Sen. Andy Manar
Filed: 5/22/2017
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| 1 | AMENDMENT TO SENATE BILL 42
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 42, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "ARTICLE 1. GENERAL PROVISIONS | ||||||
| 6 | Section 1-1. Short title. This Act may be cited as the | ||||||
| 7 | FY2018 Budget Implementation Act.
| ||||||
| 8 | Section 1-5. Purpose. It is the purpose of this Act to make | ||||||
| 9 | changes in State programs that are necessary to implement the | ||||||
| 10 | budget recommendations for Fiscal Year 2018.
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| 11 | Section 1-10. Designation of reserves. | ||||||
| 12 | (a) For the purposes of implementing the budget | ||||||
| 13 | recommendations for fiscal year 2018 and balancing the State's | ||||||
| 14 | budget in State fiscal year 2018 only, the Governor may | ||||||
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| 1 | designate, by written notice to the Comptroller, a reserve of | ||||||
| 2 | not more than 5% from the amounts appropriated from funds held | ||||||
| 3 | by the Treasurer for State fiscal year 2018 to any State | ||||||
| 4 | agency. However, the Governor may not designate amounts to be | ||||||
| 5 | set aside as a reserve from amounts that (i) have been | ||||||
| 6 | appropriated for payment of debt service, (ii) have been | ||||||
| 7 | appropriated under a statutory continuing appropriation, (iii) | ||||||
| 8 | are State general funds, (iv) are in the Supplemental | ||||||
| 9 | Low-Income Energy Assistance Fund, or (v) are funds received | ||||||
| 10 | from federal sources.
| ||||||
| 11 | (b) If the Governor designates amounts to be set aside as a | ||||||
| 12 | reserve, the Governor shall give notice of the designation to | ||||||
| 13 | the Auditor General, the State Treasurer, the State | ||||||
| 14 | Comptroller, the Senate, and the House of Representatives. | ||||||
| 15 | (c) As used in this Section: | ||||||
| 16 | "State agency" means all boards, commissions, agencies, | ||||||
| 17 | institutions, authorities, colleges, universities, and bodies | ||||||
| 18 | politic and corporate of the State, but not other | ||||||
| 19 | constitutional officers, the legislative or judicial branch, | ||||||
| 20 | the office of the Executive Inspector General, or the Executive | ||||||
| 21 | Ethics Commission. | ||||||
| 22 | "State general funds" has the meaning provided in Section | ||||||
| 23 | 50-40 of the State Budget Law.
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| 24 | ARTICLE 5. AMENDATORY PROVISIONS | ||||||
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| 1 | Section 5-3. The State Budget Law of the Civil | ||||||
| 2 | Administrative Code of Illinois is amended by adding Section | ||||||
| 3 | 50-40 as follows:
| ||||||
| 4 | (15 ILCS 20/50-40 new) | ||||||
| 5 | Sec. 50-40. General funds defined. "General funds" or | ||||||
| 6 | "State general funds" means the General Revenue Fund, the | ||||||
| 7 | Common School Fund, the General Revenue Common School Special | ||||||
| 8 | Account Fund, the Education Assistance Fund, the Fund for the | ||||||
| 9 | Advancement of Education, the Commitment to Human Services | ||||||
| 10 | Fund, and the Budget Stabilization Fund.
| ||||||
| 11 | Section 5-4. The Mental Health and Developmental | ||||||
| 12 | Disabilities Administrative Act is amended by adding Section 74 | ||||||
| 13 | as follows:
| ||||||
| 14 | (20 ILCS 1705/74 new) | ||||||
| 15 | Sec. 74. Rates and reimbursements. On or before July 1, | ||||||
| 16 | 2018, the Department shall increase rates and reimbursements to | ||||||
| 17 | fund a minimum of a $0.50 per hour wage increase for front-line | ||||||
| 18 | personnel, including, but not limited to, direct support | ||||||
| 19 | persons, aides, front-line supervisors, qualified intellectual | ||||||
| 20 | disabilities professionals, nurses, and non-administrative | ||||||
| 21 | support staff working in community-based provider | ||||||
| 22 | organizations serving individuals with developmental | ||||||
| 23 | disabilities.
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| 1 | Section 5-5. The Military Code of Illinois is amended by | ||||||
| 2 | changing Section 22-3 as follows:
| ||||||
| 3 | (20 ILCS 1805/22-3) (from Ch. 129, par. 220.22-3)
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| 4 | Sec. 22-3.
All monies received from the sale of Illinois | ||||||
| 5 | National Guard
facilities and lands pursuant to authority | ||||||
| 6 | contained in Section 22-2, all monies received from the | ||||||
| 7 | transfer or exchange of any realty under the control of the | ||||||
| 8 | Department pursuant to authority contained in Section 22-5, and | ||||||
| 9 | all funds received from the Federal government under terms of | ||||||
| 10 | the Federal Master Cooperative Agreement related to | ||||||
| 11 | constructing and maintaining real property between the | ||||||
| 12 | Department of Military Affairs and the United States Property | ||||||
| 13 | and Fiscal Officer for Illinois shall
be paid into the State | ||||||
| 14 | Treasury without delay and shall be deposited covered into
a | ||||||
| 15 | special fund to be known as the Illinois National Guard | ||||||
| 16 | Construction
Fund. The monies in this fund shall be used | ||||||
| 17 | exclusively by the Adjutant
General for the purpose of | ||||||
| 18 | acquiring building sites, and constructing new
facilities, | ||||||
| 19 | rehabilitating existing facilities, and making other capital | ||||||
| 20 | improvements. The provisions directing the distributions from | ||||||
| 21 | the Illinois National Guard Construction Fund provided for in | ||||||
| 22 | this Section shall constitute an irrevocable and continuing | ||||||
| 23 | appropriation of all amounts as provided herein. The State | ||||||
| 24 | Treasurer and State Comptroller are hereby authorized and | ||||||
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| 1 | directed to make distributions as provided in this Section. | ||||||
| 2 | Expenditures from this fund shall be subject to appropriation
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| 3 | by the General Assembly and written release by the Governor.
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| 4 | (Source: P.A. 97-764, eff. 7-6-12.)
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| 5 | (20 ILCS 1805/22-6 rep.)
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| 6 | Section 5-10. The Military Code of Illinois is amended by | ||||||
| 7 | repealing Section 22-6.
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| 8 | Section 5-15. The State Finance Act is amended by changing | ||||||
| 9 | Sections 5.857, 6t, 6z-30, 6z-32, 6z-45, 6z-52, 6z-100, 8.3, | ||||||
| 10 | 8.25e, 8g, and 8g-1 as follows:
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| 11 | (30 ILCS 105/5.857) | ||||||
| 12 | (Section scheduled to be repealed on July 1, 2017) | ||||||
| 13 | Sec. 5.857. The Capital Development Board Revolving Fund. | ||||||
| 14 | This Section is repealed July 1, 2018 2017.
| ||||||
| 15 | (Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15; | ||||||
| 16 | 99-523, eff. 6-30-16.)
| ||||||
| 17 | (30 ILCS 105/6t) (from Ch. 127, par. 142t)
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| 18 | Sec. 6t.
The Capital Development Board Contributory Trust | ||||||
| 19 | Fund is
created and there shall be paid into the Capital | ||||||
| 20 | Development Board
Contributory Trust Fund the monies | ||||||
| 21 | contributed by and received from
Public Community College | ||||||
| 22 | Districts, Elementary, Secondary, and Unit
School Districts, | ||||||
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| 1 | and Vocational Education Facilities, provided,
however, no | ||||||
| 2 | monies shall be required from a participating Public
Community | ||||||
| 3 | College District, Elementary, Secondary, or Unit School
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| 4 | District, or Vocational Education Facility more than 30 days | ||||||
| 5 | prior to
anticipated need under the particular contract for the | ||||||
| 6 | Public Community
College District, Elementary, Secondary, or | ||||||
| 7 | Unit School District, or
Vocational Education Facility. No | ||||||
| 8 | monies in any fund in the State
Treasury, nor any funds under | ||||||
| 9 | the control or beneficial control of any
state agency, | ||||||
| 10 | university, college, department, commission, board or any
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| 11 | other unit of state government shall be deposited, paid into, | ||||||
| 12 | or by any
other means caused to be placed into the Capital | ||||||
| 13 | Development Board
Contributory Trust Fund, except for federal | ||||||
| 14 | funds, bid bond forfeitures,
and insurance proceeds as provided | ||||||
| 15 | for below.
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| 16 | Except as provided in Section 22-3 of the Military Code of | ||||||
| 17 | Illinois, there There shall be paid into the Capital | ||||||
| 18 | Development Board Contributory Trust
Fund all federal funds to | ||||||
| 19 | be utilized for the construction of capital projects
under the | ||||||
| 20 | jurisdiction of the Capital Development Board, and all proceeds
| ||||||
| 21 | resulting from such federal funds. All such funds shall be | ||||||
| 22 | remitted to
the Capital Development Board within 10 working | ||||||
| 23 | days of their receipt by
the receiving authority.
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| 24 | There shall also be paid into this Fund all monies | ||||||
| 25 | designated as gifts,
donations or charitable contributions | ||||||
| 26 | which may be contributed by an
individual or entity, whether | ||||||
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| 1 | public or private, for a specific capital
improvement project.
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| 2 | There shall also be paid into this Fund all proceeds from | ||||||
| 3 | bid bond
forfeitures in connection with any project formally | ||||||
| 4 | bid and awarded by the
Capital Development Board.
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| 5 | There shall also be paid into this Fund all builders risk | ||||||
| 6 | insurance policy
proceeds and all other funds recovered from | ||||||
| 7 | contractors, sureties,
architects, material suppliers or other | ||||||
| 8 | persons contracting with the
Capital Development Board for | ||||||
| 9 | capital improvement projects which are
received by way of | ||||||
| 10 | reimbursement for losses resulting from destruction
of or | ||||||
| 11 | damage to capital improvement projects while under | ||||||
| 12 | construction by
the Capital Development Board or received by | ||||||
| 13 | way of settlement agreement or
court order.
| ||||||
| 14 | The monies in the Capital Development Board Contributory | ||||||
| 15 | Trust Fund shall
be expended only for actual contracts let, and | ||||||
| 16 | then only for the specific
project for which funds were | ||||||
| 17 | received in accordance with the judgment of
the Capital | ||||||
| 18 | Development Board, compatible with the duties and obligations
| ||||||
| 19 | of the Capital Development Board in furtherance of the specific | ||||||
| 20 | capital
improvement for which such funds were received. | ||||||
| 21 | Contributions, insured-loss
reimbursements or other funds | ||||||
| 22 | received as damages through settlement or
judgement for damage, | ||||||
| 23 | destruction or loss of capital improvement projects
shall be | ||||||
| 24 | expended for the repair of such projects; or if the projects | ||||||
| 25 | have
been or are being repaired before receipt of the funds, | ||||||
| 26 | the funds may be used
to repair other such capital improvement | ||||||
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| 1 | projects. Any funds not expended
for a project within 36 months | ||||||
| 2 | after the date received
shall be paid into the General | ||||||
| 3 | Obligation
Bond
Retirement and Interest Fund.
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| 4 | Contributions or insured-loss reimbursements not expended | ||||||
| 5 | in furtherance
of the project for which they were received | ||||||
| 6 | within 36 months of the date
received, shall be returned to the | ||||||
| 7 | contributing party. Proceeds from builders
risk insurance | ||||||
| 8 | shall be expended only for the amelioration of damage arising
| ||||||
| 9 | from the incident for which the proceeds were paid to the State | ||||||
| 10 | or the
Capital Development Board Contributory Trust Fund. Any | ||||||
| 11 | residual amounts remaining
after the completion of such | ||||||
| 12 | repairs, renovation, reconstruction or
other work necessary to | ||||||
| 13 | restore the capital improvement project to
acceptable | ||||||
| 14 | condition shall be returned to the proper fund or entity | ||||||
| 15 | financing
or contributing towards the cost of the capital | ||||||
| 16 | improvement project. Such
returns shall be made in amounts | ||||||
| 17 | proportionate to the contributions made
in furtherance of the | ||||||
| 18 | project.
| ||||||
| 19 | Any monies received as a gift, donation or charitable | ||||||
| 20 | contribution for
a specific capital improvement which have not | ||||||
| 21 | been expended in furtherance
of that project shall be returned | ||||||
| 22 | to the contributing party after
completion of the project or if | ||||||
| 23 | the legislature fails to authorize the
capital improvement.
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| 24 | Except as provided in Section 22-3 of the Military Code of | ||||||
| 25 | Illinois, the The unused portion of any federal funds received | ||||||
| 26 | for a capital improvement
project which are not contributed, | ||||||
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| 1 | upon its completion, towards the cost
of the project, shall | ||||||
| 2 | remain in the Capital Development Board Contributory Trust Fund | ||||||
| 3 | and shall be used for capital projects and for no other | ||||||
| 4 | purpose, subject to appropriation and as directed by the | ||||||
| 5 | Capital Development Board.
| ||||||
| 6 | (Source: P.A. 97-792, eff. 1-1-13.)
| ||||||
| 7 | (30 ILCS 105/6z-30) | ||||||
| 8 | Sec. 6z-30. University of Illinois Hospital Services Fund. | ||||||
| 9 | (a) The University of Illinois Hospital Services Fund is | ||||||
| 10 | created as a
special fund in the State Treasury. The following | ||||||
| 11 | moneys shall be deposited
into the Fund: | ||||||
| 12 | (1) As soon as possible after the beginning of fiscal | ||||||
| 13 | year 2010, and in no event later than July 30, the State
| ||||||
| 14 | Comptroller and the State Treasurer shall automatically | ||||||
| 15 | transfer $30,000,000
from the General Revenue Fund to the | ||||||
| 16 | University of Illinois Hospital Services
Fund. | ||||||
| 17 | (1.5) Starting in fiscal year 2011, and continuing | ||||||
| 18 | through fiscal year 2017, as soon as
possible after the | ||||||
| 19 | beginning of each fiscal year, and in no event later than | ||||||
| 20 | July 30, the State Comptroller and the State Treasurer | ||||||
| 21 | shall automatically transfer $45,000,000 from the General | ||||||
| 22 | Revenue Fund to the University of Illinois Hospital | ||||||
| 23 | Services Fund; except that, in fiscal year 2012 only, the | ||||||
| 24 | State Comptroller and the State Treasurer shall transfer | ||||||
| 25 | $90,000,000 from the General Revenue Fund to the University | ||||||
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| 1 | of Illinois Hospital Services Fund under this paragraph, | ||||||
| 2 | and, in fiscal year 2013 only, the State Comptroller and | ||||||
| 3 | the State Treasurer shall transfer no amounts from the | ||||||
| 4 | General Revenue Fund to the University of Illinois Hospital | ||||||
| 5 | Services Fund under this paragraph. | ||||||
| 6 | (1.7) Starting in fiscal year 2018, at the direction of | ||||||
| 7 | and upon notification from the Director of Healthcare and | ||||||
| 8 | Family Services, the State Comptroller shall direct and the | ||||||
| 9 | State Treasurer shall transfer an amount of at least | ||||||
| 10 | $20,000,000 but not exceeding a total of $45,000,000 from | ||||||
| 11 | the General Revenue Fund to the University of Illinois | ||||||
| 12 | Hospital Services Fund in each fiscal year. | ||||||
| 13 | (2) All intergovernmental transfer payments to the | ||||||
| 14 | Department of Healthcare and Family Services by the | ||||||
| 15 | University of Illinois made pursuant to an
| ||||||
| 16 | intergovernmental agreement under subsection (b) or (c) of | ||||||
| 17 | Section 5A-3 of
the Illinois Public Aid Code. | ||||||
| 18 | (3) All federal matching funds received by the | ||||||
| 19 | Department of Healthcare and Family Services (formerly
| ||||||
| 20 | Illinois Department of
Public Aid) as a result of | ||||||
| 21 | expenditures made by the Department that are
attributable | ||||||
| 22 | to moneys that were deposited in the Fund. | ||||||
| 23 | (4) All other moneys received for the Fund from any
| ||||||
| 24 | other source, including interest earned thereon. | ||||||
| 25 | (b) Moneys in the fund may be used by the Department of | ||||||
| 26 | Healthcare and Family Services,
subject to appropriation and to | ||||||
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| |||||||
| 1 | an interagency agreement between that Department and the Board | ||||||
| 2 | of Trustees of the University of Illinois, to reimburse the | ||||||
| 3 | University of Illinois Hospital for
hospital and pharmacy | ||||||
| 4 | services, to reimburse practitioners who are employed by the | ||||||
| 5 | University of Illinois, to reimburse other health care | ||||||
| 6 | facilities and health plans operated by the University of | ||||||
| 7 | Illinois, and to pass through to the University of Illinois | ||||||
| 8 | federal financial participation earned by the State as a result | ||||||
| 9 | of expenditures made by the University of Illinois. | ||||||
| 10 | (c) (Blank). | ||||||
| 11 | (Source: P.A. 97-732, eff. 6-30-12; 98-651, eff. 6-16-14.)
| ||||||
| 12 | (30 ILCS 105/6z-32)
| ||||||
| 13 | Sec. 6z-32. Partners for Planning and Conservation.
| ||||||
| 14 | (a) The Partners for Conservation Fund (formerly known as | ||||||
| 15 | the Conservation 2000 Fund) and the Partners for
Conservation | ||||||
| 16 | Projects Fund (formerly known as the Conservation 2000 Projects | ||||||
| 17 | Fund) are
created as special funds in the State Treasury. These | ||||||
| 18 | funds
shall be used to establish a comprehensive program to | ||||||
| 19 | protect Illinois' natural
resources through cooperative | ||||||
| 20 | partnerships between State government and public
and private | ||||||
| 21 | landowners. Moneys in these Funds may be
used, subject to | ||||||
| 22 | appropriation, by the Department of Natural Resources, | ||||||
| 23 | Environmental Protection Agency, and the
Department of | ||||||
| 24 | Agriculture for purposes relating to natural resource | ||||||
| 25 | protection,
planning, recreation, tourism, and compatible | ||||||
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| |||||||
| 1 | agricultural and economic development
activities. Without | ||||||
| 2 | limiting these general purposes, moneys in these Funds may
be | ||||||
| 3 | used, subject to appropriation, for the following specific | ||||||
| 4 | purposes:
| ||||||
| 5 | (1) To foster sustainable agriculture practices and | ||||||
| 6 | control soil erosion
and sedimentation, including grants | ||||||
| 7 | to Soil and Water Conservation Districts
for conservation | ||||||
| 8 | practice cost-share grants and for personnel, educational, | ||||||
| 9 | and
administrative expenses.
| ||||||
| 10 | (2) To establish and protect a system of ecosystems in | ||||||
| 11 | public and private
ownership through conservation | ||||||
| 12 | easements, incentives to public and private
landowners, | ||||||
| 13 | natural resource restoration and preservation, water | ||||||
| 14 | quality protection and improvement, land use and watershed | ||||||
| 15 | planning, technical assistance and grants, and
land | ||||||
| 16 | acquisition provided these mechanisms are all voluntary on | ||||||
| 17 | the part of the
landowner and do not involve the use of | ||||||
| 18 | eminent domain.
| ||||||
| 19 | (3) To develop a systematic and long-term program to | ||||||
| 20 | effectively measure
and monitor natural resources and | ||||||
| 21 | ecological conditions through investments in
technology | ||||||
| 22 | and involvement of scientific experts.
| ||||||
| 23 | (4) To initiate strategies to enhance, use, and | ||||||
| 24 | maintain Illinois' inland
lakes through education, | ||||||
| 25 | technical assistance, research, and financial
incentives.
| ||||||
| 26 | (5) To partner with private landowners and with units | ||||||
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| 1 | of State, federal, and local government and with | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | not-for-profit organizations in order to integrate State | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | and federal programs with Illinois' natural resource | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | protection and restoration efforts and to meet | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | requirements to obtain federal and other funds for | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | conservation or protection of natural resources.
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| 7 | (b) The State Comptroller and State Treasurer shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | automatically transfer
on the last day of each month, beginning | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | on September 30, 1995 and ending on
June 30, 2021,
from the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 10 | General Revenue Fund to the Partners for Conservation
Fund,
an
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 11 | amount equal to 1/10 of the amount set forth below in fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 12 | year 1996 and
an amount equal to 1/12 of the amount set forth | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 13 | below in each of the other
specified fiscal years:
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| 3 | (c) Notwithstanding any other provision of law to the | |||||||||
| 4 | contrary and in addition to any other transfers that may be | |||||||||
| 5 | provided for by law, on the last day of each month beginning on | |||||||||
| 6 | July 31, 2006 and ending on June 30, 2007, or as soon | |||||||||
| 7 | thereafter as may be practical, the State Comptroller shall | |||||||||
| 8 | direct and the State Treasurer shall transfer $1,000,000 from | |||||||||
| 9 | the Open Space Lands Acquisition and Development Fund to the | |||||||||
| 10 | Partners for Conservation Fund (formerly known as the | |||||||||
| 11 | Conservation 2000 Fund).
| |||||||||
| 12 | (d) There shall be deposited into the Partners for
| |||||||||
| 13 | Conservation Projects Fund such
bond proceeds and other moneys | |||||||||
| 14 | as may, from time to time, be provided by law.
| |||||||||
| 15 | (Source: P.A. 97-641, eff. 12-19-11.)
| |||||||||
| 16 | (30 ILCS 105/6z-45)
| |||||||||
| 17 | Sec. 6z-45. The School Infrastructure Fund.
| |||||||||
| 18 | (a) The School Infrastructure Fund is created as a special | |||||||||
| 19 | fund
in the State Treasury.
| |||||||||
| 20 | In addition to any other deposits authorized by law, | |||||||||
| 21 | beginning January
1, 2000, on the first day of each month, or | |||||||||
| 22 | as soon thereafter as may be
practical, the State Treasurer and | |||||||||
| 23 | State Comptroller shall transfer the sum of
$5,000,000 from the | |||||||||
| 24 | General Revenue Fund to the School Infrastructure Fund, except | |||||||||
| 25 | that, notwithstanding any other provision of law, and in | |||||||||
| |||||||
| |||||||
| 1 | addition to any other transfers that may be provided for by | ||||||
| 2 | law, before June 30, 2012, the Comptroller and the Treasurer | ||||||
| 3 | shall transfer $45,000,000 from the General Revenue Fund into | ||||||
| 4 | the School Infrastructure Fund, and, for fiscal year 2013 only, | ||||||
| 5 | the Treasurer and the Comptroller shall transfer $1,250,000 | ||||||
| 6 | from the General Revenue Fund to the School Infrastructure Fund | ||||||
| 7 | on the first day of each month;
provided, however, that no such | ||||||
| 8 | transfers shall be made from July 1, 2001
through June 30, | ||||||
| 9 | 2003.
| ||||||
| 10 | (a-5) Money in the School Infrastructure Fund may be used | ||||||
| 11 | to pay the expenses of the State Board of Education, the | ||||||
| 12 | Governor's Office of Management and Budget, and the Capital | ||||||
| 13 | Development Board in administering programs under the School | ||||||
| 14 | Construction Law, the total expenses not to exceed $1,315,000 | ||||||
| 15 | in any fiscal year. | ||||||
| 16 | (b) Subject to the transfer provisions set forth below, | ||||||
| 17 | money in the
School Infrastructure Fund shall, if and when the | ||||||
| 18 | State of Illinois incurs
any bonded indebtedness for the | ||||||
| 19 | construction of school improvements under subsection (e) of | ||||||
| 20 | Section 5 of the General Obligation Bond Act
the School | ||||||
| 21 | Construction Law, be set aside and used for the purpose of
| ||||||
| 22 | paying and discharging annually the principal and interest on | ||||||
| 23 | that bonded
indebtedness then due and payable, and for no other | ||||||
| 24 | purpose.
| ||||||
| 25 | In addition to other transfers to the General Obligation | ||||||
| 26 | Bond Retirement and
Interest Fund made pursuant to Section 15 | ||||||
| |||||||
| |||||||
| 1 | of the General Obligation Bond Act,
upon each delivery of bonds | ||||||
| 2 | issued for construction of school improvements
under the School | ||||||
| 3 | Construction Law, the State Comptroller shall
compute and | ||||||
| 4 | certify to the State Treasurer the total amount of principal | ||||||
| 5 | of,
interest on, and premium, if any, on such bonds during the | ||||||
| 6 | then current and
each succeeding fiscal year.
With respect to | ||||||
| 7 | the interest payable on variable rate bonds, such
| ||||||
| 8 | certifications shall be calculated at the maximum rate of | ||||||
| 9 | interest that
may be payable during the fiscal year, after | ||||||
| 10 | taking into account any credits
permitted in the related | ||||||
| 11 | indenture or other instrument against the amount of
such | ||||||
| 12 | interest required to be appropriated for that period.
| ||||||
| 13 | On or before the last day of each month, the State | ||||||
| 14 | Treasurer and State
Comptroller shall transfer from the School | ||||||
| 15 | Infrastructure Fund to the General
Obligation Bond Retirement | ||||||
| 16 | and Interest Fund an amount sufficient to pay the
aggregate of | ||||||
| 17 | the principal of, interest on, and premium, if any, on the | ||||||
| 18 | bonds
payable on their next payment date, divided by the number | ||||||
| 19 | of monthly transfers
occurring between the last previous | ||||||
| 20 | payment date (or the delivery date if no
payment date has yet | ||||||
| 21 | occurred) and the next succeeding payment date.
Interest | ||||||
| 22 | payable on variable rate bonds shall be calculated at the | ||||||
| 23 | maximum
rate of interest that may be payable for the relevant | ||||||
| 24 | period, after taking into
account any credits permitted in the | ||||||
| 25 | related indenture or other instrument
against the amount of | ||||||
| 26 | such interest required to be appropriated for that
period.
| ||||||
| |||||||
| |||||||
| 1 | Interest for which moneys have already been deposited into the | ||||||
| 2 | capitalized
interest account within the General Obligation | ||||||
| 3 | Bond Retirement and Interest
Fund shall not be included in the | ||||||
| 4 | calculation of the amounts to be transferred
under this | ||||||
| 5 | subsection. Beginning July 1, 2017 through June 30, 2020, no | ||||||
| 6 | transfers shall be required under this subsection (b) from the | ||||||
| 7 | School Infrastructure Fund to the General Obligation Bond | ||||||
| 8 | Retirement and Interest Fund.
| ||||||
| 9 | (b-5) The money deposited into the School Infrastructure | ||||||
| 10 | Fund from transfers pursuant to subsections (c-30) and (c-35) | ||||||
| 11 | of Section 13 of the Riverboat Gambling Act shall be applied, | ||||||
| 12 | without further direction, as provided in subsection (b-3) of | ||||||
| 13 | Section 5-35 of the School Construction Law. | ||||||
| 14 | (c) The surplus, if any, in the School Infrastructure Fund | ||||||
| 15 | after payments made pursuant to subsections (a-5), (b), and | ||||||
| 16 | (b-5) of this Section shall, subject to appropriation, be used | ||||||
| 17 | as follows:
| ||||||
| 18 | First - to make 3 payments to the School Technology | ||||||
| 19 | Revolving Loan Fund as
follows:
| ||||||
| 20 | Transfer of $30,000,000 in fiscal year 1999;
| ||||||
| 21 | Transfer of $20,000,000 in fiscal year 2000; and
| ||||||
| 22 | Transfer of $10,000,000 in fiscal year 2001.
| ||||||
| 23 | Second - to pay the expenses of the State Board of | ||||||
| 24 | Education and the Capital
Development Board in administering | ||||||
| 25 | programs under the School Construction
Law, the total expenses | ||||||
| 26 | not to exceed $1,200,000 in any
fiscal year.
| ||||||
| |||||||
| |||||||
| 1 | Second Third - to pay any amounts due for grants for school | ||||||
| 2 | construction projects
and debt service under the School | ||||||
| 3 | Construction Law.
| ||||||
| 4 | Third Fourth - to pay any amounts due for grants for school | ||||||
| 5 | maintenance projects
under the School Construction Law.
| ||||||
| 6 | (Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
| ||||||
| 7 | (30 ILCS 105/6z-52)
| ||||||
| 8 | Sec. 6z-52. Drug Rebate Fund.
| ||||||
| 9 | (a) There is created in the State Treasury a special fund | ||||||
| 10 | to be known as
the Drug Rebate Fund.
| ||||||
| 11 | (b) The Fund is created for the purpose of receiving and | ||||||
| 12 | disbursing moneys
in accordance with this Section. | ||||||
| 13 | Disbursements from the Fund shall be made,
subject to | ||||||
| 14 | appropriation, only as follows:
| ||||||
| 15 | (1) For payments for reimbursement or coverage for | ||||||
| 16 | prescription drugs and other pharmacy products
provided to | ||||||
| 17 | a recipient of medical assistance under the Illinois Public | ||||||
| 18 | Aid Code, the Children's Health Insurance Program Act, the | ||||||
| 19 | Covering ALL KIDS Health Insurance Act, and the Veterans' | ||||||
| 20 | Health Insurance Program Act of 2008.
| ||||||
| 21 | (1.5) For payments to managed care organizations as
| ||||||
| 22 | defined in Section 5-30.1 of the Illinois Public Aid Code.
| ||||||
| 23 | (2) For reimbursement of moneys collected by the | ||||||
| 24 | Department of Healthcare and Family Services (formerly
| ||||||
| 25 | Illinois Department of
Public Aid) through error or | ||||||
| |||||||
| |||||||
| 1 | mistake.
| ||||||
| 2 | (3) For payments of any amounts that are reimbursable | ||||||
| 3 | to the federal
government resulting from a payment into | ||||||
| 4 | this Fund.
| ||||||
| 5 | (4) For payments of operational and administrative | ||||||
| 6 | expenses related to providing and managing coverage for | ||||||
| 7 | prescription drugs and other pharmacy products provided to | ||||||
| 8 | a recipient of medical assistance under the Illinois Public | ||||||
| 9 | Aid Code, the Children's Health Insurance Program Act, the | ||||||
| 10 | Covering ALL KIDS Health Insurance Act, and the Veterans' | ||||||
| 11 | Health Insurance Program Act of 2008, and the Senior | ||||||
| 12 | Citizens and Disabled Persons Property Tax Relief and | ||||||
| 13 | Pharmaceutical Assistance Act. | ||||||
| 14 | (c) The Fund shall consist of the following:
| ||||||
| 15 | (1) Upon notification from the Director of Healthcare | ||||||
| 16 | and Family Services, the Comptroller
shall direct and the | ||||||
| 17 | Treasurer shall transfer the net State share (disregarding | ||||||
| 18 | the reduction in net State share attributable to the | ||||||
| 19 | American Recovery and Reinvestment Act of 2009 or any other | ||||||
| 20 | federal economic stimulus program) of all moneys
received | ||||||
| 21 | by the Department of Healthcare and Family Services | ||||||
| 22 | (formerly Illinois Department of Public Aid) from drug | ||||||
| 23 | rebate agreements
with pharmaceutical manufacturers | ||||||
| 24 | pursuant to Title XIX of the federal Social
Security Act, | ||||||
| 25 | including any portion of the balance in the Public Aid | ||||||
| 26 | Recoveries
Trust Fund on July 1, 2001 that is attributable | ||||||
| |||||||
| |||||||
| 1 | to such receipts.
| ||||||
| 2 | (2) All federal matching funds received by the Illinois | ||||||
| 3 | Department as a
result of expenditures made by the | ||||||
| 4 | Department that are attributable to moneys
deposited in the | ||||||
| 5 | Fund.
| ||||||
| 6 | (3) Any premium collected by the Illinois Department | ||||||
| 7 | from participants
under a waiver approved by the federal | ||||||
| 8 | government relating to provision of
pharmaceutical | ||||||
| 9 | services.
| ||||||
| 10 | (4) All other moneys received for the Fund from any | ||||||
| 11 | other source,
including interest earned thereon.
| ||||||
| 12 | (Source: P.A. 96-8, eff. 4-28-09; 96-1100, eff. 1-1-11; 97-689, | ||||||
| 13 | eff. 7-1-12.)
| ||||||
| 14 | (30 ILCS 105/6z-100) | ||||||
| 15 | (Section scheduled to be repealed on July 1, 2017) | ||||||
| 16 | Sec. 6z-100. Capital Development Board Revolving Fund; | ||||||
| 17 | payments into and use. All monies received by the Capital | ||||||
| 18 | Development Board for publications or copies issued by the | ||||||
| 19 | Board, and all monies received for contract administration | ||||||
| 20 | fees, charges, or reimbursements owing to the Board shall be | ||||||
| 21 | deposited into a special fund known as the Capital Development | ||||||
| 22 | Board Revolving Fund, which is hereby created in the State | ||||||
| 23 | treasury. The monies in this Fund shall be used by the Capital | ||||||
| 24 | Development Board, as appropriated, for expenditures for | ||||||
| 25 | personal services, retirement, social security, contractual | ||||||
| |||||||
| |||||||
| 1 | services, legal services, travel, commodities, printing, | ||||||
| 2 | equipment, electronic data processing, or telecommunications. | ||||||
| 3 | Unexpended moneys in the Fund shall not be transferred or | ||||||
| 4 | allocated by the Comptroller or Treasurer to any other fund, | ||||||
| 5 | nor shall the Governor authorize the transfer or allocation of | ||||||
| 6 | those moneys to any other fund. This Section is repealed July | ||||||
| 7 | 1, 2018 2017.
| ||||||
| 8 | (Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)
| ||||||
| 9 | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) | ||||||
| 10 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
| 11 | State of
Illinois incurs any bonded indebtedness for the | ||||||
| 12 | construction of
permanent highways, be set aside and used for | ||||||
| 13 | the purpose of paying and
discharging annually the principal | ||||||
| 14 | and interest on that bonded
indebtedness then due and payable, | ||||||
| 15 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
| 16 | after the payment of principal and
interest on that bonded | ||||||
| 17 | indebtedness then annually due shall be used as
follows: | ||||||
| 18 | first -- to pay the cost of administration of Chapters | ||||||
| 19 | 2 through 10 of
the Illinois Vehicle Code, except the cost | ||||||
| 20 | of administration of Articles I and
II of Chapter 3 of that | ||||||
| 21 | Code; and | ||||||
| 22 | secondly -- for expenses of the Department of | ||||||
| 23 | Transportation for
construction, reconstruction, | ||||||
| 24 | improvement, repair, maintenance,
operation, and | ||||||
| 25 | administration of highways in accordance with the
| ||||||
| |||||||
| |||||||
| 1 | provisions of laws relating thereto, or for any purpose | ||||||
| 2 | related or
incident to and connected therewith, including | ||||||
| 3 | the separation of grades
of those highways with railroads | ||||||
| 4 | and with highways and including the
payment of awards made | ||||||
| 5 | by the Illinois Workers' Compensation Commission under the | ||||||
| 6 | terms of
the Workers' Compensation Act or Workers' | ||||||
| 7 | Occupational Diseases Act for
injury or death of an | ||||||
| 8 | employee of the Division of Highways in the
Department of | ||||||
| 9 | Transportation; or for the acquisition of land and the
| ||||||
| 10 | erection of buildings for highway purposes, including the | ||||||
| 11 | acquisition of
highway right-of-way or for investigations | ||||||
| 12 | to determine the reasonably
anticipated future highway | ||||||
| 13 | needs; or for making of surveys, plans,
specifications and | ||||||
| 14 | estimates for and in the construction and maintenance
of | ||||||
| 15 | flight strips and of highways necessary to provide access | ||||||
| 16 | to military
and naval reservations, to defense industries | ||||||
| 17 | and defense-industry
sites, and to the sources of raw | ||||||
| 18 | materials and for replacing existing
highways and highway | ||||||
| 19 | connections shut off from general public use at
military | ||||||
| 20 | and naval reservations and defense-industry sites, or for | ||||||
| 21 | the
purchase of right-of-way, except that the State shall | ||||||
| 22 | be reimbursed in
full for any expense incurred in building | ||||||
| 23 | the flight strips; or for the
operating and maintaining of | ||||||
| 24 | highway garages; or for patrolling and
policing the public | ||||||
| 25 | highways and conserving the peace; or for the operating | ||||||
| 26 | expenses of the Department relating to the administration | ||||||
| |||||||
| |||||||
| 1 | of public transportation programs; or, during fiscal year | ||||||
| 2 | 2012 only, for the purposes of a grant not to exceed | ||||||
| 3 | $8,500,000 to the Regional Transportation Authority on | ||||||
| 4 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 5 | expenses; or, during fiscal year 2013 only, for the | ||||||
| 6 | purposes of a grant not to exceed $3,825,000 to the | ||||||
| 7 | Regional Transportation Authority on behalf of PACE for the | ||||||
| 8 | purpose of ADA/Para-transit expenses; or, during fiscal | ||||||
| 9 | year 2014 only, for the purposes of a grant not to exceed | ||||||
| 10 | $3,825,000 to the Regional Transportation Authority on | ||||||
| 11 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 12 | expenses; or, during fiscal year 2015 only, for the | ||||||
| 13 | purposes of a grant not to exceed $3,825,000 to the | ||||||
| 14 | Regional Transportation Authority on behalf of PACE for the | ||||||
| 15 | purpose of ADA/Para-transit expenses; or, during fiscal | ||||||
| 16 | year 2016 only, for the purposes of a grant not to exceed | ||||||
| 17 | $3,825,000 to the Regional Transportation Authority on | ||||||
| 18 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 19 | expenses; or, during fiscal year 2017 only, for the | ||||||
| 20 | purposes of a grant not to exceed $3,825,000 to the | ||||||
| 21 | Regional Transportation Authority on behalf of PACE for the | ||||||
| 22 | purpose of ADA/Para-transit expenses; or for any of
those | ||||||
| 23 | purposes or any other purpose that may be provided by law. | ||||||
| 24 | Appropriations for any of those purposes are payable from | ||||||
| 25 | the Road
Fund. Appropriations may also be made from the Road | ||||||
| 26 | Fund for the
administrative expenses of any State agency that | ||||||
| |||||||
| |||||||
| 1 | are related to motor
vehicles or arise from the use of motor | ||||||
| 2 | vehicles. | ||||||
| 3 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
| 4 | Fund monies
shall be appropriated to the following Departments | ||||||
| 5 | or agencies of State
government for administration, grants, or | ||||||
| 6 | operations; but this
limitation is not a restriction upon | ||||||
| 7 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 8 | eligible for federal reimbursement; | ||||||
| 9 | 1. Department of Public Health; | ||||||
| 10 | 2. Department of Transportation, only with respect to | ||||||
| 11 | subsidies for
one-half fare Student Transportation and | ||||||
| 12 | Reduced Fare for Elderly, except during fiscal year 2012 | ||||||
| 13 | only when no more than $40,000,000 may be expended and | ||||||
| 14 | except during fiscal year 2013 only when no more than | ||||||
| 15 | $17,570,300 may be expended and except during fiscal year | ||||||
| 16 | 2014 only when no more than $17,570,000 may be expended and | ||||||
| 17 | except during fiscal year 2015 only when no more than | ||||||
| 18 | $17,570,000 may be expended and except during fiscal year | ||||||
| 19 | 2016 only when no more than $17,570,000 may be expended and | ||||||
| 20 | except during fiscal year 2017 only when no more than | ||||||
| 21 | $17,570,000 may be expended; | ||||||
| 22 | 3. Department of Central Management
Services, except | ||||||
| 23 | for expenditures
incurred for group insurance premiums of | ||||||
| 24 | appropriate personnel; | ||||||
| 25 | 4. Judicial Systems and Agencies. | ||||||
| 26 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
| |||||||
| |||||||
| 1 | Fund monies
shall be appropriated to the following Departments | ||||||
| 2 | or agencies of State
government for administration, grants, or | ||||||
| 3 | operations; but this
limitation is not a restriction upon | ||||||
| 4 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 5 | eligible for federal reimbursement: | ||||||
| 6 | 1. Department of State Police, except for expenditures | ||||||
| 7 | with
respect to the Division of Operations; | ||||||
| 8 | 2. Department of Transportation, only with respect to | ||||||
| 9 | Intercity Rail
Subsidies, except during fiscal year 2012 | ||||||
| 10 | only when no more than $40,000,000 may be expended and | ||||||
| 11 | except during fiscal year 2013 only when no more than | ||||||
| 12 | $26,000,000 may be expended and except during fiscal year | ||||||
| 13 | 2014 only when no more than $38,000,000 may be expended and | ||||||
| 14 | except during fiscal year 2015 only when no more than | ||||||
| 15 | $42,000,000 may be expended and except during fiscal year | ||||||
| 16 | 2016 only when no more than $38,300,000 may be expended and | ||||||
| 17 | except during fiscal year 2017 only when no more than | ||||||
| 18 | $50,000,000 may be expended and except during fiscal year | ||||||
| 19 | 2018 only when no more than $52,000,000 may be expended, | ||||||
| 20 | and Rail Freight Services. | ||||||
| 21 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
| 22 | Fund monies
shall be appropriated to the following Departments | ||||||
| 23 | or agencies of State
government for administration, grants, or | ||||||
| 24 | operations; but this
limitation is not a restriction upon | ||||||
| 25 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 26 | eligible for federal reimbursement: Department
of Central | ||||||
| |||||||
| |||||||
| 1 | Management Services, except for awards made by
the Illinois | ||||||
| 2 | Workers' Compensation Commission under the terms of the | ||||||
| 3 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
| 4 | Act for injury or death of an employee of
the Division of | ||||||
| 5 | Highways in the Department of Transportation. | ||||||
| 6 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
| 7 | Fund monies
shall be appropriated to the following Departments | ||||||
| 8 | or agencies of State
government for administration, grants, or | ||||||
| 9 | operations; but this
limitation is not a restriction upon | ||||||
| 10 | appropriating for those purposes any
Road Fund monies that are | ||||||
| 11 | eligible for federal reimbursement: | ||||||
| 12 | 1. Department of State Police, except not more than 40% | ||||||
| 13 | of the
funds appropriated for the Division of Operations; | ||||||
| 14 | 2. State Officers. | ||||||
| 15 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
| 16 | Fund monies
shall be appropriated to any Department or agency | ||||||
| 17 | of State government
for administration, grants, or operations | ||||||
| 18 | except as provided hereafter;
but this limitation is not a | ||||||
| 19 | restriction upon appropriating for those
purposes any Road Fund | ||||||
| 20 | monies that are eligible for federal
reimbursement. It shall | ||||||
| 21 | not be lawful to circumvent the above
appropriation limitations | ||||||
| 22 | by governmental reorganization or other
methods. | ||||||
| 23 | Appropriations shall be made from the Road Fund only in
| ||||||
| 24 | accordance with the provisions of this Section. | ||||||
| 25 | Money in the Road Fund shall, if and when the State of | ||||||
| 26 | Illinois
incurs any bonded indebtedness for the construction of | ||||||
| |||||||
| |||||||
| 1 | permanent
highways, be set aside and used for the purpose of | ||||||
| 2 | paying and
discharging during each fiscal year the principal | ||||||
| 3 | and interest on that
bonded indebtedness as it becomes due and | ||||||
| 4 | payable as provided in the
Transportation Bond Act, and for no | ||||||
| 5 | other
purpose. The surplus, if any, in the Road Fund after the | ||||||
| 6 | payment of
principal and interest on that bonded indebtedness | ||||||
| 7 | then annually due
shall be used as follows: | ||||||
| 8 | first -- to pay the cost of administration of Chapters | ||||||
| 9 | 2 through 10
of the Illinois Vehicle Code; and | ||||||
| 10 | secondly -- no Road Fund monies derived from fees, | ||||||
| 11 | excises, or
license taxes relating to registration, | ||||||
| 12 | operation and use of vehicles on
public highways or to | ||||||
| 13 | fuels used for the propulsion of those vehicles,
shall be | ||||||
| 14 | appropriated or expended other than for costs of | ||||||
| 15 | administering
the laws imposing those fees, excises, and | ||||||
| 16 | license taxes, statutory
refunds and adjustments allowed | ||||||
| 17 | thereunder, administrative costs of the
Department of | ||||||
| 18 | Transportation, including, but not limited to, the | ||||||
| 19 | operating expenses of the Department relating to the | ||||||
| 20 | administration of public transportation programs, payment | ||||||
| 21 | of debts and liabilities incurred
in construction and | ||||||
| 22 | reconstruction of public highways and bridges,
acquisition | ||||||
| 23 | of rights-of-way for and the cost of construction,
| ||||||
| 24 | reconstruction, maintenance, repair, and operation of | ||||||
| 25 | public highways and
bridges under the direction and | ||||||
| 26 | supervision of the State, political
subdivision, or | ||||||
| |||||||
| |||||||
| 1 | municipality collecting those monies, or during fiscal | ||||||
| 2 | year 2012 only for the purposes of a grant not to exceed | ||||||
| 3 | $8,500,000 to the Regional Transportation Authority on | ||||||
| 4 | behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 5 | expenses, or during fiscal year 2013 only for the purposes | ||||||
| 6 | of a grant not to exceed $3,825,000 to the Regional | ||||||
| 7 | Transportation Authority on behalf of PACE for the purpose | ||||||
| 8 | of ADA/Para-transit expenses, or during fiscal year 2014 | ||||||
| 9 | only for the purposes of a grant not to exceed $3,825,000 | ||||||
| 10 | to the Regional Transportation Authority on behalf of PACE | ||||||
| 11 | for the purpose of ADA/Para-transit expenses, or during | ||||||
| 12 | fiscal year 2015 only for the purposes of a grant not to | ||||||
| 13 | exceed $3,825,000 to the Regional Transportation Authority | ||||||
| 14 | on behalf of PACE for the purpose of ADA/Para-transit | ||||||
| 15 | expenses, or during fiscal year 2016 only for the purposes | ||||||
| 16 | of a grant not to exceed $3,825,000 to the Regional | ||||||
| 17 | Transportation Authority on behalf of PACE for the purpose | ||||||
| 18 | of ADA/Para-transit expenses, or during fiscal year 2017 | ||||||
| 19 | only for the purposes of a grant not to exceed $3,825,000 | ||||||
| 20 | to the Regional Transportation Authority on behalf of PACE | ||||||
| 21 | for the purpose of ADA/Para-transit expenses, and the costs | ||||||
| 22 | for
patrolling and policing the public highways (by State, | ||||||
| 23 | political
subdivision, or municipality collecting that | ||||||
| 24 | money) for enforcement of
traffic laws. The separation of | ||||||
| 25 | grades of such highways with railroads
and costs associated | ||||||
| 26 | with protection of at-grade highway and railroad
crossing | ||||||
| |||||||
| |||||||
| 1 | shall also be permissible. | ||||||
| 2 | Appropriations for any of such purposes are payable from | ||||||
| 3 | the Road
Fund or the Grade Crossing Protection Fund as provided | ||||||
| 4 | in Section 8 of
the Motor Fuel Tax Law. | ||||||
| 5 | Except as provided in this paragraph, beginning with fiscal | ||||||
| 6 | year 1991 and
thereafter, no Road Fund monies
shall be | ||||||
| 7 | appropriated to the Department of State Police for the purposes | ||||||
| 8 | of
this Section in excess of its total fiscal year 1990 Road | ||||||
| 9 | Fund
appropriations for those purposes unless otherwise | ||||||
| 10 | provided in Section 5g of
this Act.
