Rep. Barbara Flynn Currie

Filed: 5/29/2014

 

 


 

 


 
09800SB0220ham002LRB098 04693 JWD 60443 a

1
AMENDMENT TO SENATE BILL 220

2    AMENDMENT NO. ______. Amend Senate Bill 220, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 1. SHORT TITLE; PURPOSE

 
6    Section 1-1. Short title. This Act may be cited as the
7FY2015 Budget Implementation Act.
 
8    Section 1-5. Purpose, It is the purpose of this Act to make
9changes in State programs that are necessary to implement the
10Governor's Fiscal Year 2015 budget recommendations.
 
11
ARTICLE 20. AMENDATORY PROVISIONS

 
12    Section 20-5. The I-FLY Act is amended by changing Section
1325 as follows:
 

 

 

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1    (20 ILCS 3958/25)
2    Sec. 25. I-FLY Program.
3    (a) The Department shall establish the I-FLY Program, in
4cooperation with the Commission. The Program shall consist of
5the following components:
6        (1) air carrier recruitment and retention grants as
7    described in subsection (c); and
8        (2) planning grants under subsection (d).
9    The Department may make grants under this Act only to
10airports that are located completely outside of Cook County.
11    (b) During any one-year period, an airport may receive a
12grant for only one of the 2 components specified in subsection
13(a).
14    (c) Air carrier recruitment and retention program grants.
15        (1) An airport may receive an air carrier recruitment
16    and retention program grant from the Department only if:
17            (A) it is capable of supporting takeoffs and
18        landings by aircraft that have at least 19 passenger
19        seats or have made improvements or commitments to the
20        Department to provide this capability; and
21            (B) it has a commitment from an air carrier to
22        start or continue air service to the community that the
23        airport serves subject to financial support from the
24        State and from the airport or unit of local government
25        that the airport serves. The commitment must specify

 

 

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1        that the air carrier would not provide or continue to
2        provide service to the community if financial
3        assistance were not available.
4        (2) An application for an air carrier recruitment and
5    retention program grant must contain commitments from the
6    airport or the unit of local government in which the
7    airport is located as to the amount of the total project
8    cost, the contribution from the unit of local government or
9    airport, the method in which the contribution from the
10    airport or unit of local government will be generated, and
11    the requested State contribution.
12        (3) The air carrier recruitment and retention program
13    grant shall be used to guarantee the financial viability of
14    air carriers providing reasonable air service at the
15    airport. A grant under this subsection (c) to a particular
16    airport may be in only one of the following 3 forms:
17            (A) A grant may be used to guarantee that an air
18        carrier shall receive an agreed amount of revenue per
19        flight.
20            (B) A grant may be used to guarantee a reduced or
21        subsidized consumer ticket price.
22            (C) A grant may be used to guarantee a profit goal
23        established by the air carrier and airport.
24        (4) During the first year of a grant under this
25    subsection (c), the grant shall pay 80% of the total cost
26    of the guarantee and the airport or unit of local

 

 

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1    government in which the airport is located shall pay 20% of
2    the total cost of the guarantee. During the second year of
3    a grant under this subsection (c), the grant shall pay 80%
4    of the total cost of the guarantee and the airport or the
5    unit of local government in which the airport is located
6    shall pay 20% of the total cost of the guarantee. During
7    the third year of a grant under this subsection (c), the
8    grant shall pay 80% of the total cost of the guarantee and
9    the airport or the unit of local government in which the
10    airport is located shall pay 20% of the total cost of the
11    guarantee.
12        (5) The total State funding for a grant under this
13    subsection (c) to a particular airport may not exceed
14    $1,500,000 $1,000,000 in any year.
15        (6) An airport that has received a 3-year 2-year grant
16    under this subsection (c) may apply for another grant for
17    an additional 3-year 2-year period; however, the
18    Department shall, in determining whether to make a grant
19    for an additional 3-year 2-year period, give priority to
20    other airports that have not previously received a grant
21    under this subsection (c). The Department shall also give
22    priority in making grants under this subsection (c) to
23    airports at which the Department determines that a 3-year
24    2-year grant may result in the creation of stable and
25    reliable commercial air service without an additional
26    grant.

 

 

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1    (d) Planning grants. An airport may apply for and receive a
2planning grant to conduct feasibility studies or business plans
3designed to study the recruitment, retention, or expansion of
4an air carrier at the airport. To be eligible for a grant under
5this subsection (d), the airport must have the potential for
6initial or expanded air service as the Department determines
7through its evaluation process. The grant shall pay 70% of the
8total cost of the feasibility studies or business plans and the
9airport or the unit of local government in which the airport is
10located shall pay 30% of the total cost of the feasibility
11studies or business plans. An airport may receive only one
12planning grant.
13(Source: P.A. 94-839, eff. 6-6-06; 95-744, eff. 7-18-08.)
 
14    Section 20-10. The State Finance Act is amended by changing
15Sections 6z-63, 6z-64, 6z-70, 8.3, 8g-1, and 13.2 and by adding
16Sections 5.855 and 6z-100 as follows:
 
17    (30 ILCS 105/5.855 new)
18    Sec. 5.855. The Capital Development Board Revolving Fund.
19This Section is repealed July 1, 2016.
 
20    (30 ILCS 105/6z-63)
21    Sec. 6z-63. The Professional Services Fund.
22    (a) The Professional Services Fund is created as a
23revolving fund in the State treasury. The following moneys

 

 

09800SB0220ham002- 6 -LRB098 04693 JWD 60443 a

1shall be deposited into the Fund:
2        (1) amounts authorized for transfer to the Fund from
3    the General Revenue Fund and other State funds (except for
4    funds classified by the Comptroller as federal trust funds
5    or State trust funds) pursuant to State law or Executive
6    Order;
7        (2) federal funds received by the Department of Central
8    Management Services (the "Department") as a result of
9    expenditures from the Fund;
10        (3) interest earned on moneys in the Fund; and
11        (4) receipts or inter-fund transfers resulting from
12    billings issued by the Department to State agencies for the
13    cost of professional services rendered by the Department
14    that are not compensated through the specific fund
15    transfers authorized by this Section.
16    (b) Moneys in the Fund may be used by the Department for
17reimbursement or payment for:
18        (1) providing professional services to State agencies
19    or other State entities;
20        (2) rendering other services to State agencies at the
21    Governor's direction or to other State entities upon
22    agreement between the Director of Central Management
23    Services and the appropriate official or governing body of
24    the other State entity; or
25        (3) providing for payment of administrative and other
26    expenses incurred by the Department in providing

 

 

09800SB0220ham002- 7 -LRB098 04693 JWD 60443 a

1    professional services.
2    (c) State agencies or other State entities may direct the
3Comptroller to process inter-fund transfers or make payment
4through the voucher and warrant process to the Professional
5Services Fund in satisfaction of billings issued under
6subsection (a) of this Section.
7    (d) Reconciliation. For the fiscal year beginning on July
81, 2004 only, the Director of Central Management Services (the
9"Director") shall order that each State agency's payments and
10transfers made to the Fund be reconciled with actual Fund costs
11for professional services provided by the Department on no less
12than an annual basis. The Director may require reports from
13State agencies as deemed necessary to perform this
14reconciliation.
15    (e) The following amounts are authorized for transfer into
16the Professional Services Fund for the fiscal year beginning
17July 1, 2004:
18    General Revenue Fund...........................$5,440,431
19    Road Fund........................................$814,468
20    Motor Fuel Tax Fund..............................$263,500
21    Child Support Administrative Fund................$234,013
22    Professions Indirect Cost Fund...................$276,800
23    Capital Development Board Revolving Fund.........$207,610
24    Bank & Trust Company Fund........................$200,214
25    State Lottery Fund...............................$193,691
26    Insurance Producer Administration Fund...........$174,672

 

 

09800SB0220ham002- 8 -LRB098 04693 JWD 60443 a

1    Insurance Financial Regulation Fund..............$168,327
2    Illinois Clean Water Fund........................$124,675
3    Clean Air Act (CAA) Permit Fund...................$91,803
4    Statistical Services Revolving Fund...............$90,959
5    Financial Institution Fund.......................$109,428
6    Horse Racing Fund.................................$71,127
7    Health Insurance Reserve Fund.....................$66,577
8    Solid Waste Management Fund.......................$61,081
9    Guardianship and Advocacy Fund.....................$1,068
10    Agricultural Premium Fund............................$493
11    Wildlife and Fish Fund...............................$247
12    Radiation Protection Fund.........................$33,277
13    Nuclear Safety Emergency Preparedness Fund........$25,652
14    Tourism Promotion Fund............................$6,814
15    All of these transfers shall be made on July 1, 2004, or as
16soon thereafter as practical. These transfers shall be made
17notwithstanding any other provision of State law to the
18contrary.
19    (e-5) Notwithstanding any other provision of State law to
20the contrary, on or after July 1, 2005 and through June 30,
212006, in addition to any other transfers that may be provided
22for by law, at the direction of and upon notification from the
23Director of Central Management Services, the State Comptroller
24shall direct and the State Treasurer shall transfer amounts
25into the Professional Services Fund from the designated funds
26not exceeding the following totals:

 

 

09800SB0220ham002- 9 -LRB098 04693 JWD 60443 a

1    Food and Drug Safety Fund..........................$3,249
2    Financial Institution Fund........................$12,942
3    General Professions Dedicated Fund.................$8,579
4    Illinois Department of Agriculture
5        Laboratory Services Revolving Fund...........$1,963
6    Illinois Veterans' Rehabilitation Fund............$11,275
7    State Boating Act Fund............................$27,000
8    State Parks Fund..................................$22,007
9    Agricultural Premium Fund.........................$59,483
10    Fire Prevention Fund..............................$29,862
11    Mental Health Fund................................$78,213
12    Illinois State Pharmacy Disciplinary Fund..........$2,744
13    Radiation Protection Fund.........................$16,034
14    Solid Waste Management Fund.......................$37,669
15    Illinois Gaming Law Enforcement Fund...............$7,260
16    Subtitle D Management Fund.........................$4,659
17    Illinois State Medical Disciplinary Fund...........$8,602
18    Department of Children and
19        Family Services Training Fund.................$29,906
20    Facility Licensing Fund............................$1,083
21    Youth Alcoholism and Substance
22        Abuse Prevention Fund..........................$2,783
23    Plugging and Restoration Fund......................$1,105
24    State Crime Laboratory Fund........................$1,353
25    Motor Vehicle Theft Prevention Trust Fund..........$9,190
26    Weights and Measures Fund..........................$4,932

 

 

09800SB0220ham002- 10 -LRB098 04693 JWD 60443 a

1    Solid Waste Management Revolving
2        Loan Fund......................................$2,735
3    Illinois School Asbestos Abatement Fund............$2,166
4    Violence Prevention Fund...........................$5,176
5    Capital Development Board Revolving Fund..........$14,777
6    DCFS Children's Services Fund..................$1,256,594
7    State Police DUI Fund..............................$1,434
8    Illinois Health Facilities Planning Fund...........$3,191
9    Emergency Public Health Fund.......................$7,996
10    Fair and Exposition Fund...........................$3,732
11    Nursing Dedicated and Professional Fund............$5,792
12    Optometric Licensing and Disciplinary Board Fund...$1,032
13    Underground Resources Conservation Enforcement Fund.$1,221
14    State Rail Freight Loan Repayment Fund.............$6,434
15    Drunk and Drugged Driving Prevention Fund..........$5,473
16    Illinois Affordable Housing Trust Fund...........$118,222
17    Community Water Supply Laboratory Fund............$10,021
18    Used Tire Management Fund.........................$17,524
19    Natural Areas Acquisition Fund....................$15,501
20    Open Space Lands Acquisition
21        and Development Fund..........................$49,105
22    Working Capital Revolving Fund...................$126,344
23    State Garage Revolving Fund.......................$92,513
24    Statistical Services Revolving Fund..............$181,949
25    Paper and Printing Revolving Fund..................$3,632
26    Air Transportation Revolving Fund..................$1,969

 

 

09800SB0220ham002- 11 -LRB098 04693 JWD 60443 a

1    Communications Revolving Fund....................$304,278
2    Environmental Laboratory Certification Fund........$1,357
3    Public Health Laboratory Services Revolving Fund...$5,892
4    Provider Inquiry Trust Fund........................$1,742
5    Lead Poisoning Screening,
6        Prevention, and Abatement Fund.................$8,200
7    Drug Treatment Fund...............................$14,028
8    Feed Control Fund..................................$2,472
9    Plumbing Licensure and Program Fund................$3,521
10    Insurance Premium Tax Refund Fund..................$7,872
11    Tax Compliance and Administration Fund.............$5,416
12    Appraisal Administration Fund......................$2,924
13    Trauma Center Fund................................$40,139
14    Alternate Fuels Fund...............................$1,467
15    Illinois State Fair Fund..........................$13,844
16    State Asset Forfeiture Fund........................$8,210
17    Federal Asset Forfeiture Fund......................$6,471
18    Department of Corrections Reimbursement
19        and Education Fund............................$78,965
20    Health Facility Plan Review Fund...................$3,444
21    LEADS Maintenance Fund.............................$6,075
22    State Offender DNA Identification
23        System Fund....................................$1,712
24    Illinois Historic Sites Fund.......................$4,511
25    Public Pension Regulation Fund.....................$2,313
26    Workforce, Technology, and Economic

 

 

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1        Development Fund...............................$5,357
2    Renewable Energy Resources Trust Fund.............$29,920
3    Energy Efficiency Trust Fund.......................$8,368
4    Pesticide Control Fund.............................$6,687
5    Conservation 2000 Fund............................$30,764
6    Wireless Carrier Reimbursement Fund...............$91,024
7    International Tourism Fund........................$13,057
8    Public Transportation Fund.......................$701,837
9    Horse Racing Fund.................................$18,589
10    Death Certificate Surcharge Fund...................$1,901
11    State Police Wireless Service
12        Emergency Fund.................................$1,012
13    Downstate Public Transportation Fund.............$112,085
14    Motor Carrier Safety Inspection Fund...............$6,543
15    State Police Whistleblower Reward
16        and Protection Fund............................$1,894
17    Illinois Standardbred Breeders Fund................$4,412
18    Illinois Thoroughbred Breeders Fund................$6,635
19    Illinois Clean Water Fund.........................$17,579
20    Independent Academic Medical Center Fund...........$5,611
21    Child Support Administrative Fund................$432,527
22    Corporate Headquarters Relocation
23        Assistance Fund................................$4,047
24    Local Initiative Fund.............................$58,762
25    Tourism Promotion Fund............................$88,072
26    Digital Divide Elimination Fund...................$11,593

 

 

09800SB0220ham002- 13 -LRB098 04693 JWD 60443 a

1    Presidential Library and Museum Operating Fund.....$4,624
2    Metro-East Public Transportation Fund.............$47,787
3    Medical Special Purposes Trust Fund...............$11,779
4    Dram Shop Fund....................................$11,317
5    Illinois State Dental Disciplinary Fund............$1,986
6    Hazardous Waste Research Fund......................$1,333
7    Real Estate License Administration Fund...........$10,886
8    Traffic and Criminal Conviction
9        Surcharge Fund................................$44,798
10    Criminal Justice Information
11        Systems Trust Fund.............................$5,693
12    Design Professionals Administration
13        and Investigation Fund.........................$2,036
14    State Surplus Property Revolving Fund..............$6,829
15    Illinois Forestry Development Fund.................$7,012
16    State Police Services Fund........................$47,072
17    Youth Drug Abuse Prevention Fund...................$1,299
18    Metabolic Screening and Treatment Fund............$15,947
19    Insurance Producer Administration Fund............$30,870
20    Coal Technology Development Assistance Fund.......$43,692
21    Rail Freight Loan Repayment Fund...................$1,016
22    Low-Level Radioactive Waste
23        Facility Development and Operation Fund......$1,989
24    Environmental Protection Permit and Inspection Fund.$32,125
25    Park and Conservation Fund........................$41,038
26    Local Tourism Fund................................$34,492

 

 

09800SB0220ham002- 14 -LRB098 04693 JWD 60443 a

1    Illinois Capital Revolving Loan Fund..............$10,624
2    Illinois Equity Fund...............................$1,929
3    Large Business Attraction Fund.....................$5,554
4    Illinois Beach Marina Fund.........................$5,053
5    International and Promotional Fund.................$1,466
6    Public Infrastructure Construction
7        Loan Revolving Fund............................$3,111
8    Insurance Financial Regulation Fund...............$42,575
9    Total                                         $4,975,487
10    (e-7) Notwithstanding any other provision of State law to
11the contrary, on or after July 1, 2006 and through June 30,
122007, in addition to any other transfers that may be provided
13for by law, at the direction of and upon notification from the
14Director of Central Management Services, the State Comptroller
15shall direct and the State Treasurer shall transfer amounts
16into the Professional Services Fund from the designated funds
17not exceeding the following totals:
18    Food and Drug Safety Fund..........................$3,300
19    Financial Institution Fund........................$13,000
20    General Professions Dedicated Fund.................$8,600
21    Illinois Department of Agriculture
22        Laboratory Services Revolving Fund.............$2,000
23    Illinois Veterans' Rehabilitation Fund............$11,300
24    State Boating Act Fund............................$27,200
25    State Parks Fund..................................$22,100
26    Agricultural Premium Fund.........................$59,800

 

 

09800SB0220ham002- 15 -LRB098 04693 JWD 60443 a

1    Fire Prevention Fund..............................$30,000
2    Mental Health Fund................................$78,700
3    Illinois State Pharmacy Disciplinary Fund..........$2,800
4    Radiation Protection Fund.........................$16,100
5    Solid Waste Management Fund.......................$37,900
6    Illinois Gaming Law Enforcement Fund...............$7,300
7    Subtitle D Management Fund.........................$4,700
8    Illinois State Medical Disciplinary Fund...........$8,700
9    Facility Licensing Fund............................$1,100
10    Youth Alcoholism and
11        Substance Abuse Prevention Fund................$2,800
12    Plugging and Restoration Fund......................$1,100
13    State Crime Laboratory Fund........................$1,400
14    Motor Vehicle Theft Prevention Trust Fund..........$9,200
15    Weights and Measures Fund..........................$5,000
16    Illinois School Asbestos Abatement Fund............$2,200
17    Violence Prevention Fund...........................$5,200
18    Capital Development Board Revolving Fund..........$14,900
19    DCFS Children's Services Fund..................$1,294,000
20    State Police DUI Fund..............................$1,400
21    Illinois Health Facilities Planning Fund...........$3,200
22    Emergency Public Health Fund.......................$8,000
23    Fair and Exposition Fund...........................$3,800
24    Nursing Dedicated and Professional Fund............$5,800
25    Optometric Licensing and Disciplinary Board Fund...$1,000
26    Underground Resources Conservation

 

 

09800SB0220ham002- 16 -LRB098 04693 JWD 60443 a

1        Enforcement Fund...............................$1,200
2    State Rail Freight Loan Repayment Fund.............$6,500
3    Drunk and Drugged Driving Prevention Fund..........$5,500
4    Illinois Affordable Housing Trust Fund...........$118,900
5    Community Water Supply Laboratory Fund............$10,100
6    Used Tire Management Fund.........................$17,600
7    Natural Areas Acquisition Fund....................$15,600
8    Open Space Lands Acquisition
9        and Development Fund..........................$49,400
10    Working Capital Revolving Fund...................$127,100
11    State Garage Revolving Fund.......................$93,100
12    Statistical Services Revolving Fund..............$183,000
13    Paper and Printing Revolving Fund..................$3,700
14    Air Transportation Revolving Fund..................$2,000
15    Communications Revolving Fund....................$306,100
16    Environmental Laboratory Certification Fund........$1,400
17    Public Health Laboratory Services
18        Revolving Fund.................................$5,900
19    Provider Inquiry Trust Fund........................$1,800
20    Lead Poisoning Screening, Prevention,
21        and Abatement Fund.............................$8,200
22    Drug Treatment Fund...............................$14,100
23    Feed Control Fund..................................$2,500
24    Plumbing Licensure and Program Fund................$3,500
25    Insurance Premium Tax Refund Fund..................$7,900
26    Tax Compliance and Administration Fund.............$5,400

 

 

09800SB0220ham002- 17 -LRB098 04693 JWD 60443 a

1    Appraisal Administration Fund......................$2,900
2    Trauma Center Fund................................$40,400
3    Alternate Fuels Fund..............................$1,500
4    Illinois State Fair Fund..........................$13,900
5    State Asset Forfeiture Fund........................$8,300
6    Department of Corrections
7        Reimbursement and Education Fund..............$79,400
8    Health Facility Plan Review Fund...................$3,500
9    LEADS Maintenance Fund.............................$6,100
10    State Offender DNA Identification System Fund......$1,700
11    Illinois Historic Sites Fund.......................$4,500
12    Public Pension Regulation Fund.....................$2,300
13    Workforce, Technology, and Economic
14        Development Fund...............................$5,400
15    Renewable Energy Resources Trust Fund.............$30,100
16    Energy Efficiency Trust Fund.......................$8,400
17    Pesticide Control Fund.............................$6,700
18    Conservation 2000 Fund............................$30,900
19    Wireless Carrier Reimbursement Fund...............$91,600
20    International Tourism Fund........................$13,100
21    Public Transportation Fund.......................$705,900
22    Horse Racing Fund.................................$18,700
23    Death Certificate Surcharge Fund...................$1,900
24    State Police Wireless Service Emergency Fund.......$1,000
25    Downstate Public Transportation Fund.............$112,700
26    Motor Carrier Safety Inspection Fund...............$6,600

 

 

09800SB0220ham002- 18 -LRB098 04693 JWD 60443 a

1    State Police Whistleblower
2        Reward and Protection Fund.....................$1,900
3    Illinois Standardbred Breeders Fund................$4,400
4    Illinois Thoroughbred Breeders Fund................$6,700
5    Illinois Clean Water Fund.........................$17,700
6    Child Support Administrative Fund................$435,100
7    Tourism Promotion Fund............................$88,600
8    Digital Divide Elimination Fund...................$11,700
9    Presidential Library and Museum Operating Fund.....$4,700
10    Metro-East Public Transportation Fund.............$48,100
11    Medical Special Purposes Trust Fund...............$11,800
12    Dram Shop Fund....................................$11,400
13    Illinois State Dental Disciplinary Fund............$2,000
14    Hazardous Waste Research Fund......................$1,300
15    Real Estate License Administration Fund...........$10,900
16    Traffic and Criminal Conviction Surcharge Fund....$45,100
17    Criminal Justice Information Systems Trust Fund....$5,700
18    Design Professionals Administration
19        and Investigation Fund.........................$2,000
20    State Surplus Property Revolving Fund..............$6,900
21    State Police Services Fund........................$47,300
22    Youth Drug Abuse Prevention Fund...................$1,300
23    Metabolic Screening and Treatment Fund............$16,000
24    Insurance Producer Administration Fund............$31,100
25    Coal Technology Development Assistance Fund.......$43,900
26    Low-Level Radioactive Waste Facility

 

 

09800SB0220ham002- 19 -LRB098 04693 JWD 60443 a

1        Development and Operation Fund.................$2,000
2    Environmental Protection Permit
3        and Inspection Fund...........................$32,300
4    Park and Conservation Fund........................$41,300
5    Local Tourism Fund................................$34,700
6    Illinois Capital Revolving Loan Fund..............$10,700
7    Illinois Equity Fund...............................$1,900
8    Large Business Attraction Fund.....................$5,600
9    Illinois Beach Marina Fund.........................$5,100
10    International and Promotional Fund.................$1,500
11    Public Infrastructure Construction
12        Loan Revolving Fund............................$3,100
13    Insurance Financial Regulation Fund..............$42,800
14    Total                                         $4,918,200
15    (e-10) Notwithstanding any other provision of State law to
16the contrary and in addition to any other transfers that may be
17provided for by law, on the first day of each calendar quarter
18of the fiscal year beginning July 1, 2005, or as soon as may be
19practical thereafter, the State Comptroller shall direct and
20the State Treasurer shall transfer from each designated fund
21into the Professional Services Fund amounts equal to one-fourth
22of each of the following totals:
23    General Revenue Fund...........................$4,440,000
24    Road Fund......................................$5,324,411
25    Total                                         $9,764,411
26    (e-15) Notwithstanding any other provision of State law to

 

 

09800SB0220ham002- 20 -LRB098 04693 JWD 60443 a

1the contrary and in addition to any other transfers that may be
2provided for by law, the State Comptroller shall direct and the
3State Treasurer shall transfer from the funds specified into
4the Professional Services Fund according to the schedule
5specified herein as follows:
6    General Revenue Fund..........................$4,466,000
7    Road Fund.....................................$5,355,500
8    Total                                         $9,821,500
9    One-fourth of the specified amount shall be transferred on
10each of July 1 and October 1, 2006, or as soon as may be
11practical thereafter, and one-half of the specified amount
12shall be transferred on January 1, 2007, or as soon as may be
13practical thereafter.
14    (e-20) Notwithstanding any other provision of State law to
15the contrary, on or after July 1, 2010 and through June 30,
162011, in addition to any other transfers that may be provided
17for by law, at the direction of and upon notification from the
18Director of Central Management Services, the State Comptroller
19shall direct and the State Treasurer shall transfer amounts
20into the Professional Services Fund from the designated funds
21not exceeding the following totals:
22    Grade Crossing Protection Fund...................$55,300
23    Financial Institution Fund.......................$10,000
24    General Professions Dedicated Fund...............$11,600
25    Illinois Veterans' Rehabilitation Fund...........$10,800
26    State Boating Act Fund...........................$23,500

 

 

09800SB0220ham002- 21 -LRB098 04693 JWD 60443 a

1    State Parks Fund.................................$21,200
2    Agricultural Premium Fund........................$55,400
3    Fire Prevention Fund.............................$46,100
4    Mental Health Fund...............................$45,200
5    Illinois State Pharmacy Disciplinary Fund...........$300
6    Radiation Protection Fund........................$12,900
7    Solid Waste Management Fund......................$48,100
8    Illinois Gaming Law Enforcement Fund..............$2,900
9    Subtitle D Management Fund........................$6,300
10    Illinois State Medical Disciplinary Fund..........$9,200
11    Weights and Measures Fund.........................$6,700
12    Violence Prevention Fund..........................$4,000
13    Capital Development Board Revolving Fund..........$7,900
14    DCFS Children's Services Fund...................$804,800
15    Illinois Health Facilities Planning Fund..........$4,000
16    Emergency Public Health Fund......................$7,600
17    Nursing Dedicated and Professional Fund...........$5,600
18    State Rail Freight Loan Repayment Fund............$1,700
19    Drunk and Drugged Driving Prevention Fund.........$4,600
20    Community Water Supply Laboratory Fund............$3,100
21    Used Tire Management Fund........................$15,200
22    Natural Areas Acquisition Fund...................$33,400
23    Open Space Lands Acquisition
24        and Development Fund.........................$62,100
25    Working Capital Revolving Fund...................$91,700
26    State Garage Revolving Fund......................$89,600

 

 

09800SB0220ham002- 22 -LRB098 04693 JWD 60443 a

1    Statistical Services Revolving Fund.............$277,700
2    Communications Revolving Fund...................$248,100
3    Facilities Management Revolving Fund............$472,600
4    Public Health Laboratory Services
5        Revolving Fund................................$5,900
6    Lead Poisoning Screening, Prevention,
7        and Abatement Fund............................$7,900
8    Drug Treatment Fund...............................$8,700
9    Tax Compliance and Administration Fund............$8,300
10    Trauma Center Fund...............................$34,800
11    Illinois State Fair Fund.........................$12,700
12    Department of Corrections
13        Reimbursement and Education Fund.............$77,600
14    Illinois Historic Sites Fund......................$4,200
15    Pesticide Control Fund............................$7,000
16    Partners for Conservation Fund...................$25,000
17    International Tourism Fund.......................$14,100
18    Horse Racing Fund................................$14,800
19    Motor Carrier Safety Inspection Fund..............$4,500
20    Illinois Standardbred Breeders Fund...............$3,400
21    Illinois Thoroughbred Breeders Fund...............$5,200
22    Illinois Clean Water Fund........................$19,400
23    Child Support Administrative Fund...............$398,000
24    Tourism Promotion Fund...........................$75,300
25    Digital Divide Elimination Fund..................$11,800
26    Presidential Library and Museum Operating Fund...$25,900

 

 

09800SB0220ham002- 23 -LRB098 04693 JWD 60443 a

1    Medical Special Purposes Trust Fund..............$10,800
2    Dram Shop Fund...................................$12,700
3    Cycle Rider Safety Training Fund..................$7,100
4    State Police Services Fund.......................$43,600
5    Metabolic Screening and Treatment Fund...........$23,900
6    Insurance Producer Administration Fund...........$16,800
7    Coal Technology Development Assistance Fund......$43,700
8    Environmental Protection Permit
9        and Inspection Fund..........................$21,600
10    Park and Conservation Fund.......................$38,100
11    Local Tourism Fund...............................$31,800
12    Illinois Capital Revolving Loan Fund..............$5,800
13    Large Business Attraction Fund......................$300
14    Adeline Jay Geo-Karis Illinois
15        Beach Marina Fund.............................$5,000
16    Insurance Financial Regulation Fund..............$23,000
17    Total                                         $3,547,900
18    (e-25) Notwithstanding any other provision of State law to
19the contrary and in addition to any other transfers that may be
20provided for by law, the State Comptroller shall direct and the
21State Treasurer shall transfer from the funds specified into
22the Professional Services Fund according to the schedule
23specified as follows:
24    General Revenue Fund..........................$4,600,000
25    Road Fund.....................................$4,852,500
26    Total                                         $9,452,500

 

 

09800SB0220ham002- 24 -LRB098 04693 JWD 60443 a

1    One fourth of the specified amount shall be transferred on
2each of July 1 and October 1, 2010, or as soon as may be
3practical thereafter, and one half of the specified amount
4shall be transferred on January 1, 2011, or as soon as may be
5practical thereafter.
6    (e-30) Notwithstanding any other provision of State law to
7the contrary and in addition to any other transfers that may be
8provided for by law, the State Comptroller shall direct and the
9State Treasurer shall transfer from the funds specified into
10the Professional Services Fund according to the schedule
11specified as follows:
12    General Revenue Fund..........................$4,600,000
13    One-fourth of the specified amount shall be transferred on
14each of July 1 and October 1, 2011, or as soon as may be
15practical thereafter, and one-half of the specified amount
16shall be transferred on January 1, 2012, or as soon as may be
17practical thereafter.
18    (e-35) Notwithstanding any other provision of State law to
19the contrary, on or after July 1, 2013 and through June 30,
202014, in addition to any other transfers that may be provided
21for by law, at the direction of and upon notification from the
22Director of Central Management Services, the State Comptroller
23shall direct and the State Treasurer shall transfer amounts
24into the Professional Services Fund from the designated funds
25not exceeding the following totals:
26    Financial Institution Fund........................$2,500

