HB0318enr 99TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Administrative Procedure Act is
5amended by changing Section 5-45 as follows:
 
6    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
7    Sec. 5-45. Emergency rulemaking.
8    (a) "Emergency" means the existence of any situation that
9any agency finds reasonably constitutes a threat to the public
10interest, safety, or welfare.
11    (b) If any agency finds that an emergency exists that
12requires adoption of a rule upon fewer days than is required by
13Section 5-40 and states in writing its reasons for that
14finding, the agency may adopt an emergency rule without prior
15notice or hearing upon filing a notice of emergency rulemaking
16with the Secretary of State under Section 5-70. The notice
17shall include the text of the emergency rule and shall be
18published in the Illinois Register. Consent orders or other
19court orders adopting settlements negotiated by an agency may
20be adopted under this Section. Subject to applicable
21constitutional or statutory provisions, an emergency rule
22becomes effective immediately upon filing under Section 5-65 or
23at a stated date less than 10 days thereafter. The agency's

 

 

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

 

 

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

 

 

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1Section by the agency charged with administering that provision
2or initiative, except that the 24-month limitation on the
3adoption of emergency rules and the provisions of Sections
45-115 and 5-125 do not apply to rules adopted under this
5subsection (e). The adoption of emergency rules authorized by
6this subsection (e) shall be deemed to be necessary for the
7public interest, safety, and welfare.
8    (f) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2001 budget,
10emergency rules to implement any provision of this amendatory
11Act of the 91st General Assembly or any other budget initiative
12for fiscal year 2001 may be adopted in accordance with this
13Section by the agency charged with administering that provision
14or initiative, except that the 24-month limitation on the
15adoption of emergency rules and the provisions of Sections
165-115 and 5-125 do not apply to rules adopted under this
17subsection (f). The adoption of emergency rules authorized by
18this subsection (f) shall be deemed to be necessary for the
19public interest, safety, and welfare.
20    (g) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2002 budget,
22emergency rules to implement any provision of this amendatory
23Act of the 92nd General Assembly or any other budget initiative
24for fiscal year 2002 may be adopted in accordance with this
25Section by the agency charged with administering that provision
26or initiative, except that the 24-month limitation on the

 

 

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1adoption of emergency rules and the provisions of Sections
25-115 and 5-125 do not apply to rules adopted under this
3subsection (g). The adoption of emergency rules authorized by
4this subsection (g) shall be deemed to be necessary for the
5public interest, safety, and welfare.
6    (h) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2003 budget,
8emergency rules to implement any provision of this amendatory
9Act of the 92nd General Assembly or any other budget initiative
10for fiscal year 2003 may be adopted in accordance with this
11Section by the agency charged with administering that provision
12or initiative, except that the 24-month limitation on the
13adoption of emergency rules and the provisions of Sections
145-115 and 5-125 do not apply to rules adopted under this
15subsection (h). The adoption of emergency rules authorized by
16this subsection (h) shall be deemed to be necessary for the
17public interest, safety, and welfare.
18    (i) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2004 budget,
20emergency rules to implement any provision of this amendatory
21Act of the 93rd General Assembly or any other budget initiative
22for fiscal year 2004 may be adopted in accordance with this
23Section by the agency charged with administering that provision
24or initiative, except that the 24-month limitation on the
25adoption of emergency rules and the provisions of Sections
265-115 and 5-125 do not apply to rules adopted under this

 

 

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1subsection (i). The adoption of emergency rules authorized by
2this subsection (i) shall be deemed to be necessary for the
3public interest, safety, and welfare.
4    (j) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62005 budget as provided under the Fiscal Year 2005 Budget
7Implementation (Human Services) Act, emergency rules to
8implement any provision of the Fiscal Year 2005 Budget
9Implementation (Human Services) Act may be adopted in
10accordance with this Section by the agency charged with
11administering that provision, except that the 24-month
12limitation on the adoption of emergency rules and the
13provisions of Sections 5-115 and 5-125 do not apply to rules
14adopted under this subsection (j). The Department of Public Aid
15may also adopt rules under this subsection (j) necessary to
16administer the Illinois Public Aid Code and the Children's
17Health Insurance Program Act. The adoption of emergency rules
18authorized by this subsection (j) shall be deemed to be
19necessary for the public interest, safety, and welfare.
20    (k) In order to provide for the expeditious and timely
21implementation of the provisions of the State's fiscal year
222006 budget, emergency rules to implement any provision of this
23amendatory Act of the 94th General Assembly or any other budget
24initiative for fiscal year 2006 may be adopted in accordance
25with this Section by the agency charged with administering that
26provision or initiative, except that the 24-month limitation on

 

 

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

 

 

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1implementation of the provisions of the State's fiscal year
22008 budget, the Department of Healthcare and Family Services
3may adopt emergency rules during fiscal year 2008, including
4rules effective July 1, 2008, in accordance with this
5subsection to the extent necessary to administer the
6Department's responsibilities with respect to amendments to
7the State plans and Illinois waivers approved by the federal
8Centers for Medicare and Medicaid Services necessitated by the
9requirements of Title XIX and Title XXI of the federal Social
10Security Act. The adoption of emergency rules authorized by
11this subsection (m) shall be deemed to be necessary for the
12public interest, safety, and welfare.
13    (n) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152010 budget, emergency rules to implement any provision of this
16amendatory Act of the 96th General Assembly or any other budget
17initiative authorized by the 96th General Assembly for fiscal
18year 2010 may be adopted in accordance with this Section by the
19agency charged with administering that provision or
20initiative. The adoption of emergency rules authorized by this
21subsection (n) shall be deemed to be necessary for the public
22interest, safety, and welfare. The rulemaking authority
23granted in this subsection (n) shall apply only to rules
24promulgated during Fiscal Year 2010.
25    (o) In order to provide for the expeditious and timely
26implementation of the provisions of the State's fiscal year

 

 

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12011 budget, emergency rules to implement any provision of this
2amendatory Act of the 96th General Assembly or any other budget
3initiative authorized by the 96th General Assembly for fiscal
4year 2011 may be adopted in accordance with this Section by the
5agency charged with administering that provision or
6initiative. The adoption of emergency rules authorized by this
7subsection (o) is deemed to be necessary for the public
8interest, safety, and welfare. The rulemaking authority
9granted in this subsection (o) applies only to rules
10promulgated on or after the effective date of this amendatory
11Act of the 96th General Assembly through June 30, 2011.
12    (p) In order to provide for the expeditious and timely
13implementation of the provisions of Public Act 97-689,
14emergency rules to implement any provision of Public Act 97-689
15may be adopted in accordance with this subsection (p) by the
16agency charged with administering that provision or
17initiative. The 150-day limitation of the effective period of
18emergency rules does not apply to rules adopted under this
19subsection (p), and the effective period may continue through
20June 30, 2013. The 24-month limitation on the adoption of
21emergency rules does not apply to rules adopted under this
22subsection (p). The adoption of emergency rules authorized by
23this subsection (p) is deemed to be necessary for the public
24interest, safety, and welfare.
25    (q) In order to provide for the expeditious and timely
26implementation of the provisions of Articles 7, 8, 9, 11, and

 

 

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112 of this amendatory Act of the 98th General Assembly,
2emergency rules to implement any provision of Articles 7, 8, 9,
311, and 12 of this amendatory Act of the 98th General Assembly
4may be adopted in accordance with this subsection (q) by the
5agency charged with administering that provision or
6initiative. The 24-month limitation on the adoption of
7emergency rules does not apply to rules adopted under this
8subsection (q). The adoption of emergency rules authorized by
9this subsection (q) is deemed to be necessary for the public
10interest, safety, and welfare.
11    (r) In order to provide for the expeditious and timely
12implementation of the provisions of this amendatory Act of the
1398th General Assembly, emergency rules to implement this
14amendatory Act of the 98th General Assembly may be adopted in
15accordance with this subsection (r) by the Department of
16Healthcare and Family Services. The 24-month limitation on the
17adoption of emergency rules does not apply to rules adopted
18under this subsection (r). The adoption of emergency rules
19authorized by this subsection (r) is deemed to be necessary for
20the public interest, safety, and welfare.
21    (s) In order to provide for the expeditious and timely
22implementation of the provisions of Sections 5-5b.1 and 5A-2 of
23the Illinois Public Aid Code, emergency rules to implement any
24provision of Section 5-5b.1 or Section 5A-2 of the Illinois
25Public Aid Code may be adopted in accordance with this
26subsection (s) by the Department of Healthcare and Family

 

 

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1Services. The rulemaking authority granted in this subsection
2(s) shall apply only to those rules adopted prior to July 1,
32015. Notwithstanding any other provision of this Section, any
4emergency rule adopted under this subsection (s) shall only
5apply to payments made for State fiscal year 2015. The adoption
6of emergency rules authorized by this subsection (s) is deemed
7to be necessary for the public interest, safety, and welfare.
8(Source: P.A. 97-689, eff. 6-14-12; 97-695, eff. 7-1-12;
998-104, eff. 7-22-13; 98-463, eff. 8-16-13; 98-651, eff.
106-16-14.)
 
11    Section 10. The Governor's Office of Management and Budget
12Act is amended by changing Section 7.2 as follows:
 
13    (20 ILCS 3005/7.2)
14    Sec. 7.2. Quarterly financial reports. The Office shall
15prepare and publish a quarterly financial report to update the
16public and the General Assembly on the status of the State's
17finances. At a minimum, each report shall include the following
18information:
19        (1) A review of the State's economic outlook.
20        (2) A review of general funds revenue performance, both
21    quarterly and year to date, and an evaluation of that
22    performance.
23        (3) The outlook for future general funds revenue
24    performance, including projections of future general funds

 

 

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1    revenues.
2        (4) An assessment of the State's financial position,
3    including a summary of general fund receipts, transfers,
4    expenditures, and liabilities.
5        (5) A review of Statewide employment statistics.
6        (6) Other information necessary to present the status
7    of the State's finances.
8        (7) For the report covering the fourth quarter of State
9    fiscal year 2015 only, the report shall also include the
10    information described in subsection (e) of Section 8.50 of
11    the State Finance Act.
12In addition, the fourth quarter report for each fiscal year
13shall include a summary of fiscal and balanced budget notes
14issued by the Office to the General Assembly during the prior
15legislative session. Each report shall be posted on the
16Office's website within 45 days.
17(Source: P.A. 96-555, eff. 8-18-09.)
 
18    Section 15. The State Finance Act is amended by changing
19Section 13.2 and by adding Section 8.50 as follows:
 
20    (30 ILCS 105/8.50 new)
21    Sec. 8.50. Special fund transfers.
22    (a) In order to maintain the integrity of special funds and
23improve stability in the General Revenue Fund, the following
24transfers are authorized from the designated funds into the

 

 

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1General Revenue Fund:
2Road Fund........................................$250,000,000
3Motor Fuel Tax Fund...............................$50,000,000
4Food and Drug Safety Fund..........................$1,000,000
5Teacher Certificate Fee Revolving Fund.............$5,000,000
6Grade Crossing Protection Fund....................$10,000,000
7Financial Institution Fund.........................$1,573,600
8General Professions Dedicated Fund.................$2,000,000
9Lobbyist Registration Administration Fund..........$1,000,000
10Agricultural Premium Fund..........................$5,000,000
11Fire Prevention Fund..............................$23,000,000
12Illinois State Pharmacy Disciplinary Fund..........$2,700,000
13Radiation Protection Fund..........................$1,500,000
14Hospital Licensure Fund..............................$500,000
15Underground Storage Tank Fund.....................$20,000,000
16Solid Waste Management Fund.......................$15,000,000
17Subtitle D Management Fund.........................$1,000,000
18Illinois State Medical Disciplinary Fund..........$10,000,000
19Facility Licensing Fund............................$1,000,000
20Registered Certified Public Accountants'
21    Administration and Disciplinary Fund...........$6,100,000
22Motor Vehicle Theft Prevention Fund................$6,000,000
23Weights and Measures Fund..........................$2,000,000
24State and Local Sales Tax Reform Fund.............$40,000,000
25County and Mass Transit District Fund.............$40,000,000
26Local Government Tax Fund........................$200,000,000

 

 