For fiscal years 2003,
| ||||||
| 11 | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | ||||||
| 12 | appropriated to the
Department of State Police for the purposes | ||||||
| 13 | of this Section in excess of
$97,310,000.
For fiscal year 2008 | ||||||
| 14 | only, no Road
Fund monies shall be appropriated to the | ||||||
| 15 | Department of State Police for the purposes of
this Section in | ||||||
| 16 | excess of $106,100,000. For fiscal year 2009 only, no Road Fund | ||||||
| 17 | monies shall be appropriated to the Department of State Police | ||||||
| 18 | for the purposes of this Section in excess of $114,700,000. | ||||||
| 19 | Beginning in fiscal year 2010, no road fund moneys shall be | ||||||
| 20 | appropriated to the Department of State Police. It shall not be | ||||||
| 21 | lawful to circumvent this limitation on
appropriations by | ||||||
| 22 | governmental reorganization or other methods unless
otherwise | ||||||
| 23 | provided in Section 5g of this Act. | ||||||
| 24 | In fiscal year 1994, no Road Fund monies shall be | ||||||
| 25 | appropriated
to the
Secretary of State for the purposes of this | ||||||
| 26 | Section in excess of the total
fiscal year 1991 Road Fund | ||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| 1 | appropriations to the Secretary of State for
those purposes, | |||||||||||||||||||||||||||||||||||||||||
| 2 | plus $9,800,000. It
shall not be
lawful to circumvent
this | |||||||||||||||||||||||||||||||||||||||||
| 3 | limitation on appropriations by governmental reorganization or | |||||||||||||||||||||||||||||||||||||||||
| 4 | other
method. | |||||||||||||||||||||||||||||||||||||||||
| 5 | Beginning with fiscal year 1995 and thereafter, no Road | |||||||||||||||||||||||||||||||||||||||||
| 6 | Fund
monies
shall be appropriated to the Secretary of State for | |||||||||||||||||||||||||||||||||||||||||
| 7 | the purposes of this
Section in excess of the total fiscal year | |||||||||||||||||||||||||||||||||||||||||
| 8 | 1994 Road Fund
appropriations to
the Secretary of State for | |||||||||||||||||||||||||||||||||||||||||
| 9 | those purposes. It shall not be lawful to
circumvent this | |||||||||||||||||||||||||||||||||||||||||
| 10 | limitation on appropriations by governmental reorganization
or | |||||||||||||||||||||||||||||||||||||||||
| 11 | other methods. | |||||||||||||||||||||||||||||||||||||||||
| 12 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||||||||||||||||||||||
| 13 | appropriations to the
Secretary of State for the purposes of | |||||||||||||||||||||||||||||||||||||||||
| 14 | this Section shall not exceed the
amounts specified for the | |||||||||||||||||||||||||||||||||||||||||
| 15 | following fiscal years: | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| 26 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | appropriated to the Secretary of State. | ||||||
| 2 | Beginning in fiscal year 2011, moneys in the Road Fund | ||||||
| 3 | shall be appropriated to the Secretary of State for the | ||||||
| 4 | exclusive purpose of paying refunds due to overpayment of fees | ||||||
| 5 | related to Chapter 3 of the Illinois Vehicle Code unless | ||||||
| 6 | otherwise provided for by law. | ||||||
| 7 | It shall not be lawful to circumvent this limitation on | ||||||
| 8 | appropriations by
governmental reorganization or other | ||||||
| 9 | methods. | ||||||
| 10 | No new program may be initiated in fiscal year 1991 and
| ||||||
| 11 | thereafter that is not consistent with the limitations imposed | ||||||
| 12 | by this
Section for fiscal year 1984 and thereafter, insofar as | ||||||
| 13 | appropriation of
Road Fund monies is concerned. | ||||||
| 14 | Nothing in this Section prohibits transfers from the Road | ||||||
| 15 | Fund to the
State Construction Account Fund under Section 5e of | ||||||
| 16 | this Act; nor to the
General Revenue Fund, as authorized by | ||||||
| 17 | this amendatory Act of
the 93rd
General Assembly. | ||||||
| 18 | The additional amounts authorized for expenditure in this | ||||||
| 19 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| ||||||
| 20 | shall be repaid to the Road Fund
from the General Revenue Fund | ||||||
| 21 | in the next succeeding fiscal year that the
General Revenue | ||||||
| 22 | Fund has a positive budgetary balance, as determined by
| ||||||
| 23 | generally accepted accounting principles applicable to | ||||||
| 24 | government. | ||||||
| 25 | The additional amounts authorized for expenditure by the | ||||||
| 26 | Secretary of State
and
the Department of State Police in this | ||||||
| |||||||
| |||||||
| 1 | Section by this amendatory Act of the
94th General Assembly | ||||||
| 2 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
| 3 | in the
next
succeeding fiscal year that the General Revenue | ||||||
| 4 | Fund has a positive budgetary
balance,
as determined by | ||||||
| 5 | generally accepted accounting principles applicable to
| ||||||
| 6 | government. | ||||||
| 7 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; | ||||||
| 8 | 99-523, eff. 6-30-16.)
| ||||||
| 9 | (30 ILCS 105/8.25e) (from Ch. 127, par. 144.25e)
| ||||||
| 10 | Sec. 8.25e.
(a) The State Comptroller and the State | ||||||
| 11 | Treasurer shall
automatically transfer on the first day of each | ||||||
| 12 | month, beginning on
February 1, 1988, from the General Revenue | ||||||
| 13 | Fund to each of the funds then
supplemented by the pari-mutuel | ||||||
| 14 | tax pursuant to Section 28 of the Illinois
Horse Racing Act of | ||||||
| 15 | 1975, an amount equal to (i) the amount of pari-mutuel
tax | ||||||
| 16 | deposited into such fund during the month in fiscal
year 1986 | ||||||
| 17 | which corresponds to the month preceding such transfer, minus
| ||||||
| 18 | (ii) the amount of pari-mutuel tax (or the replacement transfer | ||||||
| 19 | authorized
by subsection (d) of Section 8g Section 8g(d) of | ||||||
| 20 | this Act and subsection (d) of Section 28.1 Section 28.1(d) of | ||||||
| 21 | the Illinois Horse Racing Act of
1975) deposited into such fund | ||||||
| 22 | during the
month preceding such transfer; provided, however, | ||||||
| 23 | that no transfer shall
be made to a fund if such amount for | ||||||
| 24 | that fund is equal to or less than
zero and provided that no | ||||||
| 25 | transfer shall be made to a fund in any fiscal
year after the | ||||||
| |||||||
| |||||||
| 1 | amount deposited into such fund exceeds the amount of
| ||||||
| 2 | pari-mutuel tax deposited into such fund during fiscal year | ||||||
| 3 | 1986.
| ||||||
| 4 | (b) The State Comptroller and the State Treasurer shall | ||||||
| 5 | automatically
transfer on the last day of each month, beginning | ||||||
| 6 | on October 1, 1989 and ending on June 30, 2017, from
the | ||||||
| 7 | General Revenue Fund to the Metropolitan Exposition, | ||||||
| 8 | Auditorium and
Office Building Fund, the amount of $2,750,000 | ||||||
| 9 | plus any cumulative
deficiencies in such transfers for prior | ||||||
| 10 | months, until the sum of
$16,500,000 has been transferred for | ||||||
| 11 | the fiscal year beginning July 1, 1989
and until the sum of | ||||||
| 12 | $22,000,000 has been transferred for each fiscal year
| ||||||
| 13 | thereafter.
| ||||||
| 14 | (b-5) The State Comptroller and the State Treasurer shall | ||||||
| 15 | automatically transfer on the last day of each month, beginning | ||||||
| 16 | on July 1, 2017, from the General Revenue Fund to the | ||||||
| 17 | Metropolitan Exposition, Auditorium and Office Building Fund, | ||||||
| 18 | the amount of $1,500,000 plus any cumulative deficiencies in | ||||||
| 19 | such transfers for prior months, until the sum of $12,000,000 | ||||||
| 20 | has been transferred for each fiscal year thereafter. | ||||||
| 21 | (c) After the transfer of funds from the Metropolitan | ||||||
| 22 | Exposition,
Auditorium and Office Building Fund to the Bond | ||||||
| 23 | Retirement Fund pursuant to subsection (b) of Section 15
| ||||||
| 24 | Section 15(b) of the Metropolitan Civic Center Support Act, the | ||||||
| 25 | State
Comptroller and the State Treasurer shall automatically | ||||||
| 26 | transfer on the
last day of each month, beginning on October 1, | ||||||
| |||||||
| |||||||
| 1 | 1989 and ending on June 30, 2017, from the Metropolitan
| ||||||
| 2 | Exposition, Auditorium and Office Building Fund
to the Park and | ||||||
| 3 | Conservation Fund the amount of $1,250,000 plus any
cumulative | ||||||
| 4 | deficiencies in such transfers for prior months, until the sum
| ||||||
| 5 | of $7,500,000 has been transferred for the fiscal year | ||||||
| 6 | beginning July 1,
1989 and until the sum of $10,000,000 has | ||||||
| 7 | been transferred for each fiscal
year thereafter.
| ||||||
| 8 | (Source: P.A. 91-25, eff. 6-9-99.)
| ||||||
| 9 | (30 ILCS 105/8g) | ||||||
| 10 | Sec. 8g. Fund transfers. | ||||||
| 11 | (a) In addition to any other transfers that may be provided | ||||||
| 12 | for by law, as
soon as may be practical after the effective | ||||||
| 13 | date of this amendatory Act of
the 91st General Assembly, the | ||||||
| 14 | State Comptroller shall direct and the State
Treasurer shall | ||||||
| 15 | transfer the sum of $10,000,000 from the General Revenue Fund
| ||||||
| 16 | to the Motor Vehicle License Plate Fund created by Senate Bill | ||||||
| 17 | 1028 of the 91st
General Assembly. | ||||||
| 18 | (b) In addition to any other transfers that may be provided | ||||||
| 19 | for by law, as
soon as may be practical after the effective | ||||||
| 20 | date of this amendatory Act of
the 91st General Assembly, the | ||||||
| 21 | State Comptroller shall direct and the State
Treasurer shall | ||||||
| 22 | transfer the sum of $25,000,000 from the General Revenue Fund
| ||||||
| 23 | to the Fund for Illinois' Future created by Senate Bill 1066 of | ||||||
| 24 | the 91st
General Assembly. | ||||||
| 25 | (c) In addition to any other transfers that may be provided | ||||||
| |||||||
| |||||||
| 1 | for by law,
on August 30 of each fiscal year's license period, | ||||||
| 2 | the Illinois Liquor Control
Commission shall direct and the | ||||||
| 3 | State Comptroller and State Treasurer shall
transfer from the | ||||||
| 4 | General Revenue Fund to the Youth Alcoholism and Substance
| ||||||
| 5 | Abuse Prevention Fund an amount equal to the number of retail | ||||||
| 6 | liquor licenses
issued for that fiscal year multiplied by $50. | ||||||
| 7 | (d) The payments to programs required under subsection (d) | ||||||
| 8 | of Section 28.1
of the Illinois Horse Racing Act of 1975 shall | ||||||
| 9 | be made, pursuant to appropriation, from
the special funds | ||||||
| 10 | referred to in the statutes cited in that subsection, rather
| ||||||
| 11 | than directly from the General Revenue Fund. | ||||||
| 12 | Beginning January 1, 2000, on the first day of each month, | ||||||
| 13 | or as soon
as may be practical thereafter, the State | ||||||
| 14 | Comptroller shall direct and the
State Treasurer shall transfer | ||||||
| 15 | from the General Revenue Fund to each of the
special funds from | ||||||
| 16 | which payments are to be made under subsection (d) of Section | ||||||
| 17 | 28.1 of the Illinois
Horse Racing Act of 1975 an amount equal | ||||||
| 18 | to 1/12 of the annual amount required
for those payments from | ||||||
| 19 | that special fund, which annual amount shall not exceed
the | ||||||
| 20 | annual amount for those payments from that special fund for the | ||||||
| 21 | calendar
year 1998. The special funds to which transfers shall | ||||||
| 22 | be made under this
subsection (d) include, but are not | ||||||
| 23 | necessarily limited to, the Agricultural
Premium Fund; the | ||||||
| 24 | Metropolitan Exposition, Auditorium and Office Building Fund;
| ||||||
| 25 | the Fair and Exposition Fund; the Illinois Standardbred | ||||||
| 26 | Breeders Fund; the Illinois Thoroughbred
Breeders Fund; and the | ||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| 1 | Illinois Veterans' Rehabilitation Fund. Except that, during | |||||||||||||||||||||
| 2 | State fiscal year 2018 only, the State Comptroller shall direct | |||||||||||||||||||||
| 3 | and the State Treasurer shall transfer amounts from the General | |||||||||||||||||||||
| 4 | Revenue Fund to the designated funds not exceeding the | |||||||||||||||||||||
| 5 | following amounts: | |||||||||||||||||||||
| ||||||||||||||||||||||
| 11 | (e) In addition to any other transfers that may be provided | |||||||||||||||||||||
| 12 | for by law,
as soon as may be practical after the effective | |||||||||||||||||||||
| 13 | date of this amendatory Act of
the 91st General Assembly, but | |||||||||||||||||||||
| 14 | in no event later than June 30, 2000, the State
Comptroller | |||||||||||||||||||||
| 15 | shall direct and the State Treasurer shall transfer the sum of
| |||||||||||||||||||||
| 16 | $15,000,000 from the General Revenue Fund to the Fund for | |||||||||||||||||||||
| 17 | Illinois' Future. | |||||||||||||||||||||
| 18 | (f) In addition to any other transfers that may be provided | |||||||||||||||||||||
| 19 | for by law,
as soon as may be practical after the effective | |||||||||||||||||||||
| 20 | date of this amendatory Act of
the 91st General Assembly, but | |||||||||||||||||||||
| 21 | in no event later than June 30, 2000, the State
Comptroller | |||||||||||||||||||||
| 22 | shall direct and the State Treasurer shall transfer the sum of
| |||||||||||||||||||||
| 23 | $70,000,000 from the General Revenue Fund to the Long-Term Care | |||||||||||||||||||||
| 24 | Provider
Fund. | |||||||||||||||||||||
| 25 | (f-1) In fiscal year 2002, in addition to any other | |||||||||||||||||||||
| 26 | transfers that may
be provided for by law, at the direction of | |||||||||||||||||||||
| |||||||
| |||||||
| 1 | and upon notification from the
Governor, the State Comptroller | ||||||
| 2 | shall direct and the State Treasurer shall
transfer amounts not | ||||||
| 3 | exceeding a total of $160,000,000 from the General
Revenue Fund | ||||||
| 4 | to the Long-Term Care Provider Fund. | ||||||
| 5 | (g) In addition to any other transfers that may be provided | ||||||
| 6 | for by law,
on July 1, 2001, or as soon thereafter as may be | ||||||
| 7 | practical, the State
Comptroller shall direct and the State | ||||||
| 8 | Treasurer shall transfer the sum of
$1,200,000 from the General | ||||||
| 9 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 10 | (h) In each of fiscal years 2002 through 2004, but not
| ||||||
| 11 | thereafter, in
addition to any other transfers that may be | ||||||
| 12 | provided for by law, the State
Comptroller shall direct and the | ||||||
| 13 | State Treasurer shall transfer $5,000,000
from the General | ||||||
| 14 | Revenue Fund to the Tourism Promotion Fund. | ||||||
| 15 | (i) On or after July 1, 2001 and until May 1, 2002, in | ||||||
| 16 | addition to any
other transfers that may be provided for by | ||||||
| 17 | law, at the direction of and upon
notification from the | ||||||
| 18 | Governor, the State Comptroller shall direct and the
State | ||||||
| 19 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 20 | $80,000,000
from the General Revenue Fund to the Tobacco | ||||||
| 21 | Settlement Recovery Fund.
Any amounts so transferred shall be | ||||||
| 22 | re-transferred by the State Comptroller
and the State Treasurer | ||||||
| 23 | from the Tobacco Settlement Recovery Fund to the
General | ||||||
| 24 | Revenue Fund at the direction of and upon notification from the
| ||||||
| 25 | Governor, but in any event on or before June 30, 2002. | ||||||
| 26 | (i-1) On or after July 1, 2002 and until May 1, 2003, in | ||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| 1 | addition to any
other transfers that may be provided for by | |||||||||||||||||||||||||||||||||||||||||
| 2 | law, at the direction of and upon
notification from the | |||||||||||||||||||||||||||||||||||||||||
| 3 | Governor, the State Comptroller shall direct and the
State | |||||||||||||||||||||||||||||||||||||||||
| 4 | Treasurer shall transfer amounts not exceeding a total of | |||||||||||||||||||||||||||||||||||||||||
| 5 | $80,000,000
from the General Revenue Fund to the Tobacco | |||||||||||||||||||||||||||||||||||||||||
| 6 | Settlement Recovery Fund.
Any amounts so transferred shall be | |||||||||||||||||||||||||||||||||||||||||
| 7 | re-transferred by the State Comptroller
and the State Treasurer | |||||||||||||||||||||||||||||||||||||||||
| 8 | from the Tobacco Settlement Recovery Fund to the
General | |||||||||||||||||||||||||||||||||||||||||
| 9 | Revenue Fund at the direction of and upon notification from the
| |||||||||||||||||||||||||||||||||||||||||
| 10 | Governor, but in any event on or before June 30, 2003. | |||||||||||||||||||||||||||||||||||||||||
| 11 | (j) On or after July 1, 2001 and no later than June 30, | |||||||||||||||||||||||||||||||||||||||||
| 12 | 2002, in addition to
any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||
| 13 | for by law, at the direction of and
upon notification from the | |||||||||||||||||||||||||||||||||||||||||
| 14 | Governor, the State Comptroller shall direct and the
State | |||||||||||||||||||||||||||||||||||||||||
| 15 | Treasurer shall transfer amounts not to exceed the following | |||||||||||||||||||||||||||||||||||||||||
| 16 | sums into
the Statistical Services Revolving Fund: | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||
| 12 | (k) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||
| 13 | for by law,
as soon as may be practical after the effective | |||||||||||||||||||||||||||||||||||||||||||||
| 14 | date of this amendatory Act of
the 92nd General Assembly, the | |||||||||||||||||||||||||||||||||||||||||||||
| 15 | State Comptroller shall direct and the State
Treasurer shall | |||||||||||||||||||||||||||||||||||||||||||||
| 16 | transfer the sum of $2,000,000 from the General Revenue Fund
to | |||||||||||||||||||||||||||||||||||||||||||||
| 17 | the Teachers Health Insurance Security Fund. | |||||||||||||||||||||||||||||||||||||||||||||
| 18 | (k-1) In addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||||||
| 19 | provided for by
law, on July 1, 2002, or as soon as may be | |||||||||||||||||||||||||||||||||||||||||||||
| 20 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||||||||||||||||||||||||||||||
| 21 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||||||||||||||||||||||||||||||
| 22 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||||||||||||||||||||||||||||||
| 23 | Security Fund. | |||||||||||||||||||||||||||||||||||||||||||||
| 24 | (k-2) In addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||||||
| 25 | provided for by
law, on July 1, 2003, or as soon as may be | |||||||||||||||||||||||||||||||||||||||||||||
| 26 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | Security Fund. | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | (k-3) On or after July 1, 2002 and no later than June 30, | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | 2003, in
addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 6 | for by law, at the
direction of and upon notification from the | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 7 | Governor, the State Comptroller
shall direct and the State | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 8 | Treasurer shall transfer amounts not to exceed the
following | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 9 | sums into the Statistical Services Revolving Fund: | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 23 | (l) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 24 | for by law, on
July 1, 2002, or as soon as may be practical | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 25 | thereafter, the State Comptroller
shall direct and the State | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| 26 | Treasurer shall transfer the sum of $3,000,000 from
the General | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | Revenue Fund to the Presidential Library and Museum Operating
| ||||||
| 2 | Fund. | ||||||
| 3 | (m) In addition to any other transfers that may be provided | ||||||
| 4 | for by law, on
July 1, 2002 and on the effective date of this | ||||||
| 5 | amendatory Act of the 93rd
General Assembly, or as soon | ||||||
| 6 | thereafter as may be practical, the State Comptroller
shall | ||||||
| 7 | direct and the State Treasurer shall transfer the sum of | ||||||
| 8 | $1,200,000 from
the General Revenue Fund to the Violence | ||||||
| 9 | Prevention Fund. | ||||||
| 10 | (n) In addition to any other transfers that may be provided | ||||||
| 11 | for by law,
on July 1,
2003, or as soon thereafter as may be | ||||||
| 12 | practical, the State Comptroller shall
direct and the
State | ||||||
| 13 | Treasurer shall transfer the sum of $6,800,000 from the General | ||||||
| 14 | Revenue
Fund to
the DHS Recoveries Trust Fund. | ||||||
| 15 | (o) On or after July 1, 2003, and no later than June 30, | ||||||
| 16 | 2004, in
addition to any
other transfers that may be provided | ||||||
| 17 | for by law, at the direction of and upon
notification
from the | ||||||
| 18 | Governor, the State Comptroller shall direct and the State | ||||||
| 19 | Treasurer
shall
transfer amounts not to exceed the following | ||||||
| 20 | sums into the Vehicle Inspection
Fund: | ||||||
| |||||||
| 22 | (p) On or after July 1, 2003 and until May 1, 2004, in | ||||||
| 23 | addition to any
other
transfers that may be provided for by | ||||||
| 24 | law, at the direction of and upon
notification from
the | ||||||
| 25 | Governor, the State Comptroller shall direct and the State | ||||||
| 26 | Treasurer shall
transfer
amounts not exceeding a total of | ||||||
| |||||||
| |||||||
| 1 | $80,000,000 from the General Revenue Fund to
the
Tobacco | ||||||
| 2 | Settlement Recovery Fund. Any amounts so transferred shall be
| ||||||
| 3 | re-transferred
from the Tobacco Settlement Recovery Fund to the | ||||||
| 4 | General Revenue Fund at the
direction of and upon notification | ||||||
| 5 | from the Governor, but in any event on or
before June
30, 2004. | ||||||
| 6 | (q) In addition to any other transfers that may be provided | ||||||
| 7 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
| 8 | thereafter, the State Comptroller shall
direct and the
State | ||||||
| 9 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 10 | Revenue
Fund to
the Illinois Military Family Relief Fund. | ||||||
| 11 | (r) In addition to any other transfers that may be provided | ||||||
| 12 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
| 13 | thereafter, the State Comptroller shall
direct and the
State | ||||||
| 14 | Treasurer shall transfer the sum of $1,922,000 from the General | ||||||
| 15 | Revenue
Fund to
the Presidential Library and Museum Operating | ||||||
| 16 | Fund. | ||||||
| 17 | (s) In addition to any other transfers that may be provided | ||||||
| 18 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
| 19 | shall direct and the State Treasurer shall
transfer the
sum of | ||||||
| 20 | $4,800,000 from the Statewide Economic Development Fund to the | ||||||
| 21 | General
Revenue Fund. | ||||||
| 22 | (t) In addition to any other transfers that may be provided | ||||||
| 23 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
| 24 | shall direct and the State Treasurer shall
transfer the
sum of | ||||||
| 25 | $50,000,000 from the General Revenue Fund to the Budget | ||||||
| 26 | Stabilization
Fund. | ||||||
| |||||||
| |||||||
| 1 | (u) On or after July 1, 2004 and until May 1, 2005, in | ||||||
| 2 | addition to any other transfers that may be provided for by | ||||||
| 3 | law, at the direction of and upon notification from the | ||||||
| 4 | Governor, the State Comptroller shall direct and the State | ||||||
| 5 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 6 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 7 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 8 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 9 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 10 | Revenue Fund at the direction of and upon notification from the | ||||||
| 11 | Governor, but in any event on or before June 30, 2005.
| ||||||
| 12 | (v) In addition to any other transfers that may be provided | ||||||
| 13 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
| 14 | practical, the State Comptroller shall direct and the State | ||||||
| 15 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
| 16 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 17 | (w) In addition to any other transfers that may be provided | ||||||
| 18 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
| 19 | practical, the State Comptroller shall direct and the State | ||||||
| 20 | Treasurer shall transfer the sum of $6,445,000 from the General | ||||||
| 21 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 22 | Fund.
| ||||||
| 23 | (x) In addition to any other transfers that may be provided | ||||||
| 24 | for by law, on January 15, 2005, or as soon thereafter as may | ||||||
| 25 | be practical, the State Comptroller shall direct and the State | ||||||
| 26 | Treasurer shall transfer to the General Revenue Fund the | ||||||
| |||||||
| |||||||
| 1 | following sums: | ||||||
| 2 | From the State Crime Laboratory Fund, $200,000; | ||||||
| 3 | From the State Police Wireless Service Emergency Fund, | ||||||
| 4 | $200,000; | ||||||
| 5 | From the State Offender DNA Identification System | ||||||
| 6 | Fund, $800,000; and | ||||||
| 7 | From the State Police Whistleblower Reward and | ||||||
| 8 | Protection Fund, $500,000.
| ||||||
| 9 | (y) Notwithstanding any other provision of law to the | ||||||
| 10 | contrary, in addition to any other transfers that may be | ||||||
| 11 | provided for by law on June 30, 2005, or as soon as may be | ||||||
| 12 | practical thereafter, the State Comptroller shall direct and | ||||||
| 13 | the State Treasurer shall transfer the remaining balance from | ||||||
| 14 | the designated funds into the General Revenue Fund and any | ||||||
| 15 | future deposits that would otherwise be made into these funds | ||||||
| 16 | must instead be made into the General Revenue Fund:
| ||||||
| 17 | (1) the Keep Illinois Beautiful Fund;
| ||||||
| 18 | (2) the
Metropolitan Fair and Exposition Authority | ||||||
| 19 | Reconstruction Fund; | ||||||
| 20 | (3) the
New Technology Recovery Fund; | ||||||
| 21 | (4) the Illinois Rural Bond Bank Trust Fund; | ||||||
| 22 | (5) the ISBE School Bus Driver Permit Fund; | ||||||
| 23 | (6) the
Solid Waste Management Revolving Loan Fund; | ||||||
| 24 | (7)
the State Postsecondary Review Program Fund; | ||||||
| 25 | (8) the
Tourism Attraction Development Matching Grant | ||||||
| 26 | Fund; | ||||||
| |||||||
| |||||||
| 1 | (9) the
Patent and Copyright Fund; | ||||||
| 2 | (10) the
Credit Enhancement Development Fund; | ||||||
| 3 | (11) the
Community Mental Health and Developmental | ||||||
| 4 | Disabilities Services Provider Participation Fee Trust | ||||||
| 5 | Fund; | ||||||
| 6 | (12) the
Nursing Home Grant Assistance Fund; | ||||||
| 7 | (13) the
By-product Material Safety Fund; | ||||||
| 8 | (14) the
Illinois Student Assistance Commission Higher | ||||||
| 9 | EdNet Fund; | ||||||
| 10 | (15) the
DORS State Project Fund; | ||||||
| 11 | (16) the School Technology Revolving Fund; | ||||||
| 12 | (17) the
Energy Assistance Contribution Fund; | ||||||
| 13 | (18) the
Illinois Building Commission Revolving Fund; | ||||||
| 14 | (19) the
Illinois Aquaculture Development Fund; | ||||||
| 15 | (20) the
Homelessness Prevention Fund; | ||||||
| 16 | (21) the
DCFS Refugee Assistance Fund; | ||||||
| 17 | (22) the
Illinois Century Network Special Purposes | ||||||
| 18 | Fund; and | ||||||
| 19 | (23) the
Build Illinois Purposes Fund.
| ||||||
| 20 | (z) In addition to any other transfers that may be provided | ||||||
| 21 | for by law, on July 1, 2005, or as soon as may be practical | ||||||
| 22 | thereafter, the State Comptroller shall direct and the State | ||||||
| 23 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
| 24 | Revenue Fund to the Violence Prevention Fund.
| ||||||
| 25 | (aa) In addition to any other transfers that may be | ||||||
| 26 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
| |||||||
| |||||||
| 1 | practical thereafter, the State Comptroller shall direct and | ||||||
| 2 | the State Treasurer shall transfer the sum of $9,000,000 from | ||||||
| 3 | the General Revenue Fund to the Presidential Library and Museum | ||||||
| 4 | Operating Fund.
| ||||||
| 5 | (bb) In addition to any other transfers that may be | ||||||
| 6 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
| 7 | practical thereafter, the State Comptroller shall direct and | ||||||
| 8 | the State Treasurer shall transfer the sum of $6,803,600 from | ||||||
| 9 | the General Revenue Fund to the Securities Audit and | ||||||
| 10 | Enforcement Fund.
| ||||||
| 11 | (cc) In addition to any other transfers that may be | ||||||
| 12 | provided for by law, on or after July 1, 2005 and until May 1, | ||||||
| 13 | 2006, at the direction of and upon notification from the | ||||||
| 14 | Governor, the State Comptroller shall direct and the State | ||||||
| 15 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 16 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 17 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 18 | re-transferred by the State Comptroller and the State Treasurer | ||||||
| 19 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 20 | Revenue Fund at the direction of and upon notification from the | ||||||
| 21 | Governor, but in any event on or before June 30, 2006.
| ||||||
| 22 | (dd) In addition to any other transfers that may be | ||||||
| 23 | provided for by law, on April 1, 2005, or as soon thereafter as | ||||||
| 24 | may be practical, at the direction of the Director of Public | ||||||
| 25 | Aid (now Director of Healthcare and Family Services), the State | ||||||
| 26 | Comptroller shall direct and the State Treasurer shall transfer | ||||||
| |||||||
| |||||||
| 1 | from the Public Aid Recoveries Trust Fund amounts not to exceed | ||||||
| 2 | $14,000,000 to the Community Mental Health Medicaid Trust Fund. | ||||||
| 3 | (ee) Notwithstanding any other provision of law, on July 1, | ||||||
| 4 | 2006, or as soon thereafter as practical, the State Comptroller | ||||||
| 5 | shall direct and the State Treasurer shall transfer the | ||||||
| 6 | remaining balance from the Illinois Civic Center Bond Fund to | ||||||
| 7 | the Illinois Civic Center Bond Retirement and Interest Fund. | ||||||
| 8 | (ff) In addition to any other transfers that may be | ||||||
| 9 | provided for by law, on and after July 1, 2006 and until June | ||||||
| 10 | 30, 2007, at the direction of and upon notification from the | ||||||
| 11 | Director of the Governor's Office of Management and Budget, the | ||||||
| 12 | State Comptroller shall direct and the State Treasurer shall | ||||||
| 13 | transfer amounts not exceeding a total of $1,900,000 from the | ||||||
| 14 | General Revenue Fund to the Illinois Capital Revolving Loan | ||||||
| 15 | Fund. | ||||||
| 16 | (gg) In addition to any other transfers that may be | ||||||
| 17 | provided for by law, on and after July 1, 2006 and until May 1, | ||||||
| 18 | 2007, at the direction of and upon notification from the | ||||||
| 19 | Governor, the State Comptroller shall direct and the State | ||||||
| 20 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 21 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 22 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 23 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 24 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 25 | Revenue Fund at the direction of and upon notification from the | ||||||
| 26 | Governor, but in any event on or before June 30, 2007. | ||||||
| |||||||
| |||||||
| 1 | (hh) In addition to any other transfers that may be | ||||||
| 2 | provided for by law, on and after July 1, 2006 and until June | ||||||
| 3 | 30, 2007, at the direction of and upon notification from the | ||||||
| 4 | Governor, the State Comptroller shall direct and the State | ||||||
| 5 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
| 6 | Housing Trust Fund to the designated funds not exceeding the | ||||||
| 7 | following amounts: | ||||||
| 8 | DCFS Children's Services Fund.................$2,200,000
| ||||||
| 9 | Department of Corrections Reimbursement | ||||||
| 10 | and Education Fund........................$1,500,000
| ||||||
| 11 | Supplemental Low-Income Energy | ||||||
| 12 | Assistance Fund..............................$75,000
| ||||||
| 13 | (ii) In addition to any other transfers that may be | ||||||
| 14 | provided for by law, on or before August 31, 2006, the Governor | ||||||
| 15 | and the State Comptroller may agree to transfer the surplus | ||||||
| 16 | cash balance from the General Revenue Fund to the Budget | ||||||
| 17 | Stabilization Fund and the Pension Stabilization Fund in equal | ||||||
| 18 | proportions. The determination of the amount of the surplus | ||||||
| 19 | cash balance shall be made by the Governor, with the | ||||||
| 20 | concurrence of the State Comptroller, after taking into account | ||||||
| 21 | the June 30, 2006 balances in the general funds and the actual | ||||||
| 22 | or estimated spending from the general funds during the lapse | ||||||
| 23 | period. Notwithstanding the foregoing, the maximum amount that | ||||||
| 24 | may be transferred under this subsection (ii) is $50,000,000. | ||||||
| 25 | (jj) In addition to any other transfers that may be | ||||||
| 26 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
| |||||||
| |||||||
| 1 | practical, the State Comptroller shall direct and the State | ||||||
| 2 | Treasurer shall transfer the sum of $8,250,000 from the General | ||||||
| 3 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 4 | Fund. | ||||||
| 5 | (kk) In addition to any other transfers that may be | ||||||
| 6 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
| 7 | practical, the State Comptroller shall direct and the State | ||||||
| 8 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 9 | Revenue Fund to the Violence Prevention Fund.
| ||||||
| 10 | (ll) In addition to any other transfers that may be | ||||||
| 11 | provided for by law, on the first day of each calendar quarter | ||||||
| 12 | of the fiscal year beginning July 1, 2006, or as soon | ||||||
| 13 | thereafter as practical, the State Comptroller shall direct and | ||||||
| 14 | the State Treasurer shall transfer from the General Revenue | ||||||
| 15 | Fund amounts equal to one-fourth of $20,000,000 to the | ||||||
| 16 | Renewable Energy Resources Trust Fund. | ||||||
| 17 | (mm) In addition to any other transfers that may be | ||||||
| 18 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
| 19 | practical, the State Comptroller shall direct and the State | ||||||
| 20 | Treasurer shall transfer the sum of $1,320,000 from the General | ||||||
| 21 | Revenue Fund to the I-FLY Fund. | ||||||
| 22 | (nn) In addition to any other transfers that may be | ||||||
| 23 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
| 24 | practical, the State Comptroller shall direct and the State | ||||||
| 25 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
| 26 | Revenue Fund to the African-American HIV/AIDS Response Fund. | ||||||
| |||||||
| |||||||
| 1 | (oo) In addition to any other transfers that may be | ||||||
| 2 | provided for by law, on and after July 1, 2006 and until June | ||||||
| 3 | 30, 2007, at the direction of and upon notification from the | ||||||
| 4 | Governor, the State Comptroller shall direct and the State | ||||||
| 5 | Treasurer shall transfer amounts identified as net receipts | ||||||
| 6 | from the sale of all or part of the Illinois Student Assistance | ||||||
| 7 | Commission loan portfolio from the Student Loan Operating Fund | ||||||
| 8 | to the General Revenue Fund. The maximum amount that may be | ||||||
| 9 | transferred pursuant to this Section is $38,800,000. In | ||||||
| 10 | addition, no transfer may be made pursuant to this Section that | ||||||
| 11 | would have the effect of reducing the available balance in the | ||||||
| 12 | Student Loan Operating Fund to an amount less than the amount | ||||||
| 13 | remaining unexpended and unreserved from the total | ||||||
| 14 | appropriations from the Fund estimated to be expended for the | ||||||
| 15 | fiscal year. The State Treasurer and Comptroller shall transfer | ||||||
| 16 | the amounts designated under this Section as soon as may be | ||||||
| 17 | practical after receiving the direction to transfer from the | ||||||
| 18 | Governor.