 

 

09800SB0220ham002- 25 -LRB098 04693 JWD 60443 a

1    General Professions Dedicated Fund................$2,000
2    Illinois Veterans' Rehabilitation Fund.............$2,300
3    State Boating Act Fund.............................$5,500
4    State Parks Fund...................................$4,800
5    Agricultural Premium Fund..........................$9,900
6    Fire Prevention Fund..............................$10,300
7    Mental Health Fund................................$14,000
8    Illinois State Pharmacy Disciplinary Fund...........$600
9    Radiation Protection Fund..........................$3,400
10    Solid Waste Management Fund........................$7,600
11    Illinois Gaming Law Enforcement Fund.................$800
12    Subtitle D Management Fund...........................$700
13    Illinois State Medical Disciplinary Fund...........$2,000
14    Weights and Measures Fund.........................$20,300
15    ICJIA Violence Prevention Fund.......................$900
16    Capital Development Board Revolving Fund...........$3,100
17    DCFS Children's Services Fund....................$175,500
18    Illinois Health Facilities Planning Fund.............$800
19    Emergency Public Health Fund.......................$1,400
20    Nursing Dedicated and Professional Fund............$1,200
21    State Rail Freight Loan Repayment Fund.............$2,300
22    Drunk and Drugged Driving Prevention Fund............$800
23    Community Water Supply Laboratory Fund...............$500
24    Used Tire Management Fund.........................$2,700
25    Natural Areas Acquisition Fund.....................$3,000
26    Open Space Lands Acquisition and Development Fund..$7,300

 

 

09800SB0220ham002- 26 -LRB098 04693 JWD 60443 a

1    Working Capital Revolving Fund....................$22,900
2    State Garage Revolving Fund.......................$22,100
3    Statistical Services Revolving Fund...............$67,100
4    Communications Revolving Fund.....................$56,900
5    Facilities Management Revolving Fund..............$84,400
6    Public Health Laboratory Services Revolving Fund ....$300
7    Lead Poisoning Screening, Prevention, and
8        Abatement Fund.................................$1,300
9    Tax Compliance and Administration Fund.............$1,700
10    Illinois State Fair Fund...........................$2,300
11    Department of Corrections Reimbursement
12        and Education Fund...........................$14,700
13    Illinois Historic Sites Fund.........................$900
14    Pesticide Control Fund.............................$2,000
15    Partners for Conservation Fund.....................$3,300
16    International Tourism Fund.........................$1,200
17    Horse Racing Fund..................................$3,100
18    Motor Carrier Safety Inspection Fund...............$1,000
19    Illinois Thoroughbred Breeders Fund................$1,000
20    Illinois Clean Water Fund..........................$7,400
21    Child Support Administrative Fund.................$82,100
22    Tourism Promotion Fund............................$15,200
23    Presidential Library and Museum
24        Operating Fund.................................$4,600
25    Dram Shop Fund.....................................$3,200
26    Cycle Rider Safety Training Fund...................$2,100

 

 

09800SB0220ham002- 27 -LRB098 04693 JWD 60443 a

1    State Police Services Fund.........................$8,500
2    Metabolic Screening and Treatment Fund.............$6,000
3    Insurance Producer Administration Fund.............$6,700
4    Coal Technology Development Assistance Fund........$6,900
5    Environmental Protection Permit
6        and Inspection Fund ...........................$3,800
7    Park and Conservation Fund.........................$7,500
8    Local Tourism Fund.................................$5,100
9    Illinois Capital Revolving Loan Fund.................$400
10    Adeline Jay Geo-Karis Illinois
11        Beach Marina Fund ...............................$500
12    Insurance Financial Regulation Fund................$8,200
13    Total                                           $740,600
14    (e-40) Notwithstanding any other provision of State law to
15the contrary and in addition to any other transfers that may be
16provided for by law, the State Comptroller shall direct and the
17State Treasurer shall transfer from the funds specified into
18the Professional Services Fund according to the schedule
19specified as follows:
20    General Revenue Fund...........................$6,000,000
21    Road Fund......................................$1,161,700
22    Total                                         $7,161,700
23    (e-45) Notwithstanding any other provision of State law to
24the contrary, on or after July 1, 2014 and through June 30,
252015, in addition to any other transfers that may be provided
26for by law, at the direction of and upon notification from the

 

 

09800SB0220ham002- 28 -LRB098 04693 JWD 60443 a

1Director of Central Management Services, the State Comptroller
2shall direct and the State Treasurer shall transfer amounts
3into the Professional Services Fund from the designated funds
4not exceeding the following totals:
5    Financial Institution Fund.........................$2,500
6    General Professions Dedicated Fund.................$2,000
7    Illinois Veterans' Rehabilitation Fund.............$2,300
8    State Boating Act Fund.............................$5,500
9    State Parks Fund...................................$4,800
10    Agricultural Premium Fund..........................$9,900
11    Fire Prevention Fund..............................$10,300
12    Mental Health Fund................................$14,000
13    Illinois State Pharmacy Disciplinary Fund............$600
14    Radiation Protection Fund..........................$3,400
15    Solid Waste Management Fund........................$7,600
16    Illinois Gaming Law Enforcement Fund.................$800
17    Subtitle D Management Fund...........................$700
18    Illinois State Medical Disciplinary Fund...........$2,000
19    Weights and Measures Fund.........................$20,300
20    ICJIA Violence Prevention Fund.......................$900
21    Capital Development Board Revolving Fund...........$3,100
22    DCFS Children's Services Fund....................$175,500
23    Illinois Health Facilities Planning Fund.............$800
24    Emergency Public Health Fund.......................$1,400
25    Nursing Dedicated and Professional Fund............$1,200
26    State Rail Freight Loan Repayment Fund.............$2,300

 

 

09800SB0220ham002- 29 -LRB098 04693 JWD 60443 a

1    Drunk and Drugged Driving Prevention Fund............$800
2    Community Water Supply Laboratory Fund...............$500
3    Used Tire Management Fund..........................$2,700
4    Natural Areas Acquisition Fund.....................$3,000
5    Open Space Lands Acquisition
6        and Development Fund...........................$7,300
7    Working Capital Revolving Fund....................$22,900
8    State Garage Revolving Fund.......................$22,100
9    Statistical Services Revolving Fund...............$67,100
10    Communications Revolving Fund.....................$56,900
11    Facilities Management Revolving Fund..............$84,400
12    Public Health Laboratory Services
13        Revolving Fund...................................$300
14    Lead Poisoning Screening, Prevention,
15        and Abatement Fund.............................$1,300
16    Tax Compliance and Administration Fund.............$1,700
17    Illinois State Fair Fund...........................$2,300
18    Department of Corrections
19        Reimbursement and Education Fund..............$14,700
20    Illinois Historic Sites Fund.........................$900
21    Pesticide Control Fund.............................$2,000
22    Partners for Conservation Fund.....................$3,300
23    International Tourism Fund.........................$1,200
24    Horse Racing Fund..................................$3,100
25    Motor Carrier Safety Inspection Fund...............$1,000
26    Illinois Thoroughbred Breeders Fund................$1,000

 

 

09800SB0220ham002- 30 -LRB098 04693 JWD 60443 a

1    Illinois Clean Water Fund..........................$7,400
2    Child Support Administrative Fund.................$82,100
3    Tourism Promotion Fund............................$15,200
4    Presidential Library and Museum Operating Fund.....$4,600
5    Dram Shop Fund.....................................$3,200
6    Cycle Rider Safety Training Fund...................$2,100
7    State Police Services Fund.........................$8,500
8    Metabolic Screening and Treatment Fund.............$6,000
9    Insurance Producer Administration Fund.............$6,700
10    Coal Technology Development Assistance Fund........$6,900
11    Environmental Protection Permit
12        and Inspection Fund............................$3,800
13    Park and Conservation Fund.........................$7,500
14    Local Tourism Fund.................................$5,100
15    Illinois Capital Revolving Loan Fund.................$400
16    Adeline Jay Geo-Karis Illinois
17        Beach Marina Fund................................$500
18    Insurance Financial Regulation Fund................$8,200
19    Total                                            $740,600
20    (e-50) Notwithstanding any other provision of State law to
21the contrary and in addition to any other transfers that may be
22provided for by law, the State Comptroller shall direct and the
23State Treasurer shall transfer from the fund specified into the
24Professional Services Fund according to the schedule specified
25as follows:
26    Road Fund......................................$1,161,700

 

 

09800SB0220ham002- 31 -LRB098 04693 JWD 60443 a

1    One-fourth of the specified amount shall be transferred on
2each of July 1 and October 1, 2014, or as soon as may be
3practical thereafter, and one-half of the specified amount
4shall be transferred on January 1, 2015, or as soon as may be
5practical thereafter.
6    (f) The term "professional services" means services
7rendered on behalf of State agencies and other State entities
8pursuant to Section 405-293 of the Department of Central
9Management Services Law of the Civil Administrative Code of
10Illinois.
11(Source: P.A. 97-641, eff. 12-19-11; 98-24, eff. 6-19-13.)
 
12    (30 ILCS 105/6z-64)
13    Sec. 6z-64. The Workers' Compensation Revolving Fund.
14    (a) The Workers' Compensation Revolving Fund is created as
15a revolving fund, not subject to fiscal year limitations, in
16the State treasury. The following moneys shall be deposited
17into the Fund:
18        (1) amounts authorized for transfer to the Fund from
19    the General Revenue Fund and other State funds (except for
20    funds classified by the Comptroller as federal trust funds
21    or State trust funds) pursuant to State law or Executive
22    Order;
23        (2) federal funds received by the Department of Central
24    Management Services (the "Department") as a result of
25    expenditures from the Fund;

 

 

09800SB0220ham002- 32 -LRB098 04693 JWD 60443 a

1        (3) interest earned on moneys in the Fund;
2        (4) receipts or inter-fund transfers resulting from
3    billings issued to State agencies and universities for the
4    cost of workers' compensation services that are not
5    compensated through the specific fund transfers authorized
6    by this Section, if any;
7        (5) amounts received from a State agency or university
8    for workers' compensation payments for temporary total
9    disability, as provided in Section 405-105 of the
10    Department of Central Management Services Law of the Civil
11    Administrative Code of Illinois; and
12        (6) amounts recovered through subrogation in workers'
13    compensation and workers' occupational disease cases.
14    (b) Moneys in the Fund may be used by the Department for
15reimbursement or payment for:
16        (1) providing workers' compensation services to State
17    agencies and State universities; or
18        (2) providing for payment of administrative and other
19    expenses (and, beginning January 1, 2013, fees and charges
20    made pursuant to a contract with a private vendor) incurred
21    in providing workers' compensation services. The
22    Department, or any successor agency designated to enter
23    into contracts with one or more private vendors for the
24    administration of the workers' compensation program for
25    State employees pursuant to subsection 10b of Section
26    405-105 of the Department of Central Management Services

 

 

09800SB0220ham002- 33 -LRB098 04693 JWD 60443 a

1    Law of the Civil Administrative Code of Illinois, is
2    authorized to establish one or more special funds, as
3    separate accounts provided by any bank or banks as defined
4    by the Illinois Banking Act, any savings and loan
5    association or associations as defined by the Illinois
6    Savings and Loan Act of 1985, or any credit union as
7    defined by the Illinois Credit Union Act, to be held by the
8    Director outside of the State treasury, for the purpose of
9    receiving the transfer of moneys from the Workers'
10    Compensation Revolving Fund. The Department may promulgate
11    rules further defining the methodology for the transfers.
12    Any interest earned by moneys in the funds or accounts
13    shall be deposited into the Workers' Compensation
14    Revolving Fund. The transferred moneys, and interest
15    accrued thereon, shall be used exclusively for transfers to
16    contracted private vendors or their financial institutions
17    for payments to workers' compensation claimants and
18    providers for workers' compensation services, claims, and
19    benefits pursuant to this Section and subsection 9 of
20    Section 405-105 of the Department of Central Management
21    Services Law of the Civil Administrative Code of Illinois.
22    The transferred moneys, and interest accrued thereon,
23    shall not be used for any other purpose including, but not
24    limited to, reimbursement or payment of administrative
25    fees due the contracted vendor pursuant to its contract or
26    contracts with the Department.

 

 

09800SB0220ham002- 34 -LRB098 04693 JWD 60443 a

1    (c) State agencies may direct the Comptroller to process
2inter-fund transfers or make payment through the voucher and
3warrant process to the Workers' Compensation Revolving Fund in
4satisfaction of billings issued under subsection (a) of this
5Section.
6    (d) Reconciliation. For the fiscal year beginning on July
71, 2004 only, the Director of Central Management Services (the
8"Director") shall order that each State agency's payments and
9transfers made to the Fund be reconciled with actual Fund costs
10for workers' compensation services provided by the Department
11and attributable to the State agency and relevant fund on no
12less than an annual basis. The Director may require reports
13from State agencies as deemed necessary to perform this
14reconciliation.
15    (d-5) Notwithstanding any other provision of State law to
16the contrary, on or after July 1, 2005 and until June 30, 2006,
17in addition to any other transfers that may be provided for by
18law, at the direction of and upon notification of the Director
19of Central Management Services, the State Comptroller shall
20direct and the State Treasurer shall transfer amounts into the
21Workers' Compensation Revolving Fund from the designated funds
22not exceeding the following totals:
23    Mental Health Fund............................$17,694,000
24    Statistical Services Revolving Fund............$1,252,600
25    Department of Corrections Reimbursement
26        and Education Fund.........................$1,198,600

 

 

09800SB0220ham002- 35 -LRB098 04693 JWD 60443 a

1    Communications Revolving Fund....................$535,400
2    Child Support Administrative Fund................$441,900
3    Health Insurance Reserve Fund....................$238,900
4    Fire Prevention Fund.............................$234,100
5    Park and Conservation Fund.......................$142,000
6    Motor Fuel Tax Fund..............................$132,800
7    Illinois Workers' Compensation
8        Commission Operations Fund...................$123,900
9    State Boating Act Fund...........................$112,300
10    Public Utility Fund..............................$106,500
11    State Lottery Fund...............................$101,300
12    Traffic and Criminal Conviction
13        Surcharge Fund................................$88,500
14    State Surplus Property Revolving Fund.............$82,700
15    Natural Areas Acquisition Fund....................$65,600
16    Securities Audit and Enforcement Fund.............$65,200
17    Agricultural Premium Fund.........................$63,400
18    Capital Development Fund..........................$57,500
19    State Gaming Fund.................................$54,300
20    Underground Storage Tank Fund.....................$53,700
21    Illinois State Medical Disciplinary Fund..........$53,000
22    Personal Property Tax Replacement Fund............$53,000
23    General Professions Dedicated Fund...............$51,900
24    Total                                        $23,003,100
25    (d-10) Notwithstanding any other provision of State law to
26the contrary and in addition to any other transfers that may be

 

 

09800SB0220ham002- 36 -LRB098 04693 JWD 60443 a

1provided for by law, on the first day of each calendar quarter
2of the fiscal year beginning July 1, 2005, or as soon as may be
3practical thereafter, the State Comptroller shall direct and
4the State Treasurer shall transfer from each designated fund
5into the Workers' Compensation Revolving Fund amounts equal to
6one-fourth of each of the following totals:
7    General Revenue Fund......................... $34,000,000
8    Road Fund.................................... $25,987,000
9    Total                                        $59,987,000
10    (d-12) Notwithstanding any other provision of State law to
11the contrary and in addition to any other transfers that may be
12provided for by law, on the effective date of this amendatory
13Act of the 94th General Assembly, or as soon as may be
14practical thereafter, the State Comptroller shall direct and
15the State Treasurer shall transfer from each designated fund
16into the Workers' Compensation Revolving Fund the following
17amounts:
18    General Revenue Fund..........................$10,000,000
19    Road Fund......................................$5,000,000
20    Total                                        $15,000,000
21    (d-15) Notwithstanding any other provision of State law to
22the contrary and in addition to any other transfers that may be
23provided for by law, on July 1, 2006, or as soon as may be
24practical thereafter, the State Comptroller shall direct and
25the State Treasurer shall transfer from each designated fund
26into the Workers' Compensation Revolving Fund the following

 

 

09800SB0220ham002- 37 -LRB098 04693 JWD 60443 a

1amounts:
2    General Revenue Fund.........................$44,028,200
3    Road Fund....................................$28,084,000
4    Total                                        $72,112,200
5    (d-20) Notwithstanding any other provision of State law to
6the contrary, on or after July 1, 2006 and until June 30, 2007,
7in addition to any other transfers that may be provided for by
8law, at the direction of and upon notification of the Director
9of Central Management Services, the State Comptroller shall
10direct and the State Treasurer shall transfer amounts into the
11Workers' Compensation Revolving Fund from the designated funds
12not exceeding the following totals:
13    Mental Health Fund............................$19,121,800
14    Statistical Services Revolving Fund............$1,353,700
15    Department of Corrections Reimbursement
16        and Education Fund.........................$1,295,300
17    Communications Revolving Fund....................$578,600
18    Child Support Administrative Fund................$477,600
19    Health Insurance Reserve Fund....................$258,200
20    Fire Prevention Fund.............................$253,000
21    Park and Conservation Fund.......................$153,500
22    Motor Fuel Tax Fund..............................$143,500
23    Illinois Workers' Compensation
24        Commission Operations Fund...................$133,900
25    State Boating Act Fund...........................$121,400
26    Public Utility Fund..............................$115,100

 

 

09800SB0220ham002- 38 -LRB098 04693 JWD 60443 a

1    State Lottery Fund...............................$109,500
2    Traffic and Criminal Conviction Surcharge Fund....$95,700
3    State Surplus Property Revolving Fund.............$89,400
4    Natural Areas Acquisition Fund....................$70,800
5    Securities Audit and Enforcement Fund.............$70,400
6    Agricultural Premium Fund.........................$68,500
7    State Gaming Fund.................................$58,600
8    Underground Storage Tank Fund.....................$58,000
9    Illinois State Medical Disciplinary Fund..........$57,200
10    Personal Property Tax Replacement Fund............$57,200
11    General Professions Dedicated Fund...............$56,100
12    Total                                        $24,797,000
13    (d-25) Notwithstanding any other provision of State law to
14the contrary and in addition to any other transfers that may be
15provided for by law, on July 1, 2009, or as soon as may be
16practical thereafter, the State Comptroller shall direct and
17the State Treasurer shall transfer from each designated fund
18into the Workers' Compensation Revolving Fund the following
19amounts:
20    General Revenue Fund.........................$55,000,000
21    Road Fund....................................$34,803,000
22    Total                                        $89,803,000
23    (d-30) Notwithstanding any other provision of State law to
24the contrary, on or after July 1, 2009 and until June 30, 2010,
25in addition to any other transfers that may be provided for by
26law, at the direction of and upon notification of the Director

 

 

09800SB0220ham002- 39 -LRB098 04693 JWD 60443 a

1of Central Management Services, the State Comptroller shall
2direct and the State Treasurer shall transfer amounts into the
3Workers' Compensation Revolving Fund from the designated funds
4not exceeding the following totals:
5    Food and Drug Safety Fund.........................$13,900
6    Teacher Certificate Fee Revolving Fund.............$6,500
7    Transportation Regulatory Fund....................$14,500
8    Financial Institution Fund........................$25,200
9    General Professions Dedicated Fund................$25,300
10    Illinois Veterans' Rehabilitation Fund............$64,600
11    State Boating Act Fund...........................$177,100
12    State Parks Fund.................................$104,300
13    Lobbyist Registration Administration Fund.........$14,400
14    Agricultural Premium Fund.........................$79,100
15    Fire Prevention Fund.............................$360,200
16    Mental Health Fund.............................$9,725,200
17    Illinois State Pharmacy Disciplinary Fund..........$5,600
18    Public Utility Fund...............................$40,900
19    Radiation Protection Fund.........................$14,200
20    Firearm Owner's Notification Fund..................$1,300
21    Solid Waste Management Fund.......................$74,100
22    Illinois Gaming Law Enforcement Fund..............$17,800
23    Subtitle D Management Fund........................$14,100
24    Illinois State Medical Disciplinary Fund..........$26,500
25    Facility Licensing Fund...........................$11,700
26    Plugging and Restoration Fund......................$9,100

 

 

09800SB0220ham002- 40 -LRB098 04693 JWD 60443 a

1    Explosives Regulatory Fund.........................$2,300
2    Aggregate Operations Regulatory Fund...............$5,000
3    Coal Mining Regulatory Fund........................$1,900
4    Registered Certified Public Accountants'
5        Administration and Disciplinary Fund...........$1,500
6    Weights and Measures Fund.........................$56,100
7    Division of Corporations Registered
8        Limited Liability Partnership Fund.............$3,900
9    Illinois School Asbestos Abatement Fund...........$14,000
10    Secretary of State Special License Plate Fund.....$30,700
11    Capital Development Board Revolving Fund..........$27,000
12    DCFS Children's Services Fund.....................$69,300
13    Asbestos Abatement Fund...........................$17,200
14    Illinois Health Facilities Planning Fund..........$26,800
15    Emergency Public Health Fund.......................$5,600
16    Nursing Dedicated and Professional Fund...........$10,000
17    Optometric Licensing and Disciplinary
18        Board Fund.....................................$1,600
19    Underground Resources Conservation
20        Enforcement Fund..............................$11,500
21    Drunk and Drugged Driving Prevention Fund.........$18,200
22    Long Term Care Monitor/Receiver Fund..............$35,400
23    Community Water Supply Laboratory Fund.............$5,600
24    Securities Investors Education Fund................$2,000
25    Used Tire Management Fund.........................$32,400
26    Natural Areas Acquisition Fund...................$101,200

 

 

09800SB0220ham002- 41 -LRB098 04693 JWD 60443 a

1    Open Space Lands Acquisition
2        and Development Fund..................$28,400
3    Working Capital Revolving Fund...................$489,100
4    State Garage Revolving Fund......................$791,900
5    Statistical Services Revolving Fund............$3,984,700
6    Communications Revolving Fund..................$1,432,800
7    Facilities Management Revolving Fund...........$1,911,600
8    Professional Services Fund.......................$483,600
9    Motor Vehicle Review Board Fund...................$15,000
10    Environmental Laboratory Certification Fund........$3,000
11    Public Health Laboratory Services
12        Revolving Fund.................................$2,500
13    Lead Poisoning Screening, Prevention,
14        and Abatement Fund............................$28,200
15    Securities Audit and Enforcement Fund............$258,400
16    Department of Business Services
17        Special Operations Fund......................$111,900
18    Feed Control Fund.................................$20,800
19    Tanning Facility Permit Fund.......................$5,400
20    Plumbing Licensure and Program Fund...............$24,400
21    Tax Compliance and Administration Fund............$27,200
22    Appraisal Administration Fund......................$2,400
23    Small Business Environmental Assistance Fund.......$2,200
24    Illinois State Fair Fund..........................$31,400
25    Secretary of State Special Services Fund.........$317,600
26    Department of Corrections Reimbursement

 

 

09800SB0220ham002- 42 -LRB098 04693 JWD 60443 a

1        and Education Fund...........................$324,500
2    Health Facility Plan Review Fund..................$31,200
3    Illinois Historic Sites Fund......................$11,500
4    Attorney General Court Ordered and Voluntary
5        Compliance Payment Projects Fund..............$18,500
6    Public Pension Regulation Fund.....................$5,600
7    Illinois Charity Bureau Fund......................$11,400
8    Renewable Energy Resources Trust Fund..............$6,700
9    Energy Efficiency Trust Fund.......................$3,600
10    Pesticide Control Fund............................$56,800
11    Attorney General Whistleblower Reward
12        and Protection Fund...........................$14,200
13    Partners for Conservation Fund....................$36,900
14    Capital Litigation Trust Fund........................$800
15    Motor Vehicle License Plate Fund..................$99,700
16    Horse Racing Fund.................................$18,900
17    Death Certificate Surcharge Fund..................$12,800
18    Auction Regulation Administration Fund...............$500
19    Motor Carrier Safety Inspection Fund..............$55,800
20    Assisted Living and Shared Housing
21        Regulatory Fund..................................$900
22    Illinois Thoroughbred Breeders Fund................$9,200
23    Illinois Clean Water Fund.........................$42,300
24    Secretary of State DUI Administration Fund........$16,100
25    Child Support Administrative Fund..............$1,037,900
26    Secretary of State Police Services Fund............$1,200

 

 

09800SB0220ham002- 43 -LRB098 04693 JWD 60443 a

1    Tourism Promotion Fund............................$34,400
2    IMSA Income Fund..................................$12,700
3    Presidential Library and Museum Operating Fund....$83,000
4    Dram Shop Fund....................................$44,500
5    Illinois State Dental Disciplinary Fund............$5,700
6    Cycle Rider Safety Training Fund...................$8,700
7    Traffic and Criminal Conviction Surcharge Fund...$106,100
8    Design Professionals Administration
9        and Investigation Fund.........................$4,500
10    State Police Services Fund.......................$276,100
11    Metabolic Screening and Treatment Fund............$90,800
12    Insurance Producer Administration Fund............$45,600
13    Coal Technology Development Assistance Fund.......$11,700
14    Hearing Instrument Dispenser Examining
15        and Disciplinary Fund..........................$1,900
16    Low-Level Radioactive Waste Facility
17        Development and Operation Fund.................$1,000
18    Environmental Protection Permit and
19        Inspection Fund...............................$66,900
20    Park and Conservation Fund.......................$199,300
21    Local Tourism Fund.................................$2,400
22    Illinois Capital Revolving Loan Fund..............$10,000
23    Large Business Attraction Fund.......................$100
24    Adeline Jay Geo-Karis Illinois Beach
25        Marina Fund...................................$27,200
26    Public Infrastructure Construction

 

 

09800SB0220ham002- 44 -LRB098 04693 JWD 60443 a

1        Loan Revolving Fund............................$1,700
2    Insurance Financial Regulation Fund...............$69,200
3    Total                                        $24,197,800
4    (d-35) Notwithstanding any other provision of State law to
5the contrary and in addition to any other transfers that may be
6provided for by law, on July 1, 2010, or as soon as may be
7practical thereafter, the State Comptroller shall direct and
8the State Treasurer shall transfer from each designated fund
9into the Workers' Compensation Revolving Fund the following
10amounts:
11    General Revenue Fund.........................$55,000,000
12    Road Fund....................................$50,955,300
13    Total                                       $105,955,300
14    (d-40) Notwithstanding any other provision of State law to
15the contrary, on or after July 1, 2010 and until June 30, 2011,
16in addition to any other transfers that may be provided for by
17law, at the direction of and upon notification of the Director
18of Central Management Services, the State Comptroller shall
19direct and the State Treasurer shall transfer amounts into the
20Workers' Compensation Revolving Fund from the designated funds
21not exceeding the following totals:
22    Food and Drug Safety Fund.........................$8,700
23    Financial Institution Fund.......................$44,500
24    General Professions Dedicated Fund...............$51,400
25    Live and Learn Fund..............................$10,900
26    Illinois Veterans' Rehabilitation Fund..........$106,000

 

 

09800SB0220ham002- 45 -LRB098 04693 JWD 60443 a

1    State Boating Act Fund..........................$288,200
2    State Parks Fund................................$185,900
3    Wildlife and Fish Fund........................$1,550,300
4    Lobbyist Registration Administration Fund........$18,100
5    Agricultural Premium Fund.......................$176,100
6    Mental Health Fund..............................$291,900
7    Firearm Owner's Notification Fund.................$2,300
8    Illinois Gaming Law Enforcement Fund.............$11,300
9    Illinois State Medical Disciplinary Fund.........$42,300
10    Facility Licensing Fund..........................$14,200
11    Plugging and Restoration Fund....................$15,600
12    Explosives Regulatory Fund........................$4,800
13    Aggregate Operations Regulatory Fund..............$6,000
14    Coal Mining Regulatory Fund.......................$7,200
15    Registered Certified Public Accountants'
16        Administration and Disciplinary Fund..........$1,900
17    Weights and Measures Fund.......................$105,200
18    Division of Corporations Registered
19        Limited Liability Partnership Fund............$5,300
20    Illinois School Asbestos Abatement Fund..........$19,900
21    Secretary of State Special License Plate Fund....$38,700
22    DCFS Children's Services Fund...................$123,100
23    Illinois Health Facilities Planning Fund.........$29,700
24    Emergency Public Health Fund......................$6,800
25    Nursing Dedicated and Professional Fund..........$13,500
26    Optometric Licensing and Disciplinary

 

 

09800SB0220ham002- 46 -LRB098 04693 JWD 60443 a

1        Board Fund....................................$1,800
2    Underground Resources Conservation
3        Enforcement Fund.............................$16,500
4    Mandatory Arbitration Fund........................$5,400
5    Drunk and Drugged Driving Prevention Fund........$26,400
6    Long Term Care Monitor/Receiver Fund.............$43,800
7    Securities Investors Education Fund..............$28,500
8    Used Tire Management Fund.........................$6,300
9    Natural Areas Acquisition Fund..................$185,000
10    Open Space Lands Acquisition and
11        Development Fund.............................$46,800
12    Working Capital Revolving Fund..................$741,500
13    State Garage Revolving Fund.....................$356,200
14    Statistical Services Revolving Fund...........$1,775,900
15    Communications Revolving Fund...................$630,600
16    Facilities Management Revolving Fund............$870,800
17    Professional Services Fund......................$275,500
18    Motor Vehicle Review Board Fund..................$12,900
19    Public Health Laboratory Services
20        Revolving Fund................................$5,300
21    Lead Poisoning Screening, Prevention,
22        and Abatement Fund...........................$42,100
23    Securities Audit and Enforcement Fund...........$162,700
24    Department of Business Services
25        Special Operations Fund.....................$143,700
26    Feed Control Fund................................$32,300

 

 

09800SB0220ham002- 47 -LRB098 04693 JWD 60443 a

1    Tanning Facility Permit Fund......................$3,900
2    Plumbing Licensure and Program Fund..............$32,600
3    Tax Compliance and Administration Fund...........$48,400
4    Appraisal Administration Fund.....................$3,600
5    Illinois State Fair Fund.........................$30,200
6    Secretary of State Special Services Fund........$214,400
7    Department of Corrections Reimbursement
8        and Education Fund..........................$438,300
9    Health Facility Plan Review Fund.................$29,900
10    Public Pension Regulation Fund....................$9,900
11    Pesticide Control Fund..........................$107,500
12    Partners for Conservation Fund..................$189,300
13    Motor Vehicle License Plate Fund................$143,800
14    Horse Racing Fund................................$20,900
15    Death Certificate Surcharge Fund.................$16,800
16    Auction Regulation Administration Fund............$1,000
17    Motor Carrier Safety Inspection Fund.............$56,800
18    Assisted Living and Shared Housing
19        Regulatory Fund...............................$2,200
20    Illinois Thoroughbred Breeders Fund..............$18,100
21    Secretary of State DUI Administration Fund.......$19,800
22    Child Support Administrative Fund.............$1,809,500
23    Secretary of State Police Services Fund...........$2,500
24    Medical Special Purposes Trust Fund..............$20,400
25    Dram Shop Fund...................................$57,200
26    Illinois State Dental Disciplinary Fund...........$9,500

