calculation those
9public university campuses not claiming their full
10allocations.
11    Each public university campus may determine the award
12amounts for eligible students on an individual or broad basis,
13but, subject to renewal eligibility, each renewed award may not
14be less than the amount awarded to the eligible student in his
15or her first year attending the public university campus.
16Notwithstanding this limitation, a renewal grant may be reduced
17due to changes in the student's cost of attendance, including,
18but not limited to, if a student reduces the number of credit
19hours in which he or she is enrolled, but remains a full-time
20student, or switches to a course of study with a lower tuition
21rate.
22    An eligible applicant awarded grant assistance under this
23Section is eligible to receive other financial aid. Total grant
24aid to the student from all sources may not exceed the total
25cost of attendance at the public university campus.
26    (g) All money allocated to a public university campus under

 

 

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1this Section may be used only for financial aid purposes for
2students attending the public university campus during the
3academic year, not including summer terms. Any funds received
4by a public university campus under this Section that are not
5granted to students in the academic year for which the funds
6are received must be refunded to the Commission before any new
7funds are received by the public university campus for the next
8academic year.
9    (h) Each public university campus that establishes a
10Program under this Section must annually report to the
11Commission, on or before a date determined by the Commission,
12the number of undergraduate students enrolled at that campus
13who are residents of this State.
14    (i) Each public university campus must report to the
15Commission the total non-loan financial aid amount given by the
16public university campus to undergraduate students in fiscal
17year 2018. To be eligible to receive funds under the Program, a
18public university campus may not decrease the total amount of
19non-loan financial aid for undergraduate students to an amount
20lower than the total non-loan financial aid amount given by the
21public university campus to undergraduate students in fiscal
22year 2018, not including any funds received from the Commission
23under this Section or any funds used to match grant awards
24under this Section.
25    (j) On or before a date determined by the Commission, each
26public university campus that participates in the Program under

 

 

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1this Section shall annually submit a report to the Commission
2with all of the following information:
3        (1) The Program's impact on tuition revenue and
4    enrollment goals and increase in access and affordability
5    at the public university campus.
6        (2) Total funds received by the public university
7    campus under the Program.
8        (3) Total non-loan financial aid awarded to
9    undergraduate students attending the public university
10    campus.
11        (4) Total amount of funds matched by the public
12    university campus.
13        (5) Total amount of funds refunded to the Commission by
14    the public university campus.
15        (6) The percentage of total financial aid distributed
16    under the Program by the public university campus.
17        (7) The total number of students receiving grants from
18    the public university campus under the Program and those
19    students' grade level, race, gender, income level, family
20    size, Monetary Award Program eligibility, Pell Grant
21    eligibility, and zip code of residence and the amount of
22    each grant award. This information shall include unit
23    record data on those students regarding variables
24    associated with the parameters of the public university's
25    Program, including, but not limited to, a student's ACT or
26    SAT college admissions test score, high school or

 

 

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1    university cumulative grade point average, or program of
2    study.
3    On or before October 1, 2020 and annually on or before
4October 1 thereafter, the Commission shall submit a report with
5the findings under this subsection (j) and any other
6information regarding the AIM HIGH Grant Pilot Program to (i)
7the Governor, (ii) the Speaker of the House of Representatives,
8(iii) the Minority Leader of the House of Representatives, (iv)
9the President of the Senate, and (v) the Minority Leader of the
10Senate. The reports to the General Assembly shall be filed with
11the Clerk of the House of Representatives and the Secretary of
12the Senate in electronic form only, in the manner that the
13Clerk and the Secretary shall direct. The Commission's report
14may not disaggregate data to a level that may disclose
15personally identifying information of individual students.
16    The sharing and reporting of student data under this
17subsection (j) must be in accordance with the requirements
18under the federal Family Educational Rights and Privacy Act of
191974 and the Illinois School Student Records Act. All parties
20must preserve the confidentiality of the information as
21required by law. The names of the grant recipients under this
22Section are not subject to disclosure under the Freedom of
23Information Act.
24    Public university campuses that fail to submit a report
25under this subsection (j) or that fail to adhere to any other
26requirements under this Section may not be eligible for

 

 

10000HB3342sam003- 311 -LRB100 08528 JWD 41189 a

1distribution of funds under the Program for the next academic
2year, but may be eligible for distribution of funds for each
3academic year thereafter.
4    (k) The Commission shall adopt rules to implement this
5Section.
6    (l) This Section is repealed on October 1, 2024.
 
7
ARTICLE 50. ADDITIONAL AMENDATORY PROVISIONS

 
8    Section 50-5. The Illinois Promotion Act is amended by
9changing Section 4a as follows:
 
10    (20 ILCS 665/4a)  (from Ch. 127, par. 200-24a)
11    Sec. 4a. Funds.
12    (1) All moneys deposited in the Tourism Promotion Fund
13pursuant to this subsection are allocated to the Department for
14utilization, as appropriated, in the performance of its powers
15under Section 4; except that during fiscal year 2013, the
16Department shall reserve $9,800,000 of the total funds
17available for appropriation in the Tourism Promotion Fund for
18appropriation to the Historic Preservation Agency for the
19operation of the Abraham Lincoln Presidential Library and
20Museum and State historic sites; and except that beginning in
21fiscal year 2019, moneys in the Tourism Promotion Fund may also
22be allocated to the Illinois Department of Agriculture, the
23Illinois Department of Natural Resources, and the Abraham

 

 

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1Lincoln Presidential Library and Museum for utilization, as
2appropriated, to administer their responsibilities as State
3agencies promoting tourism in Illinois, and for
4tourism-related purposes.
5    As soon as possible after the first day of each month,
6beginning July 1, 1997 and ending on the effective date of this
7amendatory Act of the 100th General Assembly, upon
8certification of the Department of Revenue, the Comptroller
9shall order transferred and the Treasurer shall transfer from
10the General Revenue Fund to the Tourism Promotion Fund an
11amount equal to 13% of the net revenue realized from the Hotel
12Operators' Occupation Tax Act plus an amount equal to 13% of
13the net revenue realized from any tax imposed under Section
144.05 of the Chicago World's Fair-1992 Authority Act during the
15preceding month. "Net revenue realized for a month" means the
16revenue collected by the State under that Act during the
17previous month less the amount paid out during that same month
18as refunds to taxpayers for overpayment of liability under that
19Act.
20    (1.1) (Blank).
21    (2) As soon as possible after the first day of each month,
22beginning July 1, 1997 and ending on the effective date of this
23amendatory Act of the 100th General Assembly, upon
24certification of the Department of Revenue, the Comptroller
25shall order transferred and the Treasurer shall transfer from
26the General Revenue Fund to the Tourism Promotion Fund an

 

 

10000HB3342sam003- 313 -LRB100 08528 JWD 41189 a

1amount equal to 8% of the net revenue realized from the Hotel
2Operators' Occupation Tax plus an amount equal to 8% of the net
3revenue realized from any tax imposed under Section 4.05 of the
4Chicago World's Fair-1992 Authority Act during the preceding
5month. "Net revenue realized for a month" means the revenue
6collected by the State under that Act during the previous month
7less the amount paid out during that same month as refunds to
8taxpayers for overpayment of liability under that Act.
9    All monies deposited in the Tourism Promotion Fund under
10this subsection (2) shall be used solely as provided in this
11subsection to advertise and promote tourism throughout
12Illinois. Appropriations of monies deposited in the Tourism
13Promotion Fund pursuant to this subsection (2) shall be used
14solely for advertising to promote tourism, including but not
15limited to advertising production and direct advertisement
16costs, but shall not be used to employ any additional staff,
17finance any individual event, or lease, rent or purchase any
18physical facilities. The Department shall coordinate its
19advertising under this subsection (2) with other public and
20private entities in the State engaged in similar promotion
21activities. Print or electronic media production made pursuant
22to this subsection (2) for advertising promotion shall not
23contain or include the physical appearance of or reference to
24the name or position of any public officer. "Public officer"
25means a person who is elected to office pursuant to statute, or
26who is appointed to an office which is established, and the

 

 

10000HB3342sam003- 314 -LRB100 08528 JWD 41189 a

1qualifications and duties of which are prescribed, by statute,
2to discharge a public duty for the State or any of its
3political subdivisions.
4    (3) Notwithstanding anything in this Section to the
5contrary, amounts transferred from the General Revenue Fund to
6the Tourism Promotion Fund pursuant to this Section shall not
7exceed $26,300,000 in State fiscal year 2012.
8    (4) As soon as possible after the first day of each month,
9beginning July 1, 2017 and ending June 30, 2018, if the amount
10of revenue deposited into the Tourism Promotion Fund under
11subsection (c) of Section 6 of the Hotel Operators' Occupation
12Tax Act is less than 21% of the net revenue realized from the
13Hotel Operators' Occupation Tax during the preceding month,
14then, upon certification of the Department of Revenue, the
15State Comptroller shall direct and the State Treasurer shall
16transfer from the General Revenue Fund to the Tourism Promotion
17Fund an amount equal to the difference between 21% of the net
18revenue realized from the Hotel Operators' Occupation Tax
19during the preceding month and the amount of revenue deposited
20into the Tourism Promotion Fund under subsection (c) of Section
216 of the Hotel Operators' Occupation Tax Act.
22    (5) As soon as possible after the first day of each month,
23beginning July 1, 2018, if the amount of revenue deposited into
24the Tourism Promotion Fund under Section 6 of the Hotel
25Operators' Occupation Tax Act is less than 21% of the net
26revenue realized from the Hotel Operators' Occupation Tax

 

 

10000HB3342sam003- 315 -LRB100 08528 JWD 41189 a

1during the preceding month, then, upon certification of the
2Department of Revenue, the State Comptroller shall direct and
3the State Treasurer shall transfer from the General Revenue
4Fund to the Tourism Promotion Fund an amount equal to the
5difference between 21% of the net revenue realized from the
6Hotel Operators' Occupation Tax during the preceding month and
7the amount of revenue deposited into the Tourism Promotion Fund
8under Section 6 of the Hotel Operators' Occupation Tax Act.
9(Source: P.A. 100-23, eff. 7-6-17.)
 
10    Section 50-10. The Mental Health and Developmental
11Disabilities Administrative Act is amended by changing Section
1218.5 as follows:
 
13    (20 ILCS 1705/18.5)
14    Sec. 18.5. Community Developmental Disability Services
15Medicaid Trust Fund; reimbursement.
16    (a) The Community Developmental Disability Services
17Medicaid Trust Fund is hereby created in the State treasury.
18    (b) Beginning in State fiscal year 2019, Except as provided
19in subsection (b-5), any funds in any fiscal year in amounts
20not exceeding a total of $60,000,000 paid to the State by the
21federal government under Title XIX or Title XXI of the Social
22Security Act for services delivered by community developmental
23disability services providers for services relating to
24Developmental Training and Community Integrated Living

 

 

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1Arrangements as a result of the conversion of such providers
2from a grant payment methodology to a fee-for-service payment
3methodology, or any other funds paid to the State for any
4subsequent revenue maximization initiatives performed by such
5providers, and any interest earned thereon, shall be deposited
6directly into the Community Developmental Disability Services
7Medicaid Trust Fund to pay for Medicaid-reimbursed community
8developmental disability services provided to eligible
9individuals.
10    (b-5) (Blank). Beginning in State fiscal year 2008, any
11funds paid to the State by the federal government under Title
12XIX or Title XXI of the Social Security Act for services
13delivered through the Children's Residential Waiver and the
14Children's In-Home Support Waiver shall be deposited directly
15into the Trust Fund and shall not be subject to the transfer
16provisions of subsection (b).
17    (b-7) The Community Developmental Disability Services
18Medicaid Trust Fund is not subject to administrative
19charge-backs.
20    (b-9) (Blank). The Department of Human Services shall
21annually report to the Governor and the General Assembly, by
22September 1, on both the total revenue deposited into the Trust
23Fund and the total expenditures made from the Trust Fund for
24the previous fiscal year. This report shall include detailed
25descriptions of both revenues and expenditures regarding the
26Trust Fund from the previous fiscal year. This report shall be

 

 

10000HB3342sam003- 317 -LRB100 08528 JWD 41189 a

1presented by the Secretary of Human Services to the appropriate
2Appropriations Committee in the House of Representatives, as
3determined by the Speaker of the House, and in the Senate, as
4determined by the President of the Senate. This report shall be
5made available to the public and shall be published on the
6Department of Human Services' website in an appropriate
7location, a minimum of one week prior to presentation of the
8report to the General Assembly.
9    (b-10) Whenever a State developmental disabilities
10facility operated by the Department is closed and the real
11estate on which the facility is located is sold by the State,
12the net proceeds of the sale of the real estate shall be
13deposited into the Community Developmental Disability Services
14Medicaid Trust Fund and used for the purposes enumerated in
15subsections (c) and (d) of Section 4.6 of the Community
16Services Act; however, under subsection (e) of Section 4.6 of
17the Community Services Act, the Department may set aside a
18portion of the net proceeds of the sale of the real estate for
19deposit into the Human Services Priority Capital Program Fund.
20The portion set aside shall be used for the purposes enumerated
21in Section 6z-71 of the State Finance Act.
22    (c) For purposes of this Section:
23    "Trust Fund" means the Community Developmental Disability
24Services Medicaid Trust Fund.
25    "Medicaid-reimbursed developmental disability services"
26means services provided by a community developmental

 

 

10000HB3342sam003- 318 -LRB100 08528 JWD 41189 a

1disability provider under an agreement with the Department that
2is eligible for reimbursement under the federal Title XIX
3program or Title XXI program.
4    "Provider" means a qualified entity as defined in the
5State's Home and Community-Based Services Waiver for Persons
6with Developmental Disabilities that is funded by the
7Department to provide a Medicaid-reimbursed service.
8    "Revenue maximization alternatives" do not include
9increases in funds paid to the State as a result of growth in
10spending through service expansion or rate increases.
11(Source: P.A. 98-815, eff. 8-1-14.)
 
12    Section 50-15. The Rehabilitation of Persons with
13Disabilities Act is amended by changing Section 5b as follows:
 
14    (20 ILCS 2405/5b)
15    Sec. 5b. Home Services Medicaid Trust Fund.
16    (a) The Home Services Medicaid Trust Fund is hereby created
17as a special fund in the State treasury.
18    (b) Amounts paid to the State during each State fiscal year
19by the federal government under Title XIX or Title XXI of the
20Social Security Act for services delivered in relation to the
21Department's Home Services Program established pursuant to
22Section 3 of this Act, beginning in State fiscal year 2019 in
23amounts not exceeding a total of $234,000,000 in any State
24fiscal year, and any interest earned thereon, shall be

 

 

10000HB3342sam003- 319 -LRB100 08528 JWD 41189 a

1deposited into the Fund.
2    (c) Moneys in the Fund may be used by the Department for
3the purchase of services, and operational and administrative
4expenses, in relation to the Home Services Program.
5(Source: P.A. 98-1004, eff. 8-18-14; 99-143, eff. 7-27-15.)
 
6    Section 50-20. The Illinois Emergency Management Agency
7Act is amended by changing Sections 4 and 5 as follows:
 
8    (20 ILCS 3305/4)  (from Ch. 127, par. 1054)
9    Sec. 4. Definitions. As used in this Act, unless the
10context clearly indicates otherwise, the following words and
11terms have the meanings ascribed to them in this Section:
12    "Coordinator" means the staff assistant to the principal
13executive officer of a political subdivision with the duty of
14coordinating the emergency management programs of that
15political subdivision.
16    "Disaster" means an occurrence or threat of widespread or
17severe damage, injury or loss of life or property resulting
18from any natural or technological cause, including but not
19limited to fire, flood, earthquake, wind, storm, hazardous
20materials spill or other water contamination requiring
21emergency action to avert danger or damage, epidemic, air
22contamination, blight, extended periods of severe and
23inclement weather, drought, infestation, critical shortages of
24essential fuels and energy, explosion, riot, hostile military

 

 

10000HB3342sam003- 320 -LRB100 08528 JWD 41189 a

1or paramilitary action, public health emergencies, or acts of
2domestic terrorism.
3    "Emergency Management" means the efforts of the State and
4the political subdivisions to develop, plan, analyze, conduct,
5provide, implement and maintain programs for disaster
6mitigation, preparedness, response and recovery.
7    "Emergency Services and Disaster Agency" means the agency
8by this name, by the name Emergency Management Agency, or by
9any other name that is established by ordinance within a
10political subdivision to coordinate the emergency management
11program within that political subdivision and with private
12organizations, other political subdivisions, the State and
13federal governments.
14    "Emergency Operations Plan" means the written plan of the
15State and political subdivisions describing the organization,
16mission, and functions of the government and supporting
17services for responding to and recovering from disasters and
18shall include plans that take into account the needs of those
19individuals with household pets and service animals following a
20major disaster or emergency.
21    "Emergency Services" means the coordination of functions
22by the State and its political subdivision, other than
23functions for which military forces are primarily responsible,
24as may be necessary or proper to prevent, minimize, repair, and
25alleviate injury and damage resulting from any natural or
26technological causes. These functions include, without

 

 

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1limitation, fire fighting services, police services, emergency
2aviation services, medical and health services, HazMat and
3technical rescue teams, rescue, engineering, warning services,
4communications, radiological, chemical and other special
5weapons defense, evacuation of persons from stricken or
6threatened areas, emergency assigned functions of plant
7protection, temporary restoration of public utility services
8and other functions related to civilian protection, together
9with all other activities necessary or incidental to protecting
10life or property.
11    "Exercise" means a planned event realistically simulating
12a disaster, conducted for the purpose of evaluating the
13political subdivision's coordinated emergency management
14capabilities, including, but not limited to, testing the
15emergency operations plan.
16    "HazMat team" means a career or volunteer mobile support
17team that has been authorized by a unit of local government to
18respond to hazardous materials emergencies and that is
19primarily designed for emergency response to chemical or
20biological terrorism, radiological emergencies, hazardous
21material spills, releases, or fires, or other contamination
22events.
23    "Illinois Emergency Management Agency" means the agency
24established by this Act within the executive branch of State
25Government responsible for coordination of the overall
26emergency management program of the State and with private

 

 

10000HB3342sam003- 322 -LRB100 08528 JWD 41189 a

1organizations, political subdivisions, and the federal
2government. Illinois Emergency Management Agency also means
3the State Emergency Response Commission responsible for the
4implementation of Title III of the Superfund Amendments and
5Reauthorization Act of 1986.
6    "Mobile Support Team" means a group of individuals
7designated as a team by the Governor or Director to train prior
8to and to be dispatched, if the Governor or the Director so
9determines, to aid and reinforce the State and political
10subdivision emergency management efforts in response to a
11disaster.
12    "Municipality" means any city, village, and incorporated
13town.
14    "Political Subdivision" means any county, city, village,
15or incorporated town or township if the township is in a county
16having a population of more than 2,000,000.
17    "Principal Executive Officer" means chair of the county
18board, supervisor of a township if the township is in a county
19having a population of more than 2,000,000, mayor of a city or
20incorporated town, president of a village, or in their absence
21or disability, the interim successor as established under
22Section 7 of the Emergency Interim Executive Succession Act.
23    "Public health emergency" means an occurrence or imminent
24threat of an illness or health condition that:
25        (a) is believed to be caused by any of the following:
26            (i) bioterrorism;

 

 

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1            (ii) the appearance of a novel or previously
2        controlled or eradicated infectious agent or
3        biological toxin;
4            (iii) a natural disaster;
5            (iv) a chemical attack or accidental release; or
6            (v) a nuclear attack or accident; and
7        (b) poses a high probability of any of the following
8    harms:
9            (i) a large number of deaths in the affected
10        population;
11            (ii) a large number of serious or long-term
12        disabilities in the affected population; or
13            (iii) widespread exposure to an infectious or
14        toxic agent that poses a significant risk of
15        substantial future harm to a large number of people in
16        the affected population.
17    "Statewide mutual aid organization" means an entity with
18local government members throughout the State that facilitates
19temporary assistance through its members in a particular public
20safety discipline, such as police, fire or emergency
21management, when an occurrence exceeds a member jurisdiction's
22capabilities.
23    "Technical rescue team" means a career or volunteer mobile
24support team that has been authorized by a unit of local
25government to respond to building collapse, high angle rescue,
26and other specialized rescue emergencies and that is primarily

 

 

10000HB3342sam003- 324 -LRB100 08528 JWD 41189 a

1designated for emergency response to technical rescue events.
2(Source: P.A. 93-249, eff. 7-22-03; 94-334, eff. 1-1-06;
394-1081, eff. 6-1-07.)
 
4    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
5    Sec. 5. Illinois Emergency Management Agency.
6    (a) There is created within the executive branch of the
7State Government an Illinois Emergency Management Agency and a
8Director of the Illinois Emergency Management Agency, herein
9called the "Director" who shall be the head thereof. The
10Director shall be appointed by the Governor, with the advice
11and consent of the Senate, and shall serve for a term of 2
12years beginning on the third Monday in January of the
13odd-numbered year, and until a successor is appointed and has
14qualified; except that the term of the first Director appointed
15under this Act shall expire on the third Monday in January,
161989. The Director shall not hold any other remunerative public
17office. The Director shall receive an annual salary as set by
18the Compensation Review Board.
19    (b) The Illinois Emergency Management Agency shall obtain,
20under the provisions of the Personnel Code, technical,
21clerical, stenographic and other administrative personnel, and
22may make expenditures within the appropriation therefor as may
23be necessary to carry out the purpose of this Act. The agency
24created by this Act is intended to be a successor to the agency
25created under the Illinois Emergency Services and Disaster

 

 

10000HB3342sam003- 325 -LRB100 08528 JWD 41189 a

1Agency Act of 1975 and the personnel, equipment, records, and
2appropriations of that agency are transferred to the successor
3agency as of the effective date of this Act.
4    (c) The Director, subject to the direction and control of
5the Governor, shall be the executive head of the Illinois
6Emergency Management Agency and the State Emergency Response
7Commission and shall be responsible under the direction of the
8Governor, for carrying out the program for emergency management
9of this State. The Director shall also maintain liaison and
10cooperate with the emergency management organizations of this
11State and other states and of the federal government.
12    (d) The Illinois Emergency Management Agency shall take an
13integral part in the development and revision of political
14subdivision emergency operations plans prepared under
15paragraph (f) of Section 10. To this end it shall employ or
16otherwise secure the services of professional and technical
17personnel capable of providing expert assistance to the
18emergency services and disaster agencies. These personnel
19shall consult with emergency services and disaster agencies on
20a regular basis and shall make field examinations of the areas,
21circumstances, and conditions that particular political
22subdivision emergency operations plans are intended to apply.
23    (e) The Illinois Emergency Management Agency and political
24subdivisions shall be encouraged to form an emergency
25management advisory committee composed of private and public
26personnel representing the emergency management phases of

 

 

10000HB3342sam003- 326 -LRB100 08528 JWD 41189 a

1mitigation, preparedness, response, and recovery. The Local
2Emergency Planning Committee, as created under the Illinois
3Emergency Planning and Community Right to Know Act, shall serve
4as an advisory committee to the emergency services and disaster
5agency or agencies serving within the boundaries of that Local
6Emergency Planning Committee planning district for:
7        (1) the development of emergency operations plan
8    provisions for hazardous chemical emergencies; and
9        (2) the assessment of emergency response capabilities
10    related to hazardous chemical emergencies.
11    (f) The Illinois Emergency Management Agency shall:
12        (1) Coordinate the overall emergency management
13    program of the State.
14        (2) Cooperate with local governments, the federal
15    government and any public or private agency or entity in
16    achieving any purpose of this Act and in implementing
17    emergency management programs for mitigation,
18    preparedness, response, and recovery.
19        (2.5) Develop a comprehensive emergency preparedness
20    and response plan for any nuclear accident in accordance
21    with Section 65 of the Department of Nuclear Safety Law of
22    2004 (20 ILCS 3310) and in development of the Illinois
23    Nuclear Safety Preparedness program in accordance with
24    Section 8 of the Illinois Nuclear Safety Preparedness Act.
25        (2.6) Coordinate with the Department of Public Health
26    with respect to planning for and responding to public

 

 

10000HB3342sam003- 327 -LRB100 08528 JWD 41189 a

1    health emergencies.
2        (3) Prepare, for issuance by the Governor, executive
3    orders, proclamations, and regulations as necessary or
4    appropriate in coping with disasters.
5        (4) Promulgate rules and requirements for political
6    subdivision emergency operations plans that are not
7    inconsistent with and are at least as stringent as
8    applicable federal laws and regulations.
9        (5) Review and approve, in accordance with Illinois
10    Emergency Management Agency rules, emergency operations
11    plans for those political subdivisions required to have an
12    emergency services and disaster agency pursuant to this
13    Act.
14        (5.5) Promulgate rules and requirements for the
15    political subdivision emergency management exercises,
16    including, but not limited to, exercises of the emergency
17    operations plans.
18        (5.10) Review, evaluate, and approve, in accordance
19    with Illinois Emergency Management Agency rules, political
20    subdivision emergency management exercises for those
21    political subdivisions required to have an emergency
22    services and disaster agency pursuant to this Act.
23        (6) Determine requirements of the State and its
24    political subdivisions for food, clothing, and other
25    necessities in event of a disaster.
26        (7) Establish a register of persons with types of

 

 

10000HB3342sam003- 328 -LRB100 08528 JWD 41189 a

1    emergency management training and skills in mitigation,
2    preparedness, response, and recovery.
3        (8) Establish a register of government and private
4    response resources available for use in a disaster.
5        (9) Expand the Earthquake Awareness Program and its
6    efforts to distribute earthquake preparedness materials to
7    schools, political subdivisions, community groups, civic
8    organizations, and the media. Emphasis will be placed on
9    those areas of the State most at risk from an earthquake.
10    Maintain the list of all school districts, hospitals,
11    airports, power plants, including nuclear power plants,
12    lakes, dams, emergency response facilities of all types,
13    and all other major public or private structures which are
14    at the greatest risk of damage from earthquakes under
15    circumstances where the damage would cause subsequent harm
16    to the surrounding communities and residents.
17        (10) Disseminate all information, completely and
18    without delay, on water levels for rivers and streams and
19    any other data pertaining to potential flooding supplied by
20    the Division of Water Resources within the Department of
21    Natural Resources to all political subdivisions to the
22    maximum extent possible.
23        (11) Develop agreements, if feasible, with medical
24    supply and equipment firms to supply resources as are
25    necessary to respond to an earthquake or any other disaster
26    as defined in this Act. These resources will be made

 

 

10000HB3342sam003- 329 -LRB100 08528 JWD 41189 a

1    available upon notifying the vendor of the disaster.
2    Payment for the resources will be in accordance with
3    Section 7 of this Act. The Illinois Department of Public
4    Health shall determine which resources will be required and
5    requested.
6        (11.5) In coordination with the Department of State
7    Police, develop and implement a community outreach program
8    to promote awareness among the State's parents and children
9    of child abduction prevention and response.
10        (12) Out of funds appropriated for these purposes,
11    award capital and non-capital grants to Illinois hospitals
12    or health care facilities located outside of a city with a
13    population in excess of 1,000,000 to be used for purposes
14    that include, but are not limited to, preparing to respond
15    to mass casualties and disasters, maintaining and
16    improving patient safety and quality of care, and
17    protecting the confidentiality of patient information. No
18    single grant for a capital expenditure shall exceed
19    $300,000. No single grant for a non-capital expenditure
20    shall exceed $100,000. In awarding such grants, preference
21    shall be given to hospitals that serve a significant number
22    of Medicaid recipients, but do not qualify for
23    disproportionate share hospital adjustment payments under
24    the Illinois Public Aid Code. To receive such a grant, a
25    hospital or health care facility must provide funding of at
26    least 50% of the cost of the project for which the grant is

 

 

10000HB3342sam003- 330 -LRB100 08528 JWD 41189 a

1    being requested. In awarding such grants the Illinois
2    Emergency Management Agency shall consider the
3    recommendations of the Illinois Hospital Association.
4        (13) Do all other things necessary, incidental or
5    appropriate for the implementation of this Act.
6    (g) The Illinois Emergency Management Agency is authorized
7to make grants to various higher education institutions, public
8K-12 school districts, area vocational centers as designated by
9the State Board of Education, inter-district special education
10cooperatives, regional safe schools, and nonpublic K-12
11schools for safety and security improvements. For the purpose
12of this subsection (g), "higher education institution" means a
13public university, a public community college, or an
14independent, not-for-profit or for-profit higher education
15institution located in this State. Grants made under this
16subsection (g) shall be paid out of moneys appropriated for
17that purpose from the Build Illinois Bond Fund. The Illinois
18Emergency Management Agency shall adopt rules to implement this
19subsection (g). These rules may specify: (i) the manner of
20applying for grants; (ii) project eligibility requirements;
21(iii) restrictions on the use of grant moneys; (iv) the manner
22in which the various higher education institutions must account
23for the use of grant moneys; and (v) any other provision that
24the Illinois Emergency Management Agency determines to be
25necessary or useful for the administration of this subsection
26(g).

 

 

10000HB3342sam003- 331 -LRB100 08528 JWD 41189 a

1    (g-5) The Illinois Emergency Management Agency is
2authorized to make grants to not-for-profit organizations
3which are exempt from federal income taxation under section
4501(c)(3) of the Federal Internal Revenue Code for eligible
5security improvements that assist the organization in
6preventing, preparing for, or responding to acts of terrorism.
7The Director shall establish procedures and forms by which
8applicants may apply for a grant, and procedures for
9distributing grants to recipients. The procedures shall
10require each applicant to do the following:
11        (1) identify and substantiate prior threats or attacks
12    by a terrorist organization, network, or cell against the
13    not-for-profit organization;
14        (2) indicate the symbolic or strategic value of one or
15    more sites that renders the site a possible target of
16    terrorism;
17        (3) discuss potential consequences to the organization
18    if the site is damaged, destroyed, or disrupted by a
19    terrorist act;
20        (4) describe how the grant will be used to integrate
21    organizational preparedness with broader State and local
22    preparedness efforts;
23        (5) submit a vulnerability assessment conducted by
24    experienced security, law enforcement, or military
25    personnel, and a description of how the grant award will be
26    used to address the vulnerabilities identified in the

 

 

10000HB3342sam003- 332 -LRB100 08528 JWD 41189 a

1    assessment; and
2        (6) submit any other relevant information as may be
3    required by the Director.
4    The Agency is authorized to use funds appropriated for the
5grant program described in this subsection (g-5) to administer
6the program.
7    (h) Except as provided in Section 17.5 of this Act, any
8moneys received by the Agency from donations or sponsorships
9shall be deposited in the Emergency Planning and Training Fund
10and used by the Agency, subject to appropriation, to effectuate
11planning and training activities.
12    (i) The Illinois Emergency Management Agency may by rule
13assess and collect reasonable fees for attendance at
14Agency-sponsored conferences to enable the Agency to carry out
15the requirements of this Act. Any moneys received under this
16subsection shall be deposited in the Emergency Planning and
17Training Fund and used by the Agency, subject to appropriation,
18for planning and training activities.
19    (j) The Illinois Emergency Management Agency is authorized
20to make grants to other State agencies, public universities,
21units of local government, and statewide mutual aid
22organizations to enhance statewide emergency preparedness and
23response.
24(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
25revised 9-28-17.)
 

 

 

10000HB3342sam003- 333 -LRB100 08528 JWD 41189 a

1    Section 50-25. The State Finance Act is amended by changing
2Sections 6z-45, 6z-68, 6z-71, 6z-81, 8.3, and 8.11 and adding
3Sections 5.886 and 6z-105 as follows:
 
4    (30 ILCS 105/5.886 new)
5    Sec. 5.886. The VW Settlement Environmental Mitigation
6Fund.
 
7    (30 ILCS 105/6z-68)
8    Sec. 6z-68. The Intercity Passenger Rail Fund.
9    (a) The Intercity Passenger Rail Fund is created as a
10special fund in the State treasury. Moneys in the Fund may be
11used by the Department of Transportation, subject to
12appropriation, for the operation of intercity passenger rail
13services in the State through Amtrak or its successor.
14    Moneys received for the purposes of this Section,
15including, without limitation, income tax checkoff receipts
16and gifts, grants, and awards from any public or private
17entity, must be deposited into the Fund. Any interest earned on
18moneys in the Fund must be deposited into the Fund.
19    (b) At least one month before the beginning of each fiscal
20year, the chief operating officer of Amtrak or its successor
21must certify to the State Treasurer the number of Amtrak
22tickets sold at the State rate during that current fiscal year.
23    On the first day of that next fiscal year, or as soon
24thereafter as practical, the State Treasurer must transfer,

 

 

10000HB3342sam003- 334 -LRB100 08528 JWD 41189 a

1from the General Revenue Fund to the Intercity Passenger Rail
2Fund, an amount equal to the tickets certified by the chief
3operating officer of Amtrak multiplied by $50.
4(Source: P.A. 94-535, eff. 8-10-05.)
 
5    (30 ILCS 105/6z-71)
6    Sec. 6z-71. Human Services Priority Capital Program Fund.
7The Human Services Priority Capital Program Fund is created as
8a special fund in the State treasury. Subject to appropriation,
9the Department of Human Services shall use moneys in the Human
10Services Priority Capital Program Fund to make grants to the
11Illinois Facilities Fund, a not-for-profit corporation, to
12make long term below market rate loans to nonprofit human
13service providers working under contract to the State of
14Illinois to assist those providers in meeting their capital
15needs. The loans shall be for the purpose of such capital
16needs, including but not limited to special use facilities,
17requirements for serving persons with disabilities, the
18mentally ill, or substance abusers, and medical and technology
19equipment. Loan repayments shall be deposited into the Human
20Services Priority Capital Program Fund. Interest income may be
21used to cover expenses of the program. The Illinois Facilities
22Fund shall report to the Department of Human Services and the
23General Assembly by April 1, 2008, and again by April 1, 2009,
24as to the use and earnings of the program.
25    A portion of the proceeds from the sale of a mental health

 

 

10000HB3342sam003- 335 -LRB100 08528 JWD 41189 a

1facility or developmental disabilities facility operated by
2the Department of Human Services may be deposited into the Fund
3and may be used for the purposes described in this Section.
4    Notwithstanding any other provision of law, in addition to
5any other transfers that may be provided by law, on July 1,
62018, or as soon thereafter as practical, the State Comptroller
7shall direct and the State Treasurer shall transfer the
8remaining balance from the Human Services Priority Capital
9Program Fund into the General Revenue Fund. Upon completion of
10the transfers, the Human Services Priority Capital Program Fund
11is dissolved, and any future deposits due to that Fund and any
12outstanding obligations or liabilities of that Fund pass to the
13General Revenue Fund.
14(Source: P.A. 98-815, eff. 8-1-14; 99-143, eff. 7-27-15.)
 
15    (30 ILCS 105/6z-81)
16    Sec. 6z-81. Healthcare Provider Relief Fund.
17    (a) There is created in the State treasury a special fund
18to be known as the Healthcare Provider Relief Fund.
19    (b) The Fund is created for the purpose of receiving and
20disbursing moneys in accordance with this Section.
21Disbursements from the Fund shall be made only as follows:
22        (1) Subject to appropriation, for payment by the
23    Department of Healthcare and Family Services or by the
24    Department of Human Services of medical bills and related
25    expenses, including administrative expenses, for which the

 

 

10000HB3342sam003- 336 -LRB100 08528 JWD 41189 a

1    State is responsible under Titles XIX and XXI of the Social
2    Security Act, the Illinois Public Aid Code, the Children's
3    Health Insurance Program Act, the Covering ALL KIDS Health
4    Insurance Act, and the Long Term Acute Care Hospital
5    Quality Improvement Transfer Program Act.
6        (2) For repayment of funds borrowed from other State
7    funds or from outside sources, including interest thereon.
8        (3) For State fiscal years 2017, and 2018, and 2019,
9    for making payments to the human poison control center
10    pursuant to Section 12-4.105 of the Illinois Public Aid
11    Code.
12    (c) The Fund shall consist of the following:
13        (1) Moneys received by the State from short-term
14    borrowing pursuant to the Short Term Borrowing Act on or
15    after the effective date of Public Act 96-820 this
16    amendatory Act of the 96th General Assembly.
17        (2) All federal matching funds received by the Illinois
18    Department of Healthcare and Family Services as a result of
19    expenditures made by the Department that are attributable
20    to moneys deposited in the Fund.
21        (3) All federal matching funds received by the Illinois
22    Department of Healthcare and Family Services as a result of
23    federal approval of Title XIX State plan amendment
24    transmittal number 07-09.
25        (4) All other moneys received for the Fund from any
26    other source, including interest earned thereon.

 

 

10000HB3342sam003- 337 -LRB100 08528 JWD 41189 a

1        (5) All federal matching funds received by the Illinois
2    Department of Healthcare and Family Services as a result of
3    expenditures made by the Department for Medical Assistance
4    from the General Revenue Fund, the Tobacco Settlement
5    Recovery Fund, the Long-Term Care Provider Fund, and the
6    Drug Rebate Fund related to individuals eligible for
7    medical assistance pursuant to the Patient Protection and
8    Affordable Care Act (P.L. 111-148) and Section 5-2 of the
9    Illinois Public Aid Code.
10    (d) In addition to any other transfers that may be provided
11for by law, on the effective date of Public Act 97-44 this
12amendatory Act of the 97th General Assembly, or as soon
13thereafter as practical, the State Comptroller shall direct and
14the State Treasurer shall transfer the sum of $365,000,000 from
15the General Revenue Fund into the Healthcare Provider Relief
16Fund.
17    (e) In addition to any other transfers that may be provided
18for by law, on July 1, 2011, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $160,000,000 from the
21General Revenue Fund to the Healthcare Provider Relief Fund.
22    (f) Notwithstanding any other State law to the contrary,
23and in addition to any other transfers that may be provided for
24by law, the State Comptroller shall order transferred and the
25State Treasurer shall transfer $500,000,000 to the Healthcare
26Provider Relief Fund from the General Revenue Fund in equal

 

 

10000HB3342sam003- 338 -LRB100 08528 JWD 41189 a

1monthly installments of $100,000,000, with the first transfer
2to be made on July 1, 2012, or as soon thereafter as practical,
3and with each of the remaining transfers to be made on August
41, 2012, September 1, 2012, October 1, 2012, and November 1,
52012, or as soon thereafter as practical. This transfer may
6assist the Department of Healthcare and Family Services in
7improving Medical Assistance bill processing timeframes or in
8meeting the possible requirements of Senate Bill 3397, or other
9similar legislation, of the 97th General Assembly should it
10become law.
11    (g) Notwithstanding any other State law to the contrary,
12and in addition to any other transfers that may be provided for
13by law, on July 1, 2013, or as soon thereafter as may be
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $601,000,000 from the
16General Revenue Fund to the Healthcare Provider Relief Fund.
17(Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;
1899-516, eff. 6-30-16.)
 
19    (30 ILCS 105/6z-105 new)
20    Sec. 6z-105. The VW Settlement Environmental Mitigation
21Fund. The VW Settlement Environmental Mitigation Fund is
22created as a special fund in the State Treasury to receive
23moneys from the State Mitigation Trust established pursuant to
24the Environmental Mitigation Trust Agreement for State
25Beneficiaries ("Trust Agreement") pursuant to consent decrees

 

 

10000HB3342sam003- 339 -LRB100 08528 JWD 41189 a

1in In re: Volkswagen "Clean Diesel" Marketing, Sales Practices,
2and Products Liability Litigation, MDL No. 2672 CRB (JSC) ("VW
3Settlement"). All funds received by the State from the State
4Mitigation Trust shall be deposited into the VW Settlement
5Environmental Mitigation Fund to be used, subject to
6appropriation by the General Assembly, by the Illinois
7Environmental Protection Agency as designated lead agency for
8the State of Illinois, to pay for costs of eligible mitigation
9actions and related administrative expenditures as allowed
10under the VW Settlement, the Trust Agreement, and the State's
11Beneficiary Mitigation Plan.
 
12    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
13    Sec. 8.3. Money in the Road Fund shall, if and when the
14State of Illinois incurs any bonded indebtedness for the
15construction of permanent highways, be set aside and used for
16the purpose of paying and discharging annually the principal
17and interest on that bonded indebtedness then due and payable,
18and for no other purpose. The surplus, if any, in the Road Fund
19after the payment of principal and interest on that bonded
20indebtedness then annually due shall be used as follows:
21        first -- to pay the cost of administration of Chapters
22    2 through 10 of the Illinois Vehicle Code, except the cost
23    of administration of Articles I and II of Chapter 3 of that
24    Code; and
25        secondly -- for expenses of the Department of

 

 

10000HB3342sam003- 340 -LRB100 08528 JWD 41189 a

1    Transportation for construction, reconstruction,
2    improvement, repair, maintenance, operation, and
3    administration of highways in accordance with the
4    provisions of laws relating thereto, or for any purpose
5    related or incident to and connected therewith, including
6    the separation of grades of those highways with railroads
7    and with highways and including the payment of awards made
8    by the Illinois Workers' Compensation Commission under the
9    terms of the Workers' Compensation Act or Workers'
10    Occupational Diseases Act for injury or death of an
11    employee of the Division of Highways in the Department of
12    Transportation; or for the acquisition of land and the
13    erection of buildings for highway purposes, including the
14    acquisition of highway right-of-way or for investigations
15    to determine the reasonably anticipated future highway
16    needs; or for making of surveys, plans, specifications and
17    estimates for and in the construction and maintenance of
18    flight strips and of highways necessary to provide access
19    to military and naval reservations, to defense industries
20    and defense-industry sites, and to the sources of raw
21    materials and for replacing existing highways and highway
22    connections shut off from general public use at military
23    and naval reservations and defense-industry sites, or for
24    the purchase of right-of-way, except that the State shall
25    be reimbursed in full for any expense incurred in building
26    the flight strips; or for the operating and maintaining of

 

 

10000HB3342sam003- 341 -LRB100 08528 JWD 41189 a

1    highway garages; or for patrolling and policing the public
2    highways and conserving the peace; or for the operating
3    expenses of the Department relating to the administration
4    of public transportation programs; or, during fiscal year
5    2012 only, for the purposes of a grant not to exceed
6    $8,500,000 to the Regional Transportation Authority on
7    behalf of PACE for the purpose of ADA/Para-transit
8    expenses; or, during fiscal year 2013 only, for the
9    purposes of a grant not to exceed $3,825,000 to the
10    Regional Transportation Authority on behalf of PACE for the
11    purpose of ADA/Para-transit expenses; or, during fiscal
12    year 2014 only, for the purposes of a grant not to exceed
13    $3,825,000 to the Regional Transportation Authority on
14    behalf of PACE for the purpose of ADA/Para-transit
15    expenses; or, during fiscal year 2015 only, for the
16    purposes of a grant not to exceed $3,825,000 to the
17    Regional Transportation Authority on behalf of PACE for the
18    purpose of ADA/Para-transit expenses; or, during fiscal
19    year 2016 only, for the purposes of a grant not to exceed
20    $3,825,000 to the Regional Transportation Authority on
21    behalf of PACE for the purpose of ADA/Para-transit
22    expenses; or, during fiscal year 2017 only, for the
23    purposes of a grant not to exceed $3,825,000 to the
24    Regional Transportation Authority on behalf of PACE for the
25    purpose of ADA/Para-transit expenses; or, during fiscal
26    year 2018 only, for the purposes of a grant not to exceed

 

 

10000HB3342sam003- 342 -LRB100 08528 JWD 41189 a

1    $3,825,000 to the Regional Transportation Authority on
2    behalf of PACE for the purpose of ADA/Para-transit
3    expenses; or, during fiscal year 2019 only, for the
4    purposes of a grant not to exceed $3,825,000 to the
5    Regional Transportation Authority on behalf of PACE for the
6    purpose of ADA/Para-transit expenses; or for any of those
7    purposes or any other purpose that may be provided by law.
8    Appropriations for any of those purposes are payable from
9the Road Fund. Appropriations may also be made from the Road
10Fund for the administrative expenses of any State agency that
11are related to motor vehicles or arise from the use of motor
12vehicles.
13    Beginning with fiscal year 1980 and thereafter, no Road
14Fund monies shall be appropriated to the following Departments
15or agencies of State government for administration, grants, or
16operations; but this limitation is not a restriction upon
17appropriating for those purposes any Road Fund monies that are
18eligible for federal reimbursement: ;
19        1. Department of Public Health;
20        2. Department of Transportation, only with respect to
21    subsidies for one-half fare Student Transportation and
22    Reduced Fare for Elderly, except during fiscal year 2012
23    only when no more than $40,000,000 may be expended and
24    except during fiscal year 2013 only when no more than
25    $17,570,300 may be expended and except during fiscal year
26    2014 only when no more than $17,570,000 may be expended and

 

 

10000HB3342sam003- 343 -LRB100 08528 JWD 41189 a

1    except during fiscal year 2015 only when no more than
2    $17,570,000 may be expended and except during fiscal year
3    2016 only when no more than $17,570,000 may be expended and
4    except during fiscal year 2017 only when no more than
5    $17,570,000 may be expended and except during fiscal year
6    2018 only when no more than $17,570,000 may be expended and
7    except during fiscal year 2019 only when no more than
8    $17,570,000 may be expended;
9        3. Department of Central Management Services, except
10    for expenditures incurred for group insurance premiums of
11    appropriate personnel;
12        4. Judicial Systems and Agencies.
13    Beginning with fiscal year 1981 and thereafter, no Road
14Fund monies shall be appropriated to the following Departments
15or agencies of State government for administration, grants, or
16operations; but this limitation is not a restriction upon
17appropriating for those purposes any Road Fund monies that are
18eligible for federal reimbursement:
19        1. Department of State Police, except for expenditures
20    with respect to the Division of Operations;
21        2. Department of Transportation, only with respect to
22    Intercity Rail Subsidies, except during fiscal year 2012
23    only when no more than $40,000,000 may be expended and
24    except during fiscal year 2013 only when no more than
25    $26,000,000 may be expended and except during fiscal year
26    2014 only when no more than $38,000,000 may be expended and

 

 

10000HB3342sam003- 344 -LRB100 08528 JWD 41189 a

1    except during fiscal year 2015 only when no more than
2    $42,000,000 may be expended and except during fiscal year
3    2016 only when no more than $38,300,000 may be expended and
4    except during fiscal year 2017 only when no more than
5    $50,000,000 may be expended and except during fiscal year
6    2018 only when no more than $52,000,000 may be expended and
7    except during fiscal year 2019 only when no more than
8    $52,000,000 may be expended, and Rail Freight Services.
9    Beginning with fiscal year 1982 and thereafter, no Road
10Fund monies shall be appropriated to the following Departments
11or agencies of State government for administration, grants, or
12operations; but this limitation is not a restriction upon
13appropriating for those purposes any Road Fund monies that are
14eligible for federal reimbursement: Department of Central
15Management Services, except for awards made by the Illinois
16Workers' Compensation Commission under the terms of the
17Workers' Compensation Act or Workers' Occupational Diseases
18Act for injury or death of an employee of the Division of
19Highways in the Department of Transportation.
20    Beginning with fiscal year 1984 and thereafter, no Road
21Fund monies shall be appropriated to the following Departments
22or agencies of State government for administration, grants, or
23operations; but this limitation is not a restriction upon
24appropriating for those purposes any Road Fund monies that are
25eligible for federal reimbursement:
26        1. Department of State Police, except not more than 40%

 

 

10000HB3342sam003- 345 -LRB100 08528 JWD 41189 a

1    of the funds appropriated for the Division of Operations;
2        2. State Officers.
3    Beginning with fiscal year 1984 and thereafter, no Road
4Fund monies shall be appropriated to any Department or agency
5of State government for administration, grants, or operations
6except as provided hereafter; but this limitation is not a
7restriction upon appropriating for those purposes any Road Fund
8monies that are eligible for federal reimbursement. It shall
9not be lawful to circumvent the above appropriation limitations
10by governmental reorganization or other methods.
11Appropriations shall be made from the Road Fund only in
12accordance with the provisions of this Section.
13    Money in the Road Fund shall, if and when the State of
14Illinois incurs any bonded indebtedness for the construction of
15permanent highways, be set aside and used for the purpose of
16paying and discharging during each fiscal year the principal
17and interest on that bonded indebtedness as it becomes due and
18payable as provided in the Transportation Bond Act, and for no
19other purpose. The surplus, if any, in the Road Fund after the
20payment of principal and interest on that bonded indebtedness
21then annually due shall be used as follows:
22        first -- to pay the cost of administration of Chapters
23    2 through 10 of the Illinois Vehicle Code; and
24        secondly -- no Road Fund monies derived from fees,
25    excises, or license taxes relating to registration,
26    operation and use of vehicles on public highways or to

 

 

10000HB3342sam003- 346 -LRB100 08528 JWD 41189 a

1    fuels used for the propulsion of those vehicles, shall be
2    appropriated or expended other than for costs of
3    administering the laws imposing those fees, excises, and
4    license taxes, statutory refunds and adjustments allowed
5    thereunder, administrative costs of the Department of
6    Transportation, including, but not limited to, the
7    operating expenses of the Department relating to the
8    administration of public transportation programs, payment
9    of debts and liabilities incurred in construction and
10    reconstruction of public highways and bridges, acquisition
11    of rights-of-way for and the cost of construction,
12    reconstruction, maintenance, repair, and operation of
13    public highways and bridges under the direction and
14    supervision of the State, political subdivision, or
15    municipality collecting those monies, or during fiscal
16    year 2012 only for the purposes of a grant not to exceed
17    $8,500,000 to the Regional Transportation Authority on
18    behalf of PACE for the purpose of ADA/Para-transit
19    expenses, or during fiscal year 2013 only for the purposes
20    of a grant not to exceed $3,825,000 to the Regional
21    Transportation Authority on behalf of PACE for the purpose
22    of ADA/Para-transit expenses, or during fiscal year 2014
23    only for the purposes of a grant not to exceed $3,825,000
24    to the Regional Transportation Authority on behalf of PACE
25    for the purpose of ADA/Para-transit expenses, or during
26    fiscal year 2015 only for the purposes of a grant not to

 

 

10000HB3342sam003- 347 -LRB100 08528 JWD 41189 a

1    exceed $3,825,000 to the Regional Transportation Authority
2    on behalf of PACE for the purpose of ADA/Para-transit
3    expenses, or during fiscal year 2016 only for the purposes
4    of a grant not to exceed $3,825,000 to the Regional
5    Transportation Authority on behalf of PACE for the purpose
6    of ADA/Para-transit expenses, or during fiscal year 2017
7    only for the purposes of a grant not to exceed $3,825,000
8    to the Regional Transportation Authority on behalf of PACE
9    for the purpose of ADA/Para-transit expenses, or during
10    fiscal year 2018 only for the purposes of a grant not to
11    exceed $3,825,000 to the Regional Transportation Authority
12    on behalf of PACE for the purpose of ADA/Para-transit
13    expenses, or during fiscal year 2019 only for the purposes
14    of a grant not to exceed $3,825,000 to the Regional
15    Transportation Authority on behalf of PACE for the purpose
16    of ADA/Para-transit expenses, and the costs for patrolling
17    and policing the public highways (by State, political
18    subdivision, or municipality collecting that money) for
19    enforcement of traffic laws. The separation of grades of
20    such highways with railroads and costs associated with
21    protection of at-grade highway and railroad crossing shall
22    also be permissible.
23    Appropriations for any of such purposes are payable from
24the Road Fund or the Grade Crossing Protection Fund as provided
25in Section 8 of the Motor Fuel Tax Law.
26    Except as provided in this paragraph, beginning with fiscal

 

 

10000HB3342sam003- 348 -LRB100 08528 JWD 41189 a

1year 1991 and thereafter, no Road Fund monies shall be
2appropriated to the Department of State Police for the purposes
3of this Section in excess of its total fiscal year 1990 Road
4Fund appropriations for those purposes unless otherwise
5provided in Section 5g of this Act. For fiscal years 2003,
62004, 2005, 2006, and 2007 only, no Road Fund monies shall be
7appropriated to the Department of State Police for the purposes
8of this Section in excess of $97,310,000. For fiscal year 2008
9only, no Road Fund monies shall be appropriated to the
10Department of State Police for the purposes of this Section in
11excess of $106,100,000. For fiscal year 2009 only, no Road Fund
12monies shall be appropriated to the Department of State Police
13for the purposes of this Section in excess of $114,700,000.
14Beginning in fiscal year 2010, no road fund moneys shall be
15appropriated to the Department of State Police. It shall not be
16lawful to circumvent this limitation on appropriations by
17governmental reorganization or other methods unless otherwise
18provided in Section 5g of this Act.
19    In fiscal year 1994, no Road Fund monies shall be
20appropriated to the Secretary of State for the purposes of this
21Section in excess of the total fiscal year 1991 Road Fund
22appropriations to the Secretary of State for those purposes,
23plus $9,800,000. It shall not be lawful to circumvent this
24limitation on appropriations by governmental reorganization or
25other method.
26    Beginning with fiscal year 1995 and thereafter, no Road

 

 

10000HB3342sam003- 349 -LRB100 08528 JWD 41189 a

1Fund monies shall be appropriated to the Secretary of State for
2the purposes of this Section in excess of the total fiscal year
31994 Road Fund appropriations to the Secretary of State for
4those purposes. It shall not be lawful to circumvent this
5limitation on appropriations by governmental reorganization or
6other methods.
7    Beginning with fiscal year 2000, total Road Fund
8appropriations to the Secretary of State for the purposes of
9this Section shall not exceed the amounts specified for the
10following fiscal years:
11    Fiscal Year 2000$80,500,000;
12    Fiscal Year 2001$80,500,000;
13    Fiscal Year 2002$80,500,000;
14    Fiscal Year 2003$130,500,000;
15    Fiscal Year 2004$130,500,000;
16    Fiscal Year 2005$130,500,000;
17    Fiscal Year 2006 $130,500,000;
18    Fiscal Year 2007 $130,500,000;
19    Fiscal Year 2008$130,500,000;
20    Fiscal Year 2009 $130,500,000.
21    For fiscal year 2010, no road fund moneys shall be
22appropriated to the Secretary of State.
23    Beginning in fiscal year 2011, moneys in the Road Fund
24shall be appropriated to the Secretary of State for the
25exclusive purpose of paying refunds due to overpayment of fees
26related to Chapter 3 of the Illinois Vehicle Code unless

 

 

10000HB3342sam003- 350 -LRB100 08528 JWD 41189 a

1otherwise provided for by law.
2    It shall not be lawful to circumvent this limitation on
3appropriations by governmental reorganization or other
4methods.
5    No new program may be initiated in fiscal year 1991 and
6thereafter that is not consistent with the limitations imposed
7by this Section for fiscal year 1984 and thereafter, insofar as
8appropriation of Road Fund monies is concerned.
9    Nothing in this Section prohibits transfers from the Road
10Fund to the State Construction Account Fund under Section 5e of
11this Act; nor to the General Revenue Fund, as authorized by
12Public Act 93-25 this amendatory Act of the 93rd General
13Assembly.
14    The additional amounts authorized for expenditure in this
15Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
16shall be repaid to the Road Fund from the General Revenue Fund
17in the next succeeding fiscal year that the General Revenue
18Fund has a positive budgetary balance, as determined by
19generally accepted accounting principles applicable to
20government.
21    The additional amounts authorized for expenditure by the
22Secretary of State and the Department of State Police in this
23Section by Public Act 94-91 this amendatory Act of the 94th
24General Assembly shall be repaid to the Road Fund from the
25General Revenue Fund in the next succeeding fiscal year that
26the General Revenue Fund has a positive budgetary balance, as

 

 

10000HB3342sam003- 351 -LRB100 08528 JWD 41189 a

1determined by generally accepted accounting principles
2applicable to government.
3(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
4revised 10-11-17.)
 
5    (30 ILCS 105/8.11)  (from Ch. 127, par. 144.11)
6    Sec. 8.11. Except as otherwise provided in this Section,
7appropriations from the State Parks Fund shall be made only to
8the Department of Natural Resources and shall, except for the
9additional moneys deposited under Section 805-550 of the
10Department of Natural Resources (Conservation) Law of the Civil
11Administrative Code of Illinois, be used only for the
12maintenance, development, operation, control and acquisition
13of State parks and historic sites.
14    Revenues derived from the Illinois and Michigan Canal from
15the sale of Canal lands, lease of Canal lands, Canal
16concessions, and other Canal activities, which have been placed
17in the State Parks Fund may be appropriated to the Department
18of Natural Resources for that Department to use, either
19independently or in cooperation with any Department or Agency
20of the Federal or State Government or any political subdivision
21thereof for the development and management of the Canal and its
22adjacent lands as outlined in the master plan for such
23development and management.
24(Source: P.A. 96-1160, eff. 1-1-11.)
 

 

 

10000HB3342sam003- 352 -LRB100 08528 JWD 41189 a

1    (30 ILCS 105/5.703 rep.)
2    Section 50-30. The State Finance Act is amended by
3repealing Section 5.703.
 
4    Section 50-40. The State Prompt Payment Act is amended by
5adding Section 3-6 as follows:
 
6    (30 ILCS 540/3-6 new)
7    Sec. 3-6. Federal funds; lack of authority. If an agency
8incurs an interest liability under this Act that cannot be
9charged to the same expenditure authority account to which the
10related goods or services were charged due to federal
11prohibitions, the agency is authorized to pay the interest from
12its available appropriations from the General Revenue Fund.
 
13    Section 50-45. The Illinois Coal Technology Development
14Assistance Act is amended by changing Section 3 as follows:
 
15    (30 ILCS 730/3)  (from Ch. 96 1/2, par. 8203)
16    Sec. 3. Transfers to Coal Technology Development
17Assistance Fund.
18    (a) As soon as may be practicable after the first day of
19each month, the Department of Revenue shall certify to the
20Treasurer an amount equal to 1/64 of the revenue realized from
21the tax imposed by the Electricity Excise Tax Law, Section 2 of
22the Public Utilities Revenue Act, Section 2 of the Messages Tax

 

 

10000HB3342sam003- 353 -LRB100 08528 JWD 41189 a

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

 

 

10000HB3342sam003- 354 -LRB100 08528 JWD 41189 a

1    thereafter, an amount equal to the sum of $10,000,000 plus
2    additional moneys deposited into the Coal Technology
3    Development Assistance Fund from the Renewable Energy
4    Resources and Coal Technology Development Assistance
5    Charge under Section 6.5 of the Renewable Energy, Energy
6    Efficiency, and Coal Resources Development Law of 1997.
7    (b) During fiscal year 2019 only, the Treasurer shall make
8no transfers from the General Revenue Fund to the Coal
9Technology Development Assistance Fund.
10(Source: P.A. 99-78, eff. 7-20-15.)
 
11    Section 50-50. The Illinois Public Aid Code is amended by
12changing Section 12-5 as follows:
 
13    (305 ILCS 5/12-5)  (from Ch. 23, par. 12-5)
14    Sec. 12-5. Appropriations; uses; federal grants; report to
15General Assembly. From the sums appropriated by the General
16Assembly, the Illinois Department shall order for payment by
17warrant from the State Treasury grants for public aid under
18Articles III, IV, and V, including grants for funeral and
19burial expenses, and all costs of administration of the
20Illinois Department and the County Departments relating
21thereto. Moneys appropriated to the Illinois Department for
22public aid under Article VI may be used, with the consent of
23the Governor, to co-operate with federal, State, and local
24agencies in the development of work projects designed to

 

 

10000HB3342sam003- 355 -LRB100 08528 JWD 41189 a

1provide suitable employment for persons receiving public aid
2under Article VI. The Illinois Department, with the consent of
3the Governor, may be the agent of the State for the receipt and
4disbursement of federal funds or commodities for public aid
5purposes under Article VI and for related purposes in which the
6co-operation of the Illinois Department is sought by the
7federal government, and, in connection therewith, may make
8necessary expenditures from moneys appropriated for public aid
9under any Article of this Code and for administration. The
10Illinois Department, with the consent of the Governor, may be
11the agent of the State for the receipt and disbursement of
12federal funds pursuant to the Immigration Reform and Control
13Act of 1986 and may make necessary expenditures from monies
14appropriated to it for operations, administration, and grants,
15including payment to the Health Insurance Reserve Fund for
16group insurance costs at the rate certified by the Department
17of Central Management Services. All amounts received by the
18Illinois Department pursuant to the Immigration Reform and
19Control Act of 1986 shall be deposited in the Immigration
20Reform and Control Fund. All amounts received into the
21Immigration Reform and Control Fund as reimbursement for
22expenditures from the General Revenue Fund shall be transferred
23to the General Revenue Fund.
24    All grants received by the Illinois Department for programs
25funded by the Federal Social Services Block Grant shall be
26deposited in the Social Services Block Grant Fund. All funds

 

 

10000HB3342sam003- 356 -LRB100 08528 JWD 41189 a

1received into the Social Services Block Grant Fund as
2reimbursement for expenditures from the General Revenue Fund
3shall be transferred to the General Revenue Fund. All funds
4received into the Social Services Block Grant fund for
5reimbursement for expenditure out of the Local Initiative Fund
6shall be transferred into the Local Initiative Fund. Any other
7federal funds received into the Social Services Block Grant
8Fund shall be transferred to the DHS Special Purposes Trust
9Fund. All federal funds received by the Illinois Department as
10reimbursement for Employment and Training Programs for
11expenditures made by the Illinois Department from grants,
12gifts, or legacies as provided in Section 12-4.18 or made by an
13entity other than the Illinois Department and all federal funds
14received from the Emergency Contingency Fund for State
15Temporary Assistance for Needy Families Programs established
16by the American Recovery and Reinvestment Act of 2009 shall be
17deposited into the Employment and Training Fund.
18    During each State fiscal year, an amount not exceeding a
19total of $68,800,000 Eighty percent of the federal financial
20participation funds received by the Illinois Department under
21the provisions of Title IV-A of the federal Social Security Act
22Emergency Assistance program as reimbursement for expenditures
23made from the Illinois Department of Children and Family
24Services appropriations for the costs of providing services in
25behalf of Department of Children and Family Services clients
26shall be deposited into the DCFS Children's Services Fund.

 

 

10000HB3342sam003- 357 -LRB100 08528 JWD 41189 a

1    All federal funds, except those covered by the foregoing 3
2paragraphs, received as reimbursement for expenditures from
3the General Revenue Fund shall be deposited in the General
4Revenue Fund for administrative and distributive expenditures
5properly chargeable by federal law or regulation to aid
6programs established under Articles III through XII and Titles
7IV, XVI, XIX and XX of the Federal Social Security Act. Any
8other federal funds received by the Illinois Department under
9Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
10Section 12-10 of this Code to be paid into the DHS Special
11Purposes Trust Fund shall be deposited into the DHS Special
12Purposes Trust Fund. Any other federal funds received by the
13Illinois Department pursuant to the Child Support Enforcement
14Program established by Title IV-D of the Social Security Act
15shall be deposited in the Child Support Enforcement Trust Fund
16as required under Section 12-10.2 or in the Child Support
17Administrative Fund as required under Section 12-10.2a of this
18Code. Any other federal funds received by the Illinois
19Department for expenditures made under Title XIX of the Social
20Security Act and Articles V and VI of this Code that are
21required by Section 15-2 of this Code to be paid into the
22County Provider Trust Fund shall be deposited into the County
23Provider Trust Fund. Any other federal funds received by the
24Illinois Department for hospital inpatient, hospital
25ambulatory care, and disproportionate share hospital
26expenditures made under Title XIX of the Social Security Act

 

 

10000HB3342sam003- 358 -LRB100 08528 JWD 41189 a

1and Article V of this Code that are required by Section 5A-8 of
2this Code to be paid into the Hospital Provider Fund shall be
3deposited into the Hospital Provider Fund. Any other federal
4funds received by the Illinois Department for medical
5assistance program expenditures made under Title XIX of the
6Social Security Act and Article V of this Code that are
7required by Section 5B-8 of this Code to be paid into the
8Long-Term Care Provider Fund shall be deposited into the
9Long-Term Care Provider Fund. Any other federal funds received
10by the Illinois Department for medical assistance program
11expenditures made under Title XIX of the Social Security Act
12and Article V of this Code that are required by Section 5C-7 of
13this Code to be paid into the Care Provider Fund for Persons
14with a Developmental Disability shall be deposited into the
15Care Provider Fund for Persons with a Developmental Disability.
16Any other federal funds received by the Illinois Department for
17trauma center adjustment payments that are required by Section
185-5.03 of this Code and made under Title XIX of the Social
19Security Act and Article V of this Code shall be deposited into
20the Trauma Center Fund. Any other federal funds received by the
21Illinois Department as reimbursement for expenses for early
22intervention services paid from the Early Intervention
23Services Revolving Fund shall be deposited into that Fund.
24    The Illinois Department shall report to the General
25Assembly at the end of each fiscal quarter the amount of all
26funds received and paid into the Social Services Block Grant

 

 

10000HB3342sam003- 359 -LRB100 08528 JWD 41189 a

1Fund and the Local Initiative Fund and the expenditures and
2transfers of such funds for services, programs and other
3purposes authorized by law. Such report shall be filed with the
4Speaker, Minority Leader and Clerk of the House, with the
5President, Minority Leader and Secretary of the Senate, with
6the Chairmen of the House and Senate Appropriations Committees,
7the House Human Resources Committee and the Senate Public
8Health, Welfare and Corrections Committee, or the successor
9standing Committees of each as provided by the rules of the
10House and Senate, respectively, with the Legislative Research
11Unit and with the State Government Report Distribution Center
12for the General Assembly as is required under paragraph (t) of
13Section 7 of the State Library Act shall be deemed sufficient
14to comply with this Section.
15(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
1699-933, Article 5, Section 5-130, eff. 1-27-17; 99-933, Article
1715, Section 15-50, eff. 1-27-17; revised 2-15-17.)
 
18    Section 50-55. The Environmental Protection Act is amended
19by changing Sections 22.15, 55.6, and 57.11 as follows:
 
20    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
21    Sec. 22.15. Solid Waste Management Fund; fees.
22    (a) There is hereby created within the State Treasury a
23special fund to be known as the "Solid Waste Management Fund",
24to be constituted from the fees collected by the State pursuant

 

 

10000HB3342sam003- 360 -LRB100 08528 JWD 41189 a

1to this Section, from repayments of loans made from the Fund
2for solid waste projects, from registration fees collected
3pursuant to the Consumer Electronics Recycling Act, and from
4amounts transferred into the Fund pursuant to Public Act
5100-433 this amendatory Act of the 100th General Assembly.
6Moneys received by the Department of Commerce and Economic
7Opportunity in repayment of loans made pursuant to the Illinois
8Solid Waste Management Act shall be deposited into the General
9Revenue Fund.
10    (b) The Agency shall assess and collect a fee in the amount
11set forth herein from the owner or operator of each sanitary
12landfill permitted or required to be permitted by the Agency to
13dispose of solid waste if the sanitary landfill is located off
14the site where such waste was produced and if such sanitary
15landfill is owned, controlled, and operated by a person other
16than the generator of such waste. The Agency shall deposit all
17fees collected into the Solid Waste Management Fund. If a site
18is contiguous to one or more landfills owned or operated by the
19same person, the volumes permanently disposed of by each
20landfill shall be combined for purposes of determining the fee
21under this subsection. Beginning on July 1, 2018, and on the
22first day of each month thereafter during fiscal year 2019, the
23State Comptroller shall direct and State Treasurer shall
24transfer an amount equal to 1/12 of $5,000,000 per fiscal year
25from the Solid Waste Management Fund to the General Revenue
26Fund.