| ||||||
| 19 | (pp)
In addition to any other transfers that may be | ||||||
| 20 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
| 21 | practical, the State Comptroller shall direct and the State | ||||||
| 22 | Treasurer shall transfer the sum of $2,000,000 from the General | ||||||
| 23 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
| 24 | (qq) In addition to any other transfers that may be | ||||||
| 25 | provided for by law, on and after July 1, 2007 and until May 1, | ||||||
| 26 | 2008, at the direction of and upon notification from the | ||||||
| |||||||
| |||||||
| 1 | Governor, the State Comptroller shall direct and the State | ||||||
| 2 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 3 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 4 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 5 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 6 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 7 | Revenue Fund at the direction of and upon notification from the | ||||||
| 8 | Governor, but in any event on or before June 30, 2008. | ||||||
| 9 | (rr) In addition to any other transfers that may be | ||||||
| 10 | provided for by law, on and after July 1, 2007 and until June | ||||||
| 11 | 30, 2008, at the direction of and upon notification from the | ||||||
| 12 | Governor, the State Comptroller shall direct and the State | ||||||
| 13 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
| 14 | Housing Trust Fund to the designated funds not exceeding the | ||||||
| 15 | following amounts: | ||||||
| 16 | DCFS Children's Services Fund.................$2,200,000
| ||||||
| 17 | Department of Corrections Reimbursement | ||||||
| 18 | and Education Fund........................$1,500,000
| ||||||
| 19 | Supplemental Low-Income Energy | ||||||
| 20 | Assistance Fund..............................$75,000
| ||||||
| 21 | (ss) In addition to any other transfers that may be | ||||||
| 22 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 23 | practical, the State Comptroller shall direct and the State | ||||||
| 24 | Treasurer shall transfer the sum of $8,250,000 from the General | ||||||
| 25 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 26 | Fund. | ||||||
| |||||||
| |||||||
| 1 | (tt) In addition to any other transfers that may be | ||||||
| 2 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 3 | practical, the State Comptroller shall direct and the State | ||||||
| 4 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 5 | Revenue Fund to the Violence Prevention Fund.
| ||||||
| 6 | (uu) In addition to any other transfers that may be | ||||||
| 7 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 8 | practical, the State Comptroller shall direct and the State | ||||||
| 9 | Treasurer shall transfer the sum of $1,320,000 from the General | ||||||
| 10 | Revenue Fund to the I-FLY Fund. | ||||||
| 11 | (vv) In addition to any other transfers that may be | ||||||
| 12 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 13 | practical, the State Comptroller shall direct and the State | ||||||
| 14 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
| 15 | Revenue Fund to the African-American HIV/AIDS Response Fund. | ||||||
| 16 | (ww) In addition to any other transfers that may be | ||||||
| 17 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 18 | practical, the State Comptroller shall direct and the State | ||||||
| 19 | Treasurer shall transfer the sum of $3,500,000 from the General | ||||||
| 20 | Revenue Fund to the Predatory Lending Database Program Fund. | ||||||
| 21 | (xx) In addition to any other transfers that may be | ||||||
| 22 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 23 | practical, the State Comptroller shall direct and the State | ||||||
| 24 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 25 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 26 | (yy) In addition to any other transfers that may be | ||||||
| |||||||
| |||||||
| 1 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
| 2 | practical, the State Comptroller shall direct and the State | ||||||
| 3 | Treasurer shall transfer the sum of $4,000,000 from the General | ||||||
| 4 | Revenue Fund to the Digital Divide Elimination Infrastructure | ||||||
| 5 | Fund. | ||||||
| 6 | (zz) In addition to any other transfers that may be | ||||||
| 7 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
| 8 | practical, the State Comptroller shall direct and the State | ||||||
| 9 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 10 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 11 | (aaa) In addition to any other transfers that may be | ||||||
| 12 | provided for by law, on and after July 1, 2008 and until May 1, | ||||||
| 13 | 2009, at the direction of and upon notification from the | ||||||
| 14 | Governor, the State Comptroller shall direct and the State | ||||||
| 15 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 16 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 17 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 18 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 19 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 20 | Revenue Fund at the direction of and upon notification from the | ||||||
| 21 | Governor, but in any event on or before June 30, 2009. | ||||||
| 22 | (bbb) In addition to any other transfers that may be | ||||||
| 23 | provided for by law, on and after July 1, 2008 and until June | ||||||
| 24 | 30, 2009, at the direction of and upon notification from the | ||||||
| 25 | Governor, the State Comptroller shall direct and the State | ||||||
| 26 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
| |||||||
| |||||||
| 1 | Housing Trust Fund to the designated funds not exceeding the | ||||||
| 2 | following amounts: | ||||||
| 3 | DCFS Children's Services Fund.............$2,200,000 | ||||||
| 4 | Department of Corrections Reimbursement | ||||||
| 5 | and Education Fund........................$1,500,000 | ||||||
| 6 | Supplemental Low-Income Energy | ||||||
| 7 | Assistance Fund..............................$75,000 | ||||||
| 8 | (ccc) In addition to any other transfers that may be | ||||||
| 9 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
| 10 | practical, the State Comptroller shall direct and the State | ||||||
| 11 | Treasurer shall transfer the sum of $7,450,000 from the General | ||||||
| 12 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 13 | Fund. | ||||||
| 14 | (ddd) In addition to any other transfers that may be | ||||||
| 15 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
| 16 | practical, the State Comptroller shall direct and the State | ||||||
| 17 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 18 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 19 | (eee) In addition to any other transfers that may be | ||||||
| 20 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 21 | practical, the State Comptroller shall direct and the State | ||||||
| 22 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 23 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 24 | (fff) In addition to any other transfers that may be | ||||||
| 25 | provided for by law, on and after July 1, 2009 and until May 1, | ||||||
| 26 | 2010, at the direction of and upon notification from the | ||||||
| |||||||
| |||||||
| 1 | Governor, the State Comptroller shall direct and the State | ||||||
| 2 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 3 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 4 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 5 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 6 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 7 | Revenue Fund at the direction of and upon notification from the | ||||||
| 8 | Governor, but in any event on or before June 30, 2010. | ||||||
| 9 | (ggg) In addition to any other transfers that may be | ||||||
| 10 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 11 | practical, the State Comptroller shall direct and the State | ||||||
| 12 | Treasurer shall transfer the sum of $7,450,000 from the General | ||||||
| 13 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 14 | Fund. | ||||||
| 15 | (hhh) In addition to any other transfers that may be | ||||||
| 16 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 17 | practical, the State Comptroller shall direct and the State | ||||||
| 18 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 19 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 20 | (iii) In addition to any other transfers that may be | ||||||
| 21 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 22 | practical, the State Comptroller shall direct and the State | ||||||
| 23 | Treasurer shall transfer the sum of $100,000 from the General | ||||||
| 24 | Revenue Fund to the Heartsaver AED Fund. | ||||||
| 25 | (jjj) In addition to any other transfers that may be | ||||||
| 26 | provided for by law, on and after July 1, 2009 and until June | ||||||
| |||||||
| |||||||
| 1 | 30, 2010, at the direction of and upon notification from the | ||||||
| 2 | Governor, the State Comptroller shall direct and the State | ||||||
| 3 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 4 | $17,000,000 from the General Revenue Fund to the DCFS | ||||||
| 5 | Children's Services Fund. | ||||||
| 6 | (lll) In addition to any other transfers that may be | ||||||
| 7 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 8 | practical, the State Comptroller shall direct and the State | ||||||
| 9 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 10 | Revenue Fund to the Communications Revolving Fund. | ||||||
| 11 | (mmm) In addition to any other transfers that may be | ||||||
| 12 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 13 | practical, the State Comptroller shall direct and the State | ||||||
| 14 | Treasurer shall transfer the sum of $9,700,000 from the General | ||||||
| 15 | Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||||||
| 16 | Revolving Fund. | ||||||
| 17 | (nnn) In addition to any other transfers that may be | ||||||
| 18 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
| 19 | practical, the State Comptroller shall direct and the State | ||||||
| 20 | Treasurer shall transfer the sum of $565,000 from the FY09 | ||||||
| 21 | Budget Relief Fund to the Horse Racing Fund. | ||||||
| 22 | (ooo) In addition to any other transfers that may be | ||||||
| 23 | provided by law, on July 1, 2009, or as soon thereafter as | ||||||
| 24 | practical, the State Comptroller shall direct and the State | ||||||
| 25 | Treasurer shall transfer the sum of $600,000 from the General | ||||||
| 26 | Revenue Fund to the Temporary Relocation Expenses Revolving | ||||||
| |||||||
| |||||||
| 1 | Fund. | ||||||
| 2 | (ppp) In addition to any other transfers that may be | ||||||
| 3 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 4 | practical, the State Comptroller shall direct and the State | ||||||
| 5 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 6 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 7 | (qqq) In addition to any other transfers that may be | ||||||
| 8 | provided for by law, on and after July 1, 2010 and until May 1, | ||||||
| 9 | 2011, at the direction of and upon notification from the | ||||||
| 10 | Governor, the State Comptroller shall direct and the State | ||||||
| 11 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 12 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 13 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 14 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 15 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 16 | Revenue Fund at the direction of and upon notification from the | ||||||
| 17 | Governor, but in any event on or before June 30, 2011. | ||||||
| 18 | (rrr) In addition to any other transfers that may be | ||||||
| 19 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 20 | practical, the State Comptroller shall direct and the State | ||||||
| 21 | Treasurer shall transfer the sum of $6,675,000 from the General | ||||||
| 22 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 23 | Fund. | ||||||
| 24 | (sss) In addition to any other transfers that may be | ||||||
| 25 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 26 | practical, the State Comptroller shall direct and the State | ||||||
| |||||||
| |||||||
| 1 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 2 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 3 | (ttt) In addition to any other transfers that may be | ||||||
| 4 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 5 | practical, the State Comptroller shall direct and the State | ||||||
| 6 | Treasurer shall transfer the sum of $100,000 from the General | ||||||
| 7 | Revenue Fund to the Heartsaver AED Fund. | ||||||
| 8 | (uuu) In addition to any other transfers that may be | ||||||
| 9 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 10 | practical, the State Comptroller shall direct and the State | ||||||
| 11 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 12 | Revenue Fund to the Communications Revolving Fund. | ||||||
| 13 | (vvv) In addition to any other transfers that may be | ||||||
| 14 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 15 | practical, the State Comptroller shall direct and the State | ||||||
| 16 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
| 17 | Revenue Fund to the Illinois Capital Revolving Loan Fund. | ||||||
| 18 | (www) In addition to any other transfers that may be | ||||||
| 19 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 20 | practical, the State Comptroller shall direct and the State | ||||||
| 21 | Treasurer shall transfer the sum of $17,000,000 from the | ||||||
| 22 | General Revenue Fund to the DCFS Children's Services Fund. | ||||||
| 23 | (xxx) In addition to any other transfers that may be | ||||||
| 24 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
| 25 | practical, the State Comptroller shall direct and the State | ||||||
| 26 | Treasurer shall transfer the sum of $2,000,000 from the Digital | ||||||
| |||||||
| |||||||
| 1 | Divide Elimination Infrastructure Fund, of which $1,000,000 | ||||||
| 2 | shall go to the Workforce, Technology, and Economic Development | ||||||
| 3 | Fund and $1,000,000 to the Public Utility Fund. | ||||||
| 4 | (yyy) In addition to any other transfers that may be | ||||||
| 5 | provided for by law, on and after July 1, 2011 and until May 1, | ||||||
| 6 | 2012, at the direction of and upon notification from the | ||||||
| 7 | Governor, the State Comptroller shall direct and the State | ||||||
| 8 | Treasurer shall transfer amounts not exceeding a total of | ||||||
| 9 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
| 10 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
| 11 | retransferred by the State Comptroller and the State Treasurer | ||||||
| 12 | from the Tobacco Settlement Recovery Fund to the General | ||||||
| 13 | Revenue Fund at the direction of and upon notification from the | ||||||
| 14 | Governor, but in any event on or before June 30, 2012. | ||||||
| 15 | (zzz) In addition to any other transfers that may be | ||||||
| 16 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 17 | practical, the State Comptroller shall direct and the State | ||||||
| 18 | Treasurer shall transfer the sum of $1,000,000 from the General | ||||||
| 19 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
| 20 | (aaaa) In addition to any other transfers that may be | ||||||
| 21 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 22 | practical, the State Comptroller shall direct and the State | ||||||
| 23 | Treasurer shall transfer the sum of $8,000,000 from the General | ||||||
| 24 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 25 | Fund. | ||||||
| 26 | (bbbb) In addition to any other transfers that may be | ||||||
| |||||||
| |||||||
| 1 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 2 | practical, the State Comptroller shall direct and the State | ||||||
| 3 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 4 | Revenue Fund to the Violence Prevention Fund. | ||||||
| 5 | (cccc) In addition to any other transfers that may be | ||||||
| 6 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 7 | practical, the State Comptroller shall direct and the State | ||||||
| 8 | Treasurer shall transfer the sum of $14,100,000 from the | ||||||
| 9 | General Revenue Fund to the State Garage Revolving Fund. | ||||||
| 10 | (dddd) In addition to any other transfers that may be | ||||||
| 11 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 12 | practical, the State Comptroller shall direct and the State | ||||||
| 13 | Treasurer shall transfer the sum of $4,000,000 from the General | ||||||
| 14 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 15 | (eeee) In addition to any other transfers that may be | ||||||
| 16 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
| 17 | practical, the State Comptroller shall direct and the State | ||||||
| 18 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
| 19 | Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||||||
| 20 | Revolving Fund. | ||||||
| 21 | (Source: P.A. 99-933, eff. 1-27-17.)
| ||||||
| 22 | (30 ILCS 105/8g-1) | ||||||
| 23 | Sec. 8g-1. Fund transfers. | ||||||
| 24 | (a) In addition to any other transfers that may be provided | ||||||
| 25 | for by law, on and after July 1, 2012 and until May 1, 2013, at | ||||||
| |||||||
| |||||||
| 1 | the direction of and upon notification from the Governor, the | ||||||
| 2 | State Comptroller shall direct and the State Treasurer shall | ||||||
| 3 | transfer amounts not exceeding a total of $80,000,000 from the | ||||||
| 4 | General Revenue Fund to the Tobacco Settlement Recovery Fund. | ||||||
| 5 | Any amounts so transferred shall be retransferred by the State | ||||||
| 6 | Comptroller and the State Treasurer from the Tobacco Settlement | ||||||
| 7 | Recovery Fund to the General Revenue Fund at the direction of | ||||||
| 8 | and upon notification from the Governor, but in any event on or | ||||||
| 9 | before June 30, 2013.
| ||||||
| 10 | (b) In addition to any other transfers that may be provided | ||||||
| 11 | for by law, on and after July 1, 2013 and until May 1, 2014, at | ||||||
| 12 | the direction of and upon notification from the Governor, the | ||||||
| 13 | State Comptroller shall direct and the State Treasurer shall | ||||||
| 14 | transfer amounts not exceeding a total of $80,000,000 from the | ||||||
| 15 | General Revenue Fund to the Tobacco Settlement Recovery Fund. | ||||||
| 16 | Any amounts so transferred shall be retransferred by the State | ||||||
| 17 | Comptroller and the State Treasurer from the Tobacco Settlement | ||||||
| 18 | Recovery Fund to the General Revenue Fund at the direction of | ||||||
| 19 | and upon notification from the Governor, but in any event on or | ||||||
| 20 | before June 30, 2014. | ||||||
| 21 | (c) In addition to any other transfers that may be provided | ||||||
| 22 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
| 23 | practical, the State Comptroller shall direct and the State | ||||||
| 24 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
| 25 | Revenue Fund to the ICJIA Violence Prevention Fund. | ||||||
| 26 | (d) In addition to any other transfers that may be provided | ||||||
| |||||||
| |||||||
| 1 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
| 2 | practical, the State Comptroller shall direct and the State | ||||||
| 3 | Treasurer shall transfer the sum of $1,500,000 from the General | ||||||
| 4 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
| 5 | (e) In addition to any other transfers that may be provided | ||||||
| 6 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
| 7 | practical, the State Comptroller shall direct and the State | ||||||
| 8 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
| 9 | Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||||||
| 10 | Revolving Fund. | ||||||
| 11 | (f) In addition to any other transfers that may be provided | ||||||
| 12 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
| 13 | practical, the State Comptroller shall direct and the State | ||||||
| 14 | Treasurer shall transfer the sum of $4,000,000 from the General | ||||||
| 15 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
| 16 | (g) In addition to any other transfers that may be provided | ||||||
| 17 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
| 18 | practical, the State Comptroller shall direct and the State | ||||||
| 19 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
| 20 | Revenue Fund to the Communications Revolving Fund. | ||||||
| 21 | (h) In addition to any other transfers that may be provided | ||||||
| 22 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
| 23 | practical, the State Comptroller shall direct and the State | ||||||
| 24 | Treasurer shall transfer the sum of $9,800,000 from the General | ||||||
| 25 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
| 26 | Fund. | ||||||
| |||||||
| |||||||
| 1 | (i) In addition to any other transfers that may be provided | ||||||
| 2 | for by law, on and after July 1, 2014 and until May 1, 2015, at | ||||||
| 3 | the direction of and upon notification from the Governor, the | ||||||
| 4 | State Comptroller shall direct and the State Treasurer shall | ||||||
| 5 | transfer amounts not exceeding a total of $80,000,000 from the | ||||||
| 6 | General Revenue Fund to the Tobacco Settlement Recovery Fund. | ||||||
| 7 | Any amounts so transferred shall be retransferred by the State | ||||||
| 8 | Comptroller and the State Treasurer from the Tobacco Settlement | ||||||
| 9 | Recovery Fund to the General Revenue Fund at the direction of | ||||||
| 10 | and upon notification from the Governor, but in any event on or | ||||||
| 11 | before June 30, 2015. | ||||||
| 12 | (j) In addition to any other transfers that may be provided | ||||||
| 13 | for by law, on July 1, 2014, or as soon thereafter as | ||||||
| 14 | practical, the State Comptroller shall direct and the State | ||||||
| 15 | Treasurer shall transfer the sum of $10,000,000 from the | ||||||
| 16 | General Revenue Fund to the Presidential Library and Museum | ||||||
| 17 | Operating Fund. | ||||||
| 18 | (k) In addition to any other transfers that may be provided | ||||||
| 19 | for by law, on July 1, 2017, or as soon thereafter as | ||||||
| 20 | practical, the State Comptroller shall direct and the State | ||||||
| 21 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
| 22 | Revenue Fund to the Grant Accountability and Transparency Fund. | ||||||
| 23 | (Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; | ||||||
| 24 | 98-674, eff. 6-30-14.)
| ||||||
| 25 | Section 5-20. The State Revenue Sharing Act is amended by | ||||||
| |||||||
| |||||||
| 1 | changing Section 12 as follows:
| ||||||
| 2 | (30 ILCS 115/12) (from Ch. 85, par. 616)
| ||||||
| 3 | Sec. 12. Personal Property Tax Replacement Fund. There is | ||||||
| 4 | hereby
created the Personal Property Tax Replacement Fund, a | ||||||
| 5 | special fund in
the State Treasury into which shall be paid all | ||||||
| 6 | revenue realized:
| ||||||
| 7 | (a) all amounts realized from the additional personal | ||||||
| 8 | property tax
replacement income tax imposed by subsections (c) | ||||||
| 9 | and (d) of Section 201 of the
Illinois Income Tax Act, except | ||||||
| 10 | for those amounts deposited into the Income Tax
Refund Fund | ||||||
| 11 | pursuant to subsection (c) of Section 901 of the Illinois | ||||||
| 12 | Income
Tax Act; and
| ||||||
| 13 | (b) all amounts realized from the additional personal | ||||||
| 14 | property replacement
invested capital taxes imposed by Section | ||||||
| 15 | 2a.1 of the Messages Tax
Act, Section 2a.1 of the Gas Revenue | ||||||
| 16 | Tax Act, Section 2a.1 of the Public
Utilities Revenue Act, and | ||||||
| 17 | Section 3 of the Water Company Invested Capital
Tax Act, and | ||||||
| 18 | amounts payable to the Department of Revenue under the
| ||||||
| 19 | Telecommunications Infrastructure Maintenance Fee Act.
| ||||||
| 20 | As soon as may be after the end of each month, the | ||||||
| 21 | Department of Revenue
shall certify to the Treasurer and the | ||||||
| 22 | Comptroller the amount of all refunds
paid out of the General | ||||||
| 23 | Revenue Fund through the preceding month on account
of | ||||||
| 24 | overpayment of liability on taxes paid into the Personal | ||||||
| 25 | Property Tax
Replacement Fund. Upon receipt of such | ||||||
| |||||||
| |||||||
| 1 | certification, the Treasurer and
the Comptroller shall | ||||||
| 2 | transfer the amount so certified from the Personal
Property Tax | ||||||
| 3 | Replacement Fund into the General Revenue Fund.
| ||||||
| 4 | The payments of revenue into the Personal Property Tax | ||||||
| 5 | Replacement Fund
shall be used exclusively for distribution to | ||||||
| 6 | taxing districts, regional offices and officials, and local | ||||||
| 7 | officials as provided
in this Section and in the School Code, | ||||||
| 8 | payment of the ordinary and contingent expenses of the Property | ||||||
| 9 | Tax Appeal Board, payment of the expenses of the Department of | ||||||
| 10 | Revenue incurred
in administering the collection and | ||||||
| 11 | distribution of monies paid into the
Personal Property Tax | ||||||
| 12 | Replacement Fund and transfers due to refunds to
taxpayers for | ||||||
| 13 | overpayment of liability for taxes paid into the Personal
| ||||||
| 14 | Property Tax Replacement Fund.
| ||||||
| 15 | In addition, moneys in the Personal Property Tax
| ||||||
| 16 | Replacement Fund may be used to pay any of the following: (i) | ||||||
| 17 | salary, stipends, and additional compensation as provided by | ||||||
| 18 | law for chief election clerks, county clerks, and county | ||||||
| 19 | recorders; (ii) costs associated with regional offices of | ||||||
| 20 | education and educational service centers; (iii) | ||||||
| 21 | reimbursements payable by the State Board of Elections under | ||||||
| 22 | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the | ||||||
| 23 | Election Code; (iv) expenses of the Illinois Educational Labor | ||||||
| 24 | Relations Board; and (v) salary, personal services, and | ||||||
| 25 | additional compensation as provided by law for court reporters | ||||||
| 26 | under the Court Reporters Act. | ||||||
| |||||||
| |||||||
| 1 | As soon as may be after the effective date of this | ||||||
| 2 | amendatory Act of 1980,
the Department of Revenue shall certify | ||||||
| 3 | to the Treasurer the amount of net
replacement revenue paid | ||||||
| 4 | into the General Revenue Fund prior to that effective
date from | ||||||
| 5 | the additional tax imposed by Section 2a.1 of the Messages Tax
| ||||||
| 6 | Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of | ||||||
| 7 | the Public
Utilities Revenue Act; Section 3 of the Water | ||||||
| 8 | Company Invested Capital Tax Act;
amounts collected by the | ||||||
| 9 | Department of Revenue under the Telecommunications | ||||||
| 10 | Infrastructure Maintenance Fee Act; and the
additional | ||||||
| 11 | personal
property tax replacement income tax imposed by
the | ||||||
| 12 | Illinois Income Tax Act, as amended by Public
Act 81-1st | ||||||
| 13 | Special Session-1. Net replacement revenue shall be defined as
| ||||||
| 14 | the total amount paid into and remaining in the General Revenue | ||||||
| 15 | Fund as a
result of those Acts minus the amount outstanding and | ||||||
| 16 | obligated from the
General Revenue Fund in state vouchers or | ||||||
| 17 | warrants prior to the effective
date of this amendatory Act of | ||||||
| 18 | 1980 as refunds to taxpayers for overpayment
of liability under | ||||||
| 19 | those Acts.
| ||||||
| 20 | All interest earned by monies accumulated in the Personal | ||||||
| 21 | Property
Tax Replacement Fund shall be deposited in such Fund. | ||||||
| 22 | All amounts allocated
pursuant to this Section are appropriated | ||||||
| 23 | on a continuing basis.
| ||||||
| 24 | Prior to December 31, 1980, as soon as may be after the end | ||||||
| 25 | of each quarter
beginning with the quarter ending December 31, | ||||||
| 26 | 1979, and on and after
December 31, 1980, as soon as may be | ||||||
| |||||||
| |||||||
| 1 | after January 1, March 1, April 1, May
1, July 1, August 1, | ||||||
| 2 | October 1 and December 1 of each year, the Department
of | ||||||
| 3 | Revenue shall allocate to each taxing district as defined in | ||||||
| 4 | Section 1-150
of the Property Tax Code, in accordance with
the | ||||||
| 5 | provisions of paragraph (2) of this Section the portion of the | ||||||
| 6 | funds held
in the Personal Property Tax Replacement Fund which | ||||||
| 7 | is required to be
distributed, as provided in paragraph (1), | ||||||
| 8 | for each quarter. Provided,
however, under no circumstances | ||||||
| 9 | shall any taxing district during each of the
first two years of | ||||||
| 10 | distribution of the taxes imposed by this amendatory Act of
| ||||||
| 11 | 1979 be entitled to an annual allocation which is less than the | ||||||
| 12 | funds such
taxing district collected from the 1978 personal | ||||||
| 13 | property tax. Provided further
that under no circumstances | ||||||
| 14 | shall any taxing district during the third year of
distribution | ||||||
| 15 | of the taxes imposed by this amendatory Act of 1979 receive | ||||||
| 16 | less
than 60% of the funds such taxing district collected from | ||||||
| 17 | the 1978 personal
property tax. In the event that the total of | ||||||
| 18 | the allocations made as above
provided for all taxing | ||||||
| 19 | districts, during either of such 3 years, exceeds the
amount | ||||||
| 20 | available for distribution the allocation of each taxing | ||||||
| 21 | district shall
be proportionately reduced. Except as provided | ||||||
| 22 | in Section 13 of this Act, the
Department shall then certify, | ||||||
| 23 | pursuant to appropriation, such allocations to
the State | ||||||
| 24 | Comptroller who shall pay over to the several taxing districts | ||||||
| 25 | the
respective amounts allocated to them.
| ||||||
| 26 | Any township which receives an allocation based in whole or | ||||||
| |||||||
| |||||||
| 1 | in part upon
personal property taxes which it levied pursuant | ||||||
| 2 | to Section 6-507 or 6-512
of the Illinois Highway Code and | ||||||
| 3 | which was previously
required to be paid
over to a municipality | ||||||
| 4 | shall immediately pay over to that municipality a
proportionate | ||||||
| 5 | share of the personal property replacement funds which such
| ||||||
| 6 | township receives.
| ||||||
| 7 | Any municipality or township, other than a municipality | ||||||
| 8 | with a population
in excess of 500,000, which receives an | ||||||
| 9 | allocation based in whole or in
part on personal property taxes | ||||||
| 10 | which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the | ||||||
| 11 | Illinois Local Library Act and which was
previously
required to | ||||||
| 12 | be paid over to a public library shall immediately pay over
to | ||||||
| 13 | that library a proportionate share of the personal property tax | ||||||
| 14 | replacement
funds which such municipality or township | ||||||
| 15 | receives; provided that if such
a public library has converted | ||||||
| 16 | to a library organized under The Illinois
Public Library | ||||||
| 17 | District Act, regardless of whether such conversion has
| ||||||
| 18 | occurred on, after or before January 1, 1988, such | ||||||
| 19 | proportionate share
shall be immediately paid over to the | ||||||
| 20 | library district which maintains and
operates the library. | ||||||
| 21 | However, any library that has converted prior to January
1, | ||||||
| 22 | 1988, and which hitherto has not received the personal property | ||||||
| 23 | tax
replacement funds, shall receive such funds commencing on | ||||||
| 24 | January 1, 1988.
| ||||||
| 25 | Any township which receives an allocation based in whole or | ||||||
| 26 | in part on
personal property taxes which it levied pursuant to | ||||||
| |||||||
| |||||||
| 1 | Section 1c of the Public
Graveyards Act and which taxes were | ||||||
| 2 | previously required to be paid
over to or used for such public | ||||||
| 3 | cemetery or cemeteries shall immediately
pay over to or use for | ||||||
| 4 | such public cemetery or cemeteries a proportionate
share of the | ||||||
| 5 | personal property tax replacement funds which the township
| ||||||
| 6 | receives.
| ||||||
| 7 | Any taxing district which receives an allocation based in | ||||||
| 8 | whole or in
part upon personal property taxes which it levied | ||||||
| 9 | for another
governmental body or school district in Cook County | ||||||
| 10 | in 1976 or for
another governmental body or school district in | ||||||
| 11 | the remainder of the
State in 1977 shall immediately pay over | ||||||
| 12 | to that governmental body or
school district the amount of | ||||||
| 13 | personal property replacement funds which
such governmental | ||||||
| 14 | body or school district would receive directly under
the | ||||||
| 15 | provisions of paragraph (2) of this Section, had it levied its | ||||||
| 16 | own
taxes.
| ||||||
| 17 | (1) The portion of the Personal Property Tax | ||||||
| 18 | Replacement Fund required to
be
distributed as of the time | ||||||
| 19 | allocation is required to be made shall be the
amount | ||||||
| 20 | available in such Fund as of the time allocation is | ||||||
| 21 | required to be made.
| ||||||
| 22 | The amount available for distribution shall be the | ||||||
| 23 | total amount in the
fund at such time minus the necessary | ||||||
| 24 | administrative and other authorized expenses as limited
by | ||||||
| 25 | the appropriation and the amount determined by: (a) $2.8 | ||||||
| 26 | million for
fiscal year 1981; (b) for fiscal year 1982, | ||||||
| |||||||
| |||||||
| 1 | .54% of the funds distributed
from the fund during the | ||||||
| 2 | preceding fiscal year; (c) for fiscal year 1983
through | ||||||
| 3 | fiscal year 1988, .54% of the funds distributed from the | ||||||
| 4 | fund during
the preceding fiscal year less .02% of such | ||||||
| 5 | fund for fiscal year 1983 and
less .02% of such funds for | ||||||
| 6 | each fiscal year thereafter; (d) for fiscal
year 1989 | ||||||
| 7 | through fiscal year 2011 no more than 105% of the actual | ||||||
| 8 | administrative expenses
of the prior fiscal year; (e) for | ||||||
| 9 | fiscal year 2012 and beyond, a sufficient amount to pay (i) | ||||||
| 10 | stipends, additional compensation, salary reimbursements, | ||||||
| 11 | and other amounts directed to be paid out of this Fund for | ||||||
| 12 | local officials as authorized or required by statute and | ||||||
| 13 | (ii) no more than 105% of the actual administrative | ||||||
| 14 | expenses of the prior fiscal year, including payment of the | ||||||
| 15 | ordinary and contingent expenses of the Property Tax Appeal | ||||||
| 16 | Board and payment of the expenses of the Department of | ||||||
| 17 | Revenue incurred in administering the collection and | ||||||
| 18 | distribution of moneys paid into the Fund; or (f) for | ||||||
| 19 | fiscal years 2012 and 2013 only, a sufficient amount to pay | ||||||
| 20 | stipends, additional compensation, salary reimbursements, | ||||||
| 21 | and other amounts directed to be paid out of this Fund for | ||||||
| 22 | regional offices and officials as authorized or required by | ||||||
| 23 | statute; or (g) for fiscal year 2018 only, a sufficient | ||||||
| 24 | amount to pay amounts directed to be paid out of this Fund | ||||||
| 25 | for public community college base operating grants and | ||||||
| 26 | local health protection grants to certified local health | ||||||
| |||||||
| |||||||
| 1 | departments as authorized or required by appropriation or | ||||||
| 2 | statute. Such portion of the fund shall be determined after
| ||||||
| 3 | the transfer into the General Revenue Fund due to refunds, | ||||||
| 4 | if any, paid
from the General Revenue Fund during the | ||||||
| 5 | preceding quarter. If at any time,
for any reason, there is | ||||||
| 6 | insufficient amount in the Personal Property
Tax | ||||||
| 7 | Replacement Fund for payments for regional offices and | ||||||
| 8 | officials or local officials or payment of costs of | ||||||
| 9 | administration or for transfers
due to refunds at the end | ||||||
| 10 | of any particular month, the amount of such
insufficiency | ||||||
| 11 | shall be carried over for the purposes of payments for | ||||||
| 12 | regional offices and officials, local officials, transfers | ||||||
| 13 | into the
General Revenue Fund, and costs of administration | ||||||
| 14 | to the
following month or months. Net replacement revenue | ||||||
| 15 | held, and defined above,
shall be transferred by the | ||||||
| 16 | Treasurer and Comptroller to the Personal Property
Tax | ||||||
| 17 | Replacement Fund within 10 days of such certification.
| ||||||
| 18 | (2) Each quarterly allocation shall first be | ||||||
| 19 | apportioned in the
following manner: 51.65% for taxing | ||||||
| 20 | districts in Cook County and 48.35%
for taxing districts in | ||||||
| 21 | the remainder of the State.
| ||||||
| 22 | The Personal Property Replacement Ratio of each taxing | ||||||
| 23 | district
outside Cook County shall be the ratio which the Tax | ||||||
| 24 | Base of that taxing
district bears to the Downstate Tax Base. | ||||||
| 25 | The Tax Base of each taxing
district outside of Cook County is | ||||||
| 26 | the personal property tax collections
for that taxing district | ||||||
| |||||||
| |||||||
| 1 | for the 1977 tax year. The Downstate Tax Base
is the personal | ||||||
| 2 | property tax collections for all taxing districts in the
State | ||||||
| 3 | outside of Cook County for the 1977 tax year. The Department of
| ||||||
| 4 | Revenue shall have authority to review for accuracy and | ||||||
| 5 | completeness the
personal property tax collections for each | ||||||
| 6 | taxing district outside Cook
County for the 1977 tax year.
| ||||||
| 7 | The Personal Property Replacement Ratio of each Cook County | ||||||
| 8 | taxing
district shall be the ratio which the Tax Base of that | ||||||
| 9 | taxing district
bears to the Cook County Tax Base. The Tax Base | ||||||
| 10 | of each Cook County
taxing district is the personal property | ||||||
| 11 | tax collections for that taxing
district for the 1976 tax year. | ||||||
| 12 | The Cook County Tax Base is the
personal property tax | ||||||
| 13 | collections for all taxing districts in Cook
County for the | ||||||
| 14 | 1976 tax year. The Department of Revenue shall have
authority | ||||||
| 15 | to review for accuracy and completeness the personal property | ||||||
| 16 | tax
collections for each taxing district within Cook County for | ||||||
| 17 | the 1976 tax year.
| ||||||
| 18 | For all purposes of this Section 12, amounts paid to a | ||||||
| 19 | taxing district
for such tax years as may be applicable by a | ||||||
| 20 | foreign corporation under the
provisions of Section 7-202 of | ||||||
| 21 | the Public Utilities Act, as amended,
shall be deemed to be | ||||||
| 22 | personal property taxes collected by such taxing district
for | ||||||
| 23 | such tax years as may be applicable. The Director shall | ||||||
| 24 | determine from the
Illinois Commerce Commission, for any tax | ||||||
| 25 | year as may be applicable, the
amounts so paid by any such | ||||||
| 26 | foreign corporation to any and all taxing
districts. The | ||||||
| |||||||
| |||||||
| 1 | Illinois Commerce Commission shall furnish such information to
| ||||||
| 2 | the Director. For all purposes of this Section 12, the Director | ||||||
| 3 | shall deem such
amounts to be collected personal property taxes | ||||||
| 4 | of each such taxing district
for the applicable tax year or | ||||||
| 5 | years.
| ||||||
| 6 | Taxing districts located both in Cook County and in one or | ||||||
| 7 | more other
counties shall receive both a Cook County allocation | ||||||
| 8 | and a Downstate
allocation determined in the same way as all | ||||||
| 9 | other taxing districts.
| ||||||
| 10 | If any taxing district in existence on July 1, 1979 ceases | ||||||
| 11 | to exist,
or discontinues its operations, its Tax Base shall | ||||||
| 12 | thereafter be deemed
to be zero. If the powers, duties and | ||||||
| 13 | obligations of the discontinued
taxing district are assumed by | ||||||
| 14 | another taxing district, the Tax Base of
the discontinued | ||||||
| 15 | taxing district shall be added to the Tax Base of the
taxing | ||||||
| 16 | district assuming such powers, duties and obligations.
| ||||||
| 17 | If two or more taxing districts in existence on July 1, | ||||||
| 18 | 1979, or a
successor or successors thereto shall consolidate | ||||||
| 19 | into one taxing
district, the Tax Base of such consolidated | ||||||
| 20 | taxing district shall be the
sum of the Tax Bases of each of | ||||||
| 21 | the taxing districts which have consolidated.
| ||||||
| 22 | If a single taxing district in existence on July 1, 1979, | ||||||
| 23 | or a
successor or successors thereto shall be divided into two | ||||||
| 24 | or more
separate taxing districts, the tax base of the taxing | ||||||
| 25 | district so
divided shall be allocated to each of the resulting | ||||||
| 26 | taxing districts in
proportion to the then current equalized | ||||||
| |||||||
| |||||||
| 1 | assessed value of each resulting
taxing district.
| ||||||
| 2 | If a portion of the territory of a taxing district is | ||||||
| 3 | disconnected
and annexed to another taxing district of the same | ||||||
| 4 | type, the Tax Base of
the taxing district from which | ||||||
| 5 | disconnection was made shall be reduced
in proportion to the | ||||||
| 6 | then current equalized assessed value of the disconnected
| ||||||
| 7 | territory as compared with the then current equalized assessed | ||||||
| 8 | value within the
entire territory of the taxing district prior | ||||||
| 9 | to disconnection, and the
amount of such reduction shall be | ||||||
| 10 | added to the Tax Base of the taxing
district to which | ||||||
| 11 | annexation is made.
| ||||||
| 12 | If a community college district is created after July 1, | ||||||
| 13 | 1979,
beginning on the effective date of this amendatory Act of | ||||||
| 14 | 1995, its Tax Base
shall be 3.5% of the sum of the personal | ||||||
| 15 | property tax collected for the
1977 tax year within the | ||||||
| 16 | territorial jurisdiction of the district.
| ||||||
| 17 | The amounts allocated and paid to taxing districts pursuant | ||||||
| 18 | to
the provisions of this amendatory Act of 1979 shall be | ||||||
| 19 | deemed to be
substitute revenues for the revenues derived from | ||||||
| 20 | taxes imposed on
personal property pursuant to the provisions | ||||||
| 21 | of the "Revenue Act of
1939" or "An Act for the assessment and | ||||||
| 22 | taxation of private car line
companies", approved July 22, | ||||||
| 23 | 1943, as amended, or Section 414 of the
Illinois Insurance | ||||||
| 24 | Code, prior to the abolition of such taxes and shall
be used | ||||||
| 25 | for the same purposes as the revenues derived from ad valorem
| ||||||
| 26 | taxes on real estate.
| ||||||
| |||||||
| |||||||
| 1 | Monies received by any taxing districts from the Personal | ||||||
| 2 | Property
Tax Replacement Fund shall be first applied toward | ||||||
| 3 | payment of the proportionate
amount of debt service which was | ||||||
| 4 | previously levied and collected from
extensions against | ||||||
| 5 | personal property on bonds outstanding as of December 31,
1978 | ||||||
| 6 | and next applied toward payment of the proportionate share of | ||||||
| 7 | the pension
or retirement obligations of the taxing district | ||||||
| 8 | which were previously levied
and collected from extensions | ||||||
| 9 | against personal property. For each such
outstanding bond | ||||||
| 10 | issue, the County Clerk shall determine the percentage of the
| ||||||
| 11 | debt service which was collected from extensions against real | ||||||
| 12 | estate in the
taxing district for 1978 taxes payable in 1979, | ||||||
| 13 | as related to the total amount
of such levies and collections | ||||||
| 14 | from extensions against both real and personal
property. For | ||||||
| 15 | 1979 and subsequent years' taxes, the County Clerk shall levy
| ||||||
| 16 | and extend taxes against the real estate of each taxing | ||||||
| 17 | district which will
yield the said percentage or percentages of | ||||||
| 18 | the debt service on such
outstanding bonds. The balance of the | ||||||
| 19 | amount necessary to fully pay such debt
service shall | ||||||
| 20 | constitute a first and prior lien upon the monies
received by | ||||||
| 21 | each such taxing district through the Personal Property Tax
| ||||||
| 22 | Replacement Fund and shall be first applied or set aside for | ||||||
| 23 | such purpose.