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1Illinois Fisheries Management Fund...................$500,000
2Capital Development Board Revolving Fund..........$1,500,000
3Intercity Passenger Rail Fund........................$370,000
4Illinois Health Facilities Planning Fund...........$3,746,000
5Emergency Public Health Fund.........................$500,000
6TOMA Consumer Protection Fund......................$1,500,000
7Fair and Exposition Fund...........................$1,000,000
8State Police Vehicle Fund..........................$4,000,000
9Nursing Dedicated and Professional Fund............$5,000,000
10Underground Resources Conservation Enforcement Fund..$500,000
11State Rail Freight Loan Repayment Fund............$10,000,000
12Illinois Affordable Housing Trust Fund.............$6,000,000
13Home Care Services Agency Licensure Fund...........$1,000,000
14Fertilizer Control Fund..............................$500,000
15Securities Investors Education Fund................$5,000,000
16Used Tire Management Fund.........................$20,000,000
17Natural Areas Acquisition Fund....................$6,000,000
18I-FLY Fund........................................$1,545,000
19Illinois Prescription Drug Discount Program Fund.....$257,100
20ICJIA Violence Prevention Special Projects Fund....$3,000,000
21Tattoo and Body Piercing
22    Establishment Registration Fund..................$250,000
23Public Health Laboratory Services Revolving Fund.....$500,000
24Provider Inquiry Trust Fund........................$1,300,000
25Securities Audit and Enforcement Fund..............$4,000,000
26Drug Treatment Fund................................$1,000,000

 

 

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1Feed Control Fund..................................$1,000,000
2Plumbing Licensure and Program Fund..................$200,000
3Appraisal Administration Fund........................$400,000
4Trauma Center Fund.................................$7,000,000
5Alternate Fuels Fund...............................$1,500,000
6Illinois State Fair Fund...........................$1,000,000
7Agricultural Master Fund.............................$400,000
8Human Services Priority Capital Program Fund.......$1,680,000
9State Asset Forfeiture Fund..........................$250,000
10Health Facility Plan Review Fund...................$1,000,000
11Illinois Workers' Compensation
12    Commission Operations Fund....................$10,000,000
13Workforce, Technology, and Economic Development Fund.$300,000
14Downstate Transit Improvement Fund................$70,000,000
15Renewable Energy Resources Trust Fund..............$3,000,000
16Energy Efficiency Trust Fund.......................$6,000,000
17Pesticide Control Fund.............................$3,000,000
18Partners for Conservation Fund.....................$6,000,000
19Wireless Service Emergency Fund....................$7,500,000
20Death Certificate Surcharge Fund...................$1,500,000
21Illinois Adoption Registry and
22    Medical Information Exchange Fund................$232,000
23Fund for the Advancement of Education.............$25,000,000
24Commitment to Human Services Fund.................$25,000,000
25Illinois Standardbred Breeders Fund..................$250,000
26Illinois Thoroughbred Breeders Fund..................$250,000

 

 

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1Spinal Cord Injury Paralysis
2    Cure Research Trust Fund.......................$1,100,000
3Medicaid Buy-In Program Revolving Fund.............$1,700,000
4Home Inspector Administration Fund.................$1,000,000
5Real Estate Audit Fund...............................$193,600
6Illinois AgriFIRST Program Fund......................$204,000
7Performance-enhancing Substance Testing Fund.........$365,000
8Bank and Trust Company Fund.......................$25,000,000
9Natural Resources Restoration Trust Fund...........$1,000,000
10Illinois Power Agency Renewable
11    Energy Resources Fund........................$98,000,000
12Real Estate Research and Education Fund..............$500,000
13Real Estate License Administration Fund...........$30,000,000
14Abandoned Residential Property
15    Municipality Relief Fund.........................$700,000
16State Construction Account Fund...................$50,000,000
17State Police Services Fund.........................$6,000,000
18Metabolic Screening and Treatment Fund.............$5,000,000
19Insurance Producer Administration Fund............$70,313,800
20Coal Technology Development Assistance Fund........$3,000,000
21Low-Level Radioactive Waste Facility Development
22    and Operation Fund...............................$500,000
23Low-Level Radioactive Waste Facility Closure,
24    Post-Closure Care and Compensation Fund..........$110,000
25Illinois State Podiatric Disciplinary Fund...........$200,000
26Park and Conservation Fund........................$15,000,000

 

 

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1Vehicle Inspection Fund............................$8,000,000
2Local Tourism Fund...................................$308,000
3Illinois Capital Revolving Loan Fund...............$5,000,000
4Illinois Equity Fund.................................$500,000
5Public Infrastructure Construction
6    Loan Revolving Fund............................$9,000,000
7Insurance Financial Regulation Fund...............$23,598,000
8Dram Shop Fund.....................................$1,000,000
9Illinois State Dental Disciplinary Fund............$1,500,000
10ISBE Teacher Certificate Institute Fund............$1,800,000
11Mental Health Fund.................................$3,000,000
12Tobacco Settlement Recovery Fund...................$4,000,000
13Public Health Special State Projects Fund..........$5,000,000
14Total                                          $1,318,396,100
15    (b) In order to maintain the integrity of special funds and
16improve stability in the General Obligation Bond Retirement and
17Interest Fund, the following transfer is authorized from the
18designated fund into the General Obligation Bond Retirement and
19Interest Fund:
20Federal High Speed Rail Trust Fund................$48,000,000
21    (c) On and after the effective date of this amendatory Act
22of the 99th General Assembly through the end of State fiscal
23year 2015, when any of the funds listed in subsection (a) has
24insufficient cash from which the State Comptroller may make
25expenditures properly supported by appropriations from the
26fund, then, at the direction of the Director of the Governor's

 

 

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1Office of Management and Budget, the State Treasurer and State
2Comptroller shall transfer from the General Revenue Fund to the
3fund only such amount as is immediately necessary to satisfy
4outstanding expenditure obligations on a timely basis, subject
5to the provisions of the State Prompt Payment Act. All or a
6portion of the amounts transferred from the General Revenue
7Fund to a fund pursuant to this subsection (c) from time to
8time may be re-transferred by the State Comptroller and the
9State Treasurer from the receiving fund into the General
10Revenue Fund as soon as and to the extent that deposits are
11made into or receipts are collected by the receiving fund.
12    (d) The State Treasurer and State Comptroller shall
13transfer the amounts designated under subsections (a) and (b)
14of this Section as soon as may be practicable after receiving
15the direction to transfer from the Director of the Governor's
16Office of Management and Budget. If the Director of the
17Governor's Office of Management and Budget determines that any
18transfer authorized by this Section from a special fund under
19subsection (a) or (b) either (i) jeopardizes federal funding
20based on a written communication from a federal official or
21(ii) violates an order of a court of competent jurisdiction,
22then the Director may order the State Treasurer and State
23Comptroller, in writing, to (i) transfer from the General
24Revenue Fund to that listed special fund all or part of the
25amounts transferred from that special fund under subsection
26(a), or (ii) transfer from the General Obligation Bond

 

 

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1Retirement and Interest Fund to that listed special fund all or
2part of the amounts transferred from that special fund under
3subsection (b).
4    (e) For the fourth quarter of State fiscal year 2015, the
5report filed under Section 7.2 of the Governor's Office of
6Management and Budget Act shall contain, in addition to the
7information otherwise required, information on all transfers
8made pursuant to this Section, including all of the following:
9        (1) The date each transfer was made.
10        (2) The amount of each transfer.
11        (3) In the case of a transfer from the General Revenue
12    Fund to a fund of origin pursuant to subsection (c) or (d)
13    of this Section, the amount of such transfer and the date
14    such transfer was made.
15        (4) The end of day balance of both the fund of origin
16    and the General Revenue Fund on the date the transfer was
17    made.
18    (f) Notwithstanding any provision of law to the contrary,
19the transfers in this Section shall be made through the end of
20State fiscal year 2015.
 
21    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
22    Sec. 13.2. Transfers among line item appropriations.
23    (a) Transfers among line item appropriations from the same
24treasury fund for the objects specified in this Section may be
25made in the manner provided in this Section when the balance

 

 

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

 

 

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1may transfer amounts among their respective appropriations
2within the same treasury fund for personal services, employee
3retirement contributions paid by employer, and State
4contributions to retirement systems. During State fiscal year
52010, the Department of Transportation may transfer amounts
6among their respective appropriations within the same treasury
7fund for personal services, employee retirement contributions
8paid by employer, and State contributions to retirement
9systems. During State fiscal years 2010 and 2014 only, an
10agency may transfer amounts among its respective
11appropriations within the same treasury fund for personal
12services, employee retirement contributions paid by employer,
13and State contributions to retirement systems.
14Notwithstanding, and in addition to, the transfers authorized
15in subsection (c) of this Section, these transfers may be made
16in an amount not to exceed 2% of the aggregate amount
17appropriated to an agency within the same treasury fund.
18    (a-2.5) During State fiscal year 2015 only, the State's
19Attorneys Appellate Prosecutor may transfer amounts among its
20respective appropriations contained in operational line items
21within the same treasury fund. Notwithstanding, and in addition
22to, the transfers authorized in subsection (c) of this Section,
23these transfers may be made in an amount not to exceed 4% of
24the aggregate amount appropriated to the State's Attorneys
25Appellate Prosecutor within the same treasury fund.
26    (a-3) Further, if an agency receives a separate

 

 

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

 

 

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

 

 

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1line items among these same line items: purchase of services
2covered by the Community Care Program and Comprehensive Case
3Coordination.
4    The State Treasurer is authorized to make transfers among
5line item appropriations from the Capital Litigation Trust
6Fund, with respect to costs incurred in fiscal years 2002 and
72003 only, when the balance remaining in one or more such line
8item appropriations is insufficient for the purpose for which
9the appropriation was made, provided that no such transfer may
10be made unless the amount transferred is no longer required for
11the purpose for which that appropriation was made.
12    The State Board of Education is authorized to make
13transfers from line item appropriations within the same
14treasury fund for General State Aid and General State Aid -
15Hold Harmless, provided that no such transfer may be made
16unless the amount transferred is no longer required for the
17purpose for which that appropriation was made, to the line item
18appropriation for Transitional Assistance when the balance
19remaining in such line item appropriation is insufficient for
20the purpose for which the appropriation was made.
21    The State Board of Education is authorized to make
22transfers between the following line item appropriations
23within the same treasury fund: Disabled Student
24Services/Materials (Section 14-13.01 of the School Code),
25Disabled Student Transportation Reimbursement (Section
2614-13.01 of the School Code), Disabled Student Tuition -

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (subsection (b) of Section 14-13.01 of the School Code);
2        (3) Disabled Student Tuition - Private Tuition
3    (Section 14-7.02 of the School Code);
4        (4) Extraordinary Special Education (Section 14-7.02b
5    of the School Code);
6        (5) Reimbursement for Free Lunch/Breakfast Programs;
7        (6) Summer School Payments (Section 18-4.3 of the
8    School Code);
9        (7) Transportation - Regular/Vocational Reimbursement
10    (Section 29-5 of the School Code);
11        (8) Regular Education Reimbursement (Section 18-3 of
12    the School Code); and
13        (9) Special Education Reimbursement (Section 14-7.03
14    of the School Code).
15(Source: P.A. 97-689, eff. 7-1-12; 98-24, eff. 6-19-13; 98-674,
16eff. 6-30-14.)
 
17    Section 20. The School Code is amended by changing Section
1818-8.05 as follows:
 
19    (105 ILCS 5/18-8.05)
20    Sec. 18-8.05. Basis for apportionment of general State
21financial aid and supplemental general State aid to the common
22schools for the 1998-1999 and subsequent school years.
 
23(A) General Provisions.

 

 

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1    (1) The provisions of this Section apply to the 1998-1999
2and subsequent school years. The system of general State
3financial aid provided for in this Section is designed to
4assure that, through a combination of State financial aid and
5required local resources, the financial support provided each
6pupil in Average Daily Attendance equals or exceeds a
7prescribed per pupil Foundation Level. This formula approach
8imputes a level of per pupil Available Local Resources and
9provides for the basis to calculate a per pupil level of
10general State financial aid that, when added to Available Local
11Resources, equals or exceeds the Foundation Level. The amount
12of per pupil general State financial aid for school districts,
13in general, varies in inverse relation to Available Local
14Resources. Per pupil amounts are based upon each school
15district's Average Daily Attendance as that term is defined in
16this Section.
17    (2) In addition to general State financial aid, school
18districts with specified levels or concentrations of pupils
19from low income households are eligible to receive supplemental
20general State financial aid grants as provided pursuant to
21subsection (H). The supplemental State aid grants provided for
22school districts under subsection (H) shall be appropriated for
23distribution to school districts as part of the same line item
24in which the general State financial aid of school districts is
25appropriated under this Section.
26    (3) To receive financial assistance under this Section,

 

 

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1school districts are required to file claims with the State
2Board of Education, subject to the following requirements:
3        (a) Any school district which fails for any given
4    school year to maintain school as required by law, or to
5    maintain a recognized school is not eligible to file for
6    such school year any claim upon the Common School Fund. In
7    case of nonrecognition of one or more attendance centers in
8    a school district otherwise operating recognized schools,
9    the claim of the district shall be reduced in the
10    proportion which the Average Daily Attendance in the
11    attendance center or centers bear to the Average Daily
12    Attendance in the school district. A "recognized school"
13    means any public school which meets the standards as
14    established for recognition by the State Board of
15    Education. A school district or attendance center not
16    having recognition status at the end of a school term is
17    entitled to receive State aid payments due upon a legal
18    claim which was filed while it was recognized.
19        (b) School district claims filed under this Section are
20    subject to Sections 18-9 and 18-12, except as otherwise
21    provided in this Section.
22        (c) If a school district operates a full year school
23    under Section 10-19.1, the general State aid to the school
24    district shall be determined by the State Board of
25    Education in accordance with this Section as near as may be
26    applicable.