 

 

10000HB3342sam003- 361 -LRB100 08528 JWD 41189 a

1        (1) If more than 150,000 cubic yards of non-hazardous
2    solid waste is permanently disposed of at a site in a
3    calendar year, the owner or operator shall either pay a fee
4    of 95 cents per cubic yard or, alternatively, the owner or
5    operator may weigh the quantity of the solid waste
6    permanently disposed of with a device for which
7    certification has been obtained under the Weights and
8    Measures Act and pay a fee of $2.00 per ton of solid waste
9    permanently disposed of. In no case shall the fee collected
10    or paid by the owner or operator under this paragraph
11    exceed $1.55 per cubic yard or $3.27 per ton.
12        (2) If more than 100,000 cubic yards but not more than
13    150,000 cubic yards of non-hazardous waste is permanently
14    disposed of at a site in a calendar year, the owner or
15    operator shall pay a fee of $52,630.
16        (3) If more than 50,000 cubic yards but not more than
17    100,000 cubic yards of non-hazardous solid waste is
18    permanently disposed of at a site in a calendar year, the
19    owner or operator shall pay a fee of $23,790.
20        (4) If more than 10,000 cubic yards but not more than
21    50,000 cubic yards of non-hazardous solid waste is
22    permanently disposed of at a site in a calendar year, the
23    owner or operator shall pay a fee of $7,260.
24        (5) If not more than 10,000 cubic yards of
25    non-hazardous solid waste is permanently disposed of at a
26    site in a calendar year, the owner or operator shall pay a

 

 

10000HB3342sam003- 362 -LRB100 08528 JWD 41189 a

1    fee of $1050.
2    (c) (Blank).
3    (d) The Agency shall establish rules relating to the
4collection of the fees authorized by this Section. Such rules
5shall include, but not be limited to:
6        (1) necessary records identifying the quantities of
7    solid waste received or disposed;
8        (2) the form and submission of reports to accompany the
9    payment of fees to the Agency;
10        (3) the time and manner of payment of fees to the
11    Agency, which payments shall not be more often than
12    quarterly; and
13        (4) procedures setting forth criteria establishing
14    when an owner or operator may measure by weight or volume
15    during any given quarter or other fee payment period.
16    (e) Pursuant to appropriation, all monies in the Solid
17Waste Management Fund shall be used by the Agency and the
18Department of Commerce and Economic Opportunity for the
19purposes set forth in this Section and in the Illinois Solid
20Waste Management Act, including for the costs of fee collection
21and administration, and for the administration of (1) the
22Consumer Electronics Recycling Act and (2) until January 1,
232020, the Electronic Products Recycling and Reuse Act.
24    (f) The Agency is authorized to enter into such agreements
25and to promulgate such rules as are necessary to carry out its
26duties under this Section and the Illinois Solid Waste

 

 

10000HB3342sam003- 363 -LRB100 08528 JWD 41189 a

1Management Act.
2    (g) On the first day of January, April, July, and October
3of each year, beginning on July 1, 1996, the State Comptroller
4and Treasurer shall transfer $500,000 from the Solid Waste
5Management Fund to the Hazardous Waste Fund. Moneys transferred
6under this subsection (g) shall be used only for the purposes
7set forth in item (1) of subsection (d) of Section 22.2.
8    (h) The Agency is authorized to provide financial
9assistance to units of local government for the performance of
10inspecting, investigating and enforcement activities pursuant
11to Section 4(r) at nonhazardous solid waste disposal sites.
12    (i) The Agency is authorized to conduct household waste
13collection and disposal programs.
14    (j) A unit of local government, as defined in the Local
15Solid Waste Disposal Act, in which a solid waste disposal
16facility is located may establish a fee, tax, or surcharge with
17regard to the permanent disposal of solid waste. All fees,
18taxes, and surcharges collected under this subsection shall be
19utilized for solid waste management purposes, including
20long-term monitoring and maintenance of landfills, planning,
21implementation, inspection, enforcement and other activities
22consistent with the Solid Waste Management Act and the Local
23Solid Waste Disposal Act, or for any other environment-related
24purpose, including but not limited to an environment-related
25public works project, but not for the construction of a new
26pollution control facility other than a household hazardous

 

 

10000HB3342sam003- 364 -LRB100 08528 JWD 41189 a

1waste facility. However, the total fee, tax or surcharge
2imposed by all units of local government under this subsection
3(j) upon the solid waste disposal facility shall not exceed:
4        (1) 60¢ per cubic yard if more than 150,000 cubic yards
5    of non-hazardous solid waste is permanently disposed of at
6    the site in a calendar year, unless the owner or operator
7    weighs the quantity of the solid waste received with a
8    device for which certification has been obtained under the
9    Weights and Measures Act, in which case the fee shall not
10    exceed $1.27 per ton of solid waste permanently disposed
11    of.
12        (2) $33,350 if more than 100,000 cubic yards, but not
13    more than 150,000 cubic yards, of non-hazardous waste is
14    permanently disposed of at the site in a calendar year.
15        (3) $15,500 if more than 50,000 cubic yards, but not
16    more than 100,000 cubic yards, of non-hazardous solid waste
17    is permanently disposed of at the site in a calendar year.
18        (4) $4,650 if more than 10,000 cubic yards, but not
19    more than 50,000 cubic yards, of non-hazardous solid waste
20    is permanently disposed of at the site in a calendar year.
21        (5) $$650 if not more than 10,000 cubic yards of
22    non-hazardous solid waste is permanently disposed of at the
23    site in a calendar year.
24    The corporate authorities of the unit of local government
25may use proceeds from the fee, tax, or surcharge to reimburse a
26highway commissioner whose road district lies wholly or

 

 

10000HB3342sam003- 365 -LRB100 08528 JWD 41189 a

1partially within the corporate limits of the unit of local
2government for expenses incurred in the removal of
3nonhazardous, nonfluid municipal waste that has been dumped on
4public property in violation of a State law or local ordinance.
5    A county or Municipal Joint Action Agency that imposes a
6fee, tax, or surcharge under this subsection may use the
7proceeds thereof to reimburse a municipality that lies wholly
8or partially within its boundaries for expenses incurred in the
9removal of nonhazardous, nonfluid municipal waste that has been
10dumped on public property in violation of a State law or local
11ordinance.
12    If the fees are to be used to conduct a local sanitary
13landfill inspection or enforcement program, the unit of local
14government must enter into a written delegation agreement with
15the Agency pursuant to subsection (r) of Section 4. The unit of
16local government and the Agency shall enter into such a written
17delegation agreement within 60 days after the establishment of
18such fees. At least annually, the Agency shall conduct an audit
19of the expenditures made by units of local government from the
20funds granted by the Agency to the units of local government
21for purposes of local sanitary landfill inspection and
22enforcement programs, to ensure that the funds have been
23expended for the prescribed purposes under the grant.
24    The fees, taxes or surcharges collected under this
25subsection (j) shall be placed by the unit of local government
26in a separate fund, and the interest received on the moneys in

 

 

10000HB3342sam003- 366 -LRB100 08528 JWD 41189 a

1the fund shall be credited to the fund. The monies in the fund
2may be accumulated over a period of years to be expended in
3accordance with this subsection.
4    A unit of local government, as defined in the Local Solid
5Waste Disposal Act, shall prepare and distribute to the Agency,
6in April of each year, a report that details spending plans for
7monies collected in accordance with this subsection. The report
8will at a minimum include the following:
9        (1) The total monies collected pursuant to this
10    subsection.
11        (2) The most current balance of monies collected
12    pursuant to this subsection.
13        (3) An itemized accounting of all monies expended for
14    the previous year pursuant to this subsection.
15        (4) An estimation of monies to be collected for the
16    following 3 years pursuant to this subsection.
17        (5) A narrative detailing the general direction and
18    scope of future expenditures for one, 2 and 3 years.
19    The exemptions granted under Sections 22.16 and 22.16a, and
20under subsection (k) of this Section, shall be applicable to
21any fee, tax or surcharge imposed under this subsection (j);
22except that the fee, tax or surcharge authorized to be imposed
23under this subsection (j) may be made applicable by a unit of
24local government to the permanent disposal of solid waste after
25December 31, 1986, under any contract lawfully executed before
26June 1, 1986 under which more than 150,000 cubic yards (or

 

 

10000HB3342sam003- 367 -LRB100 08528 JWD 41189 a

150,000 tons) of solid waste is to be permanently disposed of,
2even though the waste is exempt from the fee imposed by the
3State under subsection (b) of this Section pursuant to an
4exemption granted under Section 22.16.
5    (k) In accordance with the findings and purposes of the
6Illinois Solid Waste Management Act, beginning January 1, 1989
7the fee under subsection (b) and the fee, tax or surcharge
8under subsection (j) shall not apply to:
9        (1) waste Waste which is hazardous waste; or
10        (2) waste Waste which is pollution control waste; or
11        (3) waste Waste from recycling, reclamation or reuse
12    processes which have been approved by the Agency as being
13    designed to remove any contaminant from wastes so as to
14    render such wastes reusable, provided that the process
15    renders at least 50% of the waste reusable; or
16        (4) non-hazardous Non-hazardous solid waste that is
17    received at a sanitary landfill and composted or recycled
18    through a process permitted by the Agency; or
19        (5) any Any landfill which is permitted by the Agency
20    to receive only demolition or construction debris or
21    landscape waste.
22(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;
23revised 9-29-17.)
 
24    (415 ILCS 5/55.6)  (from Ch. 111 1/2, par. 1055.6)
25    Sec. 55.6. Used Tire Management Fund.

 

 

10000HB3342sam003- 368 -LRB100 08528 JWD 41189 a

1    (a) There is hereby created in the State Treasury a special
2fund to be known as the Used Tire Management Fund. There shall
3be deposited into the Fund all monies received as (1) recovered
4costs or proceeds from the sale of used tires under Section
555.3 of this Act, (2) repayment of loans from the Used Tire
6Management Fund, or (3) penalties or punitive damages for
7violations of this Title, except as provided by subdivision
8(b)(4) or (b)(4-5) of Section 42.
9    (b) Beginning January 1, 1992, in addition to any other
10fees required by law, the owner or operator of each site
11required to be registered or permitted under subsection (d) or
12(d-5) of Section 55 shall pay to the Agency an annual fee of
13$100. Fees collected under this subsection shall be deposited
14into the Environmental Protection Permit and Inspection Fund.
15    (c) Pursuant to appropriation, monies up to an amount of $4
16million per fiscal year from the Used Tire Management Fund
17shall be allocated as follows:
18        (1) 38% shall be available to the Agency for the
19    following purposes, provided that priority shall be given
20    to item (i):
21            (i) To undertake preventive, corrective or removal
22        action as authorized by and in accordance with Section
23        55.3, and to recover costs in accordance with Section
24        55.3.
25            (ii) For the performance of inspection and
26        enforcement activities for used and waste tire sites.

 

 

10000HB3342sam003- 369 -LRB100 08528 JWD 41189 a

1            (iii) (Blank).
2            (iv) To provide financial assistance to units of
3        local government for the performance of inspecting,
4        investigating and enforcement activities pursuant to
5        subsection (r) of Section 4 at used and waste tire
6        sites.
7            (v) To provide financial assistance for used and
8        waste tire collection projects sponsored by local
9        government or not-for-profit corporations.
10            (vi) For the costs of fee collection and
11        administration relating to used and waste tires, and to
12        accomplish such other purposes as are authorized by
13        this Act and regulations thereunder.
14            (vii) To provide financial assistance to units of
15        local government and private industry for the purposes
16        of:
17                (A) assisting in the establishment of
18            facilities and programs to collect, process, and
19            utilize used and waste tires and tire-derived
20            materials;
21                (B) demonstrating the feasibility of
22            innovative technologies as a means of collecting,
23            storing, processing, and utilizing used and waste
24            tires and tire-derived materials; and
25                (C) applying demonstrated technologies as a
26            means of collecting, storing, processing, and

 

 

10000HB3342sam003- 370 -LRB100 08528 JWD 41189 a

1            utilizing used and waste tires and tire-derived
2            materials.
3        (2) For fiscal years beginning prior to July 1, 2004,
4    23% shall be available to the Department of Commerce and
5    Economic Opportunity for the following purposes, provided
6    that priority shall be given to item (A):
7            (A) To provide grants or loans for the purposes of:
8                (i) assisting units of local government and
9            private industry in the establishment of
10            facilities and programs to collect, process and
11            utilize used and waste tires and tire derived
12            materials;
13                (ii) demonstrating the feasibility of
14            innovative technologies as a means of collecting,
15            storing, processing and utilizing used and waste
16            tires and tire derived materials; and
17                (iii) applying demonstrated technologies as a
18            means of collecting, storing, processing, and
19            utilizing used and waste tires and tire derived
20            materials.
21            (B) To develop educational material for use by
22        officials and the public to better understand and
23        respond to the problems posed by used tires and
24        associated insects.
25            (C) (Blank).
26            (D) To perform such research as the Director deems

 

 

10000HB3342sam003- 371 -LRB100 08528 JWD 41189 a

1        appropriate to help meet the purposes of this Act.
2            (E) To pay the costs of administration of its
3        activities authorized under this Act.
4        (2.1) For the fiscal year beginning July 1, 2004 and
5    for all fiscal years thereafter, 23% shall be deposited
6    into the General Revenue Fund. For fiscal year 2019 only,
7    such transfers are at the direction of the Department of
8    Revenue, and shall be made within 30 days after the end of
9    each quarter.
10        (3) 25% shall be available to the Illinois Department
11    of Public Health for the following purposes:
12            (A) To investigate threats or potential threats to
13        the public health related to mosquitoes and other
14        vectors of disease associated with the improper
15        storage, handling and disposal of tires, improper
16        waste disposal, or natural conditions.
17            (B) To conduct surveillance and monitoring
18        activities for mosquitoes and other arthropod vectors
19        of disease, and surveillance of animals which provide a
20        reservoir for disease-producing organisms.
21            (C) To conduct training activities to promote
22        vector control programs and integrated pest management
23        as defined in the Vector Control Act.
24            (D) To respond to inquiries, investigate
25        complaints, conduct evaluations and provide technical
26        consultation to help reduce or eliminate public health

 

 

10000HB3342sam003- 372 -LRB100 08528 JWD 41189 a

1        hazards and nuisance conditions associated with
2        mosquitoes and other vectors.
3            (E) To provide financial assistance to units of
4        local government for training, investigation and
5        response to public nuisances associated with
6        mosquitoes and other vectors of disease.
7        (4) 2% shall be available to the Department of
8    Agriculture for its activities under the Illinois
9    Pesticide Act relating to used and waste tires.
10        (5) 2% shall be available to the Pollution Control
11    Board for administration of its activities relating to used
12    and waste tires.
13        (6) 10% shall be available to the University of
14    Illinois for the Prairie Research Institute to perform
15    research to study the biology, distribution, population
16    ecology, and biosystematics of tire-breeding arthropods,
17    especially mosquitoes, and the diseases they spread.
18    (d) By January 1, 1998, and biennially thereafter, each
19State agency receiving an appropriation from the Used Tire
20Management Fund shall report to the Governor and the General
21Assembly on its activities relating to the Fund.
22    (e) Any monies appropriated from the Used Tire Management
23Fund, but not obligated, shall revert to the Fund.
24    (f) In administering the provisions of subdivisions (1),
25(2) and (3) of subsection (c) of this Section, the Agency, the
26Department of Commerce and Economic Opportunity, and the

 

 

10000HB3342sam003- 373 -LRB100 08528 JWD 41189 a

1Illinois Department of Public Health shall ensure that
2appropriate funding assistance is provided to any municipality
3with a population over 1,000,000 or to any sanitary district
4which serves a population over 1,000,000.
5    (g) Pursuant to appropriation, monies in excess of $4
6million per fiscal year from the Used Tire Management Fund
7shall be used as follows:
8        (1) 55% shall be available to the Agency for the
9    following purposes, provided that priority shall be given
10    to subparagraph (A):
11            (A) To undertake preventive, corrective or renewed
12        action as authorized by and in accordance with Section
13        55.3 and to recover costs in accordance with Section
14        55.3.
15            (B) To provide financial assistance to units of
16        local government and private industry for the purposes
17        of:
18                (i) assisting in the establishment of
19            facilities and programs to collect, process, and
20            utilize used and waste tires and tire-derived
21            materials;
22                (ii) demonstrating the feasibility of
23            innovative technologies as a means of collecting,
24            storing, processing, and utilizing used and waste
25            tires and tire-derived materials; and
26                (iii) applying demonstrated technologies as a

 

 

10000HB3342sam003- 374 -LRB100 08528 JWD 41189 a

1            means of collecting, storing, processing, and
2            utilizing used and waste tires and tire-derived
3            materials.
4            (C) To provide grants to public universities for
5        vector-related research, disease-related research, and
6        for related laboratory-based equipment and field-based
7        equipment.
8        (2) For fiscal years beginning prior to July 1, 2004,
9    45% shall be available to the Department of Commerce and
10    Economic Opportunity to provide grants or loans for the
11    purposes of:
12            (i) assisting units of local government and
13        private industry in the establishment of facilities
14        and programs to collect, process and utilize waste
15        tires and tire derived material;
16            (ii) demonstrating the feasibility of innovative
17        technologies as a means of collecting, storing,
18        processing, and utilizing used and waste tires and tire
19        derived materials; and
20            (iii) applying demonstrated technologies as a
21        means of collecting, storing, processing, and
22        utilizing used and waste tires and tire derived
23        materials.
24        (3) For the fiscal year beginning July 1, 2004 and for
25    all fiscal years thereafter, 45% shall be deposited into
26    the General Revenue Fund. For fiscal year 2019 only, such

 

 

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1    transfers are at the direction of the Department of
2    Revenue, and shall be made within 30 days after the end of
3    each quarter.
4(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17;
5revised 10-2-17.)
 
6    (415 ILCS 5/57.11)
7    Sec. 57.11. Underground Storage Tank Fund; creation.
8    (a) There is hereby created in the State Treasury a special
9fund to be known as the Underground Storage Tank Fund. There
10shall be deposited into the Underground Storage Tank Fund all
11monies received by the Office of the State Fire Marshal as fees
12for underground storage tanks under Sections 4 and 5 of the
13Gasoline Storage Act, fees pursuant to the Motor Fuel Tax Law,
14and beginning July 1, 2013, payments pursuant to the Use Tax
15Act, the Service Use Tax Act, the Service Occupation Tax Act,
16and the Retailers' Occupation Tax Act. All amounts held in the
17Underground Storage Tank Fund shall be invested at interest by
18the State Treasurer. All income earned from the investments
19shall be deposited into the Underground Storage Tank Fund no
20less frequently than quarterly. In addition to any other
21transfers that may be provided for by law, beginning on July 1,
222018 and on the first day of each month thereafter during
23fiscal year 2019 only, the State Comptroller shall direct and
24the State Treasurer shall transfer an amount equal to 1/12 of
25$10,000,000 from the Underground Storage Tank Fund to the

 

 

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1General Revenue Fund. Moneys in the Underground Storage Tank
2Fund, pursuant to appropriation, may be used by the Agency and
3the Office of the State Fire Marshal for the following
4purposes:
5        (1) To take action authorized under Section 57.12 to
6    recover costs under Section 57.12.
7        (2) To assist in the reduction and mitigation of damage
8    caused by leaks from underground storage tanks, including
9    but not limited to, providing alternative water supplies to
10    persons whose drinking water has become contaminated as a
11    result of those leaks.
12        (3) To be used as a matching amount towards federal
13    assistance relative to the release of petroleum from
14    underground storage tanks.
15        (4) For the costs of administering activities of the
16    Agency and the Office of the State Fire Marshal relative to
17    the Underground Storage Tank Fund.
18        (5) For payment of costs of corrective action incurred
19    by and indemnification to operators of underground storage
20    tanks as provided in this Title.
21        (6) For a total of 2 demonstration projects in amounts
22    in excess of a $10,000 deductible charge designed to assess
23    the viability of corrective action projects at sites which
24    have experienced contamination from petroleum releases.
25    Such demonstration projects shall be conducted in
26    accordance with the provision of this Title.

 

 

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1        (7) Subject to appropriation, moneys in the
2    Underground Storage Tank Fund may also be used by the
3    Department of Revenue for the costs of administering its
4    activities relative to the Fund and for refunds provided
5    for in Section 13a.8 of the Motor Fuel Tax Act.
6    (b) Moneys in the Underground Storage Tank Fund may,
7pursuant to appropriation, be used by the Office of the State
8Fire Marshal or the Agency to take whatever emergency action is
9necessary or appropriate to assure that the public health or
10safety is not threatened whenever there is a release or
11substantial threat of a release of petroleum from an
12underground storage tank and for the costs of administering its
13activities relative to the Underground Storage Tank Fund.
14    (c) Beginning July 1, 1993, the Governor shall certify to
15the State Comptroller and State Treasurer the monthly amount
16necessary to pay debt service on State obligations issued
17pursuant to Section 6 of the General Obligation Bond Act. On
18the last day of each month, the Comptroller shall order
19transferred and the Treasurer shall transfer from the
20Underground Storage Tank Fund to the General Obligation Bond
21Retirement and Interest Fund the amount certified by the
22Governor, plus any cumulative deficiency in those transfers for
23prior months.
24    (d) Except as provided in subsection (c) of this Section,
25the Underground Storage Tank Fund is not subject to
26administrative charges authorized under Section 8h of the State

 

 

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1Finance Act that would in any way transfer any funds from the
2Underground Storage Tank Fund into any other fund of the State.
3    (e) Each fiscal year, subject to appropriation, the Agency
4may commit up to $10,000,000 of the moneys in the Underground
5Storage Tank Fund to the payment of corrective action costs for
6legacy sites that meet one or more of the following criteria as
7a result of the underground storage tank release: (i) the
8presence of free product, (ii) contamination within a regulated
9recharge area, a wellhead protection area, or the setback zone
10of a potable water supply well, (iii) contamination extending
11beyond the boundaries of the site where the release occurred,
12or (iv) such other criteria as may be adopted in Agency rules.
13        (1) Fund moneys committed under this subsection (e)
14    shall be held in the Fund for payment of the corrective
15    action costs for which the moneys were committed.
16        (2) The Agency may adopt rules governing the commitment
17    of Fund moneys under this subsection (e).
18        (3) This subsection (e) does not limit the use of Fund
19    moneys at legacy sites as otherwise provided under this
20    Title.
21        (4) For the purposes of this subsection (e), the term
22    "legacy site" means a site for which (i) an underground
23    storage tank release was reported prior to January 1, 2005,
24    (ii) the owner or operator has been determined eligible to
25    receive payment from the Fund for corrective action costs,
26    and (iii) the Agency did not receive any applications for

 

 

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1    payment prior to January 1, 2010.
2    (f) Beginning July 1, 2013, if the amounts deposited into
3the Fund from moneys received by the Office of the State Fire
4Marshal as fees for underground storage tanks under Sections 4
5and 5 of the Gasoline Storage Act and as fees pursuant to the
6Motor Fuel Tax Law during a State fiscal year are sufficient to
7pay all claims for payment by the fund received during that
8State fiscal year, then the amount of any payments into the
9fund pursuant to the Use Tax Act, the Service Use Tax Act, the
10Service Occupation Tax Act, and the Retailers' Occupation Tax
11Act during that State fiscal year shall be deposited as
12follows: 75% thereof shall be paid into the State treasury and
1325% shall be reserved in a special account and used only for
14the transfer to the Common School Fund as part of the monthly
15transfer from the General Revenue Fund in accordance with
16Section 8a of the State Finance Act.
17(Source: P.A. 98-109, eff. 7-25-13.)
 
18
ARTICLE 55. RETIREMENT CONTRIBUTIONS

 
19    Section 55-5. The State Finance Act is amended by changing
20Sections 8.12 and 14.1 as follows:
 
21    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
22    Sec. 8.12. State Pensions Fund.
23    (a) The moneys in the State Pensions Fund shall be used

 

 

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1exclusively for the administration of the Revised Uniform
2Unclaimed Property Act and for the expenses incurred by the
3Auditor General for administering the provisions of Section
42-8.1 of the Illinois State Auditing Act and for operational
5expenses of the Office of the State Treasurer and for the
6funding of the unfunded liabilities of the designated
7retirement systems. Beginning in State fiscal year 2020 2019,
8payments to the designated retirement systems under this
9Section shall be in addition to, and not in lieu of, any State
10contributions required under the Illinois Pension Code.
11    "Designated retirement systems" means:
12        (1) the State Employees' Retirement System of
13    Illinois;
14        (2) the Teachers' Retirement System of the State of
15    Illinois;
16        (3) the State Universities Retirement System;
17        (4) the Judges Retirement System of Illinois; and
18        (5) the General Assembly Retirement System.
19    (b) Each year the General Assembly may make appropriations
20from the State Pensions Fund for the administration of the
21Revised Uniform Unclaimed Property Act.
22    (c) As soon as possible after July 30, 2004 (the effective
23date of Public Act 93-839) this amendatory Act of the 93rd
24General Assembly, the General Assembly shall appropriate from
25the State Pensions Fund (1) to the State Universities
26Retirement System the amount certified under Section 15-165

 

 

10000HB3342sam003- 381 -LRB100 08528 JWD 41189 a

1during the prior year, (2) to the Judges Retirement System of
2Illinois the amount certified under Section 18-140 during the
3prior year, and (3) to the General Assembly Retirement System
4the amount certified under Section 2-134 during the prior year
5as part of the required State contributions to each of those
6designated retirement systems; except that amounts
7appropriated under this subsection (c) in State fiscal year
82005 shall not reduce the amount in the State Pensions Fund
9below $5,000,000. If the amount in the State Pensions Fund does
10not exceed the sum of the amounts certified in Sections 15-165,
1118-140, and 2-134 by at least $5,000,000, the amount paid to
12each designated retirement system under this subsection shall
13be reduced in proportion to the amount certified by each of
14those designated retirement systems.
15    (c-5) For fiscal years 2006 through 2019 2018, the General
16Assembly shall appropriate from the State Pensions Fund to the
17State Universities Retirement System the amount estimated to be
18available during the fiscal year in the State Pensions Fund;
19provided, however, that the amounts appropriated under this
20subsection (c-5) shall not reduce the amount in the State
21Pensions Fund below $5,000,000.
22    (c-6) For fiscal year 2020 2019 and each fiscal year
23thereafter, as soon as may be practical after any money is
24deposited into the State Pensions Fund from the Unclaimed
25Property Trust Fund, the State Treasurer shall apportion the
26deposited amount among the designated retirement systems as

 

 

10000HB3342sam003- 382 -LRB100 08528 JWD 41189 a

1defined in subsection (a) to reduce their actuarial reserve
2deficiencies. The State Comptroller and State Treasurer shall
3pay the apportioned amounts to the designated retirement
4systems to fund the unfunded liabilities of the designated
5retirement systems. The amount apportioned to each designated
6retirement system shall constitute a portion of the amount
7estimated to be available for appropriation from the State
8Pensions Fund that is the same as that retirement system's
9portion of the total actual reserve deficiency of the systems,
10as determined annually by the Governor's Office of Management
11and Budget at the request of the State Treasurer. The amounts
12apportioned under this subsection shall not reduce the amount
13in the State Pensions Fund below $5,000,000.
14    (d) The Governor's Office of Management and Budget shall
15determine the individual and total reserve deficiencies of the
16designated retirement systems. For this purpose, the
17Governor's Office of Management and Budget shall utilize the
18latest available audit and actuarial reports of each of the
19retirement systems and the relevant reports and statistics of
20the Public Employee Pension Fund Division of the Department of
21Insurance.
22    (d-1) As soon as practicable after March 5, 2004 (the
23effective date of Public Act 93-665) this amendatory Act of the
2493rd General Assembly, the Comptroller shall direct and the
25Treasurer shall transfer from the State Pensions Fund to the
26General Revenue Fund, as funds become available, a sum equal to

 

 

10000HB3342sam003- 383 -LRB100 08528 JWD 41189 a

1the amounts that would have been paid from the State Pensions
2Fund to the Teachers' Retirement System of the State of
3Illinois, the State Universities Retirement System, the Judges
4Retirement System of Illinois, the General Assembly Retirement
5System, and the State Employees' Retirement System of Illinois
6after March 5, 2004 (the effective date of Public Act 93-665)
7this amendatory Act during the remainder of fiscal year 2004 to
8the designated retirement systems from the appropriations
9provided for in this Section if the transfers provided in
10Section 6z-61 had not occurred. The transfers described in this
11subsection (d-1) are to partially repay the General Revenue
12Fund for the costs associated with the bonds used to fund the
13moneys transferred to the designated retirement systems under
14Section 6z-61.
15    (e) The changes to this Section made by Public Act 88-593
16this amendatory Act of 1994 shall first apply to distributions
17from the Fund for State fiscal year 1996.
18(Source: P.A. 99-8, eff. 7-9-15; 99-78, eff. 7-20-15; 99-523,
19eff. 6-30-16; 100-22, eff. 1-1-18; 100-23, eff. 7-6-17; revised
208-8-17.)
 
21    (30 ILCS 105/14.1)   (from Ch. 127, par. 150.1)
22    Sec. 14.1. Appropriations for State contributions to the
23State Employees' Retirement System; payroll requirements.
24    (a) Appropriations for State contributions to the State
25Employees' Retirement System of Illinois shall be expended in

 

 

10000HB3342sam003- 384 -LRB100 08528 JWD 41189 a

1the manner provided in this Section. Except as otherwise
2provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
3time of each payment of salary to an employee under the
4personal services line item, payment shall be made to the State
5Employees' Retirement System, from the amount appropriated for
6State contributions to the State Employees' Retirement System,
7of an amount calculated at the rate certified for the
8applicable fiscal year by the Board of Trustees of the State
9Employees' Retirement System under Section 14-135.08 of the
10Illinois Pension Code. If a line item appropriation to an
11employer for this purpose is exhausted or is unavailable due to
12any limitation on appropriations that may apply, (including,
13but not limited to, limitations on appropriations from the Road
14Fund under Section 8.3 of the State Finance Act), the amounts
15shall be paid under the continuing appropriation for this
16purpose contained in the State Pension Funds Continuing
17Appropriation Act.
18    (a-1) Beginning on March 5, 2004 (the effective date of
19Public Act 93-665) this amendatory Act of the 93rd General
20Assembly through the payment of the final payroll from fiscal
21year 2004 appropriations, appropriations for State
22contributions to the State Employees' Retirement System of
23Illinois shall be expended in the manner provided in this
24subsection (a-1). At the time of each payment of salary to an
25employee under the personal services line item from a fund
26other than the General Revenue Fund, payment shall be made for

 

 

10000HB3342sam003- 385 -LRB100 08528 JWD 41189 a

1deposit into the General Revenue Fund from the amount
2appropriated for State contributions to the State Employees'
3Retirement System of an amount calculated at the rate certified
4for fiscal year 2004 by the Board of Trustees of the State
5Employees' Retirement System under Section 14-135.08 of the
6Illinois Pension Code. This payment shall be made to the extent
7that a line item appropriation to an employer for this purpose
8is available or unexhausted. No payment from appropriations for
9State contributions shall be made in conjunction with payment
10of salary to an employee under the personal services line item
11from the General Revenue Fund.
12    (a-2) For fiscal year 2010 only, at the time of each
13payment of salary to an employee under the personal services
14line item from a fund other than the General Revenue Fund,
15payment shall be made for deposit into the State Employees'
16Retirement System of Illinois from the amount appropriated for
17State contributions to the State Employees' Retirement System
18of Illinois of an amount calculated at the rate certified for
19fiscal year 2010 by the Board of Trustees of the State
20Employees' Retirement System of Illinois under Section
2114-135.08 of the Illinois Pension Code. This payment shall be
22made to the extent that a line item appropriation to an
23employer for this purpose is available or unexhausted. For
24fiscal year 2010 only, no payment from appropriations for State
25contributions shall be made in conjunction with payment of
26salary to an employee under the personal services line item

 

 

10000HB3342sam003- 386 -LRB100 08528 JWD 41189 a

1from the General Revenue Fund.
2    (a-3) For fiscal year 2011 only, at the time of each
3payment of salary to an employee under the personal services
4line item from a fund other than the General Revenue Fund,
5payment shall be made for deposit into the State Employees'
6Retirement System of Illinois from the amount appropriated for
7State contributions to the State Employees' Retirement System
8of Illinois of an amount calculated at the rate certified for
9fiscal year 2011 by the Board of Trustees of the State
10Employees' Retirement System of Illinois under Section
1114-135.08 of the Illinois Pension Code. This payment shall be
12made to the extent that a line item appropriation to an
13employer for this purpose is available or unexhausted. For
14fiscal year 2011 only, no payment from appropriations for State
15contributions shall be made in conjunction with payment of
16salary to an employee under the personal services line item
17from the General Revenue Fund.
18    (a-4) In fiscal years 2012 through 2019 2018 only, at the
19time of each payment of salary to an employee under the
20personal services line item from a fund other than the General
21Revenue Fund, payment shall be made for deposit into the State
22Employees' Retirement System of Illinois from the amount
23appropriated for State contributions to the State Employees'
24Retirement System of Illinois of an amount calculated at the
25rate certified for the applicable fiscal year by the Board of
26Trustees of the State Employees' Retirement System of Illinois

 

 

10000HB3342sam003- 387 -LRB100 08528 JWD 41189 a

1under Section 14-135.08 of the Illinois Pension Code. In fiscal
2years 2012 through 2019 2018 only, no payment from
3appropriations for State contributions shall be made in
4conjunction with payment of salary to an employee under the
5personal services line item from the General Revenue Fund.
6    (b) Except during the period beginning on March 5, 2004
7(the effective date of Public Act 93-665) this amendatory Act
8of the 93rd General Assembly and ending at the time of the
9payment of the final payroll from fiscal year 2004
10appropriations, the State Comptroller shall not approve for
11payment any payroll voucher that (1) includes payments of
12salary to eligible employees in the State Employees' Retirement
13System of Illinois and (2) does not include the corresponding
14payment of State contributions to that retirement system at the
15full rate certified under Section 14-135.08 for that fiscal
16year for eligible employees, unless the balance in the fund on
17which the payroll voucher is drawn is insufficient to pay the
18total payroll voucher, or unavailable due to any limitation on
19appropriations that may apply, including, but not limited to,
20limitations on appropriations from the Road Fund under Section
218.3 of the State Finance Act. If the State Comptroller approves
22a payroll voucher under this Section for which the fund balance
23is insufficient to pay the full amount of the required State
24contribution to the State Employees' Retirement System, the
25Comptroller shall promptly so notify the Retirement System.
26    (b-1) For fiscal year 2010 and fiscal year 2011 only, the

 

 

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1State Comptroller shall not approve for payment any non-General
2Revenue Fund payroll voucher that (1) includes payments of
3salary to eligible employees in the State Employees' Retirement
4System of Illinois and (2) does not include the corresponding
5payment of State contributions to that retirement system at the
6full rate certified under Section 14-135.08 for that fiscal
7year for eligible employees, unless the balance in the fund on
8which the payroll voucher is drawn is insufficient to pay the
9total payroll voucher, or unavailable due to any limitation on
10appropriations that may apply, including, but not limited to,
11limitations on appropriations from the Road Fund under Section
128.3 of the State Finance Act. If the State Comptroller approves
13a payroll voucher under this Section for which the fund balance
14is insufficient to pay the full amount of the required State
15contribution to the State Employees' Retirement System of
16Illinois, the Comptroller shall promptly so notify the
17retirement system.
18    (c) Notwithstanding any other provisions of law, beginning
19July 1, 2007, required State and employee contributions to the
20State Employees' Retirement System of Illinois relating to
21affected legislative staff employees shall be paid out of
22moneys appropriated for that purpose to the Commission on
23Government Forecasting and Accountability, rather than out of
24the lump-sum appropriations otherwise made for the payroll and
25other costs of those employees.
26    These payments must be made pursuant to payroll vouchers

 

 

10000HB3342sam003- 389 -LRB100 08528 JWD 41189 a

1submitted by the employing entity as part of the regular
2payroll voucher process.
3    For the purpose of this subsection, "affected legislative
4staff employees" means legislative staff employees paid out of
5lump-sum appropriations made to the General Assembly, an
6Officer of the General Assembly, or the Senate Operations
7Commission, but does not include district-office staff or
8employees of legislative support services agencies.
9(Source: P.A. 99-8, eff. 7-9-15; 99-523, eff. 6-30-16; 100-23,
10eff. 7-6-17.)
 
11    Section 55-10. The Illinois Pension Code is amended by
12changing Section 14-131 as follows:
 
13    (40 ILCS 5/14-131)
14    Sec. 14-131. Contributions by State.
15    (a) The State shall make contributions to the System by
16appropriations of amounts which, together with other employer
17contributions from trust, federal, and other funds, employee
18contributions, investment income, and other income, will be
19sufficient to meet the cost of maintaining and administering
20the System on a 90% funded basis in accordance with actuarial
21recommendations.
22    For the purposes of this Section and Section 14-135.08,
23references to State contributions refer only to employer
24contributions and do not include employee contributions that

 

 

10000HB3342sam003- 390 -LRB100 08528 JWD 41189 a

1are picked up or otherwise paid by the State or a department on
2behalf of the employee.
3    (b) The Board shall determine the total amount of State
4contributions required for each fiscal year on the basis of the
5actuarial tables and other assumptions adopted by the Board,
6using the formula in subsection (e).
7    The Board shall also determine a State contribution rate
8for each fiscal year, expressed as a percentage of payroll,
9based on the total required State contribution for that fiscal
10year (less the amount received by the System from
11appropriations under Section 8.12 of the State Finance Act and
12Section 1 of the State Pension Funds Continuing Appropriation
13Act, if any, for the fiscal year ending on the June 30
14immediately preceding the applicable November 15 certification
15deadline), the estimated payroll (including all forms of
16compensation) for personal services rendered by eligible
17employees, and the recommendations of the actuary.
18    For the purposes of this Section and Section 14.1 of the
19State Finance Act, the term "eligible employees" includes
20employees who participate in the System, persons who may elect
21to participate in the System but have not so elected, persons
22who are serving a qualifying period that is required for
23participation, and annuitants employed by a department as
24described in subdivision (a)(1) or (a)(2) of Section 14-111.
25    (c) Contributions shall be made by the several departments
26for each pay period by warrants drawn by the State Comptroller

 

 

10000HB3342sam003- 391 -LRB100 08528 JWD 41189 a

1against their respective funds or appropriations based upon
2vouchers stating the amount to be so contributed. These amounts
3shall be based on the full rate certified by the Board under
4Section 14-135.08 for that fiscal year. From March 5, 2004 (the
5effective date of Public Act 93-665) this amendatory Act of the
693rd General Assembly through the payment of the final payroll
7from fiscal year 2004 appropriations, the several departments
8shall not make contributions for the remainder of fiscal year
92004 but shall instead make payments as required under
10subsection (a-1) of Section 14.1 of the State Finance Act. The
11several departments shall resume those contributions at the
12commencement of fiscal year 2005.
13    (c-1) Notwithstanding subsection (c) of this Section, for
14fiscal years 2010, 2012, 2013, 2014, 2015, 2016, 2017, and
152018, and 2019 only, contributions by the several departments
16are not required to be made for General Revenue Funds payrolls
17processed by the Comptroller. Payrolls paid by the several
18departments from all other State funds must continue to be
19processed pursuant to subsection (c) of this Section.
20    (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
212016, 2017, and 2018, and 2019 only, on or as soon as possible
22after the 15th day of each month, the Board shall submit
23vouchers for payment of State contributions to the System, in a
24total monthly amount of one-twelfth of the fiscal year General
25Revenue Fund contribution as certified by the System pursuant
26to Section 14-135.08 of the Illinois Pension Code.

 

 

10000HB3342sam003- 392 -LRB100 08528 JWD 41189 a

1    (d) If an employee is paid from trust funds or federal
2funds, the department or other employer shall pay employer
3contributions from those funds to the System at the certified
4rate, unless the terms of the trust or the federal-State
5agreement preclude the use of the funds for that purpose, in
6which case the required employer contributions shall be paid by
7the State. From March 5, 2004 (the effective date of Public Act
893-665) this amendatory Act of the 93rd General Assembly
9through the payment of the final payroll from fiscal year 2004
10appropriations, the department or other employer shall not pay
11contributions for the remainder of fiscal year 2004 but shall
12instead make payments as required under subsection (a-1) of
13Section 14.1 of the State Finance Act. The department or other
14employer shall resume payment of contributions at the
15commencement of fiscal year 2005.
16    (e) For State fiscal years 2012 through 2045, the minimum
17contribution to the System to be made by the State for each
18fiscal year shall be an amount determined by the System to be
19sufficient to bring the total assets of the System up to 90% of
20the total actuarial liabilities of the System by the end of
21State fiscal year 2045. In making these determinations, the
22required State contribution shall be calculated each year as a
23level percentage of payroll over the years remaining to and
24including fiscal year 2045 and shall be determined under the
25projected unit credit actuarial cost method.
26    A change in an actuarial or investment assumption that

 

 

10000HB3342sam003- 393 -LRB100 08528 JWD 41189 a

1increases or decreases the required State contribution and
2first applies in State fiscal year 2018 or thereafter shall be
3implemented in equal annual amounts over a 5-year period
4beginning in the State fiscal year in which the actuarial
5change first applies to the required State contribution.
6    A change in an actuarial or investment assumption that
7increases or decreases the required State contribution and
8first applied to the State contribution in fiscal year 2014,
92015, 2016, or 2017 shall be implemented:
10        (i) as already applied in State fiscal years before
11    2018; and
12        (ii) in the portion of the 5-year period beginning in
13    the State fiscal year in which the actuarial change first
14    applied that occurs in State fiscal year 2018 or
15    thereafter, by calculating the change in equal annual
16    amounts over that 5-year period and then implementing it at
17    the resulting annual rate in each of the remaining fiscal
18    years in that 5-year period.
19    For State fiscal years 1996 through 2005, the State
20contribution to the System, as a percentage of the applicable
21employee payroll, shall be increased in equal annual increments
22so that by State fiscal year 2011, the State is contributing at
23the rate required under this Section; except that (i) for State
24fiscal year 1998, for all purposes of this Code and any other
25law of this State, the certified percentage of the applicable
26employee payroll shall be 5.052% for employees earning eligible

 

 

10000HB3342sam003- 394 -LRB100 08528 JWD 41189 a

1creditable service under Section 14-110 and 6.500% for all
2other employees, notwithstanding any contrary certification
3made under Section 14-135.08 before July 7, 1997 (the effective
4date of Public Act 90-65) this amendatory Act of 1997, and (ii)
5in the following specified State fiscal years, the State
6contribution to the System shall not be less than the following
7indicated percentages of the applicable employee payroll, even
8if the indicated percentage will produce a State contribution
9in excess of the amount otherwise required under this
10subsection and subsection (a): 9.8% in FY 1999; 10.0% in FY
112000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003; and
1210.8% in FY 2004.
13    Notwithstanding any other provision of this Article, the
14total required State contribution to the System for State
15fiscal year 2006 is $203,783,900.
16    Notwithstanding any other provision of this Article, the
17total required State contribution to the System for State
18fiscal year 2007 is $344,164,400.
19    For each of State fiscal years 2008 through 2009, the State
20contribution to the System, as a percentage of the applicable
21employee payroll, shall be increased in equal annual increments
22from the required State contribution for State fiscal year
232007, so that by State fiscal year 2011, the State is
24contributing at the rate otherwise required under this Section.
25    Notwithstanding any other provision of this Article, the
26total required State General Revenue Fund contribution for

 

 

10000HB3342sam003- 395 -LRB100 08528 JWD 41189 a

1State fiscal year 2010 is $723,703,100 and shall be made from
2the proceeds of bonds sold in fiscal year 2010 pursuant to
3Section 7.2 of the General Obligation Bond Act, less (i) the
4pro rata share of bond sale expenses determined by the System's
5share of total bond proceeds, (ii) any amounts received from
6the General Revenue Fund in fiscal year 2010, and (iii) any
7reduction in bond proceeds due to the issuance of discounted
8bonds, if applicable.
9    Notwithstanding any other provision of this Article, the
10total required State General Revenue Fund contribution for
11State fiscal year 2011 is the amount recertified by the System
12on or before April 1, 2011 pursuant to Section 14-135.08 and
13shall be made from the proceeds of bonds sold in fiscal year
142011 pursuant to Section 7.2 of the General Obligation Bond
15Act, less (i) the pro rata share of bond sale expenses
16determined by the System's share of total bond proceeds, (ii)
17any amounts received from the General Revenue Fund in fiscal
18year 2011, and (iii) any reduction in bond proceeds due to the
19issuance of discounted bonds, if applicable.
20    Beginning in State fiscal year 2046, the minimum State
21contribution for each fiscal year shall be the amount needed to
22maintain the total assets of the System at 90% of the total
23actuarial liabilities of the System.
24    Amounts received by the System pursuant to Section 25 of
25the Budget Stabilization Act or Section 8.12 of the State
26Finance Act in any fiscal year do not reduce and do not

 

 

10000HB3342sam003- 396 -LRB100 08528 JWD 41189 a

1constitute payment of any portion of the minimum State
2contribution required under this Article in that fiscal year.
3Such amounts shall not reduce, and shall not be included in the
4calculation of, the required State contributions under this
5Article in any future year until the System has reached a
6funding ratio of at least 90%. A reference in this Article to
7the "required State contribution" or any substantially similar
8term does not include or apply to any amounts payable to the
9System under Section 25 of the Budget Stabilization Act.
10    Notwithstanding any other provision of this Section, the
11required State contribution for State fiscal year 2005 and for
12fiscal year 2008 and each fiscal year thereafter, as calculated
13under this Section and certified under Section 14-135.08, shall
14not exceed an amount equal to (i) the amount of the required
15State contribution that would have been calculated under this
16Section for that fiscal year if the System had not received any
17payments under subsection (d) of Section 7.2 of the General
18Obligation Bond Act, minus (ii) the portion of the State's
19total debt service payments for that fiscal year on the bonds
20issued in fiscal year 2003 for the purposes of that Section
217.2, as determined and certified by the Comptroller, that is
22the same as the System's portion of the total moneys
23distributed under subsection (d) of Section 7.2 of the General
24Obligation Bond Act. In determining this maximum for State
25fiscal years 2008 through 2010, however, the amount referred to
26in item (i) shall be increased, as a percentage of the

 

 

10000HB3342sam003- 397 -LRB100 08528 JWD 41189 a

1applicable employee payroll, in equal increments calculated
2from the sum of the required State contribution for State
3fiscal year 2007 plus the applicable portion of the State's
4total debt service payments for fiscal year 2007 on the bonds
5issued in fiscal year 2003 for the purposes of Section 7.2 of
6the General Obligation Bond Act, so that, by State fiscal year
72011, the State is contributing at the rate otherwise required
8under this Section.
9    (f) After the submission of all payments for eligible
10employees from personal services line items in fiscal year 2004
11have been made, the Comptroller shall provide to the System a
12certification of the sum of all fiscal year 2004 expenditures
13for personal services that would have been covered by payments
14to the System under this Section if the provisions of Public
15Act 93-665 this amendatory Act of the 93rd General Assembly had
16not been enacted. Upon receipt of the certification, the System
17shall determine the amount due to the System based on the full
18rate certified by the Board under Section 14-135.08 for fiscal
19year 2004 in order to meet the State's obligation under this
20Section. The System shall compare this amount due to the amount
21received by the System in fiscal year 2004 through payments
22under this Section and under Section 6z-61 of the State Finance
23Act. If the amount due is more than the amount received, the
24difference shall be termed the "Fiscal Year 2004 Shortfall" for
25purposes of this Section, and the Fiscal Year 2004 Shortfall
26shall be satisfied under Section 1.2 of the State Pension Funds

 

 

10000HB3342sam003- 398 -LRB100 08528 JWD 41189 a

1Continuing Appropriation Act. If the amount due is less than
2the amount received, the difference shall be termed the "Fiscal
3Year 2004 Overpayment" for purposes of this Section, and the
4Fiscal Year 2004 Overpayment shall be repaid by the System to
5the Pension Contribution Fund as soon as practicable after the
6certification.
7    (g) For purposes of determining the required State
8contribution to the System, the value of the System's assets
9shall be equal to the actuarial value of the System's assets,
10which shall be calculated as follows:
11    As of June 30, 2008, the actuarial value of the System's
12assets shall be equal to the market value of the assets as of
13that date. In determining the actuarial value of the System's
14assets for fiscal years after June 30, 2008, any actuarial
15gains or losses from investment return incurred in a fiscal
16year shall be recognized in equal annual amounts over the
175-year period following that fiscal year.
18    (h) For purposes of determining the required State
19contribution to the System for a particular year, the actuarial
20value of assets shall be assumed to earn a rate of return equal
21to the System's actuarially assumed rate of return.
22    (i) After the submission of all payments for eligible
23employees from personal services line items paid from the
24General Revenue Fund in fiscal year 2010 have been made, the
25Comptroller shall provide to the System a certification of the
26sum of all fiscal year 2010 expenditures for personal services

 

 

10000HB3342sam003- 399 -LRB100 08528 JWD 41189 a

1that would have been covered by payments to the System under
2this Section if the provisions of Public Act 96-45 this
3amendatory Act of the 96th General Assembly had not been
4enacted. Upon receipt of the certification, the System shall
5determine the amount due to the System based on the full rate
6certified by the Board under Section 14-135.08 for fiscal year
72010 in order to meet the State's obligation under this
8Section. The System shall compare this amount due to the amount
9received by the System in fiscal year 2010 through payments
10under this Section. If the amount due is more than the amount
11received, the difference shall be termed the "Fiscal Year 2010
12Shortfall" for purposes of this Section, and the Fiscal Year
132010 Shortfall shall be satisfied under Section 1.2 of the
14State Pension Funds Continuing Appropriation Act. If the amount
15due is less than the amount received, the difference shall be
16termed the "Fiscal Year 2010 Overpayment" for purposes of this
17Section, and the Fiscal Year 2010 Overpayment shall be repaid
18by the System to the General Revenue Fund as soon as
19practicable after the certification.
20    (j) After the submission of all payments for eligible
21employees from personal services line items paid from the
22General Revenue Fund in fiscal year 2011 have been made, the
23Comptroller shall provide to the System a certification of the
24sum of all fiscal year 2011 expenditures for personal services
25that would have been covered by payments to the System under
26this Section if the provisions of Public Act 96-1497 this

 

 

10000HB3342sam003- 400 -LRB100 08528 JWD 41189 a

1amendatory Act of the 96th General Assembly had not been
2enacted. Upon receipt of the certification, the System shall
3determine the amount due to the System based on the full rate
4certified by the Board under Section 14-135.08 for fiscal year
52011 in order to meet the State's obligation under this
6Section. The System shall compare this amount due to the amount
7received by the System in fiscal year 2011 through payments
8under this Section. If the amount due is more than the amount
9received, the difference shall be termed the "Fiscal Year 2011
10Shortfall" for purposes of this Section, and the Fiscal Year
112011 Shortfall shall be satisfied under Section 1.2 of the
12State Pension Funds Continuing Appropriation Act. If the amount
13due is less than the amount received, the difference shall be
14termed the "Fiscal Year 2011 Overpayment" for purposes of this
15Section, and the Fiscal Year 2011 Overpayment shall be repaid
16by the System to the General Revenue Fund as soon as
17practicable after the certification.
18    (k) For fiscal years 2012 through 2019 2018 only, after the
19submission of all payments for eligible employees from personal
20services line items paid from the General Revenue Fund in the
21fiscal year have been made, the Comptroller shall provide to
22the System a certification of the sum of all expenditures in
23the fiscal year for personal services. Upon receipt of the
24certification, the System shall determine the amount due to the
25System based on the full rate certified by the Board under
26Section 14-135.08 for the fiscal year in order to meet the

 

 

10000HB3342sam003- 401 -LRB100 08528 JWD 41189 a

1State's obligation under this Section. The System shall compare
2this amount due to the amount received by the System for the
3fiscal year. If the amount due is more than the amount
4received, the difference shall be termed the "Prior Fiscal Year
5Shortfall" for purposes of this Section, and the Prior Fiscal
6Year Shortfall shall be satisfied under Section 1.2 of the
7State Pension Funds Continuing Appropriation Act. If the amount
8due is less than the amount received, the difference shall be
9termed the "Prior Fiscal Year Overpayment" for purposes of this
10Section, and the Prior Fiscal Year Overpayment shall be repaid
11by the System to the General Revenue Fund as soon as
12practicable after the certification.
13(Source: P.A. 99-8, eff. 7-9-15; 99-523, eff. 6-30-16; 100-23,
14eff. 7-6-17.)
 
15    Section 55-20. The Revised Uniform Unclaimed Property Act
16is amended by changing Section 15-801 as follows:
 
17    (765 ILCS 1026/15-801)
18    Sec. 15-801. Deposit of funds by administrator.
19    (a) Except as otherwise provided in this Section, the
20administrator shall deposit in the Unclaimed Property Trust
21Fund all funds received under this Act, including proceeds from
22the sale of property under Article 7. The administrator may
23deposit any amount in the Unclaimed Property Trust Fund into
24the State Pensions Fund during the fiscal year at his or her

 

 

10000HB3342sam003- 402 -LRB100 08528 JWD 41189 a

1discretion; however, he or she shall, on April 15 and October
215 of each year, deposit any amount in the Unclaimed Property
3Trust Fund exceeding $2,500,000 into the State Pensions Fund.
4If on either April 15 or October 15, the administrator
5determines that a balance of $2,500,000 is insufficient for the
6prompt payment of unclaimed property claims authorized under
7this Act, the administrator may retain more than $2,500,000 in
8the Unclaimed Property Trust Fund in order to ensure the prompt
9payment of claims. Beginning in State fiscal year 2020 2018,
10all amounts that are deposited into the State Pensions Fund
11from the Unclaimed Property Trust Fund shall be apportioned to
12the designated retirement systems as provided in subsection
13(c-6) of Section 8.12 of the State Finance Act to reduce their
14actuarial reserve deficiencies.
15    (b) The administrator shall make prompt payment of claims
16he or she duly allows as provided for in this Act from the
17Unclaimed Property Trust Fund. This shall constitute an
18irrevocable and continuing appropriation of all amounts in the
19Unclaimed Property Trust Fund necessary to make prompt payment
20of claims duly allowed by the administrator pursuant to this
21Act.
22(Source: P.A. 100-22, eff. 1-1-18.)
 
23
ARTICLE 60. REFUNDING BONDS

 
24    Section 60-5. The General Obligation Bond Act is amended by

 

 

10000HB3342sam003- 403 -LRB100 08528 JWD 41189 a

1changing Sections 9, 11, and 16 as follows:
 
2    (30 ILCS 330/9)  (from Ch. 127, par. 659)
3    Sec. 9. Conditions for issuance and sale of Bonds;
4requirements Issuance and Sale of Bonds - Requirements for
5Bonds.
6    (a) Except as otherwise provided in this subsection and
7subsection (h), Bonds shall be issued and sold from time to
8time, in one or more series, in such amounts and at such prices
9as may be directed by the Governor, upon recommendation by the
10Director of the Governor's Office of Management and Budget.
11Bonds shall be in such form (either coupon, registered or book
12entry), in such denominations, payable within 25 years from
13their date, subject to such terms of redemption with or without
14premium, bear interest payable at such times and at such fixed
15or variable rate or rates, and be dated as shall be fixed and
16determined by the Director of the Governor's Office of
17Management and Budget in the order authorizing the issuance and
18sale of any series of Bonds, which order shall be approved by
19the Governor and is herein called a "Bond Sale Order"; provided
20however, that interest payable at fixed or variable rates shall
21not exceed that permitted in the Bond Authorization Act, as now
22or hereafter amended. Bonds shall be payable at such place or
23places, within or without the State of Illinois, and may be
24made registrable as to either principal or as to both principal
25and interest, as shall be specified in the Bond Sale Order.

 

 

10000HB3342sam003- 404 -LRB100 08528 JWD 41189 a

1Bonds may be callable or subject to purchase and retirement or
2tender and remarketing as fixed and determined in the Bond Sale
3Order. Bonds, other than Bonds issued under Section 3 of this
4Act for the costs associated with the purchase and
5implementation of information technology, (i) except for
6refunding Bonds satisfying the requirements of Section 16 of
7this Act and sold during fiscal year 2009, 2010, 2011, 2017, or
82018, or 2019 must be issued with principal or mandatory
9redemption amounts in equal amounts, with the first maturity
10issued occurring within the fiscal year in which the Bonds are
11issued or within the next succeeding fiscal year and (ii) must
12mature or be subject to mandatory redemption each fiscal year
13thereafter up to 25 years, except for refunding Bonds
14satisfying the requirements of Section 16 of this Act and sold
15during fiscal year 2009, 2010, or 2011 which must mature or be
16subject to mandatory redemption each fiscal year thereafter up
17to 16 years. Bonds issued under Section 3 of this Act for the
18costs associated with the purchase and implementation of
19information technology must be issued with principal or
20mandatory redemption amounts in equal amounts, with the first
21maturity issued occurring with the fiscal year in which the
22respective bonds are issued or with the next succeeding fiscal
23year, with the respective bonds issued maturing or subject to
24mandatory redemption each fiscal year thereafter up to 10
25years. Notwithstanding any provision of this Act to the
26contrary, the Bonds authorized by Public Act 96-43 shall be

 

 

10000HB3342sam003- 405 -LRB100 08528 JWD 41189 a

1payable within 5 years from their date and must be issued with
2principal or mandatory redemption amounts in equal amounts,
3with payment of principal or mandatory redemption beginning in
4the first fiscal year following the fiscal year in which the
5Bonds are issued.
6    Notwithstanding any provision of this Act to the contrary,
7the Bonds authorized by Public Act 96-1497 shall be payable
8within 8 years from their date and shall be issued with payment
9of maturing principal or scheduled mandatory redemptions in
10accordance with the following schedule, except the following
11amounts shall be prorated if less than the total additional
12amount of Bonds authorized by Public Act 96-1497 are issued:
13    Fiscal Year After Issuance    Amount
14        1-2                        $0 
15        3                          $110,712,120
16        4                          $332,136,360
17        5                          $664,272,720
18        6-8                        $996,409,080
19    Notwithstanding any provision of this Act to the contrary,
20Income Tax Proceed Bonds issued under Section 7.6 shall be
21payable 12 years from the date of sale and shall be issued with
22payment of principal or mandatory redemption.
23    In the case of any series of Bonds bearing interest at a
24variable interest rate ("Variable Rate Bonds"), in lieu of
25determining the rate or rates at which such series of Variable
26Rate Bonds shall bear interest and the price or prices at which

 

 

10000HB3342sam003- 406 -LRB100 08528 JWD 41189 a

1such Variable Rate Bonds shall be initially sold or remarketed
2(in the event of purchase and subsequent resale), the Bond Sale
3Order may provide that such interest rates and prices may vary
4from time to time depending on criteria established in such
5Bond Sale Order, which criteria may include, without
6limitation, references to indices or variations in interest
7rates as may, in the judgment of a remarketing agent, be
8necessary to cause Variable Rate Bonds of such series to be
9remarketable from time to time at a price equal to their
10principal amount, and may provide for appointment of a bank,
11trust company, investment bank, or other financial institution
12to serve as remarketing agent in that connection. The Bond Sale
13Order may provide that alternative interest rates or provisions
14for establishing alternative interest rates, different
15security or claim priorities, or different call or amortization
16provisions will apply during such times as Variable Rate Bonds
17of any series are held by a person providing credit or
18liquidity enhancement arrangements for such Bonds as
19authorized in subsection (b) of this Section. The Bond Sale
20Order may also provide for such variable interest rates to be
21established pursuant to a process generally known as an auction
22rate process and may provide for appointment of one or more
23financial institutions to serve as auction agents and
24broker-dealers in connection with the establishment of such
25interest rates and the sale and remarketing of such Bonds.
26    (b) In connection with the issuance of any series of Bonds,

 

 

10000HB3342sam003- 407 -LRB100 08528 JWD 41189 a

1the State may enter into arrangements to provide additional
2security and liquidity for such Bonds, including, without
3limitation, bond or interest rate insurance or letters of
4credit, lines of credit, bond purchase contracts, or other
5arrangements whereby funds are made available to retire or
6purchase Bonds, thereby assuring the ability of owners of the
7Bonds to sell or redeem their Bonds. The State may enter into
8contracts and may agree to pay fees to persons providing such
9arrangements, but only under circumstances where the Director
10of the Governor's Office of Management and Budget certifies
11that he or she reasonably expects the total interest paid or to
12be paid on the Bonds, together with the fees for the
13arrangements (being treated as if interest), would not, taken
14together, cause the Bonds to bear interest, calculated to their
15stated maturity, at a rate in excess of the rate that the Bonds
16would bear in the absence of such arrangements.
17    The State may, with respect to Bonds issued or anticipated
18to be issued, participate in and enter into arrangements with
19respect to interest rate protection or exchange agreements,
20guarantees, or financial futures contracts for the purpose of
21limiting, reducing, or managing interest rate exposure. The
22authority granted under this paragraph, however, shall not
23increase the principal amount of Bonds authorized to be issued
24by law. The arrangements may be executed and delivered by the
25Director of the Governor's Office of Management and Budget on
26behalf of the State. Net payments for such arrangements shall

 

 

10000HB3342sam003- 408 -LRB100 08528 JWD 41189 a

1constitute interest on the Bonds and shall be paid from the
2General Obligation Bond Retirement and Interest Fund. The
3Director of the Governor's Office of Management and Budget
4shall at least annually certify to the Governor and the State
5Comptroller his or her estimate of the amounts of such net
6payments to be included in the calculation of interest required
7to be paid by the State.
8    (c) Prior to the issuance of any Variable Rate Bonds
9pursuant to subsection (a), the Director of the Governor's
10Office of Management and Budget shall adopt an interest rate
11risk management policy providing that the amount of the State's
12variable rate exposure with respect to Bonds shall not exceed
1320%. This policy shall remain in effect while any Bonds are
14outstanding and the issuance of Bonds shall be subject to the
15terms of such policy. The terms of this policy may be amended
16from time to time by the Director of the Governor's Office of
17Management and Budget but in no event shall any amendment cause
18the permitted level of the State's variable rate exposure with
19respect to Bonds to exceed 20%.
20    (d) "Build America Bonds" in this Section means Bonds
21authorized by Section 54AA of the Internal Revenue Code of
221986, as amended ("Internal Revenue Code"), and bonds issued
23from time to time to refund or continue to refund "Build
24America Bonds".
25    (e) Notwithstanding any other provision of this Section,
26Qualified School Construction Bonds shall be issued and sold

 

 

10000HB3342sam003- 409 -LRB100 08528 JWD 41189 a

1from time to time, in one or more series, in such amounts and
2at such prices as may be directed by the Governor, upon
3recommendation by the Director of the Governor's Office of
4Management and Budget. Qualified School Construction Bonds
5shall be in such form (either coupon, registered or book
6entry), in such denominations, payable within 25 years from
7their date, subject to such terms of redemption with or without
8premium, and if the Qualified School Construction Bonds are
9issued with a supplemental coupon, bear interest payable at
10such times and at such fixed or variable rate or rates, and be
11dated as shall be fixed and determined by the Director of the
12Governor's Office of Management and Budget in the order
13authorizing the issuance and sale of any series of Qualified
14School Construction Bonds, which order shall be approved by the
15Governor and is herein called a "Bond Sale Order"; except that
16interest payable at fixed or variable rates, if any, shall not
17exceed that permitted in the Bond Authorization Act, as now or
18hereafter amended. Qualified School Construction Bonds shall
19be payable at such place or places, within or without the State
20of Illinois, and may be made registrable as to either principal
21or as to both principal and interest, as shall be specified in
22the Bond Sale Order. Qualified School Construction Bonds may be
23callable or subject to purchase and retirement or tender and
24remarketing as fixed and determined in the Bond Sale Order.
25Qualified School Construction Bonds must be issued with
26principal or mandatory redemption amounts or sinking fund

 

 

10000HB3342sam003- 410 -LRB100 08528 JWD 41189 a

1payments into the General Obligation Bond Retirement and
2Interest Fund (or subaccount therefor) in equal amounts, with
3the first maturity issued, mandatory redemption payment or
4sinking fund payment occurring within the fiscal year in which
5the Qualified School Construction Bonds are issued or within
6the next succeeding fiscal year, with Qualified School
7Construction Bonds issued maturing or subject to mandatory
8redemption or with sinking fund payments thereof deposited each
9fiscal year thereafter up to 25 years. Sinking fund payments
10set forth in this subsection shall be permitted only to the
11extent authorized in Section 54F of the Internal Revenue Code
12or as otherwise determined by the Director of the Governor's
13Office of Management and Budget. "Qualified School
14Construction Bonds" in this subsection means Bonds authorized
15by Section 54F of the Internal Revenue Code and for bonds
16issued from time to time to refund or continue to refund such
17"Qualified School Construction Bonds".
18    (f) Beginning with the next issuance by the Governor's
19Office of Management and Budget to the Procurement Policy Board
20of a request for quotation for the purpose of formulating a new
21pool of qualified underwriting banks list, all entities
22responding to such a request for quotation for inclusion on
23that list shall provide a written report to the Governor's
24Office of Management and Budget and the Illinois Comptroller.
25The written report submitted to the Comptroller shall (i) be
26published on the Comptroller's Internet website and (ii) be

 

 

10000HB3342sam003- 411 -LRB100 08528 JWD 41189 a

1used by the Governor's Office of Management and Budget for the
2purposes of scoring such a request for quotation. The written
3report, at a minimum, shall:
4        (1) disclose whether, within the past 3 months,
5    pursuant to its credit default swap market-making
6    activities, the firm has entered into any State of Illinois
7    credit default swaps ("CDS");
8        (2) include, in the event of State of Illinois CDS
9    activity, disclosure of the firm's cumulative notional
10    volume of State of Illinois CDS trades and the firm's
11    outstanding gross and net notional amount of State of
12    Illinois CDS, as of the end of the current 3-month period;
13        (3) indicate, pursuant to the firm's proprietary
14    trading activities, disclosure of whether the firm, within
15    the past 3 months, has entered into any proprietary trades
16    for its own account in State of Illinois CDS;
17        (4) include, in the event of State of Illinois
18    proprietary trades, disclosure of the firm's outstanding
19    gross and net notional amount of proprietary State of
20    Illinois CDS and whether the net position is short or long
21    credit protection, as of the end of the current 3-month
22    period;
23        (5) list all time periods during the past 3 months
24    during which the firm held net long or net short State of
25    Illinois CDS proprietary credit protection positions, the
26    amount of such positions, and whether those positions were

 

 

10000HB3342sam003- 412 -LRB100 08528 JWD 41189 a

1    net long or net short credit protection positions; and
2        (6) indicate whether, within the previous 3 months, the
3    firm released any publicly available research or marketing
4    reports that reference State of Illinois CDS and include
5    those research or marketing reports as attachments.
6    (g) All entities included on a Governor's Office of
7Management and Budget's pool of qualified underwriting banks
8list shall, as soon as possible after March 18, 2011 (the
9effective date of Public Act 96-1554), but not later than
10January 21, 2011, and on a quarterly fiscal basis thereafter,
11provide a written report to the Governor's Office of Management
12and Budget and the Illinois Comptroller. The written reports
13submitted to the Comptroller shall be published on the
14Comptroller's Internet website. The written reports, at a
15minimum, shall:
16        (1) disclose whether, within the past 3 months,
17    pursuant to its credit default swap market-making
18    activities, the firm has entered into any State of Illinois
19    credit default swaps ("CDS");
20        (2) include, in the event of State of Illinois CDS
21    activity, disclosure of the firm's cumulative notional
22    volume of State of Illinois CDS trades and the firm's
23    outstanding gross and net notional amount of State of
24    Illinois CDS, as of the end of the current 3-month period;
25        (3) indicate, pursuant to the firm's proprietary
26    trading activities, disclosure of whether the firm, within

 

 

10000HB3342sam003- 413 -LRB100 08528 JWD 41189 a

1    the past 3 months, has entered into any proprietary trades
2    for its own account in State of Illinois CDS;
3        (4) include, in the event of State of Illinois
4    proprietary trades, disclosure of the firm's outstanding
5    gross and net notional amount of proprietary State of
6    Illinois CDS and whether the net position is short or long
7    credit protection, as of the end of the current 3-month
8    period;
9        (5) list all time periods during the past 3 months
10    during which the firm held net long or net short State of
11    Illinois CDS proprietary credit protection positions, the
12    amount of such positions, and whether those positions were
13    net long or net short credit protection positions; and
14        (6) indicate whether, within the previous 3 months, the
15    firm released any publicly available research or marketing
16    reports that reference State of Illinois CDS and include
17    those research or marketing reports as attachments.
18    (h) Notwithstanding any other provision of this Section,
19for purposes of maximizing market efficiencies and cost
20savings, Income Tax Proceed Bonds may be issued and sold from
21time to time, in one or more series, in such amounts and at
22such prices as may be directed by the Governor, upon
23recommendation by the Director of the Governor's Office of
24Management and Budget. Income Tax Proceed Bonds shall be in
25such form, either coupon, registered, or book entry, in such
26denominations, shall bear interest payable at such times and at

 

 

10000HB3342sam003- 414 -LRB100 08528 JWD 41189 a

1such fixed or variable rate or rates, and be dated as shall be
2fixed and determined by the Director of the Governor's Office
3of Management and Budget in the order authorizing the issuance
4and sale of any series of Income Tax Proceed Bonds, which order
5shall be approved by the Governor and is herein called a "Bond
6Sale Order"; provided, however, that interest payable at fixed
7or variable rates shall not exceed that permitted in the Bond
8Authorization Act. Income Tax Proceed Bonds shall be payable at
9such place or places, within or without the State of Illinois,
10and may be made registrable as to either principal or as to
11both principal and interest, as shall be specified in the Bond
12Sale Order. Income Tax Proceed Bonds may be callable or subject
13to purchase and retirement or tender and remarketing as fixed
14and determined in the Bond Sale Order.
15(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
1625-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
177-6-17; revised 8-8-17.)
 
18    (30 ILCS 330/11)  (from Ch. 127, par. 661)
19    Sec. 11. Sale of Bonds. Except as otherwise provided in
20this Section, Bonds shall be sold from time to time pursuant to
21notice of sale and public bid or by negotiated sale in such
22amounts and at such times as is directed by the Governor, upon
23recommendation by the Director of the Governor's Office of
24Management and Budget. At least 25%, based on total principal
25amount, of all Bonds issued each fiscal year shall be sold

 

 

10000HB3342sam003- 415 -LRB100 08528 JWD 41189 a

1pursuant to notice of sale and public bid. At all times during
2each fiscal year, no more than 75%, based on total principal
3amount, of the Bonds issued each fiscal year, shall have been
4sold by negotiated sale. Failure to satisfy the requirements in
5the preceding 2 sentences shall not affect the validity of any
6previously issued Bonds; provided that all Bonds authorized by
7Public Act 96-43 and Public Act 96-1497 shall not be included
8in determining compliance for any fiscal year with the
9requirements of the preceding 2 sentences; and further provided
10that refunding Bonds satisfying the requirements of Section 16
11of this Act and sold during fiscal year 2009, 2010, 2011, 2017,
12or 2018, or 2019 shall not be subject to the requirements in
13the preceding 2 sentences.
14    If any Bonds, including refunding Bonds, are to be sold by
15negotiated sale, the Director of the Governor's Office of
16Management and Budget shall comply with the competitive request
17for proposal process set forth in the Illinois Procurement Code
18and all other applicable requirements of that Code.
19    If Bonds are to be sold pursuant to notice of sale and
20public bid, the Director of the Governor's Office of Management
21and Budget may, from time to time, as Bonds are to be sold,
22advertise the sale of the Bonds in at least 2 daily newspapers,
23one of which is published in the City of Springfield and one in
24the City of Chicago. The sale of the Bonds shall also be
25advertised in the volume of the Illinois Procurement Bulletin
26that is published by the Department of Central Management

 

 

10000HB3342sam003- 416 -LRB100 08528 JWD 41189 a

1Services, and shall be published once at least 10 days prior to
2the date fixed for the opening of the bids. The Director of the
3Governor's Office of Management and Budget may reschedule the
4date of sale upon the giving of such additional notice as the
5Director deems adequate to inform prospective bidders of such
6change; provided, however, that all other conditions of the
7sale shall continue as originally advertised.
8    Executed Bonds shall, upon payment therefor, be delivered
9to the purchaser, and the proceeds of Bonds shall be paid into
10the State Treasury as directed by Section 12 of this Act.
11    All Income Tax Proceed Bonds shall comply with this
12Section. Notwithstanding anything to the contrary, however,
13for purposes of complying with this Section, Income Tax Proceed
14Bonds, regardless of the number of series or issuances sold
15thereunder, shall be considered a single issue or series.
16Furthermore, for purposes of complying with the competitive
17bidding requirements of this Section, the words "at all times"
18shall not apply to any such sale of the Income Tax Proceed
19Bonds. The Director of the Governor's Office of Management and
20Budget shall determine the time and manner of any competitive
21sale of the Income Tax Proceed Bonds; however, that sale shall
22under no circumstances take place later than 60 days after the
23State closes the sale of 75% of the Income Tax Proceed Bonds by
24negotiated sale.
25(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
2625-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.

 

 

10000HB3342sam003- 417 -LRB100 08528 JWD 41189 a

17-6-17; revised 8-15-17.)
 