In counties having fewer than 3,000,000 | ||||||
| 24 | inhabitants, the amendments to
this paragraph as made by this | ||||||
| 25 | amendatory Act of 1980 shall be first
applicable to 1980 taxes | ||||||
| 26 | to be collected in 1981.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11; | ||||||
| 2 | 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff. | ||||||
| 3 | 6-30-14.)
| ||||||
| 4 | Section 5-25. The General Obligation Bond Act is amended by | ||||||
| 5 | changing Section 15 as follows:
| ||||||
| 6 | (30 ILCS 330/15) (from Ch. 127, par. 665)
| ||||||
| 7 | Sec. 15. Computation of Principal and Interest; transfers.
| ||||||
| 8 | (a) Upon each delivery of Bonds authorized to be issued | ||||||
| 9 | under this Act,
the Comptroller shall compute and certify to | ||||||
| 10 | the Treasurer the total amount
of principal of, interest on, | ||||||
| 11 | and premium, if any, on Bonds issued that will
be payable in | ||||||
| 12 | order to retire such Bonds, the amount of principal of,
| ||||||
| 13 | interest on and premium, if any, on such Bonds that will be | ||||||
| 14 | payable on each
payment date according to the tenor of such | ||||||
| 15 | Bonds during the then current and
each succeeding fiscal year, | ||||||
| 16 | and the amount of sinking fund payments needed to be deposited | ||||||
| 17 | in connection with Qualified School Construction Bonds | ||||||
| 18 | authorized by subsection (e) of Section 9.
With respect to the | ||||||
| 19 | interest payable on variable rate bonds, such
certifications | ||||||
| 20 | shall be calculated at the maximum rate of interest that
may be | ||||||
| 21 | payable during the fiscal year, after taking into account any | ||||||
| 22 | credits
permitted in the related indenture or other instrument | ||||||
| 23 | against the amount
of such interest required to be appropriated | ||||||
| 24 | for such period pursuant to
subsection (c) of Section 14 of | ||||||
| |||||||
| |||||||
| 1 | this Act. With respect to the interest
payable, such | ||||||
| 2 | certifications shall include the amounts certified by the
| ||||||
| 3 | Director of the
Governor's Office of Management and Budget | ||||||
| 4 | under subsection (b) of Section 9 of
this Act.
| ||||||
| 5 | On or before the last day of each month the State Treasurer | ||||||
| 6 | and Comptroller
shall transfer from (1) the Road Fund with | ||||||
| 7 | respect to Bonds issued under
paragraph (a) of Section 4 of | ||||||
| 8 | this Act, or Bonds issued under authorization in Public Act | ||||||
| 9 | 98-781, or Bonds issued for the purpose of
refunding such | ||||||
| 10 | bonds, and from (2) the General
Revenue Fund, with respect to | ||||||
| 11 | all other Bonds issued under this Act, to the
General | ||||||
| 12 | Obligation Bond Retirement and Interest Fund an amount | ||||||
| 13 | sufficient to
pay the aggregate of the principal of, interest | ||||||
| 14 | on, and premium, if any, on
Bonds payable, by their terms on | ||||||
| 15 | the next payment date divided by the number of
full calendar | ||||||
| 16 | months between the date of such Bonds and the first such | ||||||
| 17 | payment
date, and thereafter, divided by the number of months | ||||||
| 18 | between each succeeding
payment date after the first. Such | ||||||
| 19 | computations and transfers shall be
made for each series of | ||||||
| 20 | Bonds issued and delivered. Interest payable on
variable rate | ||||||
| 21 | bonds shall be calculated at the maximum rate of interest that
| ||||||
| 22 | may be payable for the relevant period, after taking into | ||||||
| 23 | account any credits
permitted in the related indenture or other | ||||||
| 24 | instrument against the amount of
such interest required to be | ||||||
| 25 | appropriated for such period pursuant to
subsection (c) of | ||||||
| 26 | Section 14 of this Act. Computations of interest shall
include | ||||||
| |||||||
| |||||||
| 1 | the amounts certified by the Director of the
Governor's Office | ||||||
| 2 | of Management and Budget
under subsection (b) of Section 9 of | ||||||
| 3 | this Act. Interest for which moneys
have already been deposited | ||||||
| 4 | into the capitalized interest account within the
General | ||||||
| 5 | Obligation Bond Retirement and Interest Fund shall not be | ||||||
| 6 | included
in the calculation of the amounts to be transferred | ||||||
| 7 | under this subsection. Notwithstanding any other provision in | ||||||
| 8 | this Section, the transfer provisions provided in this | ||||||
| 9 | paragraph shall not apply to transfers made in fiscal year 2010 | ||||||
| 10 | or fiscal year 2011 with respect to Bonds issued in fiscal year | ||||||
| 11 | 2010 or fiscal year 2011 pursuant to Section 7.2 of this Act. | ||||||
| 12 | In the case of transfers made in fiscal year 2010 or fiscal | ||||||
| 13 | year 2011 with respect to the Bonds issued in fiscal year 2010 | ||||||
| 14 | or fiscal year 2011 pursuant to Section 7.2 of this Act, on or | ||||||
| 15 | before the 15th day of the month prior to the required debt | ||||||
| 16 | service payment, the State Treasurer and Comptroller shall | ||||||
| 17 | transfer from the General Revenue Fund to the General | ||||||
| 18 | Obligation Bond Retirement and Interest Fund an amount | ||||||
| 19 | sufficient to pay the aggregate of the principal of, interest | ||||||
| 20 | on, and premium, if any, on the Bonds payable in that next | ||||||
| 21 | month.
| ||||||
| 22 | The transfer of monies herein and above directed is not | ||||||
| 23 | required if monies
in the General Obligation Bond Retirement | ||||||
| 24 | and Interest Fund are more than
the amount otherwise to be | ||||||
| 25 | transferred as herein above provided, and if the
Governor or | ||||||
| 26 | his authorized representative notifies the State Treasurer and
| ||||||
| |||||||
| |||||||
| 1 | Comptroller of such fact in writing.
| ||||||
| 2 | (b) After the effective date of this Act, the balance of, | ||||||
| 3 | and monies
directed to be included in the Capital Development | ||||||
| 4 | Bond Retirement and
Interest Fund, Anti-Pollution Bond | ||||||
| 5 | Retirement and Interest Fund,
Transportation Bond, Series A | ||||||
| 6 | Retirement and Interest Fund, Transportation
Bond, Series B | ||||||
| 7 | Retirement and Interest Fund, and Coal Development Bond
| ||||||
| 8 | Retirement and Interest Fund shall be transferred to and | ||||||
| 9 | deposited in the
General Obligation Bond Retirement and | ||||||
| 10 | Interest Fund. This Fund shall be
used to make debt service | ||||||
| 11 | payments on the State's general obligation Bonds
heretofore | ||||||
| 12 | issued which are now outstanding and payable from the Funds | ||||||
| 13 | herein
listed as well as on Bonds issued under this Act.
| ||||||
| 14 | (c) Except as provided in Section 22-3 of the Military Code | ||||||
| 15 | of Illinois, the The unused portion of federal funds received | ||||||
| 16 | for or as reimbursement for a capital
facilities project, as | ||||||
| 17 | authorized by Section 3 of this Act, for which
monies from the | ||||||
| 18 | Capital Development Fund have been expended shall remain in the | ||||||
| 19 | Capital Development Board Contributory Trust Fund and shall be | ||||||
| 20 | used for capital projects and for no other purpose, subject to | ||||||
| 21 | appropriation and as directed by the Capital Development Board. | ||||||
| 22 | Any federal funds received as reimbursement
for the completed | ||||||
| 23 | construction of a capital facilities project, as
authorized by | ||||||
| 24 | Section 3 of this Act, for which monies from the Capital
| ||||||
| 25 | Development Fund have been expended shall be deposited in the | ||||||
| 26 | General
Obligation Bond Retirement and Interest Fund.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-245, eff. 1-1-14.)
| ||||||
| 2 | Section 5-30. The Capital Development Bond Act of 1972 is | ||||||
| 3 | amended by changing Section 9a as follows:
| ||||||
| 4 | (30 ILCS 420/9a) (from Ch. 127, par. 759a)
| ||||||
| 5 | Sec. 9a.
Except as provided in Section 22-3 of the Military | ||||||
| 6 | Code of Illinois, the The unused portion of federal funds | ||||||
| 7 | received for or as reimbursement for a capital improvement
| ||||||
| 8 | project for which moneys from the Capital Development Fund have | ||||||
| 9 | been expended
shall remain in the Capital Development Board | ||||||
| 10 | Contributory Trust Fund and shall be used for capital projects | ||||||
| 11 | and for no other purpose, subject to appropriation and as | ||||||
| 12 | directed by the Capital Development Board. Any federal funds | ||||||
| 13 | received as reimbursement
for the completed construction of a | ||||||
| 14 | capital improvement project for which
moneys from the Capital | ||||||
| 15 | Development Fund have been expended shall be deposited
in the | ||||||
| 16 | Capital Development Bond Retirement and Interest Fund.
| ||||||
| 17 | (Source: P.A. 98-245, eff. 1-1-14.)
| ||||||
| 18 | Section 5-35. The Illinois Coal Technology Development | ||||||
| 19 | Assistance Act is amended by changing Section 3 as follows:
| ||||||
| 20 | (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
| ||||||
| 21 | Sec. 3. Transfers to Coal Technology Development | ||||||
| 22 | Assistance Fund. | ||||||
| |||||||
| |||||||
| 1 | (a) As soon
as may be practicable after the first day of | ||||||
| 2 | each month, the Department of
Revenue shall certify to the | ||||||
| 3 | Treasurer an amount equal to 1/64 of the revenue
realized from | ||||||
| 4 | the tax imposed by the Electricity Excise Tax Law, Section 2
of | ||||||
| 5 | the Public Utilities Revenue Act,
Section 2 of the Messages Tax | ||||||
| 6 | Act, and Section 2 of the Gas Revenue Tax Act,
during the | ||||||
| 7 | preceding month. Upon receipt of the certification, the | ||||||
| 8 | Treasurer
shall transfer the amount shown on such certification | ||||||
| 9 | from the General Revenue
Fund to the Coal Technology | ||||||
| 10 | Development Assistance Fund, which is hereby
created as a | ||||||
| 11 | special fund in the State treasury, except that no transfer | ||||||
| 12 | shall
be made in any month in which the Fund has reached the | ||||||
| 13 | following balance:
| ||||||
| 14 | (1) $7,000,000 during fiscal year 1994.
| ||||||
| 15 | (2) $8,500,000 during fiscal year 1995.
| ||||||
| 16 | (3) $10,000,000 during fiscal years 1996 and 1997.
| ||||||
| 17 | (4) During fiscal year 1998 through fiscal year 2004, | ||||||
| 18 | an amount
equal to the sum of $10,000,000 plus additional | ||||||
| 19 | moneys
deposited into the Coal Technology Development | ||||||
| 20 | Assistance Fund from the
Renewable Energy Resources and | ||||||
| 21 | Coal Technology Development Assistance Charge
under | ||||||
| 22 | Section 6.5 of the Renewable Energy, Energy Efficiency, and | ||||||
| 23 | Coal
Resources Development Law of 1997. | ||||||
| 24 | (5) During fiscal year 2005, an amount equal to the sum | ||||||
| 25 | of $7,000,000 plus additional moneys
deposited into the | ||||||
| 26 | Coal Technology Development Assistance Fund from the
| ||||||
| |||||||
| |||||||
| 1 | Renewable Energy Resources and Coal Technology Development | ||||||
| 2 | Assistance Charge
under Section 6.5 of the Renewable | ||||||
| 3 | Energy, Energy Efficiency, and Coal
Resources Development | ||||||
| 4 | Law of 1997. | ||||||
| 5 | (6) During fiscal year 2006 through fiscal year 2017 | ||||||
| 6 | and each fiscal year thereafter, an amount equal to the sum | ||||||
| 7 | of $10,000,000 plus additional moneys
deposited into the | ||||||
| 8 | Coal Technology Development Assistance Fund from the
| ||||||
| 9 | Renewable Energy Resources and Coal Technology Development | ||||||
| 10 | Assistance Charge
under Section 6.5 of the Renewable | ||||||
| 11 | Energy, Energy Efficiency, and Coal
Resources Development | ||||||
| 12 | Law of 1997.
| ||||||
| 13 | (b) Beginning in fiscal year 2018 and each fiscal year | ||||||
| 14 | thereafter, the Treasurer shall make no further transfers from | ||||||
| 15 | the General Revenue Fund to the Coal Technology Development | ||||||
| 16 | Assistance Fund. | ||||||
| 17 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
| 18 | Section 5-37. The Downstate Public Transportation Act is | ||||||
| 19 | amended by changing Sections 2-2.04, 2-3, and 2-6 as follows:
| ||||||
| 20 | (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
| ||||||
| 21 | Sec. 2-2.04. "Eligible operating expenses" means all | ||||||
| 22 | expenses required
for public transportation, including | ||||||
| 23 | employee wages and benefits,
materials, fuels, supplies, | ||||||
| 24 | rental of facilities, taxes other than income
taxes, payment | ||||||
| |||||||
| |||||||
| 1 | made for debt service (including principal and interest) on
| ||||||
| 2 | publicly owned equipment or facilities, and any other | ||||||
| 3 | expenditure which is
an operating expense according to standard | ||||||
| 4 | accounting practices for the
providing of public | ||||||
| 5 | transportation. Eligible operating expenses shall not
include | ||||||
| 6 | allowances: (a) for depreciation whether funded or unfunded; | ||||||
| 7 | (b)
for amortization of any intangible costs; (c) for debt | ||||||
| 8 | service on capital
acquired with the assistance of capital | ||||||
| 9 | grant funds provided by the State
of Illinois; (d) for profits | ||||||
| 10 | or return on investment; (e) for excessive
payment to | ||||||
| 11 | associated entities; (f) for Comprehensive Employment Training
| ||||||
| 12 | Act expenses; (g) for costs reimbursed under Sections 6 and 8 | ||||||
| 13 | of the "Urban
Mass Transportation Act of 1964", as amended; (h) | ||||||
| 14 | for entertainment
expenses; (i) for charter expenses; (j) for | ||||||
| 15 | fines and penalties; (k) for
charitable donations; (l) for | ||||||
| 16 | interest expense on long term borrowing and
debt retirement | ||||||
| 17 | other than on publicly owned equipment or facilities; (m)
for | ||||||
| 18 | income taxes; or (n) for such other expenses as the Department | ||||||
| 19 | may
determine consistent with federal Department of | ||||||
| 20 | Transportation regulations
or requirements. In consultation | ||||||
| 21 | with participants, the Department shall, by October 2008, | ||||||
| 22 | promulgate or update rules, pursuant to the Illinois | ||||||
| 23 | Administrative Procedure Act, concerning eligible expenses to | ||||||
| 24 | ensure consistent application of the Act, and the Department | ||||||
| 25 | shall provide written copies of those rules to all eligible | ||||||
| 26 | recipients. The Department shall review this process in the | ||||||
| |||||||
| |||||||
| 1 | same manner no less frequently than every 5 years.
| ||||||
| 2 | With respect to participants other than any Metro-East | ||||||
| 3 | Transit District
participant and those receiving federal | ||||||
| 4 | research development and demonstration
funds pursuant to | ||||||
| 5 | Section 6 of the "Urban Mass Transportation Act of 1964",
as | ||||||
| 6 | amended, during the fiscal year ending June 30, 1979, the | ||||||
| 7 | maximum eligible
operating expenses for any such participant in | ||||||
| 8 | any fiscal year after Fiscal
Year 1980 shall be the amount | ||||||
| 9 | appropriated for such participant for the
fiscal year ending | ||||||
| 10 | June 30, 1980, plus in each year a 10% increase over
the | ||||||
| 11 | maximum established for the preceding fiscal year. For Fiscal | ||||||
| 12 | Year
1980 the maximum eligible operating expenses for any such | ||||||
| 13 | participant shall
be the amount of projected operating expenses | ||||||
| 14 | upon which the appropriation
for such participant for Fiscal | ||||||
| 15 | Year 1980 is based.
| ||||||
| 16 | With respect to participants receiving federal research | ||||||
| 17 | development and
demonstration operating assistance funds for | ||||||
| 18 | operating assistance pursuant
to Section 6 of the "Urban Mass | ||||||
| 19 | Transportation Act of 1964", as amended,
during the fiscal year | ||||||
| 20 | ending June 30, 1979, the maximum eligible operating
expenses | ||||||
| 21 | for any such participant in any fiscal year after Fiscal Year | ||||||
| 22 | 1980
shall not exceed such participant's eligible operating | ||||||
| 23 | expenses for the
fiscal year ending June 30, 1980, plus in each | ||||||
| 24 | year a 10% increase over
the maximum established for the | ||||||
| 25 | preceding fiscal year. For Fiscal Year
1980, the maximum | ||||||
| 26 | eligible operating expenses for any such participant shall
be | ||||||
| |||||||
| |||||||
| 1 | the eligible operating expenses incurred during such fiscal | ||||||
| 2 | year, or
projected operating expenses upon which the | ||||||
| 3 | appropriation for such participant
for the Fiscal Year 1980 is | ||||||
| 4 | based; whichever is less.
| ||||||
| 5 | With respect to all participants other than any Metro-East | ||||||
| 6 | Transit
District participant, the maximum eligible operating | ||||||
| 7 | expenses for any such
participant in any fiscal year after | ||||||
| 8 | Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
| ||||||
| 9 | shall be the amount
appropriated for such participant for the | ||||||
| 10 | fiscal year ending June 30, 1985,
plus in each year a 10% | ||||||
| 11 | increase over the maximum established for the preceding
year. | ||||||
| 12 | For Fiscal Year 1985, the maximum eligible operating expenses | ||||||
| 13 | for
any such participant shall be the amount of projected | ||||||
| 14 | operating expenses
upon which the appropriation for such | ||||||
| 15 | participant for Fiscal Year 1985 is
based.
| ||||||
| 16 | With respect to any mass transit district participant that | ||||||
| 17 | has increased
its district boundaries by annexing counties | ||||||
| 18 | since 1998 and is maintaining a
level of local financial | ||||||
| 19 | support, including all income and revenues, equal to
or greater | ||||||
| 20 | than the level in the State fiscal year ending June 30, 2001, | ||||||
| 21 | the
maximum eligible operating expenses for any State fiscal | ||||||
| 22 | year after 2002 (except State fiscal years
2006 through 2009) | ||||||
| 23 | shall
be the amount appropriated for that participant for the | ||||||
| 24 | State fiscal year
ending June 30, 2002, plus, in each State | ||||||
| 25 | fiscal year, a 10% increase over the
preceding State fiscal | ||||||
| 26 | year. For State fiscal year 2002, the maximum eligible
| ||||||
| |||||||
| |||||||
| 1 | operating expenses for any such participant shall be the amount | ||||||
| 2 | of projected
operating expenses upon which the appropriation | ||||||
| 3 | for that participant for State
fiscal year 2002 is based. For | ||||||
| 4 | that participant, eligible operating expenses
for State fiscal | ||||||
| 5 | year 2002 in excess of the eligible operating expenses for the
| ||||||
| 6 | State fiscal year ending June 30, 2001, plus 10%, must be | ||||||
| 7 | attributed to the
provision of services in the newly annexed | ||||||
| 8 | counties. The 10% mandatory
appropriation increase for each | ||||||
| 9 | State fiscal year shall not be applied in State fiscal year | ||||||
| 10 | 2018.
| ||||||
| 11 | With respect to a participant that receives an initial | ||||||
| 12 | appropriation in State
fiscal year 2002 or thereafter, the | ||||||
| 13 | maximum eligible operating expenses for any State fiscal
year | ||||||
| 14 | after 2003 (except State fiscal years
2006 through 2009) shall | ||||||
| 15 | be the amount appropriated for that participant for the
State | ||||||
| 16 | fiscal year in which it received its initial appropriation, | ||||||
| 17 | plus, in each year, a 10% increase over
the preceding year. For | ||||||
| 18 | the initial State fiscal year in which a participant received | ||||||
| 19 | an appropriation, the maximum eligible operating
expenses for | ||||||
| 20 | any such participant shall be the amount of projected operating
| ||||||
| 21 | expenses upon which the appropriation for that participant for | ||||||
| 22 | that State fiscal
year is based. The 10%
mandatory | ||||||
| 23 | appropriation increase for each State fiscal year
shall not be | ||||||
| 24 | applied in State fiscal year 2018.
| ||||||
| 25 | With respect to the District serving primarily the counties | ||||||
| 26 | of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | ||||||
| |||||||
| |||||||
| 1 | County Transit District shall no longer be included for new | ||||||
| 2 | appropriation funding purposes as part of the Metro-East Public | ||||||
| 3 | Transportation Fund and instead shall be included for new | ||||||
| 4 | appropriation funding purposes as part of the Downstate Public | ||||||
| 5 | Transportation Fund; provided, however, that nothing herein | ||||||
| 6 | shall alter the eligibility of that District for previously | ||||||
| 7 | appropriated funds to which it would otherwise be entitled.
| ||||||
| 8 | With respect to the District serving primarily Madison | ||||||
| 9 | County, beginning July 1, 2008, the Madison County Transit | ||||||
| 10 | District shall no longer be included for new appropriation | ||||||
| 11 | funding purposes as part of the Metro-East Public | ||||||
| 12 | Transportation Fund and instead shall be included for new | ||||||
| 13 | appropriation funding purposes as part of the Downstate Public | ||||||
| 14 | Transportation Fund; provided, however, that nothing herein | ||||||
| 15 | shall alter the eligibility of that District for previously | ||||||
| 16 | appropriated funds to which it would otherwise be entitled. | ||||||
| 17 | With respect to the fiscal year beginning July 1, 2007, and | ||||||
| 18 | thereafter, the following shall be included for new | ||||||
| 19 | appropriation funding purposes as part of the Downstate Public | ||||||
| 20 | Transportation Fund: Bond County; Bureau County; Coles County; | ||||||
| 21 | Edgar County; Stephenson County and the City of Freeport; Henry | ||||||
| 22 | County; Jo Daviess County; Kankakee and McLean Counties; Peoria | ||||||
| 23 | County; Piatt County; Shelby County; Tazewell and Woodford | ||||||
| 24 | Counties; Vermilion County; Williamson County; and Kendall | ||||||
| 25 | County.
| ||||||
| 26 | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
| ||||||
| 2 | Sec. 2-3. (a) Except as otherwise provided in subsection | ||||||
| 3 | (f), as As soon as possible after the first day of each month,
| ||||||
| 4 | beginning July 1, 1984, upon certification of the Department of | ||||||
| 5 | Revenue,
the Comptroller shall order transferred, and the | ||||||
| 6 | Treasurer shall
transfer, from the General Revenue Fund to a | ||||||
| 7 | special fund in the State
Treasury which is hereby created, to | ||||||
| 8 | be known as the "Downstate Public
Transportation Fund", an | ||||||
| 9 | amount equal to 2/32 (beginning July 1, 2005, 3/32) of the net | ||||||
| 10 | revenue
realized from the "Retailers' Occupation Tax Act", as | ||||||
| 11 | now or hereafter
amended, the "Service Occupation Tax Act", as | ||||||
| 12 | now or hereafter amended,
the "Use Tax Act", as now or | ||||||
| 13 | hereafter amended, and the "Service Use Tax
Act", as now or | ||||||
| 14 | hereafter amended, from persons incurring municipal or
county | ||||||
| 15 | retailers' or service occupation tax liability for the benefit | ||||||
| 16 | of
any municipality or county located wholly within the | ||||||
| 17 | boundaries of each
participant other than any Metro-East | ||||||
| 18 | Transit District participant
certified pursuant to subsection | ||||||
| 19 | (c) of this Section during the
preceding month, except that the | ||||||
| 20 | Department shall pay into the Downstate
Public Transportation | ||||||
| 21 | Fund 2/32 (beginning July 1, 2005, 3/32) of 80% of the net | ||||||
| 22 | revenue realized under
the State tax Acts named above within | ||||||
| 23 | any municipality or county located
wholly within the boundaries | ||||||
| 24 | of each participant, other than any Metro-East
participant, for | ||||||
| 25 | tax periods beginning on or after January 1, 1990.
Net revenue | ||||||
| |||||||
| |||||||
| 1 | realized for a month shall be the revenue
collected by the | ||||||
| 2 | State pursuant to such Acts during the previous month
from | ||||||
| 3 | persons incurring municipal or county retailers' or service
| ||||||
| 4 | occupation tax liability for the benefit of any municipality or | ||||||
| 5 | county
located wholly within the boundaries of a participant, | ||||||
| 6 | less the amount
paid out during that same month as refunds or | ||||||
| 7 | credit memoranda to
taxpayers for overpayment of liability | ||||||
| 8 | under such Acts for the benefit
of any municipality or county | ||||||
| 9 | located wholly within the boundaries of a
participant.
| ||||||
| 10 | (b) As soon as possible after the first day of each month, | ||||||
| 11 | beginning
July 1, 1989, upon certification of the Department of | ||||||
| 12 | Revenue, the
Comptroller shall order transferred, and the | ||||||
| 13 | Treasurer shall transfer, from
the General Revenue Fund to a | ||||||
| 14 | special fund in the State Treasury which is
hereby created, to | ||||||
| 15 | be known as the "Metro-East Public Transportation Fund",
an | ||||||
| 16 | amount equal to 2/32 of the net revenue realized, as above, | ||||||
| 17 | from within
the boundaries of Madison, Monroe, and St. Clair | ||||||
| 18 | Counties, except that the
Department shall pay into the | ||||||
| 19 | Metro-East Public Transportation Fund 2/32 of
80% of the net | ||||||
| 20 | revenue realized under the State tax Acts specified in
| ||||||
| 21 | subsection (a) of this Section within the boundaries of
| ||||||
| 22 | Madison, Monroe and St. Clair Counties for tax periods | ||||||
| 23 | beginning on or
after January 1, 1990. A local match
equivalent | ||||||
| 24 | to an amount which could be raised by a tax levy at the rate of
| ||||||
| 25 | .05% on the assessed value of property within the boundaries of | ||||||
| 26 | Madison County is required annually to cause a total of 2/32
of | ||||||
| |||||||
| |||||||
| 1 | the net revenue to be deposited in the Metro-East Public | ||||||
| 2 | Transportation
Fund. Failure to raise the required local match | ||||||
| 3 | annually shall result in
only 1/32 being deposited into the | ||||||
| 4 | Metro-East Public Transportation Fund
after July 1, 1989, or | ||||||
| 5 | 1/32 of 80% of the net revenue realized for tax
periods | ||||||
| 6 | beginning on or after January 1, 1990.
| ||||||
| 7 | (b-5) Except as otherwise provided in subsection (f), as As | ||||||
| 8 | soon as possible after the first day of each month, beginning | ||||||
| 9 | July 1, 2005, upon certification of the Department of Revenue, | ||||||
| 10 | the Comptroller shall order transferred, and the Treasurer | ||||||
| 11 | shall transfer, from the General Revenue Fund to the Downstate | ||||||
| 12 | Public Transportation Fund, an amount equal to 3/32 of 80% of | ||||||
| 13 | the net revenue realized from within the boundaries of Monroe | ||||||
| 14 | and St. Clair Counties under the State Tax Acts specified in | ||||||
| 15 | subsection (a) of this Section and provided further that, | ||||||
| 16 | beginning July 1, 2005, the provisions of subsection (b) shall | ||||||
| 17 | no longer apply with respect to such tax receipts from Monroe | ||||||
| 18 | and St. Clair Counties.
| ||||||
| 19 | (b-6) Except as otherwise provided in subsection (f), as As | ||||||
| 20 | soon as possible after the first day of each month, beginning | ||||||
| 21 | July 1, 2008, upon certification by the Department of Revenue, | ||||||
| 22 | the Comptroller shall order transferred and the Treasurer shall | ||||||
| 23 | transfer, from the General Revenue Fund to the Downstate Public | ||||||
| 24 | Transportation Fund, an amount equal to 3/32 of 80% of the net | ||||||
| 25 | revenue realized from within the boundaries of Madison County | ||||||
| 26 | under the State Tax Acts specified in subsection (a) of this | ||||||
| |||||||
| |||||||
| 1 | Section and provided further that, beginning July 1, 2008, the | ||||||
| 2 | provisions of subsection (b) shall no longer apply with respect | ||||||
| 3 | to such tax receipts from Madison County. | ||||||
| 4 | (c) The Department shall certify to the Department of | ||||||
| 5 | Revenue the
eligible participants under this Article and the | ||||||
| 6 | territorial boundaries
of such participants for the purposes of | ||||||
| 7 | the Department of Revenue in
subsections (a) and (b) of this | ||||||
| 8 | Section.
| ||||||
| 9 | (d) For the purposes of this Article, beginning in fiscal | ||||||
| 10 | year 2009, for fiscal years other than State fiscal year 2018, | ||||||
| 11 | the General Assembly shall appropriate
an amount from the | ||||||
| 12 | Downstate Public Transportation Fund equal to the sum total | ||||||
| 13 | funds projected to be paid to the
participants pursuant to | ||||||
| 14 | Section 2-7. If the General Assembly fails to make | ||||||
| 15 | appropriations sufficient to cover the amounts projected to be | ||||||
| 16 | paid pursuant to Section 2-7, this Act shall constitute an | ||||||
| 17 | irrevocable and continuing appropriation from the Downstate | ||||||
| 18 | Public Transportation Fund of all amounts necessary for those | ||||||
| 19 | purposes. | ||||||
| 20 | (e) Notwithstanding anything in this Section to the | ||||||
| 21 | contrary, amounts transferred from the General Revenue Fund to | ||||||
| 22 | the Downstate Public Transportation Fund pursuant to this | ||||||
| 23 | Section shall not exceed $169,000,000 in State fiscal year | ||||||
| 24 | 2012.
| ||||||
| 25 | (f) Notwithstanding anything in this Section to the | ||||||
| 26 | contrary, during each month of State fiscal year 2018, in lieu | ||||||
| |||||||
| |||||||
| 1 | of the transfers required under subsections (a), (b-5), and | ||||||
| 2 | (b-6), the Comptroller shall order transferred and the | ||||||
| 3 | Treasurer shall transfer, from the General Revenue Fund to the | ||||||
| 4 | Downstate Public Transportation Fund, an amount equal to the | ||||||
| 5 | amount transferred from the General Revenue Fund to the | ||||||
| 6 | Downstate Public Transportation Fund in the same month of the | ||||||
| 7 | previous calendar year, including any deficiencies in | ||||||
| 8 | transfers from prior months. | ||||||
| 9 | (Source: P.A. 97-641, eff. 12-19-11.)
| ||||||
| 10 | (30 ILCS 740/2-6) (from Ch. 111 2/3, par. 666)
| ||||||
| 11 | Sec. 2-6. Allocation of funds.
| ||||||
| 12 | (a) With respect to all participants other
than any | ||||||
| 13 | Metro-East
Transit District participant, the Department shall | ||||||
| 14 | allocate the funds to be
made available to each participant | ||||||
| 15 | under this Article for the following
fiscal year and shall | ||||||
| 16 | notify the chief official of each participant not
later than | ||||||
| 17 | the first day of the fiscal year of this amount. For Fiscal | ||||||
| 18 | Year
1975, notification shall be made not later than January 1, | ||||||
| 19 | 1975, of the
amount of such allocation. In determining the | ||||||
| 20 | allocation for each
participant, the Department shall estimate | ||||||
| 21 | the funds available to the
participant from the Downstate | ||||||
| 22 | Public Transportation Fund for the purposes
of this Article | ||||||
| 23 | during the succeeding fiscal year, and shall allocate to
each | ||||||
| 24 | participant the amount attributable to it which shall be the | ||||||
| 25 | amount
paid into the Downstate Public Transportation Fund under | ||||||
| |||||||
| |||||||
| 1 | Section 2-3 from
within its boundaries. Said allocations may be | ||||||
| 2 | exceeded for participants
receiving assistance equal to | ||||||
| 3 | one-third of their eligible
operating expenses, only if an | ||||||
| 4 | allocation is less than one-third of such
participant's | ||||||
| 5 | eligible operating expenses, provided, however, that no other
| ||||||
| 6 | participant is denied its one-third of eligible operating | ||||||
| 7 | expenses. Beginning
in Fiscal Year 1997, said allocation may be | ||||||
| 8 | exceeded for
participants receiving
assistance equal to the | ||||||
| 9 | percentage of their eligible operating
expenses provided for in | ||||||
| 10 | paragraph (b) of Section 2-7, only if
allocation is less than | ||||||
| 11 | the percentage of such participant's
eligible operating | ||||||
| 12 | expenses provided for in paragraph (b) of Section 2-7,
provided | ||||||
| 13 | however, that no other participant is denied its percentage
of | ||||||
| 14 | eligible
operating expenses.
| ||||||
| 15 | (b) With regard to any Metro-East Transit District | ||||||
| 16 | organized under the
Local Mass Transit District Act and serving | ||||||
| 17 | one or more of the Counties of
Madison, Monroe and St. Clair | ||||||
| 18 | during Fiscal Year 1989, the Department shall
allocate the | ||||||
| 19 | funds to be made available to each participant for the
| ||||||
| 20 | following and succeeding fiscal years and shall notify the | ||||||
| 21 | chief official
of each participant not later than the first day | ||||||
| 22 | of the fiscal year of this
amount. Beginning July 1, 2005, and | ||||||
| 23 | ending June 30, 2008, the Department shall allocate the amount | ||||||
| 24 | paid into the
Metro-East Public Transportation Fund to the | ||||||
| 25 | District
serving primarily the County of Madison.
| ||||||
| 26 | (c) With respect to State fiscal year 2018, if the amount | ||||||
| |||||||
| |||||||
| 1 | of required allocations to participants under this Section | ||||||
| 2 | exceeds moneys available in the Downstate Public | ||||||
| 3 | Transportation Fund for those purposes, then moneys available | ||||||
| 4 | in the Downstate Public Transportation Fund shall be allocated | ||||||
| 5 | to participants on a pro-rata basis. | ||||||
| 6 | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
| ||||||
| 7 | Section 5-40. The Illinois Income Tax Act is amended by | ||||||
| 8 | changing Section 901 as follows:
| ||||||
| 9 | (35 ILCS 5/901) (from Ch. 120, par. 9-901) | ||||||
| 10 | Sec. 901. Collection authority. | ||||||
| 11 | (a) In general. | ||||||
| 12 | The Department shall collect the taxes imposed by this Act. | ||||||
| 13 | The Department
shall collect certified past due child support | ||||||
| 14 | amounts under Section 2505-650
of the Department of Revenue Law | ||||||
| 15 | (20 ILCS 2505/2505-650). Except as
provided in subsections (c), | ||||||
| 16 | (e), (f), (g), and (h) of this Section, money collected
| ||||||
| 17 | pursuant to subsections (a) and (b) of Section 201 of this Act | ||||||
| 18 | shall be
paid into the General Revenue Fund in the State | ||||||
| 19 | treasury; money
collected pursuant to subsections (c) and (d) | ||||||
| 20 | of Section 201 of this Act
shall be paid into the Personal | ||||||
| 21 | Property Tax Replacement Fund, a special
fund in the State | ||||||
| 22 | Treasury; and money collected under Section 2505-650 of the
| ||||||
| 23 | Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
| ||||||
| 24 | into the
Child Support Enforcement Trust Fund, a special fund | ||||||
| |||||||
| |||||||
| 1 | outside the State
Treasury, or
to the State
Disbursement Unit | ||||||
| 2 | established under Section 10-26 of the Illinois Public Aid
| ||||||
| 3 | Code, as directed by the Department of Healthcare and Family | ||||||
| 4 | Services. | ||||||
| 5 | (b) Local Government Distributive Fund. | ||||||
| 6 | Beginning August 1, 1969, and continuing through June 30, | ||||||
| 7 | 1994, the Treasurer
shall transfer each month from the General | ||||||
| 8 | Revenue Fund to a special fund in
the State treasury, to be | ||||||
| 9 | known as the "Local Government Distributive Fund", an
amount | ||||||
| 10 | equal to 1/12 of the net revenue realized from the tax imposed | ||||||
| 11 | by
subsections (a) and (b) of Section 201 of this Act during | ||||||
| 12 | the preceding month.
Beginning July 1, 1994, and continuing | ||||||
| 13 | through June 30, 1995, the Treasurer
shall transfer each month | ||||||
| 14 | from the General Revenue Fund to the Local Government
| ||||||
| 15 | Distributive Fund an amount equal to 1/11 of the net revenue | ||||||
| 16 | realized from the
tax imposed by subsections (a) and (b) of | ||||||
| 17 | Section 201 of this Act during the
preceding month. Beginning | ||||||
| 18 | July 1, 1995 and continuing through January 31, 2011, the | ||||||
| 19 | Treasurer shall transfer each
month from the General Revenue | ||||||
| 20 | Fund to the Local Government Distributive Fund
an amount equal | ||||||
| 21 | to the net of (i) 1/10 of the net revenue realized from the
tax | ||||||
| 22 | imposed by
subsections (a) and (b) of Section 201 of the | ||||||
| 23 | Illinois Income Tax Act during
the preceding month
(ii) minus, | ||||||
| 24 | beginning July 1, 2003 and ending June 30, 2004, $6,666,666, | ||||||
| 25 | and
beginning July 1,
2004,
zero. Beginning February 1, 2011, | ||||||
| 26 | and continuing through January 31, 2015, the Treasurer shall | ||||||
| |||||||
| |||||||
| 1 | transfer each month from the General Revenue Fund to the Local | ||||||
| 2 | Government Distributive Fund an amount equal to the sum of (i) | ||||||
| 3 | 6% (10% of the ratio of the 3% individual income tax rate prior | ||||||
| 4 | to 2011 to the 5% individual income tax rate after 2010) of the | ||||||
| 5 | net revenue realized from the tax imposed by subsections (a) | ||||||
| 6 | and (b) of Section 201 of this Act upon individuals, trusts, | ||||||
| 7 | and estates during the preceding month and (ii) 6.86% (10% of | ||||||
| 8 | the ratio of the 4.8% corporate income tax rate prior to 2011 | ||||||
| 9 | to the 7% corporate income tax rate after 2010) of the net | ||||||
| 10 | revenue realized from the tax imposed by subsections (a) and | ||||||
| 11 | (b) of Section 201 of this Act upon corporations during the | ||||||
| 12 | preceding month. Beginning February 1, 2015 and continuing | ||||||
| 13 | through January 31, 2025 (but not including the period | ||||||
| 14 | beginning on July 1, 2017 and ending on June 30, 2018), the | ||||||
| 15 | Treasurer shall transfer each month from the General Revenue | ||||||
| 16 | Fund to the Local Government Distributive Fund an amount equal | ||||||
| 17 | to the sum of (i) 8% (10% of the ratio of the 3% individual | ||||||
| 18 | income tax rate prior to 2011 to the 3.75% individual income | ||||||
| 19 | tax rate after 2014) of the net revenue realized from the tax | ||||||
| 20 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
| 21 | upon individuals, trusts, and estates during the preceding | ||||||
| 22 | month and (ii) 9.14% (10% of the ratio of the 4.8% corporate | ||||||
| 23 | income tax rate prior to 2011 to the 5.25% corporate income tax | ||||||
| 24 | rate after 2014) of the net revenue realized from the tax | ||||||
| 25 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
| 26 | upon corporations during the preceding month. Beginning July 1, | ||||||
| |||||||
| |||||||
| 1 | 2017 and continuing through June 30, 2018, the Treasurer shall | ||||||
| 2 | transfer each month from the General Revenue Fund to the Local | ||||||
| 3 | Government Distributive Fund an amount equal to the amount | ||||||
| 4 | transferred from the General Revenue Fund to the Local | ||||||
| 5 | Government Distributive Fund in the same month of the previous | ||||||
| 6 | calendar year, including any deficiencies in transfers from | ||||||
| 7 | prior months. Beginning February 1, 2025, the Treasurer shall | ||||||
| 8 | transfer each month from the General Revenue Fund to the Local | ||||||
| 9 | Government Distributive Fund an amount equal to the sum of (i) | ||||||
| 10 | 9.23% (10% of the ratio of the 3% individual income tax rate | ||||||
| 11 | prior to 2011 to the 3.25% individual income tax rate after | ||||||
| 12 | 2024) of the net revenue realized from the tax imposed by | ||||||
| 13 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
| 14 | individuals, trusts, and estates during the preceding month and | ||||||
| 15 | (ii) 10% of the net revenue realized from the tax imposed by | ||||||
| 16 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
| 17 | corporations during the preceding month. Net revenue realized | ||||||
| 18 | for a month shall be defined as the
revenue from the tax | ||||||
| 19 | imposed by subsections (a) and (b) of Section 201 of this
Act | ||||||
| 20 | which is deposited in the General Revenue Fund, the Education | ||||||
| 21 | Assistance
Fund, the Income Tax Surcharge Local Government | ||||||
| 22 | Distributive Fund, the Fund for the Advancement of Education, | ||||||
| 23 | and the Commitment to Human Services Fund during the
month | ||||||
| 24 | minus the amount paid out of the General Revenue Fund in State | ||||||
| 25 | warrants
during that same month as refunds to taxpayers for | ||||||
| 26 | overpayment of liability
under the tax imposed by subsections | ||||||
| |||||||
| |||||||
| 1 | (a) and (b) of Section 201 of this Act. | ||||||
| 2 | Beginning on August 26, 2014 (the effective date of Public | ||||||
| 3 | Act 98-1052), the Comptroller shall perform the transfers | ||||||
| 4 | required by this subsection (b) no later than 60 days after he | ||||||
| 5 | or she receives the certification from the Treasurer as | ||||||
| 6 | provided in Section 1 of the State Revenue Sharing Act. | ||||||
| 7 | (c) Deposits Into Income Tax Refund Fund. | ||||||
| 8 | (1) Beginning on January 1, 1989 and thereafter, the | ||||||
| 9 | Department shall
deposit a percentage of the amounts | ||||||
| 10 | collected pursuant to subsections (a)
and (b)(1), (2), and | ||||||
| 11 | (3), of Section 201 of this Act into a fund in the State
| ||||||
| 12 | treasury known as the Income Tax Refund Fund. The | ||||||
| 13 | Department shall deposit 6%
of such amounts during the | ||||||
| 14 | period beginning January 1, 1989 and ending on June
30, | ||||||
| 15 | 1989. Beginning with State fiscal year 1990 and for each | ||||||
| 16 | fiscal year
thereafter, the percentage deposited into the | ||||||
| 17 | Income Tax Refund Fund during a
fiscal year shall be the | ||||||
| 18 | Annual Percentage. For fiscal years 1999 through
2001, the | ||||||
| 19 | Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||||||
| 20 | Annual Percentage shall be 8%.
