Bill Status of SB2093  96th General Assembly


Short Description:  COMMUNITY MHDD SERVICE FUNDS

Senate Sponsors
Sen. Gary Forby - A. J. Wilhelmi and Ira I. Silverstein

House Sponsors
(Rep. John E. Bradley - Brandon W. Phelps - Ed Sullivan, Jr. - Mary E. Flowers - Dan Reitz)

Last Action
DateChamber Action
  6/24/2010SenatePublic Act . . . . . . . . . 96-0939

Statutes Amended In Order of Appearance
20 ILCS 1705/18.4
20 ILCS 1705/18.5
30 ILCS 105/8h


Synopsis As Introduced
Amends the Mental Health and Developmental Disabilities Administrative Act and the State Finance Act. Removes the allocation formula for the use of the Community Mental Health Medicaid Trust Fund and provides that 100% of the Fund shall be used for the purchase of community mental health services. Removes the reallocation of the first $16,700,000 from the Community Developmental Disabilities Medicaid Trust Fund. Requires the Department of Human Services to annually report to the Governor and the General Assembly upon total deposits into and expenditures from those funds. Provides that the moneys in those funds are exempt from fund sweeps. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
30 ILCS 105/8h

Specifies caps on the Community Mental Health Medicaid Trust Fund's use for administration and oversight of community mental health services. Removes language providing that the Trust Funds are not subject to fund sweeps.

House Committee Amendment No. 1
Deletes reference to:
20 ILCS 1705/18.4
20 ILCS 1705/18.5
Adds reference to:
20 ILCS 1705/6from Ch. 91 1/2, par. 100-6

Replaces everything after the enacting clause. Amends the Mental Health and Developmental Disabilities Administrative Act. Makes a technical change in a Section concerning the appointment and removal of facility directors and other employees.

 Fiscal Note, House Floor Amendment No. 2 (Dept. of Revenue)
 This fiscal note for SB 2093 (H-AM 2) reflects only the proposed University Town Center (UTC) project in Glen Carbon and does not reflect the fiscal impact of other potential STAR bond developments enabled by this legislation. (1) Based on data received from the developers, the Illinois Department of Revenue estimates that between $450 million and $525 million in annual sales will be displaced from the surrounding communities to stores in the STAR bond district once the development is completed. (2) The Illinois Department of Revenue estimates State sales tax generated in UTC's first fully operational year and pledged for the purpose of repaying STAR bonds at between $19 million and $30 million. (3) The Illinois Department of Revenue estimates aggregate local sales tax generated in UTC's first fully operational year and pledged for the purpose of repaying STAR bonds at $24 million. (4) The Illinois Department of Revenue estimates that the combined State and local sales tax available to repay STAR bonds will be between $43 million and $54 million in UTC's first fully operational year. (5) Over the first 20 years of UTC's operation, the State sales tax available to repay STAR bonds will be between $456 million and $729 million, while the aggregate local sales tax available to repay STAR bonds reaches almost $600 million over the same period. (6) The Illinois Department of Revenue estimates that the combined State and local sales tax available for debt repayment over a 20-year period at between $1.0 billion and $1.3 billion. This range represents the potential tax subsidy for the UTC development. (7) UTC will have both positive and negative State revenue effects during the duration of the STAR bond district. (8) The Illinois Department of Revenue estimates a State revenue gain of $40 million during UTC's construction phase and then annual revenue losses thereafter caused by the displacement of taxable sales from outside of UTC to inside UTC. (9) After a few years of UTC operation, the losses from displaced taxable sales erode the early gain from the construction phase. If the full increment is used to pay debt service for 15 years, then the aggregate net State revenue loss over this period is between -$42 million and -$178 million. If 20 years, then the aggregate net State revenue loss over this period is between -$75 million and -$267 million.