2    (30 ILCS 330/16)  (from Ch. 127, par. 666)
3    Sec. 16. Refunding Bonds. The State of Illinois is
4authorized to issue, sell, and provide for the retirement of
5General Obligation Bonds of the State of Illinois in the amount
6of $4,839,025,000, at any time and from time to time
7outstanding, for the purpose of refunding any State of Illinois
8general obligation Bonds then outstanding, including (i) the
9payment of any redemption premium thereon, (ii) any reasonable
10expenses of such refunding, (iii) any interest accrued or to
11accrue to the earliest or any subsequent date of redemption or
12maturity of such outstanding Bonds, (iv) for fiscal year 2019
13only, any necessary payments to providers of interest rate
14exchange agreements in connection with the termination of such
15agreements by the State in connection with the refunding, and
16(v) any interest to accrue to the first interest payment on the
17refunding Bonds; provided that all non-refunding Bonds in an
18issue that includes refunding Bonds shall mature no later than
19the final maturity date of Bonds being refunded; provided that
20no refunding Bonds shall be offered for sale unless the net
21present value of debt service savings to be achieved by the
22issuance of the refunding Bonds is 3% or more of the principal
23amount of the refunding Bonds to be issued; and further
24provided that, except for refunding Bonds sold in fiscal year
252009, 2010, 2011, 2017, or 2018, or 2019, the maturities of the

 

 

10000HB3342sam003- 418 -LRB100 08528 JWD 41189 a

1refunding Bonds shall not extend beyond the maturities of the
2Bonds they refund, so that for each fiscal year in the maturity
3schedule of a particular issue of refunding Bonds, the total
4amount of refunding principal maturing and redemption amounts
5due in that fiscal year and all prior fiscal years in that
6schedule shall be greater than or equal to the total amount of
7refunded principal and redemption amounts that had been due
8over that year and all prior fiscal years prior to the
9refunding.
10     The Governor shall notify the State Treasurer and
11Comptroller of such refunding. The proceeds received from the
12sale of refunding Bonds shall be used for the retirement at
13maturity or redemption of such outstanding Bonds on any
14maturity or redemption date and, pending such use, shall be
15placed in escrow, subject to such terms and conditions as shall
16be provided for in the Bond Sale Order relating to the
17Refunding Bonds. Proceeds not needed for deposit in an escrow
18account shall be deposited in the General Obligation Bond
19Retirement and Interest Fund. This Act shall constitute an
20irrevocable and continuing appropriation of all amounts
21necessary to establish an escrow account for the purpose of
22refunding outstanding general obligation Bonds and to pay the
23reasonable expenses of such refunding and of the issuance and
24sale of the refunding Bonds. Any such escrowed proceeds may be
25invested and reinvested in direct obligations of the United
26States of America, maturing at such time or times as shall be

 

 

10000HB3342sam003- 419 -LRB100 08528 JWD 41189 a

1appropriate to assure the prompt payment, when due, of the
2principal of and interest and redemption premium, if any, on
3the refunded Bonds. After the terms of the escrow have been
4fully satisfied, any remaining balance of such proceeds and
5interest, income and profits earned or realized on the
6investments thereof shall be paid into the General Revenue
7Fund. The liability of the State upon the Bonds shall continue,
8provided that the holders thereof shall thereafter be entitled
9to payment only out of the moneys deposited in the escrow
10account.
11    Except as otherwise herein provided in this Section, such
12refunding Bonds shall in all other respects be subject to the
13terms and conditions of this Act.
14(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
 
15    Section 60-10. The Build Illinois Bond Act is amended by
16changing Sections 6, 8, and 15 as follows:
 
17    (30 ILCS 425/6)  (from Ch. 127, par. 2806)
18    Sec. 6. Conditions for Issuance and Sale of Bonds -
19Requirements for Bonds - Master and Supplemental Indentures -
20Credit and Liquidity Enhancement.
21    (a) Bonds shall be issued and sold from time to time, in
22one or more series, in such amounts and at such prices as
23directed by the Governor, upon recommendation by the Director
24of the Governor's Office of Management and Budget. Bonds shall

 

 

10000HB3342sam003- 420 -LRB100 08528 JWD 41189 a

1be payable only from the specific sources and secured in the
2manner provided in this Act. Bonds shall be in such form, in
3such denominations, mature on such dates within 25 years from
4their date of issuance, be subject to optional or mandatory
5redemption, bear interest payable at such times and at such
6rate or rates, fixed or variable, and be dated as shall be
7fixed and determined by the Director of the Governor's Office
8of Management and Budget in an order authorizing the issuance
9and sale of any series of Bonds, which order shall be approved
10by the Governor and is herein called a "Bond Sale Order";
11provided, however, that interest payable at fixed rates shall
12not exceed that permitted in "An Act to authorize public
13corporations to issue bonds, other evidences of indebtedness
14and tax anticipation warrants subject to interest rate
15limitations set forth therein", approved May 26, 1970, as now
16or hereafter amended, and interest payable at variable rates
17shall not exceed the maximum rate permitted in the Bond Sale
18Order. Said Bonds shall be payable at such place or places,
19within or without the State of Illinois, and may be made
20registrable as to either principal only or as to both principal
21and interest, as shall be specified in the Bond Sale Order.
22Bonds may be callable or subject to purchase and retirement or
23remarketing as fixed and determined in the Bond Sale Order.
24Bonds (i) except for refunding Bonds satisfying the
25requirements of Section 15 of this Act and sold during fiscal
26year 2009, 2010, 2011, 2017, or 2018, or 2019, must be issued

 

 

10000HB3342sam003- 421 -LRB100 08528 JWD 41189 a

1with principal or mandatory redemption amounts in equal
2amounts, with the first maturity issued occurring within the
3fiscal year in which the Bonds are issued or within the next
4succeeding fiscal year and (ii) must mature or be subject to
5mandatory redemption each fiscal year thereafter up to 25
6years, except for refunding Bonds satisfying the requirements
7of Section 15 of this Act and sold during fiscal year 2009,
82010, or 2011 which must mature or be subject to mandatory
9redemption each fiscal year thereafter up to 16 years.
10    All Bonds authorized under this Act shall be issued
11pursuant to a master trust indenture ("Master Indenture")
12executed and delivered on behalf of the State by the Director
13of the Governor's Office of Management and Budget, such Master
14Indenture to be in substantially the form approved in the Bond
15Sale Order authorizing the issuance and sale of the initial
16series of Bonds issued under this Act. Such initial series of
17Bonds may, and each subsequent series of Bonds shall, also be
18issued pursuant to a supplemental trust indenture
19("Supplemental Indenture") executed and delivered on behalf of
20the State by the Director of the Governor's Office of
21Management and Budget, each such Supplemental Indenture to be
22in substantially the form approved in the Bond Sale Order
23relating to such series. The Master Indenture and any
24Supplemental Indenture shall be entered into with a bank or
25trust company in the State of Illinois having trust powers and
26possessing capital and surplus of not less than $100,000,000.

 

 

10000HB3342sam003- 422 -LRB100 08528 JWD 41189 a

1Such indentures shall set forth the terms and conditions of the
2Bonds and provide for payment of and security for the Bonds,
3including the establishment and maintenance of debt service and
4reserve funds, and for other protections for holders of the
5Bonds. The term "reserve funds" as used in this Act shall
6include funds and accounts established under indentures to
7provide for the payment of principal of and premium and
8interest on Bonds, to provide for the purchase, retirement or
9defeasance of Bonds, to provide for fees of trustees,
10registrars, paying agents and other fiduciaries and to provide
11for payment of costs of and debt service payable in respect of
12credit or liquidity enhancement arrangements, interest rate
13swaps or guarantees or financial futures contracts and indexing
14and remarketing agents' services.
15    In the case of any series of Bonds bearing interest at a
16variable interest rate ("Variable Rate Bonds"), in lieu of
17determining the rate or rates at which such series of Variable
18Rate Bonds shall bear interest and the price or prices at which
19such Variable Rate Bonds shall be initially sold or remarketed
20(in the event of purchase and subsequent resale), the Bond Sale
21Order may provide that such interest rates and prices may vary
22from time to time depending on criteria established in such
23Bond Sale Order, which criteria may include, without
24limitation, references to indices or variations in interest
25rates as may, in the judgment of a remarketing agent, be
26necessary to cause Bonds of such series to be remarketable from

 

 

10000HB3342sam003- 423 -LRB100 08528 JWD 41189 a

1time to time at a price equal to their principal amount (or
2compound accreted value in the case of original issue discount
3Bonds), and may provide for appointment of indexing agents and
4a bank, trust company, investment bank or other financial
5institution to serve as remarketing agent in that connection.
6The Bond Sale Order may provide that alternative interest rates
7or provisions for establishing alternative interest rates,
8different security or claim priorities or different call or
9amortization provisions will apply during such times as Bonds
10of any series are held by a person providing credit or
11liquidity enhancement arrangements for such Bonds as
12authorized in subsection (b) of Section 6 of this Act.
13    (b) In connection with the issuance of any series of Bonds,
14the State may enter into arrangements to provide additional
15security and liquidity for such Bonds, including, without
16limitation, bond or interest rate insurance or letters of
17credit, lines of credit, bond purchase contracts or other
18arrangements whereby funds are made available to retire or
19purchase Bonds, thereby assuring the ability of owners of the
20Bonds to sell or redeem their Bonds. The State may enter into
21contracts and may agree to pay fees to persons providing such
22arrangements, but only under circumstances where the Director
23of the Bureau of the Budget (now Governor's Office of
24Management and Budget) certifies that he reasonably expects the
25total interest paid or to be paid on the Bonds, together with
26the fees for the arrangements (being treated as if interest),

 

 

10000HB3342sam003- 424 -LRB100 08528 JWD 41189 a

1would not, taken together, cause the Bonds to bear interest,
2calculated to their stated maturity, at a rate in excess of the
3rate which the Bonds would bear in the absence of such
4arrangements. Any bonds, notes or other evidences of
5indebtedness issued pursuant to any such arrangements for the
6purpose of retiring and discharging outstanding Bonds shall
7constitute refunding Bonds under Section 15 of this Act. The
8State may participate in and enter into arrangements with
9respect to interest rate swaps or guarantees or financial
10futures contracts for the purpose of limiting or restricting
11interest rate risk; provided that such arrangements shall be
12made with or executed through banks having capital and surplus
13of not less than $100,000,000 or insurance companies holding
14the highest policyholder rating accorded insurers by A.M. Best &
15 Co. or any comparable rating service or government bond
16dealers reporting to, trading with, and recognized as primary
17dealers by a Federal Reserve Bank and having capital and
18surplus of not less than $100,000,000, or other persons whose
19debt securities are rated in the highest long-term categories
20by both Moody's Investors' Services, Inc. and Standard & Poor's
21Corporation. Agreements incorporating any of the foregoing
22arrangements may be executed and delivered by the Director of
23the Governor's Office of Management and Budget on behalf of the
24State in substantially the form approved in the Bond Sale Order
25relating to such Bonds.
26    (c) "Build America Bonds" in this Section means Bonds

 

 

10000HB3342sam003- 425 -LRB100 08528 JWD 41189 a

1authorized by Section 54AA of the Internal Revenue Code of
21986, as amended ("Internal Revenue Code"), and bonds issued
3from time to time to refund or continue to refund "Build
4America Bonds".
5(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
 
6    (30 ILCS 425/8)  (from Ch. 127, par. 2808)
7    Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
8in this Section, shall be sold from time to time pursuant to
9notice of sale and public bid or by negotiated sale in such
10amounts and at such times as are directed by the Governor, upon
11recommendation by the Director of the Governor's Office of
12Management and Budget. At least 25%, based on total principal
13amount, of all Bonds issued each fiscal year shall be sold
14pursuant to notice of sale and public bid. At all times during
15each fiscal year, no more than 75%, based on total principal
16amount, of the Bonds issued each fiscal year shall have been
17sold by negotiated sale. Failure to satisfy the requirements in
18the preceding 2 sentences shall not affect the validity of any
19previously issued Bonds; and further provided that refunding
20Bonds satisfying the requirements of Section 15 of this Act and
21sold during fiscal year 2009, 2010, 2011, 2017, or 2018, or
222019 shall not be subject to the requirements in the preceding
232 sentences.
24    If any Bonds are to be sold pursuant to notice of sale and
25public bid, the Director of the Governor's Office of Management

 

 

10000HB3342sam003- 426 -LRB100 08528 JWD 41189 a

1and Budget shall comply with the competitive request for
2proposal process set forth in the Illinois Procurement Code and
3all other applicable requirements of that Code.
4    If Bonds are to be sold pursuant to notice of sale and
5public bid, the Director of the Governor's Office of Management
6and Budget may, from time to time, as Bonds are to be sold,
7advertise the sale of the Bonds in at least 2 daily newspapers,
8one of which is published in the City of Springfield and one in
9the City of Chicago. The sale of the Bonds shall also be
10advertised in the volume of the Illinois Procurement Bulletin
11that is published by the Department of Central Management
12Services, and shall be published once at least 10 days prior to
13the date fixed for the opening of the bids. The Director of the
14Governor's Office of Management and Budget may reschedule the
15date of sale upon the giving of such additional notice as the
16Director deems adequate to inform prospective bidders of the
17change; provided, however, that all other conditions of the
18sale shall continue as originally advertised. Executed Bonds
19shall, upon payment therefor, be delivered to the purchaser,
20and the proceeds of Bonds shall be paid into the State Treasury
21as directed by Section 9 of this Act. The Governor or the
22Director of the Governor's Office of Management and Budget is
23hereby authorized and directed to execute and deliver contracts
24of sale with underwriters and to execute and deliver such
25certificates, indentures, agreements and documents, including
26any supplements or amendments thereto, and to take such actions

 

 

10000HB3342sam003- 427 -LRB100 08528 JWD 41189 a

1and do such things as shall be necessary or desirable to carry
2out the purposes of this Act. Any action authorized or
3permitted to be taken by the Director of the Governor's Office
4of Management and Budget pursuant to this Act is hereby
5authorized to be taken by any person specifically designated by
6the Governor to take such action in a certificate signed by the
7Governor and filed with the Secretary of State.
8(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
 
9    (30 ILCS 425/15)  (from Ch. 127, par. 2815)
10    Sec. 15. Refunding Bonds. Refunding Bonds are hereby
11authorized for the purpose of refunding any outstanding Bonds,
12including the payment of any redemption premium thereon, any
13reasonable expenses of such refunding, and any interest accrued
14or to accrue to the earliest or any subsequent date of
15redemption or maturity of outstanding Bonds; provided that all
16non-refunding Bonds in an issue that includes refunding Bonds
17shall mature no later than the final maturity date of Bonds
18being refunded; provided that no refunding Bonds shall be
19offered for sale unless the net present value of debt service
20savings to be achieved by the issuance of the refunding Bonds
21is 3% or more of the principal amount of the refunding Bonds to
22be issued; and further provided that, except for refunding
23Bonds sold in fiscal year 2009, 2010, 2011, 2017, or 2018, or
242019, the maturities of the refunding Bonds shall not extend
25beyond the maturities of the Bonds they refund, so that for

 

 

10000HB3342sam003- 428 -LRB100 08528 JWD 41189 a

1each fiscal year in the maturity schedule of a particular issue
2of refunding Bonds, the total amount of refunding principal
3maturing and redemption amounts due in that fiscal year and all
4prior fiscal years in that schedule shall be greater than or
5equal to the total amount of refunded principal and redemption
6amounts that had been due over that year and all prior fiscal
7years prior to the refunding.
8    Refunding Bonds may be sold in such amounts and at such
9times, as directed by the Governor upon recommendation by the
10Director of the Governor's Office of Management and Budget. The
11Governor shall notify the State Treasurer and Comptroller of
12such refunding. The proceeds received from the sale of
13refunding Bonds shall be used for the retirement at maturity or
14redemption of such outstanding Bonds on any maturity or
15redemption date and, pending such use, shall be placed in
16escrow, subject to such terms and conditions as shall be
17provided for in the Bond Sale Order relating to the refunding
18Bonds. This Act shall constitute an irrevocable and continuing
19appropriation of all amounts necessary to establish an escrow
20account for the purpose of refunding outstanding Bonds and to
21pay the reasonable expenses of such refunding and of the
22issuance and sale of the refunding Bonds. Any such escrowed
23proceeds may be invested and reinvested in direct obligations
24of the United States of America, maturing at such time or times
25as shall be appropriate to assure the prompt payment, when due,
26of the principal of and interest and redemption premium, if

 

 

10000HB3342sam003- 429 -LRB100 08528 JWD 41189 a

1any, on the refunded Bonds. After the terms of the escrow have
2been fully satisfied, any remaining balance of such proceeds
3and interest, income and profits earned or realized on the
4investments thereof shall be paid into the General Revenue
5Fund. The liability of the State upon the refunded Bonds shall
6continue, provided that the holders thereof shall thereafter be
7entitled to payment only out of the moneys deposited in the
8escrow account and the refunded Bonds shall be deemed paid,
9discharged and no longer to be outstanding.
10    Except as otherwise herein provided in this Section, such
11refunding Bonds shall in all other respects be issued pursuant
12to and subject to the terms and conditions of this Act and
13shall be secured by and payable from only the funds and sources
14which are provided under this Act.
15(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
 
16
ARTICLE 65.

 
17    Section 65-15. The Illinois Public Aid Code is amended by
18changing Sections 5-4.2, 5-5.01a, 9A-11, and 12-4.11 and by
19adding Sections 5-5.05a and 5-5.12b as follows:
 
20    (305 ILCS 5/5-4.2)  (from Ch. 23, par. 5-4.2)
21    Sec. 5-4.2. Ambulance services payments.
22    (a) For ambulance services provided to a recipient of aid
23under this Article on or after January 1, 1993, the Illinois

 

 

10000HB3342sam003- 430 -LRB100 08528 JWD 41189 a

1Department shall reimburse ambulance service providers at
2rates calculated in accordance with this Section. It is the
3intent of the General Assembly to provide adequate
4reimbursement for ambulance services so as to ensure adequate
5access to services for recipients of aid under this Article and
6to provide appropriate incentives to ambulance service
7providers to provide services in an efficient and
8cost-effective manner. Thus, it is the intent of the General
9Assembly that the Illinois Department implement a
10reimbursement system for ambulance services that, to the extent
11practicable and subject to the availability of funds
12appropriated by the General Assembly for this purpose, is
13consistent with the payment principles of Medicare. To ensure
14uniformity between the payment principles of Medicare and
15Medicaid, the Illinois Department shall follow, to the extent
16necessary and practicable and subject to the availability of
17funds appropriated by the General Assembly for this purpose,
18the statutes, laws, regulations, policies, procedures,
19principles, definitions, guidelines, and manuals used to
20determine the amounts paid to ambulance service providers under
21Title XVIII of the Social Security Act (Medicare).
22    (b) For ambulance services provided to a recipient of aid
23under this Article on or after January 1, 1996, the Illinois
24Department shall reimburse ambulance service providers based
25upon the actual distance traveled if a natural disaster,
26weather conditions, road repairs, or traffic congestion

 

 

10000HB3342sam003- 431 -LRB100 08528 JWD 41189 a

1necessitates the use of a route other than the most direct
2route.
3    (c) For purposes of this Section, "ambulance services"
4includes medical transportation services provided by means of
5an ambulance, medi-car, service car, or taxi.
6    (c-1) For purposes of this Section, "ground ambulance
7service" means medical transportation services that are
8described as ground ambulance services by the Centers for
9Medicare and Medicaid Services and provided in a vehicle that
10is licensed as an ambulance by the Illinois Department of
11Public Health pursuant to the Emergency Medical Services (EMS)
12Systems Act.
13    (c-2) For purposes of this Section, "ground ambulance
14service provider" means a vehicle service provider as described
15in the Emergency Medical Services (EMS) Systems Act that
16operates licensed ambulances for the purpose of providing
17emergency ambulance services, or non-emergency ambulance
18services, or both. For purposes of this Section, this includes
19both ambulance providers and ambulance suppliers as described
20by the Centers for Medicare and Medicaid Services.
21    (d) This Section does not prohibit separate billing by
22ambulance service providers for oxygen furnished while
23providing advanced life support services.
24    (e) Beginning with services rendered on or after July 1,
252008, all providers of non-emergency medi-car and service car
26transportation must certify that the driver and employee

 

 

10000HB3342sam003- 432 -LRB100 08528 JWD 41189 a

1attendant, as applicable, have completed a safety program
2approved by the Department to protect both the patient and the
3driver, prior to transporting a patient. The provider must
4maintain this certification in its records. The provider shall
5produce such documentation upon demand by the Department or its
6representative. Failure to produce documentation of such
7training shall result in recovery of any payments made by the
8Department for services rendered by a non-certified driver or
9employee attendant. Medi-car and service car providers must
10maintain legible documentation in their records of the driver
11and, as applicable, employee attendant that actually
12transported the patient. Providers must recertify all drivers
13and employee attendants every 3 years.
14    Notwithstanding the requirements above, any public
15transportation provider of medi-car and service car
16transportation that receives federal funding under 49 U.S.C.
175307 and 5311 need not certify its drivers and employee
18attendants under this Section, since safety training is already
19federally mandated.
20    (f) With respect to any policy or program administered by
21the Department or its agent regarding approval of non-emergency
22medical transportation by ground ambulance service providers,
23including, but not limited to, the Non-Emergency
24Transportation Services Prior Approval Program (NETSPAP), the
25Department shall establish by rule a process by which ground
26ambulance service providers of non-emergency medical

 

 

10000HB3342sam003- 433 -LRB100 08528 JWD 41189 a

1transportation may appeal any decision by the Department or its
2agent for which no denial was received prior to the time of
3transport that either (i) denies a request for approval for
4payment of non-emergency transportation by means of ground
5ambulance service or (ii) grants a request for approval of
6non-emergency transportation by means of ground ambulance
7service at a level of service that entitles the ground
8ambulance service provider to a lower level of compensation
9from the Department than the ground ambulance service provider
10would have received as compensation for the level of service
11requested. The rule shall be filed by December 15, 2012 and
12shall provide that, for any decision rendered by the Department
13or its agent on or after the date the rule takes effect, the
14ground ambulance service provider shall have 60 days from the
15date the decision is received to file an appeal. The rule
16established by the Department shall be, insofar as is
17practical, consistent with the Illinois Administrative
18Procedure Act. The Director's decision on an appeal under this
19Section shall be a final administrative decision subject to
20review under the Administrative Review Law.
21    (f-5) Beginning 90 days after July 20, 2012 (the effective
22date of Public Act 97-842), (i) no denial of a request for
23approval for payment of non-emergency transportation by means
24of ground ambulance service, and (ii) no approval of
25non-emergency transportation by means of ground ambulance
26service at a level of service that entitles the ground

 

 

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1ambulance service provider to a lower level of compensation
2from the Department than would have been received at the level
3of service submitted by the ground ambulance service provider,
4may be issued by the Department or its agent unless the
5Department has submitted the criteria for determining the
6appropriateness of the transport for first notice publication
7in the Illinois Register pursuant to Section 5-40 of the
8Illinois Administrative Procedure Act.
9    (g) Whenever a patient covered by a medical assistance
10program under this Code or by another medical program
11administered by the Department is being discharged from a
12facility, a physician discharge order as described in this
13Section shall be required for each patient whose discharge
14requires medically supervised ground ambulance services.
15Facilities shall develop procedures for a physician with
16medical staff privileges to provide a written and signed
17physician discharge order. The physician discharge order shall
18specify the level of ground ambulance services needed and
19complete a medical certification establishing the criteria for
20approval of non-emergency ambulance transportation, as
21published by the Department of Healthcare and Family Services,
22that is met by the patient. This order and the medical
23certification shall be completed prior to ordering an ambulance
24service and prior to patient discharge.
25    Pursuant to subsection (E) of Section 12-4.25 of this Code,
26the Department is entitled to recover overpayments paid to a

 

 

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1provider or vendor, including, but not limited to, from the
2discharging physician, the discharging facility, and the
3ground ambulance service provider, in instances where a
4non-emergency ground ambulance service is rendered as the
5result of improper or false certification.
6    (h) On and after July 1, 2012, the Department shall reduce
7any rate of reimbursement for services or other payments or
8alter any methodologies authorized by this Code to reduce any
9rate of reimbursement for services or other payments in
10accordance with Section 5-5e.
11    (i) On and after July 1, 2018, the Department shall
12increase the base rate of reimbursement for both base charges
13and mileage charges for ground ambulance service providers for
14medical transportation services provided by means of a ground
15ambulance to a level not lower than 112% of the base rate in
16effect as of June 30, 2018.
17(Source: P.A. 97-584, eff. 8-26-11; 97-689, eff. 6-14-12;
1897-842, eff. 7-20-12; 98-463, eff. 8-16-13.)
 
19    (305 ILCS 5/5-5.01a)
20    Sec. 5-5.01a. Supportive living facilities program.
21    (a) The Department shall establish and provide oversight
22for a program of supportive living facilities that seek to
23promote resident independence, dignity, respect, and
24well-being in the most cost-effective manner.
25    A supportive living facility is (i) a free-standing

 

 

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1facility or (ii) a distinct physical and operational entity
2within a mixed-use building that meets the criteria established
3in subsection (d). A supportive living facility integrates
4housing with health, personal care, and supportive services and
5is a designated setting that offers residents their own
6separate, private, and distinct living units.
7    Sites for the operation of the program shall be selected by
8the Department based upon criteria that may include the need
9for services in a geographic area, the availability of funding,
10and the site's ability to meet the standards.
11    (b) Beginning July 1, 2014, subject to federal approval,
12the Medicaid rates for supportive living facilities shall be
13equal to the supportive living facility Medicaid rate effective
14on June 30, 2014 increased by 8.85%. Once the assessment
15imposed at Article V-G of this Code is determined to be a
16permissible tax under Title XIX of the Social Security Act, the
17Department shall increase the Medicaid rates for supportive
18living facilities effective on July 1, 2014 by 9.09%. The
19Department shall apply this increase retroactively to coincide
20with the imposition of the assessment in Article V-G of this
21Code in accordance with the approval for federal financial
22participation by the Centers for Medicare and Medicaid
23Services.
24    The Medicaid rates for supportive living facilities
25effective on July 1, 2017 must be equal to the rates in effect
26for supportive living facilities on June 30, 2017 increased by

 

 

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12.8%.
2    The Medicaid rates for supportive living facilities
3effective on July 1, 2018 must be equal to the rates in effect
4for supportive living facilities on June 30, 2018.
5    (c) The Department may adopt rules to implement this
6Section. Rules that establish or modify the services,
7standards, and conditions for participation in the program
8shall be adopted by the Department in consultation with the
9Department on Aging, the Department of Rehabilitation
10Services, and the Department of Mental Health and Developmental
11Disabilities (or their successor agencies).
12    (d) Subject to federal approval by the Centers for Medicare
13and Medicaid Services, the Department shall accept for
14consideration of certification under the program any
15application for a site or building where distinct parts of the
16site or building are designated for purposes other than the
17provision of supportive living services, but only if:
18        (1) those distinct parts of the site or building are
19    not designated for the purpose of providing assisted living
20    services as required under the Assisted Living and Shared
21    Housing Act;
22        (2) those distinct parts of the site or building are
23    completely separate from the part of the building used for
24    the provision of supportive living program services,
25    including separate entrances;
26        (3) those distinct parts of the site or building do not

 

 

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1    share any common spaces with the part of the building used
2    for the provision of supportive living program services;
3    and
4        (4) those distinct parts of the site or building do not
5    share staffing with the part of the building used for the
6    provision of supportive living program services.
7    (e) Facilities or distinct parts of facilities which are
8selected as supportive living facilities and are in good
9standing with the Department's rules are exempt from the
10provisions of the Nursing Home Care Act and the Illinois Health
11Facilities Planning Act.
12(Source: P.A. 100-23, eff. 7-6-17; 100-583, eff. 4-6-18.)
 
13    (305 ILCS 5/5-5.05a new)
14    Sec. 5-5.05a. Reimbursement rates; community mental health
15centers. Notwithstanding the provisions of any other law,
16reimbursement rates, including enhanced payment rates and rate
17add-ons, for psychiatric and behavioral health services
18provided in or by community mental health centers licensed or
19certified by the Department of Human Services shall not be
20lower than the rates for such services in effect on November 1,
212017. The Department of Healthcare and Family Services shall
22apply for any waiver or State Plan amendment, if required, to
23implement the reimbursement rates established in this Section.
24Implementation of the reimbursement rates shall be contingent
25on federal approval.
 

 

 

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1    (305 ILCS 5/5-5.12b new)
2    Sec. 5-5.12b. Critical access care pharmacy program.
3    (a) As used in this Section:
4    "Critical access care pharmacy" means an Illinois-based
5brick and mortar pharmacy that is located in a county with
6fewer than 50,000 residents and that owns fewer than 10
7pharmacies.
8    "Critical access care pharmacy program payment" means the
9number of individual prescriptions a critical access care
10pharmacy fills during that quarter multiplied by the lesser of
11the individual payment amount or the dispensing reimbursement
12rate made by the Department under the medical assistance
13program as of April 1, 2018.
14    "Individual payment amount" means the dividend of 1/4 of
15the annual amount appropriated for the critical access care
16pharmacy program by the number of prescriptions filled by all
17critical access care pharmacies reimbursed by Medicaid managed
18care organizations that quarter.
19    (b) Subject to appropriations, the Department shall
20establish a critical access care pharmacy program to ensure the
21sustainability of critical access pharmacies throughout the
22State of Illinois.
23    (c) The critical access care pharmacy program shall not
24exceed $10,000,000 annually and individual payment amounts per
25prescription shall not exceed the dispensing rate that the

 

 

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1Department would have reimbursed under the Medical Assistance
2Program as of April 1, 2018.
3    (d) Quarterly, the Department shall determine the number of
4prescriptions filled by critical access care pharmacies
5reimbursed by Medicaid managed care organizations utilizing
6encounter data available to the Department. The Department
7shall determine the individual payment amount per prescription
8by dividing 1/4 of the annual amount appropriated for the
9critical access care pharmacy program by the number of
10prescriptions filled by all critical access care pharmacies
11reimbursed by Medicaid managed care organizations that
12quarter. If the individual payment amount per prescription as
13calculated using quarterly prescription amounts exceeds the
14reimbursement rate under the medical assistance program as of
15April 1, 2018, then the individual payment amount per
16prescription shall be the dispensing reimbursement rate under
17the medical assistance program as of April 1, 2018.
18    (e) Quarterly, the Department shall distribute to critical
19access care pharmacies a critical access care pharmacy program
20payment. The first payment shall be calculated utilizing the
21encounter data from the last quarter of State fiscal year 2018.
22    (f) The Department may adopt rules permitting an
23Illinois-based brick and mortar pharmacy that owns fewer than
2410 pharmacies to receive critical access care pharmacy program
25payments in the same manner as a critical access care pharmacy,
26regardless of whether the pharmacy is located in a county with

 

 

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1a population of less than 50,000.
 
2    (305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
3    Sec. 9A-11. Child care.
4    (a) The General Assembly recognizes that families with
5children need child care in order to work. Child care is
6expensive and families with low incomes, including those who
7are transitioning from welfare to work, often struggle to pay
8the costs of day care. The General Assembly understands the
9importance of helping low income working families become and
10remain self-sufficient. The General Assembly also believes
11that it is the responsibility of families to share in the costs
12of child care. It is also the preference of the General
13Assembly that all working poor families should be treated
14equally, regardless of their welfare status.
15    (b) To the extent resources permit, the Illinois Department
16shall provide child care services to parents or other relatives
17as defined by rule who are working or participating in
18employment or Department approved education or training
19programs. At a minimum, the Illinois Department shall cover the
20following categories of families:
21        (1) recipients of TANF under Article IV participating
22    in work and training activities as specified in the
23    personal plan for employment and self-sufficiency;
24        (2) families transitioning from TANF to work;
25        (3) families at risk of becoming recipients of TANF;

 

 

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1        (4) families with special needs as defined by rule;
2        (5) working families with very low incomes as defined
3    by rule; and
4        (6) families that are not recipients of TANF and that
5    need child care assistance to participate in education and
6    training activities.
7    The Department shall specify by rule the conditions of
8eligibility, the application process, and the types, amounts,
9and duration of services. Eligibility for child care benefits
10and the amount of child care provided may vary based on family
11size, income, and other factors as specified by rule.
12    In determining income eligibility for child care benefits,
13the Department annually, at the beginning of each fiscal year,
14shall establish, by rule, one income threshold for each family
15size, in relation to percentage of State median income for a
16family of that size, that makes families with incomes below the
17specified threshold eligible for assistance and families with
18incomes above the specified threshold ineligible for
19assistance. Through and including fiscal year 2007, the
20specified threshold must be no less than 50% of the
21then-current State median income for each family size.
22Beginning in fiscal year 2008, the specified threshold must be
23no less than 185% of the then-current federal poverty level for
24each family size.
25    In determining eligibility for assistance, the Department
26shall not give preference to any category of recipients or give

 

 

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1preference to individuals based on their receipt of benefits
2under this Code.
3    Nothing in this Section shall be construed as conferring
4entitlement status to eligible families.
5    The Illinois Department is authorized to lower income
6eligibility ceilings, raise parent co-payments, create waiting
7lists, or take such other actions during a fiscal year as are
8necessary to ensure that child care benefits paid under this
9Article do not exceed the amounts appropriated for those child
10care benefits. These changes may be accomplished by emergency
11rule under Section 5-45 of the Illinois Administrative
12Procedure Act, except that the limitation on the number of
13emergency rules that may be adopted in a 24-month period shall
14not apply.
15    The Illinois Department may contract with other State
16agencies or child care organizations for the administration of
17child care services.
18    (c) Payment shall be made for child care that otherwise
19meets the requirements of this Section and applicable standards
20of State and local law and regulation, including any
21requirements the Illinois Department promulgates by rule in
22addition to the licensure requirements promulgated by the
23Department of Children and Family Services and Fire Prevention
24and Safety requirements promulgated by the Office of the State
25Fire Marshal and is provided in any of the following:
26        (1) a child care center which is licensed or exempt

 

 

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1    from licensure pursuant to Section 2.09 of the Child Care
2    Act of 1969;
3        (2) a licensed child care home or home exempt from
4    licensing;
5        (3) a licensed group child care home;
6        (4) other types of child care, including child care
7    provided by relatives or persons living in the same home as
8    the child, as determined by the Illinois Department by
9    rule.
10    (c-5) Solely for the purposes of coverage under the
11Illinois Public Labor Relations Act, child and day care home
12providers, including licensed and license exempt,
13participating in the Department's child care assistance
14program shall be considered to be public employees and the
15State of Illinois shall be considered to be their employer as
16of the effective date of this amendatory Act of the 94th
17General Assembly, but not before. The State shall engage in
18collective bargaining with an exclusive representative of
19child and day care home providers participating in the child
20care assistance program concerning their terms and conditions
21of employment that are within the State's control. Nothing in
22this subsection shall be understood to limit the right of
23families receiving services defined in this Section to select
24child and day care home providers or supervise them within the
25limits of this Section. The State shall not be considered to be
26the employer of child and day care home providers for any

 

 

10000HB3342sam003- 445 -LRB100 08528 JWD 41189 a

1purposes not specifically provided in this amendatory Act of
2the 94th General Assembly, including but not limited to,
3purposes of vicarious liability in tort and purposes of
4statutory retirement or health insurance benefits. Child and
5day care home providers shall not be covered by the State
6Employees Group Insurance Act of 1971.
7    In according child and day care home providers and their
8selected representative rights under the Illinois Public Labor
9Relations Act, the State intends that the State action
10exemption to application of federal and State antitrust laws be
11fully available to the extent that their activities are
12authorized by this amendatory Act of the 94th General Assembly.
13    (d) The Illinois Department shall establish, by rule, a
14co-payment scale that provides for cost sharing by families
15that receive child care services, including parents whose only
16income is from assistance under this Code. The co-payment shall
17be based on family income and family size and may be based on
18other factors as appropriate. Co-payments may be waived for
19families whose incomes are at or below the federal poverty
20level.
21    (d-5) The Illinois Department, in consultation with its
22Child Care and Development Advisory Council, shall develop a
23plan to revise the child care assistance program's co-payment
24scale. The plan shall be completed no later than February 1,
252008, and shall include:
26        (1) findings as to the percentage of income that the

 

 

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1    average American family spends on child care and the
2    relative amounts that low-income families and the average
3    American family spend on other necessities of life;
4        (2) recommendations for revising the child care
5    co-payment scale to assure that families receiving child
6    care services from the Department are paying no more than
7    they can reasonably afford;
8        (3) recommendations for revising the child care
9    co-payment scale to provide at-risk children with complete
10    access to Preschool for All and Head Start; and
11        (4) recommendations for changes in child care program
12    policies that affect the affordability of child care.
13    (e) (Blank).
14    (f) The Illinois Department shall, by rule, set rates to be
15paid for the various types of child care. Child care may be
16provided through one of the following methods:
17        (1) arranging the child care through eligible
18    providers by use of purchase of service contracts or
19    vouchers;
20        (2) arranging with other agencies and community
21    volunteer groups for non-reimbursed child care;
22        (3) (blank); or
23        (4) adopting such other arrangements as the Department
24    determines appropriate.
25    (f-1) Within 30 days after the effective date of this
26amendatory Act of the 100th General Assembly, the Department of

 

 

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1Human Services shall establish rates for child care providers
2that are no less than the rates in effect on January 1, 2018
3increased by 4.26%.
4    (f-5) (Blank).
5    (g) Families eligible for assistance under this Section
6shall be given the following options:
7        (1) receiving a child care certificate issued by the
8    Department or a subcontractor of the Department that may be
9    used by the parents as payment for child care and
10    development services only; or
11        (2) if space is available, enrolling the child with a
12    child care provider that has a purchase of service contract
13    with the Department or a subcontractor of the Department
14    for the provision of child care and development services.
15    The Department may identify particular priority
16    populations for whom they may request special
17    consideration by a provider with purchase of service
18    contracts, provided that the providers shall be permitted
19    to maintain a balance of clients in terms of household
20    incomes and families and children with special needs, as
21    defined by rule.
22(Source: P.A. 100-387, eff. 8-25-17.)
 
23    (305 ILCS 5/12-4.11)  (from Ch. 23, par. 12-4.11)
24    Sec. 12-4.11. Grant amounts. The Department, with due
25regard for and subject to budgetary limitations, shall

 

 

10000HB3342sam003- 448 -LRB100 08528 JWD 41189 a

1establish grant amounts for each of the programs, by
2regulation. The grant amounts may vary by program, size of
3assistance unit and geographic area. Grant amounts under the
4Temporary Assistance for Needy Families (TANF) program may not
5vary on the basis of a TANF recipient's county of residence.
6    Aid payments shall not be reduced except: (1) for changes
7in the cost of items included in the grant amounts, or (2) for
8changes in the expenses of the recipient, or (3) for changes in
9the income or resources available to the recipient, or (4) for
10changes in grants resulting from adoption of a consolidated
11grant amount.
12    The maximum benefit levels provided to TANF recipients
13shall increase as follows: beginning October 1, 2018, the
14Department of Human Services shall increase TANF grant amounts
15in effect on September 30, 2018 to at least 30% of the most
16recent United States Department of Health and Human Services
17Federal Poverty Guidelines for each family size.
18    TANF grants for child-only assistance units shall be at
19least 75% of TANF grants for assistance units of the same size
20that consist of a caretaker relative with children.
21    Subject to appropriation, beginning on July 1, 2008, the
22Department of Human Services shall increase TANF grant amounts
23in effect on June 30, 2008 by 15%. The Department is authorized
24to administer this increase but may not otherwise adopt any
25rule to implement this increase.
26    In fixing standards to govern payments or reimbursements

 

 

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1for funeral and burial expenses, the Department shall establish
2a minimum allowable amount of not less than $1,000 for
3Department payment of funeral services and not less than $500
4for Department payment of burial or cremation services. On
5January 1, 2006, July 1, 2006, and July 1, 2007, the Department
6shall increase the minimum reimbursement amount for funeral and
7burial expenses under this Section by a percentage equal to the
8percentage increase in the Consumer Price Index for All Urban
9Consumers, if any, during the 12 months immediately preceding
10that January 1 or July 1. In establishing the minimum allowable
11amount, the Department shall take into account the services
12essential to a dignified, low-cost (i) funeral and (ii) burial
13or cremation, including reasonable amounts that may be
14necessary for burial space and cemetery charges, and any
15applicable taxes or other required governmental fees or
16charges. If no person has agreed to pay the total cost of the
17(i) funeral and (ii) burial or cremation charges, the
18Department shall pay the vendor the actual costs of the (i)
19funeral and (ii) burial or cremation, or the minimum allowable
20amount for each service as established by the Department,
21whichever is less, provided that the Department reduces its
22payments by the amount available from the following sources:
23the decedent's assets and available resources and the
24anticipated amounts of any death benefits available to the
25decedent's estate, and amounts paid and arranged to be paid by
26the decedent's legally responsible relatives. A legally

 

 

10000HB3342sam003- 450 -LRB100 08528 JWD 41189 a

1responsible relative is expected to pay (i) funeral and (ii)
2burial or cremation expenses unless financially unable to do
3so.
4    Nothing contained in this Section or in any other Section
5of this Code shall be construed to prohibit the Illinois
6Department (1) from consolidating existing standards on the
7basis of any standards which are or were in effect on, or
8subsequent to July 1, 1969, or (2) from employing any
9consolidated standards in determining need for public aid and
10the amount of money payment or grant for individual recipients
11or recipient families.
12(Source: P.A. 95-744, eff. 7-18-08; 95-1055, eff. 4-10-09;
1396-1000, eff. 7-2-10.)
 
14
ARTICLE 70. GENERAL ASSEMBLY

 
15    Section 70-5. The General Assembly Compensation Act is
16amended by changing Section 1 as follows:
 
17    (25 ILCS 115/1)  (from Ch. 63, par. 14)
18    Sec. 1. Each member of the General Assembly shall receive
19an annual salary of $28,000 or as set by the Compensation
20Review Board, whichever is greater. The following named
21officers, committee chairmen and committee minority spokesmen
22shall receive additional amounts per year for their services as
23such officers, committee chairmen and committee minority

 

 

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1spokesmen respectively, as set by the Compensation Review Board
2or, as follows, whichever is greater: Beginning the second
3Wednesday in January 1989, the Speaker and the minority leader
4of the House of Representatives and the President and the
5minority leader of the Senate, $16,000 each; the majority
6leader in the House of Representatives $13,500; 6 assistant
7majority leaders and 5 assistant minority leaders in the
8Senate, $12,000 each; 6 assistant majority leaders and 6
9assistant minority leaders in the House of Representatives,
10$10,500 each; 2 Deputy Majority leaders in the House of
11Representatives $11,500 each; and 2 Deputy Minority leaders in
12the House of Representatives, $11,500 each; the majority caucus
13chairman and minority caucus chairman in the Senate, $12,000
14each; and beginning the second Wednesday in January, 1989, the
15majority conference chairman and the minority conference
16chairman in the House of Representatives, $10,500 each;
17beginning the second Wednesday in January, 1989, the chairman
18and minority spokesman of each standing committee of the
19Senate, except the Rules Committee, the Committee on
20Committees, and the Committee on Assignment of Bills, $6,000
21each; and beginning the second Wednesday in January, 1989, the
22chairman and minority spokesman of each standing and select
23committee of the House of Representatives, $6,000 each. A
24member who serves in more than one position as an officer,
25committee chairman, or committee minority spokesman shall
26receive only one additional amount based on the position paying

 

 

10000HB3342sam003- 452 -LRB100 08528 JWD 41189 a

1the highest additional amount. The compensation provided for in
2this Section to be paid per year to members of the General
3Assembly, including the additional sums payable per year to
4officers of the General Assembly shall be paid in 12 equal
5monthly installments. The first such installment is payable on
6January 31, 1977. All subsequent equal monthly installments are
7payable on the last working day of the month. A member who has
8held office any part of a month is entitled to compensation for
9an entire month.
10    Mileage shall be paid at the rate of 20 cents per mile
11before January 9, 1985, and at the mileage allowance rate in
12effect under regulations promulgated pursuant to 5 U.S.C.
135707(b)(2) beginning January 9, 1985, for the number of actual
14highway miles necessarily and conveniently traveled by the most
15feasible route to be present upon convening of the sessions of
16the General Assembly by such member in each and every trip
17during each session in going to and returning from the seat of
18government, to be computed by the Comptroller. A member
19traveling by public transportation for such purposes, however,
20shall be paid his actual cost of that transportation instead of
21on the mileage rate if his cost of public transportation
22exceeds the amount to which he would be entitled on a mileage
23basis. No member may be paid, whether on a mileage basis or for
24actual costs of public transportation, for more than one such
25trip for each week the General Assembly is actually in session.
26Each member shall also receive an allowance of $36 per day for

 

 

10000HB3342sam003- 453 -LRB100 08528 JWD 41189 a

1lodging and meals while in attendance at sessions of the
2General Assembly before January 9, 1985; beginning January 9,
31985, such food and lodging allowance shall be equal to the
4amount per day permitted to be deducted for such expenses under
5the Internal Revenue Code; however, beginning May 31, 1995, no
6allowance for food and lodging while in attendance at sessions
7is authorized for periods of time after the last day in May of
8each calendar year, except (i) if the General Assembly is
9convened in special session by either the Governor or the
10presiding officers of both houses, as provided by subsection
11(b) of Section 5 of Article IV of the Illinois Constitution or
12(ii) if the General Assembly is convened to consider bills
13vetoed, item vetoed, reduced, or returned with specific
14recommendations for change by the Governor as provided in
15Section 9 of Article IV of the Illinois Constitution. For
16fiscal year 2011 and for session days in fiscal years 2012,
172013, 2014, 2015, 2016, 2017, and 2018, and 2019 only (i) the
18allowance for lodging and meals is $111 per day and (ii)
19mileage for automobile travel shall be reimbursed at a rate of
20$0.39 per mile.
21    Notwithstanding any other provision of law to the contrary,
22beginning in fiscal year 2012, travel reimbursement for General
23Assembly members on non-session days shall be calculated using
24the guidelines set forth by the Legislative Travel Control
25Board, except that fiscal year 2012, 2013, 2014, 2015, 2016,
262017, and 2018, and 2019 mileage reimbursement is set at a rate

 

 

10000HB3342sam003- 454 -LRB100 08528 JWD 41189 a

1of $0.39 per mile.
2    If a member dies having received only a portion of the
3amount payable as compensation, the unpaid balance shall be
4paid to the surviving spouse of such member, or, if there be
5none, to the estate of such member.
6(Source: P.A. 99-355, eff. 8-13-15; 99-523, eff. 6-30-16;
7100-25, eff. 7-26-17.)
 
8    Section 70-10. The Compensation Review Act is amended by
9adding Section 6.6 as follows:
 
10    (25 ILCS 120/6.6 new)
11    Sec. 6.6. FY19 COLAs prohibited. Notwithstanding any
12former or current provision of this Act, any other law, any
13report of the Compensation Review Board, or any resolution of
14the General Assembly to the contrary, members of the General
15Assembly, elected executive branch constitutional officers of
16State government, and persons in certain appointed offices of
17State government, including the membership of State
18departments, agencies, boards, and commissions, whose annual
19compensation previously was recommended or determined by the
20Compensation Review Board, are prohibited from receiving and
21shall not receive any increase in compensation that would
22otherwise apply based on a cost of living adjustment, as
23authorized by Senate Joint Resolution 192 of the 86th General
24Assembly, for or during the fiscal year beginning July 1, 2018.
 

 

 

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1
ARTICLE 75. TAX PROVISIONS

 
2    Section 75-5. The Illinois Income Tax Act is amended by
3changing Sections 223 and 227 as follows:
 
4    (35 ILCS 5/223)
5    Sec. 223. Hospital credit.
6    (a) For tax years ending on or after December 31, 2012 and
7ending on or before December 31, 2022, a taxpayer that is the
8owner of a hospital licensed under the Hospital Licensing Act,
9but not including an organization that is exempt from federal
10income taxes under the Internal Revenue Code, is entitled to a
11credit against the taxes imposed under subsections (a) and (b)
12of Section 201 of this Act in an amount equal to the lesser of
13the amount of real property taxes paid during the tax year on
14real property used for hospital purposes during the prior tax
15year or the cost of free or discounted services provided during
16the tax year pursuant to the hospital's charitable financial
17assistance policy, measured at cost.
18    (b) If the taxpayer is a partnership or Subchapter S
19corporation, the credit is allowed to the partners or
20shareholders in accordance with the determination of income and
21distributive share of income under Sections 702 and 704 and
22Subchapter S of the Internal Revenue Code. A transfer of this
23credit may be made by the taxpayer earning the credit within

 

 

10000HB3342sam003- 456 -LRB100 08528 JWD 41189 a

1one year after the credit is earned in accordance with rules
2adopted by the Department. The Department shall prescribe rules
3to enforce and administer provisions of this Section. If the
4amount of the credit exceeds the tax liability for the year,
5then the excess credit may be carried forward and applied to
6the tax liability of the 5 taxable years following the excess
7credit year. The credit shall be applied to the earliest year
8for which there is a tax liability. If there are credits from
9more than one tax year that are available to offset a
10liability, the earlier credit shall be applied first. In no
11event shall a credit under this Section reduce the taxpayer's
12liability to less than zero.
13(Source: P.A. 97-688, eff. 6-14-12.)
 
14    (35 ILCS 5/227 new)
15    Sec. 227. Adoption credit.
16    (a) Beginning with tax years ending on or after December
1731, 2018, in the case of an individual taxpayer there shall be
18allowed a credit against the tax imposed by subsections (a) and
19(b) of Section 201 in an amount equal to the amount of the
20federal adoption tax credit received pursuant to Section 23 of
21the Internal Revenue Code with respect to the adoption of a
22qualifying dependent child, subject to the limitations set
23forth in this subsection and subsection (b). The aggregate
24amount of qualified adoption expenses which may be taken into
25account under this Section for all taxable years with respect

 

 

10000HB3342sam003- 457 -LRB100 08528 JWD 41189 a

1to the adoption of a qualifying dependent child by the taxpayer
2shall not exceed $2,000 ($1,000 in the case of a married
3individual filing a separate return). The credit under this
4Section shall be allowed: (i) in the case of any expense paid
5or incurred before the taxable year in which such adoption
6becomes final, for the taxable year following the taxable year
7during which such expense is paid or incurred, and (ii) in the
8case of an expense paid or incurred during or after the taxable
9year in which such adoption becomes final, for the taxable year
10in which such expense is paid or incurred. No credit shall be
11allowed under this Section for any expense to the extent that
12funds for such expense are received under any Federal, State,
13or local program. For purposes of this Section, spouses filing
14a joint return shall be considered one taxpayer.
15    For a non-resident or part-year resident, the amount of the
16credit under this Section shall be in proportion to the amount
17of income attributable to this State.
18    (b) Increased credit amount for resident children. With
19respect to the adoption of an eligible child who is at least
20one year old and resides in Illinois at the time the expenses
21are paid or incurred, subsection (a) shall be applied by
22substituting $5,000 ($2,500 in the case of a married individual
23filing a separate return) for $2,000.
24    (c) In no event shall a credit under this Section reduce
25the taxpayer's liability to less than zero. If the amount of
26the credit exceeds the income tax liability for the applicable

 

 

10000HB3342sam003- 458 -LRB100 08528 JWD 41189 a

1tax year, the excess may be carried forward and applied to the
2tax liability of the 5 taxable years following the excess
3credit year. The credit shall be applied to the earliest year
4for which there is a tax liability. If there are credits from
5more than one year that are available to offset a liability,
6the earlier credit shall be applied first.
7    (d) The term "qualified adoption expenses" shall have the
8same meaning as under Section 23(d) of the Internal Revenue
9Code.
 
10
ARTICLE 80. MARKETPLACE FAIRNESS

 
11    Section 80-5. The Use Tax Act is amended by changing
12Section 2 as follows:
 
13    (35 ILCS 105/2)  (from Ch. 120, par. 439.2)
14    Sec. 2. Definitions.
15    "Use" means the exercise by any person of any right or
16power over tangible personal property incident to the ownership
17of that property, except that it does not include the sale of
18such property in any form as tangible personal property in the
19regular course of business to the extent that such property is
20not first subjected to a use for which it was purchased, and
21does not include the use of such property by its owner for
22demonstration purposes: Provided that the property purchased
23is deemed to be purchased for the purpose of resale, despite

 

 

10000HB3342sam003- 459 -LRB100 08528 JWD 41189 a

1first being used, to the extent to which it is resold as an
2ingredient of an intentionally produced product or by-product
3of manufacturing. "Use" does not mean the demonstration use or
4interim use of tangible personal property by a retailer before
5he sells that tangible personal property. For watercraft or
6aircraft, if the period of demonstration use or interim use by
7the retailer exceeds 18 months, the retailer shall pay on the
8retailers' original cost price the tax imposed by this Act, and
9no credit for that tax is permitted if the watercraft or
10aircraft is subsequently sold by the retailer. "Use" does not
11mean the physical incorporation of tangible personal property,
12to the extent not first subjected to a use for which it was
13purchased, as an ingredient or constituent, into other tangible
14personal property (a) which is sold in the regular course of
15business or (b) which the person incorporating such ingredient
16or constituent therein has undertaken at the time of such
17purchase to cause to be transported in interstate commerce to
18destinations outside the State of Illinois: Provided that the
19property purchased is deemed to be purchased for the purpose of
20resale, despite first being used, to the extent to which it is
21resold as an ingredient of an intentionally produced product or
22by-product of manufacturing.
23    "Watercraft" means a Class 2, Class 3, or Class 4
24watercraft as defined in Section 3-2 of the Boat Registration
25and Safety Act, a personal watercraft, or any boat equipped
26with an inboard motor.

 

 

10000HB3342sam003- 460 -LRB100 08528 JWD 41189 a

1    "Purchase at retail" means the acquisition of the ownership
2of or title to tangible personal property through a sale at
3retail.
4    "Purchaser" means anyone who, through a sale at retail,
5acquires the ownership of tangible personal property for a
6valuable consideration.
7    "Sale at retail" means any transfer of the ownership of or
8title to tangible personal property to a purchaser, for the
9purpose of use, and not for the purpose of resale in any form
10as tangible personal property to the extent not first subjected
11to a use for which it was purchased, for a valuable
12consideration: Provided that the property purchased is deemed
13to be purchased for the purpose of resale, despite first being
14used, to the extent to which it is resold as an ingredient of
15an intentionally produced product or by-product of
16manufacturing. For this purpose, slag produced as an incident
17to manufacturing pig iron or steel and sold is considered to be
18an intentionally produced by-product of manufacturing. "Sale
19at retail" includes any such transfer made for resale unless
20made in compliance with Section 2c of the Retailers' Occupation
21Tax Act, as incorporated by reference into Section 12 of this
22Act. Transactions whereby the possession of the property is
23transferred but the seller retains the title as security for
24payment of the selling price are sales.
25    "Sale at retail" shall also be construed to include any
26Illinois florist's sales transaction in which the purchase

 

 

10000HB3342sam003- 461 -LRB100 08528 JWD 41189 a

1order is received in Illinois by a florist and the sale is for
2use or consumption, but the Illinois florist has a florist in
3another state deliver the property to the purchaser or the
4purchaser's donee in such other state.
5    Nonreusable tangible personal property that is used by
6persons engaged in the business of operating a restaurant,
7cafeteria, or drive-in is a sale for resale when it is
8transferred to customers in the ordinary course of business as
9part of the sale of food or beverages and is used to deliver,
10package, or consume food or beverages, regardless of where
11consumption of the food or beverages occurs. Examples of those
12items include, but are not limited to nonreusable, paper and
13plastic cups, plates, baskets, boxes, sleeves, buckets or other
14containers, utensils, straws, placemats, napkins, doggie bags,
15and wrapping or packaging materials that are transferred to
16customers as part of the sale of food or beverages in the
17ordinary course of business.
18    The purchase, employment and transfer of such tangible
19personal property as newsprint and ink for the primary purpose
20of conveying news (with or without other information) is not a
21purchase, use or sale of tangible personal property.
22    "Selling price" means the consideration for a sale valued
23in money whether received in money or otherwise, including
24cash, credits, property other than as hereinafter provided, and
25services, but not including the value of or credit given for
26traded-in tangible personal property where the item that is

 

 

10000HB3342sam003- 462 -LRB100 08528 JWD 41189 a

1traded-in is of like kind and character as that which is being
2sold, and shall be determined without any deduction on account
3of the cost of the property sold, the cost of materials used,
4labor or service cost or any other expense whatsoever, but does
5not include interest or finance charges which appear as
6separate items on the bill of sale or sales contract nor
7charges that are added to prices by sellers on account of the
8seller's tax liability under the "Retailers' Occupation Tax
9Act", or on account of the seller's duty to collect, from the
10purchaser, the tax that is imposed by this Act, or, except as
11otherwise provided with respect to any cigarette tax imposed by
12a home rule unit, on account of the seller's tax liability
13under any local occupation tax administered by the Department,
14or, except as otherwise provided with respect to any cigarette
15tax imposed by a home rule unit on account of the seller's duty
16to collect, from the purchasers, the tax that is imposed under
17any local use tax administered by the Department. Effective
18December 1, 1985, "selling price" shall include charges that
19are added to prices by sellers on account of the seller's tax
20liability under the Cigarette Tax Act, on account of the
21seller's duty to collect, from the purchaser, the tax imposed
22under the Cigarette Use Tax Act, and on account of the seller's
23duty to collect, from the purchaser, any cigarette tax imposed
24by a home rule unit.
25    Notwithstanding any law to the contrary, for any motor
26vehicle, as defined in Section 1-146 of the Vehicle Code, that

 

 

10000HB3342sam003- 463 -LRB100 08528 JWD 41189 a

1is sold on or after January 1, 2015 for the purpose of leasing
2the vehicle for a defined period that is longer than one year
3and (1) is a motor vehicle of the second division that: (A) is
4a self-contained motor vehicle designed or permanently
5converted to provide living quarters for recreational,
6camping, or travel use, with direct walk through access to the
7living quarters from the driver's seat; (B) is of the van
8configuration designed for the transportation of not less than
97 nor more than 16 passengers; or (C) has a gross vehicle
10weight rating of 8,000 pounds or less or (2) is a motor vehicle
11of the first division, "selling price" or "amount of sale"
12means the consideration received by the lessor pursuant to the
13lease contract, including amounts due at lease signing and all
14monthly or other regular payments charged over the term of the
15lease. Also included in the selling price is any amount
16received by the lessor from the lessee for the leased vehicle
17that is not calculated at the time the lease is executed,
18including, but not limited to, excess mileage charges and
19charges for excess wear and tear. For sales that occur in
20Illinois, with respect to any amount received by the lessor
21from the lessee for the leased vehicle that is not calculated
22at the time the lease is executed, the lessor who purchased the
23motor vehicle does not incur the tax imposed by the Use Tax Act
24on those amounts, and the retailer who makes the retail sale of
25the motor vehicle to the lessor is not required to collect the
26tax imposed by this Act or to pay the tax imposed by the

 

 

10000HB3342sam003- 464 -LRB100 08528 JWD 41189 a

1Retailers' Occupation Tax Act on those amounts. However, the
2lessor who purchased the motor vehicle assumes the liability
3for reporting and paying the tax on those amounts directly to
4the Department in the same form (Illinois Retailers' Occupation
5Tax, and local retailers' occupation taxes, if applicable) in
6which the retailer would have reported and paid such tax if the
7retailer had accounted for the tax to the Department. For
8amounts received by the lessor from the lessee that are not
9calculated at the time the lease is executed, the lessor must
10file the return and pay the tax to the Department by the due
11date otherwise required by this Act for returns other than
12transaction returns. If the retailer is entitled under this Act
13to a discount for collecting and remitting the tax imposed
14under this Act to the Department with respect to the sale of
15the motor vehicle to the lessor, then the right to the discount
16provided in this Act shall be transferred to the lessor with
17respect to the tax paid by the lessor for any amount received
18by the lessor from the lessee for the leased vehicle that is
19not calculated at the time the lease is executed; provided that
20the discount is only allowed if the return is timely filed and
21for amounts timely paid. The "selling price" of a motor vehicle
22that is sold on or after January 1, 2015 for the purpose of
23leasing for a defined period of longer than one year shall not
24be reduced by the value of or credit given for traded-in
25tangible personal property owned by the lessor, nor shall it be
26reduced by the value of or credit given for traded-in tangible

 

 

10000HB3342sam003- 465 -LRB100 08528 JWD 41189 a

1personal property owned by the lessee, regardless of whether
2the trade-in value thereof is assigned by the lessee to the
3lessor. In the case of a motor vehicle that is sold for the
4purpose of leasing for a defined period of longer than one
5year, the sale occurs at the time of the delivery of the
6vehicle, regardless of the due date of any lease payments. A
7lessor who incurs a Retailers' Occupation Tax liability on the
8sale of a motor vehicle coming off lease may not take a credit
9against that liability for the Use Tax the lessor paid upon the
10purchase of the motor vehicle (or for any tax the lessor paid
11with respect to any amount received by the lessor from the
12lessee for the leased vehicle that was not calculated at the
13time the lease was executed) if the selling price of the motor
14vehicle at the time of purchase was calculated using the
15definition of "selling price" as defined in this paragraph.
16Notwithstanding any other provision of this Act to the
17contrary, lessors shall file all returns and make all payments
18required under this paragraph to the Department by electronic
19means in the manner and form as required by the Department.
20This paragraph does not apply to leases of motor vehicles for
21which, at the time the lease is entered into, the term of the
22lease is not a defined period, including leases with a defined
23initial period with the option to continue the lease on a
24month-to-month or other basis beyond the initial defined
25period.
26    The phrase "like kind and character" shall be liberally

 

 

10000HB3342sam003- 466 -LRB100 08528 JWD 41189 a

1construed (including but not limited to any form of motor
2vehicle for any form of motor vehicle, or any kind of farm or
3agricultural implement for any other kind of farm or
4agricultural implement), while not including a kind of item
5which, if sold at retail by that retailer, would be exempt from
6retailers' occupation tax and use tax as an isolated or
7occasional sale.
8    "Department" means the Department of Revenue.
9    "Person" means any natural individual, firm, partnership,
10association, joint stock company, joint adventure, public or
11private corporation, limited liability company, or a receiver,
12executor, trustee, guardian or other representative appointed
13by order of any court.
14    "Retailer" means and includes every person engaged in the
15business of making sales at retail as defined in this Section.
16    A person who holds himself or herself out as being engaged
17(or who habitually engages) in selling tangible personal
18property at retail is a retailer hereunder with respect to such
19sales (and not primarily in a service occupation)
20notwithstanding the fact that such person designs and produces
21such tangible personal property on special order for the
22purchaser and in such a way as to render the property of value
23only to such purchaser, if such tangible personal property so
24produced on special order serves substantially the same
25function as stock or standard items of tangible personal
26property that are sold at retail.

 

 

10000HB3342sam003- 467 -LRB100 08528 JWD 41189 a

1    A person whose activities are organized and conducted
2primarily as a not-for-profit service enterprise, and who
3engages in selling tangible personal property at retail
4(whether to the public or merely to members and their guests)
5is a retailer with respect to such transactions, excepting only
6a person organized and operated exclusively for charitable,
7religious or educational purposes either (1), to the extent of
8sales by such person to its members, students, patients or
9inmates of tangible personal property to be used primarily for
10the purposes of such person, or (2), to the extent of sales by
11such person of tangible personal property which is not sold or
12offered for sale by persons organized for profit. The selling
13of school books and school supplies by schools at retail to
14students is not "primarily for the purposes of" the school
15which does such selling. This paragraph does not apply to nor
16subject to taxation occasional dinners, social or similar
17activities of a person organized and operated exclusively for
18charitable, religious or educational purposes, whether or not
19such activities are open to the public.
20    A person who is the recipient of a grant or contract under
21Title VII of the Older Americans Act of 1965 (P.L. 92-258) and
22serves meals to participants in the federal Nutrition Program
23for the Elderly in return for contributions established in
24amount by the individual participant pursuant to a schedule of
25suggested fees as provided for in the federal Act is not a
26retailer under this Act with respect to such transactions.

 

 

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1    Persons who engage in the business of transferring tangible
2personal property upon the redemption of trading stamps are
3retailers hereunder when engaged in such business.
4    The isolated or occasional sale of tangible personal
5property at retail by a person who does not hold himself out as
6being engaged (or who does not habitually engage) in selling
7such tangible personal property at retail or a sale through a
8bulk vending machine does not make such person a retailer
9hereunder. However, any person who is engaged in a business
10which is not subject to the tax imposed by the "Retailers'
11Occupation Tax Act" because of involving the sale of or a
12contract to sell real estate or a construction contract to
13improve real estate, but who, in the course of conducting such
14business, transfers tangible personal property to users or
15consumers in the finished form in which it was purchased, and
16which does not become real estate, under any provision of a
17construction contract or real estate sale or real estate sales
18agreement entered into with some other person arising out of or
19because of such nontaxable business, is a retailer to the
20extent of the value of the tangible personal property so
21transferred. If, in such transaction, a separate charge is made
22for the tangible personal property so transferred, the value of
23such property, for the purposes of this Act, is the amount so
24separately charged, but not less than the cost of such property
25to the transferor; if no separate charge is made, the value of
26such property, for the purposes of this Act, is the cost to the

 

 

10000HB3342sam003- 469 -LRB100 08528 JWD 41189 a

1transferor of such tangible personal property.
2    "Retailer maintaining a place of business in this State",
3or any like term, means and includes any of the following
4retailers:
5        (1) 1. A retailer having or maintaining within this
6    State, directly or by a subsidiary, an office, distribution
7    house, sales house, warehouse or other place of business,
8    or any agent or other representative operating within this
9    State under the authority of the retailer or its
10    subsidiary, irrespective of whether such place of business
11    or agent or other representative is located here
12    permanently or temporarily, or whether such retailer or
13    subsidiary is licensed to do business in this State.
14    However, the ownership of property that is located at the
15    premises of a printer with which the retailer has
16    contracted for printing and that consists of the final
17    printed product, property that becomes a part of the final
18    printed product, or copy from which the printed product is
19    produced shall not result in the retailer being deemed to
20    have or maintain an office, distribution house, sales
21    house, warehouse, or other place of business within this
22    State.
23        (1.1) 1.1. A retailer having a contract with a person
24    located in this State under which the person, for a
25    commission or other consideration based upon the sale of
26    tangible personal property by the retailer, directly or

 

 

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1    indirectly refers potential customers to the retailer by
2    providing to the potential customers a promotional code or
3    other mechanism that allows the retailer to track purchases
4    referred by such persons. Examples of mechanisms that allow
5    the retailer to track purchases referred by such persons
6    include but are not limited to the use of a link on the
7    person's Internet website, promotional codes distributed
8    through the person's hand-delivered or mailed material,
9    and promotional codes distributed by the person through
10    radio or other broadcast media. The provisions of this
11    paragraph (1.1) 1.1 shall apply only if the cumulative
12    gross receipts from sales of tangible personal property by
13    the retailer to customers who are referred to the retailer
14    by all persons in this State under such contracts exceed
15    $10,000 during the preceding 4 quarterly periods ending on
16    the last day of March, June, September, and December. A
17    retailer meeting the requirements of this paragraph (1.1)
18    1.1 shall be presumed to be maintaining a place of business
19    in this State but may rebut this presumption by submitting
20    proof that the referrals or other activities pursued within
21    this State by such persons were not sufficient to meet the
22    nexus standards of the United States Constitution during
23    the preceding 4 quarterly periods.
24        (1.2) 1.2. Beginning July 1, 2011, a retailer having a
25    contract with a person located in this State under which:
26            (A) A. the retailer sells the same or substantially

 

 

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1        similar line of products as the person located in this
2        State and does so using an identical or substantially
3        similar name, trade name, or trademark as the person
4        located in this State; and
5            (B) B. the retailer provides a commission or other
6        consideration to the person located in this State based
7        upon the sale of tangible personal property by the
8        retailer.
9    The provisions of this paragraph (1.2) 1.2 shall apply only
10    if the cumulative gross receipts from sales of tangible
11    personal property by the retailer to customers in this
12    State under all such contracts exceed $10,000 during the
13    preceding 4 quarterly periods ending on the last day of
14    March, June, September, and December.
15        (2) 2. A retailer soliciting orders for tangible
16    personal property by means of a telecommunication or
17    television shopping system (which utilizes toll free
18    numbers) which is intended by the retailer to be broadcast
19    by cable television or other means of broadcasting, to
20    consumers located in this State.
21        (3) 3. A retailer, pursuant to a contract with a
22    broadcaster or publisher located in this State, soliciting
23    orders for tangible personal property by means of
24    advertising which is disseminated primarily to consumers
25    located in this State and only secondarily to bordering
26    jurisdictions.

 

 

10000HB3342sam003- 472 -LRB100 08528 JWD 41189 a

1        (4) 4. A retailer soliciting orders for tangible
2    personal property by mail if the solicitations are
3    substantial and recurring and if the retailer benefits from
4    any banking, financing, debt collection,
5    telecommunication, or marketing activities occurring in
6    this State or benefits from the location in this State of
7    authorized installation, servicing, or repair facilities.
8        (5) 5. A retailer that is owned or controlled by the
9    same interests that own or control any retailer engaging in
10    business in the same or similar line of business in this
11    State.
12        (6) 6. A retailer having a franchisee or licensee
13    operating under its trade name if the franchisee or
14    licensee is required to collect the tax under this Section.
15        (7) 7. A retailer, pursuant to a contract with a cable
16    television operator located in this State, soliciting
17    orders for tangible personal property by means of
18    advertising which is transmitted or distributed over a
19    cable television system in this State.
20        (8) 8. A retailer engaging in activities in Illinois,
21    which activities in the state in which the retail business
22    engaging in such activities is located would constitute
23    maintaining a place of business in that state.
24        (9) Beginning October 1, 2018, a retailer making sales
25    of tangible personal property to purchasers in Illinois
26    from outside of Illinois if:

 

 

10000HB3342sam003- 473 -LRB100 08528 JWD 41189 a

1            (A) the cumulative gross receipts from sales of
2        tangible personal property to purchasers in Illinois
3        are $100,000 or more; or
4            (B) the retailer enters into 200 or more separate
5        transactions for the sale of tangible personal
6        property to purchasers in Illinois.
7        The retailer shall determine on a quarterly basis,
8    ending on the last day of March, June, September, and
9    December, whether he or she meets the criteria of either
10    subparagraph (A) or (B) of this paragraph (9) for the
11    preceding 12-month period. If the retailer meets the
12    criteria of either subparagraph (A) or (B) for a 12-month
13    period, he or she is considered a retailer maintaining a
14    place of business in this State and is required to collect
15    and remit the tax imposed under this Act and file returns
16    for one year. At the end of that one-year period, the
17    retailer shall determine whether the retailer met the
18    criteria of either subparagraph (A) or (B) during the
19    preceding 12-month period. If the retailer met the criteria
20    in either subparagraph (A) or (B) for the preceding
21    12-month period, he or she is considered a retailer
22    maintaining a place of business in this State and is
23    required to collect and remit the tax imposed under this
24    Act and file returns for the subsequent year. If at the end
25    of a one-year period a retailer that was required to
26    collect and remit the tax imposed under this Act determines

 

 

10000HB3342sam003- 474 -LRB100 08528 JWD 41189 a

1    that he or she did not meet the criteria in either
2    subparagraph (A) or (B) during the preceding 12-month
3    period, the retailer shall subsequently determine on a
4    quarterly basis, ending on the last day of March, June,
5    September, and December, whether he or she meets the
6    criteria of either subparagraph (A) or (B) for the
7    preceding 12-month period.
8    "Bulk vending machine" means a vending machine, containing
9unsorted confections, nuts, toys, or other items designed
10primarily to be used or played with by children which, when a
11coin or coins of a denomination not larger than $0.50 are
12inserted, are dispensed in equal portions, at random and
13without selection by the customer.
14(Source: P.A. 98-628, eff. 1-1-15; 98-1080, eff. 8-26-14;
1598-1089, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
16    Section 80-10. The Service Use Tax Act is amended by
17changing Section 2 as follows:
 
18    (35 ILCS 110/2)  (from Ch. 120, par. 439.32)
19    Sec. 2. Definitions. In this Act:
20    "Use" means the exercise by any person of any right or
21power over tangible personal property incident to the ownership
22of that property, but does not include the sale or use for
23demonstration by him of that property in any form as tangible
24personal property in the regular course of business. "Use" does

 

 

10000HB3342sam003- 475 -LRB100 08528 JWD 41189 a

1not mean the interim use of tangible personal property nor the
2physical incorporation of tangible personal property, as an
3ingredient or constituent, into other tangible personal
4property, (a) which is sold in the regular course of business
5or (b) which the person incorporating such ingredient or
6constituent therein has undertaken at the time of such purchase
7to cause to be transported in interstate commerce to
8destinations outside the State of Illinois.
9    "Purchased from a serviceman" means the acquisition of the
10ownership of, or title to, tangible personal property through a
11sale of service.
12    "Purchaser" means any person who, through a sale of
13service, acquires the ownership of, or title to, any tangible
14personal property.
15    "Cost price" means the consideration paid by the serviceman
16for a purchase valued in money, whether paid in money or
17otherwise, including cash, credits and services, and shall be
18determined without any deduction on account of the supplier's
19cost of the property sold or on account of any other expense
20incurred by the supplier. When a serviceman contracts out part
21or all of the services required in his sale of service, it
22shall be presumed that the cost price to the serviceman of the
23property transferred to him or her by his or her subcontractor
24is equal to 50% of the subcontractor's charges to the
25serviceman in the absence of proof of the consideration paid by
26the subcontractor for the purchase of such property.