For fiscal year 2004, the | ||||||
| 21 | Annual Percentage shall be 11.7%. Upon the effective date | ||||||
| 22 | of this amendatory Act of the 93rd General Assembly, the | ||||||
| 23 | Annual Percentage shall be 10% for fiscal year 2005. For | ||||||
| 24 | fiscal year 2006, the Annual Percentage shall be 9.75%. For | ||||||
| 25 | fiscal
year 2007, the Annual Percentage shall be 9.75%. For | ||||||
| 26 | fiscal year 2008, the Annual Percentage shall be 7.75%. For | ||||||
| |||||||
| |||||||
| 1 | fiscal year 2009, the Annual Percentage shall be 9.75%. For | ||||||
| 2 | fiscal year 2010, the Annual Percentage shall be 9.75%. For | ||||||
| 3 | fiscal year 2011, the Annual Percentage shall be 8.75%. For | ||||||
| 4 | fiscal year 2012, the Annual Percentage shall be 8.75%. For | ||||||
| 5 | fiscal year 2013, the Annual Percentage shall be 9.75%. For | ||||||
| 6 | fiscal year 2014, the Annual Percentage shall be 9.5%. For | ||||||
| 7 | fiscal year 2015, the Annual Percentage shall be 10%. For | ||||||
| 8 | fiscal year 2018, the Annual Percentage shall be 9.8%. For | ||||||
| 9 | all other
fiscal years, the
Annual Percentage shall be | ||||||
| 10 | calculated as a fraction, the numerator of which
shall be | ||||||
| 11 | the amount of refunds approved for payment by the | ||||||
| 12 | Department during
the preceding fiscal year as a result of | ||||||
| 13 | overpayment of tax liability under
subsections (a) and | ||||||
| 14 | (b)(1), (2), and (3) of Section 201 of this Act plus the
| ||||||
| 15 | amount of such refunds remaining approved but unpaid at the | ||||||
| 16 | end of the
preceding fiscal year, minus the amounts | ||||||
| 17 | transferred into the Income Tax
Refund Fund from the | ||||||
| 18 | Tobacco Settlement Recovery Fund, and
the denominator of | ||||||
| 19 | which shall be the amounts which will be collected pursuant
| ||||||
| 20 | to subsections (a) and (b)(1), (2), and (3) of Section 201 | ||||||
| 21 | of this Act during
the preceding fiscal year; except that | ||||||
| 22 | in State fiscal year 2002, the Annual
Percentage shall in | ||||||
| 23 | no event exceed 7.6%. The Director of Revenue shall
certify | ||||||
| 24 | the Annual Percentage to the Comptroller on the last | ||||||
| 25 | business day of
the fiscal year immediately preceding the | ||||||
| 26 | fiscal year for which it is to be
effective. | ||||||
| |||||||
| |||||||
| 1 | (2) Beginning on January 1, 1989 and thereafter, the | ||||||
| 2 | Department shall
deposit a percentage of the amounts | ||||||
| 3 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
| 4 | (8), (c) and (d) of Section 201
of this Act into a fund in | ||||||
| 5 | the State treasury known as the Income Tax
Refund Fund. The | ||||||
| 6 | Department shall deposit 18% of such amounts during the
| ||||||
| 7 | period beginning January 1, 1989 and ending on June 30, | ||||||
| 8 | 1989. Beginning
with State fiscal year 1990 and for each | ||||||
| 9 | fiscal year thereafter, the
percentage deposited into the | ||||||
| 10 | Income Tax Refund Fund during a fiscal year
shall be the | ||||||
| 11 | Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||||||
| 12 | the
Annual Percentage shall be 19%.
For fiscal year 2003, | ||||||
| 13 | the Annual Percentage shall be 27%. For fiscal year
2004, | ||||||
| 14 | the Annual Percentage shall be 32%.
Upon the effective date | ||||||
| 15 | of this amendatory Act of the 93rd General Assembly, the | ||||||
| 16 | Annual Percentage shall be 24% for fiscal year 2005.
For | ||||||
| 17 | fiscal year 2006, the Annual Percentage shall be 20%. For | ||||||
| 18 | fiscal
year 2007, the Annual Percentage shall be 17.5%. For | ||||||
| 19 | fiscal year 2008, the Annual Percentage shall be 15.5%. For | ||||||
| 20 | fiscal year 2009, the Annual Percentage shall be 17.5%. For | ||||||
| 21 | fiscal year 2010, the Annual Percentage shall be 17.5%. For | ||||||
| 22 | fiscal year 2011, the Annual Percentage shall be 17.5%. For | ||||||
| 23 | fiscal year 2012, the Annual Percentage shall be 17.5%. For | ||||||
| 24 | fiscal year 2013, the Annual Percentage shall be 14%. For | ||||||
| 25 | fiscal year 2014, the Annual Percentage shall be 13.4%. For | ||||||
| 26 | fiscal year 2015, the Annual Percentage shall be 14%. For | ||||||
| |||||||
| |||||||
| 1 | fiscal year 2018, the Annual Percentage shall be 17.5%. For | ||||||
| 2 | all other fiscal years, the Annual
Percentage shall be | ||||||
| 3 | calculated
as a fraction, the numerator of which shall be | ||||||
| 4 | the amount of refunds
approved for payment by the | ||||||
| 5 | Department during the preceding fiscal year as
a result of | ||||||
| 6 | overpayment of tax liability under subsections (a) and | ||||||
| 7 | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||||||
| 8 | Act plus the
amount of such refunds remaining approved but | ||||||
| 9 | unpaid at the end of the
preceding fiscal year, and the | ||||||
| 10 | denominator of
which shall be the amounts which will be | ||||||
| 11 | collected pursuant to subsections (a)
and (b)(6), (7), and | ||||||
| 12 | (8), (c) and (d) of Section 201 of this Act during the
| ||||||
| 13 | preceding fiscal year; except that in State fiscal year | ||||||
| 14 | 2002, the Annual
Percentage shall in no event exceed 23%. | ||||||
| 15 | The Director of Revenue shall
certify the Annual Percentage | ||||||
| 16 | to the Comptroller on the last business day of
the fiscal | ||||||
| 17 | year immediately preceding the fiscal year for which it is | ||||||
| 18 | to be
effective. | ||||||
| 19 | (3) The Comptroller shall order transferred and the | ||||||
| 20 | Treasurer shall
transfer from the Tobacco Settlement | ||||||
| 21 | Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||||||
| 22 | in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||||||
| 23 | (iii) $35,000,000 in January, 2003. | ||||||
| 24 | (d) Expenditures from Income Tax Refund Fund. | ||||||
| 25 | (1) Beginning January 1, 1989, money in the Income Tax | ||||||
| 26 | Refund Fund
shall be expended exclusively for the purpose | ||||||
| |||||||
| |||||||
| 1 | of paying refunds resulting
from overpayment of tax | ||||||
| 2 | liability under Section 201 of this Act, for paying
rebates | ||||||
| 3 | under Section 208.1 in the event that the amounts in the | ||||||
| 4 | Homeowners'
Tax Relief Fund are insufficient for that | ||||||
| 5 | purpose,
and for
making transfers pursuant to this | ||||||
| 6 | subsection (d). | ||||||
| 7 | (2) The Director shall order payment of refunds | ||||||
| 8 | resulting from
overpayment of tax liability under Section | ||||||
| 9 | 201 of this Act from the
Income Tax Refund Fund only to the | ||||||
| 10 | extent that amounts collected pursuant
to Section 201 of | ||||||
| 11 | this Act and transfers pursuant to this subsection (d)
and | ||||||
| 12 | item (3) of subsection (c) have been deposited and retained | ||||||
| 13 | in the
Fund. | ||||||
| 14 | (3) As soon as possible after the end of each fiscal | ||||||
| 15 | year, the Director
shall
order transferred and the State | ||||||
| 16 | Treasurer and State Comptroller shall
transfer from the | ||||||
| 17 | Income Tax Refund Fund to the Personal Property Tax
| ||||||
| 18 | Replacement Fund an amount, certified by the Director to | ||||||
| 19 | the Comptroller,
equal to the excess of the amount | ||||||
| 20 | collected pursuant to subsections (c) and
(d) of Section | ||||||
| 21 | 201 of this Act deposited into the Income Tax Refund Fund
| ||||||
| 22 | during the fiscal year over the amount of refunds resulting | ||||||
| 23 | from
overpayment of tax liability under subsections (c) and | ||||||
| 24 | (d) of Section 201
of this Act paid from the Income Tax | ||||||
| 25 | Refund Fund during the fiscal year. | ||||||
| 26 | (4) As soon as possible after the end of each fiscal | ||||||
| |||||||
| |||||||
| 1 | year, the Director shall
order transferred and the State | ||||||
| 2 | Treasurer and State Comptroller shall
transfer from the | ||||||
| 3 | Personal Property Tax Replacement Fund to the Income Tax
| ||||||
| 4 | Refund Fund an amount, certified by the Director to the | ||||||
| 5 | Comptroller, equal
to the excess of the amount of refunds | ||||||
| 6 | resulting from overpayment of tax
liability under | ||||||
| 7 | subsections (c) and (d) of Section 201 of this Act paid
| ||||||
| 8 | from the Income Tax Refund Fund during the fiscal year over | ||||||
| 9 | the amount
collected pursuant to subsections (c) and (d) of | ||||||
| 10 | Section 201 of this Act
deposited into the Income Tax | ||||||
| 11 | Refund Fund during the fiscal year. | ||||||
| 12 | (4.5) As soon as possible after the end of fiscal year | ||||||
| 13 | 1999 and of each
fiscal year
thereafter, the Director shall | ||||||
| 14 | order transferred and the State Treasurer and
State | ||||||
| 15 | Comptroller shall transfer from the Income Tax Refund Fund | ||||||
| 16 | to the General
Revenue Fund any surplus remaining in the | ||||||
| 17 | Income Tax Refund Fund as of the end
of such fiscal year; | ||||||
| 18 | excluding for fiscal years 2000, 2001, and 2002
amounts | ||||||
| 19 | attributable to transfers under item (3) of subsection (c) | ||||||
| 20 | less refunds
resulting from the earned income tax credit. | ||||||
| 21 | (5) This Act shall constitute an irrevocable and | ||||||
| 22 | continuing
appropriation from the Income Tax Refund Fund | ||||||
| 23 | for the purpose of paying
refunds upon the order of the | ||||||
| 24 | Director in accordance with the provisions of
this Section. | ||||||
| 25 | (e) Deposits into the Education Assistance Fund and the | ||||||
| 26 | Income Tax
Surcharge Local Government Distributive Fund. | ||||||
| |||||||
| |||||||
| 1 | On July 1, 1991, and thereafter, of the amounts collected | ||||||
| 2 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
| 3 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
| 4 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
| 5 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
| 6 | January 31, 1993, of the amounts collected pursuant to
| ||||||
| 7 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
| 8 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
| 9 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
| 10 | Local Government Distributive Fund in the State
Treasury. | ||||||
| 11 | Beginning February 1, 1993 and continuing through June 30, | ||||||
| 12 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
| 13 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
| 14 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
| 15 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
| 16 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
| 17 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
| 18 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
| 19 | Act, minus deposits into the Income Tax
Refund Fund, the | ||||||
| 20 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
| 21 | Local Government Distributive Fund in the State Treasury. | ||||||
| 22 | (f) Deposits into the Fund for the Advancement of | ||||||
| 23 | Education. Beginning February 1, 2015, the Department shall | ||||||
| 24 | deposit the following portions of the revenue realized from the | ||||||
| 25 | tax imposed upon individuals, trusts, and estates by | ||||||
| 26 | subsections (a) and (b) of Section 201 of this Act during the | ||||||
| |||||||
| |||||||
| 1 | preceding month, minus deposits into the Income Tax Refund | ||||||
| 2 | Fund, into the Fund for the Advancement of Education: | ||||||
| 3 | (1) beginning February 1, 2015, and prior to February | ||||||
| 4 | 1, 2025, 1/30; and | ||||||
| 5 | (2) beginning February 1, 2025, 1/26. | ||||||
| 6 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
| 7 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
| 8 | the Department shall not make the deposits required by this | ||||||
| 9 | subsection (f) on or after the effective date of the reduction. | ||||||
| 10 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
| 11 | Beginning February 1, 2015, the Department shall deposit the | ||||||
| 12 | following portions of the revenue realized from the tax imposed | ||||||
| 13 | upon individuals, trusts, and estates by subsections (a) and | ||||||
| 14 | (b) of Section 201 of this Act during the preceding month, | ||||||
| 15 | minus deposits into the Income Tax Refund Fund, into the | ||||||
| 16 | Commitment to Human Services Fund: | ||||||
| 17 | (1) beginning February 1, 2015, and prior to February | ||||||
| 18 | 1, 2025, 1/30; and | ||||||
| 19 | (2) beginning February 1, 2025, 1/26. | ||||||
| 20 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
| 21 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
| 22 | the Department shall not make the deposits required by this | ||||||
| 23 | subsection (g) on or after the effective date of the reduction. | ||||||
| 24 | (h) Deposits into the Tax Compliance and Administration | ||||||
| 25 | Fund. Beginning on the first day of the first calendar month to | ||||||
| 26 | occur on or after August 26, 2014 (the effective date of Public | ||||||
| |||||||
| |||||||
| 1 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
| 2 | Compliance and Administration Fund, to be used, subject to | ||||||
| 3 | appropriation, to fund additional auditors and compliance | ||||||
| 4 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
| 5 | the cash receipts collected during the preceding fiscal year by | ||||||
| 6 | the Audit Bureau of the Department from the tax imposed by | ||||||
| 7 | subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||||||
| 8 | net of deposits into the Income Tax Refund Fund made from those | ||||||
| 9 | cash receipts. | ||||||
| 10 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; | ||||||
| 11 | 98-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff. | ||||||
| 12 | 7-20-15.)
| ||||||
| 13 | Section 5-43. The Regional Transportation Authority Act is | ||||||
| 14 | amended by changing Section 4.09 as follows:
| ||||||
| 15 | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| ||||||
| 16 | Sec. 4.09. Public Transportation Fund and the Regional | ||||||
| 17 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
| 18 | Fund.
| ||||||
| 19 | (a)(1)
Except as otherwise provided in paragraph (4), as As | ||||||
| 20 | soon as possible after
the first day of each month, beginning | ||||||
| 21 | July 1, 1984, upon certification of
the Department of Revenue, | ||||||
| 22 | the Comptroller shall order transferred and the
Treasurer shall | ||||||
| 23 | transfer from the General Revenue Fund to a special fund in the | ||||||
| 24 | State Treasury to be known as the Public
Transportation Fund an | ||||||
| |||||||
| |||||||
| 1 | amount equal to 25% of the net revenue, before the
deduction of | ||||||
| 2 | the serviceman and retailer discounts pursuant to Section 9 of
| ||||||
| 3 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
| 4 | Occupation
Tax Act, realized from
any tax imposed by the | ||||||
| 5 | Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the | ||||||
| 6 | amounts deposited into the Regional
Transportation Authority | ||||||
| 7 | tax fund created by Section 4.03 of this Act, from
the County | ||||||
| 8 | and Mass Transit District Fund as provided in Section 6z-20 of
| ||||||
| 9 | the State Finance Act and 25% of the amounts deposited into the | ||||||
| 10 | Regional
Transportation Authority Occupation and Use Tax | ||||||
| 11 | Replacement Fund from the
State and Local Sales Tax Reform Fund | ||||||
| 12 | as provided in Section 6z-17 of the
State Finance Act.
On the | ||||||
| 13 | first day of the month following the date that the Department | ||||||
| 14 | receives revenues from increased taxes under Section 4.03(m) as | ||||||
| 15 | authorized by this amendatory Act of the 95th General Assembly, | ||||||
| 16 | in lieu of the transfers authorized in the preceding sentence, | ||||||
| 17 | upon certification of the Department of Revenue, the | ||||||
| 18 | Comptroller shall order transferred and the Treasurer shall | ||||||
| 19 | transfer from the General Revenue Fund to the Public | ||||||
| 20 | Transportation Fund an amount equal to 25% of the net revenue, | ||||||
| 21 | before the deduction of the serviceman and retailer discounts | ||||||
| 22 | pursuant to Section 9 of the Service Occupation Tax Act and | ||||||
| 23 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
| 24 | (i) 80% of the proceeds of any tax imposed by the Authority at | ||||||
| 25 | a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any | ||||||
| 26 | tax imposed by the Authority at the rate of 1% in Cook County, | ||||||
| |||||||
| |||||||
| 1 | and (iii) one-third of the proceeds of any tax imposed by the | ||||||
| 2 | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | ||||||
| 3 | Lake, McHenry, and Will, all pursuant to Section 4.03, and 25% | ||||||
| 4 | of the net revenue realized from any tax imposed by the | ||||||
| 5 | Authority pursuant to Section 4.03.1, and 25% of the amounts | ||||||
| 6 | deposited into the Regional Transportation Authority tax fund | ||||||
| 7 | created by Section 4.03 of this Act from the County and Mass | ||||||
| 8 | Transit District Fund as provided in Section 6z-20 of the State | ||||||
| 9 | Finance Act, and 25% of the amounts deposited into the Regional | ||||||
| 10 | Transportation Authority Occupation and Use Tax Replacement | ||||||
| 11 | Fund from the State and Local Sales Tax Reform Fund as provided | ||||||
| 12 | in Section 6z-17 of the State Finance Act. As used in this | ||||||
| 13 | Section, net revenue realized for a month shall be the revenue
| ||||||
| 14 | collected by the State pursuant to Sections 4.03 and 4.03.1 | ||||||
| 15 | during the
previous month from within the metropolitan region, | ||||||
| 16 | less the amount paid
out during that same month as refunds to | ||||||
| 17 | taxpayers for overpayment of
liability in the metropolitan | ||||||
| 18 | region under Sections 4.03 and 4.03.1.
| ||||||
| 19 | (2) (Blank). On the first day of the month following the | ||||||
| 20 | effective date of this amendatory Act of the 95th General | ||||||
| 21 | Assembly and each month thereafter, upon certification by the | ||||||
| 22 | Department of Revenue, the Comptroller shall order transferred | ||||||
| 23 | and the Treasurer shall transfer from the General Revenue Fund | ||||||
| 24 | to the Public Transportation Fund an amount equal to 5% of the | ||||||
| 25 | net revenue, before the deduction of the serviceman and | ||||||
| 26 | retailer discounts pursuant to Section 9 of the Service | ||||||
| |||||||
| |||||||
| 1 | Occupation Tax Act and Section 3 of the Retailers' Occupation | ||||||
| 2 | Tax Act, realized from any tax imposed by the Authority | ||||||
| 3 | pursuant to Sections 4.03 and 4.03.1 and certified by the | ||||||
| 4 | Department of Revenue under Section 4.03(n) of this Act to be | ||||||
| 5 | paid to the Authority and 5% of the amounts deposited into the | ||||||
| 6 | Regional Transportation Authority tax fund created by Section | ||||||
| 7 | 4.03 of this Act from the County and Mass Transit District Fund | ||||||
| 8 | as provided in Section 6z-20 of the State Finance Act, and 5% | ||||||
| 9 | of the amounts deposited into the Regional Transportation | ||||||
| 10 | Authority Occupation and Use Tax Replacement Fund from the | ||||||
| 11 | State and Local Sales Tax Reform Fund as provided in Section | ||||||
| 12 | 6z-17 of the State Finance Act, and 5% of the revenue realized | ||||||
| 13 | by the Chicago Transit Authority as financial assistance from | ||||||
| 14 | the City of Chicago from the proceeds of any tax imposed by the | ||||||
| 15 | City of Chicago under Section 8-3-19 of the Illinois Municipal | ||||||
| 16 | Code.
| ||||||
| 17 | (3) Except as otherwise provided in paragraph (4), as As | ||||||
| 18 | soon as possible after the first day of January, 2009 and each | ||||||
| 19 | month thereafter, upon certification of the Department of | ||||||
| 20 | Revenue with respect to the taxes collected under Section 4.03, | ||||||
| 21 | the Comptroller shall order transferred and the Treasurer shall | ||||||
| 22 | transfer from the General Revenue Fund to the Public | ||||||
| 23 | Transportation Fund an amount equal to 25% of the net revenue, | ||||||
| 24 | before the deduction of the serviceman and retailer discounts | ||||||
| 25 | pursuant to Section 9 of the Service Occupation Tax Act and | ||||||
| 26 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
| |||||||
| |||||||
| 1 | (i) 20% of the proceeds of any tax imposed by the Authority at | ||||||
| 2 | a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any | ||||||
| 3 | tax imposed by the Authority at the rate of 1% in Cook County, | ||||||
| 4 | and (iii) one-third of the proceeds of any tax imposed by the | ||||||
| 5 | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | ||||||
| 6 | Lake, McHenry, and Will, all pursuant to Section 4.03, and the | ||||||
| 7 | Comptroller shall order transferred and the Treasurer shall | ||||||
| 8 | transfer from the General Revenue Fund to the Public | ||||||
| 9 | Transportation Fund (iv) an amount equal to 25% of the revenue | ||||||
| 10 | realized by the Chicago Transit Authority as financial | ||||||
| 11 | assistance from the City of Chicago from the proceeds of any | ||||||
| 12 | tax imposed by the City of Chicago under Section 8-3-19 of the | ||||||
| 13 | Illinois Municipal Code.
| ||||||
| 14 | (4) Notwithstanding any provision of law to the contrary, | ||||||
| 15 | during State fiscal year 2018 only, of the transfers to be made | ||||||
| 16 | under paragraphs (1) and (3) of this subsection (a) from the | ||||||
| 17 | General Revenue Fund to the Public Transportation Fund, the | ||||||
| 18 | first $100,000,000 that would have otherwise been transferred | ||||||
| 19 | from the General Revenue Fund shall be transferred from the | ||||||
| 20 | Road Fund. The remaining balance of such transfers shall be | ||||||
| 21 | made from the General Revenue Fund.
| ||||||
| 22 | (b)(1) All moneys deposited in the Public Transportation | ||||||
| 23 | Fund and the
Regional Transportation Authority Occupation and | ||||||
| 24 | Use Tax Replacement Fund,
whether deposited pursuant to this | ||||||
| 25 | Section or otherwise, are allocated to
the Authority. The | ||||||
| 26 | Comptroller, as soon as
possible after each monthly transfer | ||||||
| |||||||
| |||||||
| 1 | provided in this Section and after
each deposit into the Public | ||||||
| 2 | Transportation Fund, shall order the Treasurer
to pay to the | ||||||
| 3 | Authority out of the Public Transportation Fund the amount so
| ||||||
| 4 | transferred or deposited. Any Additional State Assistance and | ||||||
| 5 | Additional Financial Assistance paid to the Authority under | ||||||
| 6 | this Section shall be expended by the Authority for its | ||||||
| 7 | purposes as provided in this Act. The balance of the amounts | ||||||
| 8 | paid to the Authority from the Public Transportation Fund shall | ||||||
| 9 | be expended by the Authority as provided in Section 4.03.3. The
| ||||||
| 10 | Comptroller,
as soon as possible after each deposit into the | ||||||
| 11 | Regional Transportation
Authority Occupation and Use Tax | ||||||
| 12 | Replacement Fund provided in this Section
and Section 6z-17 of | ||||||
| 13 | the State Finance Act, shall order the Treasurer
to pay to the | ||||||
| 14 | Authority out of the Regional Transportation Authority
| ||||||
| 15 | Occupation and Use Tax Replacement Fund the amount so | ||||||
| 16 | deposited. Such
amounts paid to the Authority may be expended | ||||||
| 17 | by it for its purposes as
provided in this Act. The provisions | ||||||
| 18 | directing the distributions from the Public Transportation | ||||||
| 19 | Fund and the Regional Transportation Authority Occupation and | ||||||
| 20 | Use Tax Replacement Fund provided for in this Section shall | ||||||
| 21 | constitute an irrevocable and continuing appropriation of all | ||||||
| 22 | amounts as provided herein. The State Treasurer and State | ||||||
| 23 | Comptroller are hereby authorized and directed to make | ||||||
| 24 | distributions as provided in this Section. (2) Provided, | ||||||
| 25 | however, no moneys deposited under subsection (a)
of this | ||||||
| 26 | Section shall be paid from the Public Transportation
Fund to | ||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| 1 | the Authority or its assignee for any fiscal year until the | |||||||||||||||||||||||||||||||||||||||||
| 2 | Authority has certified to
the Governor, the Comptroller, and | |||||||||||||||||||||||||||||||||||||||||
| 3 | the Mayor of the City of Chicago that it
has adopted for that | |||||||||||||||||||||||||||||||||||||||||
| 4 | fiscal year an Annual Budget and Two-Year Financial Plan
| |||||||||||||||||||||||||||||||||||||||||
| 5 | meeting the
requirements in Section 4.01(b).
| |||||||||||||||||||||||||||||||||||||||||
| 6 | (c) In recognition of the efforts of the Authority to | |||||||||||||||||||||||||||||||||||||||||
| 7 | enhance the mass
transportation facilities under its control, | |||||||||||||||||||||||||||||||||||||||||
| 8 | the State shall provide
financial assistance ("Additional | |||||||||||||||||||||||||||||||||||||||||
| 9 | State Assistance") in excess of the
amounts transferred to the | |||||||||||||||||||||||||||||||||||||||||
| 10 | Authority from the General Revenue Fund under
subsection (a) of | |||||||||||||||||||||||||||||||||||||||||
| 11 | this Section. Additional State Assistance shall be
calculated | |||||||||||||||||||||||||||||||||||||||||
| 12 | as provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
| 13 | following
specified amounts with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
| 14 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| 25 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||||||||||||||
| 26 | ("Additional Financial
Assistance") in addition to the | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| 1 | Additional State Assistance provided by
subsection (c) and the | |||||||||||||||||||||||||||||
| 2 | amounts transferred to the Authority from the General
Revenue | |||||||||||||||||||||||||||||
| 3 | Fund under subsection (a) of this Section. Additional Financial
| |||||||||||||||||||||||||||||
| 4 | Assistance provided by this subsection shall be calculated as | |||||||||||||||||||||||||||||
| 5 | provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||
| 6 | following specified amounts
with respect to the following State | |||||||||||||||||||||||||||||
| 7 | fiscal years:
| |||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| 15 | (d) Beginning with State fiscal year 1990 and continuing | |||||||||||||||||||||||||||||
| 16 | for each
State fiscal year thereafter, the Authority shall | |||||||||||||||||||||||||||||
| 17 | annually certify to the
State Comptroller and State Treasurer, | |||||||||||||||||||||||||||||
| 18 | separately with respect to each of
subdivisions (g)(2) and | |||||||||||||||||||||||||||||
| 19 | (g)(3) of Section 4.04 of this Act, the following
amounts:
| |||||||||||||||||||||||||||||
| 20 | (1) The amount necessary and required, during the State | |||||||||||||||||||||||||||||
| 21 | fiscal year with
respect to which the certification is | |||||||||||||||||||||||||||||
| 22 | made, to pay its obligations for debt
service on all | |||||||||||||||||||||||||||||
| 23 | outstanding bonds or notes issued by the Authority under | |||||||||||||||||||||||||||||
| 24 | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this Act.
| |||||||||||||||||||||||||||||
| 25 | (2) An estimate of the amount necessary and required to | |||||||||||||||||||||||||||||
| 26 | pay its
obligations for debt service for any bonds or notes | |||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | which the Authority anticipates it
will issue under | ||||||
| 2 | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | ||||||
| 3 | State fiscal year.
| ||||||
| 4 | (3) Its debt service savings during the preceding State | ||||||
| 5 | fiscal year
from refunding or advance refunding of bonds or | ||||||
| 6 | notes issued under subdivisions
(g)(2) and (g)(3) of | ||||||
| 7 | Section 4.04.
| ||||||
| 8 | (4) The amount of interest, if any, earned by the | ||||||
| 9 | Authority during the
previous State fiscal year on the | ||||||
| 10 | proceeds of bonds or notes issued pursuant to
subdivisions | ||||||
| 11 | (g)(2) and (g)(3) of Section 4.04, other than refunding or | ||||||
| 12 | advance
refunding bonds or notes.
| ||||||
| 13 | The certification shall include a specific
schedule of debt | ||||||
| 14 | service payments, including the date and amount of each
payment | ||||||
| 15 | for all outstanding bonds or notes and an estimated schedule of
| ||||||
| 16 | anticipated debt service for all bonds and notes it intends to | ||||||
| 17 | issue, if any,
during that State fiscal year, including the | ||||||
| 18 | estimated date and estimated
amount of each payment.
| ||||||
| 19 | Immediately upon the issuance of bonds for which an | ||||||
| 20 | estimated schedule
of debt service payments was prepared, the | ||||||
| 21 | Authority shall file an amended
certification with respect to | ||||||
| 22 | item (2) above, to specify the actual
schedule of debt service | ||||||
| 23 | payments, including the date and amount of each
payment, for | ||||||
| 24 | the remainder of the State fiscal year.
| ||||||
| 25 | On the first day of each month of the
State fiscal year in | ||||||
| 26 | which there are bonds outstanding with respect to which
the | ||||||
| |||||||
| |||||||
| 1 | certification is made, the State Comptroller shall order | ||||||
| 2 | transferred and
the State Treasurer shall transfer from the | ||||||
| 3 | Road General Revenue Fund to the
Public Transportation Fund the | ||||||
| 4 | Additional State Assistance and Additional
Financial | ||||||
| 5 | Assistance in an amount equal to the aggregate of
(i) | ||||||
| 6 | one-twelfth of the sum of the amounts certified under items
(1) | ||||||
| 7 | and (3) above less the amount certified under item (4) above, | ||||||
| 8 | plus
(ii)
the amount required to pay debt service on bonds and | ||||||
| 9 | notes
issued during the fiscal year, if any, divided by the | ||||||
| 10 | number of months
remaining in the fiscal year after the date of | ||||||
| 11 | issuance, or some smaller
portion as may be necessary under | ||||||
| 12 | subsection (c)
or (c-5) of this Section for the relevant State | ||||||
| 13 | fiscal year, plus
(iii) any cumulative deficiencies in | ||||||
| 14 | transfers for prior months,
until an amount equal to the
sum of | ||||||
| 15 | the amounts certified under items (1) and (3) above,
plus the | ||||||
| 16 | actual debt service certified under item (2) above,
less the | ||||||
| 17 | amount certified under item (4) above,
has been transferred; | ||||||
| 18 | except that these transfers are subject to the
following | ||||||
| 19 | limits:
| ||||||
| 20 | (A) In no event shall the total transfers in any State | ||||||
| 21 | fiscal
year relating to outstanding bonds and notes issued | ||||||
| 22 | by the Authority under
subdivision (g)(2) of Section 4.04 | ||||||
| 23 | exceed the lesser of the annual maximum
amount specified in | ||||||
| 24 | subsection (c) or the sum of the amounts
certified under | ||||||
| 25 | items (1) and (3) above,
plus the actual debt service | ||||||
| 26 | certified under item (2) above,
less the amount certified | ||||||
| |||||||
| |||||||
| 1 | under item
(4) above, with respect to those bonds and | ||||||
| 2 | notes.
| ||||||
| 3 | (B) In no event shall the total transfers in any State | ||||||
| 4 | fiscal year
relating to outstanding bonds and notes issued | ||||||
| 5 | by the Authority under
subdivision (g)(3) of Section 4.04 | ||||||
| 6 | exceed the lesser of the annual maximum
amount specified in | ||||||
| 7 | subsection (c-5) or the sum of the amounts certified under
| ||||||
| 8 | items (1) and (3) above,
plus the actual debt service | ||||||
| 9 | certified under item (2) above,
less the amount certified | ||||||
| 10 | under item (4) above, with
respect to those bonds and | ||||||
| 11 | notes.
| ||||||
| 12 | The term "outstanding" does not include bonds or notes for | ||||||
| 13 | which
refunding or advance refunding bonds or notes have been | ||||||
| 14 | issued.
| ||||||
| 15 | (e) Neither Additional State Assistance nor Additional | ||||||
| 16 | Financial
Assistance may be pledged, either directly or
| ||||||
| 17 | indirectly as general revenues of the Authority, as security | ||||||
| 18 | for any bonds
issued by the Authority. The Authority may not | ||||||
| 19 | assign its right to receive
Additional State Assistance or | ||||||
| 20 | Additional Financial Assistance, or direct
payment of | ||||||
| 21 | Additional State
Assistance or Additional Financial | ||||||
| 22 | Assistance, to a trustee or any other
entity for the
payment of | ||||||
| 23 | debt service
on its bonds.
| ||||||
| 24 | (f) The certification required under subsection (d) with | ||||||
| 25 | respect to
outstanding bonds and notes of the Authority shall | ||||||
| 26 | be
filed as early as practicable before the beginning of the | ||||||
| |||||||
| |||||||
| 1 | State fiscal
year to which it relates. The certification shall | ||||||
| 2 | be revised as may be
necessary to accurately state the debt | ||||||
| 3 | service requirements of the Authority.
| ||||||
| 4 | (g) Within 6 months of the end of each fiscal year, the | ||||||
| 5 | Authority shall determine: | ||||||
| 6 | (i) whether
the aggregate of all system generated | ||||||
| 7 | revenues for public transportation
in the metropolitan | ||||||
| 8 | region which is provided by, or under grant or purchase
of | ||||||
| 9 | service contracts with, the Service Boards equals 50% of | ||||||
| 10 | the aggregate
of all costs of providing such public | ||||||
| 11 | transportation. "System generated
revenues" include all | ||||||
| 12 | the proceeds of fares and charges for services provided,
| ||||||
| 13 | contributions received in connection with public | ||||||
| 14 | transportation from units
of local government other than | ||||||
| 15 | the Authority, except for contributions received by the | ||||||
| 16 | Chicago Transit Authority from a real estate transfer tax | ||||||
| 17 | imposed under subsection (i) of Section 8-3-19 of the | ||||||
| 18 | Illinois Municipal Code, and from the State pursuant
to | ||||||
| 19 | subsection (i) of Section 2705-305 of the Department of | ||||||
| 20 | Transportation Law
(20 ILCS 2705/2705-305), and all other | ||||||
| 21 | revenues properly included consistent
with generally | ||||||
| 22 | accepted accounting principles but may not include: the | ||||||
| 23 | proceeds
from any borrowing, and, beginning with the 2007 | ||||||
| 24 | fiscal year, all revenues and receipts, including but not | ||||||
| 25 | limited to fares and grants received from the federal, | ||||||
| 26 | State or any unit of local government or other entity, | ||||||
| |||||||
| |||||||
| 1 | derived from providing ADA paratransit service pursuant to | ||||||
| 2 | Section 2.30 of the Regional Transportation Authority Act. | ||||||
| 3 | "Costs" include all items properly included as
operating | ||||||
| 4 | costs consistent with generally accepted accounting | ||||||
| 5 | principles,
including administrative costs, but do not | ||||||
| 6 | include: depreciation; payment
of principal and interest | ||||||
| 7 | on bonds, notes or other evidences of obligations
for | ||||||
| 8 | borrowed money of the Authority; payments with respect to | ||||||
| 9 | public
transportation facilities made pursuant to | ||||||
| 10 | subsection (b) of Section 2.20;
any payments with respect | ||||||
| 11 | to rate protection contracts, credit
enhancements or | ||||||
| 12 | liquidity agreements made under Section 4.14; any other
| ||||||
| 13 | cost as to which it is reasonably expected that a cash
| ||||||
| 14 | expenditure will not be made; costs for passenger
security | ||||||
| 15 | including grants, contracts, personnel, equipment and
| ||||||
| 16 | administrative expenses, except in the case of the Chicago | ||||||
| 17 | Transit
Authority, in which case the term does not include | ||||||
| 18 | costs spent annually by
that entity for protection against | ||||||
| 19 | crime as required by Section 27a of the
Metropolitan | ||||||
| 20 | Transit Authority Act; the costs of Debt Service paid by | ||||||
| 21 | the Chicago Transit Authority, as defined in Section 12c of | ||||||
| 22 | the Metropolitan Transit Authority Act, or bonds or notes | ||||||
| 23 | issued pursuant to that Section; the payment by the | ||||||
| 24 | Commuter Rail Division of debt service on bonds issued | ||||||
| 25 | pursuant to Section 3B.09; expenses incurred by the | ||||||
| 26 | Suburban Bus Division for the cost of new public | ||||||
| |||||||
| |||||||
| 1 | transportation services funded from grants pursuant to | ||||||
| 2 | Section 2.01e of this amendatory Act of the 95th General | ||||||
| 3 | Assembly for a period of 2 years from the date of | ||||||
| 4 | initiation of each such service; costs as exempted by the | ||||||
| 5 | Board for
projects pursuant to Section 2.09 of this Act; | ||||||
| 6 | or, beginning with the 2007 fiscal year, expenses related | ||||||
| 7 | to providing ADA paratransit service pursuant to Section | ||||||
| 8 | 2.30 of the Regional Transportation Authority Act; or in | ||||||
| 9 | fiscal years 2008 through 2012 inclusive, costs in the | ||||||
| 10 | amount of $200,000,000 in fiscal year 2008, reducing by | ||||||
| 11 | $40,000,000 in each fiscal year thereafter until this | ||||||
| 12 | exemption is eliminated. If said system generated
revenues | ||||||
| 13 | are less than 50% of said costs, the Board shall remit an | ||||||
| 14 | amount
equal to the amount of the deficit to the State. The | ||||||
| 15 | Treasurer shall
deposit any such payment in the Road | ||||||
| 16 | General Revenue Fund; and
| ||||||
| 17 | (ii) whether, beginning with the 2007 fiscal year, the | ||||||
| 18 | aggregate of all fares charged and received for ADA | ||||||
| 19 | paratransit services equals the system generated ADA | ||||||
| 20 | paratransit services revenue recovery ratio percentage of | ||||||
| 21 | the aggregate of all costs of providing such ADA | ||||||
| 22 | paratransit services.
| ||||||
| 23 | (h) If the Authority makes any payment to the State under | ||||||
| 24 | paragraph (g),
the Authority shall reduce the amount provided | ||||||
| 25 | to a Service Board from funds
transferred under paragraph (a) | ||||||
| 26 | in proportion to the amount by which
that Service Board failed | ||||||
| |||||||
| |||||||
| 1 | to meet its required system generated revenues
recovery ratio. | ||||||
| 2 | A Service Board which is affected by a reduction in funds
under | ||||||
| 3 | this paragraph shall submit to the Authority concurrently with | ||||||
| 4 | its
next due quarterly report a revised budget incorporating | ||||||
| 5 | the reduction in
funds. The revised budget must meet the | ||||||
| 6 | criteria specified in clauses (i)
through (vi) of Section | ||||||
| 7 | 4.11(b)(2). The Board shall review and act on the
revised | ||||||
| 8 | budget as provided in Section 4.11(b)(3).
| ||||||
| 9 | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08; | ||||||
| 10 | 95-906, eff. 8-26-08.)
| ||||||
| 11 | Section 5-50. The Public Community College Act is amended | ||||||
| 12 | by changing Section 5-11 as follows:
| ||||||
| 13 | (110 ILCS 805/5-11) (from Ch. 122, par. 105-11)
| ||||||
| 14 | Sec. 5-11.