House Floor Amendment No. 4
Deletes reference to:
20 ILCS 1705/6
Adds reference to:
New Act
20 ILCS 663/20
20 ILCS 663/25
30 ILCS 5/3-1from Ch. 15, par. 303-1
30 ILCS 105/5.756 new
30 ILCS 105/5.758 new
30 ILCS 105/6z-18from Ch. 127, par. 142z-18
30 ILCS 105/6z-20from Ch. 127, par. 142z-20
35 ILCS 5/220 new
55 ILCS 5/5-1006from Ch. 34, par. 5-1006
55 ILCS 5/5-1006.5
55 ILCS 5/5-1007from Ch. 34, par. 5-1007
65 ILCS 5/8-4-1from Ch. 24, par. 8-4-1
65 ILCS 5/8-11-1from Ch. 24, par. 8-11-1
65 ILCS 5/8-11-1.3from Ch. 24, par. 8-11-1.3
65 ILCS 5/8-11-1.4from Ch. 24, par. 8-11-1.4
65 ILCS 5/8-11-1.6
65 ILCS 5/8-11-1.7
65 ILCS 5/8-11-5from Ch. 24, par. 8-11-5
65 ILCS 5/11-74.3-6
70 ILCS 210/13from Ch. 85, par. 1233
70 ILCS 750/25
70 ILCS 1605/30
70 ILCS 3610/5.01from Ch. 111 2/3, par. 355.01
70 ILCS 3615/4.03from Ch. 111 2/3, par. 704.03
70 ILCS 3720/4from Ch. 111 2/3, par. 254

Replaces everything after the enacting clause. Creates the Innovation Development and Economy Act. Contains provisions concerning (i) the establishment of STAR bond districts, (ii) the approval of STAR bond projects, (iii) co-developers and subdevelopers of STAR bond projects, (iv) the source of payment for STAR bonds, (v) the imposition of STAR bond occupation taxes, (vi) the STAR Bonds School Improvement and Operations Trust Fund, (vii) the issuance of alternative bonds and general obligation bonds, (viii) amendments to STAR bond districts, (ix) restrictions, (x) reporting taxes, (xi) the STAR bonds review committee, (xii) severability, (xiii) rules, (xiv) open meetings and freedom of information, (xv) restrictions, and (xvi) powers of political subdivisions. Makes changes pertaining to STAR bonds in the Illinois State Auditing Act, the Counties Code, the Illinois Municipal Code, the Metropolitan Pier and Exposition Authority Act, the Regional Transportation Authority Act, the Metro-East Park and Recreation District Act, the Local Mass Transit District Act, the Flood Prevention District Act, and the Water Commission Act of 1985. Amends the State Finance Act to create the STAR Bonds Revenue Fund and the STAR Bonds School Improvement and Operations Trust Fund. Amends the New Markets Development Program Act. Increases the annual cap on credits from $10,000,000 to $20,000,000. Amends the Illinois Income Tax Act. Creates a credit for taxable years beginning after December 31, 2010, and ending on or before December 31, 2016 in an amount equal to 25% of the claimant's investment made directly in a qualified new business venture. Contains a nonacceleration clause. Contains other provisions. Effective immediately, except that certain provisions take effect on July 1, 2010 or January 1, 2011.

 Correctional Note, House Floor Amendment No. 4 (Dept of Corrections)
 This legislation has no fiscal impact or population impact on the Department.

 Land Conveyance Appraisal Note, House Floor Amendment No. 4 (Dept. of Transportation)
 No land conveyances are included in SB 2093 (H-AM 4), therefore, there are no appraisals to be filed.

 Pension Note, House Floor Amendment No. 4 (Government Forecasting & Accountability)
 SB 2093 (H-AM 4) will not impact any public pension fund or retirement system in Illinois

 State Debt Impact Note, House Floor Amendment No. 4 (Government Forecasting & Accountability)
 SB 2093 (H-AM 4) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Star bonds are not an obligation of the State of Illinois.