 

 

09800SB0220ham002- 48 -LRB098 04693 JWD 60443 a

1    Cycle Rider Safety Training Fund.................$12,200
2    Traffic and Criminal Conviction Surcharge Fund..$128,900
3    Design Professionals Administration
4        and Investigation Fund........................$7,300
5    State Police Services Fund......................$335,700
6    Metabolic Screening and Treatment Fund...........$81,600
7    Insurance Producer Administration Fund...........$77,000
8    Hearing Instrument Dispenser Examining
9        and Disciplinary Fund.........................$1,900
10    Park and Conservation Fund......................$361,500
11    Adeline Jay Geo-Karis Illinois Beach
12        Marina Fund..................................$42,800
13    Insurance Financial Regulation Fund.............$108,000
14    Total                                        $13,033,200
15    (d-45) Notwithstanding any other provision of State law to
16the contrary and in addition to any other transfers that may be
17provided for by law, on July 1, 2011, or as soon as may be
18practical thereafter, the State Comptroller shall direct and
19the State Treasurer shall transfer the sum of $45,000,000 from
20the General Revenue Fund into the Workers' Compensation
21Revolving Fund.
22    (d-50) Notwithstanding any other provision of State law to
23the contrary and in addition to any other transfers that may be
24provided for by law, on July 1, 2014, or as soon as may be
25practical thereafter, the State Comptroller shall direct and
26the State Treasurer shall transfer from the designated fund

 

 

09800SB0220ham002- 49 -LRB098 04693 JWD 60443 a

1into the Workers' Compensation Revolving Fund the following
2amounts:
3    Road Fund.....................................$19,714,700
4    (d-55) Notwithstanding any other provision of State law to
5the contrary, on or after July 1, 2014 and until June 30, 2015,
6in addition to any other transfers that may be provided for by
7law, at the direction of and upon notification of the Director
8of Central Management Services, the State Comptroller shall
9direct and the State Treasurer shall transfer amounts into the
10Workers' Compensation Revolving Fund from the designated funds
11not exceeding the following totals:
12    Food and Drug Safety Fund..........................$5,300
13    Teacher Certificate Fee Revolving Fund.............$2,100
14    Transportation Regulatory Fund.....................$5,500
15    Financial Institution Fund........................$28,400
16    General Professions Dedicated Fund................$21,600
17    Illinois Veterans' Rehabilitation Fund............$53,200
18    State Boating Act Fund...........................$117,500
19    State Parks Fund..................................$82,400
20    Wildlife and Fish Fund...........................$631,500
21    Lobbyist Registration Administration Fund.........$12,200
22    Agricultural Premium Fund.........................$43,400
23    Fire Prevention Fund.............................$194,800
24    Mental Health Fund...............................$114,800
25    Illinois State Pharmacy Disciplinary Fund..........$6,700
26    Public Utility Fund...............................$13,900

 

 

09800SB0220ham002- 50 -LRB098 04693 JWD 60443 a

1    Radiation Protection Fund.........................$21,600
2    Firearm Owner's Notification Fund..................$3,100
3    Solid Waste Management Fund.......................$76,300
4    Illinois Gaming Law Enforcement Fund...............$7,500
5    Subtitle D Management Fund.........................$6,900
6    Illinois State Medical Disciplinary Fund..........$22,300
7    Facility Licensing Fund............................$5,200
8    Plugging and Restoration Fund......................$8,900
9    Explosives Regulatory Fund.........................$1,500
10    Aggregate Operations Regulatory Fund...............$2,400
11    Coal Mining Regulatory Fund.......................$49,400
12    Registered Certified Public Accountants'
13        Administration and Disciplinary Fund...........$1,200
14    Weights and Measures Fund.........................$52,600
15    Division of Corporations Registered
16        Limited Liability Partnership Fund.............$1,800
17    Illinois School Asbestos Abatement Fund............$4,600
18    Secretary of State Special License Plate Fund.....$11,800
19    Capital Development Board Revolving Fund...........$4,100
20    DCFS Children's Services Fund.....................$63,500
21    Asbestos Abatement Fund............................$6,400
22    Illinois Health Facilities Planning Fund..........$12,200
23    Emergency Public Health Fund.......................$3,300
24    Nursing Dedicated and Professional Fund............$9,200
25    Optometric Licensing and Disciplinary
26        Board Fund.......................................$900

 

 

09800SB0220ham002- 51 -LRB098 04693 JWD 60443 a

1    Underground Resources Conservation
2        Enforcement Fund..............................$10,500
3    Mandatory Arbitration Fund...........................$600
4    Drunk and Drugged Driving Prevention Fund.........$11,600
5    Long Term Care Monitor/Receiver Fund..............$34,200
6    Community Water Supply Laboratory Fund.............$3,900
7    Securities Investors Education Fund................$1,100
8    Used Tire Management Fund.........................$26,700
9    Natural Areas Acquisition Fund....................$72,300
10    Open Space Lands Acquisition and
11        Development Fund..............................$20,500
12    Working Capital Revolving Fund...................$487,900
13    State Garage Revolving Fund......................$197,300
14    Statistical Services Revolving Fund..............$812,500
15    Communications Revolving Fund....................$317,000
16    Facilities Management Revolving Fund.............$400,700
17    Professional Services Fund........................$71,100
18    Motor Vehicle Review Board Fund....................$4,800
19    Environmental Laboratory Certification Fund........$2,400
20    Lead Poisoning Screening, Prevention,
21        and Abatement Fund............................$15,700
22    Securities Audit and Enforcement Fund............$125,000
23    Department of Business Services
24        Special Operations Fund.......................$60,000
25    Feed Control Fund.................................$19,600
26    Tanning Facility Permit Fund.........................$100

 

 

09800SB0220ham002- 52 -LRB098 04693 JWD 60443 a

1    Plumbing Licensure and Program Fund...............$12,000
2    Tax Compliance and Administration Fund............$19,500
3    Appraisal Administration Fund......................$2,400
4    Small Business Environmental Assistance Fund.......$6,000
5    Illinois State Fair Fund.............................$700
6    Secretary of State Special Services Fund..........$90,800
7    Department of Corrections Reimbursement
8        and Education Fund...........................$293,300
9    Health Facility Plan Review Fund..................$12,500
10    Illinois Historic Sites Fund......................$19,000
11    Attorney General Court Ordered and Voluntary
12        Compliance Payment Projects Fund..............$17,900
13    Public Pension Regulation Fund.....................$2,000
14    Illinois Charity Bureau Fund.......................$4,000
15    Renewable Energy Resources Trust Fund..............$8,800
16    Energy Efficiency Trust Fund.......................$5,200
17    Pesticide Control Fund............................$52,900
18    Attorney General Whistleblower Reward
19        and Protection Fund...........................$10,300
20    Partners for Conservation Fund....................$37,700
21    Motor Vehicle License Plate Fund..................$11,500
22    Death Certificate Surcharge Fund...................$1,000
23    Motor Carrier Safety Inspection Fund..............$25,900
24    Assisted Living and Shared Housing
25        Regulatory Fund................................$2,300
26    Illinois Thoroughbred Breeders Fund................$7,100

 

 

09800SB0220ham002- 53 -LRB098 04693 JWD 60443 a

1    Illinois Clean Water Fund.........................$72,200
2    Secretary of State DUI Administration Fund.........$7,700
3    Child Support Administrative Fund................$744,000
4    Secretary of State Police Services Fund..............$600
5    Tourism Promotion Fund............................$98,100
6    IMSA Income Fund..................................$12,800
7    Presidential Library and Museum
8        Operating Fund...............................$145,800
9    Dram Shop Fund....................................$35,600
10    Illinois State Dental Disciplinary Fund............$4,100
11    Cycle Rider Safety Training Fund...................$9,500
12    Traffic and Criminal Conviction Surcharge Fund....$53,100
13    Design Professionals Administration
14        and Investigation Fund.........................$4,200
15    State Police Services Fund.......................$123,100
16    Metabolic Screening and Treatment Fund............$42,700
17    Insurance Producer Administration Fund............$18,300
18    Coal Technology Development Assistance Fund.......$22,500
19    Violent Crime Victims Assistance Fund..............$4,700
20    Hearing Instrument Dispenser Examining
21        and Disciplinary Fund............................$500
22    Low-Level Radioactive Waste Facility
23        Development and Operation Fund.................$1,700
24    Environmental Protection Permit
25        and Inspection Fund...........................$45,300
26    Park and Conservation Fund.......................$165,700

 

 

09800SB0220ham002- 54 -LRB098 04693 JWD 60443 a

1    Illinois Capital Revolving Loan Fund..............$14,800
2    Adeline Jay Geo-Karis Illinois Beach
3        Marina Fund......................................$800
4    Insurance Financial Regulation Fund...............$23,800
5    Total                                          $6,699,900
6    (e) The term "workers' compensation services" means
7services, claims expenses, and related administrative costs
8incurred in performing the duties under Sections 405-105 and
9405-411 of the Department of Central Management Services Law of
10the Civil Administrative Code of Illinois.
11(Source: P.A. 97-641, eff. 12-19-11; 97-895, eff. 8-3-12;
1298-307, eff. 8-12-13.)
 
13    (30 ILCS 105/6z-70)
14    Sec. 6z-70. The Secretary of State Identification Security
15and Theft Prevention Fund.
16    (a) The Secretary of State Identification Security and
17Theft Prevention Fund is created as a special fund in the State
18treasury. The Fund shall consist of any fund transfers, grants,
19fees, or moneys from other sources received for the purpose of
20funding identification security and theft prevention measures.
21    (b) All moneys in the Secretary of State Identification
22Security and Theft Prevention Fund shall be used, subject to
23appropriation, for any costs related to implementing
24identification security and theft prevention measures.
25    (c) Notwithstanding any other provision of State law to the

 

 

09800SB0220ham002- 55 -LRB098 04693 JWD 60443 a

1contrary, on or after July 1, 2007, and until June 30, 2008, in
2addition to any other transfers that may be provided for by
3law, at the direction of and upon notification of the Secretary
4of State, the State Comptroller shall direct and the State
5Treasurer shall transfer amounts into the Secretary of State
6Identification Security and Theft Prevention Fund from the
7designated funds not exceeding the following 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    (d) Notwithstanding any other provision of State law to the
16contrary, on or after July 1, 2008, and until June 30, 2009, in
17addition to any other transfers that may be provided for by
18law, at the direction of and upon notification of the Secretary
19of State, the State Comptroller shall direct and the State
20Treasurer shall transfer amounts into the Secretary of State
21Identification Security and Theft Prevention Fund from the
22designated funds not exceeding the following totals:
23    Lobbyist Registration Administration Fund........$100,000
24    Registered Limited Liability Partnership Fund.....$75,000
25    Securities Investors Education Fund..............$500,000
26    Securities Audit and Enforcement Fund..........$5,725,000

 

 

09800SB0220ham002- 56 -LRB098 04693 JWD 60443 a

1    Department of Business Services
2        Special Operations Fund...................$3,000,000
3    Corporate Franchise Tax Refund Fund............$3,000,000
4    State Parking Facility Maintenance Fund.........$100,000
5    (e) Notwithstanding any other provision of State law to the
6contrary, on or after July 1, 2009, and until June 30, 2010, in
7addition to any other transfers that may be provided for by
8law, at the direction of and upon notification of the Secretary
9of State, the State Comptroller shall direct and the State
10Treasurer shall transfer amounts into the Secretary of State
11Identification Security and Theft Prevention Fund from the
12designated funds not exceeding the following totals:
13    Lobbyist Registration Administration Fund.......$100,000
14    Registered Limited Liability Partnership Fund...$175,000
15    Securities Investors Education Fund.............$750,000
16    Securities Audit and Enforcement Fund...........$750,000
17    Department of Business Services
18        Special Operations Fund...................$3,000,000
19    Corporate Franchise Tax Refund Fund...........$3,000,000
20    State Parking Facility Maintenance Fund.........$100,000
21    (f) Notwithstanding any other provision of State law to the
22contrary, on or after July 1, 2010, and until June 30, 2011, in
23addition to any other transfers that may be provided for by
24law, at the direction of and upon notification of the Secretary
25of State, the State Comptroller shall direct and the State
26Treasurer shall transfer amounts into the Secretary of State

 

 

09800SB0220ham002- 57 -LRB098 04693 JWD 60443 a

1Identification Security and Theft Prevention Fund from the
2designated funds not exceeding the following totals:
3    Registered Limited Liability Partnership Fund...$287,000
4    Securities Investors Education Board............$750,000
5    Securities Audit and Enforcement Fund...........$750,000
6    Department of Business Services Special
7        Operations Fund...........................$3,000,000
8    Corporate Franchise Tax Refund Fund...........$3,000,000
9    (g) Notwithstanding any other provision of State law to the
10contrary, on or after July 1, 2011, and until June 30, 2012, in
11addition to any other transfers that may be provided for by
12law, at the direction of and upon notification of the Secretary
13of State, the State Comptroller shall direct and the State
14Treasurer shall transfer amounts into the Secretary of State
15Identification Security and Theft Prevention Fund from the
16designated funds not exceeding the following totals:
17    Division of Corporations Registered
18        Limited Liability Partnership Fund...........$287,000
19    Securities Investors Education Fund..............$750,000
20    Securities Audit and Enforcement Fund..........$3,500,000
21    Department of Business Services
22        Special Operations Fund....................$3,000,000
23    Corporate Franchise Tax Refund Fund...........$3,000,000
24    (h) Notwithstanding any other provision of State law to the
25contrary, on or after the effective date of this amendatory Act
26of the 98th General Assembly, and until June 30, 2014, in

 

 

09800SB0220ham002- 58 -LRB098 04693 JWD 60443 a

1addition to any other transfers that may be provided for by
2law, at the direction of and upon notification from the
3Secretary of State, the State Comptroller shall direct and the
4State Treasurer shall transfer amounts into the Secretary of
5State Identification Security and Theft Prevention Fund from
6the designated funds not exceeding the following totals:
7    Division of Corporations Registered Limited
8        Liability Partnership Fund..................$287,000
9    Securities Investors Education Fund...........$1,500,000
10    Department of Business Services Special
11        Operations Fund...........................$3,000,000
12    Securities Audit and Enforcement Fund.........$3,500,000
13    Corporate Franchise Tax Refund Fund...........$3,000,000
14    (i) Notwithstanding any other provision of State law to the
15contrary, on or after the effective date of this amendatory Act
16of the 98th General Assembly, and until June 30, 2015, in
17addition to any other transfers that may be provided for by
18law, at the direction of and upon notification of the Secretary
19of State, the State Comptroller shall direct and the State
20Treasurer shall transfer amounts into the Secretary of State
21Identification Security and Theft Prevention Fund from the
22designated funds not exceeding the following totals:
23    Division of Corporations Registered Limited
24        Liability Partnership Fund...................$287,000
25    Securities Investors Education Fund............$1,500,000
26    Department of Business Services

 

 

09800SB0220ham002- 59 -LRB098 04693 JWD 60443 a

1        Special Operations Fund....................$3,000,000
2    Securities Audit and Enforcement Fund..........$3,500,000
3    Corporate Franchise Tax Refund Fund............$3,000,000
4(Source: P.A. 97-72, eff. 7-1-11; 98-24, eff. 6-19-13.)
 
5    (30 ILCS 105/6z-100 new)
6    Sec. 6z-100. Capital Development Board Revolving Fund;
7payments into and use. All monies received by the Capital
8Development Board for publications or copies issued by the
9Board, and all monies received for contract administration
10fees, charges, or reimbursements owing to the Board shall be
11deposited into a special fund known as the Capital Development
12Board Revolving Fund, which is hereby created in the State
13Treasury. The monies in this Fund shall be used by the Capital
14Development Board, as appropriated, for expenditures for
15personal services, retirement, social security, contractual
16services, legal services, travel, commodities, printing,
17equipment, electronic data processing, or telecommunications.
18Unexpended moneys in the Fund shall not be transferred or
19allocated by the Comptroller or Treasurer to any other fund,
20nor shall the Governor authorize the transfer or allocation of
21those moneys to any other fund. This Section is repealed July
221, 2016.
 
23    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
24    Sec. 8.3. Money in the Road Fund shall, if and when the

 

 

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

 

 

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

 

 

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1    expenses; or, during fiscal year 2015 only, for the
2    purposes of a grant not to exceed $3,825,000 to the
3    Regional Transportation Authority on behalf of PACE for the
4    purpose of ADA/Para-transit expenses; or for any of those
5    purposes or any other purpose that may be provided by law.
6    Appropriations for any of those purposes are payable from
7the Road Fund. Appropriations may also be made from the Road
8Fund for the administrative expenses of any State agency that
9are related to motor vehicles or arise from the use of motor
10vehicles.
11    Beginning with fiscal year 1980 and thereafter, no Road
12Fund monies shall be appropriated to the following Departments
13or agencies of State government for administration, grants, or
14operations; but this limitation is not a restriction upon
15appropriating for those purposes any Road Fund monies that are
16eligible for federal reimbursement;
17        1. Department of Public Health;
18        2. Department of Transportation, only with respect to
19    subsidies for one-half fare Student Transportation and
20    Reduced Fare for Elderly, except during fiscal year 2012
21    only when no more than $40,000,000 may be expended and
22    except during fiscal year 2013 only when no more than
23    $17,570,300 may be expended and except during fiscal year
24    2014 only when no more than $17,570,000 may be expended and
25    except during fiscal year 2015 only when no more than
26    $17,570,000 may be expended;

 

 

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1        3. Department of Central Management Services, except
2    for expenditures incurred for group insurance premiums of
3    appropriate personnel;
4        4. Judicial Systems and Agencies.
5    Beginning with fiscal year 1981 and thereafter, no Road
6Fund monies shall be appropriated to the following Departments
7or agencies of State government for administration, grants, or
8operations; but this limitation is not a restriction upon
9appropriating for those purposes any Road Fund monies that are
10eligible for federal reimbursement:
11        1. Department of State Police, except for expenditures
12    with respect to the Division of Operations;
13        2. Department of Transportation, only with respect to
14    Intercity Rail Subsidies, except during fiscal year 2012
15    only when no more than $40,000,000 may be expended and
16    except during fiscal year 2013 only when no more than
17    $26,000,000 may be expended and except during fiscal year
18    2014 only when no more than $38,000,000 may be expended and
19    except during fiscal year 2015 only when no more than
20    $42,000,000 may be expended, and Rail Freight Services.
21    Beginning with fiscal year 1982 and thereafter, no Road
22Fund monies shall be appropriated to the following Departments
23or agencies of State government for administration, grants, or
24operations; but this limitation is not a restriction upon
25appropriating for those purposes any Road Fund monies that are
26eligible for federal reimbursement: Department of Central

 

 

09800SB0220ham002- 64 -LRB098 04693 JWD 60443 a

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

 

 

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1permanent highways, be set aside and used for the purpose of
2paying and discharging during each fiscal year the principal
3and interest on that bonded indebtedness as it becomes due and
4payable as provided in the Transportation Bond Act, and for no
5other purpose. The surplus, if any, in the Road Fund after the
6payment of principal and interest on that bonded indebtedness
7then annually due shall be used as follows:
8        first -- to pay the cost of administration of Chapters
9    2 through 10 of the Illinois Vehicle Code; and
10        secondly -- no Road Fund monies derived from fees,
11    excises, or license taxes relating to registration,
12    operation and use of vehicles on public highways or to
13    fuels used for the propulsion of those vehicles, shall be
14    appropriated or expended other than for costs of
15    administering the laws imposing those fees, excises, and
16    license taxes, statutory refunds and adjustments allowed
17    thereunder, administrative costs of the Department of
18    Transportation, including, but not limited to, the
19    operating expenses of the Department relating to the
20    administration of public transportation programs, payment
21    of debts and liabilities incurred in construction and
22    reconstruction of public highways and bridges, acquisition
23    of rights-of-way for and the cost of construction,
24    reconstruction, maintenance, repair, and operation of
25    public highways and bridges under the direction and
26    supervision of the State, political subdivision, or

 

 

09800SB0220ham002- 66 -LRB098 04693 JWD 60443 a

1    municipality collecting those monies, or during fiscal
2    year 2012 only for the purposes of a grant not to exceed
3    $8,500,000 to the Regional Transportation Authority on
4    behalf of PACE for the purpose of ADA/Para-transit
5    expenses, or during fiscal year 2013 only for the purposes
6    of a grant not to exceed $3,825,000 to the Regional
7    Transportation Authority on behalf of PACE for the purpose
8    of ADA/Para-transit expenses, or during fiscal year 2014
9    only for the purposes of a grant not to exceed $3,825,000
10    to the Regional Transportation Authority on behalf of PACE
11    for the purpose of ADA/Para-transit expenses, or during
12    fiscal year 2015 only for the purposes of a grant not to
13    exceed $3,825,000 to the Regional Transportation Authority
14    on behalf of PACE for the purpose of ADA/Para-transit
15    expenses, and the costs for patrolling and policing the
16    public highways (by State, political subdivision, or
17    municipality collecting that money) for enforcement of
18    traffic laws. The separation of grades of such highways
19    with railroads and costs associated with protection of
20    at-grade highway and railroad crossing shall also be
21    permissible.
22    Appropriations for any of such purposes are payable from
23the Road Fund or the Grade Crossing Protection Fund as provided
24in Section 8 of the Motor Fuel Tax Law.
25    Except as provided in this paragraph, beginning with fiscal
26year 1991 and thereafter, no Road Fund monies shall be

 

 

09800SB0220ham002- 67 -LRB098 04693 JWD 60443 a

1appropriated to the Department of State Police for the purposes
2of this Section in excess of its total fiscal year 1990 Road
3Fund appropriations for those purposes unless otherwise
4provided in Section 5g of this Act. For fiscal years 2003,
52004, 2005, 2006, and 2007 only, no Road Fund monies shall be
6appropriated to the Department of State Police for the purposes
7of this Section in excess of $97,310,000. For fiscal year 2008
8only, no Road Fund monies shall be appropriated to the
9Department of State Police for the purposes of this Section in
10excess of $106,100,000. For fiscal year 2009 only, no Road Fund
11monies shall be appropriated to the Department of State Police
12for the purposes of this Section in excess of $114,700,000.
13Beginning in fiscal year 2010, no road fund moneys shall be
14appropriated to the Department of State Police. It shall not be
15lawful to circumvent this limitation on appropriations by
16governmental reorganization or other methods unless otherwise
17provided in Section 5g of this Act.
18    In fiscal year 1994, no Road Fund monies shall be
19appropriated to the Secretary of State for the purposes of this
20Section in excess of the total fiscal year 1991 Road Fund
21appropriations to the Secretary of State for those purposes,
22plus $9,800,000. It shall not be lawful to circumvent this
23limitation on appropriations by governmental reorganization or
24other method.
25    Beginning with fiscal year 1995 and thereafter, no Road
26Fund monies shall be appropriated to the Secretary of State for

 

 

09800SB0220ham002- 68 -LRB098 04693 JWD 60443 a

1the purposes of this Section in excess of the total fiscal year
21994 Road Fund appropriations to the Secretary of State for
3those purposes. It shall not be lawful to circumvent this
4limitation on appropriations by governmental reorganization or
5other methods.
6    Beginning with fiscal year 2000, total Road Fund
7appropriations to the Secretary of State for the purposes of
8this Section shall not exceed the amounts specified for the
9following fiscal years:
10    Fiscal Year 2000$80,500,000;
11    Fiscal Year 2001$80,500,000;
12    Fiscal Year 2002$80,500,000;
13    Fiscal Year 2003$130,500,000;
14    Fiscal Year 2004$130,500,000;
15    Fiscal Year 2005$130,500,000;
16    Fiscal Year 2006 $130,500,000;
17    Fiscal Year 2007 $130,500,000;
18    Fiscal Year 2008$130,500,000;
19    Fiscal Year 2009 $130,500,000.
20    For fiscal year 2010, no road fund moneys shall be
21appropriated to the Secretary of State.
22    Beginning in fiscal year 2011, moneys in the Road Fund
23shall be appropriated to the Secretary of State for the
24exclusive purpose of paying refunds due to overpayment of fees
25related to Chapter 3 of the Illinois Vehicle Code unless
26otherwise provided for by law.

 

 

09800SB0220ham002- 69 -LRB098 04693 JWD 60443 a

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

 

 

09800SB0220ham002- 70 -LRB098 04693 JWD 60443 a

1(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
2eff. 6-19-13.)
 
3    (30 ILCS 105/8g-1)
4    Sec. 8g-1. Fund FY13 fund transfers.
5    (a) In addition to any other transfers that may be provided
6for by law, on and after July 1, 2012 and until May 1, 2013, at
7the direction of and upon notification from the Governor, the
8State Comptroller shall direct and the State Treasurer shall
9transfer amounts not exceeding a total of $80,000,000 from the
10General Revenue Fund to the Tobacco Settlement Recovery Fund.
11Any amounts so transferred shall be retransferred by the State
12Comptroller and the State Treasurer from the Tobacco Settlement
13Recovery Fund to the General Revenue Fund at the direction of
14and upon notification from the Governor, but in any event on or
15before June 30, 2013.
16    (b) In addition to any other transfers that may be provided
17for by law, on and after July 1, 2013 and until May 1, 2014, at
18the direction of and upon notification from the Governor, the
19State Comptroller shall direct and the State Treasurer shall
20transfer amounts not exceeding a total of $80,000,000 from the
21General Revenue Fund to the Tobacco Settlement Recovery Fund.
22Any amounts so transferred shall be retransferred by the State
23Comptroller and the State Treasurer from the Tobacco Settlement
24Recovery Fund to the General Revenue Fund at the direction of
25and upon notification from the Governor, but in any event on or

 

 

09800SB0220ham002- 71 -LRB098 04693 JWD 60443 a

1before June 30, 2014.
2    (c) In addition to any other transfers that may be provided
3for by law, on July 1, 2013, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $1,400,000 from the General
6Revenue Fund to the ICJIA Violence Prevention Fund.
7    (d) In addition to any other transfers that may be provided
8for by law, on July 1, 2013, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $1,500,000 from the General
11Revenue Fund to the Illinois Veterans Assistance Fund.
12    (e) In addition to any other transfers that may be provided
13for by law, on July 1, 2013, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $500,000 from the General
16Revenue Fund to the Senior Citizens Real Estate Deferred Tax
17Revolving Fund.
18    (f) In addition to any other transfers that may be provided
19for by law, on July 1, 2013, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $4,000,000 from the General
22Revenue Fund to the Digital Divide Elimination Fund.
23    (g) In addition to any other transfers that may be provided
24for by law, on July 1, 2013, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

 

 

09800SB0220ham002- 72 -LRB098 04693 JWD 60443 a

1Revenue Fund to the Communications Revolving Fund.
2    (h) In addition to any other transfers that may be provided
3for by law, on July 1, 2013, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $9,800,000 from the General
6Revenue Fund to the Presidential Library and Museum Operating
7Fund.
8    (i) In addition to any other transfers that may be provided
9for by law, on and after July 1, 2014 and until May 1, 2015, at
10the direction of and upon notification from the Governor, the
11State Comptroller shall direct and the State Treasurer shall
12transfer amounts not exceeding a total of $80,000,000 from the
13General Revenue Fund to the Tobacco Settlement Recovery Fund.
14Any amounts so transferred shall be retransferred by the State
15Comptroller and the State Treasurer from the Tobacco Settlement
16Recovery Fund to the General Revenue Fund at the direction of
17and upon notification from the Governor, but in any event on or
18before June 30, 2015.
19    (j) In addition to any other transfers that may be provided
20for by law, on July 1, 2014, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $10,000,000 from the
23General Revenue Fund to the Presidential Library and Museum
24Operating Fund.
25(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
 

 

 

09800SB0220ham002- 73 -LRB098 04693 JWD 60443 a

1    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
2    Sec. 13.2. Transfers among line item appropriations.
3    (a) Transfers among line item appropriations from the same
4treasury fund for the objects specified in this Section may be
5made in the manner provided in this Section when the balance
6remaining in one or more such line item appropriations is
7insufficient for the purpose for which the appropriation was
8made.
9    (a-1) No transfers may be made from one agency to another
10agency, nor may transfers be made from one institution of
11higher education to another institution of higher education
12except as provided by subsection (a-4).
13    (a-2) Except as otherwise provided in this Section,
14transfers may be made only among the objects of expenditure
15enumerated in this Section, except that no funds may be
16transferred from any appropriation for personal services, from
17any appropriation for State contributions to the State
18Employees' Retirement System, from any separate appropriation
19for employee retirement contributions paid by the employer, nor
20from any appropriation for State contribution for employee
21group insurance. During State fiscal year 2005, an agency may
22transfer amounts among its appropriations within the same
23treasury fund for personal services, employee retirement
24contributions paid by employer, and State Contributions to
25retirement systems; notwithstanding and in addition to the
26transfers authorized in subsection (c) of this Section, the

 

 

09800SB0220ham002- 74 -LRB098 04693 JWD 60443 a

1fiscal year 2005 transfers authorized in this sentence may be
2made in an amount not to exceed 2% of the aggregate amount
3appropriated to an agency within the same treasury fund. During
4State fiscal year 2007, the Departments of Children and Family
5Services, Corrections, Human Services, and Juvenile Justice
6may transfer amounts among their respective appropriations
7within the same treasury fund for personal services, employee
8retirement contributions paid by employer, and State
9contributions to retirement systems. During State fiscal year
102010, the Department of Transportation may transfer amounts
11among their respective appropriations within the same treasury
12fund for personal services, employee retirement contributions
13paid by employer, and State contributions to retirement
14systems. During State fiscal years 2010 and 2014 only, an
15agency may transfer amounts among its respective
16appropriations within the same treasury fund for personal
17services, employee retirement contributions paid by employer,
18and State contributions to retirement systems.
19Notwithstanding, and in addition to, the transfers authorized
20in subsection (c) of this Section, these transfers may be made
21in an amount not to exceed 2% of the aggregate amount
22appropriated to an agency within the same treasury fund.
23    (a-2.5) During State fiscal year 2015 only, the State's
24Attorneys Appellate Prosecutor may transfer amounts among its
25respective appropriations contained in operational line items
26within the same treasury fund. Notwithstanding, and in addition

 

 

09800SB0220ham002- 75 -LRB098 04693 JWD 60443 a

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

 

 

09800SB0220ham002- 76 -LRB098 04693 JWD 60443 a

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

 

 