 

 

10000HB3342sam003- 476 -LRB100 08528 JWD 41189 a

1    "Selling price" means the consideration for a sale valued
2in money whether received in money or otherwise, including
3cash, credits and service, and shall be determined without any
4deduction on account of the serviceman's cost of the property
5sold, the cost of materials used, labor or service cost or any
6other expense whatsoever, but does not include interest or
7finance charges which appear as separate items on the bill of
8sale or sales contract nor charges that are added to prices by
9sellers on account of the seller's duty to collect, from the
10purchaser, the tax that is imposed by this Act.
11    "Department" means the Department of Revenue.
12    "Person" means any natural individual, firm, partnership,
13association, joint stock company, joint venture, public or
14private corporation, limited liability company, and any
15receiver, executor, trustee, guardian or other representative
16appointed by order of any court.
17    "Sale of service" means any transaction except:
18        (1) a retail sale of tangible personal property taxable
19    under the Retailers' Occupation Tax Act or under the Use
20    Tax Act.
21        (2) a sale of tangible personal property for the
22    purpose of resale made in compliance with Section 2c of the
23    Retailers' Occupation Tax Act.
24        (3) except as hereinafter provided, a sale or transfer
25    of tangible personal property as an incident to the
26    rendering of service for or by any governmental body, or

 

 

10000HB3342sam003- 477 -LRB100 08528 JWD 41189 a

1    for or by any corporation, society, association,
2    foundation or institution organized and operated
3    exclusively for charitable, religious or educational
4    purposes or any not-for-profit corporation, society,
5    association, foundation, institution or organization which
6    has no compensated officers or employees and which is
7    organized and operated primarily for the recreation of
8    persons 55 years of age or older. A limited liability
9    company may qualify for the exemption under this paragraph
10    only if the limited liability company is organized and
11    operated exclusively for educational purposes.
12        (4) (blank).
13        (4a) a sale or transfer of tangible personal property
14    as an incident to the rendering of service for owners,
15    lessors, or shippers of tangible personal property which is
16    utilized by interstate carriers for hire for use as rolling
17    stock moving in interstate commerce so long as so used by
18    interstate carriers for hire, and equipment operated by a
19    telecommunications provider, licensed as a common carrier
20    by the Federal Communications Commission, which is
21    permanently installed in or affixed to aircraft moving in
22    interstate commerce.
23        (4a-5) on and after July 1, 2003 and through June 30,
24    2004, a sale or transfer of a motor vehicle of the second
25    division with a gross vehicle weight in excess of 8,000
26    pounds as an incident to the rendering of service if that

 

 

10000HB3342sam003- 478 -LRB100 08528 JWD 41189 a

1    motor vehicle is subject to the commercial distribution fee
2    imposed under Section 3-815.1 of the Illinois Vehicle Code.
3    Beginning on July 1, 2004 and through June 30, 2005, the
4    use in this State of motor vehicles of the second division:
5    (i) with a gross vehicle weight rating in excess of 8,000
6    pounds; (ii) that are subject to the commercial
7    distribution fee imposed under Section 3-815.1 of the
8    Illinois Vehicle Code; and (iii) that are primarily used
9    for commercial purposes. Through June 30, 2005, this
10    exemption applies to repair and replacement parts added
11    after the initial purchase of such a motor vehicle if that
12    motor vehicle is used in a manner that would qualify for
13    the rolling stock exemption otherwise provided for in this
14    Act. For purposes of this paragraph, "used for commercial
15    purposes" means the transportation of persons or property
16    in furtherance of any commercial or industrial enterprise
17    whether for-hire or not.
18        (5) a sale or transfer of machinery and equipment used
19    primarily in the process of the manufacturing or
20    assembling, either in an existing, an expanded or a new
21    manufacturing facility, of tangible personal property for
22    wholesale or retail sale or lease, whether such sale or
23    lease is made directly by the manufacturer or by some other
24    person, whether the materials used in the process are owned
25    by the manufacturer or some other person, or whether such
26    sale or lease is made apart from or as an incident to the

 

 

10000HB3342sam003- 479 -LRB100 08528 JWD 41189 a

1    seller's engaging in a service occupation and the
2    applicable tax is a Service Use Tax or Service Occupation
3    Tax, rather than Use Tax or Retailers' Occupation Tax. The
4    exemption provided by this paragraph (5) does not include
5    machinery and equipment used in (i) the generation of
6    electricity for wholesale or retail sale; (ii) the
7    generation or treatment of natural or artificial gas for
8    wholesale or retail sale that is delivered to customers
9    through pipes, pipelines, or mains; or (iii) the treatment
10    of water for wholesale or retail sale that is delivered to
11    customers through pipes, pipelines, or mains. The
12    provisions of Public Act 98-583 this amendatory Act of the
13    98th General Assembly are declaratory of existing law as to
14    the meaning and scope of this exemption. The exemption
15    under this paragraph (5) is exempt from the provisions of
16    Section 3-75.
17        (5a) the repairing, reconditioning or remodeling, for
18    a common carrier by rail, of tangible personal property
19    which belongs to such carrier for hire, and as to which
20    such carrier receives the physical possession of the
21    repaired, reconditioned or remodeled item of tangible
22    personal property in Illinois, and which such carrier
23    transports, or shares with another common carrier in the
24    transportation of such property, out of Illinois on a
25    standard uniform bill of lading showing the person who
26    repaired, reconditioned or remodeled the property to a

 

 

10000HB3342sam003- 480 -LRB100 08528 JWD 41189 a

1    destination outside Illinois, for use outside Illinois.
2        (5b) a sale or transfer of tangible personal property
3    which is produced by the seller thereof on special order in
4    such a way as to have made the applicable tax the Service
5    Occupation Tax or the Service Use Tax, rather than the
6    Retailers' Occupation Tax or the Use Tax, for an interstate
7    carrier by rail which receives the physical possession of
8    such property in Illinois, and which transports such
9    property, or shares with another common carrier in the
10    transportation of such property, out of Illinois on a
11    standard uniform bill of lading showing the seller of the
12    property as the shipper or consignor of such property to a
13    destination outside Illinois, for use outside Illinois.
14        (6) until July 1, 2003, a sale or transfer of
15    distillation machinery and equipment, sold as a unit or kit
16    and assembled or installed by the retailer, which machinery
17    and equipment is certified by the user to be used only for
18    the production of ethyl alcohol that will be used for
19    consumption as motor fuel or as a component of motor fuel
20    for the personal use of such user and not subject to sale
21    or resale.
22        (7) at the election of any serviceman not required to
23    be otherwise registered as a retailer under Section 2a of
24    the Retailers' Occupation Tax Act, made for each fiscal
25    year sales of service in which the aggregate annual cost
26    price of tangible personal property transferred as an

 

 

10000HB3342sam003- 481 -LRB100 08528 JWD 41189 a

1    incident to the sales of service is less than 35%, or 75%
2    in the case of servicemen transferring prescription drugs
3    or servicemen engaged in graphic arts production, of the
4    aggregate annual total gross receipts from all sales of
5    service. The purchase of such tangible personal property by
6    the serviceman shall be subject to tax under the Retailers'
7    Occupation Tax Act and the Use Tax Act. However, if a
8    primary serviceman who has made the election described in
9    this paragraph subcontracts service work to a secondary
10    serviceman who has also made the election described in this
11    paragraph, the primary serviceman does not incur a Use Tax
12    liability if the secondary serviceman (i) has paid or will
13    pay Use Tax on his or her cost price of any tangible
14    personal property transferred to the primary serviceman
15    and (ii) certifies that fact in writing to the primary
16    serviceman.
17    Tangible personal property transferred incident to the
18completion of a maintenance agreement is exempt from the tax
19imposed pursuant to this Act.
20    Exemption (5) also includes machinery and equipment used in
21the general maintenance or repair of such exempt machinery and
22equipment or for in-house manufacture of exempt machinery and
23equipment. On and after July 1, 2017, exemption (5) also
24includes graphic arts machinery and equipment, as defined in
25paragraph (5) of Section 3-5. The machinery and equipment
26exemption does not include machinery and equipment used in (i)

 

 

10000HB3342sam003- 482 -LRB100 08528 JWD 41189 a

1the generation of electricity for wholesale or retail sale;
2(ii) the generation or treatment of natural or artificial gas
3for wholesale or retail sale that is delivered to customers
4through pipes, pipelines, or mains; or (iii) the treatment of
5water for wholesale or retail sale that is delivered to
6customers through pipes, pipelines, or mains. The provisions of
7Public Act 98-583 this amendatory Act of the 98th General
8Assembly are declaratory of existing law as to the meaning and
9scope of this exemption. For the purposes of exemption (5),
10each of these terms shall have the following meanings: (1)
11"manufacturing process" shall mean the production of any
12article of tangible personal property, whether such article is
13a finished product or an article for use in the process of
14manufacturing or assembling a different article of tangible
15personal property, by procedures commonly regarded as
16manufacturing, processing, fabricating, or refining which
17changes some existing material or materials into a material
18with a different form, use or name. In relation to a recognized
19integrated business composed of a series of operations which
20collectively constitute manufacturing, or individually
21constitute manufacturing operations, the manufacturing process
22shall be deemed to commence with the first operation or stage
23of production in the series, and shall not be deemed to end
24until the completion of the final product in the last operation
25or stage of production in the series; and further, for purposes
26of exemption (5), photoprocessing is deemed to be a

 

 

10000HB3342sam003- 483 -LRB100 08528 JWD 41189 a

1manufacturing process of tangible personal property for
2wholesale or retail sale; (2) "assembling process" shall mean
3the production of any article of tangible personal property,
4whether such article is a finished product or an article for
5use in the process of manufacturing or assembling a different
6article of tangible personal property, by the combination of
7existing materials in a manner commonly regarded as assembling
8which results in a material of a different form, use or name;
9(3) "machinery" shall mean major mechanical machines or major
10components of such machines contributing to a manufacturing or
11assembling process; and (4) "equipment" shall include any
12independent device or tool separate from any machinery but
13essential to an integrated manufacturing or assembly process;
14including computers used primarily in a manufacturer's
15computer assisted design, computer assisted manufacturing
16(CAD/CAM) system; or any subunit or assembly comprising a
17component of any machinery or auxiliary, adjunct or attachment
18parts of machinery, such as tools, dies, jigs, fixtures,
19patterns and molds; or any parts which require periodic
20replacement in the course of normal operation; but shall not
21include hand tools. Equipment includes chemicals or chemicals
22acting as catalysts but only if the chemicals or chemicals
23acting as catalysts effect a direct and immediate change upon a
24product being manufactured or assembled for wholesale or retail
25sale or lease. The purchaser of such machinery and equipment
26who has an active resale registration number shall furnish such

 

 

10000HB3342sam003- 484 -LRB100 08528 JWD 41189 a

1number to the seller at the time of purchase. The user of such
2machinery and equipment and tools without an active resale
3registration number shall prepare a certificate of exemption
4for each transaction stating facts establishing the exemption
5for that transaction, which certificate shall be available to
6the Department for inspection or audit. The Department shall
7prescribe the form of the certificate.
8    Any informal rulings, opinions or letters issued by the
9Department in response to an inquiry or request for any opinion
10from any person regarding the coverage and applicability of
11exemption (5) to specific devices shall be published,
12maintained as a public record, and made available for public
13inspection and copying. If the informal ruling, opinion or
14letter contains trade secrets or other confidential
15information, where possible the Department shall delete such
16information prior to publication. Whenever such informal
17rulings, opinions, or letters contain any policy of general
18applicability, the Department shall formulate and adopt such
19policy as a rule in accordance with the provisions of the
20Illinois Administrative Procedure Act.
21    On and after July 1, 1987, no entity otherwise eligible
22under exemption (3) of this Section shall make tax-free tax
23free purchases unless it has an active exemption identification
24number issued by the Department.
25    The purchase, employment and transfer of such tangible
26personal property as newsprint and ink for the primary purpose

 

 

10000HB3342sam003- 485 -LRB100 08528 JWD 41189 a

1of conveying news (with or without other information) is not a
2purchase, use or sale of service or of tangible personal
3property within the meaning of this Act.
4    "Serviceman" means any person who is engaged in the
5occupation of making sales of service.
6    "Sale at retail" means "sale at retail" as defined in the
7Retailers' Occupation Tax Act.
8    "Supplier" means any person who makes sales of tangible
9personal property to servicemen for the purpose of resale as an
10incident to a sale of service.
11    "Serviceman maintaining a place of business in this State",
12or any like term, means and includes any serviceman:
13        (1) 1. having or maintaining within this State,
14    directly or by a subsidiary, an office, distribution house,
15    sales house, warehouse or other place of business, or any
16    agent or other representative operating within this State
17    under the authority of the serviceman or its subsidiary,
18    irrespective of whether such place of business or agent or
19    other representative is located here permanently or
20    temporarily, or whether such serviceman or subsidiary is
21    licensed to do business in this State;
22        (1.1) 1.1. having a contract with a person located in
23    this State under which the person, for a commission or
24    other consideration based on the sale of service by the
25    serviceman, directly or indirectly refers potential
26    customers to the serviceman by providing to the potential

 

 

10000HB3342sam003- 486 -LRB100 08528 JWD 41189 a

1    customers a promotional code or other mechanism that allows
2    the serviceman to track purchases referred by such persons.
3    Examples of mechanisms that allow the serviceman to track
4    purchases referred by such persons include but are not
5    limited to the use of a link on the person's Internet
6    website, promotional codes distributed through the
7    person's hand-delivered or mailed material, and
8    promotional codes distributed by the person through radio
9    or other broadcast media. The provisions of this paragraph
10    (1.1) 1.1 shall apply only if the cumulative gross receipts
11    from sales of service by the serviceman to customers who
12    are referred to the serviceman by all persons in this State
13    under such contracts exceed $10,000 during the preceding 4
14    quarterly periods ending on the last day of March, June,
15    September, and December; a serviceman meeting the
16    requirements of this paragraph (1.1) 1.1 shall be presumed
17    to be maintaining a place of business in this State but may
18    rebut this presumption by submitting proof that the
19    referrals or other activities pursued within this State by
20    such persons were not sufficient to meet the nexus
21    standards of the United States Constitution during the
22    preceding 4 quarterly periods;
23        (1.2) 1.2. beginning July 1, 2011, having a contract
24    with a person located in this State under which:
25            (A) A. the serviceman sells the same or
26        substantially similar line of services as the person

 

 

10000HB3342sam003- 487 -LRB100 08528 JWD 41189 a

1        located in this State and does so using an identical or
2        substantially similar name, trade name, or trademark
3        as the person located in this State; and
4            (B) B. the serviceman provides a commission or
5        other consideration to the person located in this State
6        based upon the sale of services by the serviceman.
7    The provisions of this paragraph (1.2) 1.2 shall apply only
8    if the cumulative gross receipts from sales of service by
9    the serviceman to customers in this State under all such
10    contracts exceed $10,000 during the preceding 4 quarterly
11    periods ending on the last day of March, June, September,
12    and December;
13        (2) 2. soliciting orders for tangible personal
14    property by means of a telecommunication or television
15    shopping system (which utilizes toll free numbers) which is
16    intended by the retailer to be broadcast by cable
17    television or other means of broadcasting, to consumers
18    located in this State;
19        (3) 3. pursuant to a contract with a broadcaster or
20    publisher located in this State, soliciting orders for
21    tangible personal property by means of advertising which is
22    disseminated primarily to consumers located in this State
23    and only secondarily to bordering jurisdictions;
24        (4) 4. soliciting orders for tangible personal
25    property by mail if the solicitations are substantial and
26    recurring and if the retailer benefits from any banking,

 

 

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1    financing, debt collection, telecommunication, or
2    marketing activities occurring in this State or benefits
3    from the location in this State of authorized installation,
4    servicing, or repair facilities;
5        (5) 5. being owned or controlled by the same interests
6    which own or control any retailer engaging in business in
7    the same or similar line of business in this State;
8        (6) 6. having a franchisee or licensee operating under
9    its trade name if the franchisee or licensee is required to
10    collect the tax under this Section;
11        (7) 7. pursuant to a contract with a cable television
12    operator located in this State, soliciting orders for
13    tangible personal property by means of advertising which is
14    transmitted or distributed over a cable television system
15    in this State; or
16        (8) 8. engaging in activities in Illinois, which
17    activities in the state in which the supply business
18    engaging in such activities is located would constitute
19    maintaining a place of business in that state; or .
20        (9) beginning October 1, 2018, making sales of service
21    to purchasers in Illinois from outside of Illinois if:
22            (A) the cumulative gross receipts from sales of
23        service to purchasers in Illinois are $100,000 or more;
24        or
25            (B) the serviceman enters into 200 or more separate
26        transactions for sales of service to purchasers in

 

 

10000HB3342sam003- 489 -LRB100 08528 JWD 41189 a

1        Illinois.
2        The serviceman shall determine on a quarterly basis,
3    ending on the last day of March, June, September, and
4    December, whether he or she meets the criteria of either
5    subparagraph (A) or (B) of this paragraph (9) for the
6    preceding 12-month period. If the serviceman meets the
7    criteria of either subparagraph (A) or (B) for a 12-month
8    period, he or she is considered a serviceman maintaining a
9    place of business in this State and is required to collect
10    and remit the tax imposed under this Act and file returns
11    for one year. At the end of that one-year period, the
12    serviceman shall determine whether the serviceman met the
13    criteria of either subparagraph (A) or (B) during the
14    preceding 12-month period. If the serviceman met the
15    criteria in either subparagraph (A) or (B) for the
16    preceding 12-month period, he or she is considered a
17    serviceman maintaining a place of business in this State
18    and is required to collect and remit the tax imposed under
19    this Act and file returns for the subsequent year. If at
20    the end of a one-year period a serviceman that was required
21    to collect and remit the tax imposed under this Act
22    determines that he or she did not meet the criteria in
23    either subparagraph (A) or (B) during the preceding
24    12-month period, the serviceman subsequently shall
25    determine on a quarterly basis, ending on the last day of
26    March, June, September, and December, whether he or she

 

 

10000HB3342sam003- 490 -LRB100 08528 JWD 41189 a

1    meets the criteria of either subparagraph (A) or (B) for
2    the preceding 12-month period.
3(Source: P.A. 100-22, eff. 7-6-17; 100-321, eff. 8-24-17;
4revised 9-27-17.)
 
5
ARTICLE 85. GAMING

 
6    Section 85-5. The Illinois Lottery Law is amended by
7changing Sections 7.12 and 9.1 as follows:
 
8    (20 ILCS 1605/7.12)
9    (Section scheduled to be repealed on July 1, 2018)
10    Sec. 7.12. Internet program.
11    (a) The General Assembly finds that:
12        (1) the consumer market in Illinois has changed since
13    the creation of the Illinois State Lottery in 1974;
14        (2) the Internet has become an integral part of
15    everyday life for a significant number of Illinois
16    residents not only in regards to their professional life,
17    but also in regards to personal business and communication;
18    and
19        (3) the current practices of selling lottery tickets
20    does not appeal to the new form of market participants who
21    prefer to make purchases on the Internet at their own
22    convenience.
23    It is the intent of the General Assembly to create an

 

 

10000HB3342sam003- 491 -LRB100 08528 JWD 41189 a

1Internet program for the sale of lottery tickets to capture
2this new form of market participant.
3    (b) The Department shall create a program that allows an
4individual 18 years of age or older to purchase lottery tickets
5or shares on the Internet without using a Lottery retailer with
6on-line status, as those terms are defined by rule. The
7Department shall restrict the sale of lottery tickets on the
8Internet to transactions initiated and received or otherwise
9made exclusively within the State of Illinois. The Department
10shall adopt rules necessary for the administration of this
11program. These rules shall include, among other things,
12requirements for marketing of the Lottery to infrequent
13players, as well as limitations on the purchases that may be
14made through any one individual's lottery account. The
15provisions of this Act and the rules adopted under this Act
16shall apply to the sale of lottery tickets or shares under this
17program.
18    Before beginning the program, the Department of the Lottery
19must submit a request to the United States Department of
20Justice for review of the State's plan to implement a program
21for the sale of lottery tickets on the Internet and its
22propriety under federal law. The Department shall implement the
23Internet program only if the Department of Justice does not
24object to the implementation of the program within a reasonable
25period of time after its review.
26    The Department is obligated to implement the program set

 

 

10000HB3342sam003- 492 -LRB100 08528 JWD 41189 a

1forth in this Section and Sections 7.15 and 7.16 only at such
2time, and to such extent, that the Department of Justice does
3not object to the implementation of the program within a
4reasonable period of time after its review. While the Illinois
5Lottery may only offer Lotto, Mega Millions, and Powerball
6games through the program, the Department shall request review
7from the federal Department of Justice for the Illinois Lottery
8to sell lottery tickets on the Internet on behalf of the State
9of Illinois that are not limited to just these games.
10    The Department shall authorize the private manager to
11implement and administer the program pursuant to the management
12agreement entered into under Section 9.1 and in a manner
13consistent with the provisions of this Section. If a private
14manager has not been selected pursuant to Section 9.1 at the
15time the Department is obligated to implement the program, then
16the Department shall not proceed with the program until after
17the selection of the private manager, at which time the
18Department shall authorize the private manager to implement and
19administer the program pursuant to the management agreement
20entered into under Section 9.1 and in a manner consistent with
21the provisions of this Section.
22    Nothing in this Section shall be construed as prohibiting
23the Department from implementing and operating a website portal
24whereby individuals who are 18 years of age or older with an
25Illinois mailing address may apply to purchase lottery tickets
26via subscription. Nothing in this Section shall also be

 

 

10000HB3342sam003- 493 -LRB100 08528 JWD 41189 a

1construed as prohibiting the sale of Lotto, Mega Millions, and
2Powerball games by a lottery licensee pursuant to the
3Department's rules.
4    (c) (Blank).
5    (d) This Section is repealed on July 1, 2019 2018.
6(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17.)
 
7    (20 ILCS 1605/9.1)
8    Sec. 9.1. Private manager and management agreement.
9    (a) As used in this Section:
10    "Offeror" means a person or group of persons that responds
11to a request for qualifications under this Section.
12    "Request for qualifications" means all materials and
13documents prepared by the Department to solicit the following
14from offerors:
15        (1) Statements of qualifications.
16        (2) Proposals to enter into a management agreement,
17    including the identity of any prospective vendor or vendors
18    that the offeror intends to initially engage to assist the
19    offeror in performing its obligations under the management
20    agreement.
21    "Final offer" means the last proposal submitted by an
22offeror in response to the request for qualifications,
23including the identity of any prospective vendor or vendors
24that the offeror intends to initially engage to assist the
25offeror in performing its obligations under the management

 

 

10000HB3342sam003- 494 -LRB100 08528 JWD 41189 a

1agreement.
2    "Final offeror" means the offeror ultimately selected by
3the Governor to be the private manager for the Lottery under
4subsection (h) of this Section.
5    (b) By September 15, 2010, the Governor shall select a
6private manager for the total management of the Lottery with
7integrated functions, such as lottery game design, supply of
8goods and services, and advertising and as specified in this
9Section.
10    (c) Pursuant to the terms of this subsection, the
11Department shall endeavor to expeditiously terminate the
12existing contracts in support of the Lottery in effect on the
13effective date of this amendatory Act of the 96th General
14Assembly in connection with the selection of the private
15manager. As part of its obligation to terminate these contracts
16and select the private manager, the Department shall establish
17a mutually agreeable timetable to transfer the functions of
18existing contractors to the private manager so that existing
19Lottery operations are not materially diminished or impaired
20during the transition. To that end, the Department shall do the
21following:
22        (1) where such contracts contain a provision
23    authorizing termination upon notice, the Department shall
24    provide notice of termination to occur upon the mutually
25    agreed timetable for transfer of functions;
26        (2) upon the expiration of any initial term or renewal

 

 

10000HB3342sam003- 495 -LRB100 08528 JWD 41189 a

1    term of the current Lottery contracts, the Department shall
2    not renew such contract for a term extending beyond the
3    mutually agreed timetable for transfer of functions; or
4        (3) in the event any current contract provides for
5    termination of that contract upon the implementation of a
6    contract with the private manager, the Department shall
7    perform all necessary actions to terminate the contract on
8    the date that coincides with the mutually agreed timetable
9    for transfer of functions.
10    If the contracts to support the current operation of the
11Lottery in effect on the effective date of this amendatory Act
12of the 96th General Assembly are not subject to termination as
13provided for in this subsection (c), then the Department may
14include a provision in the contract with the private manager
15specifying a mutually agreeable methodology for incorporation.
16    (c-5) The Department shall include provisions in the
17management agreement whereby the private manager shall, for a
18fee, and pursuant to a contract negotiated with the Department
19(the "Employee Use Contract"), utilize the services of current
20Department employees to assist in the administration and
21operation of the Lottery. The Department shall be the employer
22of all such bargaining unit employees assigned to perform such
23work for the private manager, and such employees shall be State
24employees, as defined by the Personnel Code. Department
25employees shall operate under the same employment policies,
26rules, regulations, and procedures, as other employees of the

 

 

10000HB3342sam003- 496 -LRB100 08528 JWD 41189 a

1Department. In addition, neither historical representation
2rights under the Illinois Public Labor Relations Act, nor
3existing collective bargaining agreements, shall be disturbed
4by the management agreement with the private manager for the
5management of the Lottery.
6    (d) The management agreement with the private manager shall
7include all of the following:
8        (1) A term not to exceed 10 years, including any
9    renewals.
10        (2) A provision specifying that the Department:
11            (A) shall exercise actual control over all
12        significant business decisions;
13            (A-5) has the authority to direct or countermand
14        operating decisions by the private manager at any time;
15            (B) has ready access at any time to information
16        regarding Lottery operations;
17            (C) has the right to demand and receive information
18        from the private manager concerning any aspect of the
19        Lottery operations at any time; and
20            (D) retains ownership of all trade names,
21        trademarks, and intellectual property associated with
22        the Lottery.
23        (3) A provision imposing an affirmative duty on the
24    private manager to provide the Department with material
25    information and with any information the private manager
26    reasonably believes the Department would want to know to

 

 

10000HB3342sam003- 497 -LRB100 08528 JWD 41189 a

1    enable the Department to conduct the Lottery.
2        (4) A provision requiring the private manager to
3    provide the Department with advance notice of any operating
4    decision that bears significantly on the public interest,
5    including, but not limited to, decisions on the kinds of
6    games to be offered to the public and decisions affecting
7    the relative risk and reward of the games being offered, so
8    the Department has a reasonable opportunity to evaluate and
9    countermand that decision.
10        (5) A provision providing for compensation of the
11    private manager that may consist of, among other things, a
12    fee for services and a performance based bonus as
13    consideration for managing the Lottery, including terms
14    that may provide the private manager with an increase in
15    compensation if Lottery revenues grow by a specified
16    percentage in a given year.
17        (6) (Blank).
18        (7) A provision requiring the deposit of all Lottery
19    proceeds to be deposited into the State Lottery Fund except
20    as otherwise provided in Section 20 of this Act.
21        (8) A provision requiring the private manager to locate
22    its principal office within the State.
23        (8-5) A provision encouraging that at least 20% of the
24    cost of contracts entered into for goods and services by
25    the private manager in connection with its management of
26    the Lottery, other than contracts with sales agents or

 

 

10000HB3342sam003- 498 -LRB100 08528 JWD 41189 a

1    technical advisors, be awarded to businesses that are a
2    minority-owned business, a women-owned business, or a
3    business owned by a person with disability, as those terms
4    are defined in the Business Enterprise for Minorities,
5    Women, and Persons with Disabilities Act.
6        (9) A requirement that so long as the private manager
7    complies with all the conditions of the agreement under the
8    oversight of the Department, the private manager shall have
9    the following duties and obligations with respect to the
10    management of the Lottery:
11            (A) The right to use equipment and other assets
12        used in the operation of the Lottery.
13            (B) The rights and obligations under contracts
14        with retailers and vendors.
15            (C) The implementation of a comprehensive security
16        program by the private manager.
17            (D) The implementation of a comprehensive system
18        of internal audits.
19            (E) The implementation of a program by the private
20        manager to curb compulsive gambling by persons playing
21        the Lottery.
22            (F) A system for determining (i) the type of
23        Lottery games, (ii) the method of selecting winning
24        tickets, (iii) the manner of payment of prizes to
25        holders of winning tickets, (iv) the frequency of
26        drawings of winning tickets, (v) the method to be used

 

 

10000HB3342sam003- 499 -LRB100 08528 JWD 41189 a

1        in selling tickets, (vi) a system for verifying the
2        validity of tickets claimed to be winning tickets,
3        (vii) the basis upon which retailer commissions are
4        established by the manager, and (viii) minimum
5        payouts.
6        (10) A requirement that advertising and promotion must
7    be consistent with Section 7.8a of this Act.
8        (11) A requirement that the private manager market the
9    Lottery to those residents who are new, infrequent, or
10    lapsed players of the Lottery, especially those who are
11    most likely to make regular purchases on the Internet as
12    permitted by law.
13        (12) A code of ethics for the private manager's
14    officers and employees.
15        (13) A requirement that the Department monitor and
16    oversee the private manager's practices and take action
17    that the Department considers appropriate to ensure that
18    the private manager is in compliance with the terms of the
19    management agreement, while allowing the manager, unless
20    specifically prohibited by law or the management
21    agreement, to negotiate and sign its own contracts with
22    vendors.
23        (14) A provision requiring the private manager to
24    periodically file, at least on an annual basis, appropriate
25    financial statements in a form and manner acceptable to the
26    Department.

 

 

10000HB3342sam003- 500 -LRB100 08528 JWD 41189 a

1        (15) Cash reserves requirements.
2        (16) Procedural requirements for obtaining the prior
3    approval of the Department when a management agreement or
4    an interest in a management agreement is sold, assigned,
5    transferred, or pledged as collateral to secure financing.
6        (17) Grounds for the termination of the management
7    agreement by the Department or the private manager.
8        (18) Procedures for amendment of the agreement.
9        (19) A provision requiring the private manager to
10    engage in an open and competitive bidding process for any
11    procurement having a cost in excess of $50,000 that is not
12    a part of the private manager's final offer. The process
13    shall favor the selection of a vendor deemed to have
14    submitted a proposal that provides the Lottery with the
15    best overall value. The process shall not be subject to the
16    provisions of the Illinois Procurement Code, unless
17    specifically required by the management agreement.
18        (20) The transition of rights and obligations,
19    including any associated equipment or other assets used in
20    the operation of the Lottery, from the manager to any
21    successor manager of the lottery, including the
22    Department, following the termination of or foreclosure
23    upon the management agreement.
24        (21) Right of use of copyrights, trademarks, and
25    service marks held by the Department in the name of the
26    State. The agreement must provide that any use of them by

 

 

10000HB3342sam003- 501 -LRB100 08528 JWD 41189 a

1    the manager shall only be for the purpose of fulfilling its
2    obligations under the management agreement during the term
3    of the agreement.
4        (22) The disclosure of any information requested by the
5    Department to enable it to comply with the reporting
6    requirements and information requests provided for under
7    subsection (p) of this Section.
8    (e) Notwithstanding any other law to the contrary, the
9Department shall select a private manager through a competitive
10request for qualifications process consistent with Section
1120-35 of the Illinois Procurement Code, which shall take into
12account:
13        (1) the offeror's ability to market the Lottery to
14    those residents who are new, infrequent, or lapsed players
15    of the Lottery, especially those who are most likely to
16    make regular purchases on the Internet;
17        (2) the offeror's ability to address the State's
18    concern with the social effects of gambling on those who
19    can least afford to do so;
20        (3) the offeror's ability to provide the most
21    successful management of the Lottery for the benefit of the
22    people of the State based on current and past business
23    practices or plans of the offeror; and
24        (4) the offeror's poor or inadequate past performance
25    in servicing, equipping, operating or managing a lottery on
26    behalf of Illinois, another State or foreign government and

 

 

10000HB3342sam003- 502 -LRB100 08528 JWD 41189 a

1    attracting persons who are not currently regular players of
2    a lottery.
3    (f) The Department may retain the services of an advisor or
4advisors with significant experience in financial services or
5the management, operation, and procurement of goods, services,
6and equipment for a government-run lottery to assist in the
7preparation of the terms of the request for qualifications and
8selection of the private manager. Any prospective advisor
9seeking to provide services under this subsection (f) shall
10disclose any material business or financial relationship
11during the past 3 years with any potential offeror, or with a
12contractor or subcontractor presently providing goods,
13services, or equipment to the Department to support the
14Lottery. The Department shall evaluate the material business or
15financial relationship of each prospective advisor. The
16Department shall not select any prospective advisor with a
17substantial business or financial relationship that the
18Department deems to impair the objectivity of the services to
19be provided by the prospective advisor. During the course of
20the advisor's engagement by the Department, and for a period of
21one year thereafter, the advisor shall not enter into any
22business or financial relationship with any offeror or any
23vendor identified to assist an offeror in performing its
24obligations under the management agreement. Any advisor
25retained by the Department shall be disqualified from being an
26offeror. The Department shall not include terms in the request

 

 

10000HB3342sam003- 503 -LRB100 08528 JWD 41189 a

1for qualifications that provide a material advantage whether
2directly or indirectly to any potential offeror, or any
3contractor or subcontractor presently providing goods,
4services, or equipment to the Department to support the
5Lottery, including terms contained in previous responses to
6requests for proposals or qualifications submitted to
7Illinois, another State or foreign government when those terms
8are uniquely associated with a particular potential offeror,
9contractor, or subcontractor. The request for proposals
10offered by the Department on December 22, 2008 as
11"LOT08GAMESYS" and reference number "22016176" is declared
12void.
13    (g) The Department shall select at least 2 offerors as
14finalists to potentially serve as the private manager no later
15than August 9, 2010. Upon making preliminary selections, the
16Department shall schedule a public hearing on the finalists'
17proposals and provide public notice of the hearing at least 7
18calendar days before the hearing. The notice must include all
19of the following:
20        (1) The date, time, and place of the hearing.
21        (2) The subject matter of the hearing.
22        (3) A brief description of the management agreement to
23    be awarded.
24        (4) The identity of the offerors that have been
25    selected as finalists to serve as the private manager.
26        (5) The address and telephone number of the Department.

 

 

10000HB3342sam003- 504 -LRB100 08528 JWD 41189 a

1    (h) At the public hearing, the Department shall (i) provide
2sufficient time for each finalist to present and explain its
3proposal to the Department and the Governor or the Governor's
4designee, including an opportunity to respond to questions
5posed by the Department, Governor, or designee and (ii) allow
6the public and non-selected offerors to comment on the
7presentations. The Governor or a designee shall attend the
8public hearing. After the public hearing, the Department shall
9have 14 calendar days to recommend to the Governor whether a
10management agreement should be entered into with a particular
11finalist. After reviewing the Department's recommendation, the
12Governor may accept or reject the Department's recommendation,
13and shall select a final offeror as the private manager by
14publication of a notice in the Illinois Procurement Bulletin on
15or before September 15, 2010. The Governor shall include in the
16notice a detailed explanation and the reasons why the final
17offeror is superior to other offerors and will provide
18management services in a manner that best achieves the
19objectives of this Section. The Governor shall also sign the
20management agreement with the private manager.
21    (i) Any action to contest the private manager selected by
22the Governor under this Section must be brought within 7
23calendar days after the publication of the notice of the
24designation of the private manager as provided in subsection
25(h) of this Section.
26    (j) The Lottery shall remain, for so long as a private

 

 

10000HB3342sam003- 505 -LRB100 08528 JWD 41189 a

1manager manages the Lottery in accordance with provisions of
2this Act, a Lottery conducted by the State, and the State shall
3not be authorized to sell or transfer the Lottery to a third
4party.
5    (k) Any tangible personal property used exclusively in
6connection with the lottery that is owned by the Department and
7leased to the private manager shall be owned by the Department
8in the name of the State and shall be considered to be public
9property devoted to an essential public and governmental
10function.
11    (l) The Department may exercise any of its powers under
12this Section or any other law as necessary or desirable for the
13execution of the Department's powers under this Section.
14    (m) Neither this Section nor any management agreement
15entered into under this Section prohibits the General Assembly
16from authorizing forms of gambling that are not in direct
17competition with the Lottery.
18    (n) The private manager shall be subject to a complete
19investigation in the third, seventh, and tenth years of the
20agreement (if the agreement is for a 10-year term) by the
21Department in cooperation with the Auditor General to determine
22whether the private manager has complied with this Section and
23the management agreement. The private manager shall bear the
24cost of an investigation or reinvestigation of the private
25manager under this subsection.
26    (o) The powers conferred by this Section are in addition

 

 

10000HB3342sam003- 506 -LRB100 08528 JWD 41189 a

1and supplemental to the powers conferred by any other law. If
2any other law or rule is inconsistent with this Section,
3including, but not limited to, provisions of the Illinois
4Procurement Code, then this Section controls as to any
5management agreement entered into under this Section. This
6Section and any rules adopted under this Section contain full
7and complete authority for a management agreement between the
8Department and a private manager. No law, procedure,
9proceeding, publication, notice, consent, approval, order, or
10act by the Department or any other officer, Department, agency,
11or instrumentality of the State or any political subdivision is
12required for the Department to enter into a management
13agreement under this Section. This Section contains full and
14complete authority for the Department to approve any contracts
15entered into by a private manager with a vendor providing
16goods, services, or both goods and services to the private
17manager under the terms of the management agreement, including
18subcontractors of such vendors.
19    Upon receipt of a written request from the Chief
20Procurement Officer, the Department shall provide to the Chief
21Procurement Officer a complete and un-redacted copy of the
22management agreement or any contract that is subject to the
23Department's approval authority under this subsection (o). The
24Department shall provide a copy of the agreement or contract to
25the Chief Procurement Officer in the time specified by the
26Chief Procurement Officer in his or her written request, but no

 

 

10000HB3342sam003- 507 -LRB100 08528 JWD 41189 a

1later than 5 business days after the request is received by the
2Department. The Chief Procurement Officer must retain any
3portions of the management agreement or of any contract
4designated by the Department as confidential, proprietary, or
5trade secret information in complete confidence pursuant to
6subsection (g) of Section 7 of the Freedom of Information Act.
7The Department shall also provide the Chief Procurement Officer
8with reasonable advance written notice of any contract that is
9pending Department approval.
10    Notwithstanding any other provision of this Section to the
11contrary, the Chief Procurement Officer shall adopt
12administrative rules, including emergency rules, to establish
13a procurement process to select a successor private manager if
14a private management agreement has been terminated. The
15selection process shall at a minimum take into account the
16criteria set forth in items (1) through (4) of subsection (e)
17of this Section and may include provisions consistent with
18subsections (f), (g), (h), and (i) of this Section. The Chief
19Procurement Officer shall also implement and administer the
20adopted selection process upon the termination of a private
21management agreement. The Department, after the Chief
22Procurement Officer certifies that the procurement process has
23been followed in accordance with the rules adopted under this
24subsection (o), shall select a final offeror as the private
25manager and sign the management agreement with the private
26manager.

 

 

10000HB3342sam003- 508 -LRB100 08528 JWD 41189 a

1    Except as provided in Sections 21.5, 21.6, 21.7, 21.8, and
221.9, the Department shall distribute all proceeds of lottery
3tickets and shares sold in the following priority and manner:
4        (1) The payment of prizes and retailer bonuses.
5        (2) The payment of costs incurred in the operation and
6    administration of the Lottery, including the payment of
7    sums due to the private manager under the management
8    agreement with the Department.
9        (3) On the last day of each month or as soon thereafter
10    as possible, the State Comptroller shall direct and the
11    State Treasurer shall transfer from the State Lottery Fund
12    to the Common School Fund an amount that is equal to the
13    proceeds transferred in the corresponding month of fiscal
14    year 2009, as adjusted for inflation, to the Common School
15    Fund.
16        (4) On or before September 30 the last day of each
17    fiscal year, deposit any estimated remaining proceeds from
18    the prior fiscal year, subject to payments under items (1),
19    (2), and (3) into the Capital Projects Fund each fiscal
20    year. Beginning in fiscal year 2019, the amount deposited
21    shall be increased or decreased each year by the amount the
22    estimated payment differs from the amount determined from
23    each year-end financial audit. Only remaining net deficits
24    from prior fiscal years may reduce the requirement to
25    deposit these funds, as determined by the annual financial
26    audit.

 

 

10000HB3342sam003- 509 -LRB100 08528 JWD 41189 a

1    (p) The Department shall be subject to the following
2reporting and information request requirements:
3        (1) the Department shall submit written quarterly
4    reports to the Governor and the General Assembly on the
5    activities and actions of the private manager selected
6    under this Section;
7        (2) upon request of the Chief Procurement Officer, the
8    Department shall promptly produce information related to
9    the procurement activities of the Department and the
10    private manager requested by the Chief Procurement
11    Officer; the Chief Procurement Officer must retain
12    confidential, proprietary, or trade secret information
13    designated by the Department in complete confidence
14    pursuant to subsection (g) of Section 7 of the Freedom of
15    Information Act; and
16        (3) at least 30 days prior to the beginning of the
17    Department's fiscal year, the Department shall prepare an
18    annual written report on the activities of the private
19    manager selected under this Section and deliver that report
20    to the Governor and General Assembly.
21(Source: P.A. 99-933, eff. 1-27-17; 100-391, eff. 8-25-17.)
 
22
ARTICLE 90. STUDY

 
23    Section 90-5. The Department of Healthcare and Family
24Services Law of the Civil Administrative Code of Illinois is

 

 

10000HB3342sam003- 510 -LRB100 08528 JWD 41189 a

1amended by adding Section 2205-30 as follows:
 
2    (20 ILCS 2205/2205-30 new)
3    Sec. 2205-30. Long-term care services and supports
4comprehensive study and actuarial modeling.
5    (a) The Department of Healthcare and Family Services shall
6commission a comprehensive study of long-term care trends,
7future projections, and actuarial analysis of a new long-term
8services and supports benefit. Upon completion of the study,
9the Department shall prepare a report on the study that
10includes the following:
11        (1) an extensive analysis of long-term care trends in
12    Illinois, including the number of Illinoisans needing
13    long-term care, the number of paid and unpaid caregivers,
14    the existing long-term care programs' utilization and
15    impact on the State budget; out-of-pocket spending and
16    spend-down to qualify for medical assistance coverage, the
17    financial and health impacts of caregiving on the family,
18    wages of paid caregivers and the effects of compensation on
19    the availability of this workforce, the current market for
20    private long-term care insurance, and a brief assessment of
21    the existing system of long-term services and supports in
22    terms of health, well-being, and the ability of
23    participants to continue living in their communities;
24        (2) an analysis of long-term care costs and utilization
25    projections through at least 2050 and the estimated impact

 

 

10000HB3342sam003- 511 -LRB100 08528 JWD 41189 a

1    of such costs and utilization projections on the State
2    budget, increases in the senior population; projections of
3    the number of paid and unpaid caregivers in relation to
4    demand for services, and projections of the impact of
5    housing cost burdens and a lack of affordable housing on
6    seniors and people with disabilities;
7        (3) an actuarial analysis of options for a new
8    long-term services and supports benefit program, including
9    an analysis of potential tax sources and necessary levels,
10    a vesting period, the maximum daily benefit dollar amount,
11    the total maximum dollar amount of the benefit, and the
12    duration of the benefit; and
13        (4) a qualitative analysis of a new benefit's impact on
14    seniors and people with disabilities, including their
15    families and caregivers, public and private long-term care
16    services, and the State budget.
17    The report must project under multiple possible
18configurations the numbers of persons covered year over year,
19utilization rates, total spending, and the benefit fund's ratio
20balance and solvency. The benefit fund must initially be
21structured to be solvent for 75 years. The report must detail
22the sensitivity of these projections to the level of care
23criteria that define long-term care need and examine the
24feasibility of setting a lower threshold, based on a lower need
25for ongoing assistance in routine life activities.
26    The report must also detail the amount of out-of-pocket

 

 

10000HB3342sam003- 512 -LRB100 08528 JWD 41189 a

1costs avoided, the number of persons who delayed or avoided
2utilization of medical assistance benefits, an analysis on the
3projected increased utilization of home-based and
4community-based services over skilled nursing facilities and
5savings therewith, and savings to the State's existing
6long-term care programs due to the new long-term services and
7supports benefit.
8    (b) The entity chosen to conduct the actuarial analysis
9shall be a nationally-recognized organization with experience
10modeling public and private long-term care financing programs.
11    (c) The study shall begin after January 1, 2019, and be
12completed before December 1, 2019. Upon completion, the report
13on the study shall be filed with the Clerk of the House of
14Representatives and the Secretary of the Senate in electronic
15form only, in the manner that the Clerk and the Secretary shall
16direct.
17    (d) This Section is repealed December 1, 2020.
 
18
ARTICLE 95. EDUCATION AND RATES

 
19    Section 95-5. The Illinois Administrative Procedure Act is
20amended by changing Section 5-45 as follows:
 
21    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
22    Sec. 5-45. Emergency rulemaking.
23    (a) "Emergency" means the existence of any situation that

 

 

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1any agency finds reasonably constitutes a threat to the public
2interest, safety, or welfare.
3    (b) If any agency finds that an emergency exists that
4requires adoption of a rule upon fewer days than is required by
5Section 5-40 and states in writing its reasons for that
6finding, the agency may adopt an emergency rule without prior
7notice or hearing upon filing a notice of emergency rulemaking
8with the Secretary of State under Section 5-70. The notice
9shall include the text of the emergency rule and shall be
10published in the Illinois Register. Consent orders or other
11court orders adopting settlements negotiated by an agency may
12be adopted under this Section. Subject to applicable
13constitutional or statutory provisions, an emergency rule
14becomes effective immediately upon filing under Section 5-65 or
15at a stated date less than 10 days thereafter. The agency's
16finding and a statement of the specific reasons for the finding
17shall be filed with the rule. The agency shall take reasonable
18and appropriate measures to make emergency rules known to the
19persons who may be affected by them.
20    (c) An emergency rule may be effective for a period of not
21longer than 150 days, but the agency's authority to adopt an
22identical rule under Section 5-40 is not precluded. No
23emergency rule may be adopted more than once in any 24-month
24period, except that this limitation on the number of emergency
25rules that may be adopted in a 24-month period does not apply
26to (i) emergency rules that make additions to and deletions

 

 

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1from the Drug Manual under Section 5-5.16 of the Illinois
2Public Aid Code or the generic drug formulary under Section
33.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
4emergency rules adopted by the Pollution Control Board before
5July 1, 1997 to implement portions of the Livestock Management
6Facilities Act, (iii) emergency rules adopted by the Illinois
7Department of Public Health under subsections (a) through (i)
8of Section 2 of the Department of Public Health Act when
9necessary to protect the public's health, (iv) emergency rules
10adopted pursuant to subsection (n) of this Section, (v)
11emergency rules adopted pursuant to subsection (o) of this
12Section, or (vi) emergency rules adopted pursuant to subsection
13(c-5) of this Section. Two or more emergency rules having
14substantially the same purpose and effect shall be deemed to be
15a single rule for purposes of this Section.
16    (c-5) To facilitate the maintenance of the program of group
17health benefits provided to annuitants, survivors, and retired
18employees under the State Employees Group Insurance Act of
191971, rules to alter the contributions to be paid by the State,
20annuitants, survivors, retired employees, or any combination
21of those entities, for that program of group health benefits,
22shall be adopted as emergency rules. The adoption of those
23rules shall be considered an emergency and necessary for the
24public interest, safety, and welfare.
25    (d) In order to provide for the expeditious and timely
26implementation of the State's fiscal year 1999 budget,

 

 

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1emergency rules to implement any provision of Public Act 90-587
2or 90-588 or any other budget initiative for fiscal year 1999
3may be adopted in accordance with this Section by the agency
4charged with administering that provision or initiative,
5except that the 24-month limitation on the adoption of
6emergency rules and the provisions of Sections 5-115 and 5-125
7do not apply to rules adopted under this subsection (d). The
8adoption of emergency rules authorized by this subsection (d)
9shall be deemed to be necessary for the public interest,
10safety, and welfare.
11    (e) In order to provide for the expeditious and timely
12implementation of the State's fiscal year 2000 budget,
13emergency rules to implement any provision of Public Act 91-24
14or any other budget initiative for fiscal year 2000 may be
15adopted in accordance with this Section by the agency charged
16with administering that provision or initiative, except that
17the 24-month limitation on the adoption of emergency rules and
18the provisions of Sections 5-115 and 5-125 do not apply to
19rules adopted under this subsection (e). The adoption of
20emergency rules authorized by this subsection (e) shall be
21deemed to be necessary for the public interest, safety, and
22welfare.
23    (f) In order to provide for the expeditious and timely
24implementation of the State's fiscal year 2001 budget,
25emergency rules to implement any provision of Public Act 91-712
26or any other budget initiative for fiscal year 2001 may be

 

 

10000HB3342sam003- 516 -LRB100 08528 JWD 41189 a

1adopted in accordance with this Section by the agency charged
2with administering that provision or initiative, except that
3the 24-month limitation on the adoption of emergency rules and
4the provisions of Sections 5-115 and 5-125 do not apply to
5rules adopted under this subsection (f). The adoption of
6emergency rules authorized by this subsection (f) shall be
7deemed to be necessary for the public interest, safety, and
8welfare.
9    (g) In order to provide for the expeditious and timely
10implementation of the State's fiscal year 2002 budget,
11emergency rules to implement any provision of Public Act 92-10
12or any other budget initiative for fiscal year 2002 may be
13adopted in accordance with this Section by the agency charged
14with administering that provision or initiative, except that
15the 24-month limitation on the adoption of emergency rules and
16the provisions of Sections 5-115 and 5-125 do not apply to
17rules adopted under this subsection (g). The adoption of
18emergency rules authorized by this subsection (g) shall be
19deemed to be necessary for the public interest, safety, and
20welfare.
21    (h) In order to provide for the expeditious and timely
22implementation of the State's fiscal year 2003 budget,
23emergency rules to implement any provision of Public Act 92-597
24or any other budget initiative for fiscal year 2003 may be
25adopted in accordance with this Section by the agency charged
26with administering that provision or initiative, except that

 

 

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1the 24-month limitation on the adoption of emergency rules and
2the provisions of Sections 5-115 and 5-125 do not apply to
3rules adopted under this subsection (h). The adoption of
4emergency rules authorized by this subsection (h) shall be
5deemed to be necessary for the public interest, safety, and
6welfare.
7    (i) In order to provide for the expeditious and timely
8implementation of the State's fiscal year 2004 budget,
9emergency rules to implement any provision of Public Act 93-20
10or any other budget initiative for fiscal year 2004 may be
11adopted in accordance with this Section by the agency charged
12with administering that provision or initiative, except that
13the 24-month limitation on the adoption of emergency rules and
14the provisions of Sections 5-115 and 5-125 do not apply to
15rules adopted under this subsection (i). The adoption of
16emergency rules authorized by this subsection (i) shall be
17deemed to be necessary for the public interest, safety, and
18welfare.
19    (j) In order to provide for the expeditious and timely
20implementation of the provisions of the State's fiscal year
212005 budget as provided under the Fiscal Year 2005 Budget
22Implementation (Human Services) Act, emergency rules to
23implement any provision of the Fiscal Year 2005 Budget
24Implementation (Human Services) Act may be adopted in
25accordance with this Section by the agency charged with
26administering that provision, except that the 24-month

 

 

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1limitation on the adoption of emergency rules and the
2provisions of Sections 5-115 and 5-125 do not apply to rules
3adopted under this subsection (j). The Department of Public Aid
4may also adopt rules under this subsection (j) necessary to
5administer the Illinois Public Aid Code and the Children's
6Health Insurance Program Act. The adoption of emergency rules
7authorized by this subsection (j) shall be deemed to be
8necessary for the public interest, safety, and welfare.
9    (k) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112006 budget, emergency rules to implement any provision of
12Public Act 94-48 or any other budget initiative for fiscal year
132006 may be adopted in accordance with this Section by the
14agency charged with administering that provision or
15initiative, except that the 24-month limitation on the adoption
16of emergency rules and the provisions of Sections 5-115 and
175-125 do not apply to rules adopted under this subsection (k).
18The Department of Healthcare and Family Services may also adopt
19rules under this subsection (k) necessary to administer the
20Illinois Public Aid Code, the Senior Citizens and Persons with
21Disabilities Property Tax Relief Act, the Senior Citizens and
22Disabled Persons Prescription Drug Discount Program Act (now
23the Illinois Prescription Drug Discount Program Act), and the
24Children's Health Insurance Program Act. The adoption of
25emergency rules authorized by this subsection (k) shall be
26deemed to be necessary for the public interest, safety, and

 

 

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1welfare.
2    (l) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42007 budget, the Department of Healthcare and Family Services
5may adopt emergency rules during fiscal year 2007, including
6rules effective July 1, 2007, in accordance with this
7subsection to the extent necessary to administer the
8Department's responsibilities with respect to amendments to
9the State plans and Illinois waivers approved by the federal
10Centers for Medicare and Medicaid Services necessitated by the
11requirements of Title XIX and Title XXI of the federal Social
12Security Act. The adoption of emergency rules authorized by
13this subsection (l) shall be deemed to be necessary for the
14public interest, safety, and welfare.
15    (m) In order to provide for the expeditious and timely
16implementation of the provisions of the State's fiscal year
172008 budget, the Department of Healthcare and Family Services
18may adopt emergency rules during fiscal year 2008, including
19rules effective July 1, 2008, in accordance with this
20subsection to the extent necessary to administer the
21Department's responsibilities with respect to amendments to
22the State plans and Illinois waivers approved by the federal
23Centers for Medicare and Medicaid Services necessitated by the
24requirements of Title XIX and Title XXI of the federal Social
25Security Act. The adoption of emergency rules authorized by
26this subsection (m) shall be deemed to be necessary for the

 

 

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1public interest, safety, and welfare.
2    (n) In order to provide for the expeditious and timely
3implementation of the provisions of the State's fiscal year
42010 budget, emergency rules to implement any provision of
5Public Act 96-45 or any other budget initiative authorized by
6the 96th General Assembly for fiscal year 2010 may be adopted
7in accordance with this Section by the agency charged with
8administering that provision or initiative. The adoption of
9emergency rules authorized by this subsection (n) shall be
10deemed to be necessary for the public interest, safety, and
11welfare. The rulemaking authority granted in this subsection
12(n) shall apply only to rules promulgated during Fiscal Year
132010.
14    (o) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162011 budget, emergency rules to implement any provision of
17Public Act 96-958 or any other budget initiative authorized by
18the 96th General Assembly for fiscal year 2011 may be adopted
19in accordance with this Section by the agency charged with
20administering that provision or initiative. The adoption of
21emergency rules authorized by this subsection (o) is deemed to
22be necessary for the public interest, safety, and welfare. The
23rulemaking authority granted in this subsection (o) applies
24only to rules promulgated on or after July 1, 2010 (the
25effective date of Public Act 96-958) through June 30, 2011.
26    (p) In order to provide for the expeditious and timely

 

 

10000HB3342sam003- 521 -LRB100 08528 JWD 41189 a

1implementation of the provisions of Public Act 97-689,
2emergency rules to implement any provision of Public Act 97-689
3may be adopted in accordance with this subsection (p) by the
4agency charged with administering that provision or
5initiative. The 150-day limitation of the effective period of
6emergency rules does not apply to rules adopted under this
7subsection (p), and the effective period may continue through
8June 30, 2013. The 24-month limitation on the adoption of
9emergency rules does not apply to rules adopted under this
10subsection (p). The adoption of emergency rules authorized by
11this subsection (p) is deemed to be necessary for the public
12interest, safety, and welfare.
13    (q) In order to provide for the expeditious and timely
14implementation of the provisions of Articles 7, 8, 9, 11, and
1512 of Public Act 98-104, emergency rules to implement any
16provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
17may be adopted in accordance with this subsection (q) by the
18agency charged with administering that provision or
19initiative. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (q). The adoption of emergency rules authorized by
22this subsection (q) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (r) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 98-651,
26emergency rules to implement Public Act 98-651 may be adopted

 

 

10000HB3342sam003- 522 -LRB100 08528 JWD 41189 a

1in accordance with this subsection (r) by the Department of
2Healthcare and Family Services. The 24-month limitation on the
3adoption of emergency rules does not apply to rules adopted
4under this subsection (r). The adoption of emergency rules
5authorized by this subsection (r) is deemed to be necessary for
6the public interest, safety, and welfare.
7    (s) In order to provide for the expeditious and timely
8implementation of the provisions of Sections 5-5b.1 and 5A-2 of
9the Illinois Public Aid Code, emergency rules to implement any
10provision of Section 5-5b.1 or Section 5A-2 of the Illinois
11Public Aid Code may be adopted in accordance with this
12subsection (s) by the Department of Healthcare and Family
13Services. The rulemaking authority granted in this subsection
14(s) shall apply only to those rules adopted prior to July 1,
152015. Notwithstanding any other provision of this Section, any
16emergency rule adopted under this subsection (s) shall only
17apply to payments made for State fiscal year 2015. The adoption
18of emergency rules authorized by this subsection (s) is deemed
19to be necessary for the public interest, safety, and welfare.
20    (t) In order to provide for the expeditious and timely
21implementation of the provisions of Article II of Public Act
2299-6, emergency rules to implement the changes made by Article
23II of Public Act 99-6 to the Emergency Telephone System Act may
24be adopted in accordance with this subsection (t) by the
25Department of State Police. The rulemaking authority granted in
26this subsection (t) shall apply only to those rules adopted

 

 

10000HB3342sam003- 523 -LRB100 08528 JWD 41189 a

1prior to July 1, 2016. The 24-month limitation on the adoption
2of emergency rules does not apply to rules adopted under this
3subsection (t). The adoption of emergency rules authorized by
4this subsection (t) is deemed to be necessary for the public
5interest, safety, and welfare.
6    (u) In order to provide for the expeditious and timely
7implementation of the provisions of the Burn Victims Relief
8Act, emergency rules to implement any provision of the Act may
9be adopted in accordance with this subsection (u) by the
10Department of Insurance. The rulemaking authority granted in
11this subsection (u) shall apply only to those rules adopted
12prior to December 31, 2015. The adoption of emergency rules
13authorized by this subsection (u) is deemed to be necessary for
14the public interest, safety, and welfare.
15    (v) In order to provide for the expeditious and timely
16implementation of the provisions of Public Act 99-516,
17emergency rules to implement Public Act 99-516 may be adopted
18in accordance with this subsection (v) by the Department of
19Healthcare and Family Services. The 24-month limitation on the
20adoption of emergency rules does not apply to rules adopted
21under this subsection (v). The adoption of emergency rules
22authorized by this subsection (v) is deemed to be necessary for
23the public interest, safety, and welfare.
24    (w) In order to provide for the expeditious and timely
25implementation of the provisions of Public Act 99-796,
26emergency rules to implement the changes made by Public Act

 

 

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199-796 may be adopted in accordance with this subsection (w) by
2the Adjutant General. The adoption of emergency rules
3authorized by this subsection (w) is deemed to be necessary for
4the public interest, safety, and welfare.
5    (x) In order to provide for the expeditious and timely
6implementation of the provisions of Public Act 99-906,
7emergency rules to implement subsection (i) of Section 16-115D,
8subsection (g) of Section 16-128A, and subsection (a) of
9Section 16-128B of the Public Utilities Act may be adopted in
10accordance with this subsection (x) by the Illinois Commerce
11Commission. The rulemaking authority granted in this
12subsection (x) shall apply only to those rules adopted within
13180 days after June 1, 2017 (the effective date of Public Act
1499-906). The adoption of emergency rules authorized by this
15subsection (x) is deemed to be necessary for the public
16interest, safety, and welfare.
17    (y) In order to provide for the expeditious and timely
18implementation of the provisions of this amendatory Act of the
19100th General Assembly, emergency rules to implement the
20changes made by this amendatory Act of the 100th General
21Assembly to Section 4.02 of the Illinois Act on Aging, Sections
225.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
23of the Alcoholism and Other Drug Abuse and Dependency Act, and
24Sections 74 and 75 of the Mental Health and Developmental
25Disabilities Administrative Act may be adopted in accordance
26with this subsection (y) by the respective Department. The

 

 

10000HB3342sam003- 525 -LRB100 08528 JWD 41189 a

1adoption of emergency rules authorized by this subsection (y)
2is deemed to be necessary for the public interest, safety, and
3welfare.
4    (z) In order to provide for the expeditious and timely
5implementation of the provisions of this amendatory Act of the
6100th General Assembly, emergency rules to implement the
7changes made by this amendatory Act of the 100th General
8Assembly to Section 4.7 of the Lobbyist Registration Act may be
9adopted in accordance with this subsection (z) by the Secretary
10of State. The adoption of emergency rules authorized by this
11subsection (z) is deemed to be necessary for the public
12interest, safety, and welfare.
13    (aa) In order to provide for the expeditious and timely
14initial implementation of the changes made to Articles 5, 5A,
1512, and 14 of the Illinois Public Aid Code under the provisions
16of this amendatory Act of the 100th General Assembly, the
17Department of Healthcare and Family Services may adopt
18emergency rules in accordance with this subsection (aa). The
1924-month limitation on the adoption of emergency rules does not
20apply to rules to initially implement the changes made to
21Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
22adopted under this subsection (aa). The adoption of emergency
23rules authorized by this subsection (aa) is deemed to be
24necessary for the public interest, safety, and welfare.
25    (bb) In order to provide for the expeditious and timely
26implementation of the provisions of this amendatory Act of the

 

 

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1100th General Assembly, emergency rules to implement the
2changes made by this amendatory Act of the 100th General
3Assembly to Section 4.02 of the Illinois Act on Aging, Sections
45.5.4 and 5-5.4i of the Illinois Public Aid Code, subsection
5(b) of Section 55-30 of the Alcoholism and Other Drug Abuse and
6Dependency Act, Section 5-104 of the Specialized Mental Health
7Rehabilitation Act of 2013, and Section 75 and subsection (b)
8of Section 74 of the Mental Health and Developmental
9Disabilities Administrative Act may be adopted in accordance
10with this subsection (bb) by the respective Department. The
11adoption of emergency rules authorized by this subsection (bb)
12is deemed to be necessary for the public interest, safety, and
13welfare.
14(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
15eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
1699-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
17100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.
183-12-18.)
 
19    Section 95-10. The Mental Health and Developmental
20Disabilities Administrative Act is amended by changing Section
2174 as follows:
 
22    (20 ILCS 1705/74)
23    Sec. 74. Rates and reimbursements.
24    (a) Within 30 days after July 6, 2017 (the effective date

 

 

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1of Public Act 100-23) this amendatory Act of the 100th General
2Assembly, the Department shall increase rates and
3reimbursements to fund a minimum of a $0.75 per hour wage
4increase for front-line personnel, including, but not limited
5to, direct support persons, aides, front-line supervisors,
6qualified intellectual disabilities professionals, nurses, and
7non-administrative support staff working in community-based
8provider organizations serving individuals with developmental
9disabilities. The Department shall adopt rules, including
10emergency rules under subsection (y) of Section 5-45 of the
11Illinois Administrative Procedure Act, to implement the
12provisions of this Section.
13    (b) Rates and reimbursements. Within 30 days after the
14effective date of this amendatory Act of the 100th General
15Assembly, the Department shall increase rates and
16reimbursements to fund a minimum of a $0.50 per hour wage
17increase for front-line personnel, including, but not limited
18to, direct support persons, aides, front-line supervisors,
19qualified intellectual disabilities professionals, nurses, and
20non-administrative support staff working in community-based
21provider organizations serving individuals with developmental
22disabilities. The Department shall adopt rules, including
23emergency rules under subsection (bb) of Section 5-45 of the
24Illinois Administrative Procedure Act, to implement the
25provisions of this Section.
26(Source: P.A. 100-23, eff. 7-6-17.)
 

 

 

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1    Section 95-15. The School Code is amended by changing
2Section 14-7.02 and by adding Section 3-16 as follows:
 
3    (105 ILCS 5/3-16 new)
4    Sec. 3-16. Grants to alternative schools, safe schools, and
5alternative learning opportunities programs. The State Board
6of Education, subject to appropriation, shall award grants to
7alternative schools, safe schools, and alternative learning
8opportunities programs operated by a regional office of
9education. To calculate grant amounts to the programs operated
10by regional offices of education, the State Board shall
11calculate an amount equal to the greater of the regional
12program's best 3 months of average daily attendance for the
132016-2017 school year or the average of the best 3 months of
14average daily attendance for the 2014-2015 school year through
15the 2016-2017 school year, multiplied by the amount of $6,119.
16This amount shall be termed the "Regional Program Increased
17Enrollment Recognition". If the amount of the Regional Program
18Increased Enrollment Recognition is greater than the amount of
19the regional office of education program's Base Funding Minimum
20for fiscal year 2018, calculated under Section 18-8.15, then
21the State Board of Education shall pay the regional program a
22grant equal to the difference between the regional program's
23Regional Program Increased Enrollment Recognition and the Base
24Funding Minimum for fiscal year 2018. Nothing in this Section

 

 

10000HB3342sam003- 529 -LRB100 08528 JWD 41189 a

1shall be construed to alter any payments or calculations under
2Section 18-8.15.
 
3    (105 ILCS 5/14-7.02)  (from Ch. 122, par. 14-7.02)
4    Sec. 14-7.02. Children attending private schools, public
5out-of-state schools, public school residential facilities or
6private special education facilities. The General Assembly
7recognizes that non-public schools or special education
8facilities provide an important service in the educational
9system in Illinois.
10    If because of his or her disability the special education
11program of a district is unable to meet the needs of a child
12and the child attends a non-public school or special education
13facility, a public out-of-state school or a special education
14facility owned and operated by a county government unit that
15provides special educational services required by the child and
16is in compliance with the appropriate rules and regulations of
17the State Superintendent of Education, the school district in
18which the child is a resident shall pay the actual cost of
19tuition for special education and related services provided
20during the regular school term and during the summer school
21term if the child's educational needs so require, excluding
22room, board and transportation costs charged the child by that
23non-public school or special education facility, public
24out-of-state school or county special education facility, or
25$4,500 per year, whichever is less, and shall provide him any

 

 

10000HB3342sam003- 530 -LRB100 08528 JWD 41189 a

1necessary transportation. "Nonpublic special education
2facility" shall include a residential facility, within or
3without the State of Illinois, which provides special education
4and related services to meet the needs of the child by
5utilizing private schools or public schools, whether located on
6the site or off the site of the residential facility.
7    The State Board of Education shall promulgate rules and
8regulations for determining when placement in a private special
9education facility is appropriate. Such rules and regulations
10shall take into account the various types of services needed by
11a child and the availability of such services to the particular
12child in the public school. In developing these rules and
13regulations the State Board of Education shall consult with the
14Advisory Council on Education of Children with Disabilities and
15hold public hearings to secure recommendations from parents,
16school personnel, and others concerned about this matter.
17    The State Board of Education shall also promulgate rules
18and regulations for transportation to and from a residential
19school. Transportation to and from home to a residential school
20more than once each school term shall be subject to prior
21approval by the State Superintendent in accordance with the
22rules and regulations of the State Board.
23    A school district making tuition payments pursuant to this
24Section is eligible for reimbursement from the State for the
25amount of such payments actually made in excess of the district
26per capita tuition charge for students not receiving special

 

 

10000HB3342sam003- 531 -LRB100 08528 JWD 41189 a

1education services. Such reimbursement shall be approved in
2accordance with Section 14-12.01 and each district shall file
3its claims, computed in accordance with rules prescribed by the
4State Board of Education, on forms prescribed by the State
5Superintendent of Education. Data used as a basis of
6reimbursement claims shall be for the preceding regular school
7term and summer school term. Each school district shall
8transmit its claims to the State Board of Education on or
9before August 15. The State Board of Education, before
10approving any such claims, shall determine their accuracy and
11whether they are based upon services and facilities provided
12under approved programs. Upon approval the State Board shall
13cause vouchers to be prepared showing the amount due for
14payment of reimbursement claims to school districts, for
15transmittal to the State Comptroller on the 30th day of
16September, December, and March, respectively, and the final
17voucher, no later than June 20. If the money appropriated by
18the General Assembly for such purpose for any year is
19insufficient, it shall be apportioned on the basis of the
20claims approved.
21    No child shall be placed in a special education program
22pursuant to this Section if the tuition cost for special
23education and related services increases more than 10 percent
24over the tuition cost for the previous school year or exceeds
25$4,500 per year unless such costs have been approved by the
26Illinois Purchased Care Review Board. The Illinois Purchased

 

 

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1Care Review Board shall consist of the following persons, or
2their designees: the Directors of Children and Family Services,
3Public Health, Public Aid, and the Governor's Office of
4Management and Budget; the Secretary of Human Services; the
5State Superintendent of Education; and such other persons as
6the Governor may designate. The Review Board shall also consist
7of one non-voting member who is an administrator of a private,
8nonpublic, special education school. The Review Board shall
9establish rules and regulations for its determination of
10allowable costs and payments made by local school districts for
11special education, room and board, and other related services
12provided by non-public schools or special education facilities
13and shall establish uniform standards and criteria which it
14shall follow. The Review Board shall approve the usual and
15customary rate or rates of a special education program that (i)
16is offered by an out-of-state, non-public provider of
17integrated autism specific educational and autism specific
18residential services, (ii) offers 2 or more levels of
19residential care, including at least one locked facility, and
20(iii) serves 12 or fewer Illinois students.
21    In determining rates based on allowable costs, the review
22Board shall consider any wage increases awarded by the General
23Assembly to front line personnel defined as direct support
24persons, aides, front-line supervisors, qualified intellectual
25disabilities professionals, nurses, and non-administrative
26support staff working in service settings in community-based

 

 

10000HB3342sam003- 533 -LRB100 08528 JWD 41189 a

1settings within the State and adjust customary rates or rates
2of a special education program to be equitable to the wage
3increase awarded to similar staff positions in a community
4residential setting. Any wage increase awarded by the General
5Assembly to front line personnel defined as direct support
6persons, aides, front-line supervisors, qualified intellectual
7disabilities professionals, nurses, and non-administrative
8support staff working in community-based settings within the
9State shall also be a basis for any facility covered by this
10Section to appeal its rate before the Review Board under the
11process defined in Title 89, Part 900, Section 340 of the
12Illinois Administrative Code. Illinois Administrative Code
13Title 89, Part 900, Section 342 shall be updated to recognize
14wage increases awarded to community-based settings to be a
15basis for appeal.
16    The Review Board shall establish uniform definitions and
17criteria for accounting separately by special education, room
18and board and other related services costs. The Board shall
19also establish guidelines for the coordination of services and
20financial assistance provided by all State agencies to assure
21that no otherwise qualified child with a disability receiving
22services under Article 14 shall be excluded from participation
23in, be denied the benefits of or be subjected to discrimination
24under any program or activity provided by any State agency.
25    The Review Board shall review the costs for special
26education and related services provided by non-public schools

 

 

10000HB3342sam003- 534 -LRB100 08528 JWD 41189 a

1or special education facilities and shall approve or disapprove
2such facilities in accordance with the rules and regulations
3established by it with respect to allowable costs.
4    The State Board of Education shall provide administrative
5and staff support for the Review Board as deemed reasonable by
6the State Superintendent of Education. This support shall not
7include travel expenses or other compensation for any Review
8Board member other than the State Superintendent of Education.
9    The Review Board shall seek the advice of the Advisory
10Council on Education of Children with Disabilities on the rules
11and regulations to be promulgated by it relative to providing
12special education services.
13    If a child has been placed in a program in which the actual
14per pupil costs of tuition for special education and related
15services based on program enrollment, excluding room, board and
16transportation costs, exceed $4,500 and such costs have been
17approved by the Review Board, the district shall pay such total
18costs which exceed $4,500. A district making such tuition
19payments in excess of $4,500 pursuant to this Section shall be
20responsible for an amount in excess of $4,500 equal to the
21district per capita tuition charge and shall be eligible for
22reimbursement from the State for the amount of such payments
23actually made in excess of the districts per capita tuition
24charge for students not receiving special education services.
25    If a child has been placed in an approved individual
26program and the tuition costs including room and board costs

 

 

10000HB3342sam003- 535 -LRB100 08528 JWD 41189 a

1have been approved by the Review Board, then such room and
2board costs shall be paid by the appropriate State agency
3subject to the provisions of Section 14-8.01 of this Act. Room
4and board costs not provided by a State agency other than the
5State Board of Education shall be provided by the State Board
6of Education on a current basis. In no event, however, shall
7the State's liability for funding of these tuition costs begin
8until after the legal obligations of third party payors have
9been subtracted from such costs. If the money appropriated by
10the General Assembly for such purpose for any year is
11insufficient, it shall be apportioned on the basis of the
12claims approved. Each district shall submit estimated claims to
13the State Superintendent of Education. Upon approval of such
14claims, the State Superintendent of Education shall direct the
15State Comptroller to make payments on a monthly basis. The
16frequency for submitting estimated claims and the method of
17determining payment shall be prescribed in rules and
18regulations adopted by the State Board of Education. Such
19current state reimbursement shall be reduced by an amount equal
20to the proceeds which the child or child's parents are eligible
21to receive under any public or private insurance or assistance
22program. Nothing in this Section shall be construed as
23relieving an insurer or similar third party from an otherwise
24valid obligation to provide or to pay for services provided to
25a child with a disability.
26    If it otherwise qualifies, a school district is eligible

 

 

10000HB3342sam003- 536 -LRB100 08528 JWD 41189 a

1for the transportation reimbursement under Section 14-13.01
2and for the reimbursement of tuition payments under this
3Section whether the non-public school or special education
4facility, public out-of-state school or county special
5education facility, attended by a child who resides in that
6district and requires special educational services, is within
7or outside of the State of Illinois. However, a district is not
8eligible to claim transportation reimbursement under this
9Section unless the district certifies to the State
10Superintendent of Education that the district is unable to
11provide special educational services required by the child for
12the current school year.
13    Nothing in this Section authorizes the reimbursement of a
14school district for the amount paid for tuition of a child
15attending a non-public school or special education facility,
16public out-of-state school or county special education
17facility unless the school district certifies to the State
18Superintendent of Education that the special education program
19of that district is unable to meet the needs of that child
20because of his disability and the State Superintendent of
21Education finds that the school district is in substantial
22compliance with Section 14-4.01. However, if a child is
23unilaterally placed by a State agency or any court in a
24non-public school or special education facility, public
25out-of-state school, or county special education facility, a
26school district shall not be required to certify to the State

 

 

10000HB3342sam003- 537 -LRB100 08528 JWD 41189 a

1Superintendent of Education, for the purpose of tuition
2reimbursement, that the special education program of that
3district is unable to meet the needs of a child because of his
4or her disability.
5    Any educational or related services provided, pursuant to
6this Section in a non-public school or special education
7facility or a special education facility owned and operated by
8a county government unit shall be at no cost to the parent or
9guardian of the child. However, current law and practices
10relative to contributions by parents or guardians for costs
11other than educational or related services are not affected by
12this amendatory Act of 1978.
13    Reimbursement for children attending public school
14residential facilities shall be made in accordance with the
15provisions of this Section.
16    Notwithstanding any other provision of law, any school
17district receiving a payment under this Section or under
18Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
19all or a portion of the funds that it receives in a particular
20fiscal year or from general State aid pursuant to Section
2118-8.05 of this Code as funds received in connection with any
22funding program for which it is entitled to receive funds from
23the State in that fiscal year (including, without limitation,
24any funding program referenced in this Section), regardless of
25the source or timing of the receipt. The district may not
26classify more funds as funds received in connection with the

 

 

10000HB3342sam003- 538 -LRB100 08528 JWD 41189 a

1funding program than the district is entitled to receive in
2that fiscal year for that program. Any classification by a
3district must be made by a resolution of its board of
4education. The resolution must identify the amount of any
5payments or general State aid to be classified under this
6paragraph and must specify the funding program to which the
7funds are to be treated as received in connection therewith.
8This resolution is controlling as to the classification of
9funds referenced therein. A certified copy of the resolution
10must be sent to the State Superintendent of Education. The
11resolution shall still take effect even though a copy of the
12resolution has not been sent to the State Superintendent of
13Education in a timely manner. No classification under this
14paragraph by a district shall affect the total amount or timing
15of money the district is entitled to receive under this Code.
16No classification under this paragraph by a district shall in
17any way relieve the district from or affect any requirements
18that otherwise would apply with respect to that funding
19program, including any accounting of funds by source, reporting
20expenditures by original source and purpose, reporting
21requirements, or requirements of providing services.
22(Source: P.A. 98-636, eff. 6-6-14; 98-1008, eff. 1-1-15; 99-78,
23eff. 7-20-15; 99-143, eff. 7-27-15.)
 