 

 

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1        (d) (Blank).
2    (4) Except as provided in subsections (H) and (L), the
3board of any district receiving any of the grants provided for
4in this Section may apply those funds to any fund so received
5for which that board is authorized to make expenditures by law.
6    School districts are not required to exert a minimum
7Operating Tax Rate in order to qualify for assistance under
8this Section.
9    (5) As used in this Section the following terms, when
10capitalized, shall have the meaning ascribed herein:
11        (a) "Average Daily Attendance": A count of pupil
12    attendance in school, averaged as provided for in
13    subsection (C) and utilized in deriving per pupil financial
14    support levels.
15        (b) "Available Local Resources": A computation of
16    local financial support, calculated on the basis of Average
17    Daily Attendance and derived as provided pursuant to
18    subsection (D).
19        (c) "Corporate Personal Property Replacement Taxes":
20    Funds paid to local school districts pursuant to "An Act in
21    relation to the abolition of ad valorem personal property
22    tax and the replacement of revenues lost thereby, and
23    amending and repealing certain Acts and parts of Acts in
24    connection therewith", certified August 14, 1979, as
25    amended (Public Act 81-1st S.S.-1).
26        (d) "Foundation Level": A prescribed level of per pupil

 

 

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1    financial support as provided for in subsection (B).
2        (e) "Operating Tax Rate": All school district property
3    taxes extended for all purposes, except Bond and Interest,
4    Summer School, Rent, Capital Improvement, and Vocational
5    Education Building purposes.
 
6(B) Foundation Level.
7    (1) The Foundation Level is a figure established by the
8State representing the minimum level of per pupil financial
9support that should be available to provide for the basic
10education of each pupil in Average Daily Attendance. As set
11forth in this Section, each school district is assumed to exert
12a sufficient local taxing effort such that, in combination with
13the aggregate of general State financial aid provided the
14district, an aggregate of State and local resources are
15available to meet the basic education needs of pupils in the
16district.
17    (2) For the 1998-1999 school year, the Foundation Level of
18support is $4,225. For the 1999-2000 school year, the
19Foundation Level of support is $4,325. For the 2000-2001 school
20year, the Foundation Level of support is $4,425. For the
212001-2002 school year and 2002-2003 school year, the Foundation
22Level of support is $4,560. For the 2003-2004 school year, the
23Foundation Level of support is $4,810. For the 2004-2005 school
24year, the Foundation Level of support is $4,964. For the
252005-2006 school year, the Foundation Level of support is

 

 

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1$5,164. For the 2006-2007 school year, the Foundation Level of
2support is $5,334. For the 2007-2008 school year, the
3Foundation Level of support is $5,734. For the 2008-2009 school
4year, the Foundation Level of support is $5,959.
5    (3) For the 2009-2010 school year and each school year
6thereafter, the Foundation Level of support is $6,119 or such
7greater amount as may be established by law by the General
8Assembly.
 
9(C) Average Daily Attendance.
10    (1) For purposes of calculating general State aid pursuant
11to subsection (E), an Average Daily Attendance figure shall be
12utilized. The Average Daily Attendance figure for formula
13calculation purposes shall be the monthly average of the actual
14number of pupils in attendance of each school district, as
15further averaged for the best 3 months of pupil attendance for
16each school district. In compiling the figures for the number
17of pupils in attendance, school districts and the State Board
18of Education shall, for purposes of general State aid funding,
19conform attendance figures to the requirements of subsection
20(F).
21    (2) The Average Daily Attendance figures utilized in
22subsection (E) shall be the requisite attendance data for the
23school year immediately preceding the school year for which
24general State aid is being calculated or the average of the
25attendance data for the 3 preceding school years, whichever is

 

 

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1greater. The Average Daily Attendance figures utilized in
2subsection (H) shall be the requisite attendance data for the
3school year immediately preceding the school year for which
4general State aid is being calculated.
 
5(D) Available Local Resources.
6    (1) For purposes of calculating general State aid pursuant
7to subsection (E), a representation of Available Local
8Resources per pupil, as that term is defined and determined in
9this subsection, shall be utilized. Available Local Resources
10per pupil shall include a calculated dollar amount representing
11local school district revenues from local property taxes and
12from Corporate Personal Property Replacement Taxes, expressed
13on the basis of pupils in Average Daily Attendance. Calculation
14of Available Local Resources shall exclude any tax amnesty
15funds received as a result of Public Act 93-26.
16    (2) In determining a school district's revenue from local
17property taxes, the State Board of Education shall utilize the
18equalized assessed valuation of all taxable property of each
19school district as of September 30 of the previous year. The
20equalized assessed valuation utilized shall be obtained and
21determined as provided in subsection (G).
22    (3) For school districts maintaining grades kindergarten
23through 12, local property tax revenues per pupil shall be
24calculated as the product of the applicable equalized assessed
25valuation for the district multiplied by 3.00%, and divided by

 

 

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1the district's Average Daily Attendance figure. For school
2districts maintaining grades kindergarten through 8, local
3property tax revenues per pupil shall be calculated as the
4product of the applicable equalized assessed valuation for the
5district multiplied by 2.30%, and divided by the district's
6Average Daily Attendance figure. For school districts
7maintaining grades 9 through 12, local property tax revenues
8per pupil shall be the applicable equalized assessed valuation
9of the district multiplied by 1.05%, and divided by the
10district's Average Daily Attendance figure.
11    For partial elementary unit districts created pursuant to
12Article 11E of this Code, local property tax revenues per pupil
13shall be calculated as the product of the equalized assessed
14valuation for property within the partial elementary unit
15district for elementary purposes, as defined in Article 11E of
16this Code, multiplied by 2.06% and divided by the district's
17Average Daily Attendance figure, plus the product of the
18equalized assessed valuation for property within the partial
19elementary unit district for high school purposes, as defined
20in Article 11E of this Code, multiplied by 0.94% and divided by
21the district's Average Daily Attendance figure.
22    (4) The Corporate Personal Property Replacement Taxes paid
23to each school district during the calendar year one year
24before the calendar year in which a school year begins, divided
25by the Average Daily Attendance figure for that district, shall
26be added to the local property tax revenues per pupil as

 

 

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1derived by the application of the immediately preceding
2paragraph (3). The sum of these per pupil figures for each
3school district shall constitute Available Local Resources as
4that term is utilized in subsection (E) in the calculation of
5general State aid.
 
6(E) Computation of General State Aid.
7    (1) For each school year, the amount of general State aid
8allotted to a school district shall be computed by the State
9Board of Education as provided in this subsection.
10    (2) For any school district for which Available Local
11Resources per pupil is less than the product of 0.93 times the
12Foundation Level, general State aid for that district shall be
13calculated as an amount equal to the Foundation Level minus
14Available Local Resources, multiplied by the Average Daily
15Attendance of the school district.
16    (3) For any school district for which Available Local
17Resources per pupil is equal to or greater than the product of
180.93 times the Foundation Level and less than the product of
191.75 times the Foundation Level, the general State aid per
20pupil shall be a decimal proportion of the Foundation Level
21derived using a linear algorithm. Under this linear algorithm,
22the calculated general State aid per pupil shall decline in
23direct linear fashion from 0.07 times the Foundation Level for
24a school district with Available Local Resources equal to the
25product of 0.93 times the Foundation Level, to 0.05 times the

 

 

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1Foundation Level for a school district with Available Local
2Resources equal to the product of 1.75 times the Foundation
3Level. The allocation of general State aid for school districts
4subject to this paragraph 3 shall be the calculated general
5State aid per pupil figure multiplied by the Average Daily
6Attendance of the school district.
7    (4) For any school district for which Available Local
8Resources per pupil equals or exceeds the product of 1.75 times
9the Foundation Level, the general State aid for the school
10district shall be calculated as the product of $218 multiplied
11by the Average Daily Attendance of the school district.
12    (5) The amount of general State aid allocated to a school
13district for the 1999-2000 school year meeting the requirements
14set forth in paragraph (4) of subsection (G) shall be increased
15by an amount equal to the general State aid that would have
16been received by the district for the 1998-1999 school year by
17utilizing the Extension Limitation Equalized Assessed
18Valuation as calculated in paragraph (4) of subsection (G) less
19the general State aid allotted for the 1998-1999 school year.
20This amount shall be deemed a one time increase, and shall not
21affect any future general State aid allocations.
 
22(F) Compilation of Average Daily Attendance.
23    (1) Each school district shall, by July 1 of each year,
24submit to the State Board of Education, on forms prescribed by
25the State Board of Education, attendance figures for the school

 

 

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1year that began in the preceding calendar year. The attendance
2information so transmitted shall identify the average daily
3attendance figures for each month of the school year. Beginning
4with the general State aid claim form for the 2002-2003 school
5year, districts shall calculate Average Daily Attendance as
6provided in subdivisions (a), (b), and (c) of this paragraph
7(1).
8        (a) In districts that do not hold year-round classes,
9    days of attendance in August shall be added to the month of
10    September and any days of attendance in June shall be added
11    to the month of May.
12        (b) In districts in which all buildings hold year-round
13    classes, days of attendance in July and August shall be
14    added to the month of September and any days of attendance
15    in June shall be added to the month of May.
16        (c) In districts in which some buildings, but not all,
17    hold year-round classes, for the non-year-round buildings,
18    days of attendance in August shall be added to the month of
19    September and any days of attendance in June shall be added
20    to the month of May. The average daily attendance for the
21    year-round buildings shall be computed as provided in
22    subdivision (b) of this paragraph (1). To calculate the
23    Average Daily Attendance for the district, the average
24    daily attendance for the year-round buildings shall be
25    multiplied by the days in session for the non-year-round
26    buildings for each month and added to the monthly

 

 

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1    attendance of the non-year-round buildings.
2    Except as otherwise provided in this Section, days of
3attendance by pupils shall be counted only for sessions of not
4less than 5 clock hours of school work per day under direct
5supervision of: (i) teachers, or (ii) non-teaching personnel or
6volunteer personnel when engaging in non-teaching duties and
7supervising in those instances specified in subsection (a) of
8Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
9of legal school age and in kindergarten and grades 1 through
1012.
11    Days of attendance by tuition pupils shall be accredited
12only to the districts that pay the tuition to a recognized
13school.
14    (2) Days of attendance by pupils of less than 5 clock hours
15of school shall be subject to the following provisions in the
16compilation of Average Daily Attendance.
17        (a) Pupils regularly enrolled in a public school for
18    only a part of the school day may be counted on the basis
19    of 1/6 day for every class hour of instruction of 40
20    minutes or more attended pursuant to such enrollment,
21    unless a pupil is enrolled in a block-schedule format of 80
22    minutes or more of instruction, in which case the pupil may
23    be counted on the basis of the proportion of minutes of
24    school work completed each day to the minimum number of
25    minutes that school work is required to be held that day.
26        (b) (Blank).