09800SB0220ham002- 77 -LRB098 04693 JWD 60443 a

1Group Homes and Prevention, and Purchase of Adoption and
2Guardianship Services.
3    The Department on Aging is authorized to make transfers not
4exceeding 2% of the aggregate amount appropriated to it within
5the same treasury fund for the following Community Care Program
6line items among these same line items: purchase of services
7covered by the Community Care Program and Comprehensive Case
8Coordination.
9    The State Treasurer is authorized to make transfers among
10line item appropriations from the Capital Litigation Trust
11Fund, with respect to costs incurred in fiscal years 2002 and
122003 only, when the balance remaining in one or more such line
13item appropriations is insufficient for the purpose for which
14the appropriation was made, provided that no such transfer may
15be made unless the amount transferred is no longer required for
16the purpose for which that appropriation was made.
17    The State Board of Education is authorized to make
18transfers from line item appropriations within the same
19treasury fund for General State Aid and General State Aid -
20Hold Harmless, provided that no such transfer may be made
21unless the amount transferred is no longer required for the
22purpose for which that appropriation was made, to the line item
23appropriation for Transitional Assistance when the balance
24remaining in such line item appropriation is insufficient for
25the purpose for which the appropriation was made.
26    The State Board of Education is authorized to make

 

 

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1transfers between the following line item appropriations
2within the same treasury fund: Disabled Student
3Services/Materials (Section 14-13.01 of the School Code),
4Disabled Student Transportation Reimbursement (Section
514-13.01 of the School Code), Disabled Student Tuition -
6Private Tuition (Section 14-7.02 of the School Code),
7Extraordinary Special Education (Section 14-7.02b of the
8School Code), Reimbursement for Free Lunch/Breakfast Program,
9Summer School Payments (Section 18-4.3 of the School Code), and
10Transportation - Regular/Vocational Reimbursement (Section
1129-5 of the School Code). Such transfers shall be made only
12when the balance remaining in one or more such line item
13appropriations is insufficient for the purpose for which the
14appropriation was made and provided that no such transfer may
15be made unless the amount transferred is no longer required for
16the purpose for which that appropriation was made.
17    The Department of Healthcare and Family Services is
18authorized to make transfers not exceeding 4% of the aggregate
19amount appropriated to it, within the same treasury fund, among
20the various line items appropriated for Medical Assistance.
21    (c) The sum of such transfers for an agency in a fiscal
22year shall not exceed 2% of the aggregate amount appropriated
23to it within the same treasury fund for the following objects:
24Personal Services; Extra Help; Student and Inmate
25Compensation; State Contributions to Retirement Systems; State
26Contributions to Social Security; State Contribution for

 

 

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1Employee Group Insurance; Contractual Services; Travel;
2Commodities; Printing; Equipment; Electronic Data Processing;
3Operation of Automotive Equipment; Telecommunications
4Services; Travel and Allowance for Committed, Paroled and
5Discharged Prisoners; Library Books; Federal Matching Grants
6for Student Loans; Refunds; Workers' Compensation,
7Occupational Disease, and Tort Claims; and, in appropriations
8to institutions of higher education, Awards and Grants.
9Notwithstanding the above, any amounts appropriated for
10payment of workers' compensation claims to an agency to which
11the authority to evaluate, administer and pay such claims has
12been delegated by the Department of Central Management Services
13may be transferred to any other expenditure object where such
14amounts exceed the amount necessary for the payment of such
15claims.
16    (c-1) Special provisions for State fiscal year 2003.
17Notwithstanding any other provision of this Section to the
18contrary, for State fiscal year 2003 only, transfers among line
19item appropriations to an agency from the same treasury fund
20may be made provided that the sum of such transfers for an
21agency in State fiscal year 2003 shall not exceed 3% of the
22aggregate amount appropriated to that State agency for State
23fiscal year 2003 for the following objects: personal services,
24except that no transfer may be approved which reduces the
25aggregate appropriations for personal services within an
26agency; extra help; student and inmate compensation; State

 

 

09800SB0220ham002- 80 -LRB098 04693 JWD 60443 a

1contributions to retirement systems; State contributions to
2social security; State contributions for employee group
3insurance; contractual services; travel; commodities;
4printing; equipment; electronic data processing; operation of
5automotive equipment; telecommunications services; travel and
6allowance for committed, paroled, and discharged prisoners;
7library books; federal matching grants for student loans;
8refunds; workers' compensation, occupational disease, and tort
9claims; and, in appropriations to institutions of higher
10education, awards and grants.
11    (c-2) Special provisions for State fiscal year 2005.
12Notwithstanding subsections (a), (a-2), and (c), for State
13fiscal year 2005 only, transfers may be made among any line
14item appropriations from the same or any other treasury fund
15for any objects or purposes, without limitation, when the
16balance remaining in one or more such line item appropriations
17is insufficient for the purpose for which the appropriation was
18made, provided that the sum of those transfers by a State
19agency shall not exceed 4% of the aggregate amount appropriated
20to that State agency for fiscal year 2005.
21    (d) Transfers among appropriations made to agencies of the
22Legislative and Judicial departments and to the
23constitutionally elected officers in the Executive branch
24require the approval of the officer authorized in Section 10 of
25this Act to approve and certify vouchers. Transfers among
26appropriations made to the University of Illinois, Southern

 

 

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1Illinois University, Chicago State University, Eastern
2Illinois University, Governors State University, Illinois
3State University, Northeastern Illinois University, Northern
4Illinois University, Western Illinois University, the Illinois
5Mathematics and Science Academy and the Board of Higher
6Education require the approval of the Board of Higher Education
7and the Governor. Transfers among appropriations to all other
8agencies require the approval of the Governor.
9    The officer responsible for approval shall certify that the
10transfer is necessary to carry out the programs and purposes
11for which the appropriations were made by the General Assembly
12and shall transmit to the State Comptroller a certified copy of
13the approval which shall set forth the specific amounts
14transferred so that the Comptroller may change his records
15accordingly. The Comptroller shall furnish the Governor with
16information copies of all transfers approved for agencies of
17the Legislative and Judicial departments and transfers
18approved by the constitutionally elected officials of the
19Executive branch other than the Governor, showing the amounts
20transferred and indicating the dates such changes were entered
21on the Comptroller's records.
22    (e) The State Board of Education, in consultation with the
23State Comptroller, may transfer line item appropriations for
24General State Aid between the Common School Fund and the
25Education Assistance Fund. With the advice and consent of the
26Governor's Office of Management and Budget, the State Board of

 

 

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1Education, in consultation with the State Comptroller, may
2transfer line item appropriations between the General Revenue
3Fund and the Education Assistance Fund for the following
4programs:
5        (1) Disabled Student Personnel Reimbursement (Section
6    14-13.01 of the School Code);
7        (2) Disabled Student Transportation Reimbursement
8    (subsection (b) of Section 14-13.01 of the School Code);
9        (3) Disabled Student Tuition - Private Tuition
10    (Section 14-7.02 of the School Code);
11        (4) Extraordinary Special Education (Section 14-7.02b
12    of the School Code);
13        (5) Reimbursement for Free Lunch/Breakfast Programs;
14        (6) Summer School Payments (Section 18-4.3 of the
15    School Code);
16        (7) Transportation - Regular/Vocational Reimbursement
17    (Section 29-5 of the School Code);
18        (8) Regular Education Reimbursement (Section 18-3 of
19    the School Code); and
20        (9) Special Education Reimbursement (Section 14-7.03
21    of the School Code).
22(Source: P.A. 97-689, eff. 7-1-12; 98-24, eff. 6-19-13.)
 
23    Section 20-15. The State Revenue Sharing Act is amended by
24changing Section 12 as follows:
 

 

 

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1    (30 ILCS 115/12)  (from Ch. 85, par. 616)
2    Sec. 12. Personal Property Tax Replacement Fund. There is
3hereby created the Personal Property Tax Replacement Fund, a
4special fund in the State Treasury into which shall be paid all
5revenue realized:
6    (a) all amounts realized from the additional personal
7property tax replacement income tax imposed by subsections (c)
8and (d) of Section 201 of the Illinois Income Tax Act, except
9for those amounts deposited into the Income Tax Refund Fund
10pursuant to subsection (c) of Section 901 of the Illinois
11Income Tax Act; and
12    (b) all amounts realized from the additional personal
13property replacement invested capital taxes imposed by Section
142a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
15Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
16Section 3 of the Water Company Invested Capital Tax Act, and
17amounts payable to the Department of Revenue under the
18Telecommunications Infrastructure Maintenance Fee Act.
19    As soon as may be after the end of each month, the
20Department of Revenue shall certify to the Treasurer and the
21Comptroller the amount of all refunds paid out of the General
22Revenue Fund through the preceding month on account of
23overpayment of liability on taxes paid into the Personal
24Property Tax Replacement Fund. Upon receipt of such
25certification, the Treasurer and the Comptroller shall
26transfer the amount so certified from the Personal Property Tax

 

 

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1Replacement Fund into the General Revenue Fund.
2    The payments of revenue into the Personal Property Tax
3Replacement Fund shall be used exclusively for distribution to
4taxing districts, regional offices and officials, and local
5officials as provided in this Section and in the School Code,
6payment of the ordinary and contingent expenses of the Property
7Tax Appeal Board, payment of the expenses of the Department of
8Revenue incurred in administering the collection and
9distribution of monies paid into the Personal Property Tax
10Replacement Fund and transfers due to refunds to taxpayers for
11overpayment of liability for taxes paid into the Personal
12Property Tax Replacement Fund.
13    In addition, moneys in the Personal Property Tax
14Replacement Fund may be used to pay any of the following: (i)
15salary, stipends, and additional compensation as provided by
16law for chief election clerks, county clerks, and county
17recorders; (ii) costs associated with regional offices of
18education and educational service centers; (iii)
19reimbursements payable by the State Board of Elections under
20Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
21Election Code; and (iv) expenses of the Illinois Educational
22Labor Relations Board; and (v) salary, personal services, and
23additional compensation as provided by law for court reporters
24under the Court Reporters Act.
25    As soon as may be after the effective date of this
26amendatory Act of 1980, the Department of Revenue shall certify

 

 

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1to the Treasurer the amount of net replacement revenue paid
2into the General Revenue Fund prior to that effective date from
3the additional tax imposed by Section 2a.1 of the Messages Tax
4Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
5the Public Utilities Revenue Act; Section 3 of the Water
6Company Invested Capital Tax Act; amounts collected by the
7Department of Revenue under the Telecommunications
8Infrastructure Maintenance Fee Act; and the additional
9personal property tax replacement income tax imposed by the
10Illinois Income Tax Act, as amended by Public Act 81-1st
11Special Session-1. Net replacement revenue shall be defined as
12the total amount paid into and remaining in the General Revenue
13Fund as a result of those Acts minus the amount outstanding and
14obligated from the General Revenue Fund in state vouchers or
15warrants prior to the effective date of this amendatory Act of
161980 as refunds to taxpayers for overpayment of liability under
17those Acts.
18    All interest earned by monies accumulated in the Personal
19Property Tax Replacement Fund shall be deposited in such Fund.
20All amounts allocated pursuant to this Section are appropriated
21on a continuing basis.
22    Prior to December 31, 1980, as soon as may be after the end
23of each quarter beginning with the quarter ending December 31,
241979, and on and after December 31, 1980, as soon as may be
25after January 1, March 1, April 1, May 1, July 1, August 1,
26October 1 and December 1 of each year, the Department of

 

 

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1Revenue shall allocate to each taxing district as defined in
2Section 1-150 of the Property Tax Code, in accordance with the
3provisions of paragraph (2) of this Section the portion of the
4funds held in the Personal Property Tax Replacement Fund which
5is required to be distributed, as provided in paragraph (1),
6for each quarter. Provided, however, under no circumstances
7shall any taxing district during each of the first two years of
8distribution of the taxes imposed by this amendatory Act of
91979 be entitled to an annual allocation which is less than the
10funds such taxing district collected from the 1978 personal
11property tax. Provided further that under no circumstances
12shall any taxing district during the third year of distribution
13of the taxes imposed by this amendatory Act of 1979 receive
14less than 60% of the funds such taxing district collected from
15the 1978 personal property tax. In the event that the total of
16the allocations made as above provided for all taxing
17districts, during either of such 3 years, exceeds the amount
18available for distribution the allocation of each taxing
19district shall be proportionately reduced. Except as provided
20in Section 13 of this Act, the Department shall then certify,
21pursuant to appropriation, such allocations to the State
22Comptroller who shall pay over to the several taxing districts
23the respective amounts allocated to them.
24    Any township which receives an allocation based in whole or
25in part upon personal property taxes which it levied pursuant
26to Section 6-507 or 6-512 of the Illinois Highway Code and

 

 

09800SB0220ham002- 87 -LRB098 04693 JWD 60443 a

1which was previously required to be paid over to a municipality
2shall immediately pay over to that municipality a proportionate
3share of the personal property replacement funds which such
4township receives.
5    Any municipality or township, other than a municipality
6with a population in excess of 500,000, which receives an
7allocation based in whole or in part on personal property taxes
8which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
9Illinois Local Library Act and which was previously required to
10be paid over to a public library shall immediately pay over to
11that library a proportionate share of the personal property tax
12replacement funds which such municipality or township
13receives; provided that if such a public library has converted
14to a library organized under The Illinois Public Library
15District Act, regardless of whether such conversion has
16occurred on, after or before January 1, 1988, such
17proportionate share shall be immediately paid over to the
18library district which maintains and operates the library.
19However, any library that has converted prior to January 1,
201988, and which hitherto has not received the personal property
21tax replacement funds, shall receive such funds commencing on
22January 1, 1988.
23    Any township which receives an allocation based in whole or
24in part on personal property taxes which it levied pursuant to
25Section 1c of the Public Graveyards Act and which taxes were
26previously required to be paid over to or used for such public

 

 

09800SB0220ham002- 88 -LRB098 04693 JWD 60443 a

1cemetery or cemeteries shall immediately pay over to or use for
2such public cemetery or cemeteries a proportionate share of the
3personal property tax replacement funds which the township
4receives.
5    Any taxing district which receives an allocation based in
6whole or in part upon personal property taxes which it levied
7for another governmental body or school district in Cook County
8in 1976 or for another governmental body or school district in
9the remainder of the State in 1977 shall immediately pay over
10to that governmental body or school district the amount of
11personal property replacement funds which such governmental
12body or school district would receive directly under the
13provisions of paragraph (2) of this Section, had it levied its
14own taxes.
15        (1) The portion of the Personal Property Tax
16    Replacement Fund required to be distributed as of the time
17    allocation is required to be made shall be the amount
18    available in such Fund as of the time allocation is
19    required to be made.
20        The amount available for distribution shall be the
21    total amount in the fund at such time minus the necessary
22    administrative and other authorized expenses as limited by
23    the appropriation and the amount determined by: (a) $2.8
24    million for fiscal year 1981; (b) for fiscal year 1982,
25    .54% of the funds distributed from the fund during the
26    preceding fiscal year; (c) for fiscal year 1983 through

 

 

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1    fiscal year 1988, .54% of the funds distributed from the
2    fund during the preceding fiscal year less .02% of such
3    fund for fiscal year 1983 and less .02% of such funds for
4    each fiscal year thereafter; (d) for fiscal year 1989
5    through fiscal year 2011 no more than 105% of the actual
6    administrative expenses of the prior fiscal year; (e) for
7    fiscal year 2012 and beyond, a sufficient amount to pay (i)
8    stipends, additional compensation, salary reimbursements,
9    and other amounts directed to be paid out of this Fund for
10    local officials as authorized or required by statute and
11    (ii) no more than 105% of the actual administrative
12    expenses of the prior fiscal year, including payment of the
13    ordinary and contingent expenses of the Property Tax Appeal
14    Board and payment of the expenses of the Department of
15    Revenue incurred in administering the collection and
16    distribution of moneys paid into the Fund; or (f) for
17    fiscal years 2012 and 2013 only, a sufficient amount to pay
18    stipends, additional compensation, salary reimbursements,
19    and other amounts directed to be paid out of this Fund for
20    regional offices and officials as authorized or required by
21    statute. Such portion of the fund shall be determined after
22    the transfer into the General Revenue Fund due to refunds,
23    if any, paid from the General Revenue Fund during the
24    preceding quarter. If at any time, for any reason, there is
25    insufficient amount in the Personal Property Tax
26    Replacement Fund for payments for regional offices and

 

 

09800SB0220ham002- 90 -LRB098 04693 JWD 60443 a

1    officials or local officials or payment of costs of
2    administration or for transfers due to refunds at the end
3    of any particular month, the amount of such insufficiency
4    shall be carried over for the purposes of payments for
5    regional offices and officials, local officials, transfers
6    into the General Revenue Fund, and costs of administration
7    to the following month or months. Net replacement revenue
8    held, and defined above, shall be transferred by the
9    Treasurer and Comptroller to the Personal Property Tax
10    Replacement Fund within 10 days of such certification.
11        (2) Each quarterly allocation shall first be
12    apportioned in the following manner: 51.65% for taxing
13    districts in Cook County and 48.35% for taxing districts in
14    the remainder of the State.
15    The Personal Property Replacement Ratio of each taxing
16district outside Cook County shall be the ratio which the Tax
17Base of that taxing district bears to the Downstate Tax Base.
18The Tax Base of each taxing district outside of Cook County is
19the personal property tax collections for that taxing district
20for the 1977 tax year. The Downstate Tax Base is the personal
21property tax collections for all taxing districts in the State
22outside of Cook County for the 1977 tax year. The Department of
23Revenue shall have authority to review for accuracy and
24completeness the personal property tax collections for each
25taxing district outside Cook County for the 1977 tax year.
26    The Personal Property Replacement Ratio of each Cook County

 

 

09800SB0220ham002- 91 -LRB098 04693 JWD 60443 a

1taxing district shall be the ratio which the Tax Base of that
2taxing district bears to the Cook County Tax Base. The Tax Base
3of each Cook County taxing district is the personal property
4tax collections for that taxing district for the 1976 tax year.
5The Cook County Tax Base is the personal property tax
6collections for all taxing districts in Cook County for the
71976 tax year. The Department of Revenue shall have authority
8to review for accuracy and completeness the personal property
9tax collections for each taxing district within Cook County for
10the 1976 tax year.
11    For all purposes of this Section 12, amounts paid to a
12taxing district for such tax years as may be applicable by a
13foreign corporation under the provisions of Section 7-202 of
14the Public Utilities Act, as amended, shall be deemed to be
15personal property taxes collected by such taxing district for
16such tax years as may be applicable. The Director shall
17determine from the Illinois Commerce Commission, for any tax
18year as may be applicable, the amounts so paid by any such
19foreign corporation to any and all taxing districts. The
20Illinois Commerce Commission shall furnish such information to
21the Director. For all purposes of this Section 12, the Director
22shall deem such amounts to be collected personal property taxes
23of each such taxing district for the applicable tax year or
24years.
25    Taxing districts located both in Cook County and in one or
26more other counties shall receive both a Cook County allocation

 

 

09800SB0220ham002- 92 -LRB098 04693 JWD 60443 a

1and a Downstate allocation determined in the same way as all
2other taxing districts.
3    If any taxing district in existence on July 1, 1979 ceases
4to exist, or discontinues its operations, its Tax Base shall
5thereafter be deemed to be zero. If the powers, duties and
6obligations of the discontinued taxing district are assumed by
7another taxing district, the Tax Base of the discontinued
8taxing district shall be added to the Tax Base of the taxing
9district assuming such powers, duties and obligations.
10    If two or more taxing districts in existence on July 1,
111979, or a successor or successors thereto shall consolidate
12into one taxing district, the Tax Base of such consolidated
13taxing district shall be the sum of the Tax Bases of each of
14the taxing districts which have consolidated.
15    If a single taxing district in existence on July 1, 1979,
16or a successor or successors thereto shall be divided into two
17or more separate taxing districts, the tax base of the taxing
18district so divided shall be allocated to each of the resulting
19taxing districts in proportion to the then current equalized
20assessed value of each resulting taxing district.
21    If a portion of the territory of a taxing district is
22disconnected and annexed to another taxing district of the same
23type, the Tax Base of the taxing district from which
24disconnection was made shall be reduced in proportion to the
25then current equalized assessed value of the disconnected
26territory as compared with the then current equalized assessed

 

 

09800SB0220ham002- 93 -LRB098 04693 JWD 60443 a

1value within the entire territory of the taxing district prior
2to disconnection, and the amount of such reduction shall be
3added to the Tax Base of the taxing district to which
4annexation is made.
5    If a community college district is created after July 1,
61979, beginning on the effective date of this amendatory Act of
71995, its Tax Base shall be 3.5% of the sum of the personal
8property tax collected for the 1977 tax year within the
9territorial jurisdiction of the district.
10    The amounts allocated and paid to taxing districts pursuant
11to the provisions of this amendatory Act of 1979 shall be
12deemed to be substitute revenues for the revenues derived from
13taxes imposed on personal property pursuant to the provisions
14of the "Revenue Act of 1939" or "An Act for the assessment and
15taxation of private car line companies", approved July 22,
161943, as amended, or Section 414 of the Illinois Insurance
17Code, prior to the abolition of such taxes and shall be used
18for the same purposes as the revenues derived from ad valorem
19taxes on real estate.
20    Monies received by any taxing districts from the Personal
21Property Tax Replacement Fund shall be first applied toward
22payment of the proportionate amount of debt service which was
23previously levied and collected from extensions against
24personal property on bonds outstanding as of December 31, 1978
25and next applied toward payment of the proportionate share of
26the pension or retirement obligations of the taxing district

 

 

09800SB0220ham002- 94 -LRB098 04693 JWD 60443 a

1which were previously levied and collected from extensions
2against personal property. For each such outstanding bond
3issue, the County Clerk shall determine the percentage of the
4debt service which was collected from extensions against real
5estate in the taxing district for 1978 taxes payable in 1979,
6as related to the total amount of such levies and collections
7from extensions against both real and personal property. For
81979 and subsequent years' taxes, the County Clerk shall levy
9and extend taxes against the real estate of each taxing
10district which will yield the said percentage or percentages of
11the debt service on such outstanding bonds. The balance of the
12amount necessary to fully pay such debt service shall
13constitute a first and prior lien upon the monies received by
14each such taxing district through the Personal Property Tax
15Replacement Fund and shall be first applied or set aside for
16such purpose. In counties having fewer than 3,000,000
17inhabitants, the amendments to this paragraph as made by this
18amendatory Act of 1980 shall be first applicable to 1980 taxes
19to be collected in 1981.
20(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
2197-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
 
22    Section 20-20. The General Obligation Bond Act is amended
23by changing Section 13 as follows:
 
24    (30 ILCS 330/13)  (from Ch. 127, par. 663)

 

 

09800SB0220ham002- 95 -LRB098 04693 JWD 60443 a

1    Sec. 13. Appropriation of Proceeds from Sale of Bonds.
2    (a) At all times, the proceeds from the sale of Bonds
3issued pursuant to this Act are subject to appropriation by the
4General Assembly and, except as provided in Section 7.2, may be
5obligated or expended only with the written approval of the
6Governor, in such amounts, at such times, and for such purposes
7as the respective State agencies, as defined in Section 1-7 of
8the Illinois State Auditing Act, as amended, deem necessary or
9desirable for the specific purposes contemplated in Sections 2
10through 8 of this Act. Notwithstanding any other provision of
11this Act, proceeds from the sale of Bonds issued pursuant to
12this Act appropriated by the General Assembly to the Architect
13of the Capitol may be obligated or expended by the Architect of
14the Capitol without the written approval of the Governor.
15    (b) Proceeds from the sale of Bonds for the purpose of
16development of coal and alternative forms of energy shall be
17expended in such amounts and at such times as the Department of
18Commerce and Economic Opportunity, with the advice and
19recommendation of the Illinois Coal Development Board for coal
20development projects, may deem necessary and desirable for the
21specific purpose contemplated by Section 7 of this Act. In
22considering the approval of projects to be funded, the
23Department of Commerce and Economic Opportunity shall give
24special consideration to projects designed to remove sulfur and
25other pollutants in the preparation and utilization of coal,
26and in the use and operation of electric utility generating

 

 

09800SB0220ham002- 96 -LRB098 04693 JWD 60443 a

1plants and industrial facilities which utilize Illinois coal as
2their primary source of fuel.
3    (c) Except as directed in subsection (c-1) or (c-2), any
4monies received by any officer or employee of the state
5representing a reimbursement of expenditures previously paid
6from general obligation bond proceeds shall be deposited into
7the General Obligation Bond Retirement and Interest Fund
8authorized in Section 14 of this Act.
9    (c-1) Any money received by the Department of
10Transportation as reimbursement for expenditures for high
11speed rail purposes pursuant to appropriations from the
12Transportation Bond, Series B Fund for (i) CREATE (Chicago
13Region Environmental and Transportation Efficiency), (ii) High
14Speed Rail, or (iii) AMTRAK projects authorized by the federal
15government under the provisions of the American Recovery and
16Reinvestment Act of 2009 or the Safe Accountable Flexible
17Efficient Transportation Equity Act—A Legacy for Users
18(SAFETEA-LU), or any successor federal transportation
19authorization Act, shall be deposited into the Federal High
20Speed Rail Trust Fund.
21    (c-2) Any money received by the Department of
22Transportation as reimbursement for expenditures for transit
23capital purposes pursuant to appropriations from the
24Transportation Bond, Series B Fund for projects authorized by
25the federal government under the provisions of the American
26Recovery and Reinvestment Act of 2009 or the Safe Accountable

 

 

09800SB0220ham002- 97 -LRB098 04693 JWD 60443 a

1Flexible Efficient Transportation Equity Act—A Legacy for
2Users (SAFETEA-LU), or any successor federal transportation
3authorization Act, shall be deposited into the Federal Mass
4Transit Trust Fund.
5(Source: P.A. 96-1488, eff. 12-30-10.)
 
6    Section 20-25. The Build Illinois Bond Act is amended by
7changing Section 17 as follows:
 
8    (30 ILCS 425/17)  (from Ch. 127, par. 2817)
9    Sec. 17. Investment of Money Not Needed for Current
10Expenditures - Application of Earnings. (a) The State Treasurer
11may, with the Governor's approval, invest and reinvest any
12moneys on deposit in the Build Illinois Bond Fund and the Build
13Illinois Bond Retirement and Interest Fund in the State
14Treasury which are not needed for current expenditures due or
15about to become due from such funds. Earnings or interest
16income from investments in the Build Illinois Bond Fund shall
17be deposited by the State Treasurer in the General Revenue
18Fund. Earnings or interest income from investments in the Build
19Illinois Bond Retirement and Interest Fund shall be deposited
20in the Build Illinois Bond Retirement and Interest Fund. Upon
21the direction of the Governor or his authorized representative,
22the State Treasurer and Comptroller shall transfer from the
23Build Illinois Bond Retirement and Interest Fund all such
24earnings or interest income derived from investments in the

 

 

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1Build Illinois Bond Retirement and Interest Fund to the trustee
2under the Master Indenture.
3    (b) Moneys in the Build Illinois Bond Fund may be invested
4as permitted in "An Act in relation to State moneys", approved
5June 28, 1919, as amended, and in "An Act relating to certain
6investments of public funds by public agencies", approved July
723, 1943, as amended. Moneys on deposit in the Build Illinois
8Bond Retirement and Interest Fund may be invested in securities
9constituting direct obligations of the United States
10Government, or in obligations the principal of and interest on
11which are guaranteed by the United States Government, or in
12certificates of deposit of any state or national bank which are
13fully secured by obligations of, or guaranteed as to principal
14and interest by, the United States Government. Moneys on
15deposit with indenture trustees shall be invested in accordance
16with the above laws and the provisions of the respective
17indentures.
18(Source: P.A. 84-111.)
 
19    Section 20-30. The Illinois Grant Funds Recovery Act is
20amended by changing Section 4.2 as follows:
 
21    (30 ILCS 705/4.2)
22    Sec. 4.2. Suspension of grant making authority. Any grant
23funds and any grant program administered by a grantor agency
24subject to this Act are indefinitely suspended on July 1, 2015

 

 

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1June 30, 2014, and on July 1st of every 5th year thereafter,
2unless the General Assembly, by law, authorizes that grantor
3agency to make grants or lifts the suspension of the
4authorization of that grantor agency to make grants. In the
5case of a suspension of the authorization of a grantor agency
6to make grants, the authority of that grantor agency to make
7grants is suspended until the suspension is explicitly lifted
8by law by the General Assembly, even if an appropriation has
9been made for the explicit purpose of such grants. This
10suspension of grant making authority supersedes any other law
11or rule to the contrary.
12(Source: P.A. 97-732, eff. 6-30-12; 97-1144, eff. 12-28-12;
1398-24, eff. 6-19-13.)
 
14    Section 20-35. The Private Colleges and Universities
15Capital Distribution Formula Act is amended by changing Section
1625-10 as follows:
 
17    (30 ILCS 769/25-10)
18    Sec. 25-10. Distribution. This Act creates a distribution
19formula for funds appropriated from the Build Illinois Bond
20Fund to the Capital Development Board for the Illinois Board of
21Higher Education for grants to various private colleges and
22universities.
23    Funds appropriated for this purpose shall be distributed by
24the Illinois Board of Higher Education through a formula to

 

 

09800SB0220ham002- 100 -LRB098 04693 JWD 60443 a

1independent colleges that have been given operational approval
2by the Illinois Board of Higher Education as of the Fall 2008
3term. The distribution formula shall have 2 components: a base
4grant portion of the appropriation and an FTE grant portion of
5the appropriation. Each independent college shall be awarded
6both a base grant portion of the appropriation and an FTE grant
7portion of the appropriation.
8    The Illinois Board of Higher Education shall distribute
9moneys appropriated for this purpose to independent colleges
10based on the following base grant criteria: for each
11independent college reporting between 1 and 200 FTE a base
12grant of $200,000 shall be awarded; for each independent
13college reporting between 201 and 500 FTE a base grant of
14$1,000,000 shall be awarded; for each independent college
15reporting between 501 and 4,000 FTE a base grant of $2,000,000
16shall be awarded; and for each independent college reporting
174,001 or more FTE a base grant of $5,000,000 shall be awarded.
18    The remainder of the moneys appropriated for this purpose
19shall be distributed by the Illinois Board of Higher Education
20to each independent college on a per capita basis as determined
21by the independent college's FTE as reported by the Illinois
22Board of Higher Education's most recent fall FTE report.
23    Each independent college shall have up to 10 5 years from
24the date of appropriation to access and utilize its awarded
25amounts. If any independent college does not utilize its full
26award or a portion thereof after 10 5 years, the remaining

 

 

09800SB0220ham002- 101 -LRB098 04693 JWD 60443 a

1funds shall be re-distributed to other independent colleges on
2an FTE basis.
3(Source: P.A. 96-37, eff. 7-13-09.)
 