24    Section 95-20. The Illinois Public Aid Code is amended by
25changing Sections 5-5.4 and 5-5.4i and by adding Section 5-5.4j

 

 

10000HB3342sam003- 539 -LRB100 08528 JWD 41189 a

1as follows:
 
2    (305 ILCS 5/5-5.4)  (from Ch. 23, par. 5-5.4)
3    Sec. 5-5.4. Standards of Payment - Department of Healthcare
4and Family Services. The Department of Healthcare and Family
5Services shall develop standards of payment of nursing facility
6and ICF/DD services in facilities providing such services under
7this Article which:
8    (1) Provide for the determination of a facility's payment
9for nursing facility or ICF/DD services on a prospective basis.
10The amount of the payment rate for all nursing facilities
11certified by the Department of Public Health under the ID/DD
12Community Care Act or the Nursing Home Care Act as Intermediate
13Care for the Developmentally Disabled facilities, Long Term
14Care for Under Age 22 facilities, Skilled Nursing facilities,
15or Intermediate Care facilities under the medical assistance
16program shall be prospectively established annually on the
17basis of historical, financial, and statistical data
18reflecting actual costs from prior years, which shall be
19applied to the current rate year and updated for inflation,
20except that the capital cost element for newly constructed
21facilities shall be based upon projected budgets. The annually
22established payment rate shall take effect on July 1 in 1984
23and subsequent years. No rate increase and no update for
24inflation shall be provided on or after July 1, 1994, unless
25specifically provided for in this Section. The changes made by

 

 

10000HB3342sam003- 540 -LRB100 08528 JWD 41189 a

1Public Act 93-841 extending the duration of the prohibition
2against a rate increase or update for inflation are effective
3retroactive to July 1, 2004.
4    For facilities licensed by the Department of Public Health
5under the Nursing Home Care Act as Intermediate Care for the
6Developmentally Disabled facilities or Long Term Care for Under
7Age 22 facilities, the rates taking effect on July 1, 1998
8shall include an increase of 3%. For facilities licensed by the
9Department of Public Health under the Nursing Home Care Act as
10Skilled Nursing facilities or Intermediate Care facilities,
11the rates taking effect on July 1, 1998 shall include an
12increase of 3% plus $1.10 per resident-day, as defined by the
13Department. For facilities licensed by the Department of Public
14Health under the Nursing Home Care Act as Intermediate Care
15Facilities for the Developmentally Disabled or Long Term Care
16for Under Age 22 facilities, the rates taking effect on January
171, 2006 shall include an increase of 3%. For facilities
18licensed by the Department of Public Health under the Nursing
19Home Care Act as Intermediate Care Facilities for the
20Developmentally Disabled or Long Term Care for Under Age 22
21facilities, the rates taking effect on January 1, 2009 shall
22include an increase sufficient to provide a $0.50 per hour wage
23increase for non-executive staff. For facilities licensed by
24the Department of Public Health under the ID/DD Community Care
25Act as ID/DD Facilities the rates taking effect within 30 days
26after July 6, 2017 (the effective date of Public Act 100-23)

 

 

10000HB3342sam003- 541 -LRB100 08528 JWD 41189 a

1this amendatory Act of the 100th General Assembly shall include
2an increase sufficient to provide a $0.75 per hour wage
3increase for non-executive staff. The Department shall adopt
4rules, including emergency rules under subsection (y) of
5Section 5-45 of the Illinois Administrative Procedure Act, to
6implement the provisions of this paragraph. For facilities
7licensed by the Department of Public Health under the ID/DD
8Community Care Act as ID/DD Facilities and under the MC/DD Act
9as MC/DD Facilities, the rates taking effect within 30 days
10after the effective date of this amendatory Act of the 100th
11General Assembly shall include an increase sufficient to
12provide a $0.50 per hour wage increase for non-executive
13front-line personnel, including, but not limited to, direct
14support persons, aides, front-line supervisors, qualified
15intellectual disabilities professionals, nurses, and
16non-administrative support staff. The Department shall adopt
17rules, including emergency rules under subsection (bb) of
18Section 5-45 of the Illinois Administrative Procedure Act, to
19implement the provisions of this paragraph.
20    For facilities licensed by the Department of Public Health
21under the Nursing Home Care Act as Intermediate Care for the
22Developmentally Disabled facilities or Long Term Care for Under
23Age 22 facilities, the rates taking effect on July 1, 1999
24shall include an increase of 1.6% plus $3.00 per resident-day,
25as defined by the Department. For facilities licensed by the
26Department of Public Health under the Nursing Home Care Act as

 

 

10000HB3342sam003- 542 -LRB100 08528 JWD 41189 a

1Skilled Nursing facilities or Intermediate Care facilities,
2the rates taking effect on July 1, 1999 shall include an
3increase of 1.6% and, for services provided on or after October
41, 1999, shall be increased by $4.00 per resident-day, as
5defined by the Department.
6    For facilities licensed by the Department of Public Health
7under the Nursing Home Care Act as Intermediate Care for the
8Developmentally Disabled facilities or Long Term Care for Under
9Age 22 facilities, the rates taking effect on July 1, 2000
10shall include an increase of 2.5% per resident-day, as defined
11by the Department. For facilities licensed by the Department of
12Public Health under the Nursing Home Care Act as Skilled
13Nursing facilities or Intermediate Care facilities, the rates
14taking effect on July 1, 2000 shall include an increase of 2.5%
15per resident-day, as defined by the Department.
16    For facilities licensed by the Department of Public Health
17under the Nursing Home Care Act as skilled nursing facilities
18or intermediate care facilities, a new payment methodology must
19be implemented for the nursing component of the rate effective
20July 1, 2003. The Department of Public Aid (now Healthcare and
21Family Services) shall develop the new payment methodology
22using the Minimum Data Set (MDS) as the instrument to collect
23information concerning nursing home resident condition
24necessary to compute the rate. The Department shall develop the
25new payment methodology to meet the unique needs of Illinois
26nursing home residents while remaining subject to the

 

 

10000HB3342sam003- 543 -LRB100 08528 JWD 41189 a

1appropriations provided by the General Assembly. A transition
2period from the payment methodology in effect on June 30, 2003
3to the payment methodology in effect on July 1, 2003 shall be
4provided for a period not exceeding 3 years and 184 days after
5implementation of the new payment methodology as follows:
6        (A) For a facility that would receive a lower nursing
7    component rate per patient day under the new system than
8    the facility received effective on the date immediately
9    preceding the date that the Department implements the new
10    payment methodology, the nursing component rate per
11    patient day for the facility shall be held at the level in
12    effect on the date immediately preceding the date that the
13    Department implements the new payment methodology until a
14    higher nursing component rate of reimbursement is achieved
15    by that facility.
16        (B) For a facility that would receive a higher nursing
17    component rate per patient day under the payment
18    methodology in effect on July 1, 2003 than the facility
19    received effective on the date immediately preceding the
20    date that the Department implements the new payment
21    methodology, the nursing component rate per patient day for
22    the facility shall be adjusted.
23        (C) Notwithstanding paragraphs (A) and (B), the
24    nursing component rate per patient day for the facility
25    shall be adjusted subject to appropriations provided by the
26    General Assembly.

 

 

10000HB3342sam003- 544 -LRB100 08528 JWD 41189 a

1    For facilities licensed by the Department of Public Health
2under the Nursing Home Care Act as Intermediate Care for the
3Developmentally Disabled facilities or Long Term Care for Under
4Age 22 facilities, the rates taking effect on March 1, 2001
5shall include a statewide increase of 7.85%, as defined by the
6Department.
7    Notwithstanding any other provision of this Section, for
8facilities licensed by the Department of Public Health under
9the Nursing Home Care Act as skilled nursing facilities or
10intermediate care facilities, except facilities participating
11in the Department's demonstration program pursuant to the
12provisions of Title 77, Part 300, Subpart T of the Illinois
13Administrative Code, the numerator of the ratio used by the
14Department of Healthcare and Family Services to compute the
15rate payable under this Section using the Minimum Data Set
16(MDS) methodology shall incorporate the following annual
17amounts as the additional funds appropriated to the Department
18specifically to pay for rates based on the MDS nursing
19component methodology in excess of the funding in effect on
20December 31, 2006:
21        (i) For rates taking effect January 1, 2007,
22    $60,000,000.
23        (ii) For rates taking effect January 1, 2008,
24    $110,000,000.
25        (iii) For rates taking effect January 1, 2009,
26    $194,000,000.

 

 

10000HB3342sam003- 545 -LRB100 08528 JWD 41189 a

1        (iv) For rates taking effect April 1, 2011, or the
2    first day of the month that begins at least 45 days after
3    the effective date of this amendatory Act of the 96th
4    General Assembly, $416,500,000 or an amount as may be
5    necessary to complete the transition to the MDS methodology
6    for the nursing component of the rate. Increased payments
7    under this item (iv) are not due and payable, however,
8    until (i) the methodologies described in this paragraph are
9    approved by the federal government in an appropriate State
10    Plan amendment and (ii) the assessment imposed by Section
11    5B-2 of this Code is determined to be a permissible tax
12    under Title XIX of the Social Security Act.
13    Notwithstanding any other provision of this Section, for
14facilities licensed by the Department of Public Health under
15the Nursing Home Care Act as skilled nursing facilities or
16intermediate care facilities, the support component of the
17rates taking effect on January 1, 2008 shall be computed using
18the most recent cost reports on file with the Department of
19Healthcare and Family Services no later than April 1, 2005,
20updated for inflation to January 1, 2006.
21    For facilities licensed by the Department of Public Health
22under the Nursing Home Care Act as Intermediate Care for the
23Developmentally Disabled facilities or Long Term Care for Under
24Age 22 facilities, the rates taking effect on April 1, 2002
25shall include a statewide increase of 2.0%, as defined by the
26Department. This increase terminates on July 1, 2002; beginning

 

 

10000HB3342sam003- 546 -LRB100 08528 JWD 41189 a

1July 1, 2002 these rates are reduced to the level of the rates
2in effect on March 31, 2002, as defined by the Department.
3    For facilities licensed by the Department of Public Health
4under the Nursing Home Care Act as skilled nursing facilities
5or intermediate care facilities, the rates taking effect on
6July 1, 2001 shall be computed using the most recent cost
7reports on file with the Department of Public Aid no later than
8April 1, 2000, updated for inflation to January 1, 2001. For
9rates effective July 1, 2001 only, rates shall be the greater
10of the rate computed for July 1, 2001 or the rate effective on
11June 30, 2001.
12    Notwithstanding any other provision of this Section, for
13facilities licensed by the Department of Public Health under
14the Nursing Home Care Act as skilled nursing facilities or
15intermediate care facilities, the Illinois Department shall
16determine by rule the rates taking effect on July 1, 2002,
17which shall be 5.9% less than the rates in effect on June 30,
182002.
19    Notwithstanding any other provision of this Section, for
20facilities licensed by the Department of Public Health under
21the Nursing Home Care Act as skilled nursing facilities or
22intermediate care facilities, if the payment methodologies
23required under Section 5A-12 and the waiver granted under 42
24CFR 433.68 are approved by the United States Centers for
25Medicare and Medicaid Services, the rates taking effect on July
261, 2004 shall be 3.0% greater than the rates in effect on June

 

 

10000HB3342sam003- 547 -LRB100 08528 JWD 41189 a

130, 2004. These rates shall take effect only upon approval and
2implementation of the payment methodologies required under
3Section 5A-12.
4    Notwithstanding any other provisions of this Section, for
5facilities licensed by the Department of Public Health under
6the Nursing Home Care Act as skilled nursing facilities or
7intermediate care facilities, the rates taking effect on
8January 1, 2005 shall be 3% more than the rates in effect on
9December 31, 2004.
10    Notwithstanding any other provision of this Section, for
11facilities licensed by the Department of Public Health under
12the Nursing Home Care Act as skilled nursing facilities or
13intermediate care facilities, effective January 1, 2009, the
14per diem support component of the rates effective on January 1,
152008, computed using the most recent cost reports on file with
16the Department of Healthcare and Family Services no later than
17April 1, 2005, updated for inflation to January 1, 2006, shall
18be increased to the amount that would have been derived using
19standard Department of Healthcare and Family Services methods,
20procedures, and inflators.
21    Notwithstanding any other provisions of this Section, for
22facilities licensed by the Department of Public Health under
23the Nursing Home Care Act as intermediate care facilities that
24are federally defined as Institutions for Mental Disease, or
25facilities licensed by the Department of Public Health under
26the Specialized Mental Health Rehabilitation Act of 2013, a

 

 

10000HB3342sam003- 548 -LRB100 08528 JWD 41189 a

1socio-development component rate equal to 6.6% of the
2facility's nursing component rate as of January 1, 2006 shall
3be established and paid effective July 1, 2006. The
4socio-development component of the rate shall be increased by a
5factor of 2.53 on the first day of the month that begins at
6least 45 days after January 11, 2008 (the effective date of
7Public Act 95-707). As of August 1, 2008, the socio-development
8component rate shall be equal to 6.6% of the facility's nursing
9component rate as of January 1, 2006, multiplied by a factor of
103.53. For services provided on or after April 1, 2011, or the
11first day of the month that begins at least 45 days after the
12effective date of this amendatory Act of the 96th General
13Assembly, whichever is later, the Illinois Department may by
14rule adjust these socio-development component rates, and may
15use different adjustment methodologies for those facilities
16participating, and those not participating, in the Illinois
17Department's demonstration program pursuant to the provisions
18of Title 77, Part 300, Subpart T of the Illinois Administrative
19Code, but in no case may such rates be diminished below those
20in effect on August 1, 2008.
21    For facilities licensed by the Department of Public Health
22under the Nursing Home Care Act as Intermediate Care for the
23Developmentally Disabled facilities or as long-term care
24facilities for residents under 22 years of age, the rates
25taking effect on July 1, 2003 shall include a statewide
26increase of 4%, as defined by the Department.

 

 

10000HB3342sam003- 549 -LRB100 08528 JWD 41189 a

1    For facilities licensed by the Department of Public Health
2under the Nursing Home Care Act as Intermediate Care for the
3Developmentally Disabled facilities or Long Term Care for Under
4Age 22 facilities, the rates taking effect on the first day of
5the month that begins at least 45 days after the effective date
6of this amendatory Act of the 95th General Assembly shall
7include a statewide increase of 2.5%, as defined by the
8Department.
9    Notwithstanding any other provision of this Section, for
10facilities licensed by the Department of Public Health under
11the Nursing Home Care Act as skilled nursing facilities or
12intermediate care facilities, effective January 1, 2005,
13facility rates shall be increased by the difference between (i)
14a facility's per diem property, liability, and malpractice
15insurance costs as reported in the cost report filed with the
16Department of Public Aid and used to establish rates effective
17July 1, 2001 and (ii) those same costs as reported in the
18facility's 2002 cost report. These costs shall be passed
19through to the facility without caps or limitations, except for
20adjustments required under normal auditing procedures.
21    Rates established effective each July 1 shall govern
22payment for services rendered throughout that fiscal year,
23except that rates established on July 1, 1996 shall be
24increased by 6.8% for services provided on or after January 1,
251997. Such rates will be based upon the rates calculated for
26the year beginning July 1, 1990, and for subsequent years

 

 

10000HB3342sam003- 550 -LRB100 08528 JWD 41189 a

1thereafter until June 30, 2001 shall be based on the facility
2cost reports for the facility fiscal year ending at any point
3in time during the previous calendar year, updated to the
4midpoint of the rate year. The cost report shall be on file
5with the Department no later than April 1 of the current rate
6year. Should the cost report not be on file by April 1, the
7Department shall base the rate on the latest cost report filed
8by each skilled care facility and intermediate care facility,
9updated to the midpoint of the current rate year. In
10determining rates for services rendered on and after July 1,
111985, fixed time shall not be computed at less than zero. The
12Department shall not make any alterations of regulations which
13would reduce any component of the Medicaid rate to a level
14below what that component would have been utilizing in the rate
15effective on July 1, 1984.
16    (2) Shall take into account the actual costs incurred by
17facilities in providing services for recipients of skilled
18nursing and intermediate care services under the medical
19assistance program.
20    (3) Shall take into account the medical and psycho-social
21characteristics and needs of the patients.
22    (4) Shall take into account the actual costs incurred by
23facilities in meeting licensing and certification standards
24imposed and prescribed by the State of Illinois, any of its
25political subdivisions or municipalities and by the U.S.
26Department of Health and Human Services pursuant to Title XIX

 

 

10000HB3342sam003- 551 -LRB100 08528 JWD 41189 a

1of the Social Security Act.
2    The Department of Healthcare and Family Services shall
3develop precise standards for payments to reimburse nursing
4facilities for any utilization of appropriate rehabilitative
5personnel for the provision of rehabilitative services which is
6authorized by federal regulations, including reimbursement for
7services provided by qualified therapists or qualified
8assistants, and which is in accordance with accepted
9professional practices. Reimbursement also may be made for
10utilization of other supportive personnel under appropriate
11supervision.
12    The Department shall develop enhanced payments to offset
13the additional costs incurred by a facility serving exceptional
14need residents and shall allocate at least $4,000,000 of the
15funds collected from the assessment established by Section 5B-2
16of this Code for such payments. For the purpose of this
17Section, "exceptional needs" means, but need not be limited to,
18ventilator care and traumatic brain injury care. The enhanced
19payments for exceptional need residents under this paragraph
20are not due and payable, however, until (i) the methodologies
21described in this paragraph are approved by the federal
22government in an appropriate State Plan amendment and (ii) the
23assessment imposed by Section 5B-2 of this Code is determined
24to be a permissible tax under Title XIX of the Social Security
25Act.
26    Beginning January 1, 2014 the methodologies for

 

 

10000HB3342sam003- 552 -LRB100 08528 JWD 41189 a

1reimbursement of nursing facility services as provided under
2this Section 5-5.4 shall no longer be applicable for services
3provided on or after January 1, 2014.
4    No payment increase under this Section for the MDS
5methodology, exceptional care residents, or the
6socio-development component rate established by Public Act
796-1530 of the 96th General Assembly and funded by the
8assessment imposed under Section 5B-2 of this Code shall be due
9and payable until after the Department notifies the long-term
10care providers, in writing, that the payment methodologies to
11long-term care providers required under this Section have been
12approved by the Centers for Medicare and Medicaid Services of
13the U.S. Department of Health and Human Services and the
14waivers under 42 CFR 433.68 for the assessment imposed by this
15Section, if necessary, have been granted by the Centers for
16Medicare and Medicaid Services of the U.S. Department of Health
17and Human Services. Upon notification to the Department of
18approval of the payment methodologies required under this
19Section and the waivers granted under 42 CFR 433.68, all
20increased payments otherwise due under this Section prior to
21the date of notification shall be due and payable within 90
22days of the date federal approval is received.
23    On and after July 1, 2012, the Department shall reduce any
24rate of reimbursement for services or other payments or alter
25any methodologies authorized by this Code to reduce any rate of
26reimbursement for services or other payments in accordance with

 

 

10000HB3342sam003- 553 -LRB100 08528 JWD 41189 a

1Section 5-5e.
2(Source: P.A. 100-23, eff. 7-6-17.)
 
3    (305 ILCS 5/5-5.4i)
4    Sec. 5-5.4i. Rates and reimbursements.
5    (a) Within 30 days after July 6, 2017 (the effective date
6of Public Act 100-23) this amendatory Act of the 100th General
7Assembly, the Department shall increase rates and
8reimbursements to fund a minimum of a $0.75 per hour wage
9increase for front-line personnel, including, but not limited
10to, direct support persons, aides, front-line supervisors,
11qualified intellectual disabilities professionals, nurses, and
12non-administrative support staff working in community-based
13provider organizations serving individuals with developmental
14disabilities. The Department shall adopt rules, including
15emergency rules under subsection (y) of Section 5-45 of the
16Illinois Administrative Procedure Act, to implement the
17provisions of this Section.
18    (b) Rates and reimbursements. Within 30 days after the
19effective date of this amendatory Act of the 100th General
20Assembly, the Department shall increase rates and
21reimbursements to fund a minimum of a $0.50 per hour wage
22increase for front-line personnel, including, but not limited
23to, direct support persons, aides, front-line supervisors,
24qualified intellectual disabilities professionals, nurses, and
25non-administrative support staff working in community-based

 

 

10000HB3342sam003- 554 -LRB100 08528 JWD 41189 a

1provider organizations serving individuals with developmental
2disabilities. The Department shall adopt rules, including
3emergency rules under subsection (bb) of Section 5-45 of the
4Illinois Administrative Procedure Act, to implement the
5provisions of this Section.
6(Source: P.A. 100-23, eff. 7-6-17.)
 
7    (305 ILCS 5/5-5.4j new)
8    Sec. 5-5.4j. ID/DD targeted Medicaid rate enhancement.
9Within 30 days after the effective date of this amendatory Act
10of the 100th General Assembly, the Department shall increase
11the Medicaid per diem rate by $21.15 for facilities with more
12than 16 beds licensed by the Department of Public Health under
13the ID/DD Community Care Act located in the Department of
14Public Health's Planning Area 7-B.
 
15    Section 95-25. The Illinois Public Aid Code is amended by
16changing Sections 5-5, 5-30, and 5-30.1 as follows:
 
17    (305 ILCS 5/5-5)  (from Ch. 23, par. 5-5)
18    Sec. 5-5. Medical services. The Illinois Department, by
19rule, shall determine the quantity and quality of and the rate
20of reimbursement for the medical assistance for which payment
21will be authorized, and the medical services to be provided,
22which may include all or part of the following: (1) inpatient
23hospital services; (2) outpatient hospital services; (3) other

 

 

10000HB3342sam003- 555 -LRB100 08528 JWD 41189 a

1laboratory and X-ray services; (4) skilled nursing home
2services; (5) physicians' services whether furnished in the
3office, the patient's home, a hospital, a skilled nursing home,
4or elsewhere; (6) medical care, or any other type of remedial
5care furnished by licensed practitioners; (7) home health care
6services; (8) private duty nursing service; (9) clinic
7services; (10) dental services, including prevention and
8treatment of periodontal disease and dental caries disease for
9pregnant women, provided by an individual licensed to practice
10dentistry or dental surgery; for purposes of this item (10),
11"dental services" means diagnostic, preventive, or corrective
12procedures provided by or under the supervision of a dentist in
13the practice of his or her profession; (11) physical therapy
14and related services; (12) prescribed drugs, dentures, and
15prosthetic devices; and eyeglasses prescribed by a physician
16skilled in the diseases of the eye, or by an optometrist,
17whichever the person may select; (13) other diagnostic,
18screening, preventive, and rehabilitative services, including
19to ensure that the individual's need for intervention or
20treatment of mental disorders or substance use disorders or
21co-occurring mental health and substance use disorders is
22determined using a uniform screening, assessment, and
23evaluation process inclusive of criteria, for children and
24adults; for purposes of this item (13), a uniform screening,
25assessment, and evaluation process refers to a process that
26includes an appropriate evaluation and, as warranted, a

 

 

10000HB3342sam003- 556 -LRB100 08528 JWD 41189 a

1referral; "uniform" does not mean the use of a singular
2instrument, tool, or process that all must utilize; (14)
3transportation and such other expenses as may be necessary;
4(15) medical treatment of sexual assault survivors, as defined
5in Section 1a of the Sexual Assault Survivors Emergency
6Treatment Act, for injuries sustained as a result of the sexual
7assault, including examinations and laboratory tests to
8discover evidence which may be used in criminal proceedings
9arising from the sexual assault; (16) the diagnosis and
10treatment of sickle cell anemia; and (17) any other medical
11care, and any other type of remedial care recognized under the
12laws of this State. The term "any other type of remedial care"
13shall include nursing care and nursing home service for persons
14who rely on treatment by spiritual means alone through prayer
15for healing.
16    Notwithstanding any other provision of this Section, a
17comprehensive tobacco use cessation program that includes
18purchasing prescription drugs or prescription medical devices
19approved by the Food and Drug Administration shall be covered
20under the medical assistance program under this Article for
21persons who are otherwise eligible for assistance under this
22Article.
23    Notwithstanding any other provision of this Code,
24reproductive health care that is otherwise legal in Illinois
25shall be covered under the medical assistance program for
26persons who are otherwise eligible for medical assistance under

 

 

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1this Article.
2    Notwithstanding any other provision of this Code, the
3Illinois Department may not require, as a condition of payment
4for any laboratory test authorized under this Article, that a
5physician's handwritten signature appear on the laboratory
6test order form. The Illinois Department may, however, impose
7other appropriate requirements regarding laboratory test order
8documentation.
9    Upon receipt of federal approval of an amendment to the
10Illinois Title XIX State Plan for this purpose, the Department
11shall authorize the Chicago Public Schools (CPS) to procure a
12vendor or vendors to manufacture eyeglasses for individuals
13enrolled in a school within the CPS system. CPS shall ensure
14that its vendor or vendors are enrolled as providers in the
15medical assistance program and in any capitated Medicaid
16managed care entity (MCE) serving individuals enrolled in a
17school within the CPS system. Under any contract procured under
18this provision, the vendor or vendors must serve only
19individuals enrolled in a school within the CPS system. Claims
20for services provided by CPS's vendor or vendors to recipients
21of benefits in the medical assistance program under this Code,
22the Children's Health Insurance Program, or the Covering ALL
23KIDS Health Insurance Program shall be submitted to the
24Department or the MCE in which the individual is enrolled for
25payment and shall be reimbursed at the Department's or the
26MCE's established rates or rate methodologies for eyeglasses.

 

 

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1    On and after July 1, 2012, the Department of Healthcare and
2Family Services may provide the following services to persons
3eligible for assistance under this Article who are
4participating in education, training or employment programs
5operated by the Department of Human Services as successor to
6the Department of Public Aid:
7        (1) dental services provided by or under the
8    supervision of a dentist; and
9        (2) eyeglasses prescribed by a physician skilled in the
10    diseases of the eye, or by an optometrist, whichever the
11    person may select.
12    On and after July 1, 2018, the Department of Healthcare and
13Family Services shall provide dental services to any adult who
14is otherwise eligible for assistance under the medical
15assistance program. As used in this paragraph, "dental
16services" means diagnostic, preventative, restorative, or
17corrective procedures, including procedures and services for
18the prevention and treatment of periodontal disease and dental
19caries disease, provided by an individual who is licensed to
20practice dentistry or dental surgery or who is under the
21supervision of a dentist in the practice of his or her
22profession.
23    On and after July 1, 2018, targeted dental services, as set
24forth in Exhibit D of the Consent Decree entered by the United
25States District Court for the Northern District of Illinois,
26Eastern Division, in the matter of Memisovski v. Maram, Case

 

 

10000HB3342sam003- 559 -LRB100 08528 JWD 41189 a

1No. 92 C 1982, that are provided to adults under the medical
2assistance program shall be established at no less than the
3rates set forth in the "New Rate" column in Exhibit D of the
4Consent Decree for targeted dental services that are provided
5to persons under the age of 18 under the medical assistance
6program.
7    Notwithstanding any other provision of this Code and
8subject to federal approval, the Department may adopt rules to
9allow a dentist who is volunteering his or her service at no
10cost to render dental services through an enrolled
11not-for-profit health clinic without the dentist personally
12enrolling as a participating provider in the medical assistance
13program. A not-for-profit health clinic shall include a public
14health clinic or Federally Qualified Health Center or other
15enrolled provider, as determined by the Department, through
16which dental services covered under this Section are performed.
17The Department shall establish a process for payment of claims
18for reimbursement for covered dental services rendered under
19this provision.
20    The Illinois Department, by rule, may distinguish and
21classify the medical services to be provided only in accordance
22with the classes of persons designated in Section 5-2.
23    The Department of Healthcare and Family Services must
24provide coverage and reimbursement for amino acid-based
25elemental formulas, regardless of delivery method, for the
26diagnosis and treatment of (i) eosinophilic disorders and (ii)

 

 

10000HB3342sam003- 560 -LRB100 08528 JWD 41189 a

1short bowel syndrome when the prescribing physician has issued
2a written order stating that the amino acid-based elemental
3formula is medically necessary.
4    The Illinois Department shall authorize the provision of,
5and shall authorize payment for, screening by low-dose
6mammography for the presence of occult breast cancer for women
735 years of age or older who are eligible for medical
8assistance under this Article, as follows:
9        (A) A baseline mammogram for women 35 to 39 years of
10    age.
11        (B) An annual mammogram for women 40 years of age or
12    older.
13        (C) A mammogram at the age and intervals considered
14    medically necessary by the woman's health care provider for
15    women under 40 years of age and having a family history of
16    breast cancer, prior personal history of breast cancer,
17    positive genetic testing, or other risk factors.
18        (D) A comprehensive ultrasound screening and MRI of an
19    entire breast or breasts if a mammogram demonstrates
20    heterogeneous or dense breast tissue, when medically
21    necessary as determined by a physician licensed to practice
22    medicine in all of its branches.
23        (E) A screening MRI when medically necessary, as
24    determined by a physician licensed to practice medicine in
25    all of its branches.
26    All screenings shall include a physical breast exam,

 

 

10000HB3342sam003- 561 -LRB100 08528 JWD 41189 a

1instruction on self-examination and information regarding the
2frequency of self-examination and its value as a preventative
3tool. For purposes of this Section, "low-dose mammography"
4means the x-ray examination of the breast using equipment
5dedicated specifically for mammography, including the x-ray
6tube, filter, compression device, and image receptor, with an
7average radiation exposure delivery of less than one rad per
8breast for 2 views of an average size breast. The term also
9includes digital mammography and includes breast
10tomosynthesis. As used in this Section, the term "breast
11tomosynthesis" means a radiologic procedure that involves the
12acquisition of projection images over the stationary breast to
13produce cross-sectional digital three-dimensional images of
14the breast. If, at any time, the Secretary of the United States
15Department of Health and Human Services, or its successor
16agency, promulgates rules or regulations to be published in the
17Federal Register or publishes a comment in the Federal Register
18or issues an opinion, guidance, or other action that would
19require the State, pursuant to any provision of the Patient
20Protection and Affordable Care Act (Public Law 111-148),
21including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
22successor provision, to defray the cost of any coverage for
23breast tomosynthesis outlined in this paragraph, then the
24requirement that an insurer cover breast tomosynthesis is
25inoperative other than any such coverage authorized under
26Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and

 

 

10000HB3342sam003- 562 -LRB100 08528 JWD 41189 a

1the State shall not assume any obligation for the cost of
2coverage for breast tomosynthesis set forth in this paragraph.
3    On and after January 1, 2016, the Department shall ensure
4that all networks of care for adult clients of the Department
5include access to at least one breast imaging Center of Imaging
6Excellence as certified by the American College of Radiology.
7    On and after January 1, 2012, providers participating in a
8quality improvement program approved by the Department shall be
9reimbursed for screening and diagnostic mammography at the same
10rate as the Medicare program's rates, including the increased
11reimbursement for digital mammography.
12    The Department shall convene an expert panel including
13representatives of hospitals, free-standing mammography
14facilities, and doctors, including radiologists, to establish
15quality standards for mammography.
16    On and after January 1, 2017, providers participating in a
17breast cancer treatment quality improvement program approved
18by the Department shall be reimbursed for breast cancer
19treatment at a rate that is no lower than 95% of the Medicare
20program's rates for the data elements included in the breast
21cancer treatment quality program.
22    The Department shall convene an expert panel, including
23representatives of hospitals, free standing breast cancer
24treatment centers, breast cancer quality organizations, and
25doctors, including breast surgeons, reconstructive breast
26surgeons, oncologists, and primary care providers to establish

 

 

10000HB3342sam003- 563 -LRB100 08528 JWD 41189 a

1quality standards for breast cancer treatment.
2    Subject to federal approval, the Department shall
3establish a rate methodology for mammography at federally
4qualified health centers and other encounter-rate clinics.
5These clinics or centers may also collaborate with other
6hospital-based mammography facilities. By January 1, 2016, the
7Department shall report to the General Assembly on the status
8of the provision set forth in this paragraph.
9    The Department shall establish a methodology to remind
10women who are age-appropriate for screening mammography, but
11who have not received a mammogram within the previous 18
12months, of the importance and benefit of screening mammography.
13The Department shall work with experts in breast cancer
14outreach and patient navigation to optimize these reminders and
15shall establish a methodology for evaluating their
16effectiveness and modifying the methodology based on the
17evaluation.
18    The Department shall establish a performance goal for
19primary care providers with respect to their female patients
20over age 40 receiving an annual mammogram. This performance
21goal shall be used to provide additional reimbursement in the
22form of a quality performance bonus to primary care providers
23who meet that goal.
24    The Department shall devise a means of case-managing or
25patient navigation for beneficiaries diagnosed with breast
26cancer. This program shall initially operate as a pilot program

 

 

10000HB3342sam003- 564 -LRB100 08528 JWD 41189 a

1in areas of the State with the highest incidence of mortality
2related to breast cancer. At least one pilot program site shall
3be in the metropolitan Chicago area and at least one site shall
4be outside the metropolitan Chicago area. On or after July 1,
52016, the pilot program shall be expanded to include one site
6in western Illinois, one site in southern Illinois, one site in
7central Illinois, and 4 sites within metropolitan Chicago. An
8evaluation of the pilot program shall be carried out measuring
9health outcomes and cost of care for those served by the pilot
10program compared to similarly situated patients who are not
11served by the pilot program.
12    The Department shall require all networks of care to
13develop a means either internally or by contract with experts
14in navigation and community outreach to navigate cancer
15patients to comprehensive care in a timely fashion. The
16Department shall require all networks of care to include access
17for patients diagnosed with cancer to at least one academic
18commission on cancer-accredited cancer program as an
19in-network covered benefit.
20    Any medical or health care provider shall immediately
21recommend, to any pregnant woman who is being provided prenatal
22services and is suspected of drug abuse or is addicted as
23defined in the Alcoholism and Other Drug Abuse and Dependency
24Act, referral to a local substance abuse treatment provider
25licensed by the Department of Human Services or to a licensed
26hospital which provides substance abuse treatment services.

 

 

10000HB3342sam003- 565 -LRB100 08528 JWD 41189 a

1The Department of Healthcare and Family Services shall assure
2coverage for the cost of treatment of the drug abuse or
3addiction for pregnant recipients in accordance with the
4Illinois Medicaid Program in conjunction with the Department of
5Human Services.
6    All medical providers providing medical assistance to
7pregnant women under this Code shall receive information from
8the Department on the availability of services under the Drug
9Free Families with a Future or any comparable program providing
10case management services for addicted women, including
11information on appropriate referrals for other social services
12that may be needed by addicted women in addition to treatment
13for addiction.
14    The Illinois Department, in cooperation with the
15Departments of Human Services (as successor to the Department
16of Alcoholism and Substance Abuse) and Public Health, through a
17public awareness campaign, may provide information concerning
18treatment for alcoholism and drug abuse and addiction, prenatal
19health care, and other pertinent programs directed at reducing
20the number of drug-affected infants born to recipients of
21medical assistance.
22    Neither the Department of Healthcare and Family Services
23nor the Department of Human Services shall sanction the
24recipient solely on the basis of her substance abuse.
25    The Illinois Department shall establish such regulations
26governing the dispensing of health services under this Article

 

 

10000HB3342sam003- 566 -LRB100 08528 JWD 41189 a

1as it shall deem appropriate. The Department should seek the
2advice of formal professional advisory committees appointed by
3the Director of the Illinois Department for the purpose of
4providing regular advice on policy and administrative matters,
5information dissemination and educational activities for
6medical and health care providers, and consistency in
7procedures to the Illinois Department.
8    The Illinois Department may develop and contract with
9Partnerships of medical providers to arrange medical services
10for persons eligible under Section 5-2 of this Code.
11Implementation of this Section may be by demonstration projects
12in certain geographic areas. The Partnership shall be
13represented by a sponsor organization. The Department, by rule,
14shall develop qualifications for sponsors of Partnerships.
15Nothing in this Section shall be construed to require that the
16sponsor organization be a medical organization.
17    The sponsor must negotiate formal written contracts with
18medical providers for physician services, inpatient and
19outpatient hospital care, home health services, treatment for
20alcoholism and substance abuse, and other services determined
21necessary by the Illinois Department by rule for delivery by
22Partnerships. Physician services must include prenatal and
23obstetrical care. The Illinois Department shall reimburse
24medical services delivered by Partnership providers to clients
25in target areas according to provisions of this Article and the
26Illinois Health Finance Reform Act, except that:

 

 

10000HB3342sam003- 567 -LRB100 08528 JWD 41189 a

1        (1) Physicians participating in a Partnership and
2    providing certain services, which shall be determined by
3    the Illinois Department, to persons in areas covered by the
4    Partnership may receive an additional surcharge for such
5    services.
6        (2) The Department may elect to consider and negotiate
7    financial incentives to encourage the development of
8    Partnerships and the efficient delivery of medical care.
9        (3) Persons receiving medical services through
10    Partnerships may receive medical and case management
11    services above the level usually offered through the
12    medical assistance program.
13    Medical providers shall be required to meet certain
14qualifications to participate in Partnerships to ensure the
15delivery of high quality medical services. These
16qualifications shall be determined by rule of the Illinois
17Department and may be higher than qualifications for
18participation in the medical assistance program. Partnership
19sponsors may prescribe reasonable additional qualifications
20for participation by medical providers, only with the prior
21written approval of the Illinois Department.
22    Nothing in this Section shall limit the free choice of
23practitioners, hospitals, and other providers of medical
24services by clients. In order to ensure patient freedom of
25choice, the Illinois Department shall immediately promulgate
26all rules and take all other necessary actions so that provided

 

 

10000HB3342sam003- 568 -LRB100 08528 JWD 41189 a

1services may be accessed from therapeutically certified
2optometrists to the full extent of the Illinois Optometric
3Practice Act of 1987 without discriminating between service
4providers.
5    The Department shall apply for a waiver from the United
6States Health Care Financing Administration to allow for the
7implementation of Partnerships under this Section.
8    The Illinois Department shall require health care
9providers to maintain records that document the medical care
10and services provided to recipients of Medical Assistance under
11this Article. Such records must be retained for a period of not
12less than 6 years from the date of service or as provided by
13applicable State law, whichever period is longer, except that
14if an audit is initiated within the required retention period
15then the records must be retained until the audit is completed
16and every exception is resolved. The Illinois Department shall
17require health care providers to make available, when
18authorized by the patient, in writing, the medical records in a
19timely fashion to other health care providers who are treating
20or serving persons eligible for Medical Assistance under this
21Article. All dispensers of medical services shall be required
22to maintain and retain business and professional records
23sufficient to fully and accurately document the nature, scope,
24details and receipt of the health care provided to persons
25eligible for medical assistance under this Code, in accordance
26with regulations promulgated by the Illinois Department. The

 

 

10000HB3342sam003- 569 -LRB100 08528 JWD 41189 a

1rules and regulations shall require that proof of the receipt
2of prescription drugs, dentures, prosthetic devices and
3eyeglasses by eligible persons under this Section accompany
4each claim for reimbursement submitted by the dispenser of such
5medical services. No such claims for reimbursement shall be
6approved for payment by the Illinois Department without such
7proof of receipt, unless the Illinois Department shall have put
8into effect and shall be operating a system of post-payment
9audit and review which shall, on a sampling basis, be deemed
10adequate by the Illinois Department to assure that such drugs,
11dentures, prosthetic devices and eyeglasses for which payment
12is being made are actually being received by eligible
13recipients. Within 90 days after September 16, 1984 (the
14effective date of Public Act 83-1439), the Illinois Department
15shall establish a current list of acquisition costs for all
16prosthetic devices and any other items recognized as medical
17equipment and supplies reimbursable under this Article and
18shall update such list on a quarterly basis, except that the
19acquisition costs of all prescription drugs shall be updated no
20less frequently than every 30 days as required by Section
215-5.12.
22    Notwithstanding any other law to the contrary, the Illinois
23Department shall, within 365 days after July 22, 2013 (the
24effective date of Public Act 98-104), establish procedures to
25permit skilled care facilities licensed under the Nursing Home
26Care Act to submit monthly billing claims for reimbursement

 

 

10000HB3342sam003- 570 -LRB100 08528 JWD 41189 a

1purposes. Following development of these procedures, the
2Department shall, by July 1, 2016, test the viability of the
3new system and implement any necessary operational or
4structural changes to its information technology platforms in
5order to allow for the direct acceptance and payment of nursing
6home claims.
7    Notwithstanding any other law to the contrary, the Illinois
8Department shall, within 365 days after August 15, 2014 (the
9effective date of Public Act 98-963), establish procedures to
10permit ID/DD facilities licensed under the ID/DD Community Care
11Act and MC/DD facilities licensed under the MC/DD Act to submit
12monthly billing claims for reimbursement purposes. Following
13development of these procedures, the Department shall have an
14additional 365 days to test the viability of the new system and
15to ensure that any necessary operational or structural changes
16to its information technology platforms are implemented.
17    The Illinois Department shall require all dispensers of
18medical services, other than an individual practitioner or
19group of practitioners, desiring to participate in the Medical
20Assistance program established under this Article to disclose
21all financial, beneficial, ownership, equity, surety or other
22interests in any and all firms, corporations, partnerships,
23associations, business enterprises, joint ventures, agencies,
24institutions or other legal entities providing any form of
25health care services in this State under this Article.
26    The Illinois Department may require that all dispensers of

 

 

10000HB3342sam003- 571 -LRB100 08528 JWD 41189 a

1medical services desiring to participate in the medical
2assistance program established under this Article disclose,
3under such terms and conditions as the Illinois Department may
4by rule establish, all inquiries from clients and attorneys
5regarding medical bills paid by the Illinois Department, which
6inquiries could indicate potential existence of claims or liens
7for the Illinois Department.
8    Enrollment of a vendor shall be subject to a provisional
9period and shall be conditional for one year. During the period
10of conditional enrollment, the Department may terminate the
11vendor's eligibility to participate in, or may disenroll the
12vendor from, the medical assistance program without cause.
13Unless otherwise specified, such termination of eligibility or
14disenrollment is not subject to the Department's hearing
15process. However, a disenrolled vendor may reapply without
16penalty.
17    The Department has the discretion to limit the conditional
18enrollment period for vendors based upon category of risk of
19the vendor.
20    Prior to enrollment and during the conditional enrollment
21period in the medical assistance program, all vendors shall be
22subject to enhanced oversight, screening, and review based on
23the risk of fraud, waste, and abuse that is posed by the
24category of risk of the vendor. The Illinois Department shall
25establish the procedures for oversight, screening, and review,
26which may include, but need not be limited to: criminal and

 

 

10000HB3342sam003- 572 -LRB100 08528 JWD 41189 a

1financial background checks; fingerprinting; license,
2certification, and authorization verifications; unscheduled or
3unannounced site visits; database checks; prepayment audit
4reviews; audits; payment caps; payment suspensions; and other
5screening as required by federal or State law.
6    The Department shall define or specify the following: (i)
7by provider notice, the "category of risk of the vendor" for
8each type of vendor, which shall take into account the level of
9screening applicable to a particular category of vendor under
10federal law and regulations; (ii) by rule or provider notice,
11the maximum length of the conditional enrollment period for
12each category of risk of the vendor; and (iii) by rule, the
13hearing rights, if any, afforded to a vendor in each category
14of risk of the vendor that is terminated or disenrolled during
15the conditional enrollment period.
16    To be eligible for payment consideration, a vendor's
17payment claim or bill, either as an initial claim or as a
18resubmitted claim following prior rejection, must be received
19by the Illinois Department, or its fiscal intermediary, no
20later than 180 days after the latest date on the claim on which
21medical goods or services were provided, with the following
22exceptions:
23        (1) In the case of a provider whose enrollment is in
24    process by the Illinois Department, the 180-day period
25    shall not begin until the date on the written notice from
26    the Illinois Department that the provider enrollment is

 

 

10000HB3342sam003- 573 -LRB100 08528 JWD 41189 a

1    complete.
2        (2) In the case of errors attributable to the Illinois
3    Department or any of its claims processing intermediaries
4    which result in an inability to receive, process, or
5    adjudicate a claim, the 180-day period shall not begin
6    until the provider has been notified of the error.
7        (3) In the case of a provider for whom the Illinois
8    Department initiates the monthly billing process.
9        (4) In the case of a provider operated by a unit of
10    local government with a population exceeding 3,000,000
11    when local government funds finance federal participation
12    for claims payments.
13    For claims for services rendered during a period for which
14a recipient received retroactive eligibility, claims must be
15filed within 180 days after the Department determines the
16applicant is eligible. For claims for which the Illinois
17Department is not the primary payer, claims must be submitted
18to the Illinois Department within 180 days after the final
19adjudication by the primary payer.
20    In the case of long term care facilities, within 45
21calendar days of receipt by the facility of required
22prescreening information, new admissions with associated
23admission documents shall be submitted through the Medical
24Electronic Data Interchange (MEDI) or the Recipient
25Eligibility Verification (REV) System or shall be submitted
26directly to the Department of Human Services using required

 

 

10000HB3342sam003- 574 -LRB100 08528 JWD 41189 a

1admission forms. Effective September 1, 2014, admission
2documents, including all prescreening information, must be
3submitted through MEDI or REV. Confirmation numbers assigned to
4an accepted transaction shall be retained by a facility to
5verify timely submittal. Once an admission transaction has been
6completed, all resubmitted claims following prior rejection
7are subject to receipt no later than 180 days after the
8admission transaction has been completed.
9    Claims that are not submitted and received in compliance
10with the foregoing requirements shall not be eligible for
11payment under the medical assistance program, and the State
12shall have no liability for payment of those claims.
13    To the extent consistent with applicable information and
14privacy, security, and disclosure laws, State and federal
15agencies and departments shall provide the Illinois Department
16access to confidential and other information and data necessary
17to perform eligibility and payment verifications and other
18Illinois Department functions. This includes, but is not
19limited to: information pertaining to licensure;
20certification; earnings; immigration status; citizenship; wage
21reporting; unearned and earned income; pension income;
22employment; supplemental security income; social security
23numbers; National Provider Identifier (NPI) numbers; the
24National Practitioner Data Bank (NPDB); program and agency
25exclusions; taxpayer identification numbers; tax delinquency;
26corporate information; and death records.

 

 

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1    The Illinois Department shall enter into agreements with
2State agencies and departments, and is authorized to enter into
3agreements with federal agencies and departments, under which
4such agencies and departments shall share data necessary for
5medical assistance program integrity functions and oversight.
6The Illinois Department shall develop, in cooperation with
7other State departments and agencies, and in compliance with
8applicable federal laws and regulations, appropriate and
9effective methods to share such data. At a minimum, and to the
10extent necessary to provide data sharing, the Illinois
11Department shall enter into agreements with State agencies and
12departments, and is authorized to enter into agreements with
13federal agencies and departments, including but not limited to:
14the Secretary of State; the Department of Revenue; the
15Department of Public Health; the Department of Human Services;
16and the Department of Financial and Professional Regulation.
17    Beginning in fiscal year 2013, the Illinois Department
18shall set forth a request for information to identify the
19benefits of a pre-payment, post-adjudication, and post-edit
20claims system with the goals of streamlining claims processing
21and provider reimbursement, reducing the number of pending or
22rejected claims, and helping to ensure a more transparent
23adjudication process through the utilization of: (i) provider
24data verification and provider screening technology; and (ii)
25clinical code editing; and (iii) pre-pay, pre- or
26post-adjudicated predictive modeling with an integrated case

 

 

10000HB3342sam003- 576 -LRB100 08528 JWD 41189 a

1management system with link analysis. Such a request for
2information shall not be considered as a request for proposal
3or as an obligation on the part of the Illinois Department to
4take any action or acquire any products or services.
5    The Illinois Department shall establish policies,
6procedures, standards and criteria by rule for the acquisition,
7repair and replacement of orthotic and prosthetic devices and
8durable medical equipment. Such rules shall provide, but not be
9limited to, the following services: (1) immediate repair or
10replacement of such devices by recipients; and (2) rental,
11lease, purchase or lease-purchase of durable medical equipment
12in a cost-effective manner, taking into consideration the
13recipient's medical prognosis, the extent of the recipient's
14needs, and the requirements and costs for maintaining such
15equipment. Subject to prior approval, such rules shall enable a
16recipient to temporarily acquire and use alternative or
17substitute devices or equipment pending repairs or
18replacements of any device or equipment previously authorized
19for such recipient by the Department. Notwithstanding any
20provision of Section 5-5f to the contrary, the Department may,
21by rule, exempt certain replacement wheelchair parts from prior
22approval and, for wheelchairs, wheelchair parts, wheelchair
23accessories, and related seating and positioning items,
24determine the wholesale price by methods other than actual
25acquisition costs.
26    The Department shall require, by rule, all providers of

 

 

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1durable medical equipment to be accredited by an accreditation
2organization approved by the federal Centers for Medicare and
3Medicaid Services and recognized by the Department in order to
4bill the Department for providing durable medical equipment to
5recipients. No later than 15 months after the effective date of
6the rule adopted pursuant to this paragraph, all providers must
7meet the accreditation requirement.
8    The Department shall execute, relative to the nursing home
9prescreening project, written inter-agency agreements with the
10Department of Human Services and the Department on Aging, to
11effect the following: (i) intake procedures and common
12eligibility criteria for those persons who are receiving
13non-institutional services; and (ii) the establishment and
14development of non-institutional services in areas of the State
15where they are not currently available or are undeveloped; and
16(iii) notwithstanding any other provision of law, subject to
17federal approval, on and after July 1, 2012, an increase in the
18determination of need (DON) scores from 29 to 37 for applicants
19for institutional and home and community-based long term care;
20if and only if federal approval is not granted, the Department
21may, in conjunction with other affected agencies, implement
22utilization controls or changes in benefit packages to
23effectuate a similar savings amount for this population; and
24(iv) no later than July 1, 2013, minimum level of care
25eligibility criteria for institutional and home and
26community-based long term care; and (v) no later than October

 

 

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11, 2013, establish procedures to permit long term care
2providers access to eligibility scores for individuals with an
3admission date who are seeking or receiving services from the
4long term care provider. In order to select the minimum level
5of care eligibility criteria, the Governor shall establish a
6workgroup that includes affected agency representatives and
7stakeholders representing the institutional and home and
8community-based long term care interests. This Section shall
9not restrict the Department from implementing lower level of
10care eligibility criteria for community-based services in
11circumstances where federal approval has been granted.
12    The Illinois Department shall develop and operate, in
13cooperation with other State Departments and agencies and in
14compliance with applicable federal laws and regulations,
15appropriate and effective systems of health care evaluation and
16programs for monitoring of utilization of health care services
17and facilities, as it affects persons eligible for medical
18assistance under this Code.
19    The Illinois Department shall report annually to the
20General Assembly, no later than the second Friday in April of
211979 and each year thereafter, in regard to:
22        (a) actual statistics and trends in utilization of
23    medical services by public aid recipients;
24        (b) actual statistics and trends in the provision of
25    the various medical services by medical vendors;
26        (c) current rate structures and proposed changes in

 

 

10000HB3342sam003- 579 -LRB100 08528 JWD 41189 a

1    those rate structures for the various medical vendors; and
2        (d) efforts at utilization review and control by the
3    Illinois Department.
4    The period covered by each report shall be the 3 years
5ending on the June 30 prior to the report. The report shall
6include suggested legislation for consideration by the General
7Assembly. The filing of one copy of the report with the
8Speaker, one copy with the Minority Leader and one copy with
9the Clerk of the House of Representatives, one copy with the
10President, one copy with the Minority Leader and one copy with
11the Secretary of the Senate, one copy with the Legislative
12Research Unit, and such additional copies with the State
13Government Report Distribution Center for the General Assembly
14as is required under paragraph (t) of Section 7 of the State
15Library Act shall be deemed sufficient to comply with this
16Section.
17    Rulemaking authority to implement Public Act 95-1045, if
18any, is conditioned on the rules being adopted in accordance
19with all provisions of the Illinois Administrative Procedure
20Act and all rules and procedures of the Joint Committee on
21Administrative Rules; any purported rule not so adopted, for
22whatever reason, is unauthorized.
23    On and after July 1, 2012, the Department shall reduce any
24rate of reimbursement for services or other payments or alter
25any methodologies authorized by this Code to reduce any rate of
26reimbursement for services or other payments in accordance with

 

 

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1Section 5-5e.
2    Because kidney transplantation can be an appropriate, cost
3effective alternative to renal dialysis when medically
4necessary and notwithstanding the provisions of Section 1-11 of
5this Code, beginning October 1, 2014, the Department shall
6cover kidney transplantation for noncitizens with end-stage
7renal disease who are not eligible for comprehensive medical
8benefits, who meet the residency requirements of Section 5-3 of
9this Code, and who would otherwise meet the financial
10requirements of the appropriate class of eligible persons under
11Section 5-2 of this Code. To qualify for coverage of kidney
12transplantation, such person must be receiving emergency renal
13dialysis services covered by the Department. Providers under
14this Section shall be prior approved and certified by the
15Department to perform kidney transplantation and the services
16under this Section shall be limited to services associated with
17kidney transplantation.
18    Notwithstanding any other provision of this Code to the
19contrary, on or after July 1, 2015, all FDA approved forms of
20medication assisted treatment prescribed for the treatment of
21alcohol dependence or treatment of opioid dependence shall be
22covered under both fee for service and managed care medical
23assistance programs for persons who are otherwise eligible for
24medical assistance under this Article and shall not be subject
25to any (1) utilization control, other than those established
26under the American Society of Addiction Medicine patient

 

 

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1placement criteria, (2) prior authorization mandate, or (3)
2lifetime restriction limit mandate.
3    On or after July 1, 2015, opioid antagonists prescribed for
4the treatment of an opioid overdose, including the medication
5product, administration devices, and any pharmacy fees related
6to the dispensing and administration of the opioid antagonist,
7shall be covered under the medical assistance program for
8persons who are otherwise eligible for medical assistance under
9this Article. As used in this Section, "opioid antagonist"
10means a drug that binds to opioid receptors and blocks or
11inhibits the effect of opioids acting on those receptors,
12including, but not limited to, naloxone hydrochloride or any
13other similarly acting drug approved by the U.S. Food and Drug
14Administration.
15    Upon federal approval, the Department shall provide
16coverage and reimbursement for all drugs that are approved for
17marketing by the federal Food and Drug Administration and that
18are recommended by the federal Public Health Service or the
19United States Centers for Disease Control and Prevention for
20pre-exposure prophylaxis and related pre-exposure prophylaxis
21services, including, but not limited to, HIV and sexually
22transmitted infection screening, treatment for sexually
23transmitted infections, medical monitoring, assorted labs, and
24counseling to reduce the likelihood of HIV infection among
25individuals who are not infected with HIV but who are at high
26risk of HIV infection.

 

 

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1(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
299-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for
3the effective date of P.A. 99-407); 99-433, eff. 8-21-15;
499-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff.
57-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201,
6eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18;
7100-538, eff. 1-1-18; revised 10-26-17.)
 
8    (305 ILCS 5/5-30)
9    Sec. 5-30. Care coordination.
10    (a) At least 50% of recipients eligible for comprehensive
11medical benefits in all medical assistance programs or other
12health benefit programs administered by the Department,
13including the Children's Health Insurance Program Act and the
14Covering ALL KIDS Health Insurance Act, shall be enrolled in a
15care coordination program by no later than January 1, 2015. For
16purposes of this Section, "coordinated care" or "care
17coordination" means delivery systems where recipients will
18receive their care from providers who participate under
19contract in integrated delivery systems that are responsible
20for providing or arranging the majority of care, including
21primary care physician services, referrals from primary care
22physicians, diagnostic and treatment services, behavioral
23health services, in-patient and outpatient hospital services,
24dental services, and rehabilitation and long-term care
25services. The Department shall designate or contract for such

 

 

10000HB3342sam003- 583 -LRB100 08528 JWD 41189 a

1integrated delivery systems (i) to ensure enrollees have a
2choice of systems and of primary care providers within such
3systems; (ii) to ensure that enrollees receive quality care in
4a culturally and linguistically appropriate manner; and (iii)
5to ensure that coordinated care programs meet the diverse needs
6of enrollees with developmental, mental health, physical, and
7age-related disabilities.
8    (b) Payment for such coordinated care shall be based on
9arrangements where the State pays for performance related to
10health care outcomes, the use of evidence-based practices, the
11use of primary care delivered through comprehensive medical
12homes, the use of electronic medical records, and the
13appropriate exchange of health information electronically made
14either on a capitated basis in which a fixed monthly premium
15per recipient is paid and full financial risk is assumed for
16the delivery of services, or through other risk-based payment
17arrangements.
18    (c) To qualify for compliance with this Section, the 50%
19goal shall be achieved by enrolling medical assistance
20enrollees from each medical assistance enrollment category,
21including parents, children, seniors, and people with
22disabilities to the extent that current State Medicaid payment
23laws would not limit federal matching funds for recipients in
24care coordination programs. In addition, services must be more
25comprehensively defined and more risk shall be assumed than in
26the Department's primary care case management program as of

 

 

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1January 25, 2011 (the effective date of Public Act 96-1501).
2    (d) The Department shall report to the General Assembly in
3a separate part of its annual medical assistance program
4report, beginning April, 2012 until April, 2016, on the
5progress and implementation of the care coordination program
6initiatives established by the provisions of Public Act
796-1501. The Department shall include in its April 2011 report
8a full analysis of federal laws or regulations regarding upper
9payment limitations to providers and the necessary revisions or
10adjustments in rate methodologies and payments to providers
11under this Code that would be necessary to implement
12coordinated care with full financial risk by a party other than
13the Department.
14    (e) Integrated Care Program for individuals with chronic
15mental health conditions.
16        (1) The Integrated Care Program shall encompass
17    services administered to recipients of medical assistance
18    under this Article to prevent exacerbations and
19    complications using cost-effective, evidence-based
20    practice guidelines and mental health management
21    strategies.
22        (2) The Department may utilize and expand upon existing
23    contractual arrangements with integrated care plans under
24    the Integrated Care Program for providing the coordinated
25    care provisions of this Section.
26        (3) Payment for such coordinated care shall be based on

 

 

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1    arrangements where the State pays for performance related
2    to mental health outcomes on a capitated basis in which a
3    fixed monthly premium per recipient is paid and full
4    financial risk is assumed for the delivery of services, or
5    through other risk-based payment arrangements such as
6    provider-based care coordination.
7        (4) The Department shall examine whether chronic
8    mental health management programs and services for
9    recipients with specific chronic mental health conditions
10    do any or all of the following:
11            (A) Improve the patient's overall mental health in
12        a more expeditious and cost-effective manner.
13            (B) Lower costs in other aspects of the medical
14        assistance program, such as hospital admissions,
15        emergency room visits, or more frequent and
16        inappropriate psychotropic drug use.
17        (5) The Department shall work with the facilities and
18    any integrated care plan participating in the program to
19    identify and correct barriers to the successful
20    implementation of this subsection (e) prior to and during
21    the implementation to best facilitate the goals and
22    objectives of this subsection (e).
23    (f) A hospital that is located in a county of the State in
24which the Department mandates some or all of the beneficiaries
25of the Medical Assistance Program residing in the county to
26enroll in a Care Coordination Program, as set forth in Section

 

 

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15-30 of this Code, shall not be eligible for any non-claims
2based payments not mandated by Article V-A of this Code for
3which it would otherwise be qualified to receive, unless the
4hospital is a Coordinated Care Participating Hospital no later
5than 60 days after June 14, 2012 (the effective date of Public
6Act 97-689) or 60 days after the first mandatory enrollment of
7a beneficiary in a Coordinated Care program. For purposes of
8this subsection, "Coordinated Care Participating Hospital"
9means a hospital that meets one of the following criteria:
10        (1) The hospital has entered into a contract to provide
11    hospital services with one or more MCOs to enrollees of the
12    care coordination program.
13        (2) The hospital has not been offered a contract by a
14    care coordination plan that the Department has determined
15    to be a good faith offer and that pays at least as much as
16    the Department would pay, on a fee-for-service basis, not
17    including disproportionate share hospital adjustment
18    payments or any other supplemental adjustment or add-on
19    payment to the base fee-for-service rate, except to the
20    extent such adjustments or add-on payments are
21    incorporated into the development of the applicable MCO
22    capitated rates.
23    As used in this subsection (f), "MCO" means any entity
24which contracts with the Department to provide services where
25payment for medical services is made on a capitated basis.
26    (g) No later than August 1, 2013, the Department shall

 

 

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1issue a purchase of care solicitation for Accountable Care
2Entities (ACE) to serve any children and parents or caretaker
3relatives of children eligible for medical assistance under
4this Article. An ACE may be a single corporate structure or a
5network of providers organized through contractual
6relationships with a single corporate entity. The solicitation
7shall require that:
8        (1) An ACE operating in Cook County be capable of
9    serving at least 40,000 eligible individuals in that
10    county; an ACE operating in Lake, Kane, DuPage, or Will
11    Counties be capable of serving at least 20,000 eligible
12    individuals in those counties and an ACE operating in other
13    regions of the State be capable of serving at least 10,000
14    eligible individuals in the region in which it operates.
15    During initial periods of mandatory enrollment, the
16    Department shall require its enrollment services
17    contractor to use a default assignment algorithm that
18    ensures if possible an ACE reaches the minimum enrollment
19    levels set forth in this paragraph.
20        (2) An ACE must include at a minimum the following
21    types of providers: primary care, specialty care,
22    hospitals, and behavioral healthcare.
23        (3) An ACE shall have a governance structure that
24    includes the major components of the health care delivery
25    system, including one representative from each of the
26    groups listed in paragraph (2).

 

 

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1        (4) An ACE must be an integrated delivery system,
2    including a network able to provide the full range of
3    services needed by Medicaid beneficiaries and system
4    capacity to securely pass clinical information across
5    participating entities and to aggregate and analyze that
6    data in order to coordinate care.
7        (5) An ACE must be capable of providing both care
8    coordination and complex case management, as necessary, to
9    beneficiaries. To be responsive to the solicitation, a
10    potential ACE must outline its care coordination and
11    complex case management model and plan to reduce the cost
12    of care.
13        (6) In the first 18 months of operation, unless the ACE
14    selects a shorter period, an ACE shall be paid care
15    coordination fees on a per member per month basis that are
16    projected to be cost neutral to the State during the term
17    of their payment and, subject to federal approval, be
18    eligible to share in additional savings generated by their
19    care coordination.
20        (7) In months 19 through 36 of operation, unless the
21    ACE selects a shorter period, an ACE shall be paid on a
22    pre-paid capitation basis for all medical assistance
23    covered services, under contract terms similar to Managed
24    Care Organizations (MCO), with the Department sharing the
25    risk through either stop-loss insurance for extremely high
26    cost individuals or corridors of shared risk based on the

 

 

10000HB3342sam003- 589 -LRB100 08528 JWD 41189 a

1    overall cost of the total enrollment in the ACE. The ACE
2    shall be responsible for claims processing, encounter data
3    submission, utilization control, and quality assurance.
4        (8) In the fourth and subsequent years of operation, an
5    ACE shall convert to a Managed Care Community Network
6    (MCCN), as defined in this Article, or Health Maintenance
7    Organization pursuant to the Illinois Insurance Code,
8    accepting full-risk capitation payments.
9    The Department shall allow potential ACE entities 5 months
10from the date of the posting of the solicitation to submit
11proposals. After the solicitation is released, in addition to
12the MCO rate development data available on the Department's
13website, subject to federal and State confidentiality and
14privacy laws and regulations, the Department shall provide 2
15years of de-identified summary service data on the targeted
16population, split between children and adults, showing the
17historical type and volume of services received and the cost of
18those services to those potential bidders that sign a data use
19agreement. The Department may add up to 2 non-state government
20employees with expertise in creating integrated delivery
21systems to its review team for the purchase of care
22solicitation described in this subsection. Any such
23individuals must sign a no-conflict disclosure and
24confidentiality agreement and agree to act in accordance with
25all applicable State laws.
26    During the first 2 years of an ACE's operation, the

 

 

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1Department shall provide claims data to the ACE on its
2enrollees on a periodic basis no less frequently than monthly.
3    Nothing in this subsection shall be construed to limit the
4Department's mandate to enroll 50% of its beneficiaries into
5care coordination systems by January 1, 2015, using all
6available care coordination delivery systems, including Care
7Coordination Entities (CCE), MCCNs, or MCOs, nor be construed
8to affect the current CCEs, MCCNs, and MCOs selected to serve
9seniors and persons with disabilities prior to that date.
10    Nothing in this subsection precludes the Department from
11considering future proposals for new ACEs or expansion of
12existing ACEs at the discretion of the Department.
13    (h) Department contracts with MCOs and other entities
14reimbursed by risk based capitation shall have a minimum
15medical loss ratio of 85%, shall require the entity to
16establish an appeals and grievances process for consumers and
17providers, and shall require the entity to provide a quality
18assurance and utilization review program. Entities contracted
19with the Department to coordinate healthcare regardless of risk
20shall be measured utilizing the same quality metrics. The
21quality metrics may be population specific. Any contracted
22entity serving at least 5,000 seniors or people with
23disabilities or 15,000 individuals in other populations
24covered by the Medical Assistance Program that has been
25receiving full-risk capitation for a year shall be accredited
26by a national accreditation organization authorized by the

 

 

10000HB3342sam003- 591 -LRB100 08528 JWD 41189 a

1Department within 2 years after the date it is eligible to
2become accredited. The requirements of this subsection shall
3apply to contracts with MCOs entered into or renewed or
4extended after June 1, 2013.
5    (h-5) The Department shall monitor and enforce compliance
6by MCOs with agreements they have entered into with providers
7on issues that include, but are not limited to, timeliness of
8payment, payment rates, and processes for obtaining prior
9approval. The Department may impose sanctions on MCOs for
10violating provisions of those agreements that include, but are
11not limited to, financial penalties, suspension of enrollment
12of new enrollees, and termination of the MCO's contract with
13the Department. As used in this subsection (h-5), "MCO" has the
14meaning ascribed to that term in Section 5-30.1 of this Code.
15    (i) Unless otherwise required by federal law, Medicaid
16Managed Care Entities and their respective business associates
17shall not disclose, directly or indirectly, including by
18sending a bill or explanation of benefits, information
19concerning the sensitive health services received by enrollees
20of the Medicaid Managed Care Entity to any person other than
21covered entities and business associates, which may receive,
22use, and further disclose such information solely for the
23purposes permitted under applicable federal and State laws and
24regulations if such use and further disclosure satisfies all
25applicable requirements of such laws and regulations. The
26Medicaid Managed Care Entity or its respective business

 

 

10000HB3342sam003- 592 -LRB100 08528 JWD 41189 a

1associates may disclose information concerning the sensitive
2health services if the enrollee who received the sensitive
3health services requests the information from the Medicaid
4Managed Care Entity or its respective business associates and
5authorized the sending of a bill or explanation of benefits.
6Communications including, but not limited to, statements of
7care received or appointment reminders either directly or
8indirectly to the enrollee from the health care provider,
9health care professional, and care coordinators, remain
10permissible. Medicaid Managed Care Entities or their
11respective business associates may communicate directly with
12their enrollees regarding care coordination activities for
13those enrollees.
14    For the purposes of this subsection, the term "Medicaid
15Managed Care Entity" includes Care Coordination Entities,
16Accountable Care Entities, Managed Care Organizations, and
17Managed Care Community Networks.
18    For purposes of this subsection, the term "sensitive health
19services" means mental health services, substance abuse
20treatment services, reproductive health services, family
21planning services, services for sexually transmitted
22infections and sexually transmitted diseases, and services for
23sexual assault or domestic abuse. Services include prevention,
24screening, consultation, examination, treatment, or follow-up.
25    For purposes of this subsection, "business associate",
26"covered entity", "disclosure", and "use" have the meanings

 

 

10000HB3342sam003- 593 -LRB100 08528 JWD 41189 a

1ascribed to those terms in 45 CFR 160.103.
2    Nothing in this subsection shall be construed to relieve a
3Medicaid Managed Care Entity or the Department of any duty to
4report incidents of sexually transmitted infections to the
5Department of Public Health or to the local board of health in
6accordance with regulations adopted under a statute or
7ordinance or to report incidents of sexually transmitted
8infections as necessary to comply with the requirements under
9Section 5 of the Abused and Neglected Child Reporting Act or as
10otherwise required by State or federal law.
11    The Department shall create policy in order to implement
12the requirements in this subsection.
13    (j) Managed Care Entities (MCEs), including MCOs and all
14other care coordination organizations, shall develop and
15maintain a written language access policy that sets forth the
16standards, guidelines, and operational plan to ensure language
17appropriate services and that is consistent with the standard
18of meaningful access for populations with limited English
19proficiency. The language access policy shall describe how the
20MCEs will provide all of the following required services:
21        (1) Translation (the written replacement of text from
22    one language into another) of all vital documents and forms
23    as identified by the Department.
24        (2) Qualified interpreter services (the oral
25    communication of a message from one language into another
26    by a qualified interpreter).