 Judicial Note, House Floor Amendment No. 4 (Admin Office of the Illinois Courts)
 SB 2093 (H-AM 4) would neither increase nor decrease the number of judges needed in the State.

 Home Rule Note, House Floor Amendment No. 4 (Dept. of Commerce & Economic Opportunity)
 SB 2093 (H-AM 4) does not pre-empt home rule authority.

 State Mandates Fiscal Note, House Floor Amendment No. 4 (Dept. of Commerce & Economic Opportunity)
 SB 2093 (H-AM 4) does not create a State mandate.

 Housing Affordability Impact Note, House Floor Amendment No. 4 (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Fiscal Note, House Floor Amendment No. 4 (Dept. of Revenue)
 The Department of Revenue was not provided with a plan or detailed description of the proposed development, its precise location, or any financial details. This information is critical to provide a comprehensive analysis of the proposed STAR Bonds development. Thus, the estimate below is limited in scope. SB 2093 (H-AM 4) would cost the State $12,500,000 per year over a 23 to 35 year period totaling between $287.5 million and $437.5 million in future sales tax revenue as estimated by the Department of Revenue. These funds would be diverted to the STAR Bond district. Based on the information provided by the developer, the Department is unable to forecast the impact on existing sales tax revenue.

 Balanced Budget Note, House Floor Amendment No. 4 (Office of Management and Budget)
 The Department of Revenue was not provided with a plan or detailed description of the proposed development, its precise location, or any financial details. This information is critical to provide a comprehensive analysis of the proposed STAR Bonds development. Thus, the estimate below is limited in scope. SB 2093 (H-AM 4) would cost the State $12,500,000 per year over a 23 to 35 year period totaling between $287.5 million and $437.5 million in future sales tax revenue as estimated by the Department of Revenue. These funds would be diverted to the STAR Bond district. Based on the information provided by the developer, the Department is unable to forecast the impact on existing sales tax revenue.