 

 

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1        (c) A session of 4 or more clock hours may be counted
2    as a day of attendance upon certification by the regional
3    superintendent, and approved by the State Superintendent
4    of Education to the extent that the district has been
5    forced to use daily multiple sessions.
6        (d) A session of 3 or more clock hours may be counted
7    as a day of attendance (1) when the remainder of the school
8    day or at least 2 hours in the evening of that day is
9    utilized for an in-service training program for teachers,
10    up to a maximum of 5 days per school year, provided a
11    district conducts an in-service training program for
12    teachers in accordance with Section 10-22.39 of this Code;
13    or, in lieu of 4 such days, 2 full days may be used, in
14    which event each such day may be counted as a day required
15    for a legal school calendar pursuant to Section 10-19 of
16    this Code; (1.5) when, of the 5 days allowed under item
17    (1), a maximum of 4 days are used for parent-teacher
18    conferences, or, in lieu of 4 such days, 2 full days are
19    used, in which case each such day may be counted as a
20    calendar day required under Section 10-19 of this Code,
21    provided that the full-day, parent-teacher conference
22    consists of (i) a minimum of 5 clock hours of
23    parent-teacher conferences, (ii) both a minimum of 2 clock
24    hours of parent-teacher conferences held in the evening
25    following a full day of student attendance, as specified in
26    subsection (F)(1)(c), and a minimum of 3 clock hours of

 

 

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1    parent-teacher conferences held on the day immediately
2    following evening parent-teacher conferences, or (iii)
3    multiple parent-teacher conferences held in the evenings
4    following full days of student attendance, as specified in
5    subsection (F)(1)(c), in which the time used for the
6    parent-teacher conferences is equivalent to a minimum of 5
7    clock hours; and (2) when days in addition to those
8    provided in items (1) and (1.5) are scheduled by a school
9    pursuant to its school improvement plan adopted under
10    Article 34 or its revised or amended school improvement
11    plan adopted under Article 2, provided that (i) such
12    sessions of 3 or more clock hours are scheduled to occur at
13    regular intervals, (ii) the remainder of the school days in
14    which such sessions occur are utilized for in-service
15    training programs or other staff development activities
16    for teachers, and (iii) a sufficient number of minutes of
17    school work under the direct supervision of teachers are
18    added to the school days between such regularly scheduled
19    sessions to accumulate not less than the number of minutes
20    by which such sessions of 3 or more clock hours fall short
21    of 5 clock hours. Any full days used for the purposes of
22    this paragraph shall not be considered for computing
23    average daily attendance. Days scheduled for in-service
24    training programs, staff development activities, or
25    parent-teacher conferences may be scheduled separately for
26    different grade levels and different attendance centers of

 

 

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1    the district.
2        (e) A session of not less than one clock hour of
3    teaching hospitalized or homebound pupils on-site or by
4    telephone to the classroom may be counted as 1/2 day of
5    attendance, however these pupils must receive 4 or more
6    clock hours of instruction to be counted for a full day of
7    attendance.
8        (f) A session of at least 4 clock hours may be counted
9    as a day of attendance for first grade pupils, and pupils
10    in full day kindergartens, and a session of 2 or more hours
11    may be counted as 1/2 day of attendance by pupils in
12    kindergartens which provide only 1/2 day of attendance.
13        (g) For children with disabilities who are below the
14    age of 6 years and who cannot attend 2 or more clock hours
15    because of their disability or immaturity, a session of not
16    less than one clock hour may be counted as 1/2 day of
17    attendance; however for such children whose educational
18    needs so require a session of 4 or more clock hours may be
19    counted as a full day of attendance.
20        (h) A recognized kindergarten which provides for only
21    1/2 day of attendance by each pupil shall not have more
22    than 1/2 day of attendance counted in any one day. However,
23    kindergartens may count 2 1/2 days of attendance in any 5
24    consecutive school days. When a pupil attends such a
25    kindergarten for 2 half days on any one school day, the
26    pupil shall have the following day as a day absent from

 

 

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1    school, unless the school district obtains permission in
2    writing from the State Superintendent of Education.
3    Attendance at kindergartens which provide for a full day of
4    attendance by each pupil shall be counted the same as
5    attendance by first grade pupils. Only the first year of
6    attendance in one kindergarten shall be counted, except in
7    case of children who entered the kindergarten in their
8    fifth year whose educational development requires a second
9    year of kindergarten as determined under the rules and
10    regulations of the State Board of Education.
11        (i) On the days when the assessment that includes a
12    college and career ready determination is administered
13    under subsection (c) of Section 2-3.64a-5 of this Code, the
14    day of attendance for a pupil whose school day must be
15    shortened to accommodate required testing procedures may
16    be less than 5 clock hours and shall be counted towards the
17    176 days of actual pupil attendance required under Section
18    10-19 of this Code, provided that a sufficient number of
19    minutes of school work in excess of 5 clock hours are first
20    completed on other school days to compensate for the loss
21    of school work on the examination days.
22        (j) Pupils enrolled in a remote educational program
23    established under Section 10-29 of this Code may be counted
24    on the basis of one-fifth day of attendance for every clock
25    hour of instruction attended in the remote educational
26    program, provided that, in any month, the school district

 

 

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1    may not claim for a student enrolled in a remote
2    educational program more days of attendance than the
3    maximum number of days of attendance the district can claim
4    (i) for students enrolled in a building holding year-round
5    classes if the student is classified as participating in
6    the remote educational program on a year-round schedule or
7    (ii) for students enrolled in a building not holding
8    year-round classes if the student is not classified as
9    participating in the remote educational program on a
10    year-round schedule.
 
11(G) Equalized Assessed Valuation Data.
12    (1) For purposes of the calculation of Available Local
13Resources required pursuant to subsection (D), the State Board
14of Education shall secure from the Department of Revenue the
15value as equalized or assessed by the Department of Revenue of
16all taxable property of every school district, together with
17(i) the applicable tax rate used in extending taxes for the
18funds of the district as of September 30 of the previous year
19and (ii) the limiting rate for all school districts subject to
20property tax extension limitations as imposed under the
21Property Tax Extension Limitation Law.
22    The Department of Revenue shall add to the equalized
23assessed value of all taxable property of each school district
24situated entirely or partially within a county that is or was
25subject to the provisions of Section 15-176 or 15-177 of the

 

 

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1Property Tax Code (a) an amount equal to the total amount by
2which the homestead exemption allowed under Section 15-176 or
315-177 of the Property Tax Code for real property situated in
4that school district exceeds the total amount that would have
5been allowed in that school district if the maximum reduction
6under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
7all other counties in tax year 2003 or (ii) $5,000 in all
8counties in tax year 2004 and thereafter and (b) an amount
9equal to the aggregate amount for the taxable year of all
10additional exemptions under Section 15-175 of the Property Tax
11Code for owners with a household income of $30,000 or less. The
12county clerk of any county that is or was subject to the
13provisions of Section 15-176 or 15-177 of the Property Tax Code
14shall annually calculate and certify to the Department of
15Revenue for each school district all homestead exemption
16amounts under Section 15-176 or 15-177 of the Property Tax Code
17and all amounts of additional exemptions under Section 15-175
18of the Property Tax Code for owners with a household income of
19$30,000 or less. It is the intent of this paragraph that if the
20general homestead exemption for a parcel of property is
21determined under Section 15-176 or 15-177 of the Property Tax
22Code rather than Section 15-175, then the calculation of
23Available Local Resources shall not be affected by the
24difference, if any, between the amount of the general homestead
25exemption allowed for that parcel of property under Section
2615-176 or 15-177 of the Property Tax Code and the amount that

 

 

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1would have been allowed had the general homestead exemption for
2that parcel of property been determined under Section 15-175 of
3the Property Tax Code. It is further the intent of this
4paragraph that if additional exemptions are allowed under
5Section 15-175 of the Property Tax Code for owners with a
6household income of less than $30,000, then the calculation of
7Available Local Resources shall not be affected by the
8difference, if any, because of those additional exemptions.
9    This equalized assessed valuation, as adjusted further by
10the requirements of this subsection, shall be utilized in the
11calculation of Available Local Resources.
12    (2) The equalized assessed valuation in paragraph (1) shall
13be adjusted, as applicable, in the following manner:
14        (a) For the purposes of calculating State aid under
15    this Section, with respect to any part of a school district
16    within a redevelopment project area in respect to which a
17    municipality has adopted tax increment allocation
18    financing pursuant to the Tax Increment Allocation
19    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
20    of the Illinois Municipal Code or the Industrial Jobs
21    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
22    Illinois Municipal Code, no part of the current equalized
23    assessed valuation of real property located in any such
24    project area which is attributable to an increase above the
25    total initial equalized assessed valuation of such
26    property shall be used as part of the equalized assessed

 

 

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1    valuation of the district, until such time as all
2    redevelopment project costs have been paid, as provided in
3    Section 11-74.4-8 of the Tax Increment Allocation
4    Redevelopment Act or in Section 11-74.6-35 of the
5    Industrial Jobs Recovery Law. For the purpose of the
6    equalized assessed valuation of the district, the total
7    initial equalized assessed valuation or the current
8    equalized assessed valuation, whichever is lower, shall be
9    used until such time as all redevelopment project costs
10    have been paid.
11        (b) The real property equalized assessed valuation for
12    a school district shall be adjusted by subtracting from the
13    real property value as equalized or assessed by the
14    Department of Revenue for the district an amount computed
15    by dividing the amount of any abatement of taxes under
16    Section 18-170 of the Property Tax Code by 3.00% for a
17    district maintaining grades kindergarten through 12, by
18    2.30% for a district maintaining grades kindergarten
19    through 8, or by 1.05% for a district maintaining grades 9
20    through 12 and adjusted by an amount computed by dividing
21    the amount of any abatement of taxes under subsection (a)
22    of Section 18-165 of the Property Tax Code by the same
23    percentage rates for district type as specified in this
24    subparagraph (b).
25    (3) For the 1999-2000 school year and each school year
26thereafter, if a school district meets all of the criteria of

 

 

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1this subsection (G)(3), the school district's Available Local
2Resources shall be calculated under subsection (D) using the
3district's Extension Limitation Equalized Assessed Valuation
4as calculated under this subsection (G)(3).
5    For purposes of this subsection (G)(3) the following terms
6shall have the following meanings:
7        "Budget Year": The school year for which general State
8    aid is calculated and awarded under subsection (E).
9        "Base Tax Year": The property tax levy year used to
10    calculate the Budget Year allocation of general State aid.
11        "Preceding Tax Year": The property tax levy year
12    immediately preceding the Base Tax Year.
13        "Base Tax Year's Tax Extension": The product of the
14    equalized assessed valuation utilized by the County Clerk
15    in the Base Tax Year multiplied by the limiting rate as
16    calculated by the County Clerk and defined in the Property
17    Tax Extension Limitation Law.
18        "Preceding Tax Year's Tax Extension": The product of
19    the equalized assessed valuation utilized by the County
20    Clerk in the Preceding Tax Year multiplied by the Operating
21    Tax Rate as defined in subsection (A).
22        "Extension Limitation Ratio": A numerical ratio,
23    certified by the County Clerk, in which the numerator is
24    the Base Tax Year's Tax Extension and the denominator is
25    the Preceding Tax Year's Tax Extension.
26        "Operating Tax Rate": The operating tax rate as defined

 

 

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1    in subsection (A).
2    If a school district is subject to property tax extension
3limitations as imposed under the Property Tax Extension
4Limitation Law, the State Board of Education shall calculate
5the Extension Limitation Equalized Assessed Valuation of that
6district. For the 1999-2000 school year, the Extension
7Limitation Equalized Assessed Valuation of a school district as
8calculated by the State Board of Education shall be equal to
9the product of the district's 1996 Equalized Assessed Valuation
10and the district's Extension Limitation Ratio. Except as
11otherwise provided in this paragraph for a school district that
12has approved or does approve an increase in its limiting rate,
13for the 2000-2001 school year and each school year thereafter,
14the Extension Limitation Equalized Assessed Valuation of a
15school district as calculated by the State Board of Education
16shall be equal to the product of the Equalized Assessed
17Valuation last used in the calculation of general State aid and
18the district's Extension Limitation Ratio. If the Extension
19Limitation Equalized Assessed Valuation of a school district as
20calculated under this subsection (G)(3) is less than the
21district's equalized assessed valuation as calculated pursuant
22to subsections (G)(1) and (G)(2), then for purposes of
23calculating the district's general State aid for the Budget
24Year pursuant to subsection (E), that Extension Limitation
25Equalized Assessed Valuation shall be utilized to calculate the
26district's Available Local Resources under subsection (D). For

 

 

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1the 2009-2010 school year and each school year thereafter, if a
2school district has approved or does approve an increase in its
3limiting rate, pursuant to Section 18-190 of the Property Tax
4Code, affecting the Base Tax Year, the Extension Limitation
5Equalized Assessed Valuation of the school district, as
6calculated by the State Board of Education, shall be equal to
7the product of the Equalized Assessed Valuation last used in
8the calculation of general State aid times an amount equal to
9one plus the percentage increase, if any, in the Consumer Price
10Index for all Urban Consumers for all items published by the
11United States Department of Labor for the 12-month calendar
12year preceding the Base Tax Year, plus the Equalized Assessed
13Valuation of new property, annexed property, and recovered tax
14increment value and minus the Equalized Assessed Valuation of
15disconnected property. New property and recovered tax
16increment value shall have the meanings set forth in the
17Property Tax Extension Limitation Law.
18    Partial elementary unit districts created in accordance
19with Article 11E of this Code shall not be eligible for the
20adjustment in this subsection (G)(3) until the fifth year
21following the effective date of the reorganization.
22    (3.5) For the 2010-2011 school year and each school year
23thereafter, if a school district's boundaries span multiple
24counties, then the Department of Revenue shall send to the
25State Board of Education, for the purpose of calculating
26general State aid, the limiting rate and individual rates by

 

 

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1purpose for the county that contains the majority of the school
2district's Equalized Assessed Valuation.
3    (4) For the purposes of calculating general State aid for
4the 1999-2000 school year only, if a school district
5experienced a triennial reassessment on the equalized assessed
6valuation used in calculating its general State financial aid
7apportionment for the 1998-1999 school year, the State Board of
8Education shall calculate the Extension Limitation Equalized
9Assessed Valuation that would have been used to calculate the
10district's 1998-1999 general State aid. This amount shall equal
11the product of the equalized assessed valuation used to
12calculate general State aid for the 1997-1998 school year and
13the district's Extension Limitation Ratio. If the Extension
14Limitation Equalized Assessed Valuation of the school district
15as calculated under this paragraph (4) is less than the
16district's equalized assessed valuation utilized in
17calculating the district's 1998-1999 general State aid
18allocation, then for purposes of calculating the district's
19general State aid pursuant to paragraph (5) of subsection (E),
20that Extension Limitation Equalized Assessed Valuation shall
21be utilized to calculate the district's Available Local
22Resources.
23    (5) For school districts having a majority of their
24equalized assessed valuation in any county except Cook, DuPage,
25Kane, Lake, McHenry, or Will, if the amount of general State
26aid allocated to the school district for the 1999-2000 school

 

 

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1year under the provisions of subsection (E), (H), and (J) of
2this Section is less than the amount of general State aid
3allocated to the district for the 1998-1999 school year under
4these subsections, then the general State aid of the district
5for the 1999-2000 school year only shall be increased by the
6difference between these amounts. The total payments made under
7this paragraph (5) shall not exceed $14,000,000. Claims shall
8be prorated if they exceed $14,000,000.
 