4    Section 20-40. The Illinois Income Tax Act is amended by
5changing Section 901 as follows:
 
6    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
7    Sec. 901. Collection Authority.
8    (a) In general.
9    The Department shall collect the taxes imposed by this Act.
10The Department shall collect certified past due child support
11amounts under Section 2505-650 of the Department of Revenue Law
12(20 ILCS 2505/2505-650). Except as provided in subsections (c),
13(e), (f), and (g) of this Section, money collected pursuant to
14subsections (a) and (b) of Section 201 of this Act shall be
15paid into the General Revenue Fund in the State treasury; money
16collected pursuant to subsections (c) and (d) of Section 201 of
17this Act shall be paid into the Personal Property Tax
18Replacement Fund, a special fund in the State Treasury; and
19money collected under Section 2505-650 of the Department of
20Revenue Law (20 ILCS 2505/2505-650) shall be paid into the
21Child Support Enforcement Trust Fund, a special fund outside
22the State Treasury, or to the State Disbursement Unit
23established under Section 10-26 of the Illinois Public Aid
24Code, as directed by the Department of Healthcare and Family

 

 

09800SB0220ham002- 102 -LRB098 04693 JWD 60443 a

1Services.
2    (b) Local Government Distributive Fund.
3    Beginning August 1, 1969, and continuing through June 30,
41994, the Treasurer shall transfer each month from the General
5Revenue Fund to a special fund in the State treasury, to be
6known as the "Local Government Distributive Fund", an amount
7equal to 1/12 of the net revenue realized from the tax imposed
8by subsections (a) and (b) of Section 201 of this Act during
9the preceding month. Beginning July 1, 1994, and continuing
10through June 30, 1995, the Treasurer shall transfer each month
11from the General Revenue Fund to the Local Government
12Distributive Fund an amount equal to 1/11 of the net revenue
13realized from the tax imposed by subsections (a) and (b) of
14Section 201 of this Act during the preceding month. Beginning
15July 1, 1995 and continuing through January 31, 2011, the
16Treasurer shall transfer each month from the General Revenue
17Fund to the Local Government Distributive Fund an amount equal
18to the net of (i) 1/10 of the net revenue realized from the tax
19imposed by subsections (a) and (b) of Section 201 of the
20Illinois Income Tax Act during the preceding month (ii) minus,
21beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
22and beginning July 1, 2004, zero. Beginning February 1, 2011,
23and continuing through January 31, 2015, the Treasurer shall
24transfer each month from the General Revenue Fund to the Local
25Government Distributive Fund an amount equal to the sum of (i)
266% (10% of the ratio of the 3% individual income tax rate prior

 

 

09800SB0220ham002- 103 -LRB098 04693 JWD 60443 a

1to 2011 to the 5% individual income tax rate after 2010) of the
2net revenue realized from the tax imposed by subsections (a)
3and (b) of Section 201 of this Act upon individuals, trusts,
4and estates during the preceding month and (ii) 6.86% (10% of
5the ratio of the 4.8% corporate income tax rate prior to 2011
6to the 7% corporate income tax rate after 2010) of the net
7revenue realized from the tax imposed by subsections (a) and
8(b) of Section 201 of this Act upon corporations during the
9preceding month. Beginning February 1, 2015 and continuing
10through January 31, 2025, the Treasurer shall transfer each
11month from the General Revenue Fund to the Local Government
12Distributive Fund an amount equal to the sum of (i) 8% (10% of
13the ratio of the 3% individual income tax rate prior to 2011 to
14the 3.75% individual income tax rate after 2014) of the net
15revenue realized from the tax imposed by subsections (a) and
16(b) of Section 201 of this Act upon individuals, trusts, and
17estates during the preceding month and (ii) 9.14% (10% of the
18ratio of the 4.8% corporate income tax rate prior to 2011 to
19the 5.25% corporate income tax rate after 2014) of the net
20revenue realized from the tax imposed by subsections (a) and
21(b) of Section 201 of this Act upon corporations during the
22preceding month. Beginning February 1, 2025, the Treasurer
23shall transfer each month from the General Revenue Fund to the
24Local Government Distributive Fund an amount equal to the sum
25of (i) 9.23% (10% of the ratio of the 3% individual income tax
26rate prior to 2011 to the 3.25% individual income tax rate

 

 

09800SB0220ham002- 104 -LRB098 04693 JWD 60443 a

1after 2024) of the net revenue realized from the tax imposed by
2subsections (a) and (b) of Section 201 of this Act upon
3individuals, trusts, and estates during the preceding month and
4(ii) 10% of the net revenue realized from the tax imposed by
5subsections (a) and (b) of Section 201 of this Act upon
6corporations during the preceding month. Net revenue realized
7for a month shall be defined as the revenue from the tax
8imposed by subsections (a) and (b) of Section 201 of this Act
9which is deposited in the General Revenue Fund, the Education
10Assistance Fund, the Income Tax Surcharge Local Government
11Distributive Fund, the Fund for the Advancement of Education,
12and the Commitment to Human Services Fund during the month
13minus the amount paid out of the General Revenue Fund in State
14warrants during that same month as refunds to taxpayers for
15overpayment of liability under the tax imposed by subsections
16(a) and (b) of Section 201 of this Act.
17    (c) Deposits Into Income Tax Refund Fund.
18        (1) Beginning on January 1, 1989 and thereafter, the
19    Department shall deposit a percentage of the amounts
20    collected pursuant to subsections (a) and (b)(1), (2), and
21    (3), of Section 201 of this Act into a fund in the State
22    treasury known as the Income Tax Refund Fund. The
23    Department shall deposit 6% of such amounts during the
24    period beginning January 1, 1989 and ending on June 30,
25    1989. Beginning with State fiscal year 1990 and for each
26    fiscal year thereafter, the percentage deposited into the

 

 

09800SB0220ham002- 105 -LRB098 04693 JWD 60443 a

1    Income Tax Refund Fund during a fiscal year shall be the
2    Annual Percentage. For fiscal years 1999 through 2001, the
3    Annual Percentage shall be 7.1%. For fiscal year 2003, the
4    Annual Percentage shall be 8%. For fiscal year 2004, the
5    Annual Percentage shall be 11.7%. Upon the effective date
6    of this amendatory Act of the 93rd General Assembly, the
7    Annual Percentage shall be 10% for fiscal year 2005. For
8    fiscal year 2006, the Annual Percentage shall be 9.75%. For
9    fiscal year 2007, the Annual Percentage shall be 9.75%. For
10    fiscal year 2008, the Annual Percentage shall be 7.75%. For
11    fiscal year 2009, the Annual Percentage shall be 9.75%. For
12    fiscal year 2010, the Annual Percentage shall be 9.75%. For
13    fiscal year 2011, the Annual Percentage shall be 8.75%. For
14    fiscal year 2012, the Annual Percentage shall be 8.75%. For
15    fiscal year 2013, the Annual Percentage shall be 9.75%. For
16    fiscal year 2014, the Annual Percentage shall be 9.5%. For
17    fiscal year 2015, the Annual Percentage shall be 10%. For
18    all other fiscal years, the Annual Percentage shall be
19    calculated as a fraction, the numerator of which shall be
20    the amount of refunds approved for payment by the
21    Department during the preceding fiscal year as a result of
22    overpayment of tax liability under subsections (a) and
23    (b)(1), (2), and (3) of Section 201 of this Act plus the
24    amount of such refunds remaining approved but unpaid at the
25    end of the preceding fiscal year, minus the amounts
26    transferred into the Income Tax Refund Fund from the

 

 

09800SB0220ham002- 106 -LRB098 04693 JWD 60443 a

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

 

 

09800SB0220ham002- 107 -LRB098 04693 JWD 60443 a

1    fiscal year 2007, the Annual Percentage shall be 17.5%. For
2    fiscal year 2008, the Annual Percentage shall be 15.5%. For
3    fiscal year 2009, the Annual Percentage shall be 17.5%. For
4    fiscal year 2010, the Annual Percentage shall be 17.5%. For
5    fiscal year 2011, the Annual Percentage shall be 17.5%. For
6    fiscal year 2012, the Annual Percentage shall be 17.5%. For
7    fiscal year 2013, the Annual Percentage shall be 14%. For
8    fiscal year 2014, the Annual Percentage shall be 13.4%. For
9    fiscal year 2015, the Annual Percentage shall be 14%. For
10    all other fiscal years, the Annual Percentage shall be
11    calculated as a fraction, the numerator of which shall be
12    the amount of refunds approved for payment by the
13    Department during the preceding fiscal year as a result of
14    overpayment of tax liability under subsections (a) and
15    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
16    Act plus the amount of such refunds remaining approved but
17    unpaid at the end of the preceding fiscal year, and the
18    denominator of which shall be the amounts which will be
19    collected pursuant to subsections (a) and (b)(6), (7), and
20    (8), (c) and (d) of Section 201 of this Act during the
21    preceding fiscal year; except that in State fiscal year
22    2002, the Annual Percentage shall in no event exceed 23%.
23    The Director of Revenue shall certify the Annual Percentage
24    to the Comptroller on the last business day of the fiscal
25    year immediately preceding the fiscal year for which it is
26    to be effective.

 

 

09800SB0220ham002- 108 -LRB098 04693 JWD 60443 a

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

 

 

09800SB0220ham002- 109 -LRB098 04693 JWD 60443 a

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

 

 

09800SB0220ham002- 110 -LRB098 04693 JWD 60443 a

1    attributable to transfers under item (3) of subsection (c)
2    less refunds resulting from the earned income tax credit.
3        (5) This Act shall constitute an irrevocable and
4    continuing appropriation from the Income Tax Refund Fund
5    for the purpose of paying refunds upon the order of the
6    Director in accordance with the provisions of this Section.
7    (e) Deposits into the Education Assistance Fund and the
8Income Tax Surcharge Local Government Distributive Fund.
9    On July 1, 1991, and thereafter, of the amounts collected
10pursuant to subsections (a) and (b) of Section 201 of this Act,
11minus deposits into the Income Tax Refund Fund, the Department
12shall deposit 7.3% into the Education Assistance Fund in the
13State Treasury. Beginning July 1, 1991, and continuing through
14January 31, 1993, of the amounts collected pursuant to
15subsections (a) and (b) of Section 201 of the Illinois Income
16Tax Act, minus deposits into the Income Tax Refund Fund, the
17Department shall deposit 3.0% into the Income Tax Surcharge
18Local Government Distributive Fund in the State Treasury.
19Beginning February 1, 1993 and continuing through June 30,
201993, of the amounts collected pursuant to subsections (a) and
21(b) of Section 201 of the Illinois Income Tax Act, minus
22deposits into the Income Tax Refund Fund, the Department shall
23deposit 4.4% into the Income Tax Surcharge Local Government
24Distributive Fund in the State Treasury. Beginning July 1,
251993, and continuing through June 30, 1994, of the amounts
26collected under subsections (a) and (b) of Section 201 of this

 

 

09800SB0220ham002- 111 -LRB098 04693 JWD 60443 a

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

 

 

09800SB0220ham002- 112 -LRB098 04693 JWD 60443 a

1        (2) beginning February 1, 2025, 1/26.
2    If the rate of tax imposed by subsection (a) and (b) of
3Section 201 is reduced pursuant to Section 201.5 of this Act,
4the Department shall not make the deposits required by this
5subsection (g) on or after the effective date of the reduction.
6(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
7eff. 6-19-13.)
 
8    Section 20-45. The Motor Fuel Tax Law is amended by
9changing Section 8 as follows:
 
10    (35 ILCS 505/8)  (from Ch. 120, par. 424)
11    Sec. 8. Except as provided in Section 8a, subdivision
12(h)(1) of Section 12a, Section 13a.6, and items 13, 14, 15, and
1316 of Section 15, all money received by the Department under
14this Act, including payments made to the Department by member
15jurisdictions participating in the International Fuel Tax
16Agreement, shall be deposited in a special fund in the State
17treasury, to be known as the "Motor Fuel Tax Fund", and shall
18be used as follows:
19    (a) 2 1/2 cents per gallon of the tax collected on special
20fuel under paragraph (b) of Section 2 and Section 13a of this
21Act shall be transferred to the State Construction Account Fund
22in the State Treasury;
23    (b) $420,000 shall be transferred each month to the State
24Boating Act Fund to be used by the Department of Natural

 

 

09800SB0220ham002- 113 -LRB098 04693 JWD 60443 a

1Resources for the purposes specified in Article X of the Boat
2Registration and Safety Act;
3    (c) $3,500,000 shall be transferred each month to the Grade
4Crossing Protection Fund to be used as follows: not less than
5$12,000,000 each fiscal year shall be used for the construction
6or reconstruction of rail highway grade separation structures;
7$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in
8fiscal year 2010 and each fiscal year thereafter shall be
9transferred to the Transportation Regulatory Fund and shall be
10accounted for as part of the rail carrier portion of such funds
11and shall be used to pay the cost of administration of the
12Illinois Commerce Commission's railroad safety program in
13connection with its duties under subsection (3) of Section
1418c-7401 of the Illinois Vehicle Code, with the remainder to be
15used by the Department of Transportation upon order of the
16Illinois Commerce Commission, to pay that part of the cost
17apportioned by such Commission to the State to cover the
18interest of the public in the use of highways, roads, streets,
19or pedestrian walkways in the county highway system, township
20and district road system, or municipal street system as defined
21in the Illinois Highway Code, as the same may from time to time
22be amended, for separation of grades, for installation,
23construction or reconstruction of crossing protection or
24reconstruction, alteration, relocation including construction
25or improvement of any existing highway necessary for access to
26property or improvement of any grade crossing and grade

 

 

09800SB0220ham002- 114 -LRB098 04693 JWD 60443 a

1crossing surface including the necessary highway approaches
2thereto of any railroad across the highway or public road, or
3for the installation, construction, reconstruction, or
4maintenance of a pedestrian walkway over or under a railroad
5right-of-way, as provided for in and in accordance with Section
618c-7401 of the Illinois Vehicle Code. The Commission may order
7up to $2,000,000 per year in Grade Crossing Protection Fund
8moneys for the improvement of grade crossing surfaces and up to
9$300,000 per year for the maintenance and renewal of 4-quadrant
10gate vehicle detection systems located at non-high speed rail
11grade crossings. The Commission shall not order more than
12$2,000,000 per year in Grade Crossing Protection Fund moneys
13for pedestrian walkways. In entering orders for projects for
14which payments from the Grade Crossing Protection Fund will be
15made, the Commission shall account for expenditures authorized
16by the orders on a cash rather than an accrual basis. For
17purposes of this requirement an "accrual basis" assumes that
18the total cost of the project is expended in the fiscal year in
19which the order is entered, while a "cash basis" allocates the
20cost of the project among fiscal years as expenditures are
21actually made. To meet the requirements of this subsection, the
22Illinois Commerce Commission shall develop annual and 5-year
23project plans of rail crossing capital improvements that will
24be paid for with moneys from the Grade Crossing Protection
25Fund. The annual project plan shall identify projects for the
26succeeding fiscal year and the 5-year project plan shall

 

 

09800SB0220ham002- 115 -LRB098 04693 JWD 60443 a

1identify projects for the 5 directly succeeding fiscal years.
2The Commission shall submit the annual and 5-year project plans
3for this Fund to the Governor, the President of the Senate, the
4Senate Minority Leader, the Speaker of the House of
5Representatives, and the Minority Leader of the House of
6Representatives on the first Wednesday in April of each year;
7    (d) of the amount remaining after allocations provided for
8in subsections (a), (b) and (c), a sufficient amount shall be
9reserved to pay all of the following:
10        (1) the costs of the Department of Revenue in
11    administering this Act;
12        (2) the costs of the Department of Transportation in
13    performing its duties imposed by the Illinois Highway Code
14    for supervising the use of motor fuel tax funds apportioned
15    to municipalities, counties and road districts;
16        (3) refunds provided for in Section 13, refunds for
17    overpayment of decal fees paid under Section 13a.4 of this
18    Act, and refunds provided for under the terms of the
19    International Fuel Tax Agreement referenced in Section
20    14a;
21        (4) from October 1, 1985 until June 30, 1994, the
22    administration of the Vehicle Emissions Inspection Law,
23    which amount shall be certified monthly by the
24    Environmental Protection Agency to the State Comptroller
25    and shall promptly be transferred by the State Comptroller
26    and Treasurer from the Motor Fuel Tax Fund to the Vehicle

 

 

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1    Inspection Fund, and for the period July 1, 1994 through
2    June 30, 2000, one-twelfth of $25,000,000 each month, for
3    the period July 1, 2000 through June 30, 2003, one-twelfth
4    of $30,000,000 each month, and $15,000,000 on July 1, 2003,
5    and $15,000,000 on January 1, 2004, and $15,000,000 on each
6    July 1 and October 1, or as soon thereafter as may be
7    practical, during the period July 1, 2004 through June 30,
8    2012, and $30,000,000 on June 1, 2013, or as soon
9    thereafter as may be practical, and $15,000,000 on July 1
10    and October 1, or as soon thereafter as may be practical,
11    during the period of July 1, 2013 through June 30, 2015
12    2014, for the administration of the Vehicle Emissions
13    Inspection Law of 2005, to be transferred by the State
14    Comptroller and Treasurer from the Motor Fuel Tax Fund into
15    the Vehicle Inspection Fund;
16        (5) amounts ordered paid by the Court of Claims; and
17        (6) payment of motor fuel use taxes due to member
18    jurisdictions under the terms of the International Fuel Tax
19    Agreement. The Department shall certify these amounts to
20    the Comptroller by the 15th day of each month; the
21    Comptroller shall cause orders to be drawn for such
22    amounts, and the Treasurer shall administer those amounts
23    on or before the last day of each month;
24    (e) after allocations for the purposes set forth in
25subsections (a), (b), (c) and (d), the remaining amount shall
26be apportioned as follows:

 

 

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1        (1) Until January 1, 2000, 58.4%, and beginning January
2    1, 2000, 45.6% shall be deposited as follows:
3            (A) 37% into the State Construction Account Fund,
4        and
5            (B) 63% into the Road Fund, $1,250,000 of which
6        shall be reserved each month for the Department of
7        Transportation to be used in accordance with the
8        provisions of Sections 6-901 through 6-906 of the
9        Illinois Highway Code;
10        (2) Until January 1, 2000, 41.6%, and beginning January
11    1, 2000, 54.4% shall be transferred to the Department of
12    Transportation to be distributed as follows:
13            (A) 49.10% to the municipalities of the State,
14            (B) 16.74% to the counties of the State having
15        1,000,000 or more inhabitants,
16            (C) 18.27% to the counties of the State having less
17        than 1,000,000 inhabitants,
18            (D) 15.89% to the road districts of the State.
19    As soon as may be after the first day of each month the
20Department of Transportation shall allot to each municipality
21its share of the amount apportioned to the several
22municipalities which shall be in proportion to the population
23of such municipalities as determined by the last preceding
24municipal census if conducted by the Federal Government or
25Federal census. If territory is annexed to any municipality
26subsequent to the time of the last preceding census the

 

 

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1corporate authorities of such municipality may cause a census
2to be taken of such annexed territory and the population so
3ascertained for such territory shall be added to the population
4of the municipality as determined by the last preceding census
5for the purpose of determining the allotment for that
6municipality. If the population of any municipality was not
7determined by the last Federal census preceding any
8apportionment, the apportionment to such municipality shall be
9in accordance with any census taken by such municipality. Any
10municipal census used in accordance with this Section shall be
11certified to the Department of Transportation by the clerk of
12such municipality, and the accuracy thereof shall be subject to
13approval of the Department which may make such corrections as
14it ascertains to be necessary.
15    As soon as may be after the first day of each month the
16Department of Transportation shall allot to each county its
17share of the amount apportioned to the several counties of the
18State as herein provided. Each allotment to the several
19counties having less than 1,000,000 inhabitants shall be in
20proportion to the amount of motor vehicle license fees received
21from the residents of such counties, respectively, during the
22preceding calendar year. The Secretary of State shall, on or
23before April 15 of each year, transmit to the Department of
24Transportation a full and complete report showing the amount of
25motor vehicle license fees received from the residents of each
26county, respectively, during the preceding calendar year. The

 

 

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1Department of Transportation shall, each month, use for
2allotment purposes the last such report received from the
3Secretary of State.
4    As soon as may be after the first day of each month, the
5Department of Transportation shall allot to the several
6counties their share of the amount apportioned for the use of
7road districts. The allotment shall be apportioned among the
8several counties in the State in the proportion which the total
9mileage of township or district roads in the respective
10counties bears to the total mileage of all township and
11district roads in the State. Funds allotted to the respective
12counties for the use of road districts therein shall be
13allocated to the several road districts in the county in the
14proportion which the total mileage of such township or district
15roads in the respective road districts bears to the total
16mileage of all such township or district roads in the county.
17After July 1 of any year prior to 2011, no allocation shall be
18made for any road district unless it levied a tax for road and
19bridge purposes in an amount which will require the extension
20of such tax against the taxable property in any such road
21district at a rate of not less than either .08% of the value
22thereof, based upon the assessment for the year immediately
23prior to the year in which such tax was levied and as equalized
24by the Department of Revenue or, in DuPage County, an amount
25equal to or greater than $12,000 per mile of road under the
26jurisdiction of the road district, whichever is less. Beginning

 

 

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1July 1, 2011 and each July 1 thereafter, an allocation shall be
2made for any road district if it levied a tax for road and
3bridge purposes. In counties other than DuPage County, if the
4amount of the tax levy requires the extension of the tax
5against the taxable property in the road district at a rate
6that is less than 0.08% of the value thereof, based upon the
7assessment for the year immediately prior to the year in which
8the tax was levied and as equalized by the Department of
9Revenue, then the amount of the allocation for that road
10district shall be a percentage of the maximum allocation equal
11to the percentage obtained by dividing the rate extended by the
12district by 0.08%. In DuPage County, if the amount of the tax
13levy requires the extension of the tax against the taxable
14property in the road district at a rate that is less than the
15lesser of (i) 0.08% of the value of the taxable property in the
16road district, based upon the assessment for the year
17immediately prior to the year in which such tax was levied and
18as equalized by the Department of Revenue, or (ii) a rate that
19will yield an amount equal to $12,000 per mile of road under
20the jurisdiction of the road district, then the amount of the
21allocation for the road district shall be a percentage of the
22maximum allocation equal to the percentage obtained by dividing
23the rate extended by the district by the lesser of (i) 0.08% or
24(ii) the rate that will yield an amount equal to $12,000 per
25mile of road under the jurisdiction of the road district.
26    Prior to 2011, if any road district has levied a special

 

 

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1tax for road purposes pursuant to Sections 6-601, 6-602 and
26-603 of the Illinois Highway Code, and such tax was levied in
3an amount which would require extension at a rate of not less
4than .08% of the value of the taxable property thereof, as
5equalized or assessed by the Department of Revenue, or, in
6DuPage County, an amount equal to or greater than $12,000 per
7mile of road under the jurisdiction of the road district,
8whichever is less, such levy shall, however, be deemed a proper
9compliance with this Section and shall qualify such road
10district for an allotment under this Section. Beginning in 2011
11and thereafter, if any road district has levied a special tax
12for road purposes under Sections 6-601, 6-602, and 6-603 of the
13Illinois Highway Code, and the tax was levied in an amount that
14would require extension at a rate of not less than 0.08% of the
15value of the taxable property of that road district, as
16equalized or assessed by the Department of Revenue or, in
17DuPage County, an amount equal to or greater than $12,000 per
18mile of road under the jurisdiction of the road district,
19whichever is less, that levy shall be deemed a proper
20compliance with this Section and shall qualify such road
21district for a full, rather than proportionate, allotment under
22this Section. If the levy for the special tax is less than
230.08% of the value of the taxable property, or, in DuPage
24County if the levy for the special tax is less than the lesser
25of (i) 0.08% or (ii) $12,000 per mile of road under the
26jurisdiction of the road district, and if the levy for the

 

 

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1special tax is more than any other levy for road and bridge
2purposes, then the levy for the special tax qualifies the road
3district for a proportionate, rather than full, allotment under
4this Section. If the levy for the special tax is equal to or
5less than any other levy for road and bridge purposes, then any
6allotment under this Section shall be determined by the other
7levy for road and bridge purposes.
8    Prior to 2011, if a township has transferred to the road
9and bridge fund money which, when added to the amount of any
10tax levy of the road district would be the equivalent of a tax
11levy requiring extension at a rate of at least .08%, or, in
12DuPage County, an amount equal to or greater than $12,000 per
13mile of road under the jurisdiction of the road district,
14whichever is less, such transfer, together with any such tax
15levy, shall be deemed a proper compliance with this Section and
16shall qualify the road district for an allotment under this
17Section.
18    In counties in which a property tax extension limitation is
19imposed under the Property Tax Extension Limitation Law, road
20districts may retain their entitlement to a motor fuel tax
21allotment or, beginning in 2011, their entitlement to a full
22allotment if, at the time the property tax extension limitation
23was imposed, the road district was levying a road and bridge
24tax at a rate sufficient to entitle it to a motor fuel tax
25allotment and continues to levy the maximum allowable amount
26after the imposition of the property tax extension limitation.

 

 

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1Any road district may in all circumstances retain its
2entitlement to a motor fuel tax allotment or, beginning in
32011, its entitlement to a full allotment if it levied a road
4and bridge tax in an amount that will require the extension of
5the tax against the taxable property in the road district at a
6rate of not less than 0.08% of the assessed value of the
7property, based upon the assessment for the year immediately
8preceding the year in which the tax was levied and as equalized
9by the Department of Revenue or, in DuPage County, an amount
10equal to or greater than $12,000 per mile of road under the
11jurisdiction of the road district, whichever is less.
12    As used in this Section the term "road district" means any
13road district, including a county unit road district, provided
14for by the Illinois Highway Code; and the term "township or
15district road" means any road in the township and district road
16system as defined in the Illinois Highway Code. For the
17purposes of this Section, "township or district road" also
18includes such roads as are maintained by park districts, forest
19preserve districts and conservation districts. The Department
20of Transportation shall determine the mileage of all township
21and district roads for the purposes of making allotments and
22allocations of motor fuel tax funds for use in road districts.
23    Payment of motor fuel tax moneys to municipalities and
24counties shall be made as soon as possible after the allotment
25is made. The treasurer of the municipality or county may invest
26these funds until their use is required and the interest earned

 

 

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1by these investments shall be limited to the same uses as the
2principal funds.
3(Source: P.A. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24,
4eff. 6-19-13.)
 
5    Section 20-50. The Illinois Pension Code is amended by
6changing Section 16-158 as follows:
 
7    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
8    (Text of Section before amendment by P.A. 98-599)
9    Sec. 16-158. Contributions by State and other employing
10units.
11    (a) The State shall make contributions to the System by
12means of appropriations from the Common School Fund and other
13State funds of amounts which, together with other employer
14contributions, employee contributions, investment income, and
15other income, will be sufficient to meet the cost of
16maintaining and administering the System on a 90% funded basis
17in accordance with actuarial recommendations.
18    The Board shall determine the amount of State contributions
19required for each fiscal year on the basis of the actuarial
20tables and other assumptions adopted by the Board and the
21recommendations of the actuary, using the formula in subsection
22(b-3).
23    (a-1) Annually, on or before November 15 until November 15,
242011, the Board shall certify to the Governor the amount of the

 

 

09800SB0220ham002- 125 -LRB098 04693 JWD 60443 a

1required State contribution for the coming fiscal year. The
2certification under this subsection (a-1) shall include a copy
3of the actuarial recommendations upon which it is based and
4shall specifically identify the System's projected State
5normal cost 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

 

 

09800SB0220ham002- 126 -LRB098 04693 JWD 60443 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 any deviations from
13the State Actuary's recommended changes, the reason or reasons
14for not following the State Actuary's recommended changes, and
15the fiscal impact of not following the State Actuary's
16recommended changes on the required State contribution.
17    (b) Through State fiscal year 1995, the State contributions
18shall be paid to the System in accordance with Section 18-7 of
19the School Code.
20    (b-1) Beginning in State fiscal year 1996, on the 15th day
21of each month, or as soon thereafter as may be practicable, the
22Board shall submit vouchers for payment of State contributions
23to the System, in a total monthly amount of one-twelfth of the
24required annual State contribution certified under subsection
25(a-1). From the effective date of this amendatory Act of the
2693rd General Assembly through June 30, 2004, the Board shall

 

 

09800SB0220ham002- 127 -LRB098 04693 JWD 60443 a

1not submit vouchers for the remainder of fiscal year 2004 in
2excess of the fiscal year 2004 certified contribution amount
3determined under this Section after taking into consideration
4the transfer to the System under subsection (a) of Section
56z-61 of the State Finance Act. These vouchers shall be paid by
6the State Comptroller and Treasurer by warrants drawn on the
7funds appropriated to the System for that fiscal year.
8    If in any month the amount remaining unexpended from all
9other appropriations to the System for the applicable fiscal
10year (including the appropriations to the System under Section
118.12 of the State Finance Act and Section 1 of the State
12Pension Funds Continuing Appropriation Act) is less than the
13amount lawfully vouchered under this subsection, the
14difference shall be paid from the Common School Fund under the
15continuing appropriation authority provided in Section 1.1 of
16the State Pension Funds Continuing Appropriation Act.
17    (b-2) Allocations from the Common School Fund apportioned
18to school districts not coming under this System shall not be
19diminished or affected by the provisions of this Article.
20    (b-3) For State fiscal years 2012 through 2045, the minimum
21contribution to the System to be made by the State for each
22fiscal year shall be an amount determined by the System to be
23sufficient to bring the total assets of the System up to 90% of
24the total actuarial liabilities of the System by the end of
25State fiscal year 2045. In making these determinations, the
26required State contribution shall be calculated each year as a

 

 

09800SB0220ham002- 128 -LRB098 04693 JWD 60443 a

1level percentage of payroll over the years remaining to and
2including fiscal year 2045 and shall be determined under the
3projected unit credit actuarial cost method.
4    For State fiscal years 1996 through 2005, the State
5contribution to the System, as a percentage of the applicable
6employee payroll, shall be increased in equal annual increments
7so that by State fiscal year 2011, the State is contributing at
8the rate required under this Section; except that in the
9following specified State fiscal years, the State contribution
10to the System shall not be less than the following indicated
11percentages of the applicable employee payroll, even if the
12indicated percentage will produce a State contribution in
13excess of the amount otherwise required under this subsection
14and subsection (a), and notwithstanding any contrary
15certification made under subsection (a-1) before the effective
16date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
17in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
182003; and 13.56% in FY 2004.
19    Notwithstanding any other provision of this Article, the
20total required State contribution for State fiscal year 2006 is
21$534,627,700.
22    Notwithstanding any other provision of this Article, the
23total required State contribution for State fiscal year 2007 is
24$738,014,500.
25    For each of State fiscal years 2008 through 2009, the State
26contribution to the System, as a percentage of the applicable

 

 

09800SB0220ham002- 129 -LRB098 04693 JWD 60443 a

1employee payroll, shall be increased in equal annual increments
2from the required State contribution for State fiscal year
32007, so that by State fiscal year 2011, the State is
4contributing at the rate otherwise required under this Section.
5    Notwithstanding any other provision of this Article, the
6total required State contribution for State fiscal year 2010 is
7$2,089,268,000 and shall be made from the proceeds of bonds
8sold in fiscal year 2010 pursuant to Section 7.2 of the General
9Obligation Bond Act, less (i) the pro rata share of bond sale
10expenses determined by the System's share of total bond
11proceeds, (ii) any amounts received from the Common School Fund
12in fiscal year 2010, and (iii) any reduction in bond proceeds
13due to the issuance of discounted bonds, if applicable.
14    Notwithstanding any other provision of this Article, the
15total required State contribution for State fiscal year 2011 is
16the amount recertified by the System on or before April 1, 2011
17pursuant to subsection (a-1) of this Section and shall be made
18from the proceeds of bonds sold in fiscal year 2011 pursuant to
19Section 7.2 of the General Obligation Bond Act, less (i) the
20pro rata share of bond sale expenses determined by the System's
21share of total bond proceeds, (ii) any amounts received from
22the Common School Fund in fiscal year 2011, and (iii) any
23reduction in bond proceeds due to the issuance of discounted
24bonds, if applicable. This amount shall include, in addition to
25the amount certified by the System, an amount necessary to meet
26employer contributions required by the State as an employer

 

 

09800SB0220ham002- 130 -LRB098 04693 JWD 60443 a

1under paragraph (e) of this Section, which may also be used by
2the System for contributions required by paragraph (a) of
3Section 16-127.
4    Beginning in State fiscal year 2046, the minimum State
5contribution for each fiscal year shall be the amount needed to
6maintain the total assets of the System at 90% of the total
7actuarial liabilities of the System.
8    Amounts received by the System pursuant to Section 25 of
9the Budget Stabilization Act or Section 8.12 of the State
10Finance Act in any fiscal year do not reduce and do not
11constitute payment of any portion of the minimum State
12contribution required under this Article in that fiscal year.
13Such amounts shall not reduce, and shall not be included in the
14calculation of, the required State contributions under this
15Article in any future year until the System has reached a
16funding ratio of at least 90%. A reference in this Article to
17the "required State contribution" or any substantially similar
18term does not include or apply to any amounts payable to the
19System under Section 25 of the Budget Stabilization Act.
20    Notwithstanding any other provision of this Section, the
21required State contribution for State fiscal year 2005 and for
22fiscal year 2008 and each fiscal year thereafter, as calculated
23under this Section and certified under subsection (a-1), shall
24not exceed an amount equal to (i) the amount of the required
25State contribution that would have been calculated under this
26Section for that fiscal year if the System had not received any

 

 

09800SB0220ham002- 131 -LRB098 04693 JWD 60443 a

1payments under subsection (d) of Section 7.2 of the General
2Obligation Bond Act, minus (ii) the portion of the State's
3total debt service payments for that fiscal year on the bonds
4issued in fiscal year 2003 for the purposes of that Section
57.2, as determined and certified by the Comptroller, that is
6the same as the System's portion of the total moneys
7distributed under subsection (d) of Section 7.2 of the General
8Obligation Bond Act. In determining this maximum for State
9fiscal years 2008 through 2010, however, the amount referred to
10in item (i) shall be increased, as a percentage of the
11applicable employee payroll, in equal increments calculated
12from the sum of the required State contribution for State
13fiscal year 2007 plus the applicable portion of the State's
14total debt service payments for fiscal year 2007 on the bonds
15issued in fiscal year 2003 for the purposes of Section 7.2 of
16the General Obligation Bond Act, so that, by State fiscal year
172011, the State is contributing at the rate otherwise required
18under this Section.
19    (c) Payment of the required State contributions and of all
20pensions, retirement annuities, death benefits, refunds, and
21other benefits granted under or assumed by this System, and all
22expenses in connection with the administration and operation
23thereof, are obligations of the State.
24    If members are paid from special trust or federal funds
25which are administered by the employing unit, whether school
26district or other unit, the employing unit shall pay to the

 

 

09800SB0220ham002- 132 -LRB098 04693 JWD 60443 a

1System from such funds the full accruing retirement costs based
2upon that service, which, beginning July 1, 2014, shall be at a
3rate, expressed as a percentage of salary, equal to the total
4minimum contribution to the System to be made by the State for
5that fiscal year, including both normal cost and unfunded
6liability components, expressed as a percentage of payroll, as
7determined by the System under subsection (b-3) of this
8Section. Employer contributions, based on salary paid to
9members from federal funds, may be forwarded by the
10distributing 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 this amendatory Act of the 98th General Assembly
15shall be considered a State contribution under subsection (b-3)
16of 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%

 

 

09800SB0220ham002- 133 -LRB098 04693 JWD 60443 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 this amendatory Act of 1998.