Actions 
DateChamber Action
  2/20/2009SenateFiled with Secretary by Sen. Michael W. Frerichs
  2/20/2009SenateFirst Reading
  2/20/2009SenateReferred to Assignments
  3/4/2009SenateAssigned to Human Services
  3/4/2009SenateAdded as Co-Sponsor Sen. Michael Bond
  3/4/2009SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  3/6/2009SenateAdded as Chief Co-Sponsor Sen. Pamela J. Althoff
  3/9/2009SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael W. Frerichs
  3/9/2009SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/10/2009SenateSenate Committee Amendment No. 1 Assignments Refers to Human Services
  3/10/2009SenateSenate Committee Amendment No. 1 Adopted
  3/11/2009SenateDo Pass as Amended Human Services; 005-000-004
  3/11/2009SenatePlaced on Calendar Order of 2nd Reading March 12, 2009
  3/12/2009SenateAdded as Co-Sponsor Sen. Heather Steans
  3/12/2009SenateAdded as Chief Co-Sponsor Sen. A. J. Wilhelmi
  3/24/2009SenateSecond Reading
  3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009
  4/2/2009SenateThird Reading - Passed; 057-000-000
  4/3/2009HouseArrived in House
  4/3/2009HousePlaced on Calendar Order of First Reading
  4/3/2009HouseChief House Sponsor Rep. Robert W. Pritchard
  4/6/2009HouseFirst Reading
  4/6/2009HouseReferred to Rules Committee
  4/20/2009HouseAssigned to Executive Committee
  4/22/2009HouseAlternate Chief Sponsor Changed to Rep. Kathleen A. Ryg
  4/22/2009HouseAdded Alternate Chief Co-Sponsor Rep. Robert W. Pritchard
  5/7/2009HouseAdded Alternate Chief Co-Sponsor Rep. Naomi D. Jakobsson
  5/8/2009HouseRule 19(a) / Re-referred to Rules Committee
  9/30/2009HouseAlternate Chief Sponsor Changed to Rep. Barbara Flynn Currie
  9/30/2009HouseFinal Action Deadline Extended-9(b) November 30, 2009
  9/30/2009HouseAssigned to Revenue & Finance Committee
  10/14/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Revenue & Finance Committee
  10/14/2009HouseHouse Committee Amendment No. 1 Adopted in Revenue & Finance Committee; by Voice Vote
  10/14/2009HouseDo Pass as Amended / Short Debate Revenue & Finance Committee; 010-000-000
  10/14/2009HousePlaced on Calendar 2nd Reading - Short Debate
  10/14/2009HouseSecond Reading - Short Debate
  10/14/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  10/15/2009HouseAlternate Chief Sponsor Changed to Rep. Thomas Holbrook
  12/1/2009HouseRule 19(b) / Re-referred to Rules Committee
  1/5/2010HouseApproved for Consideration Rules Committee; 003-000-000
  1/11/2010HousePlaced on Calendar 2nd Reading - Short Debate
  1/11/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Thomas Holbrook
  1/11/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  1/11/2010HouseHouse Floor Amendment No. 2 Rules Refers to Revenue & Finance Committee
  1/19/2010SenateSponsor Removed Sen. Pamela J. Althoff
  2/3/2010HouseAlternate Chief Co-Sponsor Removed Rep. Robert W. Pritchard
  2/5/2010HouseHouse Floor Amendment No. 2 Fiscal Note Filed as Amended
  2/8/2010HouseAlternate Chief Co-Sponsor Removed Rep. Naomi D. Jakobsson
  2/23/2010SenateChief Sponsor Changed to Sen. James F. Clayborne, Jr.
  3/8/2010SenateSponsor Removed Sen. Heather Steans
  4/20/2010HouseAdded Alternate Co-Sponsor Rep. William B. Black
  4/22/2010HouseAlternate Co-Sponsor Removed Rep. William B. Black
  5/5/2010HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. John E. Bradley
  5/5/2010HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/5/2010HouseAlternate Chief Sponsor Changed to Rep. John E. Bradley
  5/6/2010HouseAdded Alternate Chief Co-Sponsor Rep. Brandon W. Phelps
  5/6/2010HouseAdded Alternate Chief Co-Sponsor Rep. Ed Sullivan, Jr.
  5/6/2010HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers
  5/6/2010SenateChief Sponsor Changed to Sen. Gary Forby
  5/6/2010HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. John E. Bradley
  5/6/2010HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/6/2010HouseHouse Floor Amendment No. 4 Rules Refers to Revenue & Finance Committee
  5/6/2010HouseHouse Floor Amendment No. 4 Recommends Be Adopted Revenue & Finance Committee; 011-002-000
  5/6/2010HouseHouse Floor Amendment No. 4 Fiscal Note Requested as Amended by Rep. David Reis
  5/6/2010HouseHouse Floor Amendment No. 4 State Mandates Fiscal Note Requested as Amended by Rep. David Reis
  5/6/2010HouseHouse Floor Amendment No. 4 Balanced Budget Note Requested as Amended by Rep. David Reis