9(H) Supplemental General State Aid.
10    (1) In addition to the general State aid a school district
11is allotted pursuant to subsection (E), qualifying school
12districts shall receive a grant, paid in conjunction with a
13district's payments of general State aid, for supplemental
14general State aid based upon the concentration level of
15children from low-income households within the school
16district. Supplemental State aid grants provided for school
17districts under this subsection shall be appropriated for
18distribution to school districts as part of the same line item
19in which the general State financial aid of school districts is
20appropriated under this Section.
21    (1.5) This paragraph (1.5) applies only to those school
22years preceding the 2003-2004 school year. For purposes of this
23subsection (H), the term "Low-Income Concentration Level"
24shall be the low-income eligible pupil count from the most
25recently available federal census divided by the Average Daily

 

 

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1Attendance of the school district. If, however, (i) the
2percentage decrease from the 2 most recent federal censuses in
3the low-income eligible pupil count of a high school district
4with fewer than 400 students exceeds by 75% or more the
5percentage change in the total low-income eligible pupil count
6of contiguous elementary school districts, whose boundaries
7are coterminous with the high school district, or (ii) a high
8school district within 2 counties and serving 5 elementary
9school districts, whose boundaries are coterminous with the
10high school district, has a percentage decrease from the 2 most
11recent federal censuses in the low-income eligible pupil count
12and there is a percentage increase in the total low-income
13eligible pupil count of a majority of the elementary school
14districts in excess of 50% from the 2 most recent federal
15censuses, then the high school district's low-income eligible
16pupil count from the earlier federal census shall be the number
17used as the low-income eligible pupil count for the high school
18district, for purposes of this subsection (H). The changes made
19to this paragraph (1) by Public Act 92-28 shall apply to
20supplemental general State aid grants for school years
21preceding the 2003-2004 school year that are paid in fiscal
22year 1999 or thereafter and to any State aid payments made in
23fiscal year 1994 through fiscal year 1998 pursuant to
24subsection 1(n) of Section 18-8 of this Code (which was
25repealed on July 1, 1998), and any high school district that is
26affected by Public Act 92-28 is entitled to a recomputation of

 

 

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1its supplemental general State aid grant or State aid paid in
2any of those fiscal years. This recomputation shall not be
3affected by any other funding.
4    (1.10) This paragraph (1.10) applies to the 2003-2004
5school year and each school year thereafter. For purposes of
6this subsection (H), the term "Low-Income Concentration Level"
7shall, for each fiscal year, be the low-income eligible pupil
8count as of July 1 of the immediately preceding fiscal year (as
9determined by the Department of Human Services based on the
10number of pupils who are eligible for at least one of the
11following low income programs: Medicaid, the Children's Health
12Insurance Program, TANF, or Food Stamps, excluding pupils who
13are eligible for services provided by the Department of
14Children and Family Services, averaged over the 2 immediately
15preceding fiscal years for fiscal year 2004 and over the 3
16immediately preceding fiscal years for each fiscal year
17thereafter) divided by the Average Daily Attendance of the
18school district.
19    (2) Supplemental general State aid pursuant to this
20subsection (H) shall be provided as follows for the 1998-1999,
211999-2000, and 2000-2001 school years only:
22        (a) For any school district with a Low Income
23    Concentration Level of at least 20% and less than 35%, the
24    grant for any school year shall be $800 multiplied by the
25    low income eligible pupil count.
26        (b) For any school district with a Low Income

 

 

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1    Concentration Level of at least 35% and less than 50%, the
2    grant for the 1998-1999 school year shall be $1,100
3    multiplied by the low income eligible pupil count.
4        (c) For any school district with a Low Income
5    Concentration Level of at least 50% and less than 60%, the
6    grant for the 1998-99 school year shall be $1,500
7    multiplied by the low income eligible pupil count.
8        (d) For any school district with a Low Income
9    Concentration Level of 60% or more, the grant for the
10    1998-99 school year shall be $1,900 multiplied by the low
11    income eligible pupil count.
12        (e) For the 1999-2000 school year, the per pupil amount
13    specified in subparagraphs (b), (c), and (d) immediately
14    above shall be increased to $1,243, $1,600, and $2,000,
15    respectively.
16        (f) For the 2000-2001 school year, the per pupil
17    amounts specified in subparagraphs (b), (c), and (d)
18    immediately above shall be $1,273, $1,640, and $2,050,
19    respectively.
20    (2.5) Supplemental general State aid pursuant to this
21subsection (H) shall be provided as follows for the 2002-2003
22school year:
23        (a) For any school district with a Low Income
24    Concentration Level of less than 10%, the grant for each
25    school year shall be $355 multiplied by the low income
26    eligible pupil count.

 

 

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1        (b) For any school district with a Low Income
2    Concentration Level of at least 10% and less than 20%, the
3    grant for each school year shall be $675 multiplied by the
4    low income eligible pupil count.
5        (c) For any school district with a Low Income
6    Concentration Level of at least 20% and less than 35%, the
7    grant for each school year shall be $1,330 multiplied by
8    the low income eligible pupil count.
9        (d) For any school district with a Low Income
10    Concentration Level of at least 35% and less than 50%, the
11    grant for each school year shall be $1,362 multiplied by
12    the low income eligible pupil count.
13        (e) For any school district with a Low Income
14    Concentration Level of at least 50% and less than 60%, the
15    grant for each school year shall be $1,680 multiplied by
16    the low income eligible pupil count.
17        (f) For any school district with a Low Income
18    Concentration Level of 60% or more, the grant for each
19    school year shall be $2,080 multiplied by the low income
20    eligible pupil count.
21    (2.10) Except as otherwise provided, supplemental general
22State aid pursuant to this subsection (H) shall be provided as
23follows for the 2003-2004 school year and each school year
24thereafter:
25        (a) For any school district with a Low Income
26    Concentration Level of 15% or less, the grant for each

 

 

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1    school year shall be $355 multiplied by the low income
2    eligible pupil count.
3        (b) For any school district with a Low Income
4    Concentration Level greater than 15%, the grant for each
5    school year shall be $294.25 added to the product of $2,700
6    and the square of the Low Income Concentration Level, all
7    multiplied by the low income eligible pupil count.
8    For the 2003-2004 school year and each school year
9thereafter through the 2008-2009 school year only, the grant
10shall be no less than the grant for the 2002-2003 school year.
11For the 2009-2010 school year only, the grant shall be no less
12than the grant for the 2002-2003 school year multiplied by
130.66. For the 2010-2011 school year only, the grant shall be no
14less than the grant for the 2002-2003 school year multiplied by
150.33. Notwithstanding the provisions of this paragraph to the
16contrary, if for any school year supplemental general State aid
17grants are prorated as provided in paragraph (1) of this
18subsection (H), then the grants under this paragraph shall be
19prorated.
20    For the 2003-2004 school year only, the grant shall be no
21greater than the grant received during the 2002-2003 school
22year added to the product of 0.25 multiplied by the difference
23between the grant amount calculated under subsection (a) or (b)
24of this paragraph (2.10), whichever is applicable, and the
25grant received during the 2002-2003 school year. For the
262004-2005 school year only, the grant shall be no greater than

 

 

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1the grant received during the 2002-2003 school year added to
2the product of 0.50 multiplied by the difference between the
3grant amount calculated under subsection (a) or (b) of this
4paragraph (2.10), whichever is applicable, and the grant
5received during the 2002-2003 school year. For the 2005-2006
6school year only, the grant shall be no greater than the grant
7received during the 2002-2003 school year added to the product
8of 0.75 multiplied by the difference between the grant amount
9calculated under subsection (a) or (b) of this paragraph
10(2.10), whichever is applicable, and the grant received during
11the 2002-2003 school year.
12    (3) School districts with an Average Daily Attendance of
13more than 1,000 and less than 50,000 that qualify for
14supplemental general State aid pursuant to this subsection
15shall submit a plan to the State Board of Education prior to
16October 30 of each year for the use of the funds resulting from
17this grant of supplemental general State aid for the
18improvement of instruction in which priority is given to
19meeting the education needs of disadvantaged children. Such
20plan shall be submitted in accordance with rules and
21regulations promulgated by the State Board of Education.
22    (4) School districts with an Average Daily Attendance of
2350,000 or more that qualify for supplemental general State aid
24pursuant to this subsection shall be required to distribute
25from funds available pursuant to this Section, no less than
26$261,000,000 in accordance with the following requirements:

 

 

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1        (a) The required amounts shall be distributed to the
2    attendance centers within the district in proportion to the
3    number of pupils enrolled at each attendance center who are
4    eligible to receive free or reduced-price lunches or
5    breakfasts under the federal Child Nutrition Act of 1966
6    and under the National School Lunch Act during the
7    immediately preceding school year.
8        (b) The distribution of these portions of supplemental
9    and general State aid among attendance centers according to
10    these requirements shall not be compensated for or
11    contravened by adjustments of the total of other funds
12    appropriated to any attendance centers, and the Board of
13    Education shall utilize funding from one or several sources
14    in order to fully implement this provision annually prior
15    to the opening of school.
16        (c) Each attendance center shall be provided by the
17    school district a distribution of noncategorical funds and
18    other categorical funds to which an attendance center is
19    entitled under law in order that the general State aid and
20    supplemental general State aid provided by application of
21    this subsection supplements rather than supplants the
22    noncategorical funds and other categorical funds provided
23    by the school district to the attendance centers.
24        (d) Any funds made available under this subsection that
25    by reason of the provisions of this subsection are not
26    required to be allocated and provided to attendance centers

 

 

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1    may be used and appropriated by the board of the district
2    for any lawful school purpose.
3        (e) Funds received by an attendance center pursuant to
4    this subsection shall be used by the attendance center at
5    the discretion of the principal and local school council
6    for programs to improve educational opportunities at
7    qualifying schools through the following programs and
8    services: early childhood education, reduced class size or
9    improved adult to student classroom ratio, enrichment
10    programs, remedial assistance, attendance improvement, and
11    other educationally beneficial expenditures which
12    supplement the regular and basic programs as determined by
13    the State Board of Education. Funds provided shall not be
14    expended for any political or lobbying purposes as defined
15    by board rule.
16        (f) Each district subject to the provisions of this
17    subdivision (H)(4) shall submit an acceptable plan to meet
18    the educational needs of disadvantaged children, in
19    compliance with the requirements of this paragraph, to the
20    State Board of Education prior to July 15 of each year.
21    This plan shall be consistent with the decisions of local
22    school councils concerning the school expenditure plans
23    developed in accordance with part 4 of Section 34-2.3. The
24    State Board shall approve or reject the plan within 60 days
25    after its submission. If the plan is rejected, the district
26    shall give written notice of intent to modify the plan

 

 

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1    within 15 days of the notification of rejection and then
2    submit a modified plan within 30 days after the date of the
3    written notice of intent to modify. Districts may amend
4    approved plans pursuant to rules promulgated by the State
5    Board of Education.
6        Upon notification by the State Board of Education that
7    the district has not submitted a plan prior to July 15 or a
8    modified plan within the time period specified herein, the
9    State aid funds affected by that plan or modified plan
10    shall be withheld by the State Board of Education until a
11    plan or modified plan is submitted.
12        If the district fails to distribute State aid to
13    attendance centers in accordance with an approved plan, the
14    plan for the following year shall allocate funds, in
15    addition to the funds otherwise required by this
16    subsection, to those attendance centers which were
17    underfunded during the previous year in amounts equal to
18    such underfunding.
19        For purposes of determining compliance with this
20    subsection in relation to the requirements of attendance
21    center funding, each district subject to the provisions of
22    this subsection shall submit as a separate document by
23    December 1 of each year a report of expenditure data for
24    the prior year in addition to any modification of its
25    current plan. If it is determined that there has been a
26    failure to comply with the expenditure provisions of this

 

 

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1    subsection regarding contravention or supplanting, the
2    State Superintendent of Education shall, within 60 days of
3    receipt of the report, notify the district and any affected
4    local school council. The district shall within 45 days of
5    receipt of that notification inform the State
6    Superintendent of Education of the remedial or corrective
7    action to be taken, whether by amendment of the current
8    plan, if feasible, or by adjustment in the plan for the
9    following year. Failure to provide the expenditure report
10    or the notification of remedial or corrective action in a
11    timely manner shall result in a withholding of the affected
12    funds.
13        The State Board of Education shall promulgate rules and
14    regulations to implement the provisions of this
15    subsection. No funds shall be released under this
16    subdivision (H)(4) to any district that has not submitted a
17    plan that has been approved by the State Board of
18    Education.
 