 

 

09800SB0220ham002- 134 -LRB098 04693 JWD 60443 a

1    Each employer of teachers is entitled to a credit against
2the contributions required under this subsection (e) with
3respect to salaries paid to teachers for the period January 1,
42002 through June 30, 2003, equal to the amount paid by that
5employer under subsection (a-5) of Section 6.6 of the State
6Employees Group Insurance Act of 1971 with respect to salaries
7paid to teachers for that period.
8    The additional 1% employee contribution required under
9Section 16-152 by this amendatory Act of 1998 is the
10responsibility of the teacher and not the teacher's employer,
11unless the employer agrees, through collective bargaining or
12otherwise, to make the contribution on behalf of the teacher.
13    If an employer is required by a contract in effect on May
141, 1998 between the employer and an employee organization to
15pay, on behalf of all its full-time employees covered by this
16Article, all mandatory employee contributions required under
17this Article, then the employer shall be excused from paying
18the employer contribution required under this subsection (e)
19for the balance of the term of that contract. The employer and
20the employee organization shall jointly certify to the System
21the existence of the contractual requirement, in such form as
22the System may prescribe. This exclusion shall cease upon the
23termination, extension, or renewal of the contract at any time
24after May 1, 1998.
25    (f) If the amount of a teacher's salary for any school year
26used to determine final average salary exceeds the member's

 

 

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1annual full-time salary rate with the same employer for the
2previous school year by more than 6%, the teacher's employer
3shall pay to the System, in addition to all other payments
4required under this Section and in accordance with guidelines
5established by the System, the present value of the increase in
6benefits resulting from the portion of the increase in salary
7that is in excess of 6%. This present value shall be computed
8by the System on the basis of the actuarial assumptions and
9tables used in the most recent actuarial valuation of the
10System that is available at the time of the computation. If a
11teacher's salary for the 2005-2006 school year is used to
12determine final average salary under this subsection (f), then
13the changes made to this subsection (f) by Public Act 94-1057
14shall apply in calculating whether the increase in his or her
15salary is in excess of 6%. For the purposes of this Section,
16change in employment under Section 10-21.12 of the School Code
17on or after June 1, 2005 shall constitute a change in employer.
18The System may require the employer to provide any pertinent
19information or documentation. The changes made to this
20subsection (f) by this amendatory Act of the 94th General
21Assembly apply without regard to whether the teacher was in
22service on or after its effective date.
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

 

 

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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 and, if the employer asserts
5that the calculation is subject to subsection (g) or (h) of
6this Section, must include an affidavit setting forth and
7attesting to all facts within the employer's knowledge that are
8pertinent to the applicability of that subsection. Upon
9receiving a timely application for recalculation, the System
10shall review the application and, if appropriate, recalculate
11the amount due.
12    The employer contributions required under this subsection
13(f) may be paid in the form of a lump sum within 90 days after
14receipt of the bill. If the employer contributions are not paid
15within 90 days after receipt of the bill, then interest will be
16charged at a rate equal to the System's annual actuarially
17assumed rate of return on investment compounded annually from
18the 91st day after receipt of the bill. Payments must be
19concluded within 3 years after the employer's receipt of the
20bill.
21    (g) This subsection (g) applies only to payments made or
22salary increases given on or after June 1, 2005 but before July
231, 2011. The changes made by Public Act 94-1057 shall not
24require the System to refund any payments received before July
2531, 2006 (the effective date of Public Act 94-1057).
26    When assessing payment for any amount due under subsection

 

 

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1(f), the System shall exclude salary increases paid to teachers
2under contracts or collective bargaining agreements entered
3into, amended, or renewed before June 1, 2005.
4    When assessing payment for any amount due under subsection
5(f), the System shall exclude salary increases paid to a
6teacher at a time when the teacher is 10 or more years from
7retirement eligibility under Section 16-132 or 16-133.2.
8    When assessing payment for any amount due under subsection
9(f), the System shall exclude salary increases resulting from
10overload work, including summer school, when the school
11district has certified to the System, and the System has
12approved the certification, that (i) the overload work is for
13the sole purpose of classroom instruction in excess of the
14standard number of classes for a full-time teacher in a school
15district during a school year and (ii) the salary increases are
16equal to or less than the rate of pay for classroom instruction
17computed on the teacher's current salary and work schedule.
18    When assessing payment for any amount due under subsection
19(f), the System shall exclude a salary increase resulting from
20a promotion (i) for which the employee is required to hold a
21certificate or supervisory endorsement issued by the State
22Teacher Certification Board that is a different certification
23or supervisory endorsement than is required for the teacher's
24previous position and (ii) to a position that has existed and
25been filled by a member for no less than one complete academic
26year and the salary increase from the promotion is an increase

 

 

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1that results in an amount no greater than the lesser of the
2average salary paid for other similar positions in the district
3requiring the same certification or the amount stipulated in
4the collective bargaining agreement for a similar position
5requiring the same certification.
6    When assessing payment for any amount due under subsection
7(f), the System shall exclude any payment to the teacher from
8the State of Illinois or the State Board of Education over
9which the employer does not have discretion, notwithstanding
10that the payment is included in the computation of final
11average salary.
12    (h) When assessing payment for any amount due under
13subsection (f), the System shall exclude any salary increase
14described in subsection (g) of this Section given on or after
15July 1, 2011 but before July 1, 2014 under a contract or
16collective bargaining agreement entered into, amended, or
17renewed on or after June 1, 2005 but before July 1, 2011.
18Notwithstanding any other provision of this Section, any
19payments made or salary increases given after June 30, 2014
20shall be used in assessing payment for any amount due under
21subsection (f) of this Section.
22    (i) The System shall prepare a report and file copies of
23the report with the Governor and the General Assembly by
24January 1, 2007 that contains all of the following information:
25        (1) The number of recalculations required by the
26    changes made to this Section by Public Act 94-1057 for each

 

 

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1    employer.
2        (2) The dollar amount by which each employer's
3    contribution to the System was changed due to
4    recalculations required by Public Act 94-1057.
5        (3) The total amount the System received from each
6    employer as a result of the changes made to this Section by
7    Public Act 94-4.
8        (4) The increase in the required State contribution
9    resulting from the changes made to this Section by Public
10    Act 94-1057.
11    (j) For purposes of determining the required State
12contribution to the System, the value of the System's assets
13shall be equal to the actuarial value of the System's assets,
14which shall be calculated as follows:
15    As of June 30, 2008, the actuarial value of the System's
16assets shall be equal to the market value of the assets as of
17that date. In determining the actuarial value of the System's
18assets for fiscal years after June 30, 2008, any actuarial
19gains or losses from investment return incurred in a fiscal
20year shall be recognized in equal annual amounts over the
215-year period following that fiscal year.
22    (k) For purposes of determining the required State
23contribution to the system for a particular year, the actuarial
24value of assets shall be assumed to earn a rate of return equal
25to the system's actuarially assumed rate of return.
26(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11;

 

 

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196-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff.
26-18-12; 97-813, eff. 7-13-12.)
 
3    (Text of Section after amendment by P.A. 98-599)
4    Sec. 16-158. Contributions by State and other employing
5units.
6    (a) The State shall make contributions to the System by
7means of appropriations from the Common School Fund and other
8State funds of amounts which, together with other employer
9contributions, employee contributions, investment income, and
10other income, will be sufficient to meet the cost of
11maintaining and administering the System on a 100% funded basis
12in accordance with actuarial recommendations by the end of
13State fiscal year 2044.
14    The Board shall determine the amount of State contributions
15required for each fiscal year on the basis of the actuarial
16tables and other assumptions adopted by the Board and the
17recommendations of the actuary, using the formula in subsection
18(b-3).
19    (a-1) Annually, on or before November 15 through November
2015, 2011, the Board shall certify to the Governor the amount of
21the required State contribution for the coming fiscal year. The
22certification under this subsection (a-1) shall include a copy
23of the actuarial recommendations upon which it is based.
24    On or before May 1, 2004, the Board shall recalculate and
25recertify to the Governor the amount of the required State

 

 

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1contribution to the System for State fiscal year 2005, taking
2into account the amounts appropriated to and received by the
3System under subsection (d) of Section 7.2 of the General
4Obligation Bond Act.
5    On or before July 1, 2005, the Board shall recalculate and
6recertify to the Governor the amount of the required State
7contribution to the System for State fiscal year 2006, taking
8into account the changes in required State contributions made
9by this amendatory Act of the 94th General Assembly.
10    On or before April 1, 2011, the Board shall recalculate and
11recertify to the Governor the amount of the required State
12contribution to the System for State fiscal year 2011, applying
13the changes made by Public Act 96-889 to the System's assets
14and liabilities as of June 30, 2009 as though Public Act 96-889
15was approved on that date.
16    (a-5) On or before November 1 of each year, beginning
17November 1, 2012, the Board shall submit to the State Actuary,
18the Governor, and the General Assembly a proposed certification
19of the amount of the required State contribution to the System
20for the next fiscal year, along with all of the actuarial
21assumptions, calculations, and data upon which that proposed
22certification is based. On or before January 1 of each year,
23beginning January 1, 2013, the State Actuary shall issue a
24preliminary report concerning the proposed certification and
25identifying, if necessary, recommended changes in actuarial
26assumptions that the Board must consider before finalizing its

 

 

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1certification of the required State contributions.
2    On or before January 15, 2013 and each January 15
3thereafter, the Board shall certify to the Governor and the
4General Assembly the amount of the required State contribution
5for the next fiscal year. The certification shall include a
6copy of the actuarial recommendations upon which it is based
7and shall specifically identify the System's projected State
8normal cost for that fiscal year. The Board's certification
9must note any deviations from the State Actuary's recommended
10changes, the reason or reasons for not following the State
11Actuary's recommended changes, and the fiscal impact of not
12following the State Actuary's recommended changes on the
13required State contribution.
14    (a-10) For purposes of Section (c-5) of Section 20 of the
15Budget Stabilization Act, on or before November 1 of each year
16beginning November 1, 2014, the Board shall determine the
17amount of the State contribution to the System that would have
18been required for the next fiscal year if this amendatory Act
19of the 98th General Assembly had not taken effect, using the
20best and most recent available data but based on the law in
21effect on May 31, 2014. The Board shall submit to the State
22Actuary, the Governor, and the General Assembly a proposed
23certification, along with the relevant law, actuarial
24assumptions, calculations, and data upon which that
25certification is based. On or before January 1, 2015 and every
26January 1 thereafter, the State Actuary shall issue a

 

 

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1preliminary report concerning the proposed certification and
2identifying, if necessary, recommended changes in actuarial
3assumptions that the Board must consider before finalizing its
4certification. On or before January 15, 2015 and every January
51 thereafter, the Board shall certify to the Governor and the
6General Assembly the amount of the State contribution to the
7System that would have been required for the next fiscal year
8if this amendatory Act of the 98th General Assembly had not
9taken effect, using the best and most recent available data but
10based on the law in effect on May 31, 2014. The Board's
11certification must note any deviations from the State Actuary's
12recommended changes, the reason or reasons for not following
13the State Actuary's recommended changes, and the impact of not
14following the State Actuary's recommended changes.
15    (b) Through State fiscal year 1995, the State contributions
16shall be paid to the System in accordance with Section 18-7 of
17the School Code.
18    (b-1) Beginning in State fiscal year 1996, on the 15th day
19of each month, or as soon thereafter as may be practicable, the
20Board shall submit vouchers for payment of State contributions
21to the System, in a total monthly amount of one-twelfth of the
22required annual State contribution certified under subsection
23(a-1). From the effective date of this amendatory Act of the
2493rd General Assembly through June 30, 2004, the Board shall
25not submit vouchers for the remainder of fiscal year 2004 in
26excess of the fiscal year 2004 certified contribution amount

 

 

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1determined under this Section after taking into consideration
2the transfer to the System under subsection (a) of Section
36z-61 of the State Finance Act. These vouchers shall be paid by
4the State Comptroller and Treasurer by warrants drawn on the
5funds appropriated to the System for that fiscal year.
6    If in any month the amount remaining unexpended from all
7other appropriations to the System for the applicable fiscal
8year (including the appropriations to the System under Section
98.12 of the State Finance Act and Section 1 of the State
10Pension Funds Continuing Appropriation Act) is less than the
11amount lawfully vouchered under this subsection, the
12difference shall be paid from the Common School Fund under the
13continuing appropriation authority provided in Section 1.1 of
14the State Pension Funds Continuing Appropriation Act.
15    (b-2) Allocations from the Common School Fund apportioned
16to school districts not coming under this System shall not be
17diminished or affected by the provisions of this Article.
18    (b-3) For State fiscal years 2015 through 2044, the minimum
19contribution to the System to be made by the State for each
20fiscal year shall be an amount determined by the System to be
21equal to the sum of (1) the State's portion of the projected
22normal cost for that fiscal year, plus (2) an amount sufficient
23to bring the total assets of the System up to 100% of the total
24actuarial liabilities of the System by the end of State fiscal
25year 2044. In making these determinations, the required State
26contribution shall be calculated each year as a level

 

 

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1percentage of payroll over the years remaining to and including
2fiscal year 2044 and shall be determined under the projected
3unit cost method for fiscal year 2015 and under the entry age
4normal actuarial cost method for fiscal years 2016 through
52044.
6    For State fiscal years 2012 through 2014, the minimum
7contribution to the System to be made by the State for each
8fiscal year shall be an amount determined by the System to be
9sufficient to bring the total assets of the System up to 90% of
10the total actuarial liabilities of the System by the end of
11State fiscal year 2045. In making these determinations, the
12required State contribution shall be calculated each year as a
13level percentage of payroll over the years remaining to and
14including fiscal year 2045 and shall be determined under the
15projected unit credit actuarial cost method.
16    For State fiscal years 1996 through 2005, the State
17contribution to the System, as a percentage of the applicable
18employee payroll, shall be increased in equal annual increments
19so that by State fiscal year 2011, the State is contributing at
20the rate required under this Section; except that in the
21following specified State fiscal years, the State contribution
22to the System shall not be less than the following indicated
23percentages of the applicable employee payroll, even if the
24indicated percentage will produce a State contribution in
25excess of the amount otherwise required under this subsection
26and subsection (a), and notwithstanding any contrary

 

 

09800SB0220ham002- 146 -LRB098 04693 JWD 60443 a

1certification made under subsection (a-1) before the effective
2date of this amendatory Act of 1998: 10.02% in FY 1999; 10.77%
3in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86% in FY
42003; and 13.56% in FY 2004.
5    Notwithstanding any other provision of this Article, the
6total required State contribution for State fiscal year 2006 is
7$534,627,700.
8    Notwithstanding any other provision of this Article, the
9total required State contribution for State fiscal year 2007 is
10$738,014,500.
11    For each of State fiscal years 2008 through 2009, the State
12contribution to the System, as a percentage of the applicable
13employee payroll, shall be increased in equal annual increments
14from the required State contribution for State fiscal year
152007, so that by State fiscal year 2011, the State is
16contributing at the rate otherwise required under this Section.
17    Notwithstanding any other provision of this Article, the
18total required State contribution for State fiscal year 2010 is
19$2,089,268,000 and shall be made from the proceeds of bonds
20sold in fiscal year 2010 pursuant to Section 7.2 of the General
21Obligation Bond Act, less (i) the pro rata share of bond sale
22expenses determined by the System's share of total bond
23proceeds, (ii) any amounts received from the Common School Fund
24in fiscal year 2010, and (iii) any reduction in bond proceeds
25due to the issuance of discounted bonds, if applicable.
26    Notwithstanding any other provision of this Article, the

 

 

09800SB0220ham002- 147 -LRB098 04693 JWD 60443 a

1total required State contribution for State fiscal year 2011 is
2the amount recertified by the System on or before April 1, 2011
3pursuant to subsection (a-1) of this Section and shall be made
4from the proceeds of bonds sold in fiscal year 2011 pursuant to
5Section 7.2 of the General Obligation Bond Act, less (i) the
6pro rata share of bond sale expenses determined by the System's
7share of total bond proceeds, (ii) any amounts received from
8the Common School Fund in fiscal year 2011, and (iii) any
9reduction in bond proceeds due to the issuance of discounted
10bonds, if applicable. This amount shall include, in addition to
11the amount certified by the System, an amount necessary to meet
12employer contributions required by the State as an employer
13under paragraph (e) of this Section, which may also be used by
14the System for contributions required by paragraph (a) of
15Section 16-127.
16    Beginning in State fiscal year 2045, the minimum State
17contribution for each fiscal year shall be the amount needed to
18maintain the total assets of the System at 100% of the total
19actuarial liabilities of the System.
20    Amounts received by the System pursuant to Section 25 of
21the Budget Stabilization Act or Section 8.12 of the State
22Finance Act in any fiscal year do not reduce and do not
23constitute payment of any portion of the minimum State
24contribution required under this Article in that fiscal year.
25Such amounts shall not reduce, and shall not be included in the
26calculation of, the required State contributions under this

 

 

09800SB0220ham002- 148 -LRB098 04693 JWD 60443 a

1Article in any future year until the System has reached a
2funding ratio of at least 100%. A reference in this Article to
3the "required State contribution" or any substantially similar
4term does not include or apply to any amounts payable to the
5System under Section 25 of the Budget Stabilization Act.
6    Notwithstanding any other provision of this Section, the
7required State contribution for State fiscal year 2005 and for
8fiscal year 2008 and each fiscal year thereafter through State
9fiscal year 2014, as calculated under this Section and
10certified under subsection (a-1), shall not exceed an amount
11equal to (i) the amount of the required State contribution that
12would have been calculated under this Section for that fiscal
13year if the System had not received any payments under
14subsection (d) of Section 7.2 of the General Obligation Bond
15Act, minus (ii) the portion of the State's total debt service
16payments for that fiscal year on the bonds issued in fiscal
17year 2003 for the purposes of that Section 7.2, as determined
18and certified by the Comptroller, that is the same as the
19System's portion of the total moneys distributed under
20subsection (d) of Section 7.2 of the General Obligation Bond
21Act. In determining this maximum for State fiscal years 2008
22through 2010, however, the amount referred to in item (i) shall
23be increased, as a percentage of the applicable employee
24payroll, in equal increments calculated from the sum of the
25required State contribution for State fiscal year 2007 plus the
26applicable portion of the State's total debt service payments

 

 

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1for fiscal year 2007 on the bonds issued in fiscal year 2003
2for the purposes of Section 7.2 of the General Obligation Bond
3Act, so that, by State fiscal year 2011, the State is
4contributing at the rate otherwise required under this Section.
5    (c) Payment of the required State contributions and of all
6pensions, retirement annuities, death benefits, refunds, and
7other benefits granted under or assumed by this System, and all
8expenses in connection with the administration and operation
9thereof, are obligations of the State.
10    If members are paid from special trust or federal funds
11which are administered by the employing unit, whether school
12district or other unit, the employing unit shall pay to the
13System from such funds the full accruing retirement costs based
14upon that service, which, beginning July 1, 2014, shall be at a
15rate, expressed as a percentage of salary, equal to the total
16minimum contribution to the System to be made by the State for
17that fiscal year, including both normal cost and unfunded
18liability components, expressed as a percentage of payroll, as
19determined by the System under subsection (b-3) of this
20Section. Employer contributions, based on salary paid to
21members from federal funds, may be forwarded by the
22distributing agency of the State of Illinois to the System
23prior to allocation, in an amount determined in accordance with
24guidelines established by such agency and the System. Any
25contribution for Fiscal Year 2015 collected as a result of the
26change made by this amendatory Act of the 98th General Assembly

 

 

09800SB0220ham002- 150 -LRB098 04693 JWD 60443 a

1shall be considered a State contribution under subsection (b-3)
2of this Section.
3    (d) Effective July 1, 1986, any employer of a teacher as
4defined in paragraph (8) of Section 16-106 shall pay the
5employer's normal cost of benefits based upon the teacher's
6service, in addition to employee contributions, as determined
7by the System. Such employer contributions shall be forwarded
8monthly in accordance with guidelines established by the
9System.
10    However, with respect to benefits granted under Section
1116-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
12of Section 16-106, the employer's contribution shall be 12%
13(rather than 20%) of the member's highest annual salary rate
14for each year of creditable service granted, and the employer
15shall also pay the required employee contribution on behalf of
16the teacher. For the purposes of Sections 16-133.4 and
1716-133.5, a teacher as defined in paragraph (8) of Section
1816-106 who is serving in that capacity while on leave of
19absence from another employer under this Article shall not be
20considered an employee of the employer from which the teacher
21is on leave.
22    (e) Beginning July 1, 1998, every employer of a teacher
23shall pay to the System an employer contribution computed as
24follows:
25        (1) Beginning July 1, 1998 through June 30, 1999, the
26    employer contribution shall be equal to 0.3% of each

 

 

09800SB0220ham002- 151 -LRB098 04693 JWD 60443 a

1    teacher's salary.
2        (2) Beginning July 1, 1999 and thereafter, the employer
3    contribution shall be equal to 0.58% of each teacher's
4    salary.
5The school district or other employing unit may pay these
6employer contributions out of any source of funding available
7for that purpose and shall forward the contributions to the
8System on the schedule established for the payment of member
9contributions.
10    These employer contributions are intended to offset a
11portion of the cost to the System of the increases in
12retirement benefits resulting from this amendatory Act of 1998.
13    Each employer of teachers is entitled to a credit against
14the contributions required under this subsection (e) with
15respect to salaries paid to teachers for the period January 1,
162002 through June 30, 2003, equal to the amount paid by that
17employer under subsection (a-5) of Section 6.6 of the State
18Employees Group Insurance Act of 1971 with respect to salaries
19paid to teachers for that period.
20    The additional 1% employee contribution required under
21Section 16-152 by this amendatory Act of 1998 is the
22responsibility of the teacher and not the teacher's employer,
23unless the employer agrees, through collective bargaining or
24otherwise, to make the contribution on behalf of the teacher.
25    If an employer is required by a contract in effect on May
261, 1998 between the employer and an employee organization to

 

 

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1pay, on behalf of all its full-time employees covered by this
2Article, all mandatory employee contributions required under
3this Article, then the employer shall be excused from paying
4the employer contribution required under this subsection (e)
5for the balance of the term of that contract. The employer and
6the employee organization shall jointly certify to the System
7the existence of the contractual requirement, in such form as
8the System may prescribe. This exclusion shall cease upon the
9termination, extension, or renewal of the contract at any time
10after May 1, 1998.
11    (f) If the amount of a teacher's salary for any school year
12used to determine final average salary exceeds the member's
13annual full-time salary rate with the same employer for the
14previous school year by more than 6%, the teacher's employer
15shall pay to the System, in addition to all other payments
16required under this Section and in accordance with guidelines
17established by the System, the present value of the increase in
18benefits resulting from the portion of the increase in salary
19that is in excess of 6%. This present value shall be computed
20by the System on the basis of the actuarial assumptions and
21tables used in the most recent actuarial valuation of the
22System that is available at the time of the computation. If a
23teacher's salary for the 2005-2006 school year is used to
24determine final average salary under this subsection (f), then
25the changes made to this subsection (f) by Public Act 94-1057
26shall apply in calculating whether the increase in his or her

 

 

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1salary is in excess of 6%. For the purposes of this Section,
2change in employment under Section 10-21.12 of the School Code
3on or after June 1, 2005 shall constitute a change in employer.
4The System may require the employer to provide any pertinent
5information or documentation. The changes made to this
6subsection (f) by this amendatory Act of the 94th General
7Assembly apply without regard to whether the teacher was in
8service on or after its effective date.
9    Whenever it determines that a payment is or may be required
10under this subsection, the System shall calculate the amount of
11the payment and bill the employer for that amount. The bill
12shall specify the calculations used to determine the amount
13due. If the employer disputes the amount of the bill, it may,
14within 30 days after receipt of the bill, apply to the System
15in writing for a recalculation. The application must specify in
16detail the grounds of the dispute and, if the employer asserts
17that the calculation is subject to subsection (g) or (h) of
18this Section, must include an affidavit setting forth and
19attesting to all facts within the employer's knowledge that are
20pertinent to the applicability of that subsection. Upon
21receiving a timely application for recalculation, the System
22shall review the application and, if appropriate, recalculate
23the amount due.
24    The employer contributions required under this subsection
25(f) may be paid in the form of a lump sum within 90 days after
26receipt of the bill. If the employer contributions are not paid

 

 

09800SB0220ham002- 154 -LRB098 04693 JWD 60443 a

1within 90 days after receipt of the bill, then interest will be
2charged at a rate equal to the System's annual actuarially
3assumed rate of return on investment compounded annually from
4the 91st day after receipt of the bill. Payments must be
5concluded within 3 years after the employer's receipt of the
6bill.
7    (g) This subsection (g) applies only to payments made or
8salary increases given on or after June 1, 2005 but before July
91, 2011. The changes made by Public Act 94-1057 shall not
10require the System to refund any payments received before July
1131, 2006 (the effective date of Public Act 94-1057).
12    When assessing payment for any amount due under subsection
13(f), the System shall exclude salary increases paid to teachers
14under contracts or collective bargaining agreements entered
15into, amended, or renewed before June 1, 2005.
16    When assessing payment for any amount due under subsection
17(f), the System shall exclude salary increases paid to a
18teacher at a time when the teacher is 10 or more years from
19retirement eligibility under Section 16-132 or 16-133.2.
20    When assessing payment for any amount due under subsection
21(f), the System shall exclude salary increases resulting from
22overload work, including summer school, when the school
23district has certified to the System, and the System has
24approved the certification, that (i) the overload work is for
25the sole purpose of classroom instruction in excess of the
26standard number of classes for a full-time teacher in a school

 

 

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1district during a school year and (ii) the salary increases are
2equal to or less than the rate of pay for classroom instruction
3computed on the teacher's current salary and work schedule.
4    When assessing payment for any amount due under subsection
5(f), the System shall exclude a salary increase resulting from
6a promotion (i) for which the employee is required to hold a
7certificate or supervisory endorsement issued by the State
8Teacher Certification Board that is a different certification
9or supervisory endorsement than is required for the teacher's
10previous position and (ii) to a position that has existed and
11been filled by a member for no less than one complete academic
12year and the salary increase from the promotion is an increase
13that results in an amount no greater than the lesser of the
14average salary paid for other similar positions in the district
15requiring the same certification or the amount stipulated in
16the collective bargaining agreement for a similar position
17requiring the same certification.
18    When assessing payment for any amount due under subsection
19(f), the System shall exclude any payment to the teacher from
20the State of Illinois or the State Board of Education over
21which the employer does not have discretion, notwithstanding
22that the payment is included in the computation of final
23average salary.
24    (h) When assessing payment for any amount due under
25subsection (f), the System shall exclude any salary increase
26described in subsection (g) of this Section given on or after

 

 

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1July 1, 2011 but before July 1, 2014 under a contract or
2collective bargaining agreement entered into, amended, or
3renewed on or after June 1, 2005 but before July 1, 2011.
4Notwithstanding any other provision of this Section, any
5payments made or salary increases given after June 30, 2014
6shall be used in assessing payment for any amount due under
7subsection (f) of this Section.
8    (i) The System shall prepare a report and file copies of
9the report with the Governor and the General Assembly by
10January 1, 2007 that contains all of the following information:
11        (1) The number of recalculations required by the
12    changes made to this Section by Public Act 94-1057 for each
13    employer.
14        (2) The dollar amount by which each employer's
15    contribution to the System was changed due to
16    recalculations required by Public Act 94-1057.
17        (3) The total amount the System received from each
18    employer as a result of the changes made to this Section by
19    Public Act 94-4.
20        (4) The increase in the required State contribution
21    resulting from the changes made to this Section by Public
22    Act 94-1057.
23    (j) For purposes of determining the required State
24contribution to the System, the value of the System's assets
25shall be equal to the actuarial value of the System's assets,
26which shall be calculated as follows:

 

 

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1    As of June 30, 2008, the actuarial value of the System's
2assets shall be equal to the market value of the assets as of
3that date. In determining the actuarial value of the System's
4assets for fiscal years after June 30, 2008, any actuarial
5gains or losses from investment return incurred in a fiscal
6year shall be recognized in equal annual amounts over the
75-year period following that fiscal year.
8    (k) For purposes of determining the required State
9contribution to the system for a particular year, the actuarial
10value of assets shall be assumed to earn a rate of return equal
11to the system's actuarially assumed rate of return.
12(Source: P.A. 97-694, eff. 6-18-12; 97-813, eff. 7-13-12;
1398-599, eff. 6-1-14.)
 