Any public community college which subsequent to | ||||||
| 15 | July 1,
1972 but before July 1, 2016, commenced construction of | ||||||
| 16 | any facilities approved by the State Board
and the Illinois | ||||||
| 17 | Board of Higher Education may, after completion thereof,
apply | ||||||
| 18 | to the State for a grant for expenditures made by the community | ||||||
| 19 | college
from its own funds for building purposes for such | ||||||
| 20 | facilities in excess of
25% of the cost of such facilities as | ||||||
| 21 | approved by the State Board and the
Illinois Board of Higher | ||||||
| 22 | Education. Any public community college that, on or after July | ||||||
| 23 | 1, 2016, commenced construction of any facilities approved by | ||||||
| 24 | the State Board may, after completion thereof,
apply to the | ||||||
| |||||||
| |||||||
| 1 | State for a grant for expenditures made by the community | ||||||
| 2 | college
from its own funds for building purposes for such | ||||||
| 3 | facilities in excess of
25% of the cost of such facilities as | ||||||
| 4 | approved by the State Board. A grant shall be contingent upon
| ||||||
| 5 | said community college having otherwise complied with Sections | ||||||
| 6 | 5-3, 5-4,
5-5 and 5-10 of this Act.
| ||||||
| 7 | If any payments or contributions of any kind which are | ||||||
| 8 | based upon, or
are to be applied to, the cost of such | ||||||
| 9 | construction are received from the
Federal government, or an | ||||||
| 10 | agency thereof, subsequent to receipt of the grant
herein | ||||||
| 11 | provided, the amount of such subsequent payment or | ||||||
| 12 | contributions shall be
paid over to the Capital Development | ||||||
| 13 | Board by the community college for deposit in the
Capital | ||||||
| 14 | Development Board Contributory Trust Bond Interest and | ||||||
| 15 | Retirement Fund.
| ||||||
| 16 | (Source: P.A. 99-655, eff. 7-28-16.)
| ||||||
| 17 | Section 5-55. The Nurse Practice Act is amended by changing | ||||||
| 18 | Section 70-50 as follows:
| ||||||
| 19 | (225 ILCS 65/70-50)
(was 225 ILCS 65/20-40)
| ||||||
| 20 | (Section scheduled to be repealed on January 1, 2018)
| ||||||
| 21 | Sec. 70-50. Fund. | ||||||
| 22 | (a) There is hereby created within the State Treasury the
| ||||||
| 23 | Nursing Dedicated and Professional Fund. The monies in the Fund | ||||||
| 24 | may be
used by and at the direction of the Department for the | ||||||
| |||||||
| |||||||
| 1 | administration and
enforcement of this Act, including but not | ||||||
| 2 | limited to:
| ||||||
| 3 | (1) Distribution and publication of this Act and rules.
| ||||||
| 4 | (2) Employment of secretarial, nursing, | ||||||
| 5 | administrative, enforcement, and
other staff for the | ||||||
| 6 | administration of this Act.
| ||||||
| 7 | (b) Disposition of fees:
| ||||||
| 8 | (1) $5 of every licensure fee shall be placed in a fund | ||||||
| 9 | for assistance to nurses enrolled in a diversionary program | ||||||
| 10 | as approved by the Department.
| ||||||
| 11 | (2) All of the fees, fines, and penalties
collected | ||||||
| 12 | pursuant to
this Act shall be deposited in the Nursing | ||||||
| 13 | Dedicated and Professional Fund.
| ||||||
| 14 | (3) Each fiscal year, the moneys deposited
in the | ||||||
| 15 | Nursing Dedicated and Professional Fund shall be | ||||||
| 16 | appropriated to the
Department for expenses of the | ||||||
| 17 | Department and the Board in the
administration of this Act. | ||||||
| 18 | All earnings received from investment of
moneys in the | ||||||
| 19 | Nursing Dedicated and Professional Fund shall be
deposited | ||||||
| 20 | in the Nursing Dedicated and Professional Fund and shall be | ||||||
| 21 | used
for the same purposes as fees deposited in the Fund.
| ||||||
| 22 | (4) For the fiscal year beginning July 1, 2009 and for
| ||||||
| 23 | each fiscal
year thereafter, $2,000,000 of the moneys | ||||||
| 24 | deposited in the
Nursing Dedicated
and Professional Fund | ||||||
| 25 | each year shall be set aside and appropriated to the
| ||||||
| 26 | Department of Public Health for nursing scholarships | ||||||
| |||||||
| |||||||
| 1 | awarded pursuant to
the Nursing Education Scholarship Law.
| ||||||
| 2 | Representatives
of the Department and the Nursing | ||||||
| 3 | Education Scholarship Program Advisory
Council shall | ||||||
| 4 | review this requirement and
the scholarship awards every 2 | ||||||
| 5 | years.
| ||||||
| 6 | (5) Moneys in the Fund may be transferred to the | ||||||
| 7 | Professions
Indirect Cost Fund as authorized under Section | ||||||
| 8 | 2105-300 of the
Department of Professional Regulation Law | ||||||
| 9 | (20 ILCS 2105/2105-300).
| ||||||
| 10 | (6) For the fiscal year beginning July 1, 2017, a | ||||||
| 11 | portion of the moneys deposited in the Nursing Dedicated | ||||||
| 12 | and Professional Fund shall be appropriated to the Board of | ||||||
| 13 | Higher Education, the Illinois Community College Board, | ||||||
| 14 | and the Illinois Student Assistance Commission for grants | ||||||
| 15 | and programs to support nursing education. | ||||||
| 16 | (c)
Moneys set aside for nursing scholarships awarded | ||||||
| 17 | pursuant to
the Nursing Education Scholarship Law as provided | ||||||
| 18 | in item (4)
of subsection (b)
of this Section may not be | ||||||
| 19 | transferred under Section 8h of the State Finance Act. | ||||||
| 20 | (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07; | ||||||
| 21 | 96-328, eff. 8-11-09; 96-805, eff. 10-30-09.)
| ||||||
| 22 | Section 5-60. The Illinois Public Aid Code is amended by | ||||||
| 23 | adding Section 5-5.4i as follows:
| ||||||
| 24 | (305 ILCS 5/5-5.4i new) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-5.4i. Rates and reimbursements. On or before July 1, | ||||||
| 2 | 2018, the Department shall increase rates and reimbursements to | ||||||
| 3 | fund a minimum of a $0.50 per hour wage increase for front-line | ||||||
| 4 | personnel, including, but not limited to, direct support | ||||||
| 5 | persons, aides, front-line supervisors, qualified intellectual | ||||||
| 6 | disabilities professionals, nurses, and non-administrative | ||||||
| 7 | support staff working in community-based provider | ||||||
| 8 | organizations serving individuals with developmental | ||||||
| 9 | disabilities.
| ||||||
| 10 | ARTICLE 10. RETIREMENT CONTRIBUTIONS | ||||||
| 11 | Section 10-5. The State Finance Act is amended by changing | ||||||
| 12 | Sections 8.12 and 14.1 as follows:
| ||||||
| 13 | (30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
| ||||||
| 14 | Sec. 8.12. State Pensions Fund.
| ||||||
| 15 | (a) The moneys in the State Pensions Fund shall be used | ||||||
| 16 | exclusively
for the administration of the Uniform Disposition | ||||||
| 17 | of Unclaimed Property Act and
for the expenses incurred by the | ||||||
| 18 | Auditor General for administering the provisions of Section | ||||||
| 19 | 2-8.1 of the Illinois State Auditing Act and for the funding of | ||||||
| 20 | the unfunded liabilities of the designated retirement systems. | ||||||
| 21 | Beginning in State fiscal year 2019 2018, payments to the | ||||||
| 22 | designated retirement systems under this Section shall be in | ||||||
| 23 | addition to, and not in lieu of, any State contributions | ||||||
| |||||||
| |||||||
| 1 | required under the Illinois Pension Code.
| ||||||
| 2 | "Designated retirement systems" means:
| ||||||
| 3 | (1) the State Employees' Retirement System of | ||||||
| 4 | Illinois;
| ||||||
| 5 | (2) the Teachers' Retirement System of the State of | ||||||
| 6 | Illinois;
| ||||||
| 7 | (3) the State Universities Retirement System;
| ||||||
| 8 | (4) the Judges Retirement System of Illinois; and
| ||||||
| 9 | (5) the General Assembly Retirement System.
| ||||||
| 10 | (b) Each year the General Assembly may make appropriations | ||||||
| 11 | from
the State Pensions Fund for the administration of the | ||||||
| 12 | Uniform Disposition of
Unclaimed Property Act.
| ||||||
| 13 | Each month, the Commissioner of the Office of Banks and | ||||||
| 14 | Real Estate shall
certify to the State Treasurer the actual | ||||||
| 15 | expenditures that the Office of
Banks and Real Estate incurred | ||||||
| 16 | conducting unclaimed property examinations under
the Uniform | ||||||
| 17 | Disposition of Unclaimed Property Act during the immediately
| ||||||
| 18 | preceding month. Within a reasonable
time following the | ||||||
| 19 | acceptance of such certification by the State Treasurer, the
| ||||||
| 20 | State Treasurer shall pay from its appropriation from the State | ||||||
| 21 | Pensions Fund
to the Bank and Trust Company Fund, the Savings | ||||||
| 22 | Bank Regulatory Fund, and the Residential Finance
Regulatory | ||||||
| 23 | Fund an amount equal to the expenditures incurred by each Fund | ||||||
| 24 | for
that month.
| ||||||
| 25 | Each month, the Director of Financial Institutions shall
| ||||||
| 26 | certify to the State Treasurer the actual expenditures that the | ||||||
| |||||||
| |||||||
| 1 | Department of
Financial Institutions incurred conducting | ||||||
| 2 | unclaimed property examinations
under the Uniform Disposition | ||||||
| 3 | of Unclaimed Property Act during the immediately
preceding | ||||||
| 4 | month. Within a reasonable time following the acceptance of | ||||||
| 5 | such
certification by the State Treasurer, the State Treasurer | ||||||
| 6 | shall pay from its
appropriation from the State Pensions Fund
| ||||||
| 7 | to the Financial Institution Fund and the Credit Union Fund
an | ||||||
| 8 | amount equal to the expenditures incurred by each Fund for
that | ||||||
| 9 | month.
| ||||||
| 10 | (c) As soon as possible after the effective date of this | ||||||
| 11 | amendatory Act of the 93rd General Assembly, the General | ||||||
| 12 | Assembly shall appropriate from the State Pensions Fund (1) to | ||||||
| 13 | the State Universities Retirement System the amount certified | ||||||
| 14 | under Section 15-165 during the prior year, (2) to the Judges | ||||||
| 15 | Retirement System of Illinois the amount certified under | ||||||
| 16 | Section 18-140 during the prior year, and (3) to the General | ||||||
| 17 | Assembly Retirement System the amount certified under Section | ||||||
| 18 | 2-134 during the prior year as part of the required
State | ||||||
| 19 | contributions to each of those designated retirement systems; | ||||||
| 20 | except that amounts appropriated under this subsection (c) in | ||||||
| 21 | State fiscal year 2005 shall not reduce the amount in the State | ||||||
| 22 | Pensions Fund below $5,000,000. If the amount in the State | ||||||
| 23 | Pensions Fund does not exceed the sum of the amounts certified | ||||||
| 24 | in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, | ||||||
| 25 | the amount paid to each designated retirement system under this | ||||||
| 26 | subsection shall be reduced in proportion to the amount | ||||||
| |||||||
| |||||||
| 1 | certified by each of those designated retirement systems.
| ||||||
| 2 | (c-5) For fiscal years 2006 through 2018 2017, the General | ||||||
| 3 | Assembly shall appropriate from the State Pensions Fund to the | ||||||
| 4 | State Universities Retirement System the amount estimated to be | ||||||
| 5 | available during the fiscal year in the State Pensions Fund; | ||||||
| 6 | provided, however, that the amounts appropriated under this | ||||||
| 7 | subsection (c-5) shall not reduce the amount in the State | ||||||
| 8 | Pensions Fund below $5,000,000.
| ||||||
| 9 | (c-6) For fiscal year 2019 2018 and each fiscal year | ||||||
| 10 | thereafter, as soon as may be practical after any money is | ||||||
| 11 | deposited into the State Pensions Fund from the Unclaimed | ||||||
| 12 | Property Trust Fund, the State Treasurer shall apportion the | ||||||
| 13 | deposited amount among the designated retirement systems as | ||||||
| 14 | defined in subsection (a) to reduce their actuarial reserve | ||||||
| 15 | deficiencies. The State Comptroller and State Treasurer shall | ||||||
| 16 | pay the apportioned amounts to the designated retirement | ||||||
| 17 | systems to fund the unfunded liabilities of the designated | ||||||
| 18 | retirement systems. The amount apportioned to each designated | ||||||
| 19 | retirement system shall constitute a portion of the amount | ||||||
| 20 | estimated to be available for appropriation from the State | ||||||
| 21 | Pensions Fund that is the same as that retirement system's | ||||||
| 22 | portion of the total actual reserve deficiency of the systems, | ||||||
| 23 | as determined annually by the Governor's Office of Management | ||||||
| 24 | and Budget at the request of the State Treasurer. The amounts | ||||||
| 25 | apportioned under this subsection shall not reduce the amount | ||||||
| 26 | in the State Pensions Fund below $5,000,000. | ||||||
| |||||||
| |||||||
| 1 | (d) The
Governor's Office of Management and Budget shall | ||||||
| 2 | determine the individual and total
reserve deficiencies of the | ||||||
| 3 | designated retirement systems. For this purpose,
the
| ||||||
| 4 | Governor's Office of Management and Budget shall utilize the | ||||||
| 5 | latest available audit and actuarial
reports of each of the | ||||||
| 6 | retirement systems and the relevant reports and
statistics of | ||||||
| 7 | the Public Employee Pension Fund Division of the Department of
| ||||||
| 8 | Insurance.
| ||||||
| 9 | (d-1) As soon as practicable after the effective date of | ||||||
| 10 | this
amendatory Act of the 93rd General Assembly, the | ||||||
| 11 | Comptroller shall
direct and the Treasurer shall transfer from | ||||||
| 12 | the State Pensions Fund to
the General Revenue Fund, as funds | ||||||
| 13 | become available, a sum equal to the
amounts that would have | ||||||
| 14 | been paid
from the State Pensions Fund to the Teachers' | ||||||
| 15 | Retirement System of the State
of Illinois,
the State | ||||||
| 16 | Universities Retirement System, the Judges Retirement
System | ||||||
| 17 | of Illinois, the
General Assembly Retirement System, and the | ||||||
| 18 | State Employees'
Retirement System
of Illinois
after the | ||||||
| 19 | effective date of this
amendatory Act during the remainder of | ||||||
| 20 | fiscal year 2004 to the
designated retirement systems from the | ||||||
| 21 | appropriations provided for in
this Section if the transfers | ||||||
| 22 | provided in Section 6z-61 had not
occurred. The transfers | ||||||
| 23 | described in this subsection (d-1) are to
partially repay the | ||||||
| 24 | General Revenue Fund for the costs associated with
the bonds | ||||||
| 25 | used to fund the moneys transferred to the designated
| ||||||
| 26 | retirement systems under Section 6z-61.
| ||||||
| |||||||
| |||||||
| 1 | (e) The changes to this Section made by this amendatory Act | ||||||
| 2 | of 1994 shall
first apply to distributions from the Fund for | ||||||
| 3 | State fiscal year 1996.
| ||||||
| 4 | (Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13; | ||||||
| 5 | 98-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15; | ||||||
| 6 | 99-78, eff. 7-20-15; 99-523, eff. 6-30-16.)
| ||||||
| 7 | (30 ILCS 105/14.1)
(from Ch. 127, par. 150.1)
| ||||||
| 8 | Sec. 14.1. Appropriations for State contributions to the | ||||||
| 9 | State
Employees' Retirement System; payroll requirements. | ||||||
| 10 | (a) Appropriations for State contributions to the State
| ||||||
| 11 | Employees' Retirement System of Illinois shall be expended in | ||||||
| 12 | the manner
provided in this Section.
Except as otherwise | ||||||
| 13 | provided in subsections (a-1), (a-2), (a-3), and (a-4)
at the | ||||||
| 14 | time of each payment of salary to an
employee under the | ||||||
| 15 | personal services line item, payment shall be made to
the State | ||||||
| 16 | Employees' Retirement System, from the amount appropriated for
| ||||||
| 17 | State contributions to the State Employees' Retirement System, | ||||||
| 18 | of an amount
calculated at the rate certified for the | ||||||
| 19 | applicable fiscal year by the
Board of Trustees of the State | ||||||
| 20 | Employees' Retirement System under Section
14-135.08 of the | ||||||
| 21 | Illinois Pension Code. If a line item appropriation to an
| ||||||
| 22 | employer for this purpose is exhausted or is unavailable due to | ||||||
| 23 | any limitation on appropriations that may apply, (including, | ||||||
| 24 | but not limited to, limitations on appropriations from the Road | ||||||
| 25 | Fund under Section 8.3 of the State Finance Act), the amounts | ||||||
| |||||||
| |||||||
| 1 | shall be
paid under the continuing appropriation for this | ||||||
| 2 | purpose contained in the State
Pension Funds Continuing | ||||||
| 3 | Appropriation Act.
| ||||||
| 4 | (a-1) Beginning on the effective date of this amendatory | ||||||
| 5 | Act of the 93rd
General Assembly through the payment of the | ||||||
| 6 | final payroll from fiscal
year 2004 appropriations, | ||||||
| 7 | appropriations for State contributions to the
State Employees' | ||||||
| 8 | Retirement System of Illinois shall be expended in the
manner | ||||||
| 9 | provided in this subsection (a-1). At the time of each payment | ||||||
| 10 | of
salary to an employee under the personal services line item | ||||||
| 11 | from a fund
other than the General Revenue Fund, payment shall | ||||||
| 12 | be made for deposit
into the General Revenue Fund from the | ||||||
| 13 | amount appropriated for State
contributions to the State | ||||||
| 14 | Employees' Retirement System of an amount
calculated at the | ||||||
| 15 | rate certified for fiscal year 2004 by the Board of
Trustees of | ||||||
| 16 | the State Employees' Retirement System under Section
14-135.08 | ||||||
| 17 | of the Illinois Pension Code. This payment shall be made to
the | ||||||
| 18 | extent that a line item appropriation to an employer for this | ||||||
| 19 | purpose is
available or unexhausted. No payment from | ||||||
| 20 | appropriations for State
contributions shall be made in | ||||||
| 21 | conjunction with payment of salary to an
employee under the | ||||||
| 22 | personal services line item from the General Revenue
Fund.
| ||||||
| 23 | (a-2) For fiscal year 2010 only, at the time of each | ||||||
| 24 | payment of salary to an employee under the personal services | ||||||
| 25 | line item from a fund other than the General Revenue Fund, | ||||||
| 26 | payment shall be made for deposit into the State Employees' | ||||||
| |||||||
| |||||||
| 1 | Retirement System of Illinois from the amount appropriated for | ||||||
| 2 | State contributions to the State Employees' Retirement System | ||||||
| 3 | of Illinois of an amount calculated at the rate certified for | ||||||
| 4 | fiscal year 2010 by the Board of Trustees of the State | ||||||
| 5 | Employees' Retirement System of Illinois under Section | ||||||
| 6 | 14-135.08 of the Illinois Pension Code. This payment shall be | ||||||
| 7 | made to the extent that a line item appropriation to an | ||||||
| 8 | employer for this purpose is available or unexhausted. For | ||||||
| 9 | fiscal year 2010 only, no payment from appropriations for State | ||||||
| 10 | contributions shall be made in conjunction with payment of | ||||||
| 11 | salary to an employee under the personal services line item | ||||||
| 12 | from the General Revenue Fund. | ||||||
| 13 | (a-3) For fiscal year 2011 only, at the time of each | ||||||
| 14 | payment of salary to an employee under the personal services | ||||||
| 15 | line item from a fund other than the General Revenue Fund, | ||||||
| 16 | payment shall be made for deposit into the State Employees' | ||||||
| 17 | Retirement System of Illinois from the amount appropriated for | ||||||
| 18 | State contributions to the State Employees' Retirement System | ||||||
| 19 | of Illinois of an amount calculated at the rate certified for | ||||||
| 20 | fiscal year 2011 by the Board of Trustees of the State | ||||||
| 21 | Employees' Retirement System of Illinois under Section | ||||||
| 22 | 14-135.08 of the Illinois Pension Code. This payment shall be | ||||||
| 23 | made to the extent that a line item appropriation to an | ||||||
| 24 | employer for this purpose is available or unexhausted. For | ||||||
| 25 | fiscal year 2011 only, no payment from appropriations for State | ||||||
| 26 | contributions shall be made in conjunction with payment of | ||||||
| |||||||
| |||||||
| 1 | salary to an employee under the personal services line item | ||||||
| 2 | from the General Revenue Fund. | ||||||
| 3 | (a-4) In fiscal years 2012 through 2018 2017 only, at the | ||||||
| 4 | time of each payment of salary to an employee under the | ||||||
| 5 | personal services line item from a fund other than the General | ||||||
| 6 | Revenue Fund, payment shall be made for deposit into the State | ||||||
| 7 | Employees' Retirement System of Illinois from the amount | ||||||
| 8 | appropriated for State contributions to the State Employees' | ||||||
| 9 | Retirement System of Illinois of an amount calculated at the | ||||||
| 10 | rate certified for the applicable fiscal year by the Board of | ||||||
| 11 | Trustees of the State Employees' Retirement System of Illinois | ||||||
| 12 | under Section 14-135.08 of the Illinois Pension Code. In fiscal | ||||||
| 13 | years 2012 through 2018 2017 only, no payment from | ||||||
| 14 | appropriations for State contributions shall be made in | ||||||
| 15 | conjunction with payment of salary to an employee under the | ||||||
| 16 | personal services line item from the General Revenue Fund. | ||||||
| 17 | (b) Except during the period beginning on the effective | ||||||
| 18 | date of this
amendatory
Act of the 93rd General Assembly and | ||||||
| 19 | ending at the time of the payment of the
final payroll from | ||||||
| 20 | fiscal year 2004 appropriations, the State Comptroller
shall | ||||||
| 21 | not approve for payment any payroll
voucher that (1) includes | ||||||
| 22 | payments of salary to eligible employees in the
State | ||||||
| 23 | Employees' Retirement System of Illinois and (2) does not | ||||||
| 24 | include the
corresponding payment of State contributions to | ||||||
| 25 | that retirement system at the
full rate certified under Section | ||||||
| 26 | 14-135.08 for that fiscal year for eligible
employees, unless | ||||||
| |||||||
| |||||||
| 1 | the balance in the fund on which the payroll voucher is drawn
| ||||||
| 2 | is insufficient to pay the total payroll voucher, or | ||||||
| 3 | unavailable due to any limitation on appropriations that may | ||||||
| 4 | apply, including, but not limited to, limitations on | ||||||
| 5 | appropriations from the Road Fund under Section 8.3 of the | ||||||
| 6 | State Finance Act. If the State Comptroller
approves a payroll | ||||||
| 7 | voucher under this Section for which the fund balance is
| ||||||
| 8 | insufficient to pay the full amount of the required State | ||||||
| 9 | contribution to the
State Employees' Retirement System, the | ||||||
| 10 | Comptroller shall promptly so notify
the Retirement System.
| ||||||
| 11 | (b-1) For fiscal year 2010 and fiscal year 2011 only, the | ||||||
| 12 | State Comptroller shall not approve for payment any non-General | ||||||
| 13 | Revenue Fund payroll voucher that (1) includes payments of | ||||||
| 14 | salary to eligible employees in the State Employees' Retirement | ||||||
| 15 | System of Illinois and (2) does not include the corresponding | ||||||
| 16 | payment of State contributions to that retirement system at the | ||||||
| 17 | full rate certified under Section 14-135.08 for that fiscal | ||||||
| 18 | year for eligible employees, unless the balance in the fund on | ||||||
| 19 | which the payroll voucher is drawn is insufficient to pay the | ||||||
| 20 | total payroll voucher, or unavailable due to any limitation on | ||||||
| 21 | appropriations that may apply, including, but not limited to, | ||||||
| 22 | limitations on appropriations from the Road Fund under Section | ||||||
| 23 | 8.3 of the State Finance Act. If the State Comptroller approves | ||||||
| 24 | a payroll voucher under this Section for which the fund balance | ||||||
| 25 | is insufficient to pay the full amount of the required State | ||||||
| 26 | contribution to the State Employees' Retirement System of | ||||||
| |||||||
| |||||||
| 1 | Illinois, the Comptroller shall promptly so notify the | ||||||
| 2 | retirement system. | ||||||
| 3 | (c) Notwithstanding any other provisions of law, beginning | ||||||
| 4 | July 1, 2007, required State and employee contributions to the | ||||||
| 5 | State Employees' Retirement System of Illinois relating to | ||||||
| 6 | affected legislative staff employees shall be paid out of | ||||||
| 7 | moneys appropriated for that purpose to the Commission on | ||||||
| 8 | Government Forecasting and Accountability, rather than out of | ||||||
| 9 | the lump-sum appropriations otherwise made for the payroll and | ||||||
| 10 | other costs of those employees. | ||||||
| 11 | These payments must be made pursuant to payroll vouchers | ||||||
| 12 | submitted by the employing entity as part of the regular | ||||||
| 13 | payroll voucher process. | ||||||
| 14 | For the purpose of this subsection, "affected legislative | ||||||
| 15 | staff employees" means legislative staff employees paid out of | ||||||
| 16 | lump-sum appropriations made to the General Assembly, an | ||||||
| 17 | Officer of the General Assembly, or the Senate Operations | ||||||
| 18 | Commission, but does not include district-office staff or | ||||||
| 19 | employees of legislative support services agencies. | ||||||
| 20 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8, | ||||||
| 21 | eff. 7-9-15; 99-523, eff. 6-30-16.)
| ||||||
| 22 | Section 10-10. The Illinois Pension Code is amended by | ||||||
| 23 | changing Section 14-131 as follows:
| ||||||
| 24 | (40 ILCS 5/14-131)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 14-131. Contributions by State.
| ||||||
| 2 | (a) The State shall make contributions to the System by | ||||||
| 3 | appropriations of
amounts which, together with other employer | ||||||
| 4 | contributions from trust, federal,
and other funds, employee | ||||||
| 5 | contributions, investment income, and other income,
will be | ||||||
| 6 | sufficient to meet the cost of maintaining and administering | ||||||
| 7 | the System
on a 90% funded basis in accordance with actuarial | ||||||
| 8 | recommendations.
| ||||||
| 9 | For the purposes of this Section and Section 14-135.08, | ||||||
| 10 | references to State
contributions refer only to employer | ||||||
| 11 | contributions and do not include employee
contributions that | ||||||
| 12 | are picked up or otherwise paid by the State or a
department on | ||||||
| 13 | behalf of the employee.
| ||||||
| 14 | (b) The Board shall determine the total amount of State | ||||||
| 15 | contributions
required for each fiscal year on the basis of the | ||||||
| 16 | actuarial tables and other
assumptions adopted by the Board, | ||||||
| 17 | using the formula in subsection (e).
| ||||||
| 18 | The Board shall also determine a State contribution rate | ||||||
| 19 | for each fiscal
year, expressed as a percentage of payroll, | ||||||
| 20 | based on the total required State
contribution for that fiscal | ||||||
| 21 | year (less the amount received by the System from
| ||||||
| 22 | appropriations under Section 8.12 of the State Finance Act and | ||||||
| 23 | Section 1 of the
State Pension Funds Continuing Appropriation | ||||||
| 24 | Act, if any, for the fiscal year
ending on the June 30 | ||||||
| 25 | immediately preceding the applicable November 15
certification | ||||||
| 26 | deadline), the estimated payroll (including all forms of
| ||||||
| |||||||
| |||||||
| 1 | compensation) for personal services rendered by eligible | ||||||
| 2 | employees, and the
recommendations of the actuary.
| ||||||
| 3 | For the purposes of this Section and Section 14.1 of the | ||||||
| 4 | State Finance Act,
the term "eligible employees" includes | ||||||
| 5 | employees who participate in the System,
persons who may elect | ||||||
| 6 | to participate in the System but have not so elected,
persons | ||||||
| 7 | who are serving a qualifying period that is required for | ||||||
| 8 | participation,
and annuitants employed by a department as | ||||||
| 9 | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
| ||||||
| 10 | (c) Contributions shall be made by the several departments | ||||||
| 11 | for each pay
period by warrants drawn by the State Comptroller | ||||||
| 12 | against their respective
funds or appropriations based upon | ||||||
| 13 | vouchers stating the amount to be so
contributed. These amounts | ||||||
| 14 | shall be based on the full rate certified by the
Board under | ||||||
| 15 | Section 14-135.08 for that fiscal year.
From the effective date | ||||||
| 16 | of this amendatory Act of the 93rd General
Assembly through the | ||||||
| 17 | payment of the final payroll from fiscal year 2004
| ||||||
| 18 | appropriations, the several departments shall not make | ||||||
| 19 | contributions
for the remainder of fiscal year 2004 but shall | ||||||
| 20 | instead make payments
as required under subsection (a-1) of | ||||||
| 21 | Section 14.1 of the State Finance Act.
The several departments | ||||||
| 22 | shall resume those contributions at the commencement of
fiscal | ||||||
| 23 | year 2005.
| ||||||
| 24 | (c-1) Notwithstanding subsection (c) of this Section, for | ||||||
| 25 | fiscal years 2010, 2012, 2013, 2014, 2015, 2016, and 2017, and | ||||||
| 26 | 2018 only, contributions by the several departments are not | ||||||
| |||||||
| |||||||
| 1 | required to be made for General Revenue Funds payrolls | ||||||
| 2 | processed by the Comptroller. Payrolls paid by the several | ||||||
| 3 | departments from all other State funds must continue to be | ||||||
| 4 | processed pursuant to subsection (c) of this Section. | ||||||
| 5 | (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015, | ||||||
| 6 | 2016, and 2017, and 2018 only, on or as soon as possible after | ||||||
| 7 | the 15th day of each month, the Board shall submit vouchers for | ||||||
| 8 | payment of State contributions to the System, in a total | ||||||
| 9 | monthly amount of one-twelfth of the fiscal year General | ||||||
| 10 | Revenue Fund contribution as certified by the System pursuant | ||||||
| 11 | to Section 14-135.08 of the Illinois Pension Code. | ||||||
| 12 | (d) If an employee is paid from trust funds or federal | ||||||
| 13 | funds, the
department or other employer shall pay employer | ||||||
| 14 | contributions from those funds
to the System at the certified | ||||||
| 15 | rate, unless the terms of the trust or the
federal-State | ||||||
| 16 | agreement preclude the use of the funds for that purpose, in
| ||||||
| 17 | which case the required employer contributions shall be paid by | ||||||
| 18 | the State.
From the effective date of this amendatory
Act of | ||||||
| 19 | the 93rd General Assembly through the payment of the final
| ||||||
| 20 | payroll from fiscal year 2004 appropriations, the department or | ||||||
| 21 | other
employer shall not pay contributions for the remainder of | ||||||
| 22 | fiscal year
2004 but shall instead make payments as required | ||||||
| 23 | under subsection (a-1) of
Section 14.1 of the State Finance | ||||||
| 24 | Act. The department or other employer shall
resume payment of
| ||||||
| 25 | contributions at the commencement of fiscal year 2005.
| ||||||
| 26 | (e) For State fiscal years 2012 through 2045, the minimum | ||||||
| |||||||
| |||||||
| 1 | contribution
to the System to be made by the State for each | ||||||
| 2 | fiscal year shall be an amount
determined by the System to be | ||||||
| 3 | sufficient to bring the total assets of the
System up to 90% of | ||||||
| 4 | the total actuarial liabilities of the System by the end
of | ||||||
| 5 | State fiscal year 2045. In making these determinations, the | ||||||
| 6 | required State
contribution shall be calculated each year as a | ||||||
| 7 | level percentage of payroll
over the years remaining to and | ||||||
| 8 | including fiscal year 2045 and shall be
determined under the | ||||||
| 9 | projected unit credit actuarial cost method.
| ||||||
| 10 | For State fiscal years 1996 through 2005, the State | ||||||
| 11 | contribution to
the System, as a percentage of the applicable | ||||||
| 12 | employee payroll, shall be
increased in equal annual increments | ||||||
| 13 | so that by State fiscal year 2011, the
State is contributing at | ||||||
| 14 | the rate required under this Section; except that
(i) for State | ||||||
| 15 | fiscal year 1998, for all purposes of this Code and any other
| ||||||
| 16 | law of this State, the certified percentage of the applicable | ||||||
| 17 | employee payroll
shall be 5.052% for employees earning eligible | ||||||
| 18 | creditable service under Section
14-110 and 6.500% for all | ||||||
| 19 | other employees, notwithstanding any contrary
certification | ||||||
| 20 | made under Section 14-135.08 before the effective date of this
| ||||||
| 21 | amendatory Act of 1997, and (ii)
in the following specified | ||||||
| 22 | State fiscal years, the State contribution to
the System shall | ||||||
| 23 | not be less than the following indicated percentages of the
| ||||||
| 24 | applicable employee payroll, even if the indicated percentage | ||||||
| 25 | will produce a
State contribution in excess of the amount | ||||||
| 26 | otherwise required under this
subsection and subsection (a):
| ||||||
| |||||||
| |||||||
| 1 | 9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY | ||||||
| 2 | 2002;
10.6% in FY 2003; and
10.8% in FY 2004.
| ||||||
| 3 | Notwithstanding any other provision of this Article, the | ||||||
| 4 | total required State
contribution to the System for State | ||||||
| 5 | fiscal year 2006 is $203,783,900.
| ||||||
| 6 | Notwithstanding any other provision of this Article, the | ||||||
| 7 | total required State
contribution to the System for State | ||||||
| 8 | fiscal year 2007 is $344,164,400.
| ||||||
| 9 | For each of State fiscal years 2008 through 2009, the State | ||||||
| 10 | contribution to
the System, as a percentage of the applicable | ||||||
| 11 | employee payroll, shall be
increased in equal annual increments | ||||||
| 12 | from the required State contribution for State fiscal year | ||||||
| 13 | 2007, so that by State fiscal year 2011, the
State is | ||||||
| 14 | contributing at the rate otherwise required under this Section.
| ||||||
| 15 | Notwithstanding any other provision of this Article, the | ||||||
| 16 | total required State General Revenue Fund contribution for | ||||||
| 17 | State fiscal year 2010 is $723,703,100 and shall be made from | ||||||
| 18 | the proceeds of bonds sold in fiscal year 2010 pursuant to | ||||||
| 19 | Section 7.2 of the General Obligation Bond Act, less (i) the | ||||||
| 20 | pro rata share of bond sale expenses determined by the System's | ||||||
| 21 | share of total bond proceeds, (ii) any amounts received from | ||||||
| 22 | the General Revenue Fund in fiscal year 2010, and (iii) any | ||||||
| 23 | reduction in bond proceeds due to the issuance of discounted | ||||||
| 24 | bonds, if applicable. | ||||||
| 25 | Notwithstanding any other provision of this Article, the
| ||||||
| 26 | total required State General Revenue Fund contribution for
| ||||||
| |||||||
| |||||||
| 1 | State fiscal year 2011 is the amount recertified by the System | ||||||
| 2 | on or before April 1, 2011 pursuant to Section 14-135.08 and | ||||||
| 3 | shall be made from
the proceeds of bonds sold in fiscal year | ||||||
| 4 | 2011 pursuant to
Section 7.2 of the General Obligation Bond | ||||||
| 5 | Act, less (i) the
pro rata share of bond sale expenses | ||||||
| 6 | determined by the System's
share of total bond proceeds, (ii) | ||||||
| 7 | any amounts received from
the General Revenue Fund in fiscal | ||||||
| 8 | year 2011, and (iii) any
reduction in bond proceeds due to the | ||||||
| 9 | issuance of discounted
bonds, if applicable. | ||||||
| 10 | Beginning in State fiscal year 2046, the minimum State | ||||||
| 11 | contribution for
each fiscal year shall be the amount needed to | ||||||
| 12 | maintain the total assets of
the System at 90% of the total | ||||||
| 13 | actuarial liabilities of the System.
| ||||||
| 14 | Amounts received by the System pursuant to Section 25 of | ||||||
| 15 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
| 16 | Finance Act in any fiscal year do not reduce and do not | ||||||
| 17 | constitute payment of any portion of the minimum State | ||||||
| 18 | contribution required under this Article in that fiscal year. | ||||||
| 19 | Such amounts shall not reduce, and shall not be included in the | ||||||
| 20 | calculation of, the required State contributions under this | ||||||
| 21 | Article in any future year until the System has reached a | ||||||
| 22 | funding ratio of at least 90%. A reference in this Article to | ||||||
| 23 | the "required State contribution" or any substantially similar | ||||||
| 24 | term does not include or apply to any amounts payable to the | ||||||
| 25 | System under Section 25 of the Budget Stabilization Act.
| ||||||
| 26 | Notwithstanding any other provision of this Section, the | ||||||
| |||||||
| |||||||
| 1 | required State
contribution for State fiscal year 2005 and for | ||||||
| 2 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
| 3 | under this Section and
certified under Section 14-135.08, shall | ||||||
| 4 | not exceed an amount equal to (i) the
amount of the required | ||||||
| 5 | State contribution that would have been calculated under
this | ||||||
| 6 | Section for that fiscal year if the System had not received any | ||||||
| 7 | payments
under subsection (d) of Section 7.2 of the General | ||||||
| 8 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
| 9 | total debt service payments for that fiscal
year on the bonds | ||||||
| 10 | issued in fiscal year 2003 for the purposes of that Section | ||||||
| 11 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
| 12 | the same as the System's portion of
the total moneys | ||||||
| 13 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
| 14 | Obligation Bond Act. In determining this maximum for State | ||||||
| 15 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
| 16 | in item (i) shall be increased, as a percentage of the | ||||||
| 17 | applicable employee payroll, in equal increments calculated | ||||||
| 18 | from the sum of the required State contribution for State | ||||||
| 19 | fiscal year 2007 plus the applicable portion of the State's | ||||||
| 20 | total debt service payments for fiscal year 2007 on the bonds | ||||||
| 21 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
| 22 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
| 23 | 2011, the
State is contributing at the rate otherwise required | ||||||
| 24 | under this Section.
| ||||||
| 25 | (f) After the submission of all payments for eligible | ||||||
| 26 | employees
from personal services line items in fiscal year 2004 | ||||||
| |||||||
| |||||||
| 1 | have been made,
the Comptroller shall provide to the System a | ||||||
| 2 | certification of the sum
of all fiscal year 2004 expenditures | ||||||
| 3 | for personal services that would
have been covered by payments | ||||||
| 4 | to the System under this Section if the
provisions of this | ||||||
| 5 | amendatory Act of the 93rd General Assembly had not been
| ||||||
| 6 | enacted. Upon
receipt of the certification, the System shall | ||||||
| 7 | determine the amount
due to the System based on the full rate | ||||||
| 8 | certified by the Board under
Section 14-135.08 for fiscal year | ||||||
| 9 | 2004 in order to meet the State's
obligation under this | ||||||
| 10 | Section. The System shall compare this amount
due to the amount | ||||||
| 11 | received by the System in fiscal year 2004 through
payments | ||||||
| 12 | under this Section and under Section 6z-61 of the State Finance | ||||||
| 13 | Act.