19(I) (Blank).
 
20(J) (Blank).
 
21(K) Grants to Laboratory and Alternative Schools.
22    In calculating the amount to be paid to the governing board
23of a public university that operates a laboratory school under

 

 

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1this Section or to any alternative school that is operated by a
2regional superintendent of schools, the State Board of
3Education shall require by rule such reporting requirements as
4it deems necessary.
5    As used in this Section, "laboratory school" means a public
6school which is created and operated by a public university and
7approved by the State Board of Education. The governing board
8of a public university which receives funds from the State
9Board under this subsection (K) may not increase the number of
10students enrolled in its laboratory school from a single
11district, if that district is already sending 50 or more
12students, except under a mutual agreement between the school
13board of a student's district of residence and the university
14which operates the laboratory school. A laboratory school may
15not have more than 1,000 students, excluding students with
16disabilities in a special education program.
17    As used in this Section, "alternative school" means a
18public school which is created and operated by a Regional
19Superintendent of Schools and approved by the State Board of
20Education. Such alternative schools may offer courses of
21instruction for which credit is given in regular school
22programs, courses to prepare students for the high school
23equivalency testing program or vocational and occupational
24training. A regional superintendent of schools may contract
25with a school district or a public community college district
26to operate an alternative school. An alternative school serving

 

 

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1more than one educational service region may be established by
2the regional superintendents of schools of the affected
3educational service regions. An alternative school serving
4more than one educational service region may be operated under
5such terms as the regional superintendents of schools of those
6educational service regions may agree.
7    Each laboratory and alternative school shall file, on forms
8provided by the State Superintendent of Education, an annual
9State aid claim which states the Average Daily Attendance of
10the school's students by month. The best 3 months' Average
11Daily Attendance shall be computed for each school. The general
12State aid entitlement shall be computed by multiplying the
13applicable Average Daily Attendance by the Foundation Level as
14determined under this Section.
 
15(L) Payments, Additional Grants in Aid and Other Requirements.
16    (1) For a school district operating under the financial
17supervision of an Authority created under Article 34A, the
18general State aid otherwise payable to that district under this
19Section, but not the supplemental general State aid, shall be
20reduced by an amount equal to the budget for the operations of
21the Authority as certified by the Authority to the State Board
22of Education, and an amount equal to such reduction shall be
23paid to the Authority created for such district for its
24operating expenses in the manner provided in Section 18-11. The
25remainder of general State school aid for any such district

 

 

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1shall be paid in accordance with Article 34A when that Article
2provides for a disposition other than that provided by this
3Article.
4    (2) (Blank).
5    (3) Summer school. Summer school payments shall be made as
6provided in Section 18-4.3.
 
7(M) Education Funding Advisory Board.
8    The Education Funding Advisory Board, hereinafter in this
9subsection (M) referred to as the "Board", is hereby created.
10The Board shall consist of 5 members who are appointed by the
11Governor, by and with the advice and consent of the Senate. The
12members appointed shall include representatives of education,
13business, and the general public. One of the members so
14appointed shall be designated by the Governor at the time the
15appointment is made as the chairperson of the Board. The
16initial members of the Board may be appointed any time after
17the effective date of this amendatory Act of 1997. The regular
18term of each member of the Board shall be for 4 years from the
19third Monday of January of the year in which the term of the
20member's appointment is to commence, except that of the 5
21initial members appointed to serve on the Board, the member who
22is appointed as the chairperson shall serve for a term that
23commences on the date of his or her appointment and expires on
24the third Monday of January, 2002, and the remaining 4 members,
25by lots drawn at the first meeting of the Board that is held

 

 

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1after all 5 members are appointed, shall determine 2 of their
2number to serve for terms that commence on the date of their
3respective appointments and expire on the third Monday of
4January, 2001, and 2 of their number to serve for terms that
5commence on the date of their respective appointments and
6expire on the third Monday of January, 2000. All members
7appointed to serve on the Board shall serve until their
8respective successors are appointed and confirmed. Vacancies
9shall be filled in the same manner as original appointments. If
10a vacancy in membership occurs at a time when the Senate is not
11in session, the Governor shall make a temporary appointment
12until the next meeting of the Senate, when he or she shall
13appoint, by and with the advice and consent of the Senate, a
14person to fill that membership for the unexpired term. If the
15Senate is not in session when the initial appointments are
16made, those appointments shall be made as in the case of
17vacancies.
18    The Education Funding Advisory Board shall be deemed
19established, and the initial members appointed by the Governor
20to serve as members of the Board shall take office, on the date
21that the Governor makes his or her appointment of the fifth
22initial member of the Board, whether those initial members are
23then serving pursuant to appointment and confirmation or
24pursuant to temporary appointments that are made by the
25Governor as in the case of vacancies.
26    The State Board of Education shall provide such staff

 

 

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1assistance to the Education Funding Advisory Board as is
2reasonably required for the proper performance by the Board of
3its responsibilities.
4    For school years after the 2000-2001 school year, the
5Education Funding Advisory Board, in consultation with the
6State Board of Education, shall make recommendations as
7provided in this subsection (M) to the General Assembly for the
8foundation level under subdivision (B)(3) of this Section and
9for the supplemental general State aid grant level under
10subsection (H) of this Section for districts with high
11concentrations of children from poverty. The recommended
12foundation level shall be determined based on a methodology
13which incorporates the basic education expenditures of
14low-spending schools exhibiting high academic performance. The
15Education Funding Advisory Board shall make such
16recommendations to the General Assembly on January 1 of odd
17numbered years, beginning January 1, 2001.
 
18(N) (Blank).
 
19(O) References.
20    (1) References in other laws to the various subdivisions of
21Section 18-8 as that Section existed before its repeal and
22replacement by this Section 18-8.05 shall be deemed to refer to
23the corresponding provisions of this Section 18-8.05, to the
24extent that those references remain applicable.

 

 

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1    (2) References in other laws to State Chapter 1 funds shall
2be deemed to refer to the supplemental general State aid
3provided under subsection (H) of this Section.
 
4(P) Public Act 93-838 and Public Act 93-808 make inconsistent
5changes to this Section. Under Section 6 of the Statute on
6Statutes there is an irreconcilable conflict between Public Act
793-808 and Public Act 93-838. Public Act 93-838, being the last
8acted upon, is controlling. The text of Public Act 93-838 is
9the law regardless of the text of Public Act 93-808.
 
10(Q) State Fiscal Year 2015 Payments.
11    For payments made for State fiscal year 2015, the State
12Board of Education shall, for each school district, calculate
13that district's pro-rata share of a minimum sum of $13,600,000
14or additional amounts as needed from the total net General
15State Aid funding as calculated under this Section that shall
16be deemed attributable to the provision of special educational
17facilities and services, as defined in Section 14-1.08 of this
18Code, in a manner that ensures compliance with maintenance of
19State financial support requirements under the federal
20Individuals with Disabilities Education Act. Each school
21district must use such funds only for the provision of special
22educational facilities and services, as defined in Section
2314-1.08 of this Code, and must comply with any expenditure
24verification procedures adopted by the State Board of

 

 

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1Education.
2(Source: P.A. 97-339, eff. 8-12-11; 97-351, eff. 8-12-11;
397-742, eff. 6-30-13; 97-813, eff. 7-13-12; 98-972, eff.
48-15-14.)
 
5    Section 25. The Illinois Public Aid Code is amended by
6adding Section 5-5b.1 and by changing Sections 5-5e, 5A-2,
75A-10, and 14-12 as follows:
 
8    (305 ILCS 5/5-5b.1 new)
9    Sec. 5-5b.1. Reimbursement rates; Fiscal Year 2015
10reductions.
11    (a) Except as provided in subsection (b), notwithstanding
12any other provision of this Code to the contrary, and subject
13to rescission if not federally approved, providers of the
14following services shall have their reimbursement rates or
15dispensing fees reduced for the remainder of State fiscal year
162015 by an amount equivalent to a 2.25% reduction in
17appropriations from the General Revenue Fund for the medical
18assistance program for the full fiscal year:
19        (1) Nursing facility services delivered by a nursing
20    facility licensed under the Nursing Home Care Act.
21        (2) Home health services.
22        (3) Services delivered by a facility designated as a
23    Children's Habilitation Center.
24        (4) Services delivered by a supportive living facility

 

 

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1    as defined in Section 5-5.01a.
2        (5) Services delivered by a specialized mental health
3    rehabilitation facility licensed under the Specialized
4    Mental Health Rehabilitation Act of 2013.
5        (6) Ambulance services.
6        (7) Pharmacy services.
7        (8) Services delivered by a federally qualified health
8    center as defined in Section 1905 (l)(2)(B) of the federal
9    Social Security Act.
10        (9) Services delivered by a Managed Care Entity, with
11    the exception of the rate paid to Managed Care Entities for
12    services attributed to hospitals.
13        (10) Services for the treatment of hemophilia.
14        (11) Primary care physician services.
15        (12) Dental services.
16        (13) Optometric services.
17        (14) Podiatry services.
18        (15) Hospice care, including routine home care,
19    continuous home care, inpatient respite care, and general
20    inpatient care.
21        (16) Laboratory services or services provided by
22    independent laboratories.
23        (17) Durable medical equipment and supplies.
24        (18) Renal dialysis services.
25        (19) Birth Center Services.
26        (20) Emergency services other than those offered by or

 

 

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1    in a hospital.
2    (b) No provider shall be exempt from the rate reductions
3authorized under this Section, except that, rates or payments,
4or the portion thereof, paid to a provider that is operated by
5a unit of local government that provides the non-federal share
6of such services shall not be reduced as provided in this
7Section.
8    (c) To the extent practical and subject to rescission if
9not federally approved, the reductions required under this
10Section must be applied uniformly among and within each group,
11class, subgroup, or category of providers listed in this
12Section.
13    (d) In order to provide for the expeditious and timely
14implementation of the provisions of this Section, emergency
15rules to implement any provision of this Section may be adopted
16by the Department in accordance with subsection (s) of Section
175-45 of the Illinois Administrative Procedure Act.
 
18    (305 ILCS 5/5-5e)
19    (Text of Section before amendment by P.A. 98-1166)
20    Sec. 5-5e. Adjusted rates of reimbursement.
21    (a) Rates or payments for services in effect on June 30,
222012 shall be adjusted and services shall be affected as
23required by any other provision of this amendatory Act of the
2497th General Assembly. In addition, the Department shall do the
25following:

 

 

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1        (1) Delink the per diem rate paid for supportive living
2    facility services from the per diem rate paid for nursing
3    facility services, effective for services provided on or
4    after May 1, 2011.
5        (2) Cease payment for bed reserves in nursing
6    facilities and specialized mental health rehabilitation
7    facilities.
8        (2.5) Cease payment for bed reserves for purposes of
9    inpatient hospitalizations to intermediate care facilities
10    for persons with development disabilities, except in the
11    instance of residents who are under 21 years of age.
12        (3) Cease payment of the $10 per day add-on payment to
13    nursing facilities for certain residents with
14    developmental disabilities.
15    (b) After the application of subsection (a),
16notwithstanding any other provision of this Code to the
17contrary and to the extent permitted by federal law, on and
18after July 1, 2012, the rates of reimbursement for services and
19other payments provided under this Code shall further be
20reduced as follows:
21        (1) Rates or payments for physician services, dental
22    services, or community health center services reimbursed
23    through an encounter rate, and services provided under the
24    Medicaid Rehabilitation Option of the Illinois Title XIX
25    State Plan shall not be further reduced, except as provided
26    in Section 5-5b.1.