 

 

10000HB3342sam003- 594 -LRB100 08528 JWD 41189 a

1        (3) Staff training on the language access policy,
2    including how to identify language needs, access and
3    provide language assistance services, work with
4    interpreters, request translations, and track the use of
5    language assistance services.
6        (4) Data tracking that identifies the language need.
7        (5) Notification to participants on the availability
8    of language access services and on how to access such
9    services.
10    (k) The Department shall actively monitor the contractual
11relationship between Managed Care Organizations (MCOs) and any
12dental administrator contracted by an MCO to provide dental
13services. The Department shall adopt appropriate dental
14Healthcare Effectiveness Data and Information Set (HEDIS)
15measures and shall include the Annual Dental Visit (ADV) HEDIS
16measure in its Health Plan Comparison Tool and Illinois
17Medicaid Plan Report Card that is available on the Department's
18website for enrolled individuals.
19    The Department shall collect from each MCO specific
20information about the types of contracted, broad-based care
21coordination occurring between the MCO and any dental
22administrator, including, but not limited to, pregnant women
23and diabetic patients in need of oral care.
24(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
2599-106, eff. 1-1-16; 99-181, eff. 7-29-15; 99-566, eff. 1-1-17;
2699-642, eff. 7-28-16.)
 

 

 

10000HB3342sam003- 595 -LRB100 08528 JWD 41189 a

1    (305 ILCS 5/5-30.1)
2    Sec. 5-30.1. Managed care protections.
3    (a) As used in this Section:
4    "Managed care organization" or "MCO" means any entity which
5contracts with the Department to provide services where payment
6for medical services is made on a capitated basis.
7    "Emergency services" include:
8        (1) emergency services, as defined by Section 10 of the
9    Managed Care Reform and Patient Rights Act;
10        (2) emergency medical screening examinations, as
11    defined by Section 10 of the Managed Care Reform and
12    Patient Rights Act;
13        (3) post-stabilization medical services, as defined by
14    Section 10 of the Managed Care Reform and Patient Rights
15    Act; and
16        (4) emergency medical conditions, as defined by
17    Section 10 of the Managed Care Reform and Patient Rights
18    Act.
19    (b) As provided by Section 5-16.12, managed care
20organizations are subject to the provisions of the Managed Care
21Reform and Patient Rights Act.
22    (c) An MCO shall pay any provider of emergency services
23that does not have in effect a contract with the contracted
24Medicaid MCO. The default rate of reimbursement shall be the
25rate paid under Illinois Medicaid fee-for-service program

 

 

10000HB3342sam003- 596 -LRB100 08528 JWD 41189 a

1methodology, including all policy adjusters, including but not
2limited to Medicaid High Volume Adjustments, Medicaid
3Percentage Adjustments, Outpatient High Volume Adjustments,
4and all outlier add-on adjustments to the extent such
5adjustments are incorporated in the development of the
6applicable MCO capitated rates.
7    (d) An MCO shall pay for all post-stabilization services as
8a covered service in any of the following situations:
9        (1) the MCO authorized such services;
10        (2) such services were administered to maintain the
11    enrollee's stabilized condition within one hour after a
12    request to the MCO for authorization of further
13    post-stabilization services;
14        (3) the MCO did not respond to a request to authorize
15    such services within one hour;
16        (4) the MCO could not be contacted; or
17        (5) the MCO and the treating provider, if the treating
18    provider is a non-affiliated provider, could not reach an
19    agreement concerning the enrollee's care and an affiliated
20    provider was unavailable for a consultation, in which case
21    the MCO must pay for such services rendered by the treating
22    non-affiliated provider until an affiliated provider was
23    reached and either concurred with the treating
24    non-affiliated provider's plan of care or assumed
25    responsibility for the enrollee's care. Such payment shall
26    be made at the default rate of reimbursement paid under

 

 

10000HB3342sam003- 597 -LRB100 08528 JWD 41189 a

1    Illinois Medicaid fee-for-service program methodology,
2    including all policy adjusters, including but not limited
3    to Medicaid High Volume Adjustments, Medicaid Percentage
4    Adjustments, Outpatient High Volume Adjustments and all
5    outlier add-on adjustments to the extent that such
6    adjustments are incorporated in the development of the
7    applicable MCO capitated rates.
8    (e) The following requirements apply to MCOs in determining
9payment for all emergency services:
10        (1) MCOs shall not impose any requirements for prior
11    approval of emergency services.
12        (2) The MCO shall cover emergency services provided to
13    enrollees who are temporarily away from their residence and
14    outside the contracting area to the extent that the
15    enrollees would be entitled to the emergency services if
16    they still were within the contracting area.
17        (3) The MCO shall have no obligation to cover medical
18    services provided on an emergency basis that are not
19    covered services under the contract.
20        (4) The MCO shall not condition coverage for emergency
21    services on the treating provider notifying the MCO of the
22    enrollee's screening and treatment within 10 days after
23    presentation for emergency services.
24        (5) The determination of the attending emergency
25    physician, or the provider actually treating the enrollee,
26    of whether an enrollee is sufficiently stabilized for

 

 

10000HB3342sam003- 598 -LRB100 08528 JWD 41189 a

1    discharge or transfer to another facility, shall be binding
2    on the MCO. The MCO shall cover emergency services for all
3    enrollees whether the emergency services are provided by an
4    affiliated or non-affiliated provider.
5        (6) The MCO's financial responsibility for
6    post-stabilization care services it has not pre-approved
7    ends when:
8            (A) a plan physician with privileges at the
9        treating hospital assumes responsibility for the
10        enrollee's care;
11            (B) a plan physician assumes responsibility for
12        the enrollee's care through transfer;
13            (C) a contracting entity representative and the
14        treating physician reach an agreement concerning the
15        enrollee's care; or
16            (D) the enrollee is discharged.
17    (f) Network adequacy and transparency.
18        (1) The Department shall:
19            (A) ensure that an adequate provider network is in
20        place, taking into consideration health professional
21        shortage areas and medically underserved areas;
22            (B) publicly release an explanation of its process
23        for analyzing network adequacy;
24            (C) periodically ensure that an MCO continues to
25        have an adequate network in place; and
26            (D) require MCOs, including Medicaid Managed Care

 

 

10000HB3342sam003- 599 -LRB100 08528 JWD 41189 a

1        Entities as defined in Section 5-30.2, to meet provider
2        directory requirements under Section 5-30.3.
3        (2) Each MCO shall confirm its receipt of information
4    submitted specific to physician or dentist additions or
5    physician or dentist deletions from the MCO's provider
6    network within 3 days after receiving all required
7    information from contracted physicians or dentists, and
8    electronic physician and dental directories must be
9    updated consistent with current rules as published by the
10    Centers for Medicare and Medicaid Services or its successor
11    agency.
12    (g) Timely payment of claims.
13        (1) The MCO shall pay a claim within 30 days of
14    receiving a claim that contains all the essential
15    information needed to adjudicate the claim.
16        (2) The MCO shall notify the billing party of its
17    inability to adjudicate a claim within 30 days of receiving
18    that claim.
19        (3) The MCO shall pay a penalty that is at least equal
20    to the penalty imposed under the Illinois Insurance Code
21    for any claims not timely paid.
22        (4) The Department may establish a process for MCOs to
23    expedite payments to providers based on criteria
24    established by the Department.
25    (g-5) Recognizing that the rapid transformation of the
26Illinois Medicaid program may have unintended operational

 

 

10000HB3342sam003- 600 -LRB100 08528 JWD 41189 a

1challenges for both payers and providers:
2        (1) in no instance shall a medically necessary covered
3    service rendered in good faith, based upon eligibility
4    information documented by the provider, be denied coverage
5    or diminished in payment amount if the eligibility or
6    coverage information available at the time the service was
7    rendered is later found to be inaccurate; and
8        (2) the Department shall, by December 31, 2016, adopt
9    rules establishing policies that shall be included in the
10    Medicaid managed care policy and procedures manual
11    addressing payment resolutions in situations in which a
12    provider renders services based upon information obtained
13    after verifying a patient's eligibility and coverage plan
14    through either the Department's current enrollment system
15    or a system operated by the coverage plan identified by the
16    patient presenting for services:
17            (A) such medically necessary covered services
18        shall be considered rendered in good faith;
19            (B) such policies and procedures shall be
20        developed in consultation with industry
21        representatives of the Medicaid managed care health
22        plans and representatives of provider associations
23        representing the majority of providers within the
24        identified provider industry; and
25            (C) such rules shall be published for a review and
26        comment period of no less than 30 days on the

 

 

10000HB3342sam003- 601 -LRB100 08528 JWD 41189 a

1        Department's website with final rules remaining
2        available on the Department's website.
3        (3) The rules on payment resolutions shall include, but
4    not be limited to:
5            (A) the extension of the timely filing period;
6            (B) retroactive prior authorizations; and
7            (C) guaranteed minimum payment rate of no less than
8        the current, as of the date of service, fee-for-service
9        rate, plus all applicable add-ons, when the resulting
10        service relationship is out of network.
11        (4) The rules shall be applicable for both MCO coverage
12    and fee-for-service coverage.
13    (g-6) MCO Performance Metrics Report.
14        (1) The Department shall publish, on at least a
15    quarterly basis, each MCO's operational performance,
16    including, but not limited to, the following categories of
17    metrics:
18            (A) claims payment, including timeliness and
19        accuracy;
20            (B) prior authorizations;
21            (C) grievance and appeals;
22            (D) utilization statistics;
23            (E) provider disputes;
24            (F) provider credentialing; and
25            (G) member and provider customer service.
26        (2) The Department shall ensure that the metrics report

 

 

10000HB3342sam003- 602 -LRB100 08528 JWD 41189 a

1    is accessible to providers online by January 1, 2017.
2        (3) The metrics shall be developed in consultation with
3    industry representatives of the Medicaid managed care
4    health plans and representatives of associations
5    representing the majority of providers within the
6    identified industry.
7        (4) Metrics shall be defined and incorporated into the
8    applicable Managed Care Policy Manual issued by the
9    Department.
10    (g-7) MCO claims processing and performance analysis. In
11order to monitor MCO payments to hospital providers, pursuant
12to this amendatory Act of the 100th General Assembly, the
13Department shall post an analysis of MCO claims processing and
14payment performance on its website every 6 months. Such
15analysis shall include a review and evaluation of a
16representative sample of hospital claims that are rejected and
17denied for clean and unclean claims and the top 5 reasons for
18such actions and timeliness of claims adjudication, which
19identifies the percentage of claims adjudicated within 30, 60,
2090, and over 90 days, and the dollar amounts associated with
21those claims. The Department shall post the contracted claims
22report required by HealthChoice Illinois on its website every 3
23months.
24    (h) The Department shall not expand mandatory MCO
25enrollment into new counties beyond those counties already
26designated by the Department as of June 1, 2014 for the

 

 

10000HB3342sam003- 603 -LRB100 08528 JWD 41189 a

1individuals whose eligibility for medical assistance is not the
2seniors or people with disabilities population until the
3Department provides an opportunity for accountable care
4entities and MCOs to participate in such newly designated
5counties.
6    (i) The requirements of this Section apply to contracts
7with accountable care entities and MCOs entered into, amended,
8or renewed after June 16, 2014 (the effective date of Public
9Act 98-651).
10(Source: P.A. 99-725, eff. 8-5-16; 99-751, eff. 8-5-16;
11100-201, eff. 8-18-17; 100-580, eff. 3-12-18.)
 
12
ARTICLE 100. BONDING

 
13    Section 100-5. The General Obligation Bond Act is amended
14by changing Sections 2, 3, and 5 as follows:
 
15    (30 ILCS 330/2)  (from Ch. 127, par. 652)
16    Sec. 2. Authorization for Bonds. The State of Illinois is
17authorized to issue, sell and provide for the retirement of
18General Obligation Bonds of the State of Illinois for the
19categories and specific purposes expressed in Sections 2
20through 8 of this Act, in the total amount of $57,717,925,743
21$55,917,925,743.
22    The bonds authorized in this Section 2 and in Section 16 of
23this Act are herein called "Bonds".

 

 

10000HB3342sam003- 604 -LRB100 08528 JWD 41189 a

1    Of the total amount of Bonds authorized in this Act, up to
2$2,200,000,000 in aggregate original principal amount may be
3issued and sold in accordance with the Baccalaureate Savings
4Act in the form of General Obligation College Savings Bonds.
5    Of the total amount of Bonds authorized in this Act, up to
6$300,000,000 in aggregate original principal amount may be
7issued and sold in accordance with the Retirement Savings Act
8in the form of General Obligation Retirement Savings Bonds.
9    Of the total amount of Bonds authorized in this Act, the
10additional $10,000,000,000 authorized by Public Act 93-2, the
11$3,466,000,000 authorized by Public Act 96-43, and the
12$4,096,348,300 authorized by Public Act 96-1497 shall be used
13solely as provided in Section 7.2.
14    Of the total amount of Bonds authorized in this Act, the
15additional $6,000,000,000 authorized by this amendatory Act of
16the 100th General Assembly shall be used solely as provided in
17Section 7.6 and shall be issued by December 31, 2017.
18    Of the total amount of Bonds authorized in this Act,
19$1,000,000,000 of the additional amount authorized by this
20amendatory Act of the 100th General Assembly shall be used
21solely as provided in Section 7.7.
22    The issuance and sale of Bonds pursuant to the General
23Obligation Bond Act is an economical and efficient method of
24financing the long-term capital needs of the State. This Act
25will permit the issuance of a multi-purpose General Obligation
26Bond with uniform terms and features. This will not only lower

 

 

10000HB3342sam003- 605 -LRB100 08528 JWD 41189 a

1the cost of registration but also reduce the overall cost of
2issuing debt by improving the marketability of Illinois General
3Obligation Bonds.
4(Source: P.A. 100-23, eff. 7-6-17.)
 
5    (30 ILCS 330/3)  (from Ch. 127, par. 653)
6    Sec. 3. Capital Facilities. The amount of $10,538,963,443
7$9,753,963,443 is authorized to be used for the acquisition,
8development, construction, reconstruction, improvement,
9financing, architectural planning and installation of capital
10facilities within the State, consisting of buildings,
11structures, durable equipment, land, interests in land, and the
12costs associated with the purchase and implementation of
13information technology, including but not limited to the
14purchase of hardware and software, for the following specific
15purposes:
16        (a) $3,433,228,000 $3,393,228,000 for educational
17    purposes by State universities and colleges, the Illinois
18    Community College Board created by the Public Community
19    College Act and for grants to public community colleges as
20    authorized by Sections 5-11 and 5-12 of the Public
21    Community College Act;
22        (b) $1,648,420,000 for correctional purposes at State
23    prison and correctional centers;
24        (c) $599,183,000 for open spaces, recreational and
25    conservation purposes and the protection of land;

 

 

10000HB3342sam003- 606 -LRB100 08528 JWD 41189 a

1        (d) $764,317,000 $751,317,000 for child care
2    facilities, mental and public health facilities, and
3    facilities for the care of veterans with disabilities and
4    their spouses;
5        (e) $2,884,790,000 $2,152,790,000 for use by the
6    State, its departments, authorities, public corporations,
7    commissions and agencies;
8        (f) $818,100 for cargo handling facilities at port
9    districts and for breakwaters, including harbor entrances,
10    at port districts in conjunction with facilities for small
11    boats and pleasure crafts;
12        (g) $297,177,074 for water resource management
13    projects;
14        (h) $16,940,269 for the provision of facilities for
15    food production research and related instructional and
16    public service activities at the State universities and
17    public community colleges;
18        (i) $36,000,000 for grants by the Secretary of State,
19    as State Librarian, for central library facilities
20    authorized by Section 8 of the Illinois Library System Act
21    and for grants by the Capital Development Board to units of
22    local government for public library facilities;
23        (j) $25,000,000 for the acquisition, development,
24    construction, reconstruction, improvement, financing,
25    architectural planning and installation of capital
26    facilities consisting of buildings, structures, durable

 

 

10000HB3342sam003- 607 -LRB100 08528 JWD 41189 a

1    equipment and land for grants to counties, municipalities
2    or public building commissions with correctional
3    facilities that do not comply with the minimum standards of
4    the Department of Corrections under Section 3-15-2 of the
5    Unified Code of Corrections;
6        (k) $5,000,000 for grants in fiscal year 1988 by the
7    Department of Conservation for improvement or expansion of
8    aquarium facilities located on property owned by a park
9    district;
10        (l) $599,590,000 to State agencies for grants to local
11    governments for the acquisition, financing, architectural
12    planning, development, alteration, installation, and
13    construction of capital facilities consisting of
14    buildings, structures, durable equipment, and land; and
15        (m) $228,500,000 for the Illinois Open Land Trust
16    Program as defined by the Illinois Open Land Trust Act.
17    The amounts authorized above for capital facilities may be
18used for the acquisition, installation, alteration,
19construction, or reconstruction of capital facilities and for
20the purchase of equipment for the purpose of major capital
21improvements which will reduce energy consumption in State
22buildings or facilities.
23(Source: P.A. 98-94, eff. 7-17-13; 99-143, eff. 7-27-15.)
 
24    (30 ILCS 330/5)  (from Ch. 127, par. 655)
25    Sec. 5. School Construction.

 

 

10000HB3342sam003- 608 -LRB100 08528 JWD 41189 a

1    (a) The amount of $58,450,000 is authorized to make grants
2to local school districts for the acquisition, development,
3construction, reconstruction, rehabilitation, improvement,
4financing, architectural planning and installation of capital
5facilities, including but not limited to those required for
6special education building projects provided for in Article 14
7of The School Code, consisting of buildings, structures, and
8durable equipment, and for the acquisition and improvement of
9real property and interests in real property required, or
10expected to be required, in connection therewith.
11    (b) $22,550,000, or so much thereof as may be necessary,
12for grants to school districts for the making of principal and
13interest payments, required to be made, on bonds issued by such
14school districts after January 1, 1969, pursuant to any
15indenture, ordinance, resolution, agreement or contract to
16provide funds for the acquisition, development, construction,
17reconstruction, rehabilitation, improvement, architectural
18planning and installation of capital facilities consisting of
19buildings, structures, durable equipment and land for
20educational purposes or for lease payments required to be made
21by a school district for principal and interest payments on
22bonds issued by a Public Building Commission after January 1,
231969.
24    (c) $10,000,000 for grants to school districts for the
25acquisition, development, construction, reconstruction,
26rehabilitation, improvement, architectural planning and

 

 

10000HB3342sam003- 609 -LRB100 08528 JWD 41189 a

1installation of capital facilities consisting of buildings
2structures, durable equipment and land for special education
3building projects.
4    (d) $9,000,000 for grants to school districts for the
5reconstruction, rehabilitation, improvement, financing and
6architectural planning of capital facilities, including
7construction at another location to replace such capital
8facilities, consisting of those public school buildings and
9temporary school facilities which, prior to January 1, 1984,
10were condemned by the regional superintendent under Section
113-14.22 of The School Code or by any State official having
12jurisdiction over building safety.
13    (e) $3,050,000,000 for grants to school districts for
14school improvement projects authorized by the School
15Construction Law. The bonds shall be sold in amounts not to
16exceed the following schedule, except any bonds not sold during
17one year shall be added to the bonds to be sold during the
18remainder of the schedule:
19    First year...................................$200,000,000
20    Second year..................................$450,000,000
21    Third year...................................$500,000,000
22    Fourth year..................................$500,000,000
23    Fifth year...................................$800,000,000
24    Sixth year and thereafter....................$600,000,000
25    (f) $1,615,000,000 $1,600,000,000 grants to school
26districts for school implemented projects authorized by the

 

 

10000HB3342sam003- 610 -LRB100 08528 JWD 41189 a

1School Construction Law.
2(Source: P.A. 98-94, eff. 7-17-13.)
 
3
ARTICLE 110. PENSION CODE: RECERTIFICATION

 
4    Section 110-5. The Illinois Administrative Procedure Act
5is amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's

 

 

10000HB3342sam003- 611 -LRB100 08528 JWD 41189 a

1finding and a statement of the specific reasons for the finding
2shall be filed with the rule. The agency shall take reasonable
3and appropriate measures to make emergency rules known to the
4persons who may be affected by them.
5    (c) An emergency rule may be effective for a period of not
6longer than 150 days, but the agency's authority to adopt an
7identical rule under Section 5-40 is not precluded. No
8emergency rule may be adopted more than once in any 24-month
9period, except that this limitation on the number of emergency
10rules that may be adopted in a 24-month period does not apply
11to (i) emergency rules that make additions to and deletions
12from the Drug Manual under Section 5-5.16 of the Illinois
13Public Aid Code or the generic drug formulary under Section
143.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
15emergency rules adopted by the Pollution Control Board before
16July 1, 1997 to implement portions of the Livestock Management
17Facilities Act, (iii) emergency rules adopted by the Illinois
18Department of Public Health under subsections (a) through (i)
19of Section 2 of the Department of Public Health Act when
20necessary to protect the public's health, (iv) emergency rules
21adopted pursuant to subsection (n) of this Section, (v)
22emergency rules adopted pursuant to subsection (o) of this
23Section, or (vi) emergency rules adopted pursuant to subsection
24(c-5) of this Section. Two or more emergency rules having
25substantially the same purpose and effect shall be deemed to be
26a single rule for purposes of this Section.

 

 

10000HB3342sam003- 612 -LRB100 08528 JWD 41189 a

1    (c-5) To facilitate the maintenance of the program of group
2health benefits provided to annuitants, survivors, and retired
3employees under the State Employees Group Insurance Act of
41971, rules to alter the contributions to be paid by the State,
5annuitants, survivors, retired employees, or any combination
6of those entities, for that program of group health benefits,
7shall be adopted as emergency rules. The adoption of those
8rules shall be considered an emergency and necessary for the
9public interest, safety, and welfare.
10    (d) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 1999 budget,
12emergency rules to implement any provision of Public Act 90-587
13or 90-588 or any other budget initiative for fiscal year 1999
14may be adopted in accordance with this Section by the agency
15charged with administering that provision or initiative,
16except that the 24-month limitation on the adoption of
17emergency rules and the provisions of Sections 5-115 and 5-125
18do not apply to rules adopted under this subsection (d). The
19adoption of emergency rules authorized by this subsection (d)
20shall be deemed to be necessary for the public interest,
21safety, and welfare.
22    (e) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2000 budget,
24emergency rules to implement any provision of Public Act 91-24
25or any other budget initiative for fiscal year 2000 may be
26adopted in accordance with this Section by the agency charged

 

 

10000HB3342sam003- 613 -LRB100 08528 JWD 41189 a

1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (e). The adoption of
5emergency rules authorized by this subsection (e) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8    (f) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2001 budget,
10emergency rules to implement any provision of Public Act 91-712
11or any other budget initiative for fiscal year 2001 may be
12adopted in accordance with this Section by the agency charged
13with administering that provision or initiative, except that
14the 24-month limitation on the adoption of emergency rules and
15the provisions of Sections 5-115 and 5-125 do not apply to
16rules adopted under this subsection (f). The adoption of
17emergency rules authorized by this subsection (f) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20    (g) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2002 budget,
22emergency rules to implement any provision of Public Act 92-10
23or any other budget initiative for fiscal year 2002 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

 

 

10000HB3342sam003- 614 -LRB100 08528 JWD 41189 a

1the provisions of Sections 5-115 and 5-125 do not apply to
2rules adopted under this subsection (g). The adoption of
3emergency rules authorized by this subsection (g) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (h) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2003 budget,
8emergency rules to implement any provision of Public Act 92-597
9or any other budget initiative for fiscal year 2003 may be
10adopted in accordance with this Section by the agency charged
11with administering that provision or initiative, except that
12the 24-month limitation on the adoption of emergency rules and
13the provisions of Sections 5-115 and 5-125 do not apply to
14rules adopted under this subsection (h). The adoption of
15emergency rules authorized by this subsection (h) shall be
16deemed to be necessary for the public interest, safety, and
17welfare.
18    (i) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2004 budget,
20emergency rules to implement any provision of Public Act 93-20
21or any other budget initiative for fiscal year 2004 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (i). The adoption of

 

 

10000HB3342sam003- 615 -LRB100 08528 JWD 41189 a

1emergency rules authorized by this subsection (i) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (j) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62005 budget as provided under the Fiscal Year 2005 Budget
7Implementation (Human Services) Act, emergency rules to
8implement any provision of the Fiscal Year 2005 Budget
9Implementation (Human Services) Act may be adopted in
10accordance with this Section by the agency charged with
11administering that provision, except that the 24-month
12limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (j). The Department of Public Aid
15may also adopt rules under this subsection (j) necessary to
16administer the Illinois Public Aid Code and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (j) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (k) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222006 budget, emergency rules to implement any provision of
23Public Act 94-48 or any other budget initiative for fiscal year
242006 may be adopted in accordance with this Section by the
25agency charged with administering that provision or
26initiative, except that the 24-month limitation on the adoption

 

 

10000HB3342sam003- 616 -LRB100 08528 JWD 41189 a

1of emergency rules and the provisions of Sections 5-115 and
25-125 do not apply to rules adopted under this subsection (k).
3The Department of Healthcare and Family Services may also adopt
4rules under this subsection (k) necessary to administer the
5Illinois Public Aid Code, the Senior Citizens and Persons with
6Disabilities Property Tax Relief Act, the Senior Citizens and
7Disabled Persons Prescription Drug Discount Program Act (now
8the Illinois Prescription Drug Discount Program Act), and the
9Children's Health Insurance Program Act. The adoption of
10emergency rules authorized by this subsection (k) shall be
11deemed to be necessary for the public interest, safety, and
12welfare.
13    (l) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152007 budget, the Department of Healthcare and Family Services
16may adopt emergency rules during fiscal year 2007, including
17rules effective July 1, 2007, in accordance with this
18subsection to the extent necessary to administer the
19Department's responsibilities with respect to amendments to
20the State plans and Illinois waivers approved by the federal
21Centers for Medicare and Medicaid Services necessitated by the
22requirements of Title XIX and Title XXI of the federal Social
23Security Act. The adoption of emergency rules authorized by
24this subsection (l) shall be deemed to be necessary for the
25public interest, safety, and welfare.
26    (m) In order to provide for the expeditious and timely

 

 

10000HB3342sam003- 617 -LRB100 08528 JWD 41189 a

1implementation of the provisions of the State's fiscal year
22008 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2008, including
4rules effective July 1, 2008, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (m) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (n) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152010 budget, emergency rules to implement any provision of
16Public Act 96-45 or any other budget initiative authorized by
17the 96th General Assembly for fiscal year 2010 may be adopted
18in accordance with this Section by the agency charged with
19administering that provision or initiative. The adoption of
20emergency rules authorized by this subsection (n) shall be
21deemed to be necessary for the public interest, safety, and
22welfare. The rulemaking authority granted in this subsection
23(n) shall apply only to rules promulgated during Fiscal Year
242010.
25    (o) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

10000HB3342sam003- 618 -LRB100 08528 JWD 41189 a

12011 budget, emergency rules to implement any provision of
2Public Act 96-958 or any other budget initiative authorized by
3the 96th General Assembly for fiscal year 2011 may be adopted
4in accordance with this Section by the agency charged with
5administering that provision or initiative. The adoption of
6emergency rules authorized by this subsection (o) is deemed to
7be necessary for the public interest, safety, and welfare. The
8rulemaking authority granted in this subsection (o) applies
9only to rules promulgated on or after July 1, 2010 (the
10effective date of Public Act 96-958) through June 30, 2011.
11    (p) In order to provide for the expeditious and timely
12implementation of the provisions of Public Act 97-689,
13emergency rules to implement any provision of Public Act 97-689
14may be adopted in accordance with this subsection (p) by the
15agency charged with administering that provision or
16initiative. The 150-day limitation of the effective period of
17emergency rules does not apply to rules adopted under this
18subsection (p), and the effective period may continue through
19June 30, 2013. The 24-month limitation on the adoption of
20emergency rules does not apply to rules adopted under this
21subsection (p). The adoption of emergency rules authorized by
22this subsection (p) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (q) In order to provide for the expeditious and timely
25implementation of the provisions of Articles 7, 8, 9, 11, and
2612 of Public Act 98-104, emergency rules to implement any

 

 

10000HB3342sam003- 619 -LRB100 08528 JWD 41189 a

1provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
2may be adopted in accordance with this subsection (q) by the
3agency charged with administering that provision or
4initiative. The 24-month limitation on the adoption of
5emergency rules does not apply to rules adopted under this
6subsection (q). The adoption of emergency rules authorized by
7this subsection (q) is deemed to be necessary for the public
8interest, safety, and welfare.
9    (r) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 98-651,
11emergency rules to implement Public Act 98-651 may be adopted
12in accordance with this subsection (r) by the Department of
13Healthcare and Family Services. The 24-month limitation on the
14adoption of emergency rules does not apply to rules adopted
15under this subsection (r). The adoption of emergency rules
16authorized by this subsection (r) is deemed to be necessary for
17the public interest, safety, and welfare.
18    (s) In order to provide for the expeditious and timely
19implementation of the provisions of Sections 5-5b.1 and 5A-2 of
20the Illinois Public Aid Code, emergency rules to implement any
21provision of Section 5-5b.1 or Section 5A-2 of the Illinois
22Public Aid Code may be adopted in accordance with this
23subsection (s) by the Department of Healthcare and Family
24Services. The rulemaking authority granted in this subsection
25(s) shall apply only to those rules adopted prior to July 1,
262015. Notwithstanding any other provision of this Section, any

 

 

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1emergency rule adopted under this subsection (s) shall only
2apply to payments made for State fiscal year 2015. The adoption
3of emergency rules authorized by this subsection (s) is deemed
4to be necessary for the public interest, safety, and welfare.
5    (t) In order to provide for the expeditious and timely
6implementation of the provisions of Article II of Public Act
799-6, emergency rules to implement the changes made by Article
8II of Public Act 99-6 to the Emergency Telephone System Act may
9be adopted in accordance with this subsection (t) by the
10Department of State Police. The rulemaking authority granted in
11this subsection (t) shall apply only to those rules adopted
12prior to July 1, 2016. The 24-month limitation on the adoption
13of emergency rules does not apply to rules adopted under this
14subsection (t). The adoption of emergency rules authorized by
15this subsection (t) is deemed to be necessary for the public
16interest, safety, and welfare.
17    (u) In order to provide for the expeditious and timely
18implementation of the provisions of the Burn Victims Relief
19Act, emergency rules to implement any provision of the Act may
20be adopted in accordance with this subsection (u) by the
21Department of Insurance. The rulemaking authority granted in
22this subsection (u) shall apply only to those rules adopted
23prior to December 31, 2015. The adoption of emergency rules
24authorized by this subsection (u) is deemed to be necessary for
25the public interest, safety, and welfare.
26    (v) In order to provide for the expeditious and timely

 

 

10000HB3342sam003- 621 -LRB100 08528 JWD 41189 a

1implementation of the provisions of Public Act 99-516,
2emergency rules to implement Public Act 99-516 may be adopted
3in accordance with this subsection (v) by the Department of
4Healthcare and Family Services. The 24-month limitation on the
5adoption of emergency rules does not apply to rules adopted
6under this subsection (v). The adoption of emergency rules
7authorized by this subsection (v) is deemed to be necessary for
8the public interest, safety, and welfare.
9    (w) In order to provide for the expeditious and timely
10implementation of the provisions of Public Act 99-796,
11emergency rules to implement the changes made by Public Act
1299-796 may be adopted in accordance with this subsection (w) by
13the Adjutant General. The adoption of emergency rules
14authorized by this subsection (w) is deemed to be necessary for
15the public interest, safety, and welfare.
16    (x) In order to provide for the expeditious and timely
17implementation of the provisions of Public Act 99-906,
18emergency rules to implement subsection (i) of Section 16-115D,
19subsection (g) of Section 16-128A, and subsection (a) of
20Section 16-128B of the Public Utilities Act may be adopted in
21accordance with this subsection (x) by the Illinois Commerce
22Commission. The rulemaking authority granted in this
23subsection (x) shall apply only to those rules adopted within
24180 days after June 1, 2017 (the effective date of Public Act
2599-906). The adoption of emergency rules authorized by this
26subsection (x) is deemed to be necessary for the public

 

 

10000HB3342sam003- 622 -LRB100 08528 JWD 41189 a

1interest, safety, and welfare.
2    (y) In order to provide for the expeditious and timely
3implementation of the provisions of this amendatory Act of the
4100th General Assembly, emergency rules to implement the
5changes made by this amendatory Act of the 100th General
6Assembly to Section 4.02 of the Illinois Act on Aging, Sections
75.5.4 and 5-5.4i of the Illinois Public Aid Code, Section 55-30
8of the Alcoholism and Other Drug Abuse and Dependency Act, and
9Sections 74 and 75 of the Mental Health and Developmental
10Disabilities Administrative Act may be adopted in accordance
11with this subsection (y) by the respective Department. The
12adoption of emergency rules authorized by this subsection (y)
13is deemed to be necessary for the public interest, safety, and
14welfare.
15    (z) In order to provide for the expeditious and timely
16implementation of the provisions of this amendatory Act of the
17100th General Assembly, emergency rules to implement the
18changes made by this amendatory Act of the 100th General
19Assembly to Section 4.7 of the Lobbyist Registration Act may be
20adopted in accordance with this subsection (z) by the Secretary
21of State. The adoption of emergency rules authorized by this
22subsection (z) is deemed to be necessary for the public
23interest, safety, and welfare.
24    (aa) In order to provide for the expeditious and timely
25initial implementation of the changes made to Articles 5, 5A,
2612, and 14 of the Illinois Public Aid Code under the provisions

 

 

10000HB3342sam003- 623 -LRB100 08528 JWD 41189 a

1of this amendatory Act of the 100th General Assembly, the
2Department of Healthcare and Family Services may adopt
3emergency rules in accordance with this subsection (aa). The
424-month limitation on the adoption of emergency rules does not
5apply to rules to initially implement the changes made to
6Articles 5, 5A, 12, and 14 of the Illinois Public Aid Code
7adopted under this subsection (aa). The adoption of emergency
8rules authorized by this subsection (aa) is deemed to be
9necessary for the public interest, safety, and welfare.
10    (bb) In order to provide for the expeditious and timely
11implementation of the provisions of this amendatory Act of the
12100th General Assembly, emergency rules may be adopted in
13accordance with this subsection (bb) to implement the changes
14made by this amendatory Act of the 100th General Assembly to:
15Sections 14-147.5 and 14-147.6 of the Illinois Pension Code by
16the Board created under Article 14 of the Code; Sections
1715-185.5 and 15-185.6 of the Illinois Pension Code by the Board
18created under Article 15 of the Code; and Sections 16-190.5 and
1916-190.6 of the Illinois Pension Code by the Board created
20under Article 16 of the Code. The adoption of emergency rules
21authorized by this subsection (bb) is deemed to be necessary
22for the public interest, safety, and welfare.
23(Source: P.A. 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; 99-143,
24eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. 6-30-16;
2599-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, eff. 6-1-17;
26100-23, eff. 7-6-17; 100-554, eff. 11-16-17; 100-581, eff.

 

 

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13-12-18.)
 
2    Section 110-10. The State Employees Group Insurance Act of
31971 is amended by changing Sections 3 and 10 as follows:
 
4    (5 ILCS 375/3)  (from Ch. 127, par. 523)
5    Sec. 3. Definitions. Unless the context otherwise
6requires, the following words and phrases as used in this Act
7shall have the following meanings. The Department may define
8these and other words and phrases separately for the purpose of
9implementing specific programs providing benefits under this
10Act.
11    (a) "Administrative service organization" means any
12person, firm or corporation experienced in the handling of
13claims which is fully qualified, financially sound and capable
14of meeting the service requirements of a contract of
15administration executed with the Department.
16    (b) "Annuitant" means (1) an employee who retires, or has
17retired, on or after January 1, 1966 on an immediate annuity
18under the provisions of Articles 2, 14 (including an employee
19who has elected to receive an alternative retirement
20cancellation payment under Section 14-108.5 of the Illinois
21Pension Code in lieu of an annuity or who meets the criteria
22for retirement, but in lieu of receiving an annuity under that
23Article has elected to receive an accelerated pension benefit
24payment under Section 14-147.5 of that Article), 15 (including

 

 

10000HB3342sam003- 625 -LRB100 08528 JWD 41189 a

1an employee who has retired under the optional retirement
2program established under Section 15-158.2 or who meets the
3criteria for retirement but in lieu of receiving an annuity
4under that Article has elected to receive an accelerated
5pension benefit payment under Section 15-185.5 of the Article),
6paragraphs (2), (3), or (5) of Section 16-106 (including an
7employee who meets the criteria for retirement, but in lieu of
8receiving an annuity under that Article has elected to receive
9an accelerated pension benefit payment under Section 16-190.5
10of the Illinois Pension Code), or Article 18 of the Illinois
11Pension Code; (2) any person who was receiving group insurance
12coverage under this Act as of March 31, 1978 by reason of his
13status as an annuitant, even though the annuity in relation to
14which such coverage was provided is a proportional annuity
15based on less than the minimum period of service required for a
16retirement annuity in the system involved; (3) any person not
17otherwise covered by this Act who has retired as a
18participating member under Article 2 of the Illinois Pension
19Code but is ineligible for the retirement annuity under Section
202-119 of the Illinois Pension Code; (4) the spouse of any
21person who is receiving a retirement annuity under Article 18
22of the Illinois Pension Code and who is covered under a group
23health insurance program sponsored by a governmental employer
24other than the State of Illinois and who has irrevocably
25elected to waive his or her coverage under this Act and to have
26his or her spouse considered as the "annuitant" under this Act

 

 

10000HB3342sam003- 626 -LRB100 08528 JWD 41189 a

1and not as a "dependent"; or (5) an employee who retires, or
2has retired, from a qualified position, as determined according
3to rules promulgated by the Director, under a qualified local
4government, a qualified rehabilitation facility, a qualified
5domestic violence shelter or service, or a qualified child
6advocacy center. (For definition of "retired employee", see (p)
7post).
8    (b-5) (Blank).
9    (b-6) (Blank).
10    (b-7) (Blank).
11    (c) "Carrier" means (1) an insurance company, a corporation
12organized under the Limited Health Service Organization Act or
13the Voluntary Health Services Plan Act, a partnership, or other
14nongovernmental organization, which is authorized to do group
15life or group health insurance business in Illinois, or (2) the
16State of Illinois as a self-insurer.
17    (d) "Compensation" means salary or wages payable on a
18regular payroll by the State Treasurer on a warrant of the
19State Comptroller out of any State, trust or federal fund, or
20by the Governor of the State through a disbursing officer of
21the State out of a trust or out of federal funds, or by any
22Department out of State, trust, federal or other funds held by
23the State Treasurer or the Department, to any person for
24personal services currently performed, and ordinary or
25accidental disability benefits under Articles 2, 14, 15
26(including ordinary or accidental disability benefits under

 

 

10000HB3342sam003- 627 -LRB100 08528 JWD 41189 a

1the optional retirement program established under Section
215-158.2), paragraphs (2), (3), or (5) of Section 16-106, or
3Article 18 of the Illinois Pension Code, for disability
4incurred after January 1, 1966, or benefits payable under the
5Workers' Compensation or Occupational Diseases Act or benefits
6payable under a sick pay plan established in accordance with
7Section 36 of the State Finance Act. "Compensation" also means
8salary or wages paid to an employee of any qualified local
9government, qualified rehabilitation facility, qualified
10domestic violence shelter or service, or qualified child
11advocacy center.
12    (e) "Commission" means the State Employees Group Insurance
13Advisory Commission authorized by this Act. Commencing July 1,
141984, "Commission" as used in this Act means the Commission on
15Government Forecasting and Accountability as established by
16the Legislative Commission Reorganization Act of 1984.
17    (f) "Contributory", when referred to as contributory
18coverage, shall mean optional coverages or benefits elected by
19the member toward the cost of which such member makes
20contribution, or which are funded in whole or in part through
21the acceptance of a reduction in earnings or the foregoing of
22an increase in earnings by an employee, as distinguished from
23noncontributory coverage or benefits which are paid entirely by
24the State of Illinois without reduction of the member's salary.
25    (g) "Department" means any department, institution, board,
26commission, officer, court or any agency of the State

 

 

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1government receiving appropriations and having power to
2certify payrolls to the Comptroller authorizing payments of
3salary and wages against such appropriations as are made by the
4General Assembly from any State fund, or against trust funds
5held by the State Treasurer and includes boards of trustees of
6the retirement systems created by Articles 2, 14, 15, 16 and 18
7of the Illinois Pension Code. "Department" also includes the
8Illinois Comprehensive Health Insurance Board, the Board of
9Examiners established under the Illinois Public Accounting
10Act, and the Illinois Finance Authority.
11    (h) "Dependent", when the term is used in the context of
12the health and life plan, means a member's spouse and any child
13(1) from birth to age 26 including an adopted child, a child
14who lives with the member from the time of the placement for
15adoption until entry of an order of adoption, a stepchild or
16adjudicated child, or a child who lives with the member if such
17member is a court appointed guardian of the child or (2) age 19
18or over who has a mental or physical disability from a cause
19originating prior to the age of 19 (age 26 if enrolled as an
20adult child dependent). For the health plan only, the term
21"dependent" also includes (1) any person enrolled prior to the
22effective date of this Section who is dependent upon the member
23to the extent that the member may claim such person as a
24dependent for income tax deduction purposes and (2) any person
25who has received after June 30, 2000 an organ transplant and
26who is financially dependent upon the member and eligible to be

 

 

10000HB3342sam003- 629 -LRB100 08528 JWD 41189 a

1claimed as a dependent for income tax purposes. A member
2requesting to cover any dependent must provide documentation as
3requested by the Department of Central Management Services and
4file with the Department any and all forms required by the
5Department.
6    (i) "Director" means the Director of the Illinois
7Department of Central Management Services.
8    (j) "Eligibility period" means the period of time a member
9has to elect enrollment in programs or to select benefits
10without regard to age, sex or health.
11    (k) "Employee" means and includes each officer or employee
12in the service of a department who (1) receives his
13compensation for service rendered to the department on a
14warrant issued pursuant to a payroll certified by a department
15or on a warrant or check issued and drawn by a department upon
16a trust, federal or other fund or on a warrant issued pursuant
17to a payroll certified by an elected or duly appointed officer
18of the State or who receives payment of the performance of
19personal services on a warrant issued pursuant to a payroll
20certified by a Department and drawn by the Comptroller upon the
21State Treasurer against appropriations made by the General
22Assembly from any fund or against trust funds held by the State
23Treasurer, and (2) is employed full-time or part-time in a
24position normally requiring actual performance of duty during
25not less than 1/2 of a normal work period, as established by
26the Director in cooperation with each department, except that

 

 

10000HB3342sam003- 630 -LRB100 08528 JWD 41189 a

1persons elected by popular vote will be considered employees
2during the entire term for which they are elected regardless of
3hours devoted to the service of the State, and (3) except that
4"employee" does not include any person who is not eligible by
5reason of such person's employment to participate in one of the
6State retirement systems under Articles 2, 14, 15 (either the
7regular Article 15 system or the optional retirement program
8established under Section 15-158.2) or 18, or under paragraph
9(2), (3), or (5) of Section 16-106, of the Illinois Pension
10Code, but such term does include persons who are employed
11during the 6 month qualifying period under Article 14 of the
12Illinois Pension Code. Such term also includes any person who
13(1) after January 1, 1966, is receiving ordinary or accidental
14disability benefits under Articles 2, 14, 15 (including
15ordinary or accidental disability benefits under the optional
16retirement program established under Section 15-158.2),
17paragraphs (2), (3), or (5) of Section 16-106, or Article 18 of
18the Illinois Pension Code, for disability incurred after
19January 1, 1966, (2) receives total permanent or total
20temporary disability under the Workers' Compensation Act or
21Occupational Disease Act as a result of injuries sustained or
22illness contracted in the course of employment with the State
23of Illinois, or (3) is not otherwise covered under this Act and
24has retired as a participating member under Article 2 of the
25Illinois Pension Code but is ineligible for the retirement
26annuity under Section 2-119 of the Illinois Pension Code.

 

 

10000HB3342sam003- 631 -LRB100 08528 JWD 41189 a

1However, a person who satisfies the criteria of the foregoing
2definition of "employee" except that such person is made
3ineligible to participate in the State Universities Retirement
4System by clause (4) of subsection (a) of Section 15-107 of the
5Illinois Pension Code is also an "employee" for the purposes of
6this Act. "Employee" also includes any person receiving or
7eligible for benefits under a sick pay plan established in
8accordance with Section 36 of the State Finance Act. "Employee"
9also includes (i) each officer or employee in the service of a
10qualified local government, including persons appointed as
11trustees of sanitary districts regardless of hours devoted to
12the service of the sanitary district, (ii) each employee in the
13service of a qualified rehabilitation facility, (iii) each
14full-time employee in the service of a qualified domestic
15violence shelter or service, and (iv) each full-time employee
16in the service of a qualified child advocacy center, as
17determined according to rules promulgated by the Director.
18    (l) "Member" means an employee, annuitant, retired
19employee or survivor. In the case of an annuitant or retired
20employee who first becomes an annuitant or retired employee on
21or after the effective date of this amendatory Act of the 97th
22General Assembly, the individual must meet the minimum vesting
23requirements of the applicable retirement system in order to be
24eligible for group insurance benefits under that system. In the
25case of a survivor who first becomes a survivor on or after the
26effective date of this amendatory Act of the 97th General

 

 

10000HB3342sam003- 632 -LRB100 08528 JWD 41189 a

1Assembly, the deceased employee, annuitant, or retired
2employee upon whom the annuity is based must have been eligible
3to participate in the group insurance system under the
4applicable retirement system in order for the survivor to be
5eligible for group insurance benefits under that system.
6    (m) "Optional coverages or benefits" means those coverages
7or benefits available to the member on his or her voluntary
8election, and at his or her own expense.
9    (n) "Program" means the group life insurance, health
10benefits and other employee benefits designed and contracted
11for by the Director under this Act.
12    (o) "Health plan" means a health benefits program offered
13by the State of Illinois for persons eligible for the plan.
14    (p) "Retired employee" means any person who would be an
15annuitant as that term is defined herein but for the fact that
16such person retired prior to January 1, 1966. Such term also
17includes any person formerly employed by the University of
18Illinois in the Cooperative Extension Service who would be an
19annuitant but for the fact that such person was made ineligible
20to participate in the State Universities Retirement System by
21clause (4) of subsection (a) of Section 15-107 of the Illinois
22Pension Code.
23    (q) "Survivor" means a person receiving an annuity as a
24survivor of an employee or of an annuitant. "Survivor" also
25includes: (1) the surviving dependent of a person who satisfies
26the definition of "employee" except that such person is made

 

 

10000HB3342sam003- 633 -LRB100 08528 JWD 41189 a

1ineligible to participate in the State Universities Retirement
2System by clause (4) of subsection (a) of Section 15-107 of the
3Illinois Pension Code; (2) the surviving dependent of any
4person formerly employed by the University of Illinois in the
5Cooperative Extension Service who would be an annuitant except
6for the fact that such person was made ineligible to
7participate in the State Universities Retirement System by
8clause (4) of subsection (a) of Section 15-107 of the Illinois
9Pension Code; and (3) the surviving dependent of a person who
10was an annuitant under this Act by virtue of receiving an
11alternative retirement cancellation payment under Section
1214-108.5 of the Illinois Pension Code.
13    (q-2) "SERS" means the State Employees' Retirement System
14of Illinois, created under Article 14 of the Illinois Pension
15Code.
16    (q-3) "SURS" means the State Universities Retirement
17System, created under Article 15 of the Illinois Pension Code.
18    (q-4) "TRS" means the Teachers' Retirement System of the
19State of Illinois, created under Article 16 of the Illinois
20Pension Code.
21    (q-5) (Blank).
22    (q-6) (Blank).
23    (q-7) (Blank).
24    (r) "Medical services" means the services provided within
25the scope of their licenses by practitioners in all categories
26licensed under the Medical Practice Act of 1987.

 

 

10000HB3342sam003- 634 -LRB100 08528 JWD 41189 a

1    (s) "Unit of local government" means any county,
2municipality, township, school district (including a
3combination of school districts under the Intergovernmental
4Cooperation Act), special district or other unit, designated as
5a unit of local government by law, which exercises limited
6governmental powers or powers in respect to limited
7governmental subjects, any not-for-profit association with a
8membership that primarily includes townships and township
9officials, that has duties that include provision of research
10service, dissemination of information, and other acts for the
11purpose of improving township government, and that is funded
12wholly or partly in accordance with Section 85-15 of the
13Township Code; any not-for-profit corporation or association,
14with a membership consisting primarily of municipalities, that
15operates its own utility system, and provides research,
16training, dissemination of information, or other acts to
17promote cooperation between and among municipalities that
18provide utility services and for the advancement of the goals
19and purposes of its membership; the Southern Illinois
20Collegiate Common Market, which is a consortium of higher
21education institutions in Southern Illinois; the Illinois
22Association of Park Districts; and any hospital provider that
23is owned by a county that has 100 or fewer hospital beds and
24has not already joined the program. "Qualified local
25government" means a unit of local government approved by the
26Director and participating in a program created under

 

 

10000HB3342sam003- 635 -LRB100 08528 JWD 41189 a

1subsection (i) of Section 10 of this Act.
2    (t) "Qualified rehabilitation facility" means any
3not-for-profit organization that is accredited by the
4Commission on Accreditation of Rehabilitation Facilities or
5certified by the Department of Human Services (as successor to
6the Department of Mental Health and Developmental
7Disabilities) to provide services to persons with disabilities
8and which receives funds from the State of Illinois for
9providing those services, approved by the Director and
10participating in a program created under subsection (j) of
11Section 10 of this Act.
12    (u) "Qualified domestic violence shelter or service" means
13any Illinois domestic violence shelter or service and its
14administrative offices funded by the Department of Human
15Services (as successor to the Illinois Department of Public
16Aid), approved by the Director and participating in a program
17created under subsection (k) of Section 10.
18    (v) "TRS benefit recipient" means a person who:
19        (1) is not a "member" as defined in this Section; and
20        (2) is receiving a monthly benefit or retirement
21    annuity under Article 16 of the Illinois Pension Code; and
22        (3) either (i) has at least 8 years of creditable
23    service under Article 16 of the Illinois Pension Code, or
24    (ii) was enrolled in the health insurance program offered
25    under that Article on January 1, 1996, or (iii) is the
26    survivor of a benefit recipient who had at least 8 years of

 

 

10000HB3342sam003- 636 -LRB100 08528 JWD 41189 a

1    creditable service under Article 16 of the Illinois Pension
2    Code or was enrolled in the health insurance program
3    offered under that Article on the effective date of this
4    amendatory Act of 1995, or (iv) is a recipient or survivor
5    of a recipient of a disability benefit under Article 16 of
6    the Illinois Pension Code.
7    (w) "TRS dependent beneficiary" means a person who:
8        (1) is not a "member" or "dependent" as defined in this
9    Section; and
10        (2) is a TRS benefit recipient's: (A) spouse, (B)
11    dependent parent who is receiving at least half of his or
12    her support from the TRS benefit recipient, or (C) natural,
13    step, adjudicated, or adopted child who is (i) under age
14    26, (ii) was, on January 1, 1996, participating as a
15    dependent beneficiary in the health insurance program
16    offered under Article 16 of the Illinois Pension Code, or
17    (iii) age 19 or over who has a mental or physical
18    disability from a cause originating prior to the age of 19
19    (age 26 if enrolled as an adult child).
20    "TRS dependent beneficiary" does not include, as indicated
21under paragraph (2) of this subsection (w), a dependent of the
22survivor of a TRS benefit recipient who first becomes a
23dependent of a survivor of a TRS benefit recipient on or after
24the effective date of this amendatory Act of the 97th General
25Assembly unless that dependent would have been eligible for
26coverage as a dependent of the deceased TRS benefit recipient

 

 

10000HB3342sam003- 637 -LRB100 08528 JWD 41189 a

1upon whom the survivor benefit is based.
2    (x) "Military leave" refers to individuals in basic
3training for reserves, special/advanced training, annual
4training, emergency call up, activation by the President of the
5United States, or any other training or duty in service to the
6United States Armed Forces.
7    (y) (Blank).
8    (z) "Community college benefit recipient" means a person
9who:
10        (1) is not a "member" as defined in this Section; and
11        (2) is receiving a monthly survivor's annuity or
12    retirement annuity under Article 15 of the Illinois Pension
13    Code; and
14        (3) either (i) was a full-time employee of a community
15    college district or an association of community college
16    boards created under the Public Community College Act
17    (other than an employee whose last employer under Article
18    15 of the Illinois Pension Code was a community college
19    district subject to Article VII of the Public Community
20    College Act) and was eligible to participate in a group
21    health benefit plan as an employee during the time of
22    employment with a community college district (other than a
23    community college district subject to Article VII of the
24    Public Community College Act) or an association of
25    community college boards, or (ii) is the survivor of a
26    person described in item (i).

 

 

10000HB3342sam003- 638 -LRB100 08528 JWD 41189 a

1    (aa) "Community college dependent beneficiary" means a
2person who:
3        (1) is not a "member" or "dependent" as defined in this
4    Section; and
5        (2) is a community college benefit recipient's: (A)
6    spouse, (B) dependent parent who is receiving at least half
7    of his or her support from the community college benefit
8    recipient, or (C) natural, step, adjudicated, or adopted
9    child who is (i) under age 26, or (ii) age 19 or over and
10    has a mental or physical disability from a cause
11    originating prior to the age of 19 (age 26 if enrolled as
12    an adult child).
13    "Community college dependent beneficiary" does not
14include, as indicated under paragraph (2) of this subsection
15(aa), a dependent of the survivor of a community college
16benefit recipient who first becomes a dependent of a survivor
17of a community college benefit recipient on or after the
18effective date of this amendatory Act of the 97th General
19Assembly unless that dependent would have been eligible for
20coverage as a dependent of the deceased community college
21benefit recipient upon whom the survivor annuity is based.
22    (bb) "Qualified child advocacy center" means any Illinois
23child advocacy center and its administrative offices funded by
24the Department of Children and Family Services, as defined by
25the Children's Advocacy Center Act (55 ILCS 80/), approved by
26the Director and participating in a program created under

 

 

10000HB3342sam003- 639 -LRB100 08528 JWD 41189 a

1subsection (n) of Section 10.
2    (cc) "Placement for adoption" means the assumption and
3retention by a member of a legal obligation for total or
4partial support of a child in anticipation of adoption of the
5child. The child's placement with the member terminates upon
6the termination of such legal obligation.
7(Source: P.A. 99-143, eff. 7-27-15; 100-355, eff. 1-1-18.)
 
8    (5 ILCS 375/10)  (from Ch. 127, par. 530)
9    Sec. 10. Contributions by the State and members.
10    (a) The State shall pay the cost of basic non-contributory
11group life insurance and, subject to member paid contributions
12set by the Department or required by this Section and except as
13provided in this Section, the basic program of group health
14benefits on each eligible member, except a member, not
15otherwise covered by this Act, who has retired as a
16participating member under Article 2 of the Illinois Pension
17Code but is ineligible for the retirement annuity under Section
182-119 of the Illinois Pension Code, and part of each eligible
19member's and retired member's premiums for health insurance
20coverage for enrolled dependents as provided by Section 9. The
21State shall pay the cost of the basic program of group health
22benefits only after benefits are reduced by the amount of
23benefits covered by Medicare for all members and dependents who
24are eligible for benefits under Social Security or the Railroad
25Retirement system or who had sufficient Medicare-covered

 

 

10000HB3342sam003- 640 -LRB100 08528 JWD 41189 a

1government employment, except that such reduction in benefits
2shall apply only to those members and dependents who (1) first
3become eligible for such Medicare coverage on or after July 1,
41992; or (2) are Medicare-eligible members or dependents of a
5local government unit which began participation in the program
6on or after July 1, 1992; or (3) remain eligible for, but no
7longer receive Medicare coverage which they had been receiving
8on or after July 1, 1992. The Department may determine the
9aggregate level of the State's contribution on the basis of
10actual cost of medical services adjusted for age, sex or
11geographic or other demographic characteristics which affect
12the costs of such programs.
13    The cost of participation in the basic program of group
14health benefits for the dependent or survivor of a living or
15deceased retired employee who was formerly employed by the
16University of Illinois in the Cooperative Extension Service and
17would be an annuitant but for the fact that he or she was made
18ineligible to participate in the State Universities Retirement
19System by clause (4) of subsection (a) of Section 15-107 of the
20Illinois Pension Code shall not be greater than the cost of
21participation that would otherwise apply to that dependent or
22survivor if he or she were the dependent or survivor of an
23annuitant under the State Universities Retirement System.
24    (a-1) (Blank).
25    (a-2) (Blank).
26    (a-3) (Blank).

 

 

10000HB3342sam003- 641 -LRB100 08528 JWD 41189 a

1    (a-4) (Blank).
2    (a-5) (Blank).
3    (a-6) (Blank).
4    (a-7) (Blank).
5    (a-8) Any annuitant, survivor, or retired employee may
6waive or terminate coverage in the program of group health
7benefits. Any such annuitant, survivor, or retired employee who
8has waived or terminated coverage may enroll or re-enroll in
9the program of group health benefits only during the annual
10benefit choice period, as determined by the Director; except
11that in the event of termination of coverage due to nonpayment
12of premiums, the annuitant, survivor, or retired employee may
13not re-enroll in the program.
14    (a-8.5) Beginning on the effective date of this amendatory
15Act of the 97th General Assembly, the Director of Central
16Management Services shall, on an annual basis, determine the
17amount that the State shall contribute toward the basic program
18of group health benefits on behalf of annuitants (including
19individuals who (i) participated in the General Assembly
20Retirement System, the State Employees' Retirement System of
21Illinois, the State Universities Retirement System, the
22Teachers' Retirement System of the State of Illinois, or the
23Judges Retirement System of Illinois and (ii) qualify as
24annuitants under subsection (b) of Section 3 of this Act),
25survivors (including individuals who (i) receive an annuity as
26a survivor of an individual who participated in the General

 

 

10000HB3342sam003- 642 -LRB100 08528 JWD 41189 a

1Assembly Retirement System, the State Employees' Retirement
2System of Illinois, the State Universities Retirement System,
3the Teachers' Retirement System of the State of Illinois, or
4the Judges Retirement System of Illinois and (ii) qualify as
5survivors under subsection (q) of Section 3 of this Act), and
6retired employees (as defined in subsection (p) of Section 3 of
7this Act). The remainder of the cost of coverage for each
8annuitant, survivor, or retired employee, as determined by the
9Director of Central Management Services, shall be the
10responsibility of that annuitant, survivor, or retired
11employee.
12    Contributions required of annuitants, survivors, and
13retired employees shall be the same for all retirement systems
14and shall also be based on whether an individual has made an
15election under Section 15-135.1 of the Illinois Pension Code.
16Contributions may be based on annuitants', survivors', or
17retired employees' Medicare eligibility, but may not be based
18on Social Security eligibility.
19    (a-9) No later than May 1 of each calendar year, the
20Director of Central Management Services shall certify in
21writing to the Executive Secretary of the State Employees'
22Retirement System of Illinois the amounts of the Medicare
23supplement health care premiums and the amounts of the health
24care premiums for all other retirees who are not Medicare
25eligible.
26    A separate calculation of the premiums based upon the

 

 

10000HB3342sam003- 643 -LRB100 08528 JWD 41189 a

1actual cost of each health care plan shall be so certified.
2    The Director of Central Management Services shall provide
3to the Executive Secretary of the State Employees' Retirement
4System of Illinois such information, statistics, and other data
5as he or she may require to review the premium amounts
6certified by the Director of Central Management Services.
7    The Department of Central Management Services, or any
8successor agency designated to procure healthcare contracts
9pursuant to this Act, is authorized to establish funds,
10separate accounts provided by any bank or banks as defined by
11the Illinois Banking Act, or separate accounts provided by any
12savings and loan association or associations as defined by the
13Illinois Savings and Loan Act of 1985 to be held by the
14Director, outside the State treasury, for the purpose of
15receiving the transfer of moneys from the Local Government
16Health Insurance Reserve Fund. The Department may promulgate
17rules further defining the methodology for the transfers. Any
18interest earned by moneys in the funds or accounts shall inure
19to the Local Government Health Insurance Reserve Fund. The
20transferred moneys, and interest accrued thereon, shall be used
21exclusively for transfers to administrative service
22organizations or their financial institutions for payments of
23claims to claimants and providers under the self-insurance
24health plan. The transferred moneys, and interest accrued
25thereon, shall not be used for any other purpose including, but
26not limited to, reimbursement of administration fees due the

 

 

10000HB3342sam003- 644 -LRB100 08528 JWD 41189 a

1administrative service organization pursuant to its contract
2or contracts with the Department.
3    (a-10) To the extent that participation, benefits, or
4premiums under this Act are based on a person's service credit
5under an Article of the Illinois Pension Code, service credit
6terminated in exchange for an accelerated pension benefit
7payment under Section 14-147.5, 15-185.5, or 16-190.5 of that
8Code shall be included in determining a person's service credit
9for the purposes of this Act.
10    (b) State employees who become eligible for this program on
11or after January 1, 1980 in positions normally requiring actual
12performance of duty not less than 1/2 of a normal work period
13but not equal to that of a normal work period, shall be given
14the option of participating in the available program. If the
15employee elects coverage, the State shall contribute on behalf
16of such employee to the cost of the employee's benefit and any
17applicable dependent supplement, that sum which bears the same
18percentage as that percentage of time the employee regularly
19works when compared to normal work period.
20    (c) The basic non-contributory coverage from the basic
21program of group health benefits shall be continued for each
22employee not in pay status or on active service by reason of
23(1) leave of absence due to illness or injury, (2) authorized
24educational leave of absence or sabbatical leave, or (3)
25military leave. This coverage shall continue until expiration
26of authorized leave and return to active service, but not to

 

 

10000HB3342sam003- 645 -LRB100 08528 JWD 41189 a

1exceed 24 months for leaves under item (1) or (2). This
224-month limitation and the requirement of returning to active
3service shall not apply to persons receiving ordinary or
4accidental disability benefits or retirement benefits through
5the appropriate State retirement system or benefits under the
6Workers' Compensation or Occupational Disease Act.
7    (d) The basic group life insurance coverage shall continue,
8with full State contribution, where such person is (1) absent
9from active service by reason of disability arising from any
10cause other than self-inflicted, (2) on authorized educational
11leave of absence or sabbatical leave, or (3) on military leave.
12    (e) Where the person is in non-pay status for a period in
13excess of 30 days or on leave of absence, other than by reason
14of disability, educational or sabbatical leave, or military
15leave, such person may continue coverage only by making
16personal payment equal to the amount normally contributed by
17the State on such person's behalf. Such payments and coverage
18may be continued: (1) until such time as the person returns to
19a status eligible for coverage at State expense, but not to
20exceed 24 months or (2) until such person's employment or
21annuitant status with the State is terminated (exclusive of any
22additional service imposed pursuant to law).
23    (f) The Department shall establish by rule the extent to
24which other employee benefits will continue for persons in
25non-pay status or who are not in active service.
26    (g) The State shall not pay the cost of the basic

 

 

10000HB3342sam003- 646 -LRB100 08528 JWD 41189 a

1non-contributory group life insurance, program of health
2benefits and other employee benefits for members who are
3survivors as defined by paragraphs (1) and (2) of subsection
4(q) of Section 3 of this Act. The costs of benefits for these
5survivors shall be paid by the survivors or by the University
6of Illinois Cooperative Extension Service, or any combination
7thereof. However, the State shall pay the amount of the
8reduction in the cost of participation, if any, resulting from
9the amendment to subsection (a) made by this amendatory Act of
10the 91st General Assembly.
11    (h) Those persons occupying positions with any department
12as a result of emergency appointments pursuant to Section 8b.8
13of the Personnel Code who are not considered employees under
14this Act shall be given the option of participating in the
15programs of group life insurance, health benefits and other
16employee benefits. Such persons electing coverage may
17participate only by making payment equal to the amount normally
18contributed by the State for similarly situated employees. Such
19amounts shall be determined by the Director. Such payments and
20coverage may be continued until such time as the person becomes
21an employee pursuant to this Act or such person's appointment
22is terminated.
23    (i) Any unit of local government within the State of
24Illinois may apply to the Director to have its employees,
25annuitants, and their dependents provided group health
26coverage under this Act on a non-insured basis. To participate,

 

 

10000HB3342sam003- 647 -LRB100 08528 JWD 41189 a

1a unit of local government must agree to enroll all of its
2employees, who may select coverage under either the State group
3health benefits plan or a health maintenance organization that
4has contracted with the State to be available as a health care
5provider for employees as defined in this Act. A unit of local
6government must remit the entire cost of providing coverage
7under the State group health benefits plan or, for coverage
8under a health maintenance organization, an amount determined
9by the Director based on an analysis of the sex, age,
10geographic location, or other relevant demographic variables
11for its employees, except that the unit of local government
12shall not be required to enroll those of its employees who are
13covered spouses or dependents under this plan or another group
14policy or plan providing health benefits as long as (1) an
15appropriate official from the unit of local government attests
16that each employee not enrolled is a covered spouse or
17dependent under this plan or another group policy or plan, and
18(2) at least 50% of the employees are enrolled and the unit of
19local government remits the entire cost of providing coverage
20to those employees, except that a participating school district
21must have enrolled at least 50% of its full-time employees who
22have not waived coverage under the district's group health plan
23by participating in a component of the district's cafeteria
24plan. A participating school district is not required to enroll
25a full-time employee who has waived coverage under the
26district's health plan, provided that an appropriate official

 

 

10000HB3342sam003- 648 -LRB100 08528 JWD 41189 a

1from the participating school district attests that the
2full-time employee has waived coverage by participating in a
3component of the district's cafeteria plan. For the purposes of
4this subsection, "participating school district" includes a
5unit of local government whose primary purpose is education as
6defined by the Department's rules.
7    Employees of a participating unit of local government who
8are not enrolled due to coverage under another group health
9policy or plan may enroll in the event of a qualifying change
10in status, special enrollment, special circumstance as defined
11by the Director, or during the annual Benefit Choice Period. A
12participating unit of local government may also elect to cover
13its annuitants. Dependent coverage shall be offered on an
14optional basis, with the costs paid by the unit of local
15government, its employees, or some combination of the two as
16determined by the unit of local government. The unit of local
17government shall be responsible for timely collection and
18transmission of dependent premiums.
19    The Director shall annually determine monthly rates of
20payment, subject to the following constraints:
21        (1) In the first year of coverage, the rates shall be
22    equal to the amount normally charged to State employees for
23    elected optional coverages or for enrolled dependents
24    coverages or other contributory coverages, or contributed
25    by the State for basic insurance coverages on behalf of its
26    employees, adjusted for differences between State

 

 

10000HB3342sam003- 649 -LRB100 08528 JWD 41189 a

1    employees and employees of the local government in age,
2    sex, geographic location or other relevant demographic
3    variables, plus an amount sufficient to pay for the
4    additional administrative costs of providing coverage to
5    employees of the unit of local government and their
6    dependents.
7        (2) In subsequent years, a further adjustment shall be
8    made to reflect the actual prior years' claims experience
9    of the employees of the unit of local government.
10    In the case of coverage of local government employees under
11a health maintenance organization, the Director shall annually
12determine for each participating unit of local government the
13maximum monthly amount the unit may contribute toward that
14coverage, based on an analysis of (i) the age, sex, geographic
15location, and other relevant demographic variables of the
16unit's employees and (ii) the cost to cover those employees
17under the State group health benefits plan. The Director may
18similarly determine the maximum monthly amount each unit of
19local government may contribute toward coverage of its
20employees' dependents under a health maintenance organization.
21    Monthly payments by the unit of local government or its
22employees for group health benefits plan or health maintenance
23organization coverage shall be deposited in the Local
24Government Health Insurance Reserve Fund.
25    The Local Government Health Insurance Reserve Fund is
26hereby created as a nonappropriated trust fund to be held

 

 

10000HB3342sam003- 650 -LRB100 08528 JWD 41189 a

1outside the State Treasury, with the State Treasurer as
2custodian. The Local Government Health Insurance Reserve Fund
3shall be a continuing fund not subject to fiscal year
4limitations. The Local Government Health Insurance Reserve
5Fund is not subject to administrative charges or charge-backs,
6including but not limited to those authorized under Section 8h
7of the State Finance Act. All revenues arising from the
8administration of the health benefits program established
9under this Section shall be deposited into the Local Government
10Health Insurance Reserve Fund. Any interest earned on moneys in
11the Local Government Health Insurance Reserve Fund shall be
12deposited into the Fund. All expenditures from this Fund shall
13be used for payments for health care benefits for local
14government and rehabilitation facility employees, annuitants,
15and dependents, and to reimburse the Department or its
16administrative service organization for all expenses incurred
17in the administration of benefits. No other State funds may be
18used for these purposes.
19    A local government employer's participation or desire to
20participate in a program created under this subsection shall
21not limit that employer's duty to bargain with the
22representative of any collective bargaining unit of its
23employees.
24    (j) Any rehabilitation facility within the State of
25Illinois may apply to the Director to have its employees,
26annuitants, and their eligible dependents provided group

 

 

10000HB3342sam003- 651 -LRB100 08528 JWD 41189 a

1health coverage under this Act on a non-insured basis. To
2participate, a rehabilitation facility must agree to enroll all
3of its employees and remit the entire cost of providing such
4coverage for its employees, except that the rehabilitation
5facility shall not be required to enroll those of its employees
6who are covered spouses or dependents under this plan or
7another group policy or plan providing health benefits as long
8as (1) an appropriate official from the rehabilitation facility
9attests that each employee not enrolled is a covered spouse or
10dependent under this plan or another group policy or plan, and
11(2) at least 50% of the employees are enrolled and the
12rehabilitation facility remits the entire cost of providing
13coverage to those employees. Employees of a participating
14rehabilitation facility who are not enrolled due to coverage
15under another group health policy or plan may enroll in the
16event of a qualifying change in status, special enrollment,
17special circumstance as defined by the Director, or during the
18annual Benefit Choice Period. A participating rehabilitation
19facility may also elect to cover its annuitants. Dependent
20coverage shall be offered on an optional basis, with the costs
21paid by the rehabilitation facility, its employees, or some
22combination of the 2 as determined by the rehabilitation
23facility. The rehabilitation facility shall be responsible for
24timely collection and transmission of dependent premiums.
25    The Director shall annually determine quarterly rates of
26payment, subject to the following constraints:

 

 

10000HB3342sam003- 652 -LRB100 08528 JWD 41189 a

1        (1) In the first year of coverage, the rates shall be
2    equal to the amount normally charged to State employees for
3    elected optional coverages or for enrolled dependents
4    coverages or other contributory coverages on behalf of its
5    employees, adjusted for differences between State
6    employees and employees of the rehabilitation facility in
7    age, sex, geographic location or other relevant
8    demographic variables, plus an amount sufficient to pay for
9    the additional administrative costs of providing coverage
10    to employees of the rehabilitation facility and their
11    dependents.
12        (2) In subsequent years, a further adjustment shall be
13    made to reflect the actual prior years' claims experience
14    of the employees of the rehabilitation facility.
15    Monthly payments by the rehabilitation facility or its
16employees for group health benefits shall be deposited in the
17Local Government Health Insurance Reserve Fund.
18    (k) Any domestic violence shelter or service within the
19State of Illinois may apply to the Director to have its
20employees, annuitants, and their dependents provided group
21health coverage under this Act on a non-insured basis. To
22participate, a domestic violence shelter or service must agree
23to enroll all of its employees and pay the entire cost of
24providing such coverage for its employees. The domestic
25violence shelter shall not be required to enroll those of its
26employees who are covered spouses or dependents under this plan

 

 

10000HB3342sam003- 653 -LRB100 08528 JWD 41189 a

1or another group policy or plan providing health benefits as
2long as (1) an appropriate official from the domestic violence
3shelter attests that each employee not enrolled is a covered
4spouse or dependent under this plan or another group policy or
5plan and (2) at least 50% of the employees are enrolled and the
6domestic violence shelter remits the entire cost of providing
7coverage to those employees. Employees of a participating
8domestic violence shelter who are not enrolled due to coverage
9under another group health policy or plan may enroll in the
10event of a qualifying change in status, special enrollment, or
11special circumstance as defined by the Director or during the
12annual Benefit Choice Period. A participating domestic
13violence shelter may also elect to cover its annuitants.
14Dependent coverage shall be offered on an optional basis, with
15employees, or some combination of the 2 as determined by the
16domestic violence shelter or service. The domestic violence
17shelter or service shall be responsible for timely collection
18and transmission of dependent premiums.
19    The Director shall annually determine rates of payment,
20subject to the following constraints:
21        (1) In the first year of coverage, the rates shall be
22    equal to the amount normally charged to State employees for
23    elected optional coverages or for enrolled dependents
24    coverages or other contributory coverages on behalf of its
25    employees, adjusted for differences between State
26    employees and employees of the domestic violence shelter or

 

 

10000HB3342sam003- 654 -LRB100 08528 JWD 41189 a

1    service in age, sex, geographic location or other relevant
2    demographic variables, plus an amount sufficient to pay for
3    the additional administrative costs of providing coverage
4    to employees of the domestic violence shelter or service
5    and their dependents.
6        (2) In subsequent years, a further adjustment shall be
7    made to reflect the actual prior years' claims experience
8    of the employees of the domestic violence shelter or
9    service.
10    Monthly payments by the domestic violence shelter or
11service or its employees for group health insurance shall be
12deposited in the Local Government Health Insurance Reserve
13Fund.
14    (l) A public community college or entity organized pursuant
15to the Public Community College Act may apply to the Director
16initially to have only annuitants not covered prior to July 1,
171992 by the district's health plan provided health coverage
18under this Act on a non-insured basis. The community college
19must execute a 2-year contract to participate in the Local
20Government Health Plan. Any annuitant may enroll in the event
21of a qualifying change in status, special enrollment, special
22circumstance as defined by the Director, or during the annual
23Benefit Choice Period.
24    The Director shall annually determine monthly rates of
25payment subject to the following constraints: for those
26community colleges with annuitants only enrolled, first year

 

 

10000HB3342sam003- 655 -LRB100 08528 JWD 41189 a

1rates shall be equal to the average cost to cover claims for a
2State member adjusted for demographics, Medicare
3participation, and other factors; and in the second year, a
4further adjustment of rates shall be made to reflect the actual
5first year's claims experience of the covered annuitants.
6    (l-5) The provisions of subsection (l) become inoperative
7on July 1, 1999.
8    (m) The Director shall adopt any rules deemed necessary for
9implementation of this amendatory Act of 1989 (Public Act
1086-978).
11    (n) Any child advocacy center within the State of Illinois
12may apply to the Director to have its employees, annuitants,
13and their dependents provided group health coverage under this
14Act on a non-insured basis. To participate, a child advocacy
15center must agree to enroll all of its employees and pay the
16entire cost of providing coverage for its employees. The child
17advocacy center shall not be required to enroll those of its
18employees who are covered spouses or dependents under this plan
19or another group policy or plan providing health benefits as
20long as (1) an appropriate official from the child advocacy
21center attests that each employee not enrolled is a covered
22spouse or dependent under this plan or another group policy or
23plan and (2) at least 50% of the employees are enrolled and the
24child advocacy center remits the entire cost of providing
25coverage to those employees. Employees of a participating child
26advocacy center who are not enrolled due to coverage under

 

 

10000HB3342sam003- 656 -LRB100 08528 JWD 41189 a

1another group health policy or plan may enroll in the event of
2a qualifying change in status, special enrollment, or special
3circumstance as defined by the Director or during the annual
4Benefit Choice Period. A participating child advocacy center
5may also elect to cover its annuitants. Dependent coverage
6shall be offered on an optional basis, with the costs paid by
7the child advocacy center, its employees, or some combination
8of the 2 as determined by the child advocacy center. The child
9advocacy center shall be responsible for timely collection and
10transmission of dependent premiums.
11    The Director shall annually determine rates of payment,
12subject to the following constraints:
13        (1) In the first year of coverage, the rates shall be
14    equal to the amount normally charged to State employees for
15    elected optional coverages or for enrolled dependents
16    coverages or other contributory coverages on behalf of its
17    employees, adjusted for differences between State
18    employees and employees of the child advocacy center in
19    age, sex, geographic location, or other relevant
20    demographic variables, plus an amount sufficient to pay for
21    the additional administrative costs of providing coverage
22    to employees of the child advocacy center and their
23    dependents.
24        (2) In subsequent years, a further adjustment shall be
25    made to reflect the actual prior years' claims experience
26    of the employees of the child advocacy center.