14    Section 20-55. The Illinois Police Training Act is amended
15by changing Section 9 as follows:
 
16    (50 ILCS 705/9)  (from Ch. 85, par. 509)
17    Sec. 9. A special fund is hereby established in the State
18Treasury to be known as "The Traffic and Criminal Conviction
19Surcharge Fund" and shall be financed as provided in Section
209.1 of this Act and Section 5-9-1 of the "Unified Code of
21Corrections", unless the fines, costs or additional amounts
22imposed are subject to disbursement by the circuit clerk under
23Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
24shall be expended as follows:

 

 

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1        (1) A portion of the total amount deposited in the Fund
2    may be used, as appropriated by the General Assembly, for
3    the ordinary and contingent expenses of the Illinois Law
4    Enforcement Training Standards Board;
5        (2) A portion of the total amount deposited in the Fund
6    shall be appropriated for the reimbursement of local
7    governmental agencies participating in training programs
8    certified by the Board, in an amount equaling 1/2 of the
9    total sum paid by such agencies during the State's previous
10    fiscal year for mandated training for probationary police
11    officers or probationary county corrections officers and
12    for optional advanced and specialized law enforcement or
13    county corrections training. These reimbursements may
14    include the costs for tuition at training schools, the
15    salaries of trainees while in schools, and the necessary
16    travel and room and board expenses for each trainee. If the
17    appropriations under this paragraph (2) are not sufficient
18    to fully reimburse the participating local governmental
19    agencies, the available funds shall be apportioned among
20    such agencies, with priority first given to repayment of
21    the costs of mandatory training given to law enforcement
22    officer or county corrections officer recruits, then to
23    repayment of costs of advanced or specialized training for
24    permanent police officers or permanent county corrections
25    officers;
26        (3) A portion of the total amount deposited in the Fund

 

 

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1    may be used to fund the "Intergovernmental Law Enforcement
2    Officer's In-Service Training Act", veto overridden
3    October 29, 1981, as now or hereafter amended, at a rate
4    and method to be determined by the board;
5        (4) A portion of the Fund also may be used by the
6    Illinois Department of State Police for expenses incurred
7    in the training of employees from any State, county or
8    municipal agency whose function includes enforcement of
9    criminal or traffic law;
10        (5) A portion of the Fund may be used by the Board to
11    fund grant-in-aid programs and services for the training of
12    employees from any county or municipal agency whose
13    functions include corrections or the enforcement of
14    criminal or traffic law; and
15        (6) For fiscal years 2013, 2014, and 2015 2014 only, a
16    portion of the Fund also may be used by the Department of
17    State Police to finance any of its lawful purposes or
18    functions.
19    All payments from the Traffic and Criminal Conviction
20Surcharge Fund shall be made each year from moneys appropriated
21for the purposes specified in this Section. No more than 50% of
22any appropriation under this Act shall be spent in any city
23having a population of more than 500,000. The State Comptroller
24and the State Treasurer shall from time to time, at the
25direction of the Governor, transfer from the Traffic and
26Criminal Conviction Surcharge Fund to the General Revenue Fund

 

 

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1in the State Treasury such amounts as the Governor determines
2are in excess of the amounts required to meet the obligations
3of the Traffic and Criminal Conviction Surcharge Fund.
4(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
 
5    Section 20-60. The Law Enforcement Camera Grant Act is
6amended by changing Section 10 as follows:
 
7    (50 ILCS 707/10)
8    Sec. 10. Law Enforcement Camera Grant Fund; creation,
9rules.
10    (a) The Law Enforcement Camera Grant Fund is created as a
11special fund in the State treasury. From appropriations to the
12Board from the Fund, the Board must make grants to units of
13local government in Illinois for the purpose of installing
14video cameras in law enforcement vehicles and training law
15enforcement officers in the operation of the cameras.
16    Moneys received for the purposes of this Section,
17including, without limitation, fee receipts and gifts, grants,
18and awards from any public or private entity, must be deposited
19into the Fund. Any interest earned on moneys in the Fund must
20be deposited into the Fund.
21    (b) The Board may set requirements for the distribution of
22grant moneys and determine which law enforcement agencies are
23eligible.
24    (c) The Board shall develop model rules to be adopted by

 

 

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1law enforcement agencies that receive grants under this
2Section. The rules shall include the following requirements:
3        (1) Cameras must be installed in the law enforcement
4    vehicles.
5        (2) Videotaping must provide audio of the officer when
6    the officer is outside of the vehicle.
7        (3) Camera access must be restricted to the supervisors
8    of the officer in the vehicle.
9        (4) Cameras must be turned on continuously throughout
10    the officer's shift.
11        (5) A copy of the videotape must be made available upon
12    request to personnel of the law enforcement agency, the
13    local State's Attorney, and any persons depicted in the
14    video. Procedures for distribution of the videotape must
15    include safeguards to protect the identities of
16    individuals who are not a party to the requested stop.
17        (6) Law enforcement agencies that receive moneys under
18    this grant shall provide for storage of the tapes for a
19    period of not less than 2 years.
20    (d) Any law enforcement agency receiving moneys under this
21Section must provide an annual report to the Board, the
22Governor, and the General Assembly, which will be due on May 1
23of the year following the receipt of the grant and each May 1
24thereafter during the period of the grant. The report shall
25include (i) the number of cameras received by the law
26enforcement agency, (ii) the number of cameras actually

 

 

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1installed in law enforcement vehicles, (iii) a brief
2description of the review process used by supervisors within
3the law enforcement agency, (iv) a list of any criminal,
4traffic, ordinance, and civil cases where video recordings were
5used, including party names, case numbers, offenses charged,
6and disposition of the matter, (this item applies, but is not
7limited to, court proceedings, coroner's inquests, grand jury
8proceedings, and plea bargains), and (v) any other information
9relevant to the administration of the program.
10    (e) No applications for grant money under this Section
11shall be accepted before January 1, 2007 or after January 1,
122011.
13    (f) Notwithstanding any other provision of law, in addition
14to any other transfers that may be provided by law, on July 1,
152012 only, or as soon thereafter as practical, the State
16Comptroller shall direct and the State Treasurer shall transfer
17any funds in excess of $1,000,000 held in the Law Enforcement
18Camera Grant Fund to the State Police Operations Assistance
19Fund.
20    (g) Notwithstanding any other provision of law, in addition
21to any other transfers that may be provided by law, on July 1,
222013 only, or as soon thereafter as practical, the State
23Comptroller shall direct and the State Treasurer shall transfer
24the sum of $2,000,000 from the Law Enforcement Camera Grant
25Fund to the Traffic and Criminal Conviction Surcharge Fund.
26    (h) Notwithstanding any other provision of law, in addition

 

 

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1to any other transfers that may be provided by law, the State
2Comptroller shall direct and the State Treasurer shall transfer
3the sum of $2,000,000 from the Law Enforcement Camera Grant
4Fund to the Traffic and Criminal Conviction Surcharge Fund
5according to the schedule specified as follows: one-half of the
6specified amount shall be transferred on July 1, 2014, or as
7soon thereafter as practical, and one-half of the specified
8amount shall be transferred on June 1, 2015, or as soon
9thereafter as practical.
10(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
 
11    Section 20-65. The Family Practice Residency Act is amended
12by changing Sections 2, 3, and 4.10 and by adding Section 3.09
13as follows:
 
14    (110 ILCS 935/2)  (from Ch. 144, par. 1452)
15    Sec. 2. The purpose of this Act is to establish programs a
16program in the Illinois Department of Public Health to upgrade
17primary health care services for all citizens of the State, to
18increase access, and to reduce health care disparities by
19providing grants to family practice and preventive medicine
20residency programs, scholarships to medical students, and a
21loan repayment program for physicians and other eligible
22primary care providers who will agree to practice in areas of
23the State demonstrating the greatest need for more professional
24medical care. The programs program shall encourage family

 

 

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1practice physicians and other eligible primary care providers
2to locate in areas where health manpower shortages exist and to
3increase the total number of family practice physicians and
4other eligible primary care providers in the State.
5(Source: P.A. 86-926.)
 
6    (110 ILCS 935/3)  (from Ch. 144, par. 1453)
7    Sec. 3. The terms specified in the following Sections 3.01
8through 3.08 have the meanings ascribed to them in those
9Sections unless the context of this Act otherwise requires.
10(Source: P.A. 80-478.)
 
11    (110 ILCS 935/3.09 new)
12    Sec. 3.09. Eligible primary care providers. "Eligible
13primary care providers" means health care providers within
14specialties determined to be eligible by the U.S. Health
15Resources and Services Administration for the National Health
16Service Corps Loan Repayment Program.
 
17    (110 ILCS 935/4.10)  (from Ch. 144, par. 1454.10)
18    Sec. 4.10. To establish programs a program, and the
19criteria for such programs program, for the repayment of the
20educational loans of primary care physicians and other eligible
21primary care providers who agree to serve in Designated
22Shortage Areas for a specified period of time, no less than 2
23years. Payments under this program may be made for the

 

 

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1principal, interest and related expenses of government and
2commercial loans received by the individual for tuition
3expenses, and all other reasonable educational expenses
4incurred by the individual. The maximum annual payment which
5may be made to an individual under this law is $20,000, or 25%
6of the total covered educational indebtedness as provided in
7this Section, whichever is less. Payments made under this
8provision shall be exempt from Illinois State Income Tax. The
9Department may use tobacco settlement recovery funding or other
10available funding to implement this Section.
11(Source: P.A. 92-16, eff. 6-28-01.)
 
12    Section 20-70. The Illinois Public Aid Code is amended by
13changing Sections 3-5, 5-33, and 5-34 as follows:
 
14    (305 ILCS 5/3-5)  (from Ch. 23, par. 3-5)
15    Sec. 3-5. Amount of aid. The amount and nature of financial
16aid granted to or in behalf of aged, blind, or disabled persons
17shall be determined in accordance with the standards, grant
18amounts, rules and regulations of the Illinois Department. Due
19regard shall be given to the requirements and conditions
20existing in each case, and to the amount of property owned and
21the income, money contributions, and other support, and
22resources received or obtainable by the person, from whatever
23source. However, the amount and nature of any financial aid is
24not affected by the payment of any grant under the "Senior

 

 

09800SB0220ham002- 166 -LRB098 04693 JWD 60443 a

1Citizens and Disabled Persons Property Tax Relief Act" or any
2distributions or items of income described under subparagraph
3(X) of paragraph (2) of subsection (a) of Section 203 of the
4Illinois Income Tax Act. The aid shall be sufficient, when
5added to all other income, money contributions and support, to
6provide the person with a grant in the amount established by
7Department regulation for such a person, based upon standards
8providing a livelihood compatible with health and well-being.
9Financial aid under this Article granted to persons who have
10been found ineligible for Supplemental Security Income (SSI)
11due to expiration of the period of eligibility for refugees and
12asylees pursuant to 8 U.S.C. 1612(a)(2) shall equal 90% of the
13current maximum SSI payment amount per month not exceed $500
14per month.
15(Source: P.A. 97-689, eff. 6-14-12.)
 
16    (305 ILCS 5/5-33 new)
17    Sec. 5-33. Personal needs allowance; ID/DD facility.
18During State fiscal year 2015 only and no later than January 1,
192015, the monthly personal needs allowance required under
20Section 1902(g) of Title XIX of the Social Security Act (42
21U.S.C. 1396(g)) for any person residing in a facility licensed
22under the ID/DD Community Care Act and who has been determined
23eligible for medical assistance under this Code shall be no
24less than $60.
25    This Section is repealed on January 1, 2016.
 

 

 

09800SB0220ham002- 167 -LRB098 04693 JWD 60443 a

1    (305 ILCS 5/5-34 new)
2    Sec. 5-34. Personal needs allowance; CILA. During State
3fiscal year 2015 only and no later than January 1, 2015, the
4monthly personal needs allowance required under Section
51902(g) of Title XIX of the Social Security Act (42 U.S.C.
61396(g)) for any person residing in a facility licensed under
7the Community-Integrated Living Arrangements Licensure and
8Certification Act, who is determined to be eligible for medical
9assistance under this Code and who is enrolled in the Illinois
10Home and Community Based Services Medicaid Waiver program for
11adults with developmental disabilities, shall be no less than
12$60.
13    This Section is repealed on January 1, 2016.
 
14
ARTICLE 25. RETIREMENT CONTRIBUTIONS

 
15    Section 25-5. The State Finance Act is amended by changing
16Sections 8.12 and 14.1 as follows:
 
17    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
18    Sec. 8.12. State Pensions Fund.
19    (a) The moneys in the State Pensions Fund shall be used
20exclusively for the administration of the Uniform Disposition
21of Unclaimed Property Act and for the expenses incurred by the
22Auditor General for administering the provisions of Section

 

 

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12-8.1 of the Illinois State Auditing Act and for the funding of
2the unfunded liabilities of the designated retirement systems.
3Beginning in State fiscal year 2016 2015, payments to the
4designated retirement systems under this Section shall be in
5addition to, and not in lieu of, any State contributions
6required under the Illinois Pension Code.
7    "Designated retirement systems" means:
8        (1) the State Employees' Retirement System of
9    Illinois;
10        (2) the Teachers' Retirement System of the State of
11    Illinois;
12        (3) the State Universities Retirement System;
13        (4) the Judges Retirement System of Illinois; and
14        (5) the General Assembly Retirement System.
15    (b) Each year the General Assembly may make appropriations
16from the State Pensions Fund for the administration of the
17Uniform Disposition of Unclaimed Property Act.
18    Each month, the Commissioner of the Office of Banks and
19Real Estate shall certify to the State Treasurer the actual
20expenditures that the Office of Banks and Real Estate incurred
21conducting unclaimed property examinations under the Uniform
22Disposition of Unclaimed Property Act during the immediately
23preceding month. Within a reasonable time following the
24acceptance of such certification by the State Treasurer, the
25State Treasurer shall pay from its appropriation from the State
26Pensions Fund to the Bank and Trust Company Fund and the

 

 

09800SB0220ham002- 169 -LRB098 04693 JWD 60443 a

1Savings and Residential Finance Regulatory Fund an amount equal
2to the expenditures incurred by each Fund for that month.
3    Each month, the Director of Financial Institutions shall
4certify to the State Treasurer the actual expenditures that the
5Department of Financial Institutions incurred conducting
6unclaimed property examinations under the Uniform Disposition
7of Unclaimed Property Act during the immediately preceding
8month. Within a reasonable time following the acceptance of
9such certification by the State Treasurer, the State Treasurer
10shall pay from its appropriation from the State Pensions Fund
11to the Financial Institution Fund and the Credit Union Fund an
12amount equal to the expenditures incurred by each Fund for that
13month.
14    (c) As soon as possible after the effective date of this
15amendatory Act of the 93rd General Assembly, the General
16Assembly shall appropriate from the State Pensions Fund (1) to
17the State Universities Retirement System the amount certified
18under Section 15-165 during the prior year, (2) to the Judges
19Retirement System of Illinois the amount certified under
20Section 18-140 during the prior year, and (3) to the General
21Assembly Retirement System the amount certified under Section
222-134 during the prior year as part of the required State
23contributions to each of those designated retirement systems;
24except that amounts appropriated under this subsection (c) in
25State fiscal year 2005 shall not reduce the amount in the State
26Pensions Fund below $5,000,000. If the amount in the State

 

 

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1Pensions Fund does not exceed the sum of the amounts certified
2in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
3the amount paid to each designated retirement system under this
4subsection shall be reduced in proportion to the amount
5certified by each of those designated retirement systems.
6    (c-5) For fiscal years 2006 through 2015 2014, the General
7Assembly shall appropriate from the State Pensions Fund to the
8State Universities Retirement System the amount estimated to be
9available during the fiscal year in the State Pensions Fund;
10provided, however, that the amounts appropriated under this
11subsection (c-5) shall not reduce the amount in the State
12Pensions Fund below $5,000,000.
13    (c-6) For fiscal year 2016 2015 and each fiscal year
14thereafter, as soon as may be practical after any money is
15deposited into the State Pensions Fund from the Unclaimed
16Property Trust Fund, the State Treasurer shall apportion the
17deposited amount among the designated retirement systems as
18defined in subsection (a) to reduce their actuarial reserve
19deficiencies. The State Comptroller and State Treasurer shall
20pay the apportioned amounts to the designated retirement
21systems to fund the unfunded liabilities of the designated
22retirement systems. The amount apportioned to each designated
23retirement system shall constitute a portion of the amount
24estimated to be available for appropriation from the State
25Pensions Fund that is the same as that retirement system's
26portion of the total actual reserve deficiency of the systems,

 

 

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1as determined annually by the Governor's Office of Management
2and Budget at the request of the State Treasurer. The amounts
3apportioned under this subsection shall not reduce the amount
4in the State Pensions Fund below $5,000,000.
5    (d) The Governor's Office of Management and Budget shall
6determine the individual and total reserve deficiencies of the
7designated retirement systems. For this purpose, the
8Governor's Office of Management and Budget shall utilize the
9latest available audit and actuarial reports of each of the
10retirement systems and the relevant reports and statistics of
11the Public Employee Pension Fund Division of the Department of
12Insurance.
13    (d-1) As soon as practicable after the effective date of
14this amendatory Act of the 93rd General Assembly, the
15Comptroller shall direct and the Treasurer shall transfer from
16the State Pensions Fund to the General Revenue Fund, as funds
17become available, a sum equal to the amounts that would have
18been paid from the State Pensions Fund to the Teachers'
19Retirement System of the State of Illinois, the State
20Universities Retirement System, the Judges Retirement System
21of Illinois, the General Assembly Retirement System, and the
22State Employees' Retirement System of Illinois after the
23effective date of this amendatory Act during the remainder of
24fiscal year 2004 to the designated retirement systems from the
25appropriations provided for in this Section if the transfers
26provided in Section 6z-61 had not occurred. The transfers

 

 

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1described in this subsection (d-1) are to partially repay the
2General Revenue Fund for the costs associated with the bonds
3used to fund the moneys transferred to the designated
4retirement systems under Section 6z-61.
5    (e) The changes to this Section made by this amendatory Act
6of 1994 shall first apply to distributions from the Fund for
7State fiscal year 1996.
8(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
9eff. 6-19-13; 98-463, eff. 8-16-13.)
 
10    (30 ILCS 105/14.1)   (from Ch. 127, par. 150.1)
11    Sec. 14.1. Appropriations for State contributions to the
12State Employees' Retirement System; payroll requirements.
13    (a) Appropriations for State contributions to the State
14Employees' Retirement System of Illinois shall be expended in
15the manner provided in this Section. Except as otherwise
16provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
17time of each payment of salary to an employee under the
18personal services line item, payment shall be made to the State
19Employees' Retirement System, from the amount appropriated for
20State contributions to the State Employees' Retirement System,
21of an amount calculated at the rate certified for the
22applicable fiscal year by the Board of Trustees of the State
23Employees' Retirement System under Section 14-135.08 of the
24Illinois Pension Code. If a line item appropriation to an
25employer for this purpose is exhausted or is unavailable due to

 

 

09800SB0220ham002- 173 -LRB098 04693 JWD 60443 a

1any limitation on appropriations that may apply, (including,
2but not limited to, limitations on appropriations from the Road
3Fund under Section 8.3 of the State Finance Act), the amounts
4shall be paid under the continuing appropriation for this
5purpose contained in the State Pension Funds Continuing
6Appropriation Act.
7    (a-1) Beginning on the effective date of this amendatory
8Act of the 93rd General Assembly through the payment of the
9final payroll from fiscal year 2004 appropriations,
10appropriations for State contributions to the State Employees'
11Retirement System of Illinois shall be expended in the manner
12provided in this subsection (a-1). At the time of each payment
13of salary to an employee under the personal services line item
14from a fund other than the General Revenue Fund, payment shall
15be made for deposit into the General Revenue Fund from the
16amount appropriated for State contributions to the State
17Employees' Retirement System of an amount calculated at the
18rate certified for fiscal year 2004 by the Board of Trustees of
19the State Employees' Retirement System under Section 14-135.08
20of the Illinois Pension Code. This payment shall be made to the
21extent that a line item appropriation to an employer for this
22purpose is available or unexhausted. No payment from
23appropriations for State contributions shall be made in
24conjunction with payment of salary to an employee under the
25personal services line item from the General Revenue Fund.
26    (a-2) For fiscal year 2010 only, at the time of each

 

 

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1payment of salary to an employee under the personal services
2line item from a fund other than the General Revenue Fund,
3payment shall be made for deposit into the State Employees'
4Retirement System of Illinois from the amount appropriated for
5State contributions to the State Employees' Retirement System
6of Illinois of an amount calculated at the rate certified for
7fiscal year 2010 by the Board of Trustees of the State
8Employees' Retirement System of Illinois under Section
914-135.08 of the Illinois Pension Code. This payment shall be
10made to the extent that a line item appropriation to an
11employer for this purpose is available or unexhausted. For
12fiscal year 2010 only, no payment from appropriations for State
13contributions shall be made in conjunction with payment of
14salary to an employee under the personal services line item
15from the General Revenue Fund.
16    (a-3) For fiscal year 2011 only, at the time of each
17payment of salary to an employee under the personal services
18line item from a fund other than the General Revenue Fund,
19payment shall be made for deposit into the State Employees'
20Retirement System of Illinois from the amount appropriated for
21State contributions to the State Employees' Retirement System
22of Illinois of an amount calculated at the rate certified for
23fiscal year 2011 by the Board of Trustees of the State
24Employees' Retirement System of Illinois under Section
2514-135.08 of the Illinois Pension Code. This payment shall be
26made to the extent that a line item appropriation to an

 

 

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1employer for this purpose is available or unexhausted. For
2fiscal year 2011 only, no payment from appropriations for State
3contributions shall be made in conjunction with payment of
4salary to an employee under the personal services line item
5from the General Revenue Fund.
6    (a-4) In fiscal years 2012 through 2015 2014 only, at the
7time of each payment of salary to an employee under the
8personal services line item from a fund other than the General
9Revenue Fund, payment shall be made for deposit into the State
10Employees' Retirement System of Illinois from the amount
11appropriated for State contributions to the State Employees'
12Retirement System of Illinois of an amount calculated at the
13rate certified for the applicable fiscal year by the Board of
14Trustees of the State Employees' Retirement System of Illinois
15under Section 14-135.08 of the Illinois Pension Code. In fiscal
16years 2012 through 2015 2014 only, no payment from
17appropriations for State contributions shall be made in
18conjunction with payment of salary to an employee under the
19personal services line item from the General Revenue Fund.
20    (b) Except during the period beginning on the effective
21date of this amendatory Act of the 93rd General Assembly and
22ending at the time of the payment of the final payroll from
23fiscal year 2004 appropriations, the State Comptroller shall
24not approve for payment any payroll voucher that (1) includes
25payments of salary to eligible employees in the State
26Employees' Retirement System of Illinois and (2) does not

 

 

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1include the corresponding payment of State contributions to
2that retirement system at the full rate certified under Section
314-135.08 for that fiscal year for eligible employees, unless
4the balance in the fund on which the payroll voucher is drawn
5is insufficient to pay the total payroll voucher, or
6unavailable due to any limitation on appropriations that may
7apply, including, but not limited to, limitations on
8appropriations from the Road Fund under Section 8.3 of the
9State Finance Act. If the State Comptroller approves a payroll
10voucher under this Section for which the fund balance is
11insufficient to pay the full amount of the required State
12contribution to the State Employees' Retirement System, the
13Comptroller shall promptly so notify the Retirement System.
14    (b-1) For fiscal year 2010 and fiscal year 2011 only, the
15State Comptroller shall not approve for payment any non-General
16Revenue Fund payroll voucher that (1) includes payments of
17salary to eligible employees in the State Employees' Retirement
18System of Illinois and (2) does not include the corresponding
19payment of State contributions to that retirement system at the
20full rate certified under Section 14-135.08 for that fiscal
21year for eligible employees, unless the balance in the fund on
22which the payroll voucher is drawn is insufficient to pay the
23total payroll voucher, or unavailable due to any limitation on
24appropriations that may apply, including, but not limited to,
25limitations on appropriations from the Road Fund under Section
268.3 of the State Finance Act. If the State Comptroller approves

 

 

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1a payroll voucher under this Section for which the fund balance
2is insufficient to pay the full amount of the required State
3contribution to the State Employees' Retirement System of
4Illinois, the Comptroller shall promptly so notify the
5retirement system.
6    (c) Notwithstanding any other provisions of law, beginning
7July 1, 2007, required State and employee contributions to the
8State Employees' Retirement System of Illinois relating to
9affected legislative staff employees shall be paid out of
10moneys appropriated for that purpose to the Commission on
11Government Forecasting and Accountability, rather than out of
12the lump-sum appropriations otherwise made for the payroll and
13other costs of those employees.
14    These payments must be made pursuant to payroll vouchers
15submitted by the employing entity as part of the regular
16payroll voucher process.
17    For the purpose of this subsection, "affected legislative
18staff employees" means legislative staff employees paid out of
19lump-sum appropriations made to the General Assembly, an
20Officer of the General Assembly, or the Senate Operations
21Commission, but does not include district-office staff or
22employees of legislative support services agencies.
23(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
24eff. 6-19-13.)
 