 

 

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1        (2) Rates or payments, or the portion thereof, paid to
2    a provider that is operated by a unit of local government
3    or State University that provides the non-federal share of
4    such services shall not be further reduced, except as
5    provided in Section 5-5b.1.
6        (3) Rates or payments for hospital services delivered
7    by a hospital defined as a Safety-Net Hospital under
8    Section 5-5e.1 of this Code shall not be further reduced,
9    except as provided in Section 5-5b.1.
10        (4) Rates or payments for hospital services delivered
11    by a Critical Access Hospital, which is an Illinois
12    hospital designated as a critical care hospital by the
13    Department of Public Health in accordance with 42 CFR 485,
14    Subpart F, shall not be further reduced, except as provided
15    in Section 5-5b.1.
16        (5) Rates or payments for Nursing Facility Services
17    shall only be further adjusted pursuant to Section 5-5.2 of
18    this Code.
19        (6) Rates or payments for services delivered by long
20    term care facilities licensed under the ID/DD Community
21    Care Act and developmental training services shall not be
22    further reduced.
23        (7) Rates or payments for services provided under
24    capitation rates shall be adjusted taking into
25    consideration the rates reduction and covered services
26    required by this amendatory Act of the 97th General

 

 

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1    Assembly.
2        (8) For hospitals not previously described in this
3    subsection, the rates or payments for hospital services
4    shall be further reduced by 3.5%, except for payments
5    authorized under Section 5A-12.4 of this Code.
6        (9) For all other rates or payments for services
7    delivered by providers not specifically referenced in
8    paragraphs (1) through (8), rates or payments shall be
9    further reduced by 2.7%.
10    (c) Any assessment imposed by this Code shall continue and
11nothing in this Section shall be construed to cause it to
12cease.
13    (d) Notwithstanding any other provision of this Code to the
14contrary, subject to federal approval under Title XIX of the
15Social Security Act, for dates of service on and after July 1,
162014, rates or payments for services provided for the purpose
17of transitioning children from a hospital to home placement or
18other appropriate setting by a children's community-based
19health care center authorized under the Alternative Health Care
20Delivery Act shall be $683 per day.
21    (e) Notwithstanding any other provision of this Code to the
22contrary, subject to federal approval under Title XIX of the
23Social Security Act, for dates of service on and after July 1,
242014, rates or payments for home health visits shall be $72.
25    (f) Notwithstanding any other provision of this Code to the
26contrary, subject to federal approval under Title XIX of the

 

 

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1Social Security Act, for dates of service on and after July 1,
22014, rates or payments for the certified nursing assistant
3component of the home health agency rate shall be $20.
4(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13;
598-651, eff. 6-16-14.)
 
6    (Text of Section after amendment by P.A. 98-1166)
7    Sec. 5-5e. Adjusted rates of reimbursement.
8    (a) Rates or payments for services in effect on June 30,
92012 shall be adjusted and services shall be affected as
10required by any other provision of this amendatory Act of the
1197th General Assembly. In addition, the Department shall do the
12following:
13        (1) Delink the per diem rate paid for supportive living
14    facility services from the per diem rate paid for nursing
15    facility services, effective for services provided on or
16    after May 1, 2011.
17        (2) Cease payment for bed reserves in nursing
18    facilities and specialized mental health rehabilitation
19    facilities; for purposes of therapeutic home visits for
20    individuals scoring as TBI on the MDS 3.0, beginning June
21    1, 2015, the Department shall approve payments for bed
22    reserves in nursing facilities and specialized mental
23    health rehabilitation facilities that have at least a 90%
24    occupancy level and at least 80% of their residents are
25    Medicaid eligible. Payment shall be at a daily rate of 75%

 

 

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1    of an individual's current Medicaid per diem and shall not
2    exceed 10 days in a calendar month.
3        (2.5) Cease payment for bed reserves for purposes of
4    inpatient hospitalizations to intermediate care facilities
5    for persons with development disabilities, except in the
6    instance of residents who are under 21 years of age.
7        (3) Cease payment of the $10 per day add-on payment to
8    nursing facilities for certain residents with
9    developmental disabilities.
10    (b) After the application of subsection (a),
11notwithstanding any other provision of this Code to the
12contrary and to the extent permitted by federal law, on and
13after July 1, 2012, the rates of reimbursement for services and
14other payments provided under this Code shall further be
15reduced as follows:
16        (1) Rates or payments for physician services, dental
17    services, or community health center services reimbursed
18    through an encounter rate, and services provided under the
19    Medicaid Rehabilitation Option of the Illinois Title XIX
20    State Plan shall not be further reduced, except as provided
21    in Section 5-5b.1.
22        (2) Rates or payments, or the portion thereof, paid to
23    a provider that is operated by a unit of local government
24    or State University that provides the non-federal share of
25    such services shall not be further reduced, except as
26    provided in Section 5-5b.1.

 

 

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1        (3) Rates or payments for hospital services delivered
2    by a hospital defined as a Safety-Net Hospital under
3    Section 5-5e.1 of this Code shall not be further reduced,
4    except as provided in Section 5-5b.1.
5        (4) Rates or payments for hospital services delivered
6    by a Critical Access Hospital, which is an Illinois
7    hospital designated as a critical care hospital by the
8    Department of Public Health in accordance with 42 CFR 485,
9    Subpart F, shall not be further reduced, except as provided
10    in Section 5-5b.1.
11        (5) Rates or payments for Nursing Facility Services
12    shall only be further adjusted pursuant to Section 5-5.2 of
13    this Code.
14        (6) Rates or payments for services delivered by long
15    term care facilities licensed under the ID/DD Community
16    Care Act and developmental training services shall not be
17    further reduced.
18        (7) Rates or payments for services provided under
19    capitation rates shall be adjusted taking into
20    consideration the rates reduction and covered services
21    required by this amendatory Act of the 97th General
22    Assembly.
23        (8) For hospitals not previously described in this
24    subsection, the rates or payments for hospital services
25    shall be further reduced by 3.5%, except for payments
26    authorized under Section 5A-12.4 of this Code.

 

 

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1        (9) For all other rates or payments for services
2    delivered by providers not specifically referenced in
3    paragraphs (1) through (8), rates or payments shall be
4    further reduced by 2.7%.
5    (c) Any assessment imposed by this Code shall continue and
6nothing in this Section shall be construed to cause it to
7cease.
8    (d) Notwithstanding any other provision of this Code to the
9contrary, subject to federal approval under Title XIX of the
10Social Security Act, for dates of service on and after July 1,
112014, rates or payments for services provided for the purpose
12of transitioning children from a hospital to home placement or
13other appropriate setting by a children's community-based
14health care center authorized under the Alternative Health Care
15Delivery Act shall be $683 per day.
16    (e) Notwithstanding any other provision of this Code to the
17contrary, subject to federal approval under Title XIX of the
18Social Security Act, for dates of service on and after July 1,
192014, rates or payments for home health visits shall be $72.
20    (f) Notwithstanding any other provision of this Code to the
21contrary, subject to federal approval under Title XIX of the
22Social Security Act, for dates of service on and after July 1,
232014, rates or payments for the certified nursing assistant
24component of the home health agency rate shall be $20.
25(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13;
2698-651, eff. 6-16-14; 98-1166, eff. 6-1-15.)
 

 

 

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1    (305 ILCS 5/5A-2)  (from Ch. 23, par. 5A-2)
2    (Section scheduled to be repealed on July 1, 2018)
3    Sec. 5A-2. Assessment.
4    (a) Subject to Sections 5A-3 and 5A-10, for State fiscal
5years 2009 through 2018, an annual assessment on inpatient
6services is imposed on each hospital provider in an amount
7equal to $218.38 multiplied by the difference of the hospital's
8occupied bed days less the hospital's Medicare bed days,
9provided, however, that the amount of $218.38 shall be
10increased by a uniform percentage to generate an amount equal
11to 75% of the State share of the payments authorized under
12Section 12-5, with such increase only taking effect upon the
13date that a State share for such payments is required under
14federal law. For the period of April through June 2015, the
15amount of $218.38 used to calculate the assessment under this
16paragraph shall, by emergency rule under subsection (s) of
17Section 5-45 of the Illinois Administrative Procedure Act, be
18increased by a uniform percentage to generate $20,250,000 in
19the aggregate for that period from all hospitals subject to the
20annual assessment under this paragraph.
21    For State fiscal years 2009 through 2014 and after, a
22hospital's occupied bed days and Medicare bed days shall be
23determined using the most recent data available from each
24hospital's 2005 Medicare cost report as contained in the
25Healthcare Cost Report Information System file, for the quarter

 

 

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1ending on December 31, 2006, without regard to any subsequent
2adjustments or changes to such data. If a hospital's 2005
3Medicare cost report is not contained in the Healthcare Cost
4Report Information System, then the Illinois Department may
5obtain the hospital provider's occupied bed days and Medicare
6bed days from any source available, including, but not limited
7to, records maintained by the hospital provider, which may be
8inspected at all times during business hours of the day by the
9Illinois Department or its duly authorized agents and
10employees.
11    (b) (Blank).
12    (b-5) Subject to Sections 5A-3 and 5A-10, for the portion
13of State fiscal year 2012, beginning June 10, 2012 through June
1430, 2012, and for State fiscal years 2013 through 2018, an
15annual assessment on outpatient services is imposed on each
16hospital provider in an amount equal to .008766 multiplied by
17the hospital's outpatient gross revenue, provided, however,
18that the amount of .008766 shall be increased by a uniform
19percentage to generate an amount equal to 25% of the State
20share of the payments authorized under Section 12-5, with such
21increase only taking effect upon the date that a State share
22for such payments is required under federal law. For the period
23beginning June 10, 2012 through June 30, 2012, the annual
24assessment on outpatient services shall be prorated by
25multiplying the assessment amount by a fraction, the numerator
26of which is 21 days and the denominator of which is 365 days.

 

 

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1For the period of April through June 2015, the amount of
2.008766 used to calculate the assessment under this paragraph
3shall, by emergency rule under subsection (s) of Section 5-45
4of the Illinois Administrative Procedure Act, be increased by a
5uniform percentage to generate $6,750,000 in the aggregate for
6that period from all hospitals subject to the annual assessment
7under this paragraph.
8    For the portion of State fiscal year 2012, beginning June
910, 2012 through June 30, 2012, and State fiscal years 2013
10through 2018, a hospital's outpatient gross revenue shall be
11determined using the most recent data available from each
12hospital's 2009 Medicare cost report as contained in the
13Healthcare Cost Report Information System file, for the quarter
14ending on June 30, 2011, without regard to any subsequent
15adjustments or changes to such data. If a hospital's 2009
16Medicare cost report is not contained in the Healthcare Cost
17Report Information System, then the Department may obtain the
18hospital provider's outpatient gross revenue from any source
19available, including, but not limited to, records maintained by
20the hospital provider, which may be inspected at all times
21during business hours of the day by the Department or its duly
22authorized agents and employees.
23    (c) (Blank).
24    (d) Notwithstanding any of the other provisions of this
25Section, the Department is authorized to adopt rules to reduce
26the rate of any annual assessment imposed under this Section,

 

 

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1as authorized by Section 5-46.2 of the Illinois Administrative
2Procedure Act.
3    (e) Notwithstanding any other provision of this Section,
4any plan providing for an assessment on a hospital provider as
5a permissible tax under Title XIX of the federal Social
6Security Act and Medicaid-eligible payments to hospital
7providers from the revenues derived from that assessment shall
8be reviewed by the Illinois Department of Healthcare and Family
9Services, as the Single State Medicaid Agency required by
10federal law, to determine whether those assessments and
11hospital provider payments meet federal Medicaid standards. If
12the Department determines that the elements of the plan may
13meet federal Medicaid standards and a related State Medicaid
14Plan Amendment is prepared in a manner and form suitable for
15submission, that State Plan Amendment shall be submitted in a
16timely manner for review by the Centers for Medicare and
17Medicaid Services of the United States Department of Health and
18Human Services and subject to approval by the Centers for
19Medicare and Medicaid Services of the United States Department
20of Health and Human Services. No such plan shall become
21effective without approval by the Illinois General Assembly by
22the enactment into law of related legislation. Notwithstanding
23any other provision of this Section, the Department is
24authorized to adopt rules to reduce the rate of any annual
25assessment imposed under this Section. Any such rules may be
26adopted by the Department under Section 5-50 of the Illinois

 

 

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1Administrative Procedure Act.
2(Source: P.A. 97-688, eff. 6-14-12; 97-689, eff. 6-14-12;
398-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
 