 

 

10000HB3342sam003- 657 -LRB100 08528 JWD 41189 a

1    Monthly payments by the child advocacy center or its
2employees for group health insurance shall be deposited into
3the Local Government Health Insurance Reserve Fund.
4(Source: P.A. 97-695, eff. 7-1-12; 98-488, eff. 8-16-13.)
 
5    Section 110-15. The General Obligation Bond Act is amended
6by changing Sections 2.5, 9, 11, 12, and 13 and by adding
7Section 7.7 as follows:
 
8    (30 ILCS 330/2.5)
9    Sec. 2.5. Limitation on issuance of Bonds.
10    (a) Except as provided in subsection (b), no Bonds may be
11issued if, after the issuance, in the next State fiscal year
12after the issuance of the Bonds, the amount of debt service
13(including principal, whether payable at maturity or pursuant
14to mandatory sinking fund installments, and interest) on all
15then-outstanding Bonds, other than (i) Bonds authorized by
16Public Act 100-23 this amendatory Act of the 100th General
17Assembly, (ii) Bonds issued by Public Act 96-43, and (iii)
18Bonds authorized by Public Act 96-1497, and (iv) Bonds
19authorized by this amendatory Act of the 100th General
20Assembly, would exceed 7% of the aggregate appropriations from
21the general funds (which consist of the General Revenue Fund,
22the Common School Fund, the General Revenue Common School
23Special Account Fund, and the Education Assistance Fund) and
24the Road Fund for the fiscal year immediately prior to the

 

 

10000HB3342sam003- 658 -LRB100 08528 JWD 41189 a

1fiscal year of the issuance.
2    (b) If the Comptroller and Treasurer each consent in
3writing, Bonds may be issued even if the issuance does not
4comply with subsection (a). In addition, $2,000,000,000 in
5Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
6and $2,000,000,000 in Refunding Bonds under Section 16, may be
7issued during State fiscal year 2017 without complying with
8subsection (a). In addition, $2,000,000,000 in Bonds for the
9purposes set forth in Sections 3, 4, 5, 6, and 7, and
10$2,000,000,000 in Refunding Bonds under Section 16, may be
11issued during State fiscal year 2018 without complying with
12subsection (a).
13(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
1425-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
157-6-17; revised 8-8-17.)
 
16    (30 ILCS 330/7.7 new)
17    Sec. 7.7. State Pension Obligation Acceleration Bonds.
18    (a) As used in this Act, "State Pension Obligation
19Acceleration Bonds" means Bonds authorized by this amendatory
20Act of the 100th General Assembly and used for the purpose of
21making accelerated pension benefit payments under Articles 14,
2215, and 16 of the Illinois Pension Code.
23    (b) State Pension Obligation Acceleration Bonds in the
24amount of $1,000,000,000 are hereby authorized to be used for
25the purpose of making accelerated pension benefit payments

 

 

10000HB3342sam003- 659 -LRB100 08528 JWD 41189 a

1under Articles 14, 15, and 16 of the Illinois Pension Code.
2    (c) The proceeds of State Pension Obligation Acceleration
3Bonds authorized in subsection (b) of this Section, less the
4amounts authorized in the Bond Sale Order to be directly paid
5out for bond sale expenses under Section 8, shall be deposited
6directly into the State Pension Obligation Acceleration Bond
7Fund, and the Comptroller and the Treasurer shall, as soon as
8practical, make accelerated pension benefit payments under
9Articles 14, 15, and 16 of the Illinois Pension Code.
10    (d) There is created the State Pension Obligation
11Acceleration Bond Fund as a special fund in the State Treasury.
12Funds deposited in the State Pension Obligation Acceleration
13Bond Fund may only be used for the purpose of making
14accelerated pension benefit payments under Articles 14, 15, and
1516 of the Illinois Pension Code or for the payment of principal
16and interest due on State Pension Obligation Acceleration
17Bonds. This subsection shall constitute an irrevocable and
18continuing appropriation of all amounts necessary for such
19purposes.
 
20    (30 ILCS 330/9)  (from Ch. 127, par. 659)
21    Sec. 9. Conditions for issuance and sale of Bonds;
22requirements Issuance and Sale of Bonds - Requirements for
23Bonds.
24    (a) Except as otherwise provided in this subsection, and
25subsection (h), and subsection (i), Bonds shall be issued and

 

 

10000HB3342sam003- 660 -LRB100 08528 JWD 41189 a

1sold from time to time, in one or more series, in such amounts
2and at such prices as may be directed by the Governor, upon
3recommendation by the Director of the Governor's Office of
4Management and Budget. Bonds shall be in such form (either
5coupon, registered or book entry), in such denominations,
6payable within 25 years from their date, subject to such terms
7of redemption with or without premium, bear interest payable at
8such times and at such fixed or variable rate or rates, and be
9dated as shall be fixed and determined by the Director of the
10Governor's Office of Management and Budget in the order
11authorizing the issuance and sale of any series of Bonds, which
12order shall be approved by the Governor and is herein called a
13"Bond Sale Order"; provided however, that interest payable at
14fixed or variable rates shall not exceed that permitted in the
15Bond Authorization Act, as now or hereafter amended. Bonds
16shall be payable at such place or places, within or without the
17State of Illinois, and may be made registrable as to either
18principal or as to both principal and interest, as shall be
19specified in the Bond Sale Order. Bonds may be callable or
20subject to purchase and retirement or tender and remarketing as
21fixed and determined in the Bond Sale Order. Bonds, other than
22Bonds issued under Section 3 of this Act for the costs
23associated with the purchase and implementation of information
24technology, (i) except for refunding Bonds satisfying the
25requirements of Section 16 of this Act and sold during fiscal
26year 2009, 2010, 2011, 2017, or 2018 must be issued with

 

 

10000HB3342sam003- 661 -LRB100 08528 JWD 41189 a

1principal or mandatory redemption amounts in equal amounts,
2with the first maturity issued occurring within the fiscal year
3in which the Bonds are issued or within the next succeeding
4fiscal year and (ii) must mature or be subject to mandatory
5redemption each fiscal year thereafter up to 25 years, except
6for refunding Bonds satisfying the requirements of Section 16
7of this Act and sold during fiscal year 2009, 2010, or 2011
8which must mature or be subject to mandatory redemption each
9fiscal year thereafter up to 16 years. Bonds issued under
10Section 3 of this Act for the costs associated with the
11purchase and implementation of information technology must be
12issued with principal or mandatory redemption amounts in equal
13amounts, with the first maturity issued occurring with the
14fiscal year in which the respective bonds are issued or with
15the next succeeding fiscal year, with the respective bonds
16issued maturing or subject to mandatory redemption each fiscal
17year thereafter up to 10 years. Notwithstanding any provision
18of this Act to the contrary, the Bonds authorized by Public Act
1996-43 shall be payable within 5 years from their date and must
20be issued with principal or mandatory redemption amounts in
21equal amounts, with payment of principal or mandatory
22redemption beginning in the first fiscal year following the
23fiscal year in which the Bonds are issued.
24    Notwithstanding any provision of this Act to the contrary,
25the Bonds authorized by Public Act 96-1497 shall be payable
26within 8 years from their date and shall be issued with payment

 

 

10000HB3342sam003- 662 -LRB100 08528 JWD 41189 a

1of maturing principal or scheduled mandatory redemptions in
2accordance with the following schedule, except the following
3amounts shall be prorated if less than the total additional
4amount of Bonds authorized by Public Act 96-1497 are issued:
5    Fiscal Year After Issuance    Amount
6        1-2                        $0 
7        3                          $110,712,120
8        4                          $332,136,360
9        5                          $664,272,720
10        6-8                        $996,409,080
11    Notwithstanding any provision of this Act to the contrary,
12Income Tax Proceed Bonds issued under Section 7.6 shall be
13payable 12 years from the date of sale and shall be issued with
14payment of principal or mandatory redemption.
15    In the case of any series of Bonds bearing interest at a
16variable interest rate ("Variable Rate Bonds"), in lieu of
17determining the rate or rates at which such series of Variable
18Rate Bonds shall bear interest and the price or prices at which
19such Variable Rate Bonds shall be initially sold or remarketed
20(in the event of purchase and subsequent resale), the Bond Sale
21Order may provide that such interest rates and prices may vary
22from time to time depending on criteria established in such
23Bond Sale Order, which criteria may include, without
24limitation, references to indices or variations in interest
25rates as may, in the judgment of a remarketing agent, be
26necessary to cause Variable Rate Bonds of such series to be

 

 

10000HB3342sam003- 663 -LRB100 08528 JWD 41189 a

1remarketable from time to time at a price equal to their
2principal amount, and may provide for appointment of a bank,
3trust company, investment bank, or other financial institution
4to serve as remarketing agent in that connection. The Bond Sale
5Order may provide that alternative interest rates or provisions
6for establishing alternative interest rates, different
7security or claim priorities, or different call or amortization
8provisions will apply during such times as Variable Rate Bonds
9of any series are held by a person providing credit or
10liquidity enhancement arrangements for such Bonds as
11authorized in subsection (b) of this Section. The Bond Sale
12Order may also provide for such variable interest rates to be
13established pursuant to a process generally known as an auction
14rate process and may provide for appointment of one or more
15financial institutions to serve as auction agents and
16broker-dealers in connection with the establishment of such
17interest rates and the sale and remarketing of such Bonds.
18    (b) In connection with the issuance of any series of Bonds,
19the State may enter into arrangements to provide additional
20security and liquidity for such Bonds, including, without
21limitation, bond or interest rate insurance or letters of
22credit, lines of credit, bond purchase contracts, or other
23arrangements whereby funds are made available to retire or
24purchase Bonds, thereby assuring the ability of owners of the
25Bonds to sell or redeem their Bonds. The State may enter into
26contracts and may agree to pay fees to persons providing such

 

 

10000HB3342sam003- 664 -LRB100 08528 JWD 41189 a

1arrangements, but only under circumstances where the Director
2of the Governor's Office of Management and Budget certifies
3that he or she reasonably expects the total interest paid or to
4be paid on the Bonds, together with the fees for the
5arrangements (being treated as if interest), would not, taken
6together, cause the Bonds to bear interest, calculated to their
7stated maturity, at a rate in excess of the rate that the Bonds
8would bear in the absence of such arrangements.
9    The State may, with respect to Bonds issued or anticipated
10to be issued, participate in and enter into arrangements with
11respect to interest rate protection or exchange agreements,
12guarantees, or financial futures contracts for the purpose of
13limiting, reducing, or managing interest rate exposure. The
14authority granted under this paragraph, however, shall not
15increase the principal amount of Bonds authorized to be issued
16by law. The arrangements may be executed and delivered by the
17Director of the Governor's Office of Management and Budget on
18behalf of the State. Net payments for such arrangements shall
19constitute interest on the Bonds and shall be paid from the
20General Obligation Bond Retirement and Interest Fund. The
21Director of the Governor's Office of Management and Budget
22shall at least annually certify to the Governor and the State
23Comptroller his or her estimate of the amounts of such net
24payments to be included in the calculation of interest required
25to be paid by the State.
26    (c) Prior to the issuance of any Variable Rate Bonds

 

 

10000HB3342sam003- 665 -LRB100 08528 JWD 41189 a

1pursuant to subsection (a), the Director of the Governor's
2Office of Management and Budget shall adopt an interest rate
3risk management policy providing that the amount of the State's
4variable rate exposure with respect to Bonds shall not exceed
520%. This policy shall remain in effect while any Bonds are
6outstanding and the issuance of Bonds shall be subject to the
7terms of such policy. The terms of this policy may be amended
8from time to time by the Director of the Governor's Office of
9Management and Budget but in no event shall any amendment cause
10the permitted level of the State's variable rate exposure with
11respect to Bonds to exceed 20%.
12    (d) "Build America Bonds" in this Section means Bonds
13authorized by Section 54AA of the Internal Revenue Code of
141986, as amended ("Internal Revenue Code"), and bonds issued
15from time to time to refund or continue to refund "Build
16America Bonds".
17    (e) Notwithstanding any other provision of this Section,
18Qualified School Construction Bonds shall be issued and sold
19from time to time, in one or more series, in such amounts and
20at such prices as may be directed by the Governor, upon
21recommendation by the Director of the Governor's Office of
22Management and Budget. Qualified School Construction Bonds
23shall be in such form (either coupon, registered or book
24entry), in such denominations, payable within 25 years from
25their date, subject to such terms of redemption with or without
26premium, and if the Qualified School Construction Bonds are

 

 

10000HB3342sam003- 666 -LRB100 08528 JWD 41189 a

1issued with a supplemental coupon, bear interest payable at
2such times and at such fixed or variable rate or rates, and be
3dated as shall be fixed and determined by the Director of the
4Governor's Office of Management and Budget in the order
5authorizing the issuance and sale of any series of Qualified
6School Construction Bonds, which order shall be approved by the
7Governor and is herein called a "Bond Sale Order"; except that
8interest payable at fixed or variable rates, if any, shall not
9exceed that permitted in the Bond Authorization Act, as now or
10hereafter amended. Qualified School Construction Bonds shall
11be payable at such place or places, within or without the State
12of Illinois, and may be made registrable as to either principal
13or as to both principal and interest, as shall be specified in
14the Bond Sale Order. Qualified School Construction Bonds may be
15callable or subject to purchase and retirement or tender and
16remarketing as fixed and determined in the Bond Sale Order.
17Qualified School Construction Bonds must be issued with
18principal or mandatory redemption amounts or sinking fund
19payments into the General Obligation Bond Retirement and
20Interest Fund (or subaccount therefor) in equal amounts, with
21the first maturity issued, mandatory redemption payment or
22sinking fund payment occurring within the fiscal year in which
23the Qualified School Construction Bonds are issued or within
24the next succeeding fiscal year, with Qualified School
25Construction Bonds issued maturing or subject to mandatory
26redemption or with sinking fund payments thereof deposited each

 

 

10000HB3342sam003- 667 -LRB100 08528 JWD 41189 a

1fiscal year thereafter up to 25 years. Sinking fund payments
2set forth in this subsection shall be permitted only to the
3extent authorized in Section 54F of the Internal Revenue Code
4or as otherwise determined by the Director of the Governor's
5Office of Management and Budget. "Qualified School
6Construction Bonds" in this subsection means Bonds authorized
7by Section 54F of the Internal Revenue Code and for bonds
8issued from time to time to refund or continue to refund such
9"Qualified School Construction Bonds".
10    (f) Beginning with the next issuance by the Governor's
11Office of Management and Budget to the Procurement Policy Board
12of a request for quotation for the purpose of formulating a new
13pool of qualified underwriting banks list, all entities
14responding to such a request for quotation for inclusion on
15that list shall provide a written report to the Governor's
16Office of Management and Budget and the Illinois Comptroller.
17The written report submitted to the Comptroller shall (i) be
18published on the Comptroller's Internet website and (ii) be
19used by the Governor's Office of Management and Budget for the
20purposes of scoring such a request for quotation. The written
21report, at a minimum, shall:
22        (1) disclose whether, within the past 3 months,
23    pursuant to its credit default swap market-making
24    activities, the firm has entered into any State of Illinois
25    credit default swaps ("CDS");
26        (2) include, in the event of State of Illinois CDS

 

 

10000HB3342sam003- 668 -LRB100 08528 JWD 41189 a

1    activity, disclosure of the firm's cumulative notional
2    volume of State of Illinois CDS trades and the firm's
3    outstanding gross and net notional amount of State of
4    Illinois CDS, as of the end of the current 3-month period;
5        (3) indicate, pursuant to the firm's proprietary
6    trading activities, disclosure of whether the firm, within
7    the past 3 months, has entered into any proprietary trades
8    for its own account in State of Illinois CDS;
9        (4) include, in the event of State of Illinois
10    proprietary trades, disclosure of the firm's outstanding
11    gross and net notional amount of proprietary State of
12    Illinois CDS and whether the net position is short or long
13    credit protection, as of the end of the current 3-month
14    period;
15        (5) list all time periods during the past 3 months
16    during which the firm held net long or net short State of
17    Illinois CDS proprietary credit protection positions, the
18    amount of such positions, and whether those positions were
19    net long or net short credit protection positions; and
20        (6) indicate whether, within the previous 3 months, the
21    firm released any publicly available research or marketing
22    reports that reference State of Illinois CDS and include
23    those research or marketing reports as attachments.
24    (g) All entities included on a Governor's Office of
25Management and Budget's pool of qualified underwriting banks
26list shall, as soon as possible after March 18, 2011 (the

 

 

10000HB3342sam003- 669 -LRB100 08528 JWD 41189 a

1effective date of Public Act 96-1554), but not later than
2January 21, 2011, and on a quarterly fiscal basis thereafter,
3provide a written report to the Governor's Office of Management
4and Budget and the Illinois Comptroller. The written reports
5submitted to the Comptroller shall be published on the
6Comptroller's Internet website. The written reports, at a
7minimum, shall:
8        (1) disclose whether, within the past 3 months,
9    pursuant to its credit default swap market-making
10    activities, the firm has entered into any State of Illinois
11    credit default swaps ("CDS");
12        (2) include, in the event of State of Illinois CDS
13    activity, disclosure of the firm's cumulative notional
14    volume of State of Illinois CDS trades and the firm's
15    outstanding gross and net notional amount of State of
16    Illinois CDS, as of the end of the current 3-month period;
17        (3) indicate, pursuant to the firm's proprietary
18    trading activities, disclosure of whether the firm, within
19    the past 3 months, has entered into any proprietary trades
20    for its own account in State of Illinois CDS;
21        (4) include, in the event of State of Illinois
22    proprietary trades, disclosure of the firm's outstanding
23    gross and net notional amount of proprietary State of
24    Illinois CDS and whether the net position is short or long
25    credit protection, as of the end of the current 3-month
26    period;

 

 

10000HB3342sam003- 670 -LRB100 08528 JWD 41189 a

1        (5) list all time periods during the past 3 months
2    during which the firm held net long or net short State of
3    Illinois CDS proprietary credit protection positions, the
4    amount of such positions, and whether those positions were
5    net long or net short credit protection positions; and
6        (6) indicate whether, within the previous 3 months, the
7    firm released any publicly available research or marketing
8    reports that reference State of Illinois CDS and include
9    those research or marketing reports as attachments.
10    (h) Notwithstanding any other provision of this Section,
11for purposes of maximizing market efficiencies and cost
12savings, Income Tax Proceed Bonds may be issued and sold from
13time to time, in one or more series, in such amounts and at
14such prices as may be directed by the Governor, upon
15recommendation by the Director of the Governor's Office of
16Management and Budget. Income Tax Proceed Bonds shall be in
17such form, either coupon, registered, or book entry, in such
18denominations, shall bear interest payable at such times and at
19such fixed or variable rate or rates, and be dated as shall be
20fixed and determined by the Director of the Governor's Office
21of Management and Budget in the order authorizing the issuance
22and sale of any series of Income Tax Proceed Bonds, which order
23shall be approved by the Governor and is herein called a "Bond
24Sale Order"; provided, however, that interest payable at fixed
25or variable rates shall not exceed that permitted in the Bond
26Authorization Act. Income Tax Proceed Bonds shall be payable at

 

 

10000HB3342sam003- 671 -LRB100 08528 JWD 41189 a

1such place or places, within or without the State of Illinois,
2and may be made registrable as to either principal or as to
3both principal and interest, as shall be specified in the Bond
4Sale Order. Income Tax Proceed Bonds may be callable or subject
5to purchase and retirement or tender and remarketing as fixed
6and determined in the Bond Sale Order.
7    (i) Notwithstanding any other provision of this Section,
8for purposes of maximizing market efficiencies and cost
9savings, State Pension Obligation Acceleration Bonds may be
10issued and sold from time to time, in one or more series, in
11such amounts and at such prices as may be directed by the
12Governor, upon recommendation by the Director of the Governor's
13Office of Management and Budget. State Pension Obligation
14Acceleration Bonds shall be in such form, either coupon,
15registered, or book entry, in such denominations, shall bear
16interest payable at such times and at such fixed or variable
17rate or rates, and be dated as shall be fixed and determined by
18the Director of the Governor's Office of Management and Budget
19in the order authorizing the issuance and sale of any series of
20State Pension Obligation Acceleration Bonds, which order shall
21be approved by the Governor and is herein called a "Bond Sale
22Order"; provided, however, that interest payable at fixed or
23variable rates shall not exceed that permitted in the Bond
24Authorization Act. State Pension Obligation Acceleration Bonds
25shall be payable at such place or places, within or without the
26State of Illinois, and may be made registrable as to either

 

 

10000HB3342sam003- 672 -LRB100 08528 JWD 41189 a

1principal or as to both principal and interest, as shall be
2specified in the Bond Sale Order. State Pension Obligation
3Acceleration Bonds may be callable or subject to purchase and
4retirement or tender and remarketing as fixed and determined in
5the Bond Sale Order.
6(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
725-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
87-6-17; revised 8-8-17.)
 
9    (30 ILCS 330/11)  (from Ch. 127, par. 661)
10    Sec. 11. Sale of Bonds. Except as otherwise provided in
11this Section, Bonds shall be sold from time to time pursuant to
12notice of sale and public bid or by negotiated sale in such
13amounts and at such times as is directed by the Governor, upon
14recommendation by the Director of the Governor's Office of
15Management and Budget. At least 25%, based on total principal
16amount, of all Bonds issued each fiscal year shall be sold
17pursuant to notice of sale and public bid. At all times during
18each fiscal year, no more than 75%, based on total principal
19amount, of the Bonds issued each fiscal year, shall have been
20sold by negotiated sale. Failure to satisfy the requirements in
21the preceding 2 sentences shall not affect the validity of any
22previously issued Bonds; provided that all Bonds authorized by
23Public Act 96-43 and Public Act 96-1497 shall not be included
24in determining compliance for any fiscal year with the
25requirements of the preceding 2 sentences; and further provided

 

 

10000HB3342sam003- 673 -LRB100 08528 JWD 41189 a

1that refunding Bonds satisfying the requirements of Section 16
2of this Act and sold during fiscal year 2009, 2010, 2011, 2017,
3or 2018 shall not be subject to the requirements in the
4preceding 2 sentences.
5    If any Bonds, including refunding Bonds, are to be sold by
6negotiated sale, the Director of the Governor's Office of
7Management and Budget shall comply with the competitive request
8for proposal process set forth in the Illinois Procurement Code
9and all other applicable requirements of that Code.
10    If Bonds are to be sold pursuant to notice of sale and
11public bid, the Director of the Governor's Office of Management
12and Budget may, from time to time, as Bonds are to be sold,
13advertise the sale of the Bonds in at least 2 daily newspapers,
14one of which is published in the City of Springfield and one in
15the City of Chicago. The sale of the Bonds shall also be
16advertised in the volume of the Illinois Procurement Bulletin
17that is published by the Department of Central Management
18Services, and shall be published once at least 10 days prior to
19the date fixed for the opening of the bids. The Director of the
20Governor's Office of Management and Budget may reschedule the
21date of sale upon the giving of such additional notice as the
22Director deems adequate to inform prospective bidders of such
23change; provided, however, that all other conditions of the
24sale shall continue as originally advertised.
25    Executed Bonds shall, upon payment therefor, be delivered
26to the purchaser, and the proceeds of Bonds shall be paid into

 

 

10000HB3342sam003- 674 -LRB100 08528 JWD 41189 a

1the State Treasury as directed by Section 12 of this Act.
2    All Income Tax Proceed Bonds shall comply with this
3Section. Notwithstanding anything to the contrary, however,
4for purposes of complying with this Section, Income Tax Proceed
5Bonds, regardless of the number of series or issuances sold
6thereunder, shall be considered a single issue or series.
7Furthermore, for purposes of complying with the competitive
8bidding requirements of this Section, the words "at all times"
9shall not apply to any such sale of the Income Tax Proceed
10Bonds. The Director of the Governor's Office of Management and
11Budget shall determine the time and manner of any competitive
12sale of the Income Tax Proceed Bonds; however, that sale shall
13under no circumstances take place later than 60 days after the
14State closes the sale of 75% of the Income Tax Proceed Bonds by
15negotiated sale.
16    All State Pension Obligation Acceleration Bonds shall
17comply with this Section. Notwithstanding anything to the
18contrary, however, for purposes of complying with this Section,
19State Pension Obligation Acceleration Bonds, regardless of the
20number of series or issuances sold thereunder, shall be
21considered a single issue or series. Furthermore, for purposes
22of complying with the competitive bidding requirements of this
23Section, the words "at all times" shall not apply to any such
24sale of the State Pension Obligation Acceleration Bonds. The
25Director of the Governor's Office of Management and Budget
26shall determine the time and manner of any competitive sale of

 

 

10000HB3342sam003- 675 -LRB100 08528 JWD 41189 a

1the State Pension Obligation Acceleration Bonds; however, that
2sale shall under no circumstances take place later than 60 days
3after the State closes the sale of 75% of the State Pension
4Obligation Acceleration Bonds by negotiated sale.
5(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
625-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
77-6-17; revised 8-15-17.)
 
8    (30 ILCS 330/12)  (from Ch. 127, par. 662)
9    Sec. 12. Allocation of proceeds from sale of Bonds.
10    (a) Proceeds from the sale of Bonds, authorized by Section
113 of this Act, shall be deposited in the separate fund known as
12the Capital Development Fund.
13    (b) Proceeds from the sale of Bonds, authorized by
14paragraph (a) of Section 4 of this Act, shall be deposited in
15the separate fund known as the Transportation Bond, Series A
16Fund.
17    (c) Proceeds from the sale of Bonds, authorized by
18paragraphs (b) and (c) of Section 4 of this Act, shall be
19deposited in the separate fund known as the Transportation
20Bond, Series B Fund.
21    (c-1) Proceeds from the sale of Bonds, authorized by
22paragraph (d) of Section 4 of this Act, shall be deposited into
23the Transportation Bond Series D Fund, which is hereby created.
24    (d) Proceeds from the sale of Bonds, authorized by Section
255 of this Act, shall be deposited in the separate fund known as

 

 

10000HB3342sam003- 676 -LRB100 08528 JWD 41189 a

1the School Construction Fund.
2    (e) Proceeds from the sale of Bonds, authorized by Section
36 of this Act, shall be deposited in the separate fund known as
4the Anti-Pollution Fund.
5    (f) Proceeds from the sale of Bonds, authorized by Section
67 of this Act, shall be deposited in the separate fund known as
7the Coal Development Fund.
8    (f-2) Proceeds from the sale of Bonds, authorized by
9Section 7.2 of this Act, shall be deposited as set forth in
10Section 7.2.
11    (f-5) Proceeds from the sale of Bonds, authorized by
12Section 7.5 of this Act, shall be deposited as set forth in
13Section 7.5.
14    (f-7) Proceeds from the sale of Bonds, authorized by
15Section 7.6 of this Act, shall be deposited as set forth in
16Section 7.6.
17    (f-8) Proceeds from the sale of Bonds, authorized by
18Section 7.7 of this Act, shall be deposited as set forth in
19Section 7.7.
20    (g) Proceeds from the sale of Bonds, authorized by Section
218 of this Act, shall be deposited in the Capital Development
22Fund.
23    (h) Subsequent to the issuance of any Bonds for the
24purposes described in Sections 2 through 8 of this Act, the
25Governor and the Director of the Governor's Office of
26Management and Budget may provide for the reallocation of

 

 

10000HB3342sam003- 677 -LRB100 08528 JWD 41189 a

1unspent proceeds of such Bonds to any other purposes authorized
2under said Sections of this Act, subject to the limitations on
3aggregate principal amounts contained therein. Upon any such
4reallocation, such unspent proceeds shall be transferred to the
5appropriate funds as determined by reference to paragraphs (a)
6through (g) of this Section.
7(Source: P.A. 100-23, eff. 7-6-17.)
 
8    (30 ILCS 330/13)  (from Ch. 127, par. 663)
9    Sec. 13. Appropriation of proceeds from sale of Bonds.
10    (a) At all times, the proceeds from the sale of Bonds
11issued pursuant to this Act are subject to appropriation by the
12General Assembly and, except as provided in Sections 7.2, and
137.6, and 7.7, may be obligated or expended only with the
14written approval of the Governor, in such amounts, at such
15times, and for such purposes as the respective State agencies,
16as defined in Section 1-7 of the Illinois State Auditing Act,
17as amended, deem necessary or desirable for the specific
18purposes contemplated in Sections 2 through 8 of this Act.
19Notwithstanding any other provision of this Act, proceeds from
20the sale of Bonds issued pursuant to this Act appropriated by
21the General Assembly to the Architect of the Capitol may be
22obligated or expended by the Architect of the Capitol without
23the written approval of the Governor.
24    (b) Proceeds from the sale of Bonds for the purpose of
25development of coal and alternative forms of energy shall be

 

 

10000HB3342sam003- 678 -LRB100 08528 JWD 41189 a

1expended in such amounts and at such times as the Department of
2Commerce and Economic Opportunity, with the advice and
3recommendation of the Illinois Coal Development Board for coal
4development projects, may deem necessary and desirable for the
5specific purpose contemplated by Section 7 of this Act. In
6considering the approval of projects to be funded, the
7Department of Commerce and Economic Opportunity shall give
8special consideration to projects designed to remove sulfur and
9other pollutants in the preparation and utilization of coal,
10and in the use and operation of electric utility generating
11plants and industrial facilities which utilize Illinois coal as
12their primary source of fuel.
13    (c) Except as directed in subsection (c-1) or (c-2), any
14monies received by any officer or employee of the state
15representing a reimbursement of expenditures previously paid
16from general obligation bond proceeds shall be deposited into
17the General Obligation Bond Retirement and Interest Fund
18authorized in Section 14 of this Act.
19    (c-1) Any money received by the Department of
20Transportation as reimbursement for expenditures for high
21speed rail purposes pursuant to appropriations from the
22Transportation Bond, Series B Fund for (i) CREATE (Chicago
23Region Environmental and Transportation Efficiency), (ii) High
24Speed Rail, or (iii) AMTRAK projects authorized by the federal
25government under the provisions of the American Recovery and
26Reinvestment Act of 2009 or the Safe Accountable Flexible

 

 

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1Efficient Transportation Equity Act-A Legacy for Users
2(SAFETEA-LU), or any successor federal transportation
3authorization Act, shall be deposited into the Federal High
4Speed Rail Trust Fund.
5    (c-2) Any money received by the Department of
6Transportation as reimbursement for expenditures for transit
7capital purposes pursuant to appropriations from the
8Transportation Bond, Series B Fund for projects authorized by
9the federal government under the provisions of the American
10Recovery and Reinvestment Act of 2009 or the Safe Accountable
11Flexible Efficient Transportation Equity Act-A Legacy for
12Users (SAFETEA-LU), or any successor federal transportation
13authorization Act, shall be deposited into the Federal Mass
14Transit Trust Fund.
15(Source: P.A. 100-23, eff. 7-6-17.)
 
16    Section 110-20. The Illinois Pension Code is amended by
17adding Sections 14-103.41, 14-147.5, 14-147.6, 15-185.5,
1815-185.6, 16-106.41, 16-158, 16-190.5, and 16-190.6 and
19amending Sections 14-135.08, 14-152.1, 15-155, 15-165, 15-198,
20and 16-203 as follows:
 
21    (40 ILCS 5/14-103.41 new)
22    Sec. 14-103.41. Tier 1 member. "Tier 1 member": A member of
23this System who first became a member or participant before
24January 1, 2011 under any reciprocal retirement system or

 

 

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1pension fund established under this Code other than a
2retirement system or pension fund established under Article 2,
33, 4, 5, 6, or 18 of this Code.
 
4    (40 ILCS 5/14-135.08)  (from Ch. 108 1/2, par. 14-135.08)
5    Sec. 14-135.08. To certify required State contributions.
6    (a) To certify to the Governor and to each department, on
7or before November 15 of each year until November 15, 2011, the
8required rate for State contributions to the System for the
9next State fiscal year, as determined under subsection (b) of
10Section 14-131. The certification to the Governor under this
11subsection (a) shall include a copy of the actuarial
12recommendations upon which the rate is based and shall
13specifically identify the System's projected State normal cost
14for that fiscal year.
15    (a-5) On or before November 1 of each year, beginning
16November 1, 2012, the Board shall submit to the State Actuary,
17the Governor, and the General Assembly a proposed certification
18of the amount of the required State contribution to the System
19for the next fiscal year, along with all of the actuarial
20assumptions, calculations, and data upon which that proposed
21certification is based. On or before January 1 of each year
22beginning January 1, 2013, the State Actuary shall issue a
23preliminary report concerning the proposed certification and
24identifying, if necessary, recommended changes in actuarial
25assumptions that the Board must consider before finalizing its

 

 

10000HB3342sam003- 681 -LRB100 08528 JWD 41189 a

1certification of the required State contributions. On or before
2January 15, 2013 and each January 15 thereafter, the Board
3shall certify to the Governor and the General Assembly the
4amount of the required State contribution for the next fiscal
5year. The Board's certification must note any deviations from
6the State Actuary's recommended changes, the reason or reasons
7for not following the State Actuary's recommended changes, and
8the fiscal impact of not following the State Actuary's
9recommended changes on the required State contribution.
10    (b) The certifications under subsections (a) and (a-5)
11shall include an additional amount necessary to pay all
12principal of and interest on those general obligation bonds due
13the next fiscal year authorized by Section 7.2(a) of the
14General Obligation Bond Act and issued to provide the proceeds
15deposited by the State with the System in July 2003,
16representing deposits other than amounts reserved under
17Section 7.2(c) of the General Obligation Bond Act. For State
18fiscal year 2005, the Board shall make a supplemental
19certification of the additional amount necessary to pay all
20principal of and interest on those general obligation bonds due
21in State fiscal years 2004 and 2005 authorized by Section
227.2(a) of the General Obligation Bond Act and issued to provide
23the proceeds deposited by the State with the System in July
242003, representing deposits other than amounts reserved under
25Section 7.2(c) of the General Obligation Bond Act, as soon as
26practical after the effective date of this amendatory Act of

 

 

10000HB3342sam003- 682 -LRB100 08528 JWD 41189 a

1the 93rd General Assembly.
2    On or before May 1, 2004, the Board shall recalculate and
3recertify to the Governor and to each department the amount of
4the required State contribution to the System and the required
5rates for State contributions to the System for State fiscal
6year 2005, taking into account the amounts appropriated to and
7received by the System under subsection (d) of Section 7.2 of
8the General Obligation Bond Act.
9    On or before July 1, 2005, the Board shall recalculate and
10recertify to the Governor and to each department the amount of
11the required State contribution to the System and the required
12rates for State contributions to the System for State fiscal
13year 2006, taking into account the changes in required State
14contributions made by this amendatory Act of the 94th General
15Assembly.
16    On or before April 1, 2011, the Board shall recalculate and
17recertify to the Governor and to each department the amount of
18the required State contribution to the System for State fiscal
19year 2011, applying the changes made by Public Act 96-889 to
20the System's assets and liabilities as of June 30, 2009 as
21though Public Act 96-889 was approved on that date.
22    By November 1, 2017, the Board shall recalculate and
23recertify to the State Actuary, the Governor, and the General
24Assembly the amount of the State contribution to the System for
25State fiscal year 2018, taking into account the changes in
26required State contributions made by this amendatory Act of the

 

 

10000HB3342sam003- 683 -LRB100 08528 JWD 41189 a

1100th General Assembly. The State Actuary shall review the
2assumptions and valuations underlying the Board's revised
3certification and issue a preliminary report concerning the
4proposed recertification and identifying, if necessary,
5recommended changes in actuarial assumptions that the Board
6must consider before finalizing its certification of the
7required State contributions. The Board's final certification
8must note any deviations from the State Actuary's recommended
9changes, the reason or reasons for not following the State
10Actuary's recommended changes, and the fiscal impact of not
11following the State Actuary's recommended changes on the
12required State contribution.
13    On or after June 15, 2019, but no later than June 30, 2019,
14the Board shall recalculate and recertify to the Governor and
15the General Assembly the amount of the State contribution to
16the System for State fiscal year 2019, taking into account the
17changes in required State contributions made by this amendatory
18Act of the 100th General Assembly. The recalculation shall be
19made using assumptions adopted by the Board for the original
20fiscal year 2019 certification. The monthly voucher for the
2112th month of fiscal year 2019 shall be paid by the Comptroller
22after the recertification required pursuant to this paragraph
23is submitted to the Governor, Comptroller, and General
24Assembly. The recertification submitted to the General
25Assembly shall be filed with the Clerk of the House of
26Representatives and the Secretary of the Senate in electronic

 

 

10000HB3342sam003- 684 -LRB100 08528 JWD 41189 a

1form only, in the manner that the Clerk and the Secretary shall
2direct.
3(Source: P.A. 100-23, eff. 7-6-17.)
 
4    (40 ILCS 5/14-147.5 new)
5    Sec. 14-147.5. Accelerated pension benefit payment in lieu
6of any pension benefit.
7    (a) As used in this Section:
8    "Eligible person" means a person who:
9        (1) has terminated service;
10        (2) has accrued sufficient service credit to be
11    eligible to receive a retirement annuity under this
12    Article;
13        (3) has not received any retirement annuity under this
14    Article; and
15        (4) has not made the election under Section 14-147.6.
16    "Pension benefit" means the benefits under this Article, or
17Article 1 as it relates to those benefits, including any
18anticipated annual increases, that an eligible person is
19entitled to upon attainment of the applicable retirement age.
20"Pension benefit" also includes applicable survivor's or
21disability benefits.
22    (b) As soon as practical after the effective date of this
23amendatory Act of the 100th General Assembly, the System shall
24calculate, using actuarial tables and other assumptions
25adopted by the Board, the present value of pension benefits for

 

 

10000HB3342sam003- 685 -LRB100 08528 JWD 41189 a

1each eligible person who requests that information and shall
2offer each eligible person the opportunity to irrevocably elect
3to receive an amount determined by the System to be equal to
460% of the present value of his or her pension benefits in lieu
5of receiving any pension benefit. The offer shall specify the
6dollar amount that the eligible person will receive if he or
7she so elects and shall expire when a subsequent offer is made
8to an eligible person. An eligible person is limited to one
9calculation and offer per calendar year. The System shall make
10a good faith effort to contact every eligible person to notify
11him or her of the election.
12    Until June 30, 2021, an eligible person may irrevocably
13elect to receive an accelerated pension benefit payment in the
14amount that the System offers under this subsection in lieu of
15receiving any pension benefit. A person who elects to receive
16an accelerated pension benefit payment under this Section may
17not elect to proceed under the Retirement Systems Reciprocal
18Act with respect to service under this Article.
19    (c) A person's creditable service under this Article shall
20be terminated upon the person's receipt of an accelerated
21pension benefit payment under this Section, and no other
22benefit shall be paid under this Article based on the
23terminated creditable service, including any retirement,
24survivor, or other benefit; except that to the extent that
25participation, benefits, or premiums under the State Employees
26Group Insurance Act of 1971 are based on the amount of service

 

 

10000HB3342sam003- 686 -LRB100 08528 JWD 41189 a

1credit, the terminated service credit shall be used for that
2purpose.
3    (d) If a person who has received an accelerated pension
4benefit payment under this Section returns to active service
5under this Article, then:
6        (1) Any benefits under the System earned as a result of
7    that return to active service shall be based solely on the
8    person's creditable service arising from the return to
9    active service.
10        (2) The accelerated pension benefit payment may not be
11    repaid to the System, and the terminated creditable service
12    may not under any circumstances be reinstated.
13    (e) As a condition of receiving an accelerated pension
14benefit payment, the accelerated pension benefit payment must
15be transferred into a tax qualified retirement plan or account.
16The accelerated pension benefit payment under this Section may
17be subject to withholding or payment of applicable taxes, but
18to the extent permitted by federal law, a person who receives
19an accelerated pension benefit payment under this Section must
20direct the System to pay all of that payment as a rollover into
21another retirement plan or account qualified under the Internal
22Revenue Code of 1986, as amended.
23    (f) Upon receipt of a member's irrevocable election to
24receive an accelerated pension benefit payment under this
25Section, the System shall submit a voucher to the Comptroller
26for payment of the member's accelerated pension benefit

 

 

10000HB3342sam003- 687 -LRB100 08528 JWD 41189 a

1payment. The Comptroller shall transfer the amount of the
2voucher from the State Pension Obligation Acceleration Bond
3Fund to the System, and the System shall transfer the amount
4into the member's eligible retirement plan or qualified
5account.
6    (g) The Board shall adopt any rules, including emergency
7rules, necessary to implement this Section.
8    (h) No provision of this Section shall be interpreted in a
9way that would cause the applicable System to cease to be a
10qualified plan under the Internal Revenue Code of 1986.
 
11    (40 ILCS 5/14-147.6 new)
12    Sec. 14-147.6. Accelerated pension benefit payment for a
13reduction in annual retirement annuity and survivor's annuity
14increases.
15    (a) As used in this Section:
16    "Accelerated pension benefit payment" means a lump sum
17payment equal to 70% of the difference of the present value of
18the automatic annual increases to a Tier 1 member's retirement
19annuity and survivor's annuity using the formula applicable to
20the Tier 1 member and the present value of the automatic annual
21increases to the Tier 1 member's retirement annuity using the
22formula provided under subsection (b-5) and survivor's annuity
23using the formula provided under subsection (b-6).
24    "Eligible person" means a person who:
25        (1) is a Tier 1 member;

 

 

10000HB3342sam003- 688 -LRB100 08528 JWD 41189 a

1        (2) has submitted an application for a retirement
2    annuity under this Article;
3        (3) meets the age and service requirements for
4    receiving a retirement annuity under this Article;
5        (4) has not received any retirement annuity under this
6    Article; and
7        (5) has not made the election under Section 14-147.5.
8    (b) As soon as practical after the effective date of this
9amendatory Act of the 100th General Assembly and until June 30,
102021, the System shall implement an accelerated pension benefit
11payment option for eligible persons. Upon the request of an
12eligible person, the System shall calculate, using actuarial
13tables and other assumptions adopted by the Board, an
14accelerated pension benefit payment amount and shall offer that
15eligible person the opportunity to irrevocably elect to have
16his or her automatic annual increases in retirement annuity
17calculated in accordance with the formula provided under
18subsection (b-5) and any increases in survivor's annuity
19payable to his or her survivor's annuity beneficiary calculated
20in accordance with the formula provided under subsection (b-6)
21in exchange for the accelerated pension benefit payment. The
22election under this subsection must be made before the eligible
23person receives the first payment of a retirement annuity
24otherwise payable under this Article.
25    (b-5) Notwithstanding any other provision of law, the
26retirement annuity of a person who made the election under

 

 

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1subsection (b) shall be subject to annual increases on the
2January 1 occurring either on or after the attainment of age 67
3or the first anniversary of the annuity start date, whichever
4is later. Each annual increase shall be calculated at 1.5% of
5the originally granted retirement annuity.
6    (b-6) Notwithstanding any other provision of law, a
7survivor's annuity payable to a survivor's annuity beneficiary
8of a person who made the election under subsection (b) shall be
9subject to annual increases on the January 1 occurring on or
10after the first anniversary of the commencement of the annuity.
11Each annual increase shall be calculated at 1.5% of the
12originally granted survivor's annuity.
13    (c) If a person who has received an accelerated pension
14benefit payment returns to active service under this Article,
15then:
16        (1) the calculation of any future automatic annual
17    increase in retirement annuity shall be calculated in
18    accordance with the formula provided under subsection
19    (b-5); and
20        (2) the accelerated pension benefit payment may not be
21    repaid to the System.
22    (d) As a condition of receiving an accelerated pension
23benefit payment, the accelerated pension benefit payment must
24be transferred into a tax qualified retirement plan or account.
25The accelerated pension benefit payment under this Section may
26be subject to withholding or payment of applicable taxes, but

 

 

10000HB3342sam003- 690 -LRB100 08528 JWD 41189 a

1to the extent permitted by federal law, a person who receives
2an accelerated pension benefit payment under this Section must
3direct the System to pay all of that payment as a rollover into
4another retirement plan or account qualified under the Internal
5Revenue Code of 1986, as amended.
6    (d-5) Upon receipt of a member's irrevocable election to
7receive an accelerated pension benefit payment under this
8Section, the System shall submit a voucher to the Comptroller
9for payment of the member's accelerated pension benefit
10payment. The Comptroller shall transfer the amount of the
11voucher to the System, and the System shall transfer the amount
12into a member's eligible retirement plan or qualified account.
13    (e) The Board shall adopt any rules, including emergency
14rules, necessary to implement this Section.
15    (f) No provision of this Section shall be interpreted in a
16way that would cause the applicable System to cease to be a
17qualified plan under the Internal Revenue Code of 1986.
 
18    (40 ILCS 5/14-152.1)
19    Sec. 14-152.1. Application and expiration of new benefit
20increases.
21    (a) As used in this Section, "new benefit increase" means
22an increase in the amount of any benefit provided under this
23Article, or an expansion of the conditions of eligibility for
24any benefit under this Article, that results from an amendment
25to this Code that takes effect after June 1, 2005 (the

 

 

10000HB3342sam003- 691 -LRB100 08528 JWD 41189 a

1effective date of Public Act 94-4). "New benefit increase",
2however, does not include any benefit increase resulting from
3the changes made to Article 1 or this Article by Public Act
496-37, Public Act 100-23, or this amendatory Act of the 100th
5General Assembly or by this amendatory Act of the 100th General
6Assembly.
7    (b) Notwithstanding any other provision of this Code or any
8subsequent amendment to this Code, every new benefit increase
9is subject to this Section and shall be deemed to be granted
10only in conformance with and contingent upon compliance with
11the provisions of this Section.
12    (c) The Public Act enacting a new benefit increase must
13identify and provide for payment to the System of additional
14funding at least sufficient to fund the resulting annual
15increase in cost to the System as it accrues.
16    Every new benefit increase is contingent upon the General
17Assembly providing the additional funding required under this
18subsection. The Commission on Government Forecasting and
19Accountability shall analyze whether adequate additional
20funding has been provided for the new benefit increase and
21shall report its analysis to the Public Pension Division of the
22Department of Insurance. A new benefit increase created by a
23Public Act that does not include the additional funding
24required under this subsection is null and void. If the Public
25Pension Division determines that the additional funding
26provided for a new benefit increase under this subsection is or

 

 

10000HB3342sam003- 692 -LRB100 08528 JWD 41189 a

1has become inadequate, it may so certify to the Governor and
2the State Comptroller and, in the absence of corrective action
3by the General Assembly, the new benefit increase shall expire
4at the end of the fiscal year in which the certification is
5made.
6    (d) Every new benefit increase shall expire 5 years after
7its effective date or on such earlier date as may be specified
8in the language enacting the new benefit increase or provided
9under subsection (c). This does not prevent the General
10Assembly from extending or re-creating a new benefit increase
11by law.
12    (e) Except as otherwise provided in the language creating
13the new benefit increase, a new benefit increase that expires
14under this Section continues to apply to persons who applied
15and qualified for the affected benefit while the new benefit
16increase was in effect and to the affected beneficiaries and
17alternate payees of such persons, but does not apply to any
18other person, including without limitation a person who
19continues in service after the expiration date and did not
20apply and qualify for the affected benefit while the new
21benefit increase was in effect.
22(Source: P.A. 100-23, eff. 7-6-17.)
 
23    (40 ILCS 5/15-155)  (from Ch. 108 1/2, par. 15-155)
24    Sec. 15-155. Employer contributions.
25    (a) The State of Illinois shall make contributions by

 

 

10000HB3342sam003- 693 -LRB100 08528 JWD 41189 a

1appropriations of amounts which, together with the other
2employer contributions from trust, federal, and other funds,
3employee contributions, income from investments, and other
4income of this System, will be sufficient to meet the cost of
5maintaining and administering the System on a 90% funded basis
6in accordance with actuarial recommendations.
7    The Board shall determine the amount of State contributions
8required for each fiscal year on the basis of the actuarial
9tables and other assumptions adopted by the Board and the
10recommendations of the actuary, using the formula in subsection
11(a-1).
12    (a-1) For State fiscal years 2012 through 2045, the minimum
13contribution to the System to be made by the State for each
14fiscal year shall be an amount determined by the System to be
15sufficient to bring the total assets of the System up to 90% of
16the total actuarial liabilities of the System by the end of
17State fiscal year 2045. In making these determinations, the
18required State contribution shall be calculated each year as a
19level percentage of payroll over the years remaining to and
20including fiscal year 2045 and shall be determined under the
21projected unit credit actuarial cost method.
22    For each of State fiscal years 2018, 2019, and 2020, the
23State shall make an additional contribution to the System equal
24to 2% of the total payroll of each employee who is deemed to
25have elected the benefits under Section 1-161 or who has made
26the election under subsection (c) of Section 1-161.

 

 

10000HB3342sam003- 694 -LRB100 08528 JWD 41189 a

1    A change in an actuarial or investment assumption that
2increases or decreases the required State contribution and
3first applies in State fiscal year 2018 or thereafter shall be
4implemented in equal annual amounts over a 5-year period
5beginning in the State fiscal year in which the actuarial
6change first applies to the required State contribution.
7    A change in an actuarial or investment assumption that
8increases or decreases the required State contribution and
9first applied to the State contribution in fiscal year 2014,
102015, 2016, or 2017 shall be implemented:
11        (i) as already applied in State fiscal years before
12    2018; and
13        (ii) in the portion of the 5-year period beginning in
14    the State fiscal year in which the actuarial change first
15    applied that occurs in State fiscal year 2018 or
16    thereafter, by calculating the change in equal annual
17    amounts over that 5-year period and then implementing it at
18    the resulting annual rate in each of the remaining fiscal
19    years in that 5-year period.
20    For State fiscal years 1996 through 2005, the State
21contribution to the System, as a percentage of the applicable
22employee payroll, shall be increased in equal annual increments
23so that by State fiscal year 2011, the State is contributing at
24the rate required under this Section.
25    Notwithstanding any other provision of this Article, the
26total required State contribution for State fiscal year 2006 is

 

 

10000HB3342sam003- 695 -LRB100 08528 JWD 41189 a

1$166,641,900.
2    Notwithstanding any other provision of this Article, the
3total required State contribution for State fiscal year 2007 is
4$252,064,100.
5    For each of State fiscal years 2008 through 2009, the State
6contribution to the System, as a percentage of the applicable
7employee payroll, shall be increased in equal annual increments
8from the required State contribution for State fiscal year
92007, so that by State fiscal year 2011, the State is
10contributing at the rate otherwise required under this Section.
11    Notwithstanding any other provision of this Article, the
12total required State contribution for State fiscal year 2010 is
13$702,514,000 and shall be made from the State Pensions Fund and
14proceeds of bonds sold in fiscal year 2010 pursuant to Section
157.2 of the General Obligation Bond Act, less (i) the pro rata
16share of bond sale expenses determined by the System's share of
17total bond proceeds, (ii) any amounts received from the General
18Revenue Fund in fiscal year 2010, (iii) any reduction in bond
19proceeds due to the issuance of discounted bonds, if
20applicable.
21    Notwithstanding any other provision of this Article, the
22total required State contribution for State fiscal year 2011 is
23the amount recertified by the System on or before April 1, 2011
24pursuant to Section 15-165 and shall be made from the State
25Pensions Fund and proceeds of bonds sold in fiscal year 2011
26pursuant to Section 7.2 of the General Obligation Bond Act,

 

 

10000HB3342sam003- 696 -LRB100 08528 JWD 41189 a

1less (i) the pro rata share of bond sale expenses determined by
2the System's share of total bond proceeds, (ii) any amounts
3received from the General Revenue Fund in fiscal year 2011, and
4(iii) any reduction in bond proceeds due to the issuance of
5discounted bonds, if applicable.
6    Beginning in State fiscal year 2046, the minimum State
7contribution for each fiscal year shall be the amount needed to
8maintain the total assets of the System at 90% of the total
9actuarial liabilities of the System.
10    Amounts received by the System pursuant to Section 25 of
11the Budget Stabilization Act or Section 8.12 of the State
12Finance Act in any fiscal year do not reduce and do not
13constitute payment of any portion of the minimum State
14contribution required under this Article in that fiscal year.
15Such amounts shall not reduce, and shall not be included in the
16calculation of, the required State contributions under this
17Article in any future year until the System has reached a
18funding ratio of at least 90%. A reference in this Article to
19the "required State contribution" or any substantially similar
20term does not include or apply to any amounts payable to the
21System under Section 25 of the Budget Stabilization Act.
22    Notwithstanding any other provision of this Section, the
23required State contribution for State fiscal year 2005 and for
24fiscal year 2008 and each fiscal year thereafter, as calculated
25under this Section and certified under Section 15-165, shall
26not exceed an amount equal to (i) the amount of the required

 

 

10000HB3342sam003- 697 -LRB100 08528 JWD 41189 a

1State contribution that would have been calculated under this
2Section for that fiscal year if the System had not received any
3payments under subsection (d) of Section 7.2 of the General
4Obligation Bond Act, minus (ii) the portion of the State's
5total debt service payments for that fiscal year on the bonds
6issued in fiscal year 2003 for the purposes of that Section
77.2, as determined and certified by the Comptroller, that is
8the same as the System's portion of the total moneys
9distributed under subsection (d) of Section 7.2 of the General
10Obligation Bond Act. In determining this maximum for State
11fiscal years 2008 through 2010, however, the amount referred to
12in item (i) shall be increased, as a percentage of the
13applicable employee payroll, in equal increments calculated
14from the sum of the required State contribution for State
15fiscal year 2007 plus the applicable portion of the State's
16total debt service payments for fiscal year 2007 on the bonds
17issued in fiscal year 2003 for the purposes of Section 7.2 of
18the General Obligation Bond Act, so that, by State fiscal year
192011, the State is contributing at the rate otherwise required
20under this Section.
21    (a-2) Beginning in fiscal year 2018, each employer under
22this Article shall pay to the System a required contribution
23determined as a percentage of projected payroll and sufficient
24to produce an annual amount equal to:
25        (i) for each of fiscal years 2018, 2019, and 2020, the
26    defined benefit normal cost of the defined benefit plan,

 

 

10000HB3342sam003- 698 -LRB100 08528 JWD 41189 a

1    less the employee contribution, for each employee of that
2    employer who has elected or who is deemed to have elected
3    the benefits under Section 1-161 or who has made the
4    election under subsection (c) of Section 1-161; for fiscal
5    year 2021 and each fiscal year thereafter, the defined
6    benefit normal cost of the defined benefit plan, less the
7    employee contribution, plus 2%, for each employee of that
8    employer who has elected or who is deemed to have elected
9    the benefits under Section 1-161 or who has made the
10    election under subsection (c) of Section 1-161; plus
11        (ii) the amount required for that fiscal year to
12    amortize any unfunded actuarial accrued liability
13    associated with the present value of liabilities
14    attributable to the employer's account under Section
15    15-155.2, determined as a level percentage of payroll over
16    a 30-year rolling amortization period.
17    In determining contributions required under item (i) of
18this subsection, the System shall determine an aggregate rate
19for all employers, expressed as a percentage of projected
20payroll.
21    In determining the contributions required under item (ii)
22of this subsection, the amount shall be computed by the System
23on the basis of the actuarial assumptions and tables used in
24the most recent actuarial valuation of the System that is
25available at the time of the computation.
26    The contributions required under this subsection (a-2)

 

 

10000HB3342sam003- 699 -LRB100 08528 JWD 41189 a

1shall be paid by an employer concurrently with that employer's
2payroll payment period. The State, as the actual employer of an
3employee, shall make the required contributions under this
4subsection.
5    As used in this subsection, "academic year" means the
612-month period beginning September 1.
7    (b) If an employee is paid from trust or federal funds, the
8employer shall pay to the Board contributions from those funds
9which are sufficient to cover the accruing normal costs on
10behalf of the employee. However, universities having employees
11who are compensated out of local auxiliary funds, income funds,
12or service enterprise funds are not required to pay such
13contributions on behalf of those employees. The local auxiliary
14funds, income funds, and service enterprise funds of
15universities shall not be considered trust funds for the
16purpose of this Article, but funds of alumni associations,
17foundations, and athletic associations which are affiliated
18with the universities included as employers under this Article
19and other employers which do not receive State appropriations
20are considered to be trust funds for the purpose of this
21Article.
22    (b-1) The City of Urbana and the City of Champaign shall
23each make employer contributions to this System for their
24respective firefighter employees who participate in this
25System pursuant to subsection (h) of Section 15-107. The rate
26of contributions to be made by those municipalities shall be

 

 

10000HB3342sam003- 700 -LRB100 08528 JWD 41189 a

1determined annually by the Board on the basis of the actuarial
2assumptions adopted by the Board and the recommendations of the
3actuary, and shall be expressed as a percentage of salary for
4each such employee. The Board shall certify the rate to the
5affected municipalities as soon as may be practical. The
6employer contributions required under this subsection shall be
7remitted by the municipality to the System at the same time and
8in the same manner as employee contributions.
9    (c) Through State fiscal year 1995: The total employer
10contribution shall be apportioned among the various funds of
11the State and other employers, whether trust, federal, or other
12funds, in accordance with actuarial procedures approved by the
13Board. State of Illinois contributions for employers receiving
14State appropriations for personal services shall be payable
15from appropriations made to the employers or to the System. The
16contributions for Class I community colleges covering earnings
17other than those paid from trust and federal funds, shall be
18payable solely from appropriations to the Illinois Community
19College Board or the System for employer contributions.
20    (d) Beginning in State fiscal year 1996, the required State
21contributions to the System shall be appropriated directly to
22the System and shall be payable through vouchers issued in
23accordance with subsection (c) of Section 15-165, except as
24provided in subsection (g).
25    (e) The State Comptroller shall draw warrants payable to
26the System upon proper certification by the System or by the

 

 

10000HB3342sam003- 701 -LRB100 08528 JWD 41189 a

1employer in accordance with the appropriation laws and this
2Code.
3    (f) Normal costs under this Section means liability for
4pensions and other benefits which accrues to the System because
5of the credits earned for service rendered by the participants
6during the fiscal year and expenses of administering the
7System, but shall not include the principal of or any
8redemption premium or interest on any bonds issued by the Board
9or any expenses incurred or deposits required in connection
10therewith.
11    (g) For academic years beginning on or after June 1, 2005
12and before July 1, 2018 and for earnings paid to a participant
13under a contract or collective bargaining agreement entered
14into, amended, or renewed before the effective date of this
15amendatory Act of the 100th General Assembly, if If the amount
16of a participant's earnings for any academic year used to
17determine the final rate of earnings, determined on a full-time
18equivalent basis, exceeds the amount of his or her earnings
19with the same employer for the previous academic year,
20determined on a full-time equivalent basis, by more than 6%,
21the participant's employer shall pay to the System, in addition
22to all other payments required under this Section and in
23accordance with guidelines established by the System, the
24present value of the increase in benefits resulting from the
25portion of the increase in earnings that is in excess of 6%.
26This present value shall be computed by the System on the basis

 

 

10000HB3342sam003- 702 -LRB100 08528 JWD 41189 a

1of the actuarial assumptions and tables used in the most recent
2actuarial valuation of the System that is available at the time
3of the computation. The System may require the employer to
4provide any pertinent information or documentation.
5    Whenever it determines that a payment is or may be required
6under this subsection (g), the System shall calculate the
7amount of the payment and bill the employer for that amount.
8The bill shall specify the calculations used to determine the
9amount due. If the employer disputes the amount of the bill, it
10may, within 30 days after receipt of the bill, apply to the
11System in writing for a recalculation. The application must
12specify in detail the grounds of the dispute and, if the
13employer asserts that the calculation is subject to subsection
14(h) or (i) of this Section or that subsection (g-1) applies,
15must include an affidavit setting forth and attesting to all
16facts within the employer's knowledge that are pertinent to the
17applicability of that subsection subsection (h) or (i). Upon
18receiving a timely application for recalculation, the System
19shall review the application and, if appropriate, recalculate
20the amount due.
21    The employer contributions required under this subsection
22(g) may be paid in the form of a lump sum within 90 days after
23receipt of the bill. If the employer contributions are not paid
24within 90 days after receipt of the bill, then interest will be
25charged at a rate equal to the System's annual actuarially
26assumed rate of return on investment compounded annually from

 

 

10000HB3342sam003- 703 -LRB100 08528 JWD 41189 a

1the 91st day after receipt of the bill. Payments must be
2concluded within 3 years after the employer's receipt of the
3bill.
4    When assessing payment for any amount due under this
5subsection (g), the System shall include earnings, to the
6extent not established by a participant under Section 15-113.11
7or 15-113.12, that would have been paid to the participant had
8the participant not taken (i) periods of voluntary or
9involuntary furlough occurring on or after July 1, 2015 and on
10or before June 30, 2017 or (ii) periods of voluntary pay
11reduction in lieu of furlough occurring on or after July 1,
122015 and on or before June 30, 2017. Determining earnings that
13would have been paid to a participant had the participant not
14taken periods of voluntary or involuntary furlough or periods
15of voluntary pay reduction shall be the responsibility of the
16employer, and shall be reported in a manner prescribed by the
17System.
18    This subsection (g) does not apply to (1) Tier 2 hybrid
19plan members and (2) Tier 2 defined benefit members who first
20participate under this Article on or after the implementation
21date of the Optional Hybrid Plan.
22    (g-1) For academic years beginning on or after July 1, 2018
23and for earnings paid to a participant under a contract or
24collective bargaining agreement entered into, amended, or
25renewed on or after the effective date of this amendatory Act
26of the 100th General Assembly, if the amount of a participant's

 

 

10000HB3342sam003- 704 -LRB100 08528 JWD 41189 a

1earnings for any academic year used to determine the final rate
2of earnings, determined on a full-time equivalent basis,
3exceeds the amount of his or her earnings with the same
4employer for the previous academic year, determined on a
5full-time equivalent basis, by more than 3%, then the
6participant's employer shall pay to the System, in addition to
7all other payments required under this Section and in
8accordance with guidelines established by the System, the
9present value of the increase in benefits resulting from the
10portion of the increase in earnings that is in excess of 3%.
11This present value shall be computed by the System on the basis
12of the actuarial assumptions and tables used in the most recent
13actuarial valuation of the System that is available at the time
14of the computation. The System may require the employer to
15provide any pertinent information or documentation.
16    Whenever it determines that a payment is or may be required
17under this subsection (g-1), the System shall calculate the
18amount of the payment and bill the employer for that amount.
19The bill shall specify the calculations used to determine the
20amount due. If the employer disputes the amount of the bill, it
21may, within 30 days after receipt of the bill, apply to the
22System in writing for a recalculation. The application must
23specify in detail the grounds of the dispute and, if the
24employer asserts that subsection (g) of this Section applies,
25must include an affidavit setting forth and attesting to all
26facts within the employer's knowledge that are pertinent to the

 

 

10000HB3342sam003- 705 -LRB100 08528 JWD 41189 a

1applicability of subsection (g). Upon receiving a timely
2application for recalculation, the System shall review the
3application and, if appropriate, recalculate the amount due.
4    The employer contributions required under this subsection
5(g-1) may be paid in the form of a lump sum within 90 days after
6receipt of the bill. If the employer contributions are not paid
7within 90 days after receipt of the bill, then interest shall
8be charged at a rate equal to the System's annual actuarially
9assumed rate of return on investment compounded annually from
10the 91st day after receipt of the bill. Payments must be
11concluded within 3 years after the employer's receipt of the
12bill.
13    This subsection (g-1) does not apply to (1) Tier 2 hybrid
14plan members and (2) Tier 2 defined benefit members who first
15participate under this Article on or after the implementation
16date of the Optional Hybrid Plan.
17    (h) This subsection (h) applies only to payments made or
18salary increases given on or after June 1, 2005 but before July
191, 2011. The changes made by Public Act 94-1057 shall not
20require the System to refund any payments received before July
2131, 2006 (the effective date of Public Act 94-1057).
22    When assessing payment for any amount due under subsection
23(g), the System shall exclude earnings increases paid to
24participants under contracts or collective bargaining
25agreements entered into, amended, or renewed before June 1,
262005.