  5/6/2010HouseHouse Floor Amendment No. 4 Correctional Note Requested as Amended by Rep. David Reis
  5/6/2010HouseHouse Floor Amendment No. 4 Home Rule Note Requested as Amended by Rep. David Reis
  5/6/2010HouseHouse Floor Amendment No. 4 Housing Affordability Impact Note Requested as Amended by Rep. David Reis
  5/6/2010HouseHouse Floor Amendment No. 4 Judicial Note Requested as Amended by Rep. David Reis
  5/6/2010HouseHouse Floor Amendment No. 4 Land Conveyance Appraisal Note Requested as Amended by Rep. David Reis
  5/6/2010HouseHouse Floor Amendment No. 4 Pension Note Requested as Amended by Rep. David Reis
  5/6/2010HouseHouse Floor Amendment No. 4 State Debt Impact Note Requested as Amended by Rep. David Reis
  5/6/2010HouseHouse Floor Amendment No. 4 Correctional Note Filed as Amended
  5/6/2010HouseHouse Floor Amendment No. 4 Land Conveyance Appraisal Note Filed as Amended
  5/6/2010HouseHouse Floor Amendment No. 4 Pension Note Filed as Amended
  5/6/2010HouseHouse Floor Amendment No. 4 State Debt Impact Note Filed as Amended
  5/7/2010HouseHouse Floor Amendment No. 4 Judicial Note Filed as Amended
  5/7/2010HouseHouse Floor Amendment No. 4 Home Rule Note Filed as Amended
  5/7/2010HouseHouse Floor Amendment No. 4 State Mandates Fiscal Note Filed as Amended
  5/7/2010HouseHouse Floor Amendment No. 4 Housing Affordability Impact Note Filed as Amended
  5/7/2010HouseHouse Floor Amendment No. 4 Fiscal Note Filed as Amended
  5/7/2010HouseHouse Floor Amendment No. 4 Balanced Budget Note Filed as Amended
  5/7/2010HouseAdded Alternate Chief Co-Sponsor Rep. Dan Reitz
  5/7/2010HouseSecond Reading - Short Debate
  5/7/2010HouseHouse Floor Amendment No. 4 Adopted by Voice Vote
  5/7/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/7/2010HouseRemoved from Short Debate Status
  5/7/2010HousePlaced on Calendar Order of 3rd Reading - Unlimited Debate
  5/7/2010HouseThird Reading - Unlimited Debate - Passed 079-036-001
  5/7/2010HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)
  5/7/2010HouseHouse Floor Amendment No. 3 Tabled Pursuant to Rule 40(a)
  5/7/2010SenateSecretary's Desk - Concurrence House Amendment(s) 1, 4
  5/7/2010SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 4 - May 7, 2010
  5/7/2010SenateHouse Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Gary Forby
  5/7/2010SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Assignments
  5/26/2010SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Gary Forby
  5/26/2010SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/26/2010SenateHouse Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Gary Forby
  5/26/2010SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Assignments
  5/26/2010SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to State Government and Veterans Affairs
  5/26/2010SenateHouse Floor Amendment No. 4 Motion to Concur Assignments Referred to State Government and Veterans Affairs
  5/27/2010SenateFiscal Note Requested by Sen. David Luechtefeld; as amended by House Amendment No. 4
  5/27/2010SenateHouse Committee Amendment No. 1 Motion to Concur Postponed State Government and Veterans Affairs
  5/27/2010SenateHouse Floor Amendment No. 4 Motion to Concur Postponed State Government and Veterans Affairs
  5/27/2010SenateSponsor Removed Sen. Michael Bond
  5/27/2010SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Gary Forby
  5/27/2010SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  5/27/2010SenateHouse Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Gary Forby
  5/27/2010SenateHouse Floor Amendment No. 4 Motion to Concur Referred to Assignments
  5/27/2010SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Labor
  5/27/2010SenateHouse Floor Amendment No. 4 Motion to Concur Assignments Referred to Labor
  5/27/2010SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Labor; 008-002-000
  5/27/2010SenateHouse Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Labor; 008-002-000
  5/27/2010SenateHouse Committee Amendment No. 1 Senate Concurs 034-017-003
  5/27/2010SenateHouse Floor Amendment No. 4 Senate Concurs 034-017-003
  5/27/2010SenatePassed Both Houses
  6/3/2010SenateSent to the Governor
  6/24/2010SenateGovernor Approved
  6/24/2010SenateEffective Date June 24, 2010; Generally Effective
  6/24/2010SenateEffective Date July 1, 2010; Some Parts Effective
  6/24/2010SenateEffective Date January 1, 2011; Some Parts Effective
  6/24/2010SenatePublic Act . . . . . . . . . 96-0939