25    Section 25-10. The Illinois Pension Code is amended by

 

 

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1changing Section 14-131 as follows:
 
2    (40 ILCS 5/14-131)
3    (Text of Section before amendment by P.A. 98-599)
4    Sec. 14-131. Contributions by State.
5    (a) The State shall make contributions to the System by
6appropriations of amounts which, together with other employer
7contributions from trust, federal, and other funds, employee
8contributions, investment income, and other income, will be
9sufficient to meet the cost of maintaining and administering
10the System on a 90% funded basis in accordance with actuarial
11recommendations.
12    For the purposes of this Section and Section 14-135.08,
13references to State contributions refer only to employer
14contributions and do not include employee contributions that
15are picked up or otherwise paid by the State or a department on
16behalf of the employee.
17    (b) The Board shall determine the total amount of State
18contributions required for each fiscal year on the basis of the
19actuarial tables and other assumptions adopted by the Board,
20using the formula in subsection (e).
21    The Board shall also determine a State contribution rate
22for each fiscal year, expressed as a percentage of payroll,
23based on the total required State contribution for that fiscal
24year (less the amount received by the System from
25appropriations under Section 8.12 of the State Finance Act and

 

 

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1Section 1 of the State Pension Funds Continuing Appropriation
2Act, if any, for the fiscal year ending on the June 30
3immediately preceding the applicable November 15 certification
4deadline), the estimated payroll (including all forms of
5compensation) for personal services rendered by eligible
6employees, and the recommendations of the actuary.
7    For the purposes of this Section and Section 14.1 of the
8State Finance Act, the term "eligible employees" includes
9employees who participate in the System, persons who may elect
10to participate in the System but have not so elected, persons
11who are serving a qualifying period that is required for
12participation, and annuitants employed by a department as
13described in subdivision (a)(1) or (a)(2) of Section 14-111.
14    (c) Contributions shall be made by the several departments
15for each pay period by warrants drawn by the State Comptroller
16against their respective funds or appropriations based upon
17vouchers stating the amount to be so contributed. These amounts
18shall be based on the full rate certified by the Board under
19Section 14-135.08 for that fiscal year. From the effective date
20of this amendatory Act of the 93rd General Assembly through the
21payment of the final payroll from fiscal year 2004
22appropriations, the several departments shall not make
23contributions for the remainder of fiscal year 2004 but shall
24instead make payments as required under subsection (a-1) of
25Section 14.1 of the State Finance Act. The several departments
26shall resume those contributions at the commencement of fiscal

 

 

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1year 2005.
2    (c-1) Notwithstanding subsection (c) of this Section, for
3fiscal years 2010, 2012, 2013, and 2014, and 2015 only,
4contributions by the several departments are not required to be
5made for General Revenue Funds payrolls processed by the
6Comptroller. Payrolls paid by the several departments from all
7other State funds must continue to be processed pursuant to
8subsection (c) of this Section.
9    (c-2) For State fiscal years 2010, 2012, 2013, and 2014,
10and 2015 only, on or as soon as possible after the 15th day of
11each month, the Board shall submit vouchers for payment of
12State contributions to the System, in a total monthly amount of
13one-twelfth of the fiscal year General Revenue Fund
14contribution as certified by the System pursuant to Section
1514-135.08 of the Illinois Pension Code.
16    (d) If an employee is paid from trust funds or federal
17funds, the department or other employer shall pay employer
18contributions from those funds to the System at the certified
19rate, unless the terms of the trust or the federal-State
20agreement preclude the use of the funds for that purpose, in
21which case the required employer contributions shall be paid by
22the State. From the effective date of this amendatory Act of
23the 93rd General Assembly through the payment of the final
24payroll from fiscal year 2004 appropriations, the department or
25other employer shall not pay contributions for the remainder of
26fiscal year 2004 but shall instead make payments as required

 

 

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1under subsection (a-1) of Section 14.1 of the State Finance
2Act. The department or other employer shall resume payment of
3contributions at the commencement of fiscal year 2005.
4    (e) For State fiscal years 2012 through 2045, the minimum
5contribution to the System to be made by the State for each
6fiscal year shall be an amount determined by the System to be
7sufficient to bring the total assets of the System up to 90% of
8the total actuarial liabilities of the System by the end of
9State fiscal year 2045. In making these determinations, the
10required State contribution shall be calculated each year as a
11level percentage of payroll over the years remaining to and
12including fiscal year 2045 and shall be determined under the
13projected unit credit actuarial cost method.
14    For State fiscal years 1996 through 2005, the State
15contribution to the System, as a percentage of the applicable
16employee payroll, shall be increased in equal annual increments
17so that by State fiscal year 2011, the State is contributing at
18the rate required under this Section; except that (i) for State
19fiscal year 1998, for all purposes of this Code and any other
20law of this State, the certified percentage of the applicable
21employee payroll shall be 5.052% for employees earning eligible
22creditable service under Section 14-110 and 6.500% for all
23other employees, notwithstanding any contrary certification
24made under Section 14-135.08 before the effective date of this
25amendatory Act of 1997, and (ii) in the following specified
26State fiscal years, the State contribution to the System shall

 

 

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1not be less than the following indicated percentages of the
2applicable employee payroll, even if the indicated percentage
3will produce a State contribution in excess of the amount
4otherwise required under this subsection and subsection (a):
59.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
62002; 10.6% in FY 2003; and 10.8% in FY 2004.
7    Notwithstanding any other provision of this Article, the
8total required State contribution to the System for State
9fiscal year 2006 is $203,783,900.
10    Notwithstanding any other provision of this Article, the
11total required State contribution to the System for State
12fiscal year 2007 is $344,164,400.
13    For each of State fiscal years 2008 through 2009, the State
14contribution to the System, as a percentage of the applicable
15employee payroll, shall be increased in equal annual increments
16from the required State contribution for State fiscal year
172007, so that by State fiscal year 2011, the State is
18contributing at the rate otherwise required under this Section.
19    Notwithstanding any other provision of this Article, the
20total required State General Revenue Fund contribution for
21State fiscal year 2010 is $723,703,100 and shall be made from
22the proceeds of bonds sold in fiscal year 2010 pursuant to
23Section 7.2 of the General Obligation Bond Act, less (i) the
24pro rata share of bond sale expenses determined by the System's
25share of total bond proceeds, (ii) any amounts received from
26the General Revenue Fund in fiscal year 2010, and (iii) any

 

 

09800SB0220ham002- 183 -LRB098 04693 JWD 60443 a

1reduction in bond proceeds due to the issuance of discounted
2bonds, if applicable.
3    Notwithstanding any other provision of this Article, the
4total required State General Revenue Fund contribution for
5State fiscal year 2011 is the amount recertified by the System
6on or before April 1, 2011 pursuant to Section 14-135.08 and
7shall be made from the proceeds of bonds sold in fiscal year
82011 pursuant to Section 7.2 of the General Obligation Bond
9Act, less (i) the pro rata share of bond sale expenses
10determined by the System's share of total bond proceeds, (ii)
11any amounts received from the General Revenue Fund in fiscal
12year 2011, and (iii) any reduction in bond proceeds due to the
13issuance of discounted bonds, if applicable.
14    Beginning in State fiscal year 2046, the minimum State
15contribution for each fiscal year shall be the amount needed to
16maintain the total assets of the System at 90% of the total
17actuarial liabilities of the System.
18    Amounts received by the System pursuant to Section 25 of
19the Budget Stabilization Act or Section 8.12 of the State
20Finance Act in any fiscal year do not reduce and do not
21constitute payment of any portion of the minimum State
22contribution required under this Article in that fiscal year.
23Such amounts shall not reduce, and shall not be included in the
24calculation of, the required State contributions under this
25Article in any future year until the System has reached a
26funding ratio of at least 90%. A reference in this Article to

 

 

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1the "required State contribution" or any substantially similar
2term does not include or apply to any amounts payable to the
3System under Section 25 of the Budget Stabilization Act.
4    Notwithstanding any other provision of this Section, the
5required State contribution for State fiscal year 2005 and for
6fiscal year 2008 and each fiscal year thereafter, as calculated
7under this Section and certified under Section 14-135.08, shall
8not exceed an amount equal to (i) the amount of the required
9State contribution that would have been calculated under this
10Section for that fiscal year if the System had not received any
11payments under subsection (d) of Section 7.2 of the General
12Obligation Bond Act, minus (ii) the portion of the State's
13total debt service payments for that fiscal year on the bonds
14issued in fiscal year 2003 for the purposes of that Section
157.2, as determined and certified by the Comptroller, that is
16the same as the System's portion of the total moneys
17distributed under subsection (d) of Section 7.2 of the General
18Obligation Bond Act. In determining this maximum for State
19fiscal years 2008 through 2010, however, the amount referred to
20in item (i) shall be increased, as a percentage of the
21applicable employee payroll, in equal increments calculated
22from the sum of the required State contribution for State
23fiscal year 2007 plus the applicable portion of the State's
24total debt service payments for fiscal year 2007 on the bonds
25issued in fiscal year 2003 for the purposes of Section 7.2 of
26the General Obligation Bond Act, so that, by State fiscal year

 

 

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12011, the State is contributing at the rate otherwise required
2under this Section.
3    (f) After the submission of all payments for eligible
4employees from personal services line items in fiscal year 2004
5have been made, the Comptroller shall provide to the System a
6certification of the sum of all fiscal year 2004 expenditures
7for personal services that would have been covered by payments
8to the System under this Section if the provisions of this
9amendatory Act of the 93rd General Assembly had not been
10enacted. Upon receipt of the certification, the System shall
11determine the amount due to the System based on the full rate
12certified by the Board under Section 14-135.08 for fiscal year
132004 in order to meet the State's obligation under this
14Section. The System shall compare this amount due to the amount
15received by the System in fiscal year 2004 through payments
16under this Section and under Section 6z-61 of the State Finance
17Act. If the amount due is more than the amount received, the
18difference shall be termed the "Fiscal Year 2004 Shortfall" for
19purposes of this Section, and the Fiscal Year 2004 Shortfall
20shall be satisfied under Section 1.2 of the State Pension Funds
21Continuing Appropriation Act. If the amount due is less than
22the amount received, the difference shall be termed the "Fiscal
23Year 2004 Overpayment" for purposes of this Section, and the
24Fiscal Year 2004 Overpayment shall be repaid by the System to
25the Pension Contribution Fund as soon as practicable after the
26certification.

 

 

09800SB0220ham002- 186 -LRB098 04693 JWD 60443 a

1    (g) For purposes of determining the required State
2contribution to the System, the value of the System's assets
3shall be equal to the actuarial value of the System's assets,
4which shall be calculated as follows:
5    As of June 30, 2008, the actuarial value of the System's
6assets shall be equal to the market value of the assets as of
7that date. In determining the actuarial value of the System's
8assets for fiscal years after June 30, 2008, any actuarial
9gains or losses from investment return incurred in a fiscal
10year shall be recognized in equal annual amounts over the
115-year period following that fiscal year.
12    (h) For purposes of determining the required State
13contribution to the System for a particular year, the actuarial
14value of assets shall be assumed to earn a rate of return equal
15to the System's actuarially assumed rate of return.
16    (i) After the submission of all payments for eligible
17employees from personal services line items paid from the
18General Revenue Fund in fiscal year 2010 have been made, the
19Comptroller shall provide to the System a certification of the
20sum of all fiscal year 2010 expenditures for personal services
21that would have been covered by payments to the System under
22this Section if the provisions of this amendatory Act of the
2396th General Assembly had not been enacted. 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 fiscal year 2010 in order to meet the

 

 

09800SB0220ham002- 187 -LRB098 04693 JWD 60443 a

1State's obligation under this Section. The System shall compare
2this amount due to the amount received by the System in fiscal
3year 2010 through payments under this Section. If the amount
4due is more than the amount received, the difference shall be
5termed the "Fiscal Year 2010 Shortfall" for purposes of this
6Section, and the Fiscal Year 2010 Shortfall shall be satisfied
7under Section 1.2 of the State Pension Funds Continuing
8Appropriation Act. If the amount due is less than the amount
9received, the difference shall be termed the "Fiscal Year 2010
10Overpayment" for purposes of this Section, and the Fiscal Year
112010 Overpayment shall be repaid by the System to the General
12Revenue Fund as soon as practicable after the certification.
13    (j) After the submission of all payments for eligible
14employees from personal services line items paid from the
15General Revenue Fund in fiscal year 2011 have been made, the
16Comptroller shall provide to the System a certification of the
17sum of all fiscal year 2011 expenditures for personal services
18that would have been covered by payments to the System under
19this Section if the provisions of this amendatory Act of the
2096th General Assembly had not been enacted. Upon receipt of the
21certification, the System shall determine the amount due to the
22System based on the full rate certified by the Board under
23Section 14-135.08 for fiscal year 2011 in order to meet the
24State's obligation under this Section. The System shall compare
25this amount due to the amount received by the System in fiscal
26year 2011 through payments under this Section. If the amount

 

 

09800SB0220ham002- 188 -LRB098 04693 JWD 60443 a

1due is more than the amount received, the difference shall be
2termed the "Fiscal Year 2011 Shortfall" for purposes of this
3Section, and the Fiscal Year 2011 Shortfall shall be satisfied
4under Section 1.2 of the State Pension Funds Continuing
5Appropriation Act. If the amount due is less than the amount
6received, the difference shall be termed the "Fiscal Year 2011
7Overpayment" for purposes of this Section, and the Fiscal Year
82011 Overpayment shall be repaid by the System to the General
9Revenue Fund as soon as practicable after the certification.
10    (k) For fiscal years 2012 through 2015 2014 only, after the
11submission of all payments for eligible employees from personal
12services line items paid from the General Revenue Fund in the
13fiscal year have been made, the Comptroller shall provide to
14the System a certification of the sum of all expenditures in
15the fiscal year for personal services. Upon receipt of the
16certification, the System shall determine the amount due to the
17System based on the full rate certified by the Board under
18Section 14-135.08 for the fiscal year in order to meet the
19State's obligation under this Section. The System shall compare
20this amount due to the amount received by the System for the
21fiscal year. If the amount due is more than the amount
22received, the difference shall be termed the "Prior Fiscal Year
23Shortfall" for purposes of this Section, and the Prior Fiscal
24Year Shortfall shall be satisfied under Section 1.2 of the
25State Pension Funds Continuing Appropriation Act. If the amount
26due is less than the amount received, the difference shall be

 

 

09800SB0220ham002- 189 -LRB098 04693 JWD 60443 a

1termed the "Prior Fiscal Year Overpayment" for purposes of this
2Section, and the Prior Fiscal Year Overpayment shall be repaid
3by the System to the General Revenue Fund as soon as
4practicable after the certification.
5(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
6eff. 6-19-13.)
 
7    (Text of Section after amendment by P.A. 98-599)
8    Sec. 14-131. Contributions by State.
9    (a) The State shall make contributions to the System by
10appropriations of amounts which, together with other employer
11contributions from trust, federal, and other funds, employee
12contributions, investment income, and other income, will be
13sufficient to meet the cost of maintaining and administering
14the System on a 100% funded basis in accordance with actuarial
15recommendations by the end of State fiscal year 2044.
16    For the purposes of this Section and Section 14-135.08,
17references to State contributions refer only to employer
18contributions and do not include employee contributions that
19are picked up or otherwise paid by the State or a department on
20behalf of the employee.
21    (b) The Board shall determine the total amount of State
22contributions required for each fiscal year on the basis of the
23actuarial tables and other assumptions adopted by the Board,
24using the formula in subsection (e).
25    The Board shall also determine a State contribution rate

 

 

09800SB0220ham002- 190 -LRB098 04693 JWD 60443 a

1for each fiscal year, expressed as a percentage of payroll,
2based on the total required State contribution for that fiscal
3year (less the amount received by the System from
4appropriations under Section 8.12 of the State Finance Act and
5Section 1 of the State Pension Funds Continuing Appropriation
6Act, if any, for the fiscal year ending on the June 30
7immediately preceding the applicable November 15 certification
8deadline), the estimated payroll (including all forms of
9compensation) for personal services rendered by eligible
10employees, and the recommendations of the actuary.
11    For the purposes of this Section and Section 14.1 of the
12State Finance Act, the term "eligible employees" includes
13employees who participate in the System, persons who may elect
14to participate in the System but have not so elected, persons
15who are serving a qualifying period that is required for
16participation, and annuitants employed by a department as
17described in subdivision (a)(1) or (a)(2) of Section 14-111.
18    (c) Contributions shall be made by the several departments
19for each pay period by warrants drawn by the State Comptroller
20against their respective funds or appropriations based upon
21vouchers stating the amount to be so contributed. These amounts
22shall be based on the full rate certified by the Board under
23Section 14-135.08 for that fiscal year. From the effective date
24of this amendatory Act of the 93rd General Assembly through the
25payment of the final payroll from fiscal year 2004
26appropriations, the several departments shall not make

 

 

09800SB0220ham002- 191 -LRB098 04693 JWD 60443 a

1contributions for the remainder of fiscal year 2004 but shall
2instead make payments as required under subsection (a-1) of
3Section 14.1 of the State Finance Act. The several departments
4shall resume those contributions at the commencement of fiscal
5year 2005.
6    (c-1) Notwithstanding subsection (c) of this Section, for
7fiscal years 2010, 2012, 2013, and 2014, and 2015 only,
8contributions by the several departments are not required to be
9made for General Revenue Funds payrolls processed by the
10Comptroller. Payrolls paid by the several departments from all
11other State funds must continue to be processed pursuant to
12subsection (c) of this Section.
13    (c-2) For State fiscal years 2010, 2012, 2013, and 2014,
14and 2015 only, on or as soon as possible after the 15th day of
15each month, the Board shall submit vouchers for payment of
16State contributions to the System, in a total monthly amount of
17one-twelfth of the fiscal year General Revenue Fund
18contribution as certified by the System pursuant to Section
1914-135.08 of the Illinois Pension Code.
20    (d) If an employee is paid from trust funds or federal
21funds, the department or other employer shall pay employer
22contributions from those funds to the System at the certified
23rate, unless the terms of the trust or the federal-State
24agreement preclude the use of the funds for that purpose, in
25which case the required employer contributions shall be paid by
26the State. From the effective date of this amendatory Act of

 

 

09800SB0220ham002- 192 -LRB098 04693 JWD 60443 a

1the 93rd General Assembly through the payment of the final
2payroll from fiscal year 2004 appropriations, the department or
3other employer shall not pay contributions for the remainder of
4fiscal year 2004 but shall instead make payments as required
5under subsection (a-1) of Section 14.1 of the State Finance
6Act. The department or other employer shall resume payment of
7contributions at the commencement of fiscal year 2005.
8    (e) For State fiscal years 2015 through 2044, the minimum
9contribution to the System to be made by the State for each
10fiscal year shall be an amount determined by the System to be
11equal to the sum of (1) the State's portion of the projected
12normal cost for that fiscal year, plus (2) an amount sufficient
13to bring the total assets of the System up to 100% of the total
14actuarial liabilities of the System by the end of State fiscal
15year 2044. In making these determinations, the required State
16contribution shall be calculated each year as a level
17percentage of payroll over the years remaining to and including
18fiscal year 2044 and shall be determined under the projected
19unit cost method for fiscal year 2015 and under the entry age
20normal actuarial cost method for fiscal years 2016 through
212044.
22    For State fiscal years 2012 through 2014, the minimum
23contribution to the System to be made by the State for each
24fiscal year shall be an amount determined by the System to be
25sufficient to bring the total assets of the System up to 90% of
26the total actuarial liabilities of the System by the end of

 

 

09800SB0220ham002- 193 -LRB098 04693 JWD 60443 a

1State fiscal year 2045. In making these determinations, the
2required State contribution shall be calculated each year as a
3level percentage of payroll over the years remaining to and
4including fiscal year 2045 and shall be determined under the
5projected unit credit actuarial cost method.
6    For State fiscal years 1996 through 2005, the State
7contribution to the System, as a percentage of the applicable
8employee payroll, shall be increased in equal annual increments
9so that by State fiscal year 2011, the State is contributing at
10the rate required under this Section; except that (i) for State
11fiscal year 1998, for all purposes of this Code and any other
12law of this State, the certified percentage of the applicable
13employee payroll shall be 5.052% for employees earning eligible
14creditable service under Section 14-110 and 6.500% for all
15other employees, notwithstanding any contrary certification
16made under Section 14-135.08 before the effective date of this
17amendatory Act of 1997, and (ii) in the following specified
18State fiscal years, the State contribution to the System shall
19not be less than the following indicated percentages of the
20applicable employee payroll, even if the indicated percentage
21will produce a State contribution in excess of the amount
22otherwise required under this subsection and subsection (a):
239.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
242002; 10.6% in FY 2003; and 10.8% in FY 2004.
25    Notwithstanding any other provision of this Article, the
26total required State contribution to the System for State

 

 

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1fiscal year 2006 is $203,783,900.
2    Notwithstanding any other provision of this Article, the
3total required State contribution to the System for State
4fiscal year 2007 is $344,164,400.
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 General Revenue Fund contribution for
13State fiscal year 2010 is $723,703,100 and shall be made from
14the proceeds of bonds sold in fiscal year 2010 pursuant to
15Section 7.2 of the General Obligation Bond Act, less (i) the
16pro rata share of bond sale expenses determined by the System's
17share of total bond proceeds, (ii) any amounts received from
18the General Revenue Fund in fiscal year 2010, and (iii) any
19reduction in bond proceeds due to the issuance of discounted
20bonds, if applicable.
21    Notwithstanding any other provision of this Article, the
22total required State General Revenue Fund contribution for
23State fiscal year 2011 is the amount recertified by the System
24on or before April 1, 2011 pursuant to Section 14-135.08 and
25shall be made from the proceeds of bonds sold in fiscal year
262011 pursuant to Section 7.2 of the General Obligation Bond

 

 

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1Act, less (i) the pro rata share of bond sale expenses
2determined by the System's share of total bond proceeds, (ii)
3any amounts received from the General Revenue Fund in fiscal
4year 2011, and (iii) any reduction in bond proceeds due to the
5issuance of discounted bonds, if applicable.
6    Beginning in State fiscal year 2045, the minimum State
7contribution for each fiscal year shall be the amount needed to
8maintain the total assets of the System at 100% 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 100%. 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 through State
25fiscal year 2014, as calculated under this Section and
26certified under Section 14-135.08, shall not exceed an amount

 

 

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1equal to (i) the amount of the required State contribution that
2would have been calculated under this Section for that fiscal
3year if the System had not received any payments under
4subsection (d) of Section 7.2 of the General Obligation Bond
5Act, minus (ii) the portion of the State's total debt service
6payments for that fiscal year on the bonds issued in fiscal
7year 2003 for the purposes of that Section 7.2, as determined
8and certified by the Comptroller, that is the same as the
9System's portion of the total moneys distributed under
10subsection (d) of Section 7.2 of the General Obligation Bond
11Act. In determining this maximum for State fiscal years 2008
12through 2010, however, the amount referred to in item (i) shall
13be increased, as a percentage of the applicable employee
14payroll, in equal increments calculated from the sum of the
15required State contribution for State fiscal year 2007 plus the
16applicable portion of the State's total debt service payments
17for fiscal year 2007 on the bonds issued in fiscal year 2003
18for the purposes of Section 7.2 of the General Obligation Bond
19Act, so that, by State fiscal year 2011, the State is
20contributing at the rate otherwise required under this Section.
21    (f) After the submission of all payments for eligible
22employees from personal services line items in fiscal year 2004
23have been made, the Comptroller shall provide to the System a
24certification of the sum of all fiscal year 2004 expenditures
25for personal services that would have been covered by payments
26to the System under this Section if the provisions of this

 

 

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1amendatory Act of the 93rd 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
52004 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 2004 through payments
8under this Section and under Section 6z-61 of the State Finance
9Act. If the amount due is more than the amount received, the
10difference shall be termed the "Fiscal Year 2004 Shortfall" for
11purposes of this Section, and the Fiscal Year 2004 Shortfall
12shall be satisfied under Section 1.2 of the State Pension Funds
13Continuing Appropriation Act. If the amount due is less than
14the amount received, the difference shall be termed the "Fiscal
15Year 2004 Overpayment" for purposes of this Section, and the
16Fiscal Year 2004 Overpayment shall be repaid by the System to
17the Pension Contribution Fund as soon as practicable after the
18certification.
19    (g) For purposes of determining the required State
20contribution to the System, the value of the System's assets
21shall be equal to the actuarial value of the System's assets,
22which shall be calculated as follows:
23    As of June 30, 2008, the actuarial value of the System's
24assets shall be equal to the market value of the assets as of
25that date. In determining the actuarial value of the System's
26assets for fiscal years after June 30, 2008, any actuarial

 

 

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1gains or losses from investment return incurred in a fiscal
2year shall be recognized in equal annual amounts over the
35-year period following that fiscal year.
4    (h) For purposes of determining the required State
5contribution to the System for a particular year, the actuarial
6value of assets shall be assumed to earn a rate of return equal
7to the System's actuarially assumed rate of return.
8    (i) After the submission of all payments for eligible
9employees from personal services line items paid from the
10General Revenue Fund in fiscal year 2010 have been made, the
11Comptroller shall provide to the System a certification of the
12sum of all fiscal year 2010 expenditures for personal services
13that would have been covered by payments to the System under
14this Section if the provisions of this amendatory Act of the
1596th General Assembly had not been enacted. Upon receipt of the
16certification, the System shall determine the amount due to the
17System based on the full rate certified by the Board under
18Section 14-135.08 for fiscal year 2010 in order to meet the
19State's obligation under this Section. The System shall compare
20this amount due to the amount received by the System in fiscal
21year 2010 through payments under this Section. If the amount
22due is more than the amount received, the difference shall be
23termed the "Fiscal Year 2010 Shortfall" for purposes of this
24Section, and the Fiscal Year 2010 Shortfall shall be satisfied
25under Section 1.2 of the State Pension Funds Continuing
26Appropriation Act. If the amount due is less than the amount

 

 

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1received, the difference shall be termed the "Fiscal Year 2010
2Overpayment" for purposes of this Section, and the Fiscal Year
32010 Overpayment shall be repaid by the System to the General
4Revenue Fund as soon as practicable after the certification.
5    (j) After the submission of all payments for eligible
6employees from personal services line items paid from the
7General Revenue Fund in fiscal year 2011 have been made, the
8Comptroller shall provide to the System a certification of the
9sum of all fiscal year 2011 expenditures for personal services
10that would have been covered by payments to the System under
11this Section if the provisions of this amendatory Act of the
1296th General Assembly had not been enacted. Upon receipt of the
13certification, the System shall determine the amount due to the
14System based on the full rate certified by the Board under
15Section 14-135.08 for fiscal year 2011 in order to meet the
16State's obligation under this Section. The System shall compare
17this amount due to the amount received by the System in fiscal
18year 2011 through payments under this Section. If the amount
19due is more than the amount received, the difference shall be
20termed the "Fiscal Year 2011 Shortfall" for purposes of this
21Section, and the Fiscal Year 2011 Shortfall shall be satisfied
22under Section 1.2 of the State Pension Funds Continuing
23Appropriation Act. If the amount due is less than the amount
24received, the difference shall be termed the "Fiscal Year 2011
25Overpayment" for purposes of this Section, and the Fiscal Year
262011 Overpayment shall be repaid by the System to the General

 

 

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1Revenue Fund as soon as practicable after the certification.
2    (k) For fiscal years 2012 through 2015 2014 only, after the
3submission of all payments for eligible employees from personal
4services line items paid from the General Revenue Fund in the
5fiscal year have been made, the Comptroller shall provide to
6the System a certification of the sum of all expenditures in
7the fiscal year for personal services. Upon receipt of the
8certification, the System shall determine the amount due to the
9System based on the full rate certified by the Board under
10Section 14-135.08 for the fiscal year in order to meet the
11State's obligation under this Section. The System shall compare
12this amount due to the amount received by the System for the
13fiscal year. If the amount due is more than the amount
14received, the difference shall be termed the "Prior Fiscal Year
15Shortfall" for purposes of this Section, and the Prior Fiscal
16Year Shortfall shall be satisfied under Section 1.2 of the
17State Pension Funds Continuing Appropriation Act. If the amount
18due is less than the amount received, the difference shall be
19termed the "Prior Fiscal Year Overpayment" for purposes of this
20Section, and the Prior Fiscal Year Overpayment shall be repaid
21by the System to the General Revenue Fund as soon as
22practicable after the certification.
23(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
24eff. 6-19-13; 98-599, eff. 6-1-14.)
 
25    Section 25-15. The State Pension Funds Continuing

 

 

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1Appropriation Act is amended by changing Section 1.2 as
2follows:
 
3    (40 ILCS 15/1.2)
4    Sec. 1.2. Appropriations for the State Employees'
5Retirement System.
6    (a) From each fund from which an amount is appropriated for
7personal services to a department or other employer under
8Article 14 of the Illinois Pension Code, there is hereby
9appropriated to that department or other employer, on a
10continuing annual basis for each State fiscal year, an
11additional amount equal to the amount, if any, by which (1) an
12amount equal to the percentage of the personal services line
13item for that department or employer from that fund for that
14fiscal year that the Board of Trustees of the State Employees'
15Retirement System of Illinois has certified under Section
1614-135.08 of the Illinois Pension Code to be necessary to meet
17the State's obligation under Section 14-131 of the Illinois
18Pension Code for that fiscal year, exceeds (2) the amounts
19otherwise appropriated to that department or employer from that
20fund for State contributions to the State Employees' Retirement
21System for that fiscal year. From the effective date of this
22amendatory Act of the 93rd General Assembly through the final
23payment from a department or employer's personal services line
24item for fiscal year 2004, payments to the State Employees'
25Retirement System that otherwise would have been made under

 

 

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1this subsection (a) shall be governed by the provisions in
2subsection (a-1).
3    (a-1) If a Fiscal Year 2004 Shortfall is certified under
4subsection (f) of Section 14-131 of the Illinois Pension Code,
5there is hereby appropriated to the State Employees' Retirement
6System of Illinois on a continuing basis from the General
7Revenue Fund an additional aggregate amount equal to the Fiscal
8Year 2004 Shortfall.
9    (a-2) If a Fiscal Year 2010 Shortfall is certified under
10subsection (i) (g) of Section 14-131 of the Illinois Pension
11Code, there is hereby appropriated to the State Employees'
12Retirement System of Illinois on a continuing basis from the
13General Revenue Fund an additional aggregate amount equal to
14the Fiscal Year 2010 Shortfall.
15    (b) The continuing appropriations provided for by this
16Section shall first be available in State fiscal year 1996.
17    (c) Beginning in Fiscal Year 2005, any continuing
18appropriation under this Section arising out of an
19appropriation for personal services from the Road Fund to the
20Department of State Police or the Secretary of State shall be
21payable from the General Revenue Fund rather than the Road
22Fund.
23    (d) For State fiscal year 2010 only, a continuing
24appropriation is provided to the State Employees' Retirement
25System equal to the amount certified by the System on or before
26December 31, 2008, less the gross proceeds of the bonds sold in

 

 

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1fiscal year 2010 under the authorization contained in
2subsection (a) of Section 7.2 of the General Obligation Bond
3Act.
4    (e) For State fiscal year 2011 only, the continuing
5appropriation under this Section provided to the State
6Employees' Retirement System is limited to an amount equal to
7the amount certified by the System on or before December 31,
82009, less any amounts received pursuant to subsection (a-3) of
9Section 14.1 of the State Finance Act.
10    (f) For State fiscal year 2011 only, a continuing
11appropriation is provided to the State Employees' Retirement
12System equal to the amount certified by the System on or before
13April 1, 2011, less the gross proceeds of the bonds sold in
14fiscal year 2011 under the authorization contained in
15subsection (a) of Section 7.2 of the General Obligation Bond
16Act.
17(Source: P.A. 96-43, eff. 7-15-09; 96-45, eff. 7-15-09; 96-958,
18eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1497, eff. 1-14-11;
1996-1511, eff. 1-27-11; 97-813, eff. 7-13-12.)
 
20    Section 25-20. The Uniform Disposition of Unclaimed
21Property Act is amended by changing Section 18 as follows:
 
22    (765 ILCS 1025/18)  (from Ch. 141, par. 118)
23    Sec. 18. Deposit of funds received under the Act.
24    (a) The State Treasurer shall retain all funds received

 

 

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1under this Act, including the proceeds from the sale of
2abandoned property under Section 17, in a trust fund. The State
3Treasurer may deposit any amount in the Trust Fund into the
4State Pensions Fund during the fiscal year at his or her
5discretion; however, he or she shall, on April 15 and October
615 of each year, deposit any amount in the trust fund exceeding
7$2,500,000 into the State Pensions Fund. If on either April 15
8or October 15, the State Treasurer determines that a balance of
9$2,500,000 is insufficient for the prompt payment of unclaimed
10property claims authorized under this Act, the Treasurer may
11retain more than $2,500,000 in the Unclaimed Property Trust
12Fund in order to ensure the prompt payment of claims. Beginning
13in State fiscal year 2016 2015, all amounts that are deposited
14into the State Pensions Fund from the Unclaimed Property Trust
15Fund shall be apportioned to the designated retirement systems
16as provided in subsection (c-6) of Section 8.12 of the State
17Finance Act to reduce their actuarial reserve deficiencies. He
18or she shall make prompt payment of claims he or she duly
19allows as provided for in this Act for the trust fund. Before
20making the deposit the State Treasurer shall record the name
21and last known address of each person appearing from the
22holders' reports to be entitled to the abandoned property. The
23record shall be available for public inspection during
24reasonable business hours.
25    (b) Before making any deposit to the credit of the State
26Pensions Fund, the State Treasurer may deduct: (1) any costs in

 

 

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1connection with sale of abandoned property, (2) any costs of
2mailing and publication in connection with any abandoned
3property, and (3) any costs in connection with the maintenance
4of records or disposition of claims made pursuant to this Act.
5The State Treasurer shall semiannually file an itemized report
6of all such expenses with the Legislative Audit Commission.
7(Source: P.A. 97-732, eff. 6-30-12; 98-19, eff. 6-10-13; 98-24,
8eff. 6-19-13; revised 9-24-13.)
 
9
ARTICLE 90. GENERAL PROVISIONS

 
10    Section 90-95. No acceleration or delay. Where this Act
11makes changes in a statute that is represented in this Act by
12text that is not yet or no longer in effect (for example, a
13Section represented by multiple versions), the use of that text
14does not accelerate or delay the taking effect of (i) the
15changes made by this Act or (ii) provisions derived from any
16other Public Act.
 
17    Section 90-97. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.
 
19    Section 90-99. Effective date. This Act takes effect upon
20becoming law.".