4    (305 ILCS 5/5A-10)  (from Ch. 23, par. 5A-10)
5    Sec. 5A-10. Applicability.
6    (a) The assessment imposed by subsection (a) of Section
75A-2 shall cease to be imposed and the Department's obligation
8to make payments shall immediately cease, and any moneys
9remaining in the Fund shall be refunded to hospital providers
10in proportion to the amounts paid by them, if:
11        (1) The payments to hospitals required under this
12    Article are not eligible for federal matching funds under
13    Title XIX or XXI of the Social Security Act;
14        (2) For State fiscal years 2009 through 2018, the
15    Department of Healthcare and Family Services adopts any
16    administrative rule change to reduce payment rates or
17    alters any payment methodology that reduces any payment
18    rates made to operating hospitals under the approved Title
19    XIX or Title XXI State plan in effect January 1, 2008
20    except for:
21            (A) any changes for hospitals described in
22        subsection (b) of Section 5A-3;
23            (B) any rates for payments made under this Article
24        V-A;
25            (C) any changes proposed in State plan amendment

 

 

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1        transmittal numbers 08-01, 08-02, 08-04, 08-06, and
2        08-07;
3            (D) in relation to any admissions on or after
4        January 1, 2011, a modification in the methodology for
5        calculating outlier payments to hospitals for
6        exceptionally costly stays, for hospitals reimbursed
7        under the diagnosis-related grouping methodology in
8        effect on July 1, 2011; provided that the Department
9        shall be limited to one such modification during the
10        36-month period after the effective date of this
11        amendatory Act of the 96th General Assembly;
12            (E) any changes affecting hospitals authorized by
13        Public Act 97-689; or
14            (F) any changes authorized by Section 14-12 of this
15        Code, or for any changes authorized under Section 5A-15
16        of this Code; or .
17            (G) any changes authorized under Section 5-5b.1.
18    (b) The assessment imposed by Section 5A-2 shall not take
19effect or shall cease to be imposed, and the Department's
20obligation to make payments shall immediately cease, if the
21assessment is determined to be an impermissible tax under Title
22XIX of the Social Security Act. Moneys in the Hospital Provider
23Fund derived from assessments imposed prior thereto shall be
24disbursed in accordance with Section 5A-8 to the extent federal
25financial participation is not reduced due to the
26impermissibility of the assessments, and any remaining moneys

 

 

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1shall be refunded to hospital providers in proportion to the
2amounts paid by them.
3    (c) The assessments imposed by subsection (b-5) of Section
45A-2 shall not take effect or shall cease to be imposed, the
5Department's obligation to make payments shall immediately
6cease, and any moneys remaining in the Fund shall be refunded
7to hospital providers in proportion to the amounts paid by
8them, if the payments to hospitals required under Section
95A-12.4 are not eligible for federal matching funds under Title
10XIX of the Social Security Act.
11    (d) The assessments imposed by Section 5A-2 shall not take
12effect or shall cease to be imposed, the Department's
13obligation to make payments shall immediately cease, and any
14moneys remaining in the Fund shall be refunded to hospital
15providers in proportion to the amounts paid by them, if:
16        (1) for State fiscal years 2013 through 2018, the
17    Department reduces any payment rates to hospitals as in
18    effect on May 1, 2012, or alters any payment methodology as
19    in effect on May 1, 2012, that has the effect of reducing
20    payment rates to hospitals, except for any changes
21    affecting hospitals authorized in Public Act 97-689 and any
22    changes authorized by Section 14-12 of this Code, and
23    except for any changes authorized under Section 5A-15, and
24    except for any changes authorized under Section 5-5b.1;
25        (2) for State fiscal years 2013 through 2018, the
26    Department reduces any supplemental payments made to

 

 

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1    hospitals below the amounts paid for services provided in
2    State fiscal year 2011 as implemented by administrative
3    rules adopted and in effect on or prior to June 30, 2011,
4    except for any changes affecting hospitals authorized in
5    Public Act 97-689 and any changes authorized by Section
6    14-12 of this Code, and except for any changes authorized
7    under Section 5A-15, and except for any changes authorized
8    under Section 5-5b.1; or
9        (3) for State fiscal years 2015 through 2018, the
10    Department reduces the overall effective rate of
11    reimbursement to hospitals below the level authorized
12    under Section 14-12 of this Code, except for any changes
13    under Section 14-12 or Section 5A-15 of this Code, and
14    except for any changes authorized under Section 5-5b.1.
15(Source: P.A. 97-72, eff. 7-1-11; 97-74, eff. 6-30-11; 97-688,
16eff. 6-14-12; 97-689, eff. 6-14-12; 98-463, eff. 8-16-13;
1798-651, eff. 6-16-14.)
 
18    (305 ILCS 5/14-12)
19    Sec. 14-12. Hospital rate reform payment system. The
20hospital payment system pursuant to Section 14-11 of this
21Article shall be as follows:
22    (a) Inpatient hospital services. Effective for discharges
23on and after July 1, 2014, reimbursement for inpatient general
24acute care services shall utilize the All Patient Refined
25Diagnosis Related Grouping (APR-DRG) software, version 30,

 

 

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1distributed by 3MTM Health Information System.
2        (1) The Department shall establish Medicaid weighting
3    factors to be used in the reimbursement system established
4    under this subsection. Initial weighting factors shall be
5    the weighting factors as published by 3M Health Information
6    System, associated with Version 30.0 adjusted for the
7    Illinois experience.
8        (2) The Department shall establish a
9    statewide-standardized amount to be used in the inpatient
10    reimbursement system. The Department shall publish these
11    amounts on its website no later than 10 calendar days prior
12    to their effective date.
13        (3) In addition to the statewide-standardized amount,
14    the Department shall develop adjusters to adjust the rate
15    of reimbursement for critical Medicaid providers or
16    services for trauma, transplantation services, perinatal
17    care, and Graduate Medical Education (GME).
18        (4) The Department shall develop add-on payments to
19    account for exceptionally costly inpatient stays,
20    consistent with Medicare outlier principles. Outlier fixed
21    loss thresholds may be updated to control for excessive
22    growth in outlier payments no more frequently than on an
23    annual basis, but at least triennially. Upon updating the
24    fixed loss thresholds, the Department shall be required to
25    update base rates within 12 months.
26        (5) The Department shall define those hospitals or

 

 

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1    distinct parts of hospitals that shall be exempt from the
2    APR-DRG reimbursement system established under this
3    Section. The Department shall publish these hospitals'
4    inpatient rates on its website no later than 10 calendar
5    days prior to their effective date.
6        (6) Beginning July 1, 2014 and ending on June 30, 2018,
7    in addition to the statewide-standardized amount, the
8    Department shall develop an adjustor to adjust the rate of
9    reimbursement for safety-net hospitals defined in Section
10    5-5e.1 of this Code excluding pediatric hospitals.
11        (7) Beginning July 1, 2014 and ending on June 30, 2018,
12    in addition to the statewide-standardized amount, the
13    Department shall develop an adjustor to adjust the rate of
14    reimbursement for Illinois freestanding inpatient
15    psychiatric hospitals that are not designated as
16    children's hospitals by the Department but are primarily
17    treating patients under the age of 21.
18    (b) Outpatient hospital services. Effective for dates of
19service on and after July 1, 2014, reimbursement for outpatient
20services shall utilize the Enhanced Ambulatory Procedure
21Grouping (E-APG) software, version 3.7 distributed by 3MTM
22Health Information System.
23        (1) The Department shall establish Medicaid weighting
24    factors to be used in the reimbursement system established
25    under this subsection. The initial weighting factors shall
26    be the weighting factors as published by 3M Health

 

 

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1    Information System, associated with Version 3.7.
2        (2) The Department shall establish service specific
3    statewide-standardized amounts to be used in the
4    reimbursement system.
5            (A) The initial statewide standardized amounts,
6        with the labor portion adjusted by the Calendar Year
7        2013 Medicare Outpatient Prospective Payment System
8        wage index with reclassifications, shall be published
9        by the Department on its website no later than 10
10        calendar days prior to their effective date.
11            (B) The Department shall establish adjustments to
12        the statewide-standardized amounts for each Critical
13        Access Hospital, as designated by the Department of
14        Public Health in accordance with 42 CFR 485, Subpart F.
15        The EAPG standardized amounts are determined
16        separately for each critical access hospital such that
17        simulated EAPG payments using outpatient base period
18        paid claim data plus payments under Section 5A-12.4 of
19        this Code net of the associated tax costs are equal to
20        the estimated costs of outpatient base period claims
21        data with a rate year cost inflation factor applied.
22        (3) In addition to the statewide-standardized amounts,
23    the Department shall develop adjusters to adjust the rate
24    of reimbursement for critical Medicaid hospital outpatient
25    providers or services, including outpatient high volume or
26    safety-net hospitals.

 

 

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1    (c) In consultation with the hospital community, the
2Department is authorized to replace 89 Ill. Admin. Code 152.150
3as published in 38 Ill. Reg. 4980 through 4986 within 12 months
4of the effective date of this amendatory Act of the 98th
5General Assembly. If the Department does not replace these
6rules within 12 months of the effective date of this amendatory
7Act of the 98th General Assembly, the rules in effect for
8152.150 as published in 38 Ill. Reg. 4980 through 4986 shall
9remain in effect until modified by rule by the Department.
10Nothing in this subsection shall be construed to mandate that
11the Department file a replacement rule.
12    (d) Transition period. There shall be a transition period
13to the reimbursement systems authorized under this Section that
14shall begin on the effective date of these systems and continue
15until June 30, 2018, unless extended by rule by the Department.
16To help provide an orderly and predictable transition to the
17new reimbursement systems and to preserve and enhance access to
18the hospital services during this transition, the Department
19shall allocate a transitional hospital access pool of at least
20$290,000,000 annually so that transitional hospital access
21payments are made to hospitals.
22        (1) After the transition period, the Department may
23    begin incorporating the transitional hospital access pool
24    into the base rate structure.
25        (2) After the transition period, if the Department
26    reduces payments from the transitional hospital access

 

 

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1    pool, it shall increase base rates, develop new adjustors,
2    adjust current adjustors, develop new hospital access
3    payments based on updated information, or any combination
4    thereof by an amount equal to the decreases proposed in the
5    transitional hospital access pool payments, ensuring that
6    the entire transitional hospital access pool amount shall
7    continue to be used for hospital payments.
8    (e) Beginning 36 months after initial implementation, the
9Department shall update the reimbursement components in
10subsections (a) and (b), including standardized amounts and
11weighting factors, and at least triennially and no more
12frequently than annually thereafter. The Department shall
13publish these updates on its website no later than 30 calendar
14days prior to their effective date.
15    (f) Continuation of supplemental payments. Any
16supplemental payments authorized under Illinois Administrative
17Code 148 effective January 1, 2014 and that continue during the
18period of July 1, 2014 through December 31, 2014 shall remain
19in effect as long as the assessment imposed by Section 5A-2 is
20in effect.
21    (g) Notwithstanding subsections (a) through (f) of this
22Section and notwithstanding the changes authorized under
23Section 5-5b.1, any updates to the system shall not result in
24any diminishment of the overall effective rates of
25reimbursement as of the implementation date of the new system
26(July 1, 2014). These updates shall not preclude variations in

 

 

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1any individual component of the system or hospital rate
2variations. Nothing in this Section shall prohibit the
3Department from increasing the rates of reimbursement or
4developing payments to ensure access to hospital services.
5Nothing in this Section shall be construed to guarantee a
6minimum amount of spending in the aggregate or per hospital as
7spending may be impacted by factors including but not limited
8to the number of individuals in the medical assistance program
9and the severity of illness of the individuals.
10    (h) The Department shall have the authority to modify by
11rulemaking any changes to the rates or methodologies in this
12Section as required by the federal government to obtain federal
13financial participation for expenditures made under this
14Section.
15    (i) Except for subsections (g) and (h) of this Section, the
16Department shall, pursuant to subsection (c) of Section 5-40 of
17the Illinois Administrative Procedure Act, provide for
18presentation at the June 2014 hearing of the Joint Committee on
19Administrative Rules (JCAR) additional written notice to JCAR
20of the following rules in order to commence the second notice
21period for the following rules: rules published in the Illinois
22Register, rule dated February 21, 2014 at 38 Ill. Reg. 4559
23(Medical Payment), 4628 (Specialized Health Care Delivery
24Systems), 4640 (Hospital Services), 4932 (Diagnostic Related
25Grouping (DRG) Prospective Payment System (PPS)), and 4977
26(Hospital Reimbursement Changes), and published in the

 

 

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1Illinois Register dated March 21, 2014 at 38 Ill. Reg. 6499
2(Specialized Health Care Delivery Systems) and 6505 (Hospital
3Services).
4(Source: P.A. 98-651, eff. 6-16-14.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
 
12    Section 97. Severability. The provisions of this Act are
13severable under Section 1.31 of the Statute on Statutes.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law; but this Act does not take effect at all unless
16House Bill 317 of the 99th General Assembly becomes law.