 

 

10000HB3342sam003- 706 -LRB100 08528 JWD 41189 a

1    When assessing payment for any amount due under subsection
2(g), the System shall exclude earnings increases paid to a
3participant at a time when the participant is 10 or more years
4from retirement eligibility under Section 15-135.
5    When assessing payment for any amount due under subsection
6(g), the System shall exclude earnings increases resulting from
7overload work, including a contract for summer teaching, or
8overtime when the employer has certified to the System, and the
9System has approved the certification, that: (i) in the case of
10overloads (A) the overload work is for the sole purpose of
11academic instruction in excess of the standard number of
12instruction hours for a full-time employee occurring during the
13academic year that the overload is paid and (B) the earnings
14increases are equal to or less than the rate of pay for
15academic instruction computed using the participant's current
16salary rate and work schedule; and (ii) in the case of
17overtime, the overtime was necessary for the educational
18mission.
19    When assessing payment for any amount due under subsection
20(g), the System shall exclude any earnings increase resulting
21from (i) a promotion for which the employee moves from one
22classification to a higher classification under the State
23Universities Civil Service System, (ii) a promotion in academic
24rank for a tenured or tenure-track faculty position, or (iii) a
25promotion that the Illinois Community College Board has
26recommended in accordance with subsection (k) of this Section.

 

 

10000HB3342sam003- 707 -LRB100 08528 JWD 41189 a

1These earnings increases shall be excluded only if the
2promotion is to a position that has existed and been filled by
3a member for no less than one complete academic year and the
4earnings increase as a result of the promotion is an increase
5that results in an amount no greater than the average salary
6paid for other similar positions.
7    (i) When assessing payment for any amount due under
8subsection (g), the System shall exclude any salary increase
9described in subsection (h) of this Section given on or after
10July 1, 2011 but before July 1, 2014 under a contract or
11collective bargaining agreement entered into, amended, or
12renewed on or after June 1, 2005 but before July 1, 2011.
13Notwithstanding any other provision of this Section, any
14payments made or salary increases given after June 30, 2014
15shall be used in assessing payment for any amount due under
16subsection (g) of this Section.
17    (j) The System shall prepare a report and file copies of
18the report with the Governor and the General Assembly by
19January 1, 2007 that contains all of the following information:
20        (1) The number of recalculations required by the
21    changes made to this Section by Public Act 94-1057 for each
22    employer.
23        (2) The dollar amount by which each employer's
24    contribution to the System was changed due to
25    recalculations required by Public Act 94-1057.
26        (3) The total amount the System received from each

 

 

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1    employer as a result of the changes made to this Section by
2    Public Act 94-4.
3        (4) The increase in the required State contribution
4    resulting from the changes made to this Section by Public
5    Act 94-1057.
6    (j-5) For academic years beginning on or after July 1,
72017, if the amount of a participant's earnings for any school
8year, determined on a full-time equivalent basis, exceeds the
9amount of the salary set for the Governor, the participant's
10employer shall pay to the System, in addition to all other
11payments required under this Section and in accordance with
12guidelines established by the System, an amount determined by
13the System to be equal to the employer normal cost, as
14established by the System and expressed as a total percentage
15of payroll, multiplied by the amount of earnings in excess of
16the amount of the salary set for the Governor. This amount
17shall be computed by the System on the basis of the actuarial
18assumptions and tables used in the most recent actuarial
19valuation of the System that is available at the time of the
20computation. The System may require the employer to provide any
21pertinent information or documentation.
22    Whenever it determines that a payment is or may be required
23under this subsection, the System shall calculate the amount of
24the payment and bill the employer for that amount. The bill
25shall specify the calculations used to determine the amount
26due. If the employer disputes the amount of the bill, it may,

 

 

10000HB3342sam003- 709 -LRB100 08528 JWD 41189 a

1within 30 days after receipt of the bill, apply to the System
2in writing for a recalculation. The application must specify in
3detail the grounds of the dispute. Upon receiving a timely
4application for recalculation, the System shall review the
5application and, if appropriate, recalculate the amount due.
6    The employer contributions required under this subsection
7may be paid in the form of a lump sum within 90 days after
8receipt of the bill. If the employer contributions are not paid
9within 90 days after receipt of the bill, then interest will be
10charged at a rate equal to the System's annual actuarially
11assumed rate of return on investment compounded annually from
12the 91st day after receipt of the bill. Payments must be
13concluded within 3 years after the employer's receipt of the
14bill.
15    (k) The Illinois Community College Board shall adopt rules
16for recommending lists of promotional positions submitted to
17the Board by community colleges and for reviewing the
18promotional lists on an annual basis. When recommending
19promotional lists, the Board shall consider the similarity of
20the positions submitted to those positions recognized for State
21universities by the State Universities Civil Service System.
22The Illinois Community College Board shall file a copy of its
23findings with the System. The System shall consider the
24findings of the Illinois Community College Board when making
25determinations under this Section. The System shall not exclude
26any earnings increases resulting from a promotion when the

 

 

10000HB3342sam003- 710 -LRB100 08528 JWD 41189 a

1promotion was not submitted by a community college. Nothing in
2this subsection (k) shall require any community college to
3submit any information to the Community College Board.
4    (l) For purposes of determining the required State
5contribution to the System, the value of the System's assets
6shall be equal to the actuarial value of the System's assets,
7which shall be calculated as follows:
8    As of June 30, 2008, the actuarial value of the System's
9assets shall be equal to the market value of the assets as of
10that date. In determining the actuarial value of the System's
11assets for fiscal years after June 30, 2008, any actuarial
12gains or losses from investment return incurred in a fiscal
13year shall be recognized in equal annual amounts over the
145-year period following that fiscal year.
15    (m) For purposes of determining the required State
16contribution to the system for a particular year, the actuarial
17value of assets shall be assumed to earn a rate of return equal
18to the system's actuarially assumed rate of return.
19(Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17.)
 
20    (40 ILCS 5/15-165)   (from Ch. 108 1/2, par. 15-165)
21    Sec. 15-165. To certify amounts and submit vouchers.
22    (a) The Board shall certify to the Governor on or before
23November 15 of each year until November 15, 2011 the
24appropriation required from State funds for the purposes of
25this System for the following fiscal year. The certification

 

 

10000HB3342sam003- 711 -LRB100 08528 JWD 41189 a

1under this subsection (a) shall include a copy of the actuarial
2recommendations upon which it is based and shall specifically
3identify the System's projected State normal cost for that
4fiscal year and the projected State cost for the self-managed
5plan for that fiscal year.
6    On or before May 1, 2004, the Board shall recalculate and
7recertify to the Governor the amount of the required State
8contribution to the System for State fiscal year 2005, taking
9into account the amounts appropriated to and received by the
10System under subsection (d) of Section 7.2 of the General
11Obligation Bond Act.
12    On or before July 1, 2005, the Board shall recalculate and
13recertify to the Governor the amount of the required State
14contribution to the System for State fiscal year 2006, taking
15into account the changes in required State contributions made
16by this amendatory Act of the 94th General Assembly.
17    On or before April 1, 2011, the Board shall recalculate and
18recertify to the Governor the amount of the required State
19contribution to the System for State fiscal year 2011, applying
20the changes made by Public Act 96-889 to the System's assets
21and liabilities as of June 30, 2009 as though Public Act 96-889
22was approved on that date.
23    (a-5) On or before November 1 of each year, beginning
24November 1, 2012, the Board shall submit to the State Actuary,
25the Governor, and the General Assembly a proposed certification
26of the amount of the required State contribution to the System

 

 

10000HB3342sam003- 712 -LRB100 08528 JWD 41189 a

1for the next fiscal year, along with all of the actuarial
2assumptions, calculations, and data upon which that proposed
3certification is based. On or before January 1 of each year,
4beginning January 1, 2013, the State Actuary shall issue a
5preliminary report concerning the proposed certification and
6identifying, if necessary, recommended changes in actuarial
7assumptions that the Board must consider before finalizing its
8certification of the required State contributions. On or before
9January 15, 2013 and each January 15 thereafter, the Board
10shall certify to the Governor and the General Assembly the
11amount of the required State contribution for the next fiscal
12year. The Board's certification must note, in a written
13response to the State Actuary, any deviations from the State
14Actuary's recommended changes, the reason or reasons for not
15following the State Actuary's recommended changes, and the
16fiscal impact of not following the State Actuary's recommended
17changes on the required State contribution.
18    (a-10) By November 1, 2017, the Board shall recalculate and
19recertify to the State Actuary, the Governor, and the General
20Assembly the amount of the State contribution to the System for
21State fiscal year 2018, taking into account the changes in
22required State contributions made by this amendatory Act of the
23100th General Assembly. The State Actuary shall review the
24assumptions and valuations underlying the Board's revised
25certification and issue a preliminary report concerning the
26proposed recertification and identifying, if necessary,

 

 

10000HB3342sam003- 713 -LRB100 08528 JWD 41189 a

1recommended changes in actuarial assumptions that the Board
2must consider before finalizing its certification of the
3required State contributions. The Board's final certification
4must note any deviations from the State Actuary's recommended
5changes, the reason or reasons for not following the State
6Actuary's recommended changes, and the fiscal impact of not
7following the State Actuary's recommended changes on the
8required State contribution.
9    (a-15) On or after June 15, 2019, but no later than June
1030, 2019, the Board shall recalculate and recertify to the
11Governor and the General Assembly the amount of the State
12contribution to the System for State fiscal year 2019, taking
13into account the changes in required State contributions made
14by this amendatory Act of the 100th General Assembly. The
15recalculation shall be made using assumptions adopted by the
16Board for the original fiscal year 2019 certification. The
17monthly voucher for the 12th month of fiscal year 2019 shall be
18paid by the Comptroller after the recertification required
19pursuant to this subsection is submitted to the Governor,
20Comptroller, and General Assembly. The recertification
21submitted to the General Assembly shall be filed with the Clerk
22of the House of Representatives and the Secretary of the Senate
23in electronic form only, in the manner that the Clerk and the
24Secretary shall direct.
25    (b) The Board shall certify to the State Comptroller or
26employer, as the case may be, from time to time, by its

 

 

10000HB3342sam003- 714 -LRB100 08528 JWD 41189 a

1chairperson and secretary, with its seal attached, the amounts
2payable to the System from the various funds.
3    (c) Beginning in State fiscal year 1996, on or as soon as
4possible after the 15th day of each month the Board shall
5submit vouchers for payment of State contributions to the
6System, in a total monthly amount of one-twelfth of the
7required annual State contribution certified under subsection
8(a). From the effective date of this amendatory Act of the 93rd
9General Assembly through June 30, 2004, the Board shall not
10submit vouchers for the remainder of fiscal year 2004 in excess
11of the fiscal year 2004 certified contribution amount
12determined under this Section after taking into consideration
13the transfer to the System under subsection (b) of Section
146z-61 of the State Finance Act. These vouchers shall be paid by
15the State Comptroller and Treasurer by warrants drawn on the
16funds appropriated to the System for that fiscal year.
17    If in any month the amount remaining unexpended from all
18other appropriations to the System for the applicable fiscal
19year (including the appropriations to the System under Section
208.12 of the State Finance Act and Section 1 of the State
21Pension Funds Continuing Appropriation Act) is less than the
22amount lawfully vouchered under this Section, the difference
23shall be paid from the General Revenue Fund under the
24continuing appropriation authority provided in Section 1.1 of
25the State Pension Funds Continuing Appropriation Act.
26    (d) So long as the payments received are the full amount

 

 

10000HB3342sam003- 715 -LRB100 08528 JWD 41189 a

1lawfully vouchered under this Section, payments received by the
2System under this Section shall be applied first toward the
3employer contribution to the self-managed plan established
4under Section 15-158.2. Payments shall be applied second toward
5the employer's portion of the normal costs of the System, as
6defined in subsection (f) of Section 15-155. The balance shall
7be applied toward the unfunded actuarial liabilities of the
8System.
9    (e) In the event that the System does not receive, as a
10result of legislative enactment or otherwise, payments
11sufficient to fully fund the employer contribution to the
12self-managed plan established under Section 15-158.2 and to
13fully fund that portion of the employer's portion of the normal
14costs of the System, as calculated in accordance with Section
1515-155(a-1), then any payments received shall be applied
16proportionately to the optional retirement program established
17under Section 15-158.2 and to the employer's portion of the
18normal costs of the System, as calculated in accordance with
19Section 15-155(a-1).
20(Source: P.A. 100-23, eff. 7-6-17.)
 
21    (40 ILCS 5/15-185.5 new)
22    Sec. 15-185.5. Accelerated pension benefit payment in lieu
23of any pension benefit.
24    (a) As used in this Section:
25    "Eligible person" means a person who:

 

 

10000HB3342sam003- 716 -LRB100 08528 JWD 41189 a

1        (1) has terminated service;
2        (2) has accrued sufficient service credit to be
3    eligible to receive a retirement annuity under this
4    Article;
5        (3) has not received any retirement annuity under this
6    Article;
7        (4) has not made the election under Section 15-185.6;
8    and
9        (5) is not a participant in the self-managed plan under
10    Section 15-158.2.
11    "Implementation date" means the earliest date upon which
12the Board authorizes eligible persons to begin irrevocably
13electing the accelerated pension benefit payment option under
14this Section. The Board shall endeavor to make such
15participation available as soon as possible after the effective
16date of this amendatory Act of the 100th General Assembly and
17shall establish an implementation date by Board resolution.
18    "Pension benefit" means the benefits under this Article, or
19Article 1 as it relates to those benefits, including any
20anticipated annual increases, that an eligible person is
21entitled to upon attainment of the applicable retirement age.
22"Pension benefit" also includes applicable survivors benefits,
23disability benefits, or disability retirement annuity
24benefits.
25    (b) Beginning on the implementation date, the System shall
26offer each eligible person the opportunity to irrevocably elect

 

 

10000HB3342sam003- 717 -LRB100 08528 JWD 41189 a

1to receive an amount determined by the System to be equal to
260% of the present value of his or her pension benefits in lieu
3of receiving any pension benefit. The System shall calculate,
4using actuarial tables and other assumptions adopted by the
5Board, the present value of pension benefits for each eligible
6person upon his or her request in writing to the System. The
7System shall not perform more than one calculation per eligible
8member in a State fiscal year. The offer shall specify the
9dollar amount that the eligible person will receive if he or
10she so elects and shall expire when a subsequent offer is made
11to an eligible person. The System shall make a good faith
12effort to contact every eligible person to notify him or her of
13the election.
14    Beginning on the implementation date and until June 30,
152021, an eligible person may irrevocably elect to receive an
16accelerated pension benefit payment in the amount that the
17System offers under this subsection in lieu of receiving any
18pension benefit. A person who elects to receive an accelerated
19pension benefit payment under this Section may not elect to
20proceed under the Retirement Systems Reciprocal Act with
21respect to service under this Article.
22    (c) Upon payment of an accelerated pension benefit payment
23under this Section, the person forfeits all accrued rights and
24credits in the System and no other benefit shall be paid under
25this Article based on those forfeited rights and credits,
26including any retirement, survivor, or other benefit; except

 

 

10000HB3342sam003- 718 -LRB100 08528 JWD 41189 a

1that to the extent that participation, benefits, or premiums
2under the State Employees Group Insurance Act of 1971 are based
3on the amount of service credit, the terminated service credit
4shall be used for that purpose.
5    (d) If a person who has received an accelerated pension
6benefit payment under this Section returns to participation
7under this Article, any benefits under the System earned as a
8result of that return to participation shall be based solely on
9the person's credits and creditable service arising from the
10return to participation. Upon return to participation, the
11person shall be considered a new employee subject to all the
12qualifying conditions for participation and eligibility for
13benefits applicable to new employees.
14    (d-5) The accelerated pension benefit payment may not be
15repaid to the System, and the forfeited rights and credits may
16not under any circumstances be reinstated.
17    (e) As a condition of receiving an accelerated pension
18benefit payment, the accelerated pension benefit payment must
19be deposited into a tax qualified retirement plan or account
20identified by the eligible person at the time of the election.
21The accelerated pension benefit payment under this Section may
22be subject to withholding or payment of applicable taxes, but
23to the extent permitted by federal law, a person who receives
24an accelerated pension benefit payment under this Section must
25direct the System to pay all of that payment as a rollover into
26another retirement plan or account qualified under the Internal

 

 

10000HB3342sam003- 719 -LRB100 08528 JWD 41189 a

1Revenue Code of 1986, as amended.
2    (f) The System shall submit vouchers to the State
3Comptroller for the payment of accelerated pension benefit
4payments under this Section. The State Comptroller shall pay
5the amounts of the vouchers from the State Pension Obligation
6Acceleration Bond Fund to the System, and the System shall
7deposit the amounts into the applicable tax qualified plans or
8accounts.
9    (g) The Board shall adopt any rules, including emergency
10rules, necessary to implement this Section.
11    (h) No provision of this Section shall be interpreted in a
12way that would cause the System to cease to be a qualified plan
13under the Internal Revenue Code of 1986.
 
14    (40 ILCS 5/15-185.6 new)
15    Sec. 15-185.6. Accelerated pension benefit payment for a
16reduction in an annual increase to a retirement annuity and an
17annuity benefit payable as a result of death.
18    (a) As used in this Section:
19    "Accelerated pension benefit payment" means a lump sum
20payment equal to 70% of the difference of: (i) the present
21value of the automatic annual increases to a Tier 1 member's
22retirement annuity, including any increases to any annuity
23benefit payable as a result of his or her death, using the
24formula applicable to the Tier 1 member; and (ii) the present
25value of the automatic annual increases to the Tier 1 member's

 

 

10000HB3342sam003- 720 -LRB100 08528 JWD 41189 a

1retirement annuity, including any increases to any annuity
2benefit payable as a result of his or her death, using the
3formula provided under subsection (b-5).
4    "Eligible person" means a person who:
5        (1) is a Tier 1 member;
6        (2) has submitted an application for a retirement
7    annuity under this Article;
8        (3) meets the age and service requirements for
9    receiving a retirement annuity under this Article;
10        (4) has not received any retirement annuity under this
11    Article;
12        (5) has not made the election under Section 15-185.5;
13    and
14        (6) is not a participant in the self-managed plan under
15    Section 15-158.2.
16    "Implementation date" means the earliest date upon which
17the Board authorizes eligible persons to begin irrevocably
18electing the accelerated pension benefit payment option under
19this Section. The Board shall endeavor to make such
20participation available as soon as possible after the effective
21date of this amendatory Act of the 100th General Assembly and
22shall establish an implementation date by Board resolution.
23    (b) Beginning on the implementation date and until June 30,
242021, the System shall implement an accelerated pension benefit
25payment option for eligible persons. The System shall
26calculate, using actuarial tables and other assumptions

 

 

10000HB3342sam003- 721 -LRB100 08528 JWD 41189 a

1adopted by the Board, an accelerated pension benefit payment
2amount for an eligible person upon his or her request in
3writing to the System and shall offer that eligible person the
4opportunity to irrevocably elect to have his or her automatic
5annual increases in retirement annuity and any annuity benefit
6payable as a result of his or her death calculated in
7accordance with the formula provided in subsection (b-5) in
8exchange for the accelerated pension benefit payment. The
9System shall not perform more than one calculation under this
10Section per eligible person in a State fiscal year. The
11election under this subsection must be made before any
12retirement annuity is paid to the eligible person, and the
13eligible survivor, spouse, or contingent annuitant, as
14applicable, must consent to the election under this subsection.
15    (b-5) Notwithstanding any other provision of law, the
16retirement annuity of a person who made the election under
17subsection (b) shall be increased annually beginning on the
18January 1 occurring either on or after the attainment of age 67
19or the first anniversary of the annuity start date, whichever
20is later, and any annuity benefit payable as a result of his or
21her death shall be increased annually beginning on: (1) the
22January 1 occurring on or after the commencement of the annuity
23if the deceased Tier 1 member died while receiving a retirement
24annuity; or (2) the January 1 occurring after the first
25anniversary of the commencement of the benefit. Each annual
26increase shall be calculated at 1.5% of the originally granted

 

 

10000HB3342sam003- 722 -LRB100 08528 JWD 41189 a

1retirement annuity or annuity benefit payable as a result of
2the Tier 1 member's death.
3    (c) If an annuitant who has received an accelerated pension
4benefit payment returns to participation under this Article,
5the calculation of any future automatic annual increase in
6retirement annuity under subsection (c) of Section 15-139 shall
7be calculated in accordance with the formula provided in
8subsection (b-5).
9    (c-5) The accelerated pension benefit payment may not be
10repaid to the System.
11    (d) As a condition of receiving an accelerated pension
12benefit payment, the accelerated pension benefit payment must
13be deposited into a tax qualified retirement plan or account
14identified by the eligible person at the time of election. The
15accelerated pension benefit payment under this Section may be
16subject to withholding or payment of applicable taxes, but to
17the extent permitted by federal law, a person who receives an
18accelerated pension benefit payment under this Section must
19direct the System to pay all of that payment as a rollover into
20another retirement plan or account qualified under the Internal
21Revenue Code of 1986, as amended.
22    (d-5) The System shall submit vouchers to the State
23Comptroller for the payment of accelerated pension benefit
24payments under this Section. The State Comptroller shall pay
25the amounts of the vouchers from the State Pension Obligation
26Acceleration Bond Fund to the System, and the System shall

 

 

10000HB3342sam003- 723 -LRB100 08528 JWD 41189 a

1deposit the amounts into the applicable tax qualified plans or
2accounts.
3    (e) The Board shall adopt any rules, including emergency
4rules, necessary to implement this Section.
5    (f) No provision of this Section shall be interpreted in a
6way that would cause the System to cease to be a qualified plan
7under the Internal Revenue Code of 1986.
 
8    (40 ILCS 5/15-198)
9    Sec. 15-198. Application and expiration of new benefit
10increases.
11    (a) As used in this Section, "new benefit increase" means
12an increase in the amount of any benefit provided under this
13Article, or an expansion of the conditions of eligibility for
14any benefit under this Article, that results from an amendment
15to this Code that takes effect after the effective date of this
16amendatory Act of the 94th General Assembly. "New benefit
17increase", however, does not include any benefit increase
18resulting from the changes made to Article 1 or this Article by
19Public Act 100-23 or this amendatory Act of the 100th General
20Assembly this amendatory Act of the 100th General Assembly.
21    (b) Notwithstanding any other provision of this Code or any
22subsequent amendment to this Code, every new benefit increase
23is subject to this Section and shall be deemed to be granted
24only in conformance with and contingent upon compliance with
25the provisions of this Section.

 

 

10000HB3342sam003- 724 -LRB100 08528 JWD 41189 a

1    (c) The Public Act enacting a new benefit increase must
2identify and provide for payment to the System of additional
3funding at least sufficient to fund the resulting annual
4increase in cost to the System as it accrues.
5    Every new benefit increase is contingent upon the General
6Assembly providing the additional funding required under this
7subsection. The Commission on Government Forecasting and
8Accountability shall analyze whether adequate additional
9funding has been provided for the new benefit increase and
10shall report its analysis to the Public Pension Division of the
11Department of Insurance. A new benefit increase created by a
12Public Act that does not include the additional funding
13required under this subsection is null and void. If the Public
14Pension Division determines that the additional funding
15provided for a new benefit increase under this subsection is or
16has become inadequate, it may so certify to the Governor and
17the State Comptroller and, in the absence of corrective action
18by the General Assembly, the new benefit increase shall expire
19at the end of the fiscal year in which the certification is
20made.
21    (d) Every new benefit increase shall expire 5 years after
22its effective date or on such earlier date as may be specified
23in the language enacting the new benefit increase or provided
24under subsection (c). This does not prevent the General
25Assembly from extending or re-creating a new benefit increase
26by law.

 

 

10000HB3342sam003- 725 -LRB100 08528 JWD 41189 a

1    (e) Except as otherwise provided in the language creating
2the new benefit increase, a new benefit increase that expires
3under this Section continues to apply to persons who applied
4and qualified for the affected benefit while the new benefit
5increase was in effect and to the affected beneficiaries and
6alternate payees of such persons, but does not apply to any
7other person, including without limitation a person who
8continues in service after the expiration date and did not
9apply and qualify for the affected benefit while the new
10benefit increase was in effect.
11(Source: P.A. 100-23, eff. 7-6-17.)
 
12    (40 ILCS 5/16-106.41 new)
13    Sec. 16-106.41. Tier 1 member. "Tier 1 member": A member
14under this Article who first became a member or participant
15before January 1, 2011 under any reciprocal retirement system
16or pension fund established under this Code other than a
17retirement system or pension fund established under Article 2,
183, 4, 5, 6, or 18 of this Code.
 
19    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
20    Sec. 16-158. Contributions by State and other employing
21units.
22    (a) The State shall make contributions to the System by
23means of appropriations from the Common School Fund and other
24State funds of amounts which, together with other employer

 

 

10000HB3342sam003- 726 -LRB100 08528 JWD 41189 a

1contributions, employee contributions, investment income, and
2other income, will be sufficient to meet the cost of
3maintaining and administering the System on a 90% funded basis
4in accordance with actuarial recommendations.
5    The Board shall determine the amount of State contributions
6required for each fiscal year on the basis of the actuarial
7tables and other assumptions adopted by the Board and the
8recommendations of the actuary, using the formula in subsection
9(b-3).
10    (a-1) Annually, on or before November 15 until November 15,
112011, the Board shall certify to the Governor the amount of the
12required State contribution for the coming fiscal year. The
13certification under this subsection (a-1) shall include a copy
14of the actuarial recommendations upon which it is based and
15shall specifically identify the System's projected State
16normal cost for that fiscal year.
17    On or before May 1, 2004, the Board shall recalculate and
18recertify to the Governor the amount of the required State
19contribution to the System for State fiscal year 2005, taking
20into account the amounts appropriated to and received by the
21System under subsection (d) of Section 7.2 of the General
22Obligation Bond Act.
23    On or before July 1, 2005, the Board shall recalculate and
24recertify to the Governor the amount of the required State
25contribution to the System for State fiscal year 2006, taking
26into account the changes in required State contributions made

 

 

10000HB3342sam003- 727 -LRB100 08528 JWD 41189 a

1by Public Act 94-4 this amendatory Act of the 94th General
2Assembly.
3    On or before April 1, 2011, the Board shall recalculate and
4recertify to the Governor the amount of the required State
5contribution to the System for State fiscal year 2011, applying
6the changes made by Public Act 96-889 to the System's assets
7and liabilities as of June 30, 2009 as though Public Act 96-889
8was approved on that date.
9    (a-5) On or before November 1 of each year, beginning
10November 1, 2012, the Board shall submit to the State Actuary,
11the Governor, and the General Assembly a proposed certification
12of the amount of the required State contribution to the System
13for the next fiscal year, along with all of the actuarial
14assumptions, calculations, and data upon which that proposed
15certification is based. On or before January 1 of each year,
16beginning January 1, 2013, the State Actuary shall issue a
17preliminary report concerning the proposed certification and
18identifying, if necessary, recommended changes in actuarial
19assumptions that the Board must consider before finalizing its
20certification of the required State contributions. On or before
21January 15, 2013 and each January 15 thereafter, the Board
22shall certify to the Governor and the General Assembly the
23amount of the required State contribution for the next fiscal
24year. The Board's certification must note any deviations from
25the State Actuary's recommended changes, the reason or reasons
26for not following the State Actuary's recommended changes, and

 

 

10000HB3342sam003- 728 -LRB100 08528 JWD 41189 a

1the fiscal impact of not following the State Actuary's
2recommended changes on the required State contribution.
3    (a-10) By November 1, 2017, the Board shall recalculate and
4recertify to the State Actuary, the Governor, and the General
5Assembly the amount of the State contribution to the System for
6State fiscal year 2018, taking into account the changes in
7required State contributions made by Public Act 100-23 this
8amendatory Act of the 100th General Assembly. The State Actuary
9shall review the assumptions and valuations underlying the
10Board's revised certification and issue a preliminary report
11concerning the proposed recertification and identifying, if
12necessary, recommended changes in actuarial assumptions that
13the Board must consider before finalizing its certification of
14the required State contributions. The Board's final
15certification must note any deviations from the State Actuary's
16recommended changes, the reason or reasons for not following
17the State Actuary's recommended changes, and the fiscal impact
18of not following the State Actuary's recommended changes on the
19required State contribution.
20    (a-15) On or after June 15, 2019, but no later than June
2130, 2019, the Board shall recalculate and recertify to the
22Governor and the General Assembly the amount of the State
23contribution to the System for State fiscal year 2019, taking
24into account the changes in required State contributions made
25by this amendatory Act of the 100th General Assembly. The
26recalculation shall be made using assumptions adopted by the

 

 

10000HB3342sam003- 729 -LRB100 08528 JWD 41189 a

1Board for the original fiscal year 2019 certification. The
2monthly voucher for the 12th month of fiscal year 2019 shall be
3paid by the Comptroller after the recertification required
4pursuant to this subsection is submitted to the Governor,
5Comptroller, and General Assembly. The recertification
6submitted to the General Assembly shall be filed with the Clerk
7of the House of Representatives and the Secretary of the Senate
8in electronic form only, in the manner that the Clerk and the
9Secretary shall direct.
10    (b) Through State fiscal year 1995, the State contributions
11shall be paid to the System in accordance with Section 18-7 of
12the School Code.
13    (b-1) Beginning in State fiscal year 1996, on the 15th day
14of each month, or as soon thereafter as may be practicable, the
15Board shall submit vouchers for payment of State contributions
16to the System, in a total monthly amount of one-twelfth of the
17required annual State contribution certified under subsection
18(a-1). From March 5, 2004 (the effective date of Public Act
1993-665) this amendatory Act of the 93rd General Assembly
20through June 30, 2004, the Board shall not submit vouchers for
21the remainder of fiscal year 2004 in excess of the fiscal year
222004 certified contribution amount determined under this
23Section after taking into consideration the transfer to the
24System under subsection (a) of Section 6z-61 of the State
25Finance Act. These vouchers shall be paid by the State
26Comptroller and Treasurer by warrants drawn on the funds

 

 

10000HB3342sam003- 730 -LRB100 08528 JWD 41189 a

1appropriated to the System for that fiscal year.
2    If in any month the amount remaining unexpended from all
3other appropriations to the System for the applicable fiscal
4year (including the appropriations to the System under Section
58.12 of the State Finance Act and Section 1 of the State
6Pension Funds Continuing Appropriation Act) is less than the
7amount lawfully vouchered under this subsection, the
8difference shall be paid from the Common School Fund under the
9continuing appropriation authority provided in Section 1.1 of
10the State Pension Funds Continuing Appropriation Act.
11    (b-2) Allocations from the Common School Fund apportioned
12to school districts not coming under this System shall not be
13diminished or affected by the provisions of this Article.
14    (b-3) For State fiscal years 2012 through 2045, the minimum
15contribution to the System to be made by the State for each
16fiscal year shall be an amount determined by the System to be
17sufficient to bring the total assets of the System up to 90% of
18the total actuarial liabilities of the System by the end of
19State fiscal year 2045. In making these determinations, the
20required State contribution shall be calculated each year as a
21level percentage of payroll over the years remaining to and
22including fiscal year 2045 and shall be determined under the
23projected unit credit actuarial cost method.
24    For each of State fiscal years 2018, 2019, and 2020, the
25State shall make an additional contribution to the System equal
26to 2% of the total payroll of each employee who is deemed to

 

 

10000HB3342sam003- 731 -LRB100 08528 JWD 41189 a

1have elected the benefits under Section 1-161 or who has made
2the election under subsection (c) of Section 1-161.
3    A change in an actuarial or investment assumption that
4increases or decreases the required State contribution and
5first applies in State fiscal year 2018 or thereafter shall be
6implemented in equal annual amounts over a 5-year period
7beginning in the State fiscal year in which the actuarial
8change first applies to the required State contribution.
9    A change in an actuarial or investment assumption that
10increases or decreases the required State contribution and
11first applied to the State contribution in fiscal year 2014,
122015, 2016, or 2017 shall be implemented:
13        (i) as already applied in State fiscal years before
14    2018; and
15        (ii) in the portion of the 5-year period beginning in
16    the State fiscal year in which the actuarial change first
17    applied that occurs in State fiscal year 2018 or
18    thereafter, by calculating the change in equal annual
19    amounts over that 5-year period and then implementing it at
20    the resulting annual rate in each of the remaining fiscal
21    years in that 5-year period.
22    For State fiscal years 1996 through 2005, the State
23contribution to the System, as a percentage of the applicable
24employee payroll, shall be increased in equal annual increments
25so that by State fiscal year 2011, the State is contributing at
26the rate required under this Section; except that in the

 

 

10000HB3342sam003- 732 -LRB100 08528 JWD 41189 a

1following specified State fiscal years, the State contribution
2to the System shall not be less than the following indicated
3percentages of the applicable employee payroll, even if the
4indicated percentage will produce a State contribution in
5excess of the amount otherwise required under this subsection
6and subsection (a), and notwithstanding any contrary
7certification made under subsection (a-1) before May 27, 1998
8(the effective date of Public Act 90-582) this amendatory Act
9of 1998: 10.02% in FY 1999; 10.77% in FY 2000; 11.47% in FY
102001; 12.16% in FY 2002; 12.86% in FY 2003; and 13.56% in FY
112004.
12    Notwithstanding any other provision of this Article, the
13total required State contribution for State fiscal year 2006 is
14$534,627,700.
15    Notwithstanding any other provision of this Article, the
16total required State contribution for State fiscal year 2007 is
17$738,014,500.
18    For each of State fiscal years 2008 through 2009, the State
19contribution to the System, as a percentage of the applicable
20employee payroll, shall be increased in equal annual increments
21from the required State contribution for State fiscal year
222007, so that by State fiscal year 2011, the State is
23contributing at the rate otherwise required under this Section.
24    Notwithstanding any other provision of this Article, the
25total required State contribution for State fiscal year 2010 is
26$2,089,268,000 and shall be made from the proceeds of bonds

 

 

10000HB3342sam003- 733 -LRB100 08528 JWD 41189 a

1sold in fiscal year 2010 pursuant to Section 7.2 of the General
2Obligation Bond Act, less (i) the pro rata share of bond sale
3expenses determined by the System's share of total bond
4proceeds, (ii) any amounts received from the Common School Fund
5in fiscal year 2010, and (iii) any reduction in bond proceeds
6due to the issuance of discounted bonds, if applicable.
7    Notwithstanding any other provision of this Article, the
8total required State contribution for State fiscal year 2011 is
9the amount recertified by the System on or before April 1, 2011
10pursuant to subsection (a-1) of this Section and shall be made
11from the proceeds of bonds sold in fiscal year 2011 pursuant to
12Section 7.2 of the General Obligation Bond Act, less (i) the
13pro rata share of bond sale expenses determined by the System's
14share of total bond proceeds, (ii) any amounts received from
15the Common School Fund in fiscal year 2011, and (iii) any
16reduction in bond proceeds due to the issuance of discounted
17bonds, if applicable. This amount shall include, in addition to
18the amount certified by the System, an amount necessary to meet
19employer contributions required by the State as an employer
20under paragraph (e) of this Section, which may also be used by
21the System for contributions required by paragraph (a) of
22Section 16-127.
23    Beginning in State fiscal year 2046, the minimum State
24contribution for each fiscal year shall be the amount needed to
25maintain the total assets of the System at 90% of the total
26actuarial liabilities of the System.

 

 

10000HB3342sam003- 734 -LRB100 08528 JWD 41189 a

1    Amounts received by the System pursuant to Section 25 of
2the Budget Stabilization Act or Section 8.12 of the State
3Finance Act in any fiscal year do not reduce and do not
4constitute payment of any portion of the minimum State
5contribution required under this Article in that fiscal year.
6Such amounts shall not reduce, and shall not be included in the
7calculation of, the required State contributions under this
8Article in any future year until the System has reached a
9funding ratio of at least 90%. A reference in this Article to
10the "required State contribution" or any substantially similar
11term does not include or apply to any amounts payable to the
12System under Section 25 of the Budget Stabilization Act.
13    Notwithstanding any other provision of this Section, the
14required State contribution for State fiscal year 2005 and for
15fiscal year 2008 and each fiscal year thereafter, as calculated
16under this Section and certified under subsection (a-1), shall
17not exceed an amount equal to (i) the amount of the required
18State contribution that would have been calculated under this
19Section for that fiscal year if the System had not received any
20payments under subsection (d) of Section 7.2 of the General
21Obligation Bond Act, minus (ii) the portion of the State's
22total debt service payments for that fiscal year on the bonds
23issued in fiscal year 2003 for the purposes of that Section
247.2, as determined and certified by the Comptroller, that is
25the same as the System's portion of the total moneys
26distributed under subsection (d) of Section 7.2 of the General

 

 

10000HB3342sam003- 735 -LRB100 08528 JWD 41189 a

1Obligation Bond Act. In determining this maximum for State
2fiscal years 2008 through 2010, however, the amount referred to
3in item (i) shall be increased, as a percentage of the
4applicable employee payroll, in equal increments calculated
5from the sum of the required State contribution for State
6fiscal year 2007 plus the applicable portion of the State's
7total debt service payments for fiscal year 2007 on the bonds
8issued in fiscal year 2003 for the purposes of Section 7.2 of
9the General Obligation Bond Act, so that, by State fiscal year
102011, the State is contributing at the rate otherwise required
11under this Section.
12    (b-4) Beginning in fiscal year 2018, each employer under
13this Article shall pay to the System a required contribution
14determined as a percentage of projected payroll and sufficient
15to produce an annual amount equal to:
16        (i) for each of fiscal years 2018, 2019, and 2020, the
17    defined benefit normal cost of the defined benefit plan,
18    less the employee contribution, for each employee of that
19    employer who has elected or who is deemed to have elected
20    the benefits under Section 1-161 or who has made the
21    election under subsection (b) of Section 1-161; for fiscal
22    year 2021 and each fiscal year thereafter, the defined
23    benefit normal cost of the defined benefit plan, less the
24    employee contribution, plus 2%, for each employee of that
25    employer who has elected or who is deemed to have elected
26    the benefits under Section 1-161 or who has made the

 

 

10000HB3342sam003- 736 -LRB100 08528 JWD 41189 a

1    election under subsection (b) of Section 1-161; plus
2        (ii) the amount required for that fiscal year to
3    amortize any unfunded actuarial accrued liability
4    associated with the present value of liabilities
5    attributable to the employer's account under Section
6    16-158.3, determined as a level percentage of payroll over
7    a 30-year rolling amortization period.
8    In determining contributions required under item (i) of
9this subsection, the System shall determine an aggregate rate
10for all employers, expressed as a percentage of projected
11payroll.
12    In determining the contributions required under item (ii)
13of this subsection, the amount shall be computed by the System
14on the basis of the actuarial assumptions and tables used in
15the most recent actuarial valuation of the System that is
16available at the time of the computation.
17    The contributions required under this subsection (b-4)
18shall be paid by an employer concurrently with that employer's
19payroll payment period. The State, as the actual employer of an
20employee, shall make the required contributions under this
21subsection.
22    (c) Payment of the required State contributions and of all
23pensions, retirement annuities, death benefits, refunds, and
24other benefits granted under or assumed by this System, and all
25expenses in connection with the administration and operation
26thereof, are obligations of the State.

 

 

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1    If members are paid from special trust or federal funds
2which are administered by the employing unit, whether school
3district or other unit, the employing unit shall pay to the
4System from such funds the full accruing retirement costs based
5upon that service, which, beginning July 1, 2017, shall be at a
6rate, expressed as a percentage of salary, equal to the total
7employer's normal cost, expressed as a percentage of payroll,
8as determined by the System. Employer contributions, based on
9salary paid to members from federal funds, may be forwarded by
10the distributing agency of the State of Illinois to the System
11prior to allocation, in an amount determined in accordance with
12guidelines established by such agency and the System. Any
13contribution for fiscal year 2015 collected as a result of the
14change made by Public Act 98-674 this amendatory Act of the
1598th General Assembly shall be considered a State contribution
16under subsection (b-3) of this Section.
17    (d) Effective July 1, 1986, any employer of a teacher as
18defined in paragraph (8) of Section 16-106 shall pay the
19employer's normal cost of benefits based upon the teacher's
20service, in addition to employee contributions, as determined
21by the System. Such employer contributions shall be forwarded
22monthly in accordance with guidelines established by the
23System.
24    However, with respect to benefits granted under Section
2516-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
26of Section 16-106, the employer's contribution shall be 12%

 

 

10000HB3342sam003- 738 -LRB100 08528 JWD 41189 a

1(rather than 20%) of the member's highest annual salary rate
2for each year of creditable service granted, and the employer
3shall also pay the required employee contribution on behalf of
4the teacher. For the purposes of Sections 16-133.4 and
516-133.5, a teacher as defined in paragraph (8) of Section
616-106 who is serving in that capacity while on leave of
7absence from another employer under this Article shall not be
8considered an employee of the employer from which the teacher
9is on leave.
10    (e) Beginning July 1, 1998, every employer of a teacher
11shall pay to the System an employer contribution computed as
12follows:
13        (1) Beginning July 1, 1998 through June 30, 1999, the
14    employer contribution shall be equal to 0.3% of each
15    teacher's salary.
16        (2) Beginning July 1, 1999 and thereafter, the employer
17    contribution shall be equal to 0.58% of each teacher's
18    salary.
19The school district or other employing unit may pay these
20employer contributions out of any source of funding available
21for that purpose and shall forward the contributions to the
22System on the schedule established for the payment of member
23contributions.
24    These employer contributions are intended to offset a
25portion of the cost to the System of the increases in
26retirement benefits resulting from Public Act 90-582 this

 

 

10000HB3342sam003- 739 -LRB100 08528 JWD 41189 a

1amendatory Act of 1998.
2    Each employer of teachers is entitled to a credit against
3the contributions required under this subsection (e) with
4respect to salaries paid to teachers for the period January 1,
52002 through June 30, 2003, equal to the amount paid by that
6employer under subsection (a-5) of Section 6.6 of the State
7Employees Group Insurance Act of 1971 with respect to salaries
8paid to teachers for that period.
9    The additional 1% employee contribution required under
10Section 16-152 by Public Act 90-582 this amendatory Act of 1998
11is the responsibility of the teacher and not the teacher's
12employer, unless the employer agrees, through collective
13bargaining or otherwise, to make the contribution on behalf of
14the teacher.
15    If an employer is required by a contract in effect on May
161, 1998 between the employer and an employee organization to
17pay, on behalf of all its full-time employees covered by this
18Article, all mandatory employee contributions required under
19this Article, then the employer shall be excused from paying
20the employer contribution required under this subsection (e)
21for the balance of the term of that contract. The employer and
22the employee organization shall jointly certify to the System
23the existence of the contractual requirement, in such form as
24the System may prescribe. This exclusion shall cease upon the
25termination, extension, or renewal of the contract at any time
26after May 1, 1998.

 

 

10000HB3342sam003- 740 -LRB100 08528 JWD 41189 a

1    (f) For school years beginning on or after June 1, 2005 and
2before July 1, 2018 and for salary paid to a teacher under a
3contract or collective bargaining agreement entered into,
4amended, or renewed before the effective date of this
5amendatory Act of the 100th General Assembly, if If the amount
6of a teacher's salary for any school year used to determine
7final average salary exceeds the member's annual full-time
8salary rate with the same employer for the previous school year
9by more than 6%, the teacher's employer shall pay to the
10System, in addition to all other payments required under this
11Section and in accordance with guidelines established by the
12System, the present value of the increase in benefits resulting
13from the portion of the increase in salary that is in excess of
146%. This present value shall be computed by the System on the
15basis of the actuarial assumptions and tables used in the most
16recent actuarial valuation of the System that is available at
17the time of the computation. If a teacher's salary for the
182005-2006 school year is used to determine final average salary
19under this subsection (f), then the changes made to this
20subsection (f) by Public Act 94-1057 shall apply in calculating
21whether the increase in his or her salary is in excess of 6%.
22For the purposes of this Section, change in employment under
23Section 10-21.12 of the School Code on or after June 1, 2005
24shall constitute a change in employer. The System may require
25the employer to provide any pertinent information or
26documentation. The changes made to this subsection (f) by

 

 

10000HB3342sam003- 741 -LRB100 08528 JWD 41189 a

1Public Act 94-1111 this amendatory Act of the 94th General
2Assembly apply without regard to whether the teacher was in
3service on or after its effective date.
4    Whenever it determines that a payment is or may be required
5under this subsection, the System shall calculate the amount of
6the payment and bill the employer for that amount. The bill
7shall specify the calculations used to determine the amount
8due. If the employer disputes the amount of the bill, it may,
9within 30 days after receipt of the bill, apply to the System
10in writing for a recalculation. The application must specify in
11detail the grounds of the dispute and, if the employer asserts
12that the calculation is subject to subsection (g) or (h) of
13this Section or that subsection (f-1) of this Section applies,
14must include an affidavit setting forth and attesting to all
15facts within the employer's knowledge that are pertinent to the
16applicability of that subsection. Upon receiving a timely
17application for recalculation, the System shall review the
18application and, if appropriate, recalculate the amount due.
19    The employer contributions required under this subsection
20(f) may be paid in the form of a lump sum within 90 days after
21receipt of the bill. If the employer contributions are not paid
22within 90 days after receipt of the bill, then interest will be
23charged at a rate equal to the System's annual actuarially
24assumed rate of return on investment compounded annually from
25the 91st day after receipt of the bill. Payments must be
26concluded within 3 years after the employer's receipt of the

 

 

10000HB3342sam003- 742 -LRB100 08528 JWD 41189 a

1bill.
2    (f-1) For school years beginning on or after July 1, 2018
3and for salary paid to a teacher under a contract or collective
4bargaining agreement entered into, amended, or renewed on or
5after the effective date of this amendatory Act of the 100th
6General Assembly, if the amount of a teacher's salary for any
7school year used to determine final average salary exceeds the
8member's annual full-time salary rate with the same employer
9for the previous school year by more than 3%, then the
10teacher's employer shall pay to the System, in addition to all
11other payments required under this Section and in accordance
12with guidelines established by the System, the present value of
13the increase in benefits resulting from the portion of the
14increase in salary that is in excess of 3%. This present value
15shall be computed by the System on the basis of the actuarial
16assumptions and tables used in the most recent actuarial
17valuation of the System that is available at the time of the
18computation. The System may require the employer to provide any
19pertinent information or documentation.
20    Whenever it determines that a payment is or may be required
21under this subsection (f-1), the System shall calculate the
22amount of the payment and bill the employer for that amount.
23The bill shall specify the calculations used to determine the
24amount due. If the employer disputes the amount of the bill, it
25shall, within 30 days after receipt of the bill, apply to the
26System in writing for a recalculation. The application must

 

 

10000HB3342sam003- 743 -LRB100 08528 JWD 41189 a

1specify in detail the grounds of the dispute and, if the
2employer asserts that subsection (f) of this Section applies,
3must include an affidavit setting forth and attesting to all
4facts within the employer's knowledge that are pertinent to the
5applicability of subsection (f). Upon receiving a timely
6application for recalculation, the System shall review the
7application and, if appropriate, recalculate the amount due.
8    The employer contributions required under this subsection
9(f-1) may be paid in the form of a lump sum within 90 days after
10receipt of the bill. If the employer contributions are not paid
11within 90 days after receipt of the bill, then interest shall
12be charged at a rate equal to the System's annual actuarially
13assumed rate of return on investment compounded annually from
14the 91st day after receipt of the bill. Payments must be
15concluded within 3 years after the employer's receipt of the
16bill.
17    (g) This subsection (g) applies only to payments made or
18salary increases given on or after June 1, 2005 but before July
191, 2011. The changes made by Public Act 94-1057 shall not
20require the System to refund any payments received before July
2131, 2006 (the effective date of Public Act 94-1057).
22    When assessing payment for any amount due under subsection
23(f), the System shall exclude salary increases paid to teachers
24under contracts or collective bargaining agreements entered
25into, amended, or renewed before June 1, 2005.
26    When assessing payment for any amount due under subsection

 

 

10000HB3342sam003- 744 -LRB100 08528 JWD 41189 a

1(f), the System shall exclude salary increases paid to a
2teacher at a time when the teacher is 10 or more years from
3retirement eligibility under Section 16-132 or 16-133.2.
4    When assessing payment for any amount due under subsection
5(f), the System shall exclude salary increases resulting from
6overload work, including summer school, when the school
7district has certified to the System, and the System has
8approved the certification, that (i) the overload work is for
9the sole purpose of classroom instruction in excess of the
10standard number of classes for a full-time teacher in a school
11district during a school year and (ii) the salary increases are
12equal to or less than the rate of pay for classroom instruction
13computed on the teacher's current salary and work schedule.
14    When assessing payment for any amount due under subsection
15(f), the System shall exclude a salary increase resulting from
16a promotion (i) for which the employee is required to hold a
17certificate or supervisory endorsement issued by the State
18Teacher Certification Board that is a different certification
19or supervisory endorsement than is required for the teacher's
20previous position and (ii) to a position that has existed and
21been filled by a member for no less than one complete academic
22year and the salary increase from the promotion is an increase
23that results in an amount no greater than the lesser of the
24average salary paid for other similar positions in the district
25requiring the same certification or the amount stipulated in
26the collective bargaining agreement for a similar position

 

 

10000HB3342sam003- 745 -LRB100 08528 JWD 41189 a

1requiring the same certification.
2    When assessing payment for any amount due under subsection
3(f), the System shall exclude any payment to the teacher from
4the State of Illinois or the State Board of Education over
5which the employer does not have discretion, notwithstanding
6that the payment is included in the computation of final
7average salary.
8    (h) When assessing payment for any amount due under
9subsection (f), the System shall exclude any salary increase
10described in subsection (g) of this Section given on or after
11July 1, 2011 but before July 1, 2014 under a contract or
12collective bargaining agreement entered into, amended, or
13renewed on or after June 1, 2005 but before July 1, 2011.
14Notwithstanding any other provision of this Section, any
15payments made or salary increases given after June 30, 2014
16shall be used in assessing payment for any amount due under
17subsection (f) of this Section.
18    (i) The System shall prepare a report and file copies of
19the report with the Governor and the General Assembly by
20January 1, 2007 that contains all of the following information:
21        (1) The number of recalculations required by the
22    changes made to this Section by Public Act 94-1057 for each
23    employer.
24        (2) The dollar amount by which each employer's
25    contribution to the System was changed due to
26    recalculations required by Public Act 94-1057.

 

 

10000HB3342sam003- 746 -LRB100 08528 JWD 41189 a

1        (3) The total amount the System received from each
2    employer as a result of the changes made to this Section by
3    Public Act 94-4.
4        (4) The increase in the required State contribution
5    resulting from the changes made to this Section by Public
6    Act 94-1057.
7    (i-5) For school years beginning on or after July 1, 2017,
8if the amount of a participant's salary for any school year,
9determined on a full-time equivalent basis, exceeds the amount
10of the salary set for the Governor, the participant's employer
11shall pay to the System, in addition to all other payments
12required under this Section and in accordance with guidelines
13established by the System, an amount determined by the System
14to be equal to the employer normal cost, as established by the
15System and expressed as a total percentage of payroll,
16multiplied by the amount of salary in excess of the amount of
17the salary set for the Governor. This amount shall be computed
18by the System on the basis of the actuarial assumptions and
19tables used in the most recent actuarial valuation of the
20System that is available at the time of the computation. The
21System may require the employer to provide any pertinent
22information or documentation.
23    Whenever it determines that a payment is or may be required
24under this subsection, the System shall calculate the amount of
25the payment and bill the employer for that amount. The bill
26shall specify the calculations used to determine the amount

 

 

10000HB3342sam003- 747 -LRB100 08528 JWD 41189 a

1due. If the employer disputes the amount of the bill, it may,
2within 30 days after receipt of the bill, apply to the System
3in writing for a recalculation. The application must specify in
4detail the grounds of the dispute. Upon receiving a timely
5application for recalculation, the System shall review the
6application and, if appropriate, recalculate the amount due.
7    The employer contributions required under this subsection
8may be paid in the form of a lump sum within 90 days after
9receipt of the bill. If the employer contributions are not paid
10within 90 days after receipt of the bill, then interest will be
11charged at a rate equal to the System's annual actuarially
12assumed rate of return on investment compounded annually from
13the 91st day after receipt of the bill. Payments must be
14concluded within 3 years after the employer's receipt of the
15bill.
16    (j) For purposes of determining the required State
17contribution to the System, the value of the System's assets
18shall be equal to the actuarial value of the System's assets,
19which shall be calculated as follows:
20    As of June 30, 2008, the actuarial value of the System's
21assets shall be equal to the market value of the assets as of
22that date. In determining the actuarial value of the System's
23assets for fiscal years after June 30, 2008, any actuarial
24gains or losses from investment return incurred in a fiscal
25year shall be recognized in equal annual amounts over the
265-year period following that fiscal year.

 

 

10000HB3342sam003- 748 -LRB100 08528 JWD 41189 a

1    (k) For purposes of determining the required State
2contribution to the system for a particular year, the actuarial
3value of assets shall be assumed to earn a rate of return equal
4to the system's actuarially assumed rate of return.
5(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
6revised 9-25-17.)
 
7    (40 ILCS 5/16-190.5 new)
8    Sec. 16-190.5. Accelerated pension benefit payment in lieu
9of any pension benefit.
10    (a) As used in this Section:
11    "Eligible person" means a person who:
12        (1) has terminated service;
13        (2) has accrued sufficient service credit to be
14    eligible to receive a retirement annuity under this
15    Article;
16        (3) has not received any retirement annuity under this
17    Article; and
18        (4) has not made the election under Section 16-190.6.
19    "Pension benefit" means the benefits under this Article, or
20Article 1 as it relates to those benefits, including any
21anticipated annual increases, that an eligible person is
22entitled to upon attainment of the applicable retirement age.
23"Pension benefit" also includes applicable survivor's or
24disability benefits.
25    (b) As soon as practical after the effective date of this

 

 

10000HB3342sam003- 749 -LRB100 08528 JWD 41189 a

1amendatory Act of the 100the General Assembly, the System shall
2calculate, using actuarial tables and other assumptions
3adopted by the Board, the present value of pension benefits for
4each eligible person who requests that information and shall
5offer each eligible person the opportunity to irrevocably elect
6to receive an amount determined by the System to be equal to
760% of the present value of his or her pension benefits in lieu
8of receiving any pension benefit. The offer shall specify the
9dollar amount that the eligible person will receive if he or
10she so elects and shall expire when a subsequent offer is made
11to an eligible person. The System shall make a good faith
12effort to contact every eligible person to notify him or her of
13the election.
14    Until June 30, 2021, an eligible person may irrevocably
15elect to receive an accelerated pension benefit payment in the
16amount that the System offers under this subsection in lieu of
17receiving any pension benefit. A person who elects to receive
18an accelerated pension benefit payment under this Section may
19not elect to proceed under the Retirement Systems Reciprocal
20Act with respect to service under this Article.
21    (c) A person's creditable service under this Article shall
22be terminated upon the person's receipt of an accelerated
23pension benefit payment under this Section, and no other
24benefit shall be paid under this Article based on the
25terminated creditable service, including any retirement,
26survivor, or other benefit; except that to the extent that

 

 

10000HB3342sam003- 750 -LRB100 08528 JWD 41189 a

1participation, benefits, or premiums under the State Employees
2Group Insurance Act of 1971 are based on the amount of service
3credit, the terminated service credit shall be used for that
4purpose.
5    (d) If a person who has received an accelerated pension
6benefit payment under this Section returns to active service
7under this Article, then:
8        (1) Any benefits under the System earned as a result of
9    that return to active service shall be based solely on the
10    person's creditable service arising from the return to
11    active service.
12        (2) The accelerated pension benefit payment may not be
13    repaid to the System, and the terminated creditable service
14    may not under any circumstances be reinstated.
15    (e) As a condition of receiving an accelerated pension
16benefit payment, the accelerated pension benefit payment must
17be transferred into a tax qualified retirement plan or account.
18The accelerated pension benefit payment under this Section may
19be subject to withholding or payment of applicable taxes, but
20to the extent permitted by federal law, a person who receives
21an accelerated pension benefit payment under this Section must
22direct the System to pay all of that payment as a rollover into
23another retirement plan or account qualified under the Internal
24Revenue Code of 1986, as amended.
25    (f) Upon receipt of a member's irrevocable election to
26receive an accelerated pension benefit payment under this

 

 

10000HB3342sam003- 751 -LRB100 08528 JWD 41189 a

1Section, the System shall submit a voucher to the Comptroller
2for payment of the member's accelerated pension benefit
3payment. The Comptroller shall transfer the amount of the
4voucher from the State Pension Obligation Acceleration Bond
5Fund to the System, and the System shall transfer the amount
6into the member's eligible retirement plan or qualified
7account.
8    (g) The Board shall adopt any rules, including emergency
9rules, necessary to implement this Section.
10    (h) No provision of this amendatory Act of the 100th
11General Assembly shall be interpreted in a way that would cause
12the applicable System to cease to be a qualified plan under the
13Internal Revenue Code of 1986.
 
14    (40 ILCS 5/16-190.6 new)
15    Sec. 16-190.6. Accelerated pension benefit payment for a
16reduction in annual retirement annuity and survivor's annuity
17increases.
18    (a) As used in this Section:
19    "Accelerated pension benefit payment" means a lump sum
20payment equal to 70% of the difference of the present value of
21the automatic annual increases to a Tier 1 member's retirement
22annuity and survivor's annuity using the formula applicable to
23the Tier 1 member and the present value of the automatic annual
24increases to the Tier 1 member's retirement annuity using the
25formula provided under subsection (b-5) and the survivor's

 

 

10000HB3342sam003- 752 -LRB100 08528 JWD 41189 a

1annuity using the formula provided under subsection (b-6).
2    "Eligible person" means a person who:
3        (1) is a Tier 1 member;
4        (2) has submitted an application for a retirement
5    annuity under this Article;
6        (3) meets the age and service requirements for
7    receiving a retirement annuity under this Article;
8        (4) has not received any retirement annuity under this
9    Article; and
10        (5) has not made the election under Section 16-190.5.
11    (b) As soon as practical after the effective date of this
12amendatory Act of the 100th General Assembly and until June 30,
132021, the System shall implement an accelerated pension benefit
14payment option for eligible persons. Upon the request of an
15eligible person, the System shall calculate, using actuarial
16tables and other assumptions adopted by the Board, an
17accelerated pension benefit payment amount and shall offer that
18eligible person the opportunity to irrevocably elect to have
19his or her automatic annual increases in retirement annuity
20calculated in accordance with the formula provided under
21subsection (b-5) and any increases in survivor's annuity
22payable to his or her survivor's annuity beneficiary calculated
23in accordance with the formula provided under subsection (b-6)
24in exchange for the accelerated pension benefit payment. The
25election under this subsection must be made before the eligible
26person receives the first payment of a retirement annuity

 

 

10000HB3342sam003- 753 -LRB100 08528 JWD 41189 a

1otherwise payable under this Article.
2    (b-5) Notwithstanding any other provision of law, the
3retirement annuity of a person who made the election under
4subsection (b) shall be subject to annual increases on the
5January 1 occurring either on or after the attainment of age 67
6or the first anniversary of the annuity start date, whichever
7is later. Each annual increase shall be calculated at 1.5% of
8the originally granted retirement annuity.
9    (b-6) Notwithstanding any other provision of law, a
10survivor's annuity payable to a survivor's annuity beneficiary
11of a person who made the election under subsection (b) shall be
12subject to annual increases on the January 1 occurring on or
13after the first anniversary of the commencement of the annuity.
14Each annual increase shall be calculated at 1.5% of the
15originally granted survivor's annuity.
16    (c) If a person who has received an accelerated pension
17benefit payment returns to active service under this Article,
18then:
19        (1) the calculation of any future automatic annual
20    increase in retirement annuity shall be calculated in
21    accordance with the formula provided in subsection (b-5);
22    and
23        (2) the accelerated pension benefit payment may not be
24    repaid to the System.
25    (d) As a condition of receiving an accelerated pension
26benefit payment, the accelerated pension benefit payment must

 

 

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1be transferred into a tax qualified retirement plan or account.
2The accelerated pension benefit payment under this Section may
3be subject to withholding or payment of applicable taxes, but
4to the extent permitted by federal law, a person who receives
5an accelerated pension benefit payment under this Section must
6direct the System to pay all of that payment as a rollover into
7another retirement plan or account qualified under the Internal
8Revenue Code of 1986, as amended.
9    (d-5) Upon receipt of a member's irrevocable election to
10receive an accelerated pension benefit payment under this
11Section, the System shall submit a voucher to the Comptroller
12for payment of the member's accelerated pension benefit
13payment. The Comptroller shall transfer the amount of the
14voucher from the State Pension Obligation Acceleration Bond
15Fund to the System, and the System shall transfer the amount
16into the member's eligible retirement plan or qualified
17account.
18    (e) The Board shall adopt any rules, including emergency
19rules, necessary to implement this Section.
20    (f) No provision of this Section shall be interpreted in a
21way that would cause the applicable System to cease to be a
22qualified plan under the Internal Revenue Code of 1986.
 
23    (40 ILCS 5/16-203)
24    Sec. 16-203. Application and expiration of new benefit
25increases.

 

 

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1    (a) As used in this Section, "new benefit increase" means
2an increase in the amount of any benefit provided under this
3Article, or an expansion of the conditions of eligibility for
4any benefit under this Article, that results from an amendment
5to this Code that takes effect after June 1, 2005 (the
6effective date of Public Act 94-4). "New benefit increase",
7however, does not include any benefit increase resulting from
8the changes made to Article 1 or this Article by Public Act
995-910, Public Act 100-23, or this amendatory Act of the 100th
10General Assembly or this amendatory Act of the 100th General
11Assembly.
12    (b) Notwithstanding any other provision of this Code or any
13subsequent amendment to this Code, every new benefit increase
14is subject to this Section and shall be deemed to be granted
15only in conformance with and contingent upon compliance with
16the provisions of this Section.
17    (c) The Public Act enacting a new benefit increase must
18identify and provide for payment to the System of additional
19funding at least sufficient to fund the resulting annual
20increase in cost to the System as it accrues.
21    Every new benefit increase is contingent upon the General
22Assembly providing the additional funding required under this
23subsection. The Commission on Government Forecasting and
24Accountability shall analyze whether adequate additional
25funding has been provided for the new benefit increase and
26shall report its analysis to the Public Pension Division of the

 

 

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1Department of Insurance. A new benefit increase created by a
2Public Act that does not include the additional funding
3required under this subsection is null and void. If the Public
4Pension Division determines that the additional funding
5provided for a new benefit increase under this subsection is or
6has become inadequate, it may so certify to the Governor and
7the State Comptroller and, in the absence of corrective action
8by the General Assembly, the new benefit increase shall expire
9at the end of the fiscal year in which the certification is
10made.
11    (d) Every new benefit increase shall expire 5 years after
12its effective date or on such earlier date as may be specified
13in the language enacting the new benefit increase or provided
14under subsection (c). This does not prevent the General
15Assembly from extending or re-creating a new benefit increase
16by law.
17    (e) Except as otherwise provided in the language creating
18the new benefit increase, a new benefit increase that expires
19under this Section continues to apply to persons who applied
20and qualified for the affected benefit while the new benefit
21increase was in effect and to the affected beneficiaries and
22alternate payees of such persons, but does not apply to any
23other person, including without limitation a person who
24continues in service after the expiration date and did not
25apply and qualify for the affected benefit while the new
26benefit increase was in effect.

 

 

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1(Source: P.A. 100-23, eff. 7-6-17.)
 
2    (40 ILCS 5/14-103.40 rep.)
3    (40 ILCS 5/16-106.4 rep.)
4    Section 110-25. The Illinois Pension Code is amended by
5repealing Sections 14-103.40 and 16-106.4.
 
6    Section 110-30. The State Pension Funds Continuing
7Appropriation Act is amended by adding Section 1.9 as follows:
 
8    (40 ILCS 15/1.9 new)
9    Sec. 1.9. Appropriations for State Pension Obligation
10Acceleration Bonds. If for any reason the aggregate
11appropriations made available are insufficient to meet the
12levels required for the payment of principal and interest due
13on State Pension Obligation Acceleration Bonds under Section
147.7 of the General Obligation Bond Act, this Section shall
15constitute a continuing appropriation of all amounts necessary
16for those purposes.
 
17
ARTICLE 115. STATE TREASURER

 
18    Section 115-5. The State Treasurer Act is amended by
19changing Section 20 as follows:
 
20    (15 ILCS 505/20)

 

 

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1    Sec. 20. State Treasurer administrative charge. The State
2Treasurer may retain an administrative charge for both the
3costs of services associated with the deposit of moneys that
4are remitted directly to the State Treasurer and the investment
5or safekeeping of funds by the State Treasurer. The
6administrative charges charge collected under this Section
7shall be deposited into the State Treasurer's Administrative
8Fund. The amount of the administrative charges charge may be
9determined by the State Treasurer. Administrative charges from
10the deposit of moneys remitted directly to the State Treasurer
11and shall not exceed 2% of the amount deposited. Administrative
12charges from the investment or safekeeping of funds by the
13State Treasurer shall be charged no more than monthly and the
14total amount charged per fiscal year shall not exceed
15$12,000,000 plus any amounts required as employer
16contributions under Section 14-131 of the Illinois Pension Code
17and Section 10 of the State Employees Group Insurance Act of
181971.
19    Administrative charges for the deposit of moneys This
20Section shall apply to fines, fees, or other amounts remitted
21directly to the State Treasurer by circuit clerks, county
22clerks, and other entities for deposit into a fund in the State
23treasury. Administrative charges for the deposit of moneys do
24This Section does not apply to amounts remitted by State
25agencies or certified collection specialists as defined in 74
26Ill. Admin. Code 1200.50. Administrative charges for the

 

 

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1deposit of moneys This Section shall apply only to any form of
2fines, fees, or other collections created on or after August
315, 2014 (the effective date of Public Act 98-965) this
4amendatory Act of the 98th General Assembly.
5    Moneys in the State Treasurer's Administrative Fund are
6subject to appropriation by the General Assembly.
7(Source: P.A. 98-965, eff. 8-15-14.)
 
8    Section 115-10. The State Treasurer's Bank Services Trust
9Fund Act is amended by changing Section 10 as follows:
 
10    (30 ILCS 212/10)
11    Sec. 10. Creation of Fund. There is hereby created in the
12State treasury a special fund to be known as the State
13Treasurer's Bank Services Trust Fund. Moneys deposited in the
14Fund shall be used by the State Treasurer to pay the cost of
15the following banking services: processing of payments of
16taxes, fees, and other moneys due the State; transactional,
17technological, consultant, and legal service charges, and
18other operational expenses of the State Treasurer's Office
19related to the investment or safekeeping of funds under the
20Treasurer's control; and the cost of paying bondholders and
21legal services under the State's general obligation bond
22program.
23(Source: P.A. 98-909, eff. 8-15-14.)
 

 

 

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1
ARTICLE 120. NATURAL DISASTER CREDIT

 
2    Section 120-5. The Illinois Income Tax Act is amended by
3changing Section 226 as follows:
 
4    (35 ILCS 5/226)
5    Sec. 226. Natural disaster credit.
6    (a) For taxable years that begin on or after January 1,
72017 and begin prior to January 1, 2019 2018, each taxpayer who
8owns qualified real property located in a county in Illinois
9that was declared a State disaster area by the Governor due to
10flooding in 2017 or 2018 is entitled to a credit against the
11taxes imposed by subsections (a) and (b) of Section 201 of this
12Act in an amount equal to the lesser of $750 or the deduction
13allowed (whether or not the taxpayer determines taxable income
14under subsection (b) of Section 63 of the Internal Revenue
15Code) with respect to the qualified property under Section 165
16of the Internal Revenue Code, determined without regard to the
17limitations imposed under subsection (h) of that Section. The
18township assessor or, if the township assessor is unable, the
19chief county assessment officer of the county in which the
20property is located, shall issue a certificate to the taxpayer
21identifying the taxpayer's property as damaged as a result of
22the natural disaster. The certificate shall include the name
23and address of the property owner, as well as the property
24index number or permanent index number (PIN) of the damaged

 

 

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1property. The taxpayer shall attach a copy of such certificate
2to the taxpayer's return for the taxable year for which the
3credit is allowed.
4    (b) In no event shall a credit under this Section reduce a
5taxpayer's liability to less than zero. If the amount of credit
6exceeds the tax liability for the year, the excess may be
7carried forward and applied to the tax liability for the 5
8taxable years following the excess credit year. The tax credit
9shall be applied to the earliest year for which there is a tax
10liability. If there are credits for more than one year that are
11available to offset liability, the earlier credit shall be
12applied first.
13    (c) If the taxpayer is a partnership or Subchapter S
14corporation, the credit shall be allowed to the partners or
15shareholders in accordance with the determination of income and
16distributive share of income under Sections 702 and 704 and
17Subchapter S of the Internal Revenue Code.
18    (d) A taxpayer is not entitled to the credit under this
19Section if the taxpayer receives a Natural Disaster Homestead
20Exemption under Section 15-173 of the Property Tax Code with
21respect to the qualified real property as a result of the
22natural disaster.
23    (e) The township assessor or, if the township assessor is
24unable to certify, the chief county assessment officer of the
25county in which the property is located, shall certify to the
26Department a listing of the properties located within the

 

 

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1county that have been damaged as a result of the natural
2disaster (including the name and address of the property owner
3and the property index number or permanent index number (PIN)
4of each damage property).
5    (f) As used in this Section:
6        (1) "Qualified real property" means real property that
7    is: (i) the taxpayer's principal residence or owned by a
8    small business; (ii) damaged during the taxable year as a
9    result of a disaster; and (iii) not used in a rental or
10    leasing business.
11        (2) "Small business" has the meaning given to that term
12    in Section 1-75 of the Illinois Administrative Procedure
13    Act.
14(Source: P.A. 100-555, eff. 11-16-17.)
 
15
ARTICLE 999. MISCELLANEOUS PROVISIONS

 
16    Section 999-90. The State Mandates Act is amended by adding
17Section 8.42 as follows:
 
18    (30 ILCS 805/8.42 new)
19    Sec. 8.42. Exempt mandate. Notwithstanding Sections 6 and 8
20of this Act, no reimbursement by the State is required for the
21implementation of any mandate created by this amendatory Act of
22the 100th General Assembly.
 

 

 

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1    Section 999-95. No acceleration or delay. Where this Act
2makes changes in a statute that is represented in this Act by
3text that is not yet or no longer in effect (for example, a
4Section represented by multiple versions), the use of that text
5does not accelerate or delay the taking effect of (i) the
6changes made by this Act or (ii) provisions derived from any
7other Public Act.
 
8    Section 999-99. Effective date. This Act takes effect upon
9becoming law.".