If the amount
due is more than the amount received, the | ||||||
| 14 | difference shall be termed the
"Fiscal Year 2004 Shortfall" for | ||||||
| 15 | purposes of this Section, and the
Fiscal Year 2004 Shortfall | ||||||
| 16 | shall be satisfied under Section 1.2 of the State
Pension Funds | ||||||
| 17 | Continuing Appropriation Act. If the amount due is less than | ||||||
| 18 | the
amount received, the
difference shall be termed the "Fiscal | ||||||
| 19 | Year 2004 Overpayment" for purposes of
this Section, and the | ||||||
| 20 | Fiscal Year 2004 Overpayment shall be repaid by
the System to | ||||||
| 21 | the Pension Contribution Fund as soon as practicable
after the | ||||||
| 22 | certification.
| ||||||
| 23 | (g) For purposes of determining the required State | ||||||
| 24 | contribution to the System, the value of the System's assets | ||||||
| 25 | shall be equal to the actuarial value of the System's assets, | ||||||
| 26 | which shall be calculated as follows: | ||||||
| |||||||
| |||||||
| 1 | As of June 30, 2008, the actuarial value of the System's | ||||||
| 2 | assets shall be equal to the market value of the assets as of | ||||||
| 3 | that date. In determining the actuarial value of the System's | ||||||
| 4 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
| 5 | gains or losses from investment return incurred in a fiscal | ||||||
| 6 | year shall be recognized in equal annual amounts over the | ||||||
| 7 | 5-year period following that fiscal year. | ||||||
| 8 | (h) For purposes of determining the required State | ||||||
| 9 | contribution to the System for a particular year, the actuarial | ||||||
| 10 | value of assets shall be assumed to earn a rate of return equal | ||||||
| 11 | to the System's actuarially assumed rate of return. | ||||||
| 12 | (i) After the submission of all payments for eligible | ||||||
| 13 | employees from personal services line items paid from the | ||||||
| 14 | General Revenue Fund in fiscal year 2010 have been made, the | ||||||
| 15 | Comptroller shall provide to the System a certification of the | ||||||
| 16 | sum of all fiscal year 2010 expenditures for personal services | ||||||
| 17 | that would have been covered by payments to the System under | ||||||
| 18 | this Section if the provisions of this amendatory Act of the | ||||||
| 19 | 96th General Assembly had not been enacted. Upon receipt of the | ||||||
| 20 | certification, the System shall determine the amount due to the | ||||||
| 21 | System based on the full rate certified by the Board under | ||||||
| 22 | Section 14-135.08 for fiscal year 2010 in order to meet the | ||||||
| 23 | State's obligation under this Section. The System shall compare | ||||||
| 24 | this amount due to the amount received by the System in fiscal | ||||||
| 25 | year 2010 through payments under this Section. If the amount | ||||||
| 26 | due is more than the amount received, the difference shall be | ||||||
| |||||||
| |||||||
| 1 | termed the "Fiscal Year 2010 Shortfall" for purposes of this | ||||||
| 2 | Section, and the Fiscal Year 2010 Shortfall shall be satisfied | ||||||
| 3 | under Section 1.2 of the State Pension Funds Continuing | ||||||
| 4 | Appropriation Act. If the amount due is less than the amount | ||||||
| 5 | received, the difference shall be termed the "Fiscal Year 2010 | ||||||
| 6 | Overpayment" for purposes of this Section, and the Fiscal Year | ||||||
| 7 | 2010 Overpayment shall be repaid by the System to the General | ||||||
| 8 | Revenue Fund as soon as practicable after the certification. | ||||||
| 9 | (j) After the submission of all payments for eligible | ||||||
| 10 | employees from personal services line items paid from the | ||||||
| 11 | General Revenue Fund in fiscal year 2011 have been made, the | ||||||
| 12 | Comptroller shall provide to the System a certification of the | ||||||
| 13 | sum of all fiscal year 2011 expenditures for personal services | ||||||
| 14 | that would have been covered by payments to the System under | ||||||
| 15 | this Section if the provisions of this amendatory Act of the | ||||||
| 16 | 96th General Assembly had not been enacted. Upon receipt of the | ||||||
| 17 | certification, the System shall determine the amount due to the | ||||||
| 18 | System based on the full rate certified by the Board under | ||||||
| 19 | Section 14-135.08 for fiscal year 2011 in order to meet the | ||||||
| 20 | State's obligation under this Section. The System shall compare | ||||||
| 21 | this amount due to the amount received by the System in fiscal | ||||||
| 22 | year 2011 through payments under this Section. If the amount | ||||||
| 23 | due is more than the amount received, the difference shall be | ||||||
| 24 | termed the "Fiscal Year 2011 Shortfall" for purposes of this | ||||||
| 25 | Section, and the Fiscal Year 2011 Shortfall shall be satisfied | ||||||
| 26 | under Section 1.2 of the State Pension Funds Continuing | ||||||
| |||||||
| |||||||
| 1 | Appropriation Act. If the amount due is less than the amount | ||||||
| 2 | received, the difference shall be termed the "Fiscal Year 2011 | ||||||
| 3 | Overpayment" for purposes of this Section, and the Fiscal Year | ||||||
| 4 | 2011 Overpayment shall be repaid by the System to the General | ||||||
| 5 | Revenue Fund as soon as practicable after the certification. | ||||||
| 6 | (k) For fiscal years 2012 through 2018 2017 only, after the | ||||||
| 7 | submission of all payments for eligible employees from personal | ||||||
| 8 | services line items paid from the General Revenue Fund in the | ||||||
| 9 | fiscal year have been made, the Comptroller shall provide to | ||||||
| 10 | the System a certification of the sum of all expenditures in | ||||||
| 11 | the fiscal year for personal services. Upon receipt of the | ||||||
| 12 | certification, the System shall determine the amount due to the | ||||||
| 13 | System based on the full rate certified by the Board under | ||||||
| 14 | Section 14-135.08 for the fiscal year in order to meet the | ||||||
| 15 | State's obligation under this Section. The System shall compare | ||||||
| 16 | this amount due to the amount received by the System for the | ||||||
| 17 | fiscal year. If the amount due is more than the amount | ||||||
| 18 | received, the difference shall be termed the "Prior Fiscal Year | ||||||
| 19 | Shortfall" for purposes of this Section, and the Prior Fiscal | ||||||
| 20 | Year Shortfall shall be satisfied under Section 1.2 of the | ||||||
| 21 | State Pension Funds Continuing Appropriation Act. If the amount | ||||||
| 22 | due is less than the amount received, the difference shall be | ||||||
| 23 | termed the "Prior Fiscal Year Overpayment" for purposes of this | ||||||
| 24 | Section, and the Prior Fiscal Year Overpayment shall be repaid | ||||||
| 25 | by the System to the General Revenue Fund as soon as | ||||||
| 26 | practicable after the certification. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8, | ||||||
| 2 | eff. 7-9-15; 99-523, eff. 6-30-16.)
| ||||||
| 3 | Section 10-15. The State Pension Funds Continuing | ||||||
| 4 | Appropriation Act is amended by changing Section 1.2 as | ||||||
| 5 | follows:
| ||||||
| 6 | (40 ILCS 15/1.2)
| ||||||
| 7 | Sec. 1.2. Appropriations for the State Employees' | ||||||
| 8 | Retirement System.
| ||||||
| 9 | (a) From each fund from which an amount is appropriated for | ||||||
| 10 | personal
services to a department or other employer under | ||||||
| 11 | Article 14 of the Illinois
Pension Code, there is hereby | ||||||
| 12 | appropriated to that department or other
employer, on a | ||||||
| 13 | continuing annual basis for each State fiscal year, an
| ||||||
| 14 | additional amount equal to the amount, if any, by which (1) an | ||||||
| 15 | amount equal
to the percentage of the personal services line | ||||||
| 16 | item for that department or
employer from that fund for that | ||||||
| 17 | fiscal year that the Board of Trustees of
the State Employees' | ||||||
| 18 | Retirement System of Illinois has certified under Section
| ||||||
| 19 | 14-135.08 of the Illinois Pension Code to be necessary to meet | ||||||
| 20 | the State's
obligation under Section 14-131 of the Illinois | ||||||
| 21 | Pension Code for that fiscal
year, exceeds (2) the amounts | ||||||
| 22 | otherwise appropriated to that department or
employer from that | ||||||
| 23 | fund for State contributions to the State Employees'
Retirement | ||||||
| 24 | System for that fiscal year.
From the effective
date of this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 93rd General Assembly
through the final | ||||||
| 2 | payment from a department or employer's
personal services line | ||||||
| 3 | item for fiscal year 2004, payments to
the State Employees' | ||||||
| 4 | Retirement System that otherwise would
have been made under | ||||||
| 5 | this subsection (a) shall be governed by
the provisions in | ||||||
| 6 | subsection (a-1).
| ||||||
| 7 | (a-1) If a Fiscal Year 2004 Shortfall is certified under | ||||||
| 8 | subsection (f) of
Section 14-131 of the Illinois Pension Code, | ||||||
| 9 | there is hereby appropriated
to the State Employees' Retirement | ||||||
| 10 | System of Illinois on a
continuing basis from the General | ||||||
| 11 | Revenue Fund an additional
aggregate amount equal to the Fiscal | ||||||
| 12 | Year 2004 Shortfall.
| ||||||
| 13 | (a-2) If a Fiscal Year 2010 Shortfall is certified under | ||||||
| 14 | subsection (i) of Section 14-131 of the Illinois Pension Code, | ||||||
| 15 | there is hereby appropriated to the State Employees' Retirement | ||||||
| 16 | System of Illinois on a continuing basis from the General | ||||||
| 17 | Revenue Fund an additional aggregate amount equal to the Fiscal | ||||||
| 18 | Year 2010 Shortfall. | ||||||
| 19 | (a-3) If a Fiscal Year 2016 Shortfall is certified under | ||||||
| 20 | subsection (k) of Section 14-131 of the Illinois Pension Code, | ||||||
| 21 | there is hereby appropriated to the State Employees' Retirement | ||||||
| 22 | System of Illinois on a continuing basis from the General | ||||||
| 23 | Revenue Fund an additional aggregate amount equal to the Fiscal | ||||||
| 24 | Year 2016 Shortfall. | ||||||
| 25 | (a-4) If a Prior Fiscal Year Shortfall is certified under | ||||||
| 26 | subsection (k) of Section 14-131 of the Illinois Pension Code, | ||||||
| |||||||
| |||||||
| 1 | there is hereby appropriated to the State Employees' Retirement | ||||||
| 2 | System of Illinois on a continuing basis from the General | ||||||
| 3 | Revenue Fund an additional aggregate amount equal to the Fiscal | ||||||
| 4 | Year 2017 Shortfall. | ||||||
| 5 | (b) The continuing appropriations provided for by this | ||||||
| 6 | Section shall first
be available in State fiscal year 1996.
| ||||||
| 7 | (c) Beginning in Fiscal Year 2005, any continuing | ||||||
| 8 | appropriation under this Section arising out of an | ||||||
| 9 | appropriation for personal services from the Road Fund to the | ||||||
| 10 | Department of State Police or the Secretary of State shall be | ||||||
| 11 | payable from the General Revenue Fund rather than the Road | ||||||
| 12 | Fund.
| ||||||
| 13 | (d) For State fiscal year 2010 only, a continuing | ||||||
| 14 | appropriation is provided to the State Employees' Retirement | ||||||
| 15 | System equal to the amount certified by the System on or before | ||||||
| 16 | December 31, 2008, less the gross proceeds of the bonds sold in | ||||||
| 17 | fiscal year 2010 under the authorization contained in | ||||||
| 18 | subsection (a) of Section 7.2 of the General Obligation Bond | ||||||
| 19 | Act. | ||||||
| 20 | (e) For State fiscal year 2011 only, the continuing | ||||||
| 21 | appropriation under this Section provided to the State | ||||||
| 22 | Employees' Retirement System is limited to an amount equal to | ||||||
| 23 | the amount certified by the System on or before December 31, | ||||||
| 24 | 2009, less any amounts received pursuant to subsection (a-3) of | ||||||
| 25 | Section 14.1 of the State Finance Act. | ||||||
| 26 | (f) For State fiscal year 2011 only, a continuing
| ||||||
| |||||||
| |||||||
| 1 | appropriation is provided to the State Employees' Retirement
| ||||||
| 2 | System equal to the amount certified by the System on or before
| ||||||
| 3 | April 1, 2011, less the gross proceeds of the bonds sold in
| ||||||
| 4 | fiscal year 2011 under the authorization contained in
| ||||||
| 5 | subsection (a) of Section 7.2 of the General Obligation Bond
| ||||||
| 6 | Act. | ||||||
| 7 | (Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)
| ||||||
| 8 | Section 10-20. The Uniform Disposition of Unclaimed | ||||||
| 9 | Property Act is amended by changing Section 18 as follows:
| ||||||
| 10 | (765 ILCS 1025/18) (from Ch. 141, par. 118)
| ||||||
| 11 | Sec. 18. Deposit of funds received under the Act.
| ||||||
| 12 | (a) The State Treasurer shall retain all funds received | ||||||
| 13 | under this Act,
including the proceeds from
the sale of | ||||||
| 14 | abandoned property under Section 17, in a trust fund known as | ||||||
| 15 | the Unclaimed Property Trust Fund. The State Treasurer may | ||||||
| 16 | deposit any amount in the Unclaimed Property Trust Fund into | ||||||
| 17 | the State Pensions Fund during the fiscal year at his or her | ||||||
| 18 | discretion; however, he or she shall,
on April 15 and October | ||||||
| 19 | 15 of each year, deposit any amount in the Unclaimed Property | ||||||
| 20 | Trust Fund
exceeding $2,500,000 into the State Pensions Fund. | ||||||
| 21 | If on either April 15 or October 15, the State Treasurer | ||||||
| 22 | determines that a balance of $2,500,000 is insufficient for the | ||||||
| 23 | prompt payment of unclaimed property claims authorized under | ||||||
| 24 | this Act, the Treasurer may retain more than $2,500,000 in the | ||||||
| |||||||
| |||||||
| 1 | Unclaimed Property Trust Fund in order to ensure the prompt | ||||||
| 2 | payment of claims. Beginning in State fiscal year 2019 2018, | ||||||
| 3 | all amounts that are deposited into the State Pensions Fund | ||||||
| 4 | from the Unclaimed Property Trust Fund shall be apportioned to | ||||||
| 5 | the designated retirement systems as provided in subsection | ||||||
| 6 | (c-6) of Section 8.12 of the State Finance Act to reduce their | ||||||
| 7 | actuarial reserve deficiencies. He or she shall make prompt | ||||||
| 8 | payment of claims he or she
duly allows as provided for in this | ||||||
| 9 | Act for the Unclaimed Property Trust Fund.
Before making the | ||||||
| 10 | deposit the State Treasurer
shall record the name and last | ||||||
| 11 | known address of each person appearing from the
holders' | ||||||
| 12 | reports to be entitled to the abandoned property. The record | ||||||
| 13 | shall be
available for public inspection during reasonable | ||||||
| 14 | business
hours.
| ||||||
| 15 | (b) Before making any deposit to the credit of the State | ||||||
| 16 | Pensions Fund,
the State Treasurer may deduct: (1) any costs in | ||||||
| 17 | connection with sale of
abandoned property, (2) any costs of | ||||||
| 18 | mailing and publication in connection with
any abandoned | ||||||
| 19 | property, and (3) any costs in connection with the maintenance | ||||||
| 20 | of
records or disposition of claims made pursuant to this Act. | ||||||
| 21 | The State
Treasurer shall semiannually file an itemized report | ||||||
| 22 | of all such expenses with
the Legislative Audit Commission.
| ||||||
| 23 | (Source: P.A. 98-19, eff. 6-10-13; 98-24, eff. 6-19-13; 98-674, | ||||||
| 24 | eff. 6-30-14; 98-756, eff. 7-16-14; 99-8, eff. 7-9-15; 99-523, | ||||||
| 25 | eff. 6-30-16.)
| ||||||
| |||||||
| |||||||
| 1 | ARTICLE 20. TECHNOLOGY MANAGEMENT | ||||||
| 2 | Section 20-5. The Department of Central Management | ||||||
| 3 | Services Law of the
Civil Administrative Code of Illinois is | ||||||
| 4 | amended by changing Sections 405-20, 405-250, and 405-410 as | ||||||
| 5 | follows:
| ||||||
| 6 | (20 ILCS 405/405-20) (was 20 ILCS 405/35.7)
| ||||||
| 7 | Sec. 405-20. Fiscal policy information to Governor; | ||||||
| 8 | information technology statistical research
planning. | ||||||
| 9 | (a) The Department
shall be responsible for providing the | ||||||
| 10 | Governor with timely,
comprehensive, and meaningful | ||||||
| 11 | information pertinent to the formulation
and execution of | ||||||
| 12 | fiscal policy. In performing this responsibility the
| ||||||
| 13 | Department shall have the power and duty to do the following:
| ||||||
| 14 | (1) Control the procurement, retention, installation,
| ||||||
| 15 | maintenance,
and operation, as specified by the Director, | ||||||
| 16 | of information technology electronic data
processing | ||||||
| 17 | equipment and software used by State agencies in such a | ||||||
| 18 | manner as to
achieve maximum economy and provide adequate | ||||||
| 19 | assistance in the
development of information suitable for | ||||||
| 20 | management analysis.
| ||||||
| 21 | (2) Establish principles and standards of information | ||||||
| 22 | technology statistical
reporting by
State agencies and | ||||||
| 23 | priorities for completion of research by those
agencies in | ||||||
| 24 | accordance with the requirements for management analysis | ||||||
| |||||||
| |||||||
| 1 | as
specified by the Director.
| ||||||
| 2 | (3) Establish, through the Director, charges for | ||||||
| 3 | information technology
statistical services
requested by | ||||||
| 4 | State agencies and rendered by the Department.
The | ||||||
| 5 | Department is likewise empowered through the Director
to | ||||||
| 6 | establish prices or charges for information technology | ||||||
| 7 | services rendered by the Department for all statistical | ||||||
| 8 | reports purchased by
agencies and individuals not | ||||||
| 9 | connected with State government.
| ||||||
| 10 | (4) Instruct all State agencies as the Director may | ||||||
| 11 | require to
report regularly to the Department, in the | ||||||
| 12 | manner the
Director may
prescribe, their usage of | ||||||
| 13 | information technology electronic information devices and | ||||||
| 14 | services,
the cost
incurred, the information produced, and | ||||||
| 15 | the procedures followed in
obtaining the information. All | ||||||
| 16 | State agencies shall
request of the
Director any | ||||||
| 17 | information technology resources statistical
services | ||||||
| 18 | requiring the use of
electronic devices and shall conform | ||||||
| 19 | to the priorities assigned by the
Director in using those | ||||||
| 20 | electronic devices.
| ||||||
| 21 | (5) Examine the accounts, use of information | ||||||
| 22 | technology resources, and statistical data of any
| ||||||
| 23 | organization,
body, or agency receiving appropriations | ||||||
| 24 | from the General
Assembly.
| ||||||
| 25 | (6) Install and operate a modern information system | ||||||
| 26 | utilizing
equipment adequate to satisfy the requirements | ||||||
| |||||||
| |||||||
| 1 | for analysis and review
as specified by the Director. | ||||||
| 2 | Expenditures for information technology statistical | ||||||
| 3 | services
rendered shall be reimbursed by the recipients. | ||||||
| 4 | The reimbursement
shall
be determined by the Director as | ||||||
| 5 | amounts sufficient to
reimburse the Technology Management | ||||||
| 6 | Statistical Services Revolving Fund for expenditures
| ||||||
| 7 | incurred in rendering the services.
| ||||||
| 8 | (b) In addition to the other powers and duties listed in | ||||||
| 9 | this Section,
the Department shall analyze the present and | ||||||
| 10 | future aims, needs, and
requirements of information technology | ||||||
| 11 | statistical research and planning in order to provide
for the
| ||||||
| 12 | formulation of overall policy relative to the use of electronic | ||||||
| 13 | data
processing equipment and software by the State of | ||||||
| 14 | Illinois. In making this analysis,
the Department under the | ||||||
| 15 | Director shall formulate a master plan for the use of | ||||||
| 16 | information technology
statistical research, utilizing | ||||||
| 17 | electronic equipment, software and services most
| ||||||
| 18 | advantageously, and advising whether electronic data | ||||||
| 19 | processing
equipment and software should be leased or purchased | ||||||
| 20 | by the State. The Department under
the Director shall prepare | ||||||
| 21 | and submit interim reports of meaningful
developments and | ||||||
| 22 | proposals for legislation to the Governor on or before
January | ||||||
| 23 | 30 each year. The Department under the Director shall engage in | ||||||
| 24 | a
continuing analysis and evaluation of the master plan so | ||||||
| 25 | developed, and
it shall be the responsibility of the Department | ||||||
| 26 | to recommend from time to
time any needed amendments and | ||||||
| |||||||
| |||||||
| 1 | modifications of any master plan enacted
by the General | ||||||
| 2 | Assembly.
| ||||||
| 3 | (c) For the purposes of this Section, Section 405-245, and
| ||||||
| 4 | paragraph (4) of Section 405-10 only, "State
agencies" means | ||||||
| 5 | all
departments, boards, commissions, and agencies of the State | ||||||
| 6 | of Illinois
subject to the Governor.
| ||||||
| 7 | (Source: P.A. 94-91, eff. 7-1-05.)
| ||||||
| 8 | (20 ILCS 405/405-250) (was 20 ILCS 405/35.7a)
| ||||||
| 9 | Sec. 405-250. Information technology Statistical services; | ||||||
| 10 | use of information technology electronic data processing
| ||||||
| 11 | equipment and software. The Department may make information | ||||||
| 12 | technology resources statistical services and the
use of | ||||||
| 13 | information technology
electronic data processing equipment | ||||||
| 14 | and software, including necessary
telecommunications
lines and | ||||||
| 15 | equipment, available to local governments, elected State
| ||||||
| 16 | officials,
State educational institutions, and all other | ||||||
| 17 | governmental units of the
State
requesting them. The Director | ||||||
| 18 | is empowered to establish prices and charges
for the | ||||||
| 19 | information technology resources statistical services so | ||||||
| 20 | furnished and for the use of the information technology | ||||||
| 21 | electronic
data processing equipment and software and | ||||||
| 22 | necessary telecommunications lines and equipment.
The prices | ||||||
| 23 | and charges shall be sufficient to reimburse the cost
of | ||||||
| 24 | furnishing
the services and use of equipment, software, and | ||||||
| 25 | lines.
| ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 2 | (20 ILCS 405/405-410)
| ||||||
| 3 | Sec. 405-410. Transfer of Information Technology | ||||||
| 4 | functions.
| ||||||
| 5 | (a) Notwithstanding any other law to the contrary, the | ||||||
| 6 | Director of Central Management Services, working in | ||||||
| 7 | cooperation with
the Director of any other agency, department, | ||||||
| 8 | board, or commission directly
responsible to the Governor, may | ||||||
| 9 | direct the transfer, to the Department of
Central Management | ||||||
| 10 | Services, of those information technology functions at that
| ||||||
| 11 | agency, department, board, or commission that are suitable for | ||||||
| 12 | centralization.
| ||||||
| 13 | Upon receipt of the written direction to transfer | ||||||
| 14 | information technology
functions to the Department of Central | ||||||
| 15 | Management Services, the personnel,
equipment, and property | ||||||
| 16 | (both real and personal) directly relating to the
transferred | ||||||
| 17 | functions shall be transferred to the Department of Central
| ||||||
| 18 | Management Services, and the relevant documents, records, and | ||||||
| 19 | correspondence
shall be transferred or copied, as the Director | ||||||
| 20 | may prescribe.
| ||||||
| 21 | (b) Upon receiving written direction from the Director of | ||||||
| 22 | Central
Management Services, the Comptroller and Treasurer are | ||||||
| 23 | authorized
to transfer the unexpended balance of any | ||||||
| 24 | appropriations related to the
information technology functions | ||||||
| 25 | transferred to the Department of Central
Management Services | ||||||
| |||||||
| |||||||
| 1 | and shall make the necessary fund transfers from any
special | ||||||
| 2 | fund in the State Treasury or from any other federal or State | ||||||
| 3 | trust
fund held by the Treasurer to the General Revenue Fund or | ||||||
| 4 | , the Technology Management Statistical Services Revolving | ||||||
| 5 | Fund, or the Communications Revolving Fund, as designated by | ||||||
| 6 | the Director of Central Management Services, for
use by the | ||||||
| 7 | Department of Central Management Services in support of | ||||||
| 8 | information
technology functions or any other related costs or | ||||||
| 9 | expenses of the Department
of Central Management Services.
| ||||||
| 10 | (c) The rights of employees and the State and its agencies | ||||||
| 11 | under the
Personnel Code and applicable collective bargaining | ||||||
| 12 | agreements or under any
pension, retirement, or annuity plan | ||||||
| 13 | shall not be affected by any transfer
under this Section.
| ||||||
| 14 | (d) The functions transferred to the Department of Central | ||||||
| 15 | Management
Services by this Section shall be vested in and | ||||||
| 16 | shall be exercised by the
Department of Central Management | ||||||
| 17 | Services. Each act done in the exercise of
those functions | ||||||
| 18 | shall have the same legal effect as if done by the agencies,
| ||||||
| 19 | offices, divisions, departments, bureaus, boards and | ||||||
| 20 | commissions from which
they were transferred.
| ||||||
| 21 | Every person or other entity shall be subject to the same | ||||||
| 22 | obligations and
duties and any penalties, civil or criminal, | ||||||
| 23 | arising therefrom, and shall have
the same rights arising from | ||||||
| 24 | the exercise of such rights, powers, and duties as
had been | ||||||
| 25 | exercised by the agencies, offices, divisions, departments, | ||||||
| 26 | bureaus,
boards, and commissions from which they were | ||||||
| |||||||
| |||||||
| 1 | transferred.
| ||||||
| 2 | Whenever reports or notices are now required to be made or | ||||||
| 3 | given or papers
or documents furnished or served by any person | ||||||
| 4 | in regards to the functions
transferred to or upon the | ||||||
| 5 | agencies, offices, divisions, departments, bureaus,
boards, | ||||||
| 6 | and commissions from which the functions were transferred, the | ||||||
| 7 | same
shall be made, given, furnished or served in the same | ||||||
| 8 | manner to or upon the
Department of Central Management | ||||||
| 9 | Services.
| ||||||
| 10 | This Section does not affect any act done, ratified, or | ||||||
| 11 | cancelled or any
right occurring or established or any action | ||||||
| 12 | or proceeding had or commenced
in an administrative, civil, or | ||||||
| 13 | criminal cause regarding the functions
transferred, but those | ||||||
| 14 | proceedings may be continued by the Department of
Central | ||||||
| 15 | Management Services.
| ||||||
| 16 | This Section does not affect the legality of any rules in | ||||||
| 17 | the Illinois
Administrative Code regarding the functions | ||||||
| 18 | transferred in this Section that
are in force on the effective | ||||||
| 19 | date of this Section. If necessary, however,
the affected | ||||||
| 20 | agencies shall propose, adopt, or repeal rules, rule | ||||||
| 21 | amendments,
and rule recodifications as appropriate to | ||||||
| 22 | effectuate this Section.
| ||||||
| 23 | (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; | ||||||
| 24 | 93-1067, eff. 1-15-05.)
| ||||||
| 25 | Section 20-10. The State Finance Act is amended by changing | ||||||
| |||||||
| |||||||
| 1 | Sections 5.12, 5.55, 6p-1, 6p-2, 6z-34, and 8.16a as follows:
| ||||||
| 2 | (30 ILCS 105/5.12) (from Ch. 127, par. 141.12)
| ||||||
| 3 | Sec. 5.12. The Communications Revolving Fund. This Section | ||||||
| 4 | is repealed on December 31, 2017. | ||||||
| 5 | (Source: Laws 1919, p. 946.)
| ||||||
| 6 | (30 ILCS 105/5.55) (from Ch. 127, par. 141.55)
| ||||||
| 7 | Sec. 5.55. The Technology Management Statistical Services | ||||||
| 8 | Revolving Fund. | ||||||
| 9 | (Source: Laws 1919, p. 946.)
| ||||||
| 10 | (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
| ||||||
| 11 | Sec. 6p-1.
The Technology Management Revolving Fund | ||||||
| 12 | (formerly known as the Statistical Services Revolving Fund) | ||||||
| 13 | shall be initially
financed by a transfer of funds from the | ||||||
| 14 | General Revenue Fund. Thereafter,
all fees and other monies | ||||||
| 15 | received by the Department of Central Management
Services in | ||||||
| 16 | payment for statistical services rendered pursuant to Section
| ||||||
| 17 | 405-20 of the Department of Central Management Services Law (20
| ||||||
| 18 | ILCS 405/405-20) shall be paid
into
the Technology Management
| ||||||
| 19 | Statistical Services Revolving Fund. On and after July 1, 2017, | ||||||
| 20 | or after sufficient moneys have been received in the | ||||||
| 21 | Communications Revolving Fund to pay all Fiscal Year 2017 | ||||||
| 22 | obligations payable from the Fund, whichever is later, all fees | ||||||
| 23 | and other moneys received by the Department of Central | ||||||
| |||||||
| |||||||
| 1 | Management Services in payment for communications services | ||||||
| 2 | rendered pursuant to the Department of Central Management | ||||||
| 3 | Services Law of the Civil Administrative Code of Illinois or | ||||||
| 4 | sale of surplus State communications equipment shall be paid | ||||||
| 5 | into the Technology Management Revolving Fund. The money in | ||||||
| 6 | this fund shall be used
by the Department of Central Management | ||||||
| 7 | Services as reimbursement for
expenditures incurred in | ||||||
| 8 | rendering statistical services and, beginning July 1, 2017, as | ||||||
| 9 | reimbursement for expenditures incurred in relation to | ||||||
| 10 | communications services.
| ||||||
| 11 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 12 | (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
| ||||||
| 13 | Sec. 6p-2.
The Communications Revolving Fund shall be | ||||||
| 14 | initially financed
by a transfer of funds from the General | ||||||
| 15 | Revenue Fund. Thereafter, through June 30, 2017, all fees
and | ||||||
| 16 | other monies received by the Department of Central Management | ||||||
| 17 | Services in
payment for communications services rendered | ||||||
| 18 | pursuant to the Department of
Central Management Services Law | ||||||
| 19 | or sale of surplus State communications
equipment shall be paid | ||||||
| 20 | into the Communications Revolving Fund. Except as
otherwise | ||||||
| 21 | provided in this Section, the money in this fund shall be used | ||||||
| 22 | by the
Department of Central Management Services as | ||||||
| 23 | reimbursement for expenditures
incurred in relation to | ||||||
| 24 | communications services.
| ||||||
| 25 | On the effective date of this
amendatory Act of the 93rd | ||||||
| |||||||
| |||||||
| 1 | General Assembly, or as soon as practicable
thereafter, the | ||||||
| 2 | State Comptroller shall order transferred and the State
| ||||||
| 3 | Treasurer shall transfer $3,000,000 from the Communications | ||||||
| 4 | Revolving Fund to
the Emergency Public Health Fund to be used | ||||||
| 5 | for the purposes specified in
Section 55.6a of the | ||||||
| 6 | Environmental Protection Act.
| ||||||
| 7 | In addition to any other transfers that may be provided for | ||||||
| 8 | by law, on July 1, 2011, or as soon thereafter as practical, | ||||||
| 9 | the State Comptroller shall direct and the State Treasurer | ||||||
| 10 | shall transfer the sum of $5,000,000 from the General Revenue | ||||||
| 11 | Fund to the Communications Revolving Fund. | ||||||
| 12 | Notwithstanding any other provision of law, in addition to | ||||||
| 13 | any other transfers that may be provided by law, on July 1, | ||||||
| 14 | 2017, or after sufficient moneys have been received in the | ||||||
| 15 | Communications Revolving Fund to pay all Fiscal Year 2017 | ||||||
| 16 | obligations payable from the Fund, whichever is later, the | ||||||
| 17 | State Comptroller shall direct and the State Treasurer shall | ||||||
| 18 | transfer the remaining balance from the Communications | ||||||
| 19 | Revolving Fund into the Technology Management Revolving Fund. | ||||||
| 20 | Upon completion of the transfer, any future deposits due to | ||||||
| 21 | that Fund and any outstanding obligations or liabilities of | ||||||
| 22 | that Fund pass to the Technology Management Revolving Fund. | ||||||
| 23 | (Source: P.A. 97-641, eff. 12-19-11.)
| ||||||
| 24 | (30 ILCS 105/6z-34)
| ||||||
| 25 | Sec. 6z-34. Secretary of State Special Services Fund. There
| ||||||
| |||||||
| |||||||
| 1 | is created in the State Treasury a special fund to be known as | ||||||
| 2 | the Secretary of
State Special Services Fund. Moneys deposited | ||||||
| 3 | into the Fund may, subject to
appropriation, be used by the | ||||||
| 4 | Secretary of State for any or all of the
following purposes:
| ||||||
| 5 | (1) For general automation efforts within operations | ||||||
| 6 | of the Office of
Secretary of State.
| ||||||
| 7 | (2) For technology applications in any form that will | ||||||
| 8 | enhance the
operational capabilities of the Office of | ||||||
| 9 | Secretary of State.
| ||||||
| 10 | (3) To provide funds for any type of library grants | ||||||
| 11 | authorized and
administered by the Secretary of State as | ||||||
| 12 | State Librarian.
| ||||||
| 13 | These funds are in addition to any other funds otherwise | ||||||
| 14 | authorized to the
Office of Secretary of State for like or | ||||||
| 15 | similar purposes.
| ||||||
| 16 | On August 15, 1997, all fiscal year 1997 receipts that | ||||||
| 17 | exceed the
amount of $15,000,000 shall be transferred from this | ||||||
| 18 | Fund to the Technology Management Revolving Fund (formerly | ||||||
| 19 | known as the Statistical
Services Revolving Fund); on August | ||||||
| 20 | 15, 1998 and each year thereafter
through 2000, all
receipts | ||||||
| 21 | from the fiscal year ending on the previous June 30th that | ||||||
| 22 | exceed the
amount of $17,000,000 shall be transferred from this | ||||||
| 23 | Fund to the Technology Management Revolving Fund (formerly | ||||||
| 24 | known as the Statistical
Services Revolving Fund); on August | ||||||
| 25 | 15, 2001 and each year thereafter
through 2002, all
receipts | ||||||
| 26 | from the fiscal year ending on the previous June 30th that | ||||||
| |||||||
| |||||||
| 1 | exceed the
amount of $19,000,000 shall be transferred from this | ||||||
| 2 | Fund to the Technology Management Revolving Fund (formerly | ||||||
| 3 | known as the Statistical
Services Revolving Fund); and on | ||||||
| 4 | August 15, 2003 and each year thereafter, all
receipts from the | ||||||
| 5 | fiscal year ending on the previous June 30th that exceed the
| ||||||
| 6 | amount of $33,000,000 shall be transferred from this Fund to | ||||||
| 7 | the Technology Management Revolving Fund (formerly known as the | ||||||
| 8 | Statistical
Services Revolving Fund).
| ||||||
| 9 | (Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
| ||||||
| 10 | (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
| ||||||
| 11 | Sec. 8.16a.
Appropriations for the procurement, | ||||||
| 12 | installation,
retention, maintenance and operation of | ||||||
| 13 | electronic data processing and
information technology devices | ||||||
| 14 | and software used by state agencies subject to Section 405-20 | ||||||
| 15 | of
the Department of Central Management Services Law (20 ILCS | ||||||
| 16 | 405/405-20), the purchase of necessary
supplies and equipment | ||||||
| 17 | and accessories thereto, and all other expenses
incident to the | ||||||
| 18 | operation and maintenance of those electronic data
processing | ||||||
| 19 | and information technology devices and software are payable | ||||||
| 20 | from the Technology Management Statistical
Services Revolving | ||||||
| 21 | Fund. However, no contract shall be entered into or
obligation | ||||||
| 22 | incurred for any expenditure from the Technology Management | ||||||
| 23 | Statistical Services
Revolving Fund until after the purpose and | ||||||
| 24 | amount has been approved in
writing by the Director of Central | ||||||
| 25 | Management Services. Until there are
sufficient funds in the | ||||||
| |||||||
| |||||||
| 1 | Technology Management Revolving Fund (formerly known as the | ||||||
| 2 | Statistical Services Revolving Fund) to carry out
the purposes | ||||||
| 3 | of this amendatory Act of 1965, however, the State agencies
| ||||||
| 4 | subject to that Section 405-20
shall, on written approval of | ||||||
| 5 | the Director of Central Management
Services, pay the cost of | ||||||
| 6 | operating and maintaining electronic data processing
systems | ||||||
| 7 | from current appropriations as classified and standardized in | ||||||
| 8 | the State Finance Act
"An Act in relation to State finance", | ||||||
| 9 | approved June 10, 1919, as amended.
| ||||||
| 10 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
| 11 | Section 20-15. The Illinois Pension Code is amended by | ||||||
| 12 | changing Section 1A-112 as follows:
| ||||||
| 13 | (40 ILCS 5/1A-112)
| ||||||
| 14 | Sec. 1A-112. Fees.
| ||||||
| 15 | (a) Every pension fund that is required to file an annual | ||||||
| 16 | statement under
Section 1A-109 shall pay to the Department an | ||||||
| 17 | annual compliance fee. In the
case of a pension fund under | ||||||
| 18 | Article 3 or 4 of this Code, the annual compliance
fee shall be | ||||||
| 19 | 0.02% (2 basis points) of the total
assets of the pension
fund, | ||||||
| 20 | as reported in the most current annual statement of the fund, | ||||||
| 21 | but not
more than $8,000. In the case of all other pension | ||||||
| 22 | funds and
retirement
systems, the annual compliance fee shall | ||||||
| 23 | be $8,000.
| ||||||
| 24 | (b) The annual compliance fee shall be due on June 30 for | ||||||
| |||||||
| |||||||
| 1 | the following
State fiscal year, except that the fee payable in | ||||||
| 2 | 1997 for fiscal year 1998
shall be due no earlier than 30 days | ||||||
| 3 | following the effective date of this
amendatory Act of 1997.
| ||||||
| 4 | (c) Any information obtained by the Division that is | ||||||
| 5 | available to the public
under the Freedom of Information Act | ||||||
| 6 | and is either compiled in published form
or maintained on a | ||||||
| 7 | computer processible medium shall be furnished upon the
written | ||||||
| 8 | request of any applicant and the payment of a reasonable | ||||||
| 9 | information
services fee established by the Director, | ||||||
| 10 | sufficient to cover the total cost to
the Division of | ||||||
| 11 | compiling, processing, maintaining, and generating the
| ||||||
| 12 | information. The information may be furnished by means of | ||||||
| 13 | published copy or on
a computer processed or computer | ||||||
| 14 | processible medium.
| ||||||
| 15 | No fee may be charged to any person for information that | ||||||
| 16 | the Division is
required by law to furnish to that person.
| ||||||
| 17 | (d) Except as otherwise provided in this Section, all fees | ||||||
| 18 | and penalties
collected by the Department under this Code shall | ||||||
| 19 | be deposited into the Public
Pension Regulation Fund.
| ||||||
| 20 | (e) Fees collected under subsection (c) of this Section and | ||||||
| 21 | money collected
under Section 1A-107 shall be deposited into | ||||||
| 22 | the Technology Management Department's Statistical
Services | ||||||
| 23 | Revolving Fund and credited to the account of the Department's | ||||||
| 24 | Public Pension
Division. This income shall be used exclusively | ||||||
| 25 | for the
purposes set forth in Section 1A-107. Notwithstanding | ||||||
| 26 | the provisions of
Section 408.2 of the Illinois Insurance Code, | ||||||
| |||||||
| |||||||
| 1 | no surplus funds remaining in
this account shall be deposited | ||||||
| 2 | in the Insurance Financial Regulation Fund.
All money in this | ||||||
| 3 | account that the Director certifies is not needed for the
| ||||||
| 4 | purposes set forth in Section 1A-107 of this Code shall be | ||||||
| 5 | transferred to the
Public Pension Regulation Fund.
| ||||||
| 6 | (f) Nothing in this Code prohibits the General Assembly | ||||||
| 7 | from appropriating
funds from the General Revenue Fund to the | ||||||
| 8 | Department for the purpose of
administering or enforcing this | ||||||
| 9 | Code.
| ||||||
| 10 | (Source: P.A. 93-32, eff. 7-1-03.)
| ||||||
| 11 | Section 20-20. The Illinois Insurance Code is amended by | ||||||
| 12 | changing Sections 408, 408.2, 1202, and 1206 as follows:
| ||||||
| 13 | (215 ILCS 5/408) (from Ch. 73, par. 1020)
| ||||||
| 14 | Sec. 408. Fees and charges.
| ||||||
| 15 | (1) The Director shall charge, collect and
give proper | ||||||
| 16 | acquittances for the payment of the following fees and charges:
| ||||||
| 17 | (a) For filing all documents submitted for the | ||||||
| 18 | incorporation or
organization or certification of a | ||||||
| 19 | domestic company, except for a fraternal
benefit society, | ||||||
| 20 | $2,000.
| ||||||
| 21 | (b) For filing all documents submitted for the | ||||||
| 22 | incorporation or
organization of a fraternal benefit | ||||||
| 23 | society, $500.
| ||||||
| 24 | (c) For filing amendments to articles of incorporation | ||||||
| |||||||
| |||||||
| 1 | and amendments to
declaration of organization, except for a | ||||||
| 2 | fraternal benefit society, a
mutual benefit association, a | ||||||
| 3 | burial society or a farm mutual, $200.
| ||||||
| 4 | (d) For filing amendments to articles of incorporation | ||||||
| 5 | of a fraternal
benefit society, a mutual benefit | ||||||
| 6 | association or a burial society, $100.
| ||||||
| 7 | (e) For filing amendments to articles of incorporation | ||||||
| 8 | of a farm mutual,
$50.
| ||||||
| 9 | (f) For filing bylaws or amendments thereto, $50.
| ||||||
| 10 | (g) For filing agreement of merger or consolidation:
| ||||||
| 11 | (i) for a domestic company, except
for a fraternal | ||||||
| 12 | benefit society, a
mutual benefit association, a | ||||||
| 13 | burial society,
or a farm mutual, $2,000.
| ||||||
| 14 | (ii) for a foreign or
alien company, except for a | ||||||
| 15 | fraternal
benefit society, $600.
| ||||||
| 16 | (iii) for a fraternal benefit society,
a mutual | ||||||
| 17 | benefit association, a burial society,
or a farm | ||||||
| 18 | mutual, $200.
| ||||||
| 19 | (h) For filing agreements of reinsurance by a domestic | ||||||
| 20 | company, $200.
| ||||||
| 21 | (i) For filing all documents submitted by a foreign or | ||||||
| 22 | alien
company to be admitted to transact business or | ||||||
| 23 | accredited as a
reinsurer in this State, except for a
| ||||||
| 24 | fraternal benefit society, $5,000.
| ||||||
| 25 | (j) For filing all documents submitted by a foreign or | ||||||
| 26 | alien
fraternal benefit society to be admitted to transact | ||||||
| |||||||
| |||||||
| 1 | business
in this State, $500.
| ||||||
| 2 | (k) For filing declaration of withdrawal of a foreign | ||||||
| 3 | or
alien company, $50.
| ||||||
| 4 | (l) For filing annual statement by a domestic company, | ||||||
| 5 | except a fraternal benefit
society, a mutual benefit | ||||||
| 6 | association, a burial society, or
a farm mutual, $200.
| ||||||
| 7 | (m) For filing annual statement by a domestic fraternal | ||||||
| 8 | benefit
society, $100.
| ||||||
| 9 | (n) For filing annual statement by a farm mutual, a | ||||||
| 10 | mutual benefit
association, or a burial society, $50.
| ||||||
| 11 | (o) For issuing a certificate of authority or
renewal | ||||||
| 12 | thereof except to a foreign fraternal benefit society, | ||||||
| 13 | $400.
| ||||||
| 14 | (p) For issuing a certificate of authority or renewal | ||||||
| 15 | thereof to a foreign
fraternal benefit society, $200.
| ||||||
| 16 | (q) For issuing an amended certificate of authority, | ||||||
| 17 | $50.
| ||||||
| 18 | (r) For each certified copy of certificate of | ||||||
| 19 | authority, $20.
| ||||||
| 20 | (s) For each certificate of deposit, or valuation, or | ||||||
| 21 | compliance
or surety certificate, $20.
| ||||||
| 22 | (t) For copies of papers or records per page, $1.
| ||||||
| 23 | (u) For each certification to copies
of papers or | ||||||
| 24 | records, $10.
| ||||||
| 25 | (v) For multiple copies of documents or certificates | ||||||
| 26 | listed in
subparagraphs (r), (s), and (u) of paragraph (1) | ||||||
| |||||||
| |||||||
| 1 | of this Section, $10 for
the first copy of a certificate of | ||||||
| 2 | any type and $5 for each additional copy
of the same | ||||||
| 3 | certificate requested at the same time, unless, pursuant to
| ||||||
| 4 | paragraph (2) of this Section, the Director finds these | ||||||
| 5 | additional fees
excessive.
| ||||||
| 6 | (w) For issuing a permit to sell shares or increase | ||||||
| 7 | paid-up
capital:
| ||||||
| 8 | (i) in connection with a public stock offering, | ||||||
| 9 | $300;
| ||||||
| 10 | (ii) in any other case, $100.
| ||||||
| 11 | (x) For issuing any other certificate required or | ||||||
| 12 | permissible
under the law, $50.
| ||||||
| 13 | (y) For filing a plan of exchange of the stock of a | ||||||
| 14 | domestic
stock insurance company, a plan of | ||||||
| 15 | demutualization of a domestic
mutual company, or a plan of | ||||||
| 16 | reorganization under Article XII, $2,000.
| ||||||
| 17 | (z) For filing a statement of acquisition of a
domestic | ||||||
| 18 | company as defined in Section 131.4 of this Code, $2,000.
| ||||||
| 19 | (aa) For filing an agreement to purchase the business | ||||||
| 20 | of an
organization authorized under the Dental Service Plan | ||||||
| 21 | Act
or the Voluntary Health Services Plans Act or
of a | ||||||
| 22 | health maintenance
organization or a limited health | ||||||
| 23 | service organization, $2,000.
| ||||||
| 24 | (bb) For filing a statement of acquisition of a foreign | ||||||
| 25 | or alien
insurance company as defined in Section 131.12a of | ||||||
| 26 | this Code, $1,000.
| ||||||
| |||||||
| |||||||
| 1 | (cc) For filing a registration statement as required in | ||||||
| 2 | Sections 131.13
and 131.14, the notification as required by | ||||||
| 3 | Sections 131.16,
131.20a, or 141.4, or an
agreement or | ||||||
| 4 | transaction required by Sections 124.2(2), 141, 141a, or
| ||||||
| 5 | 141.1, $200.
| ||||||
| 6 | (dd) For filing an application for licensing of:
| ||||||
| 7 | (i) a religious or charitable risk pooling trust or | ||||||
| 8 | a workers'
compensation pool, $1,000;
| ||||||
| 9 | (ii) a workers' compensation service company, | ||||||
| 10 | $500;
| ||||||
| 11 | (iii) a self-insured automobile fleet, $200; or
| ||||||
| 12 | (iv) a renewal of or amendment of any license | ||||||
| 13 | issued pursuant to (i),
(ii), or (iii) above, $100.
| ||||||
| 14 | (ee) For filing articles of incorporation for a | ||||||
| 15 | syndicate to engage in
the business of insurance through | ||||||
| 16 | the Illinois Insurance Exchange, $2,000.
| ||||||
| 17 | (ff) For filing amended articles of incorporation for a | ||||||
| 18 | syndicate engaged
in the business of insurance through the | ||||||
| 19 | Illinois Insurance Exchange, $100.
| ||||||
| 20 | (gg) For filing articles of incorporation for a limited | ||||||
| 21 | syndicate to
join with other subscribers or limited | ||||||
| 22 | syndicates to do business through
the Illinois Insurance | ||||||
| 23 | Exchange, $1,000.
| ||||||
| 24 | (hh) For filing amended articles of incorporation for a | ||||||
| 25 | limited
syndicate to do business through the Illinois | ||||||
| 26 | Insurance Exchange, $100.
| ||||||
| |||||||
| |||||||
| 1 | (ii) For a permit to solicit subscriptions to a | ||||||
| 2 | syndicate
or limited syndicate, $100.
| ||||||
| 3 | (jj) For the filing of each form as required in Section | ||||||
| 4 | 143 of this
Code, $50 per form. The fee for advisory and | ||||||
| 5 | rating
organizations shall be $200 per form.
| ||||||
| 6 | (i) For the purposes of the form filing fee, | ||||||
| 7 | filings made on insert page
basis will be considered | ||||||
| 8 | one form at the time of its original submission.
| ||||||
| 9 | Changes made to a form subsequent to its approval shall | ||||||
| 10 | be considered a
new filing.
| ||||||
| 11 | (ii) Only one fee shall be charged for a form, | ||||||
| 12 | regardless of the number
of other forms or policies | ||||||
| 13 | with which it will be used.
| ||||||
| 14 | (iii) Fees charged for a policy filed as it will be | ||||||
| 15 | issued regardless of the number of forms comprising | ||||||
| 16 | that policy shall not exceed $1,500. For advisory or | ||||||
| 17 | rating organizations, fees charged for a policy filed | ||||||
| 18 | as it will be issued regardless of the number of forms | ||||||
| 19 | comprising that policy shall not exceed $2,500.
| ||||||
| 20 | (iv) The Director may by rule exempt forms from | ||||||
| 21 | such fees.
| ||||||
| 22 | (kk) For filing an application for licensing of a | ||||||
| 23 | reinsurance
intermediary, $500.
| ||||||
| 24 | (ll) For filing an application for renewal of a license | ||||||
| 25 | of a reinsurance
intermediary, $200.
| ||||||
| 26 | (2) When printed copies or numerous copies of the same | ||||||
| |||||||
| |||||||
| 1 | paper or records
are furnished or certified, the Director may | ||||||
| 2 | reduce such fees for copies
if he finds them excessive. He may, | ||||||
| 3 | when he considers it in the public
interest, furnish without | ||||||
| 4 | charge to state insurance departments and persons
other than | ||||||
| 5 | companies, copies or certified copies of reports of | ||||||
| 6 | examinations
and of other papers and records.
| ||||||
| 7 | (3) The expenses incurred in any performance
examination | ||||||
| 8 | authorized by law shall be paid by the company or person being
| ||||||
| 9 | examined. The charge shall be reasonably related to the cost of | ||||||
| 10 | the
examination including but not limited to compensation of | ||||||
| 11 | examiners,
electronic data processing costs, supervision and | ||||||
| 12 | preparation of an
examination report and lodging and travel | ||||||
| 13 | expenses.
All lodging and travel expenses shall be in accord
| ||||||
| 14 | with the applicable travel regulations as published by the | ||||||
| 15 | Department of
Central Management Services and approved by the | ||||||
| 16 | Governor's Travel Control
Board, except that out-of-state | ||||||
| 17 | lodging and travel expenses related to
examinations authorized | ||||||
| 18 | under Section 132 shall be in accordance with
travel rates | ||||||
| 19 | prescribed under paragraph 301-7.2 of the Federal Travel
| ||||||
| 20 | Regulations, 41 C.F.R. 301-7.2, for reimbursement of | ||||||
| 21 | subsistence expenses
incurred during official travel. All | ||||||
| 22 | lodging and travel expenses may be reimbursed directly upon | ||||||
| 23 | authorization of the
Director. With the exception of the
direct | ||||||
| 24 | reimbursements authorized by the
Director, all performance | ||||||
| 25 | examination charges collected by the
Department shall be paid
| ||||||
| 26 | to the Insurance Producer Administration Fund,
however, the | ||||||
| |||||||
| |||||||
| 1 | electronic data processing costs
incurred by the Department in | ||||||
| 2 | the performance of any examination shall be
billed directly to | ||||||
| 3 | the company being examined for payment to the Technology | ||||||
| 4 | Management
Statistical Services Revolving Fund.
| ||||||
| 5 | (4) At the time of any service of process on the Director
| ||||||
| 6 | as attorney for such service, the Director shall charge and | ||||||
| 7 | collect the
sum of $20, which may be recovered as taxable costs | ||||||
| 8 | by
the party to the suit or action causing such service to be | ||||||
| 9 | made if he prevails
in such suit or action.
| ||||||
| 10 | (5) (a) The costs incurred by the Department of Insurance
| ||||||
| 11 | in conducting any hearing authorized by law shall be assessed | ||||||
| 12 | against the
parties to the hearing in such proportion as the | ||||||
| 13 | Director of Insurance may
determine upon consideration of all | ||||||
| 14 | relevant circumstances including: (1)
the nature of the | ||||||
| 15 | hearing; (2) whether the hearing was instigated by, or
for the | ||||||
| 16 | benefit of a particular party or parties; (3) whether there is | ||||||
| 17 | a
successful party on the merits of the proceeding; and (4) the | ||||||
| 18 | relative levels
of participation by the parties.
| ||||||
| 19 | (b) For purposes of this subsection (5) costs incurred | ||||||
| 20 | shall
mean the hearing officer fees, court reporter fees, and | ||||||
| 21 | travel expenses
of Department of Insurance officers and | ||||||
| 22 | employees; provided however, that
costs incurred shall not | ||||||
| 23 | include hearing officer fees or court reporter
fees unless the | ||||||
| 24 | Department has retained the services of independent
| ||||||
| 25 | contractors or outside experts to perform such functions.
| ||||||
| 26 | (c) The Director shall make the assessment of costs | ||||||
| |||||||
| |||||||
| 1 | incurred as part of
the final order or decision arising out of | ||||||
| 2 | the proceeding; provided, however,
that such order or decision | ||||||
| 3 | shall include findings and conclusions in support
of the | ||||||
| 4 | assessment of costs. This subsection (5) shall not be construed | ||||||
| 5 | as
permitting the payment of travel expenses unless calculated | ||||||
| 6 | in accordance
with the applicable travel regulations of the | ||||||
| 7 | Department
of Central Management Services, as approved by the | ||||||
| 8 | Governor's Travel Control
Board. The Director as part of such | ||||||
| 9 | order or decision shall require all
assessments for hearing | ||||||
| 10 | officer fees and court reporter fees, if any, to
be paid | ||||||
| 11 | directly to the hearing officer or court reporter by the | ||||||
| 12 | party(s)
assessed for such costs. The assessments for travel | ||||||
| 13 | expenses of Department
officers and employees shall be | ||||||
| 14 | reimbursable to the
Director of Insurance for
deposit to the | ||||||
| 15 | fund out of which those expenses had been paid.
| ||||||
| 16 | (d) The provisions of this subsection (5) shall apply in | ||||||
| 17 | the case of any
hearing conducted by the Director of Insurance | ||||||
| 18 | not otherwise specifically
provided for by law.
| ||||||
| 19 | (6) The Director shall charge and collect an annual | ||||||
| 20 | financial
regulation fee from every domestic company for | ||||||
| 21 | examination and analysis of
its financial condition and to fund | ||||||
| 22 | the internal costs and expenses of the
Interstate Insurance | ||||||
| 23 | Receivership Commission as may be allocated to the State
of | ||||||
| 24 | Illinois and companies doing an insurance business in this | ||||||
| 25 | State pursuant to
Article X of the Interstate Insurance | ||||||
| 26 | Receivership Compact. The fee shall be
the greater fixed amount | ||||||
| |||||||
| |||||||
| 1 | based upon
the combination of nationwide direct premium income | ||||||
| 2 | and
nationwide reinsurance
assumed premium
income or upon | ||||||
| 3 | admitted assets calculated under this subsection as follows:
| ||||||
| 4 | (a) Combination of nationwide direct premium income | ||||||
| 5 | and
nationwide reinsurance assumed premium.
| ||||||
| 6 | (i) $150, if the premium is less than $500,000 and | ||||||
| 7 | there is
no
reinsurance assumed premium;
| ||||||
| 8 | (ii) $750, if the premium is $500,000 or more, but | ||||||
| 9 | less
than $5,000,000
and there is no reinsurance | ||||||
| 10 | assumed premium; or if the premium is less than
| ||||||
| 11 | $5,000,000 and the reinsurance assumed premium is less | ||||||
| 12 | than $10,000,000;
| ||||||
| 13 | (iii) $3,750, if the premium is less than | ||||||
| 14 | $5,000,000 and
the reinsurance
assumed premium is | ||||||
| 15 | $10,000,000 or more;
| ||||||
| 16 | (iv) $7,500, if the premium is $5,000,000 or more, | ||||||
| 17 | but
less than
$10,000,000;
| ||||||
| 18 | (v) $18,000, if the premium is $10,000,000 or more, | ||||||
| 19 | but
less than $25,000,000;
| ||||||
| 20 | (vi) $22,500, if the premium is $25,000,000 or | ||||||
| 21 | more, but
less
than $50,000,000;
| ||||||
| 22 | (vii) $30,000, if the premium is $50,000,000 or | ||||||
| 23 | more,
but less than $100,000,000;
| ||||||
| 24 | (viii) $37,500, if the premium is $100,000,000 or | ||||||
| 25 | more.
| ||||||
| 26 | (b) Admitted assets.
| ||||||
| |||||||
| |||||||
| 1 | (i) $150, if admitted assets are less than | ||||||
| 2 | $1,000,000;
| ||||||
| 3 | (ii) $750, if admitted assets are $1,000,000 or | ||||||
| 4 | more, but
less than
$5,000,000;
| ||||||
| 5 | (iii) $3,750, if admitted assets are $5,000,000 or | ||||||
| 6 | more,
but less than
$25,000,000;
| ||||||
| 7 | (iv) $7,500, if admitted assets are $25,000,000 or | ||||||
| 8 | more,
but less than
$50,000,000;
| ||||||
| 9 | (v) $18,000, if admitted assets are $50,000,000 or | ||||||
| 10 | more,
but less than
$100,000,000;
| ||||||
| 11 | (vi) $22,500, if admitted assets are $100,000,000 | ||||||
| 12 | or
more, but less
than $500,000,000;
| ||||||
| 13 | (vii) $30,000, if admitted assets are $500,000,000 | ||||||
| 14 | or
more, but less
than $1,000,000,000;
| ||||||
| 15 | (viii) $37,500, if admitted assets are | ||||||
| 16 | $1,000,000,000
or more.
| ||||||
| 17 | (c) The sum of financial regulation fees charged to the | ||||||
| 18 | domestic
companies of the same affiliated group shall not | ||||||
| 19 | exceed $250,000
in the aggregate in any single year and | ||||||
| 20 | shall be billed by the Director to
the member company | ||||||
| 21 | designated by the
group.
| ||||||
| 22 | (7) The Director shall charge and collect an annual | ||||||
| 23 | financial regulation
fee from every foreign or alien company, | ||||||
| 24 | except fraternal benefit
societies, for the
examination and | ||||||
| 25 | analysis of its financial condition and to fund the internal
| ||||||
| 26 | costs and expenses of the Interstate Insurance Receivership | ||||||
| |||||||
| |||||||
| 1 | Commission as may
be allocated to the State of Illinois and | ||||||
| 2 | companies doing an insurance business
in this State pursuant to | ||||||
| 3 | Article X of the Interstate Insurance Receivership
Compact.
The | ||||||
| 4 | fee shall be a fixed amount based upon Illinois direct premium | ||||||
| 5 | income
and nationwide reinsurance assumed premium income in | ||||||
| 6 | accordance with the
following schedule:
| ||||||
| 7 | (a) $150, if the premium is less than $500,000 and | ||||||
| 8 | there is
no
reinsurance assumed premium;
| ||||||
| 9 | (b) $750, if the premium is $500,000 or more, but less | ||||||
| 10 | than
$5,000,000
and there is no reinsurance assumed | ||||||
| 11 | premium;
or if the premium is less than $5,000,000 and the | ||||||
| 12 | reinsurance assumed
premium is less than $10,000,000;
| ||||||
| 13 | (c) $3,750, if the premium is less than $5,000,000 and | ||||||
| 14 | the
reinsurance
assumed premium is $10,000,000 or more;
| ||||||
| 15 | (d) $7,500, if the premium is $5,000,000 or more, but | ||||||
| 16 | less
than
$10,000,000;
| ||||||
| 17 | (e) $18,000, if the premium is $10,000,000 or more, but
| ||||||
| 18 | less than
$25,000,000;
| ||||||
| 19 | (f) $22,500, if the premium is $25,000,000 or more, but
| ||||||
| 20 | less than
$50,000,000;
| ||||||
| 21 | (g) $30,000, if the premium is $50,000,000 or more, but
| ||||||
| 22 | less than
$100,000,000;
| ||||||
| 23 | (h) $37,500, if the premium is $100,000,000 or more.
| ||||||
| 24 | The sum of financial regulation fees under this subsection | ||||||
| 25 | (7)
charged to the foreign or alien companies within the same | ||||||
| 26 | affiliated group
shall not exceed $250,000 in the aggregate in | ||||||
| |||||||
| |||||||
| 1 | any single year
and shall be
billed by the Director to the | ||||||
| 2 | member company designated by the group.
| ||||||
| 3 | (8) Beginning January 1, 1992, the financial regulation | ||||||
| 4 | fees imposed
under subsections (6) and (7)
of this Section | ||||||
| 5 | shall be paid by each company or domestic affiliated group
| ||||||
| 6 | annually. After January
1, 1994, the fee shall be billed by | ||||||
| 7 | Department invoice
based upon the company's
premium income or | ||||||
| 8 | admitted assets as shown in its annual statement for the
| ||||||
| 9 | preceding calendar year. The invoice is due upon
receipt and | ||||||
| 10 | must be paid no later than June 30 of each calendar year. All
| ||||||
| 11 | financial
regulation fees collected by the Department shall be | ||||||
| 12 | paid to the Insurance
Financial Regulation Fund. The Department | ||||||
| 13 | may not collect financial
examiner per diem charges from | ||||||
| 14 | companies subject to subsections (6) and (7)
of this Section | ||||||
| 15 | undergoing financial examination
after June 30, 1992.
| ||||||
| 16 | (9) In addition to the financial regulation fee required by | ||||||
| 17 | this
Section, a company undergoing any financial examination | ||||||
| 18 | authorized by law
shall pay the following costs and expenses | ||||||
| 19 | incurred by the Department:
electronic data processing costs, | ||||||
| 20 | the expenses authorized under Section 131.21
and
subsection (d) | ||||||
| 21 | of Section 132.4 of this Code, and lodging and travel expenses.
| ||||||
| 22 | Electronic data processing costs incurred by the | ||||||
| 23 | Department in the
performance of any examination shall be | ||||||
| 24 | billed directly to the company
undergoing examination for | ||||||
| 25 | payment to the Technology Management Statistical Services | ||||||
| 26 | Revolving
Fund. Except for direct reimbursements authorized by | ||||||
| |||||||
| |||||||
| 1 | the Director or
direct payments made under Section 131.21 or | ||||||
| 2 | subsection (d) of Section
132.4 of this Code, all financial | ||||||
| 3 | regulation fees and all financial
examination charges | ||||||
| 4 | collected by the Department shall be paid to the
Insurance | ||||||
| 5 | Financial Regulation Fund.
| ||||||
| 6 | All lodging and travel expenses shall be in accordance with | ||||||
| 7 | applicable
travel regulations published by the Department of | ||||||
| 8 | Central Management
Services and approved by the Governor's | ||||||
| 9 | Travel Control Board, except that
out-of-state lodging and | ||||||
| 10 | travel expenses related to examinations authorized
under | ||||||
| 11 | Sections 132.1 through 132.7 shall be in accordance
with travel | ||||||
| 12 | rates prescribed
under paragraph 301-7.2 of the Federal Travel | ||||||
| 13 | Regulations, 41 C.F.R. 301-7.2,
for reimbursement of | ||||||
| 14 | subsistence expenses incurred during official travel.
All | ||||||
| 15 | lodging and travel expenses may be
reimbursed directly upon the | ||||||
| 16 | authorization of the Director.
| ||||||
| 17 | In the case of an organization or person not subject to the | ||||||
| 18 | financial
regulation fee, the expenses incurred in any | ||||||
| 19 | financial examination authorized
by law shall be paid by the | ||||||
| 20 | organization or person being examined. The charge
shall be | ||||||
| 21 | reasonably related to the cost of the examination including, | ||||||
| 22 | but not
limited to, compensation of examiners and other costs | ||||||
| 23 | described in this
subsection.
| ||||||
| 24 | (10) Any company, person, or entity failing to make any | ||||||
| 25 | payment of $150
or more as required under this Section shall be | ||||||
| 26 | subject to the penalty and
interest provisions provided for in | ||||||
| |||||||
| |||||||
| 1 | subsections (4) and (7)
of Section 412.
| ||||||
| 2 | (11) Unless otherwise specified, all of the fees collected | ||||||
| 3 | under this
Section shall be paid into the Insurance Financial | ||||||
| 4 | Regulation Fund.
| ||||||
| 5 | (12) For purposes of this Section:
| ||||||
| 6 | (a) "Domestic company" means a company as defined in | ||||||
| 7 | Section 2 of this
Code which is incorporated or organized | ||||||
| 8 | under the laws of this State, and in
addition includes a | ||||||
| 9 | not-for-profit corporation authorized under the Dental
| ||||||
| 10 | Service Plan Act or the Voluntary Health
Services Plans | ||||||
| 11 | Act, a health maintenance organization, and a
limited
| ||||||
| 12 | health service organization.
| ||||||
| 13 | (b) "Foreign company" means a company as defined in | ||||||
| 14 | Section 2 of this
Code which is incorporated or organized | ||||||
| 15 | under the laws of any state of the
United States other than | ||||||
| 16 | this State and in addition includes a health
maintenance | ||||||
| 17 | organization and a limited health service organization | ||||||
| 18 | which is
incorporated or organized under the laws
of any | ||||||
| 19 | state of the United States other than this State.
| ||||||
| 20 | (c) "Alien company" means a company as defined in | ||||||
| 21 | Section 2 of this Code
which is incorporated or organized | ||||||
| 22 | under the laws of any country other than
the United States.
| ||||||
| 23 | (d) "Fraternal benefit society" means a corporation, | ||||||
| 24 | society, order,
lodge or voluntary association as defined | ||||||
| 25 | in Section 282.1 of this
Code.
| ||||||
| 26 | (e) "Mutual benefit association" means a company, | ||||||
| |||||||
| |||||||
| 1 | association or
corporation authorized by the Director to do | ||||||
| 2 | business in this State under
the provisions of Article | ||||||
| 3 | XVIII of this Code.
| ||||||
| 4 | (f) "Burial society" means a person, firm, | ||||||
| 5 | corporation, society or
association of individuals | ||||||
| 6 | authorized by the Director to do business in
this State | ||||||
| 7 | under the provisions of Article XIX of this Code.
| ||||||
| 8 | (g) "Farm mutual" means a district, county and township | ||||||
| 9 | mutual insurance
company authorized by the Director to do | ||||||
| 10 | business in this State under the
provisions of the Farm | ||||||
| 11 | Mutual Insurance Company Act of 1986.
| ||||||
| 12 | (Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11; | ||||||
| 13 | 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
| ||||||
| 14 | (215 ILCS 5/408.2) (from Ch. 73, par. 1020.2)
| ||||||
| 15 | Sec. 408.2. Statistical Services. Any public record, or any | ||||||
| 16 | data obtained
by the Department of Insurance, which is subject | ||||||
| 17 | to public inspection or
copying and which is maintained on a | ||||||
| 18 | computer processible medium, may be
furnished in a computer | ||||||
| 19 | processed or computer processible medium upon the
written | ||||||
| 20 | request of any applicant and the payment of a reasonable fee
| ||||||
| 21 | established by the Director sufficient to cover the total cost | ||||||
| 22 | of the
Department for processing, maintaining and generating | ||||||
| 23 | such computer
processible records or data, except to the extent | ||||||
| 24 | of any salaries or
compensation of Department officers or | ||||||
| 25 | employees.
| ||||||
| |||||||
| |||||||
| 1 | The Director of Insurance is specifically authorized to | ||||||
| 2 | contract with
members of the public at large, enter waiver | ||||||
| 3 | agreements, or otherwise enter
written agreements for the | ||||||
| 4 | purpose of assuring public access to the
Department's computer | ||||||
| 5 | processible records or data, or for the purpose of
restricting, | ||||||
| 6 | controlling or limiting such access where necessary to protect
| ||||||
| 7 | the confidentiality of individuals, companies or other | ||||||
| 8 | entities identified
by such documents.
| ||||||
| 9 | All fees collected by the Director under this Section 408.2 | ||||||
| 10 | shall be
deposited in the Technology Management Statistical | ||||||
| 11 | Services Revolving Fund and credited to the
account of the | ||||||
| 12 | Department of Insurance. Any surplus funds remaining in
such | ||||||
| 13 | account at the close of any fiscal year shall be delivered to | ||||||
| 14 | the
State Treasurer for deposit in the Insurance Financial | ||||||
| 15 | Regulation Fund.
| ||||||
| 16 | (Source: P.A. 84-989.)
| ||||||
| 17 | (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
| ||||||
| 18 | Sec. 1202. Duties. The Director shall:
| ||||||
| 19 | (a) determine the relationship of insurance premiums | ||||||
| 20 | and related income
as compared to insurance costs and | ||||||
| 21 | expenses and provide such information to
the General | ||||||
| 22 | Assembly and the general public;
| ||||||
| 23 | (b) study the insurance system in the State of | ||||||
| 24 | Illinois, and recommend
to the General Assembly what it | ||||||
| 25 | deems to be the most appropriate and
comprehensive cost | ||||||
| |||||||
| |||||||
| 1 | containment system for the State;
| ||||||
| 2 | (c) respond to the requests by agencies of government | ||||||
| 3 | and the General
Assembly for special studies and analysis | ||||||
| 4 | of data collected pursuant to
this Article. Such reports | ||||||
| 5 | shall be made available in a form prescribed by
the | ||||||
| 6 | Director. The Director may also determine a fee to be | ||||||
| 7 | charged to the
requesting agency to cover the direct and | ||||||
| 8 | indirect costs for producing such
a report, and shall | ||||||
| 9 | permit affected insurers the right to review the
accuracy | ||||||
| 10 | of the report before it is released. The fees shall
be | ||||||
| 11 | deposited
into the Technology Management Statistical | ||||||
| 12 | Services Revolving Fund and credited to the account
of the | ||||||
| 13 | Department of Insurance;
| ||||||
| 14 | (d) make an interim report to the General Assembly no | ||||||
| 15 | later than August
15, 1987, and an annual report to the | ||||||
| 16 | General Assembly no later than July 1
every year thereafter | ||||||
| 17 | which shall include the Director's findings and
| ||||||
| 18 | recommendations regarding its duties as provided under | ||||||
| 19 | subsections (a),
(b), and (c) of this Section.
| ||||||
| 20 | (Source: P.A. 98-226, eff. 1-1-14; 99-642, eff. 7-28-16.)
| ||||||
| 21 | (215 ILCS 5/1206) (from Ch. 73, par. 1065.906)
| ||||||
| 22 | Sec. 1206. Expenses. The companies required to file reports | ||||||
| 23 | under this
Article shall pay a reasonable fee established by | ||||||
| 24 | the Director sufficient
to cover the total cost of the | ||||||
| 25 | Department incident to or associated
with the administration | ||||||
| |||||||
| |||||||
| 1 | and enforcement of this Article, including the
collection, | ||||||
| 2 | analysis and distribution of the insurance cost data, the
| ||||||
| 3 | conversion of hard copy reports to tape, and the compilation | ||||||
| 4 | and
analysis of basic reports.
The Director may establish a | ||||||
| 5 | schedule of fees for this purpose.
Expenses for additional | ||||||
| 6 | reports shall be billed
to those requesting the reports. Any | ||||||
| 7 | such fees collected under this Section
shall be paid to the | ||||||
| 8 | Director of Insurance and deposited into the Technology | ||||||
| 9 | Management
Statistical Services Revolving Fund and credited to | ||||||
| 10 | the account of the
Department of Insurance.
| ||||||
| 11 | (Source: P.A. 84-1431.)
| ||||||
| 12 | Section 20-25. The Workers' Compensation Act is amended by | ||||||
| 13 | changing Section 17 as follows:
| ||||||
| 14 | (820 ILCS 305/17) (from Ch. 48, par. 138.17)
| ||||||
| 15 | Sec. 17. The Commission shall cause to be printed and | ||||||
| 16 | furnish free of
charge upon request by any employer or employee | ||||||
| 17 | such blank forms as may
facilitate or promote efficient | ||||||
| 18 | administration and the performance of
the duties of the | ||||||
| 19 | Commission. It shall provide a proper record in which
shall be | ||||||
| 20 | entered and indexed the name of any employer who shall file a
| ||||||
| 21 | notice of declination or withdrawal under this Act, and the | ||||||
| 22 | date of the
filing thereof; and a proper record in which shall | ||||||
| 23 | be entered and
indexed the name of any employee who shall file | ||||||
| 24 | such notice of
declination or withdrawal, and the date of the | ||||||
| |||||||
| |||||||
| 1 | filing thereof; and such
other notices as may be required by | ||||||
| 2 | this Act; and records in which shall
be recorded all | ||||||
| 3 | proceedings, orders and awards had or made by the
Commission or | ||||||
| 4 | by the arbitration committees, and such other books or
records | ||||||
| 5 | as it shall deem
necessary, all such records to be kept in the
| ||||||
| 6 | office of the Commission.
| ||||||
| 7 | The Commission may destroy all papers and documents which | ||||||
| 8 | have been
on file for more than 5 years where there is no claim | ||||||
| 9 | for compensation
pending or where more than 2 years have | ||||||
| 10 | elapsed since the termination of
the compensation period.
| ||||||
| 11 | The Commission shall compile and distribute to interested | ||||||
| 12 | persons aggregate
statistics, taken from any records and | ||||||
| 13 | reports in the possession of the
Commission. The aggregate | ||||||
| 14 | statistics shall not give the names or otherwise
identify | ||||||
| 15 | persons sustaining injuries or disabilities or the employer of
| ||||||
| 16 | any injured person or person with a disability.
| ||||||
| 17 | The Commission is authorized to establish reasonable fees | ||||||
| 18 | and methods
of payment limited to covering only the costs to | ||||||
| 19 | the Commission for processing,
maintaining and generating | ||||||
| 20 | records or data necessary for the computerized
production of | ||||||
| 21 | documents, records and other materials except to the extent
of | ||||||
| 22 | any salaries or compensation of Commission officers or | ||||||
| 23 | employees.
| ||||||
| 24 | All fees collected by the Commission under this Section | ||||||
| 25 | shall be deposited
in the Technology Management Statistical | ||||||
| 26 | Services Revolving Fund and credited to the account of
the | ||||||
| |||||||
| |||||||
| 1 | Illinois Workers' Compensation Commission.
| ||||||
| 2 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
| 3 | Section 20-30. The Workers' Occupational Diseases Act is | ||||||
| 4 | amended by changing Section 17 as follows:
| ||||||
| 5 | (820 ILCS 310/17) (from Ch. 48, par. 172.52)
| ||||||
| 6 | Sec. 17. The Commission shall cause to be printed and shall | ||||||
| 7 | furnish
free of charge upon request by any employer or employee | ||||||
| 8 | such blank forms
as it shall deem requisite to facilitate or | ||||||
| 9 | promote the efficient
administration of this Act, and the | ||||||
| 10 | performance of the duties of the
Commission. It shall provide a | ||||||
| 11 | proper record in which shall be entered
and indexed the name of | ||||||
| 12 | any employer who shall file a notice of election
under this | ||||||
| 13 | Act, and the date of the filing thereof; and a proper record
in | ||||||
| 14 | which shall be entered and indexed the name of any employee who | ||||||
| 15 | shall
file a notice of election, and the date of the filing | ||||||
| 16 | thereof; and such
other notices as may be required by this Act; | ||||||
| 17 | and records in which shall
be recorded all proceedings, orders | ||||||
| 18 | and awards had or made by the
Commission, or by the arbitration | ||||||
| 19 | committees, and such other books or
records as it shall deem | ||||||
| 20 | necessary, all such records to be kept in the
office of the | ||||||
| 21 | Commission. The Commission, in its discretion, may destroy
all | ||||||
| 22 | papers and documents except notices of election and waivers | ||||||
| 23 | which
have been on file for more than five years where there is | ||||||
| 24 | no claim for
compensation pending, or where more than two years | ||||||
| |||||||
| |||||||
| 1 | have elapsed since
the termination of the compensation period.
| ||||||
| 2 | The Commission shall compile and distribute to interested | ||||||
| 3 | persons aggregate
statistics, taken from any records and | ||||||
| 4 | reports in the possession of the
Commission. The aggregate | ||||||
| 5 | statistics shall not give the names or otherwise
identify | ||||||
| 6 | persons sustaining injuries or disabilities or the employer of
| ||||||
| 7 | any injured person or person with a disability.
| ||||||
| 8 | The Commission is authorized to establish reasonable fees | ||||||
| 9 | and methods
of payment limited to covering only the costs to | ||||||
| 10 | the Commission for processing,
maintaining and generating | ||||||
| 11 | records or data necessary for the computerized
production of | ||||||
| 12 | documents, records and other materials except to the extent
of | ||||||
| 13 | any salaries or compensation of Commission officers or | ||||||
| 14 | employees.
| ||||||
| 15 | All fees collected by the Commission under this Section | ||||||
| 16 | shall be deposited
in the Technology Management Statistical | ||||||
| 17 | Services Revolving Fund and credited to the account of
the | ||||||
| 18 | Illinois Workers' Compensation Commission.
| ||||||
| 19 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
| 20 | ARTICLE 25. REFUNDING BONDS | ||||||
| 21 | Section 25-5. The General Obligation Bond Act is amended by | ||||||
| 22 | changing Sections 2.5, 9, 11, and 16 as follows:
| ||||||
| 23 | (30 ILCS 330/2.5) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2.5. Limitation on issuance of Bonds. | ||||||
| 2 | (a) Except as provided in subsection (b), no Bonds may be | ||||||
| 3 | issued if, after the issuance, in the next State fiscal year | ||||||
| 4 | after the issuance of the Bonds, the amount of debt service | ||||||
| 5 | (including principal, whether payable at maturity or pursuant | ||||||
| 6 | to mandatory sinking fund installments, and interest) on all | ||||||
| 7 | then-outstanding Bonds, other than Bonds authorized by Public | ||||||
| 8 | Act 96-43 and other than Bonds authorized by Public Act | ||||||
| 9 | 96-1497, would exceed 7% of the aggregate appropriations from | ||||||
| 10 | the general funds (which consist of the General Revenue Fund, | ||||||
| 11 | the Common School Fund, the General Revenue Common School | ||||||
| 12 | Special Account Fund, and the Education Assistance Fund) and | ||||||
| 13 | the Road Fund for the fiscal year immediately prior to the | ||||||
| 14 | fiscal year of the issuance. | ||||||
| 15 | (b) If the Comptroller and Treasurer each consent in | ||||||
| 16 | writing, Bonds may be issued even if the issuance does not | ||||||
| 17 | comply with subsection (a). In addition, $2,000,000,000 in | ||||||
| 18 | Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7, | ||||||
| 19 | and $2,000,000,000 in Refunding Bonds under Section 16, may be | ||||||
| 20 | issued during State fiscal year 2017 without complying with | ||||||
| 21 | subsection (a). In addition, $2,000,000,000 in Bonds for the | ||||||
| 22 | purposes set forth in Sections 3, 4, 5, 6, and 7, and | ||||||
| 23 | $2,000,000,000 in Refunding Bonds under Section 16, may be | ||||||
| 24 | issued during State fiscal year 2018 without complying with | ||||||
| 25 | subsection (a).
| ||||||
| 26 | (Source: P.A. 99-523, eff. 6-30-16.)
| ||||||
| |||||||
| |||||||
| 1 | (30 ILCS 330/9) (from Ch. 127, par. 659)
| ||||||
| 2 | Sec. 9. Conditions for Issuance and Sale of Bonds - | ||||||
| 3 | Requirements for
Bonds. | ||||||
| 4 | (a) Except as otherwise provided in this subsection, Bonds | ||||||
| 5 | shall be issued and sold from time to time, in one or
more | ||||||
| 6 | series, in such amounts and at such prices as may be directed | ||||||
| 7 | by the
Governor, upon recommendation by the Director of the
| ||||||
| 8 | Governor's Office of Management and Budget.
Bonds shall be in | ||||||
| 9 | such form (either coupon, registered or book entry), in
such | ||||||
| 10 | denominations, payable within 25 years from their date, subject | ||||||
| 11 | to such
terms of redemption with or without premium, bear | ||||||
| 12 | interest payable at
such times and at such fixed or variable | ||||||
| 13 | rate or rates, and be dated
as shall be fixed and determined by | ||||||
| 14 | the Director of
the
Governor's Office of Management and Budget
| ||||||
| 15 | in the order authorizing the issuance and sale
of any series of | ||||||
| 16 | Bonds, which order shall be approved by the Governor
and is | ||||||
| 17 | herein called a "Bond Sale Order"; provided however, that | ||||||
| 18 | interest
payable at fixed or variable rates shall not exceed | ||||||
| 19 | that permitted in the
Bond Authorization Act, as now or | ||||||
| 20 | hereafter amended. Bonds shall be
payable at such place or | ||||||
| 21 | places, within or without the State of Illinois, and
may be | ||||||
| 22 | made registrable as to either principal or as to both principal | ||||||
| 23 | and
interest, as shall be specified in the Bond Sale Order. | ||||||
| 24 | Bonds may be callable
or subject to purchase and retirement or | ||||||
| 25 | tender and remarketing as fixed
and determined in the Bond Sale | ||||||
| |||||||
| |||||||
| 1 | Order. Bonds, other than Bonds issued under Section 3 of this | ||||||
| 2 | Act for the costs associated with the purchase and | ||||||
| 3 | implementation of information technology, (i) except for | ||||||
| 4 | refunding Bonds satisfying the requirements of Section 16 of | ||||||
| 5 | this Act and sold during fiscal year 2009, 2010, 2011, or 2017, | ||||||
| 6 | or 2018 must be issued with principal or mandatory redemption | ||||||
| 7 | amounts in equal amounts, with the first maturity issued | ||||||
| 8 | occurring within the fiscal year in which the Bonds are issued | ||||||
| 9 | or within the next succeeding fiscal year and (ii) must mature | ||||||
| 10 | or be subject to mandatory redemption each fiscal year | ||||||
| 11 | thereafter up to 25 years, except for refunding Bonds | ||||||
| 12 | satisfying the requirements of Section 16 of this Act and sold | ||||||
| 13 | during fiscal year 2009, 2010, or 2011 which must mature or be | ||||||
| 14 | subject to mandatory redemption each fiscal year thereafter up | ||||||
| 15 | to 16 years. Bonds issued under Section 3 of this Act for the | ||||||
| 16 | costs associated with the purchase and implementation of | ||||||
| 17 | information technology must be issued with principal or | ||||||
| 18 | mandatory redemption amounts in equal amounts, with the first | ||||||
| 19 | maturity issued occurring with the fiscal year in which the | ||||||
| 20 | respective bonds are issued or with the next succeeding fiscal | ||||||
| 21 | year, with the respective bonds issued maturing or subject to | ||||||
| 22 | mandatory redemption each fiscal year thereafter up to 10 | ||||||
| 23 | years. Notwithstanding any provision of this Act to the | ||||||
| 24 | contrary, the Bonds authorized by Public Act 96-43 shall be | ||||||
| 25 | payable within 5 years from their date and must be issued with | ||||||
| 26 | principal or mandatory redemption amounts in equal amounts, | ||||||
| |||||||
| |||||||
| 1 | with payment of principal or mandatory redemption beginning in | ||||||
| 2 | the first fiscal year following the fiscal year in which the | ||||||
| 3 | Bonds are issued.
| ||||||
| 4 | Notwithstanding any provision of this Act to the contrary, | ||||||
| 5 | the Bonds authorized by Public Act 96-1497 shall be payable | ||||||
| 6 | within 8 years from their date and shall be issued with payment | ||||||
| 7 | of maturing principal or scheduled mandatory redemptions in | ||||||
| 8 | accordance with the following schedule, except the following | ||||||
| 9 | amounts shall be prorated if less than the total additional | ||||||
| 10 | amount of Bonds authorized by Public Act 96-1497 are issued: | ||||||
| 11 | Fiscal Year After Issuance Amount | ||||||
| 12 | 1-2 $0 | ||||||
| 13 | 3 $110,712,120 | ||||||
| 14 | 4 $332,136,360 | ||||||
| 15 | 5 $664,272,720 | ||||||
| 16 | 6-8 $996,409,080 | ||||||
| 17 | In the case of any series of Bonds bearing interest at a | ||||||
| 18 | variable interest
rate ("Variable Rate Bonds"), in lieu of | ||||||
| 19 | determining the rate or rates at which
such series of Variable | ||||||
| 20 | Rate Bonds shall bear interest and the price or prices
at which | ||||||
| 21 | such Variable Rate Bonds shall be initially sold or remarketed | ||||||
| 22 | (in the
event of purchase and subsequent resale), the Bond Sale | ||||||
| 23 | Order may provide that
such interest rates and prices may vary | ||||||
| 24 | from time to time depending on criteria
established in such | ||||||
| 25 | Bond Sale Order, which criteria may include, without
| ||||||
| 26 | limitation, references to indices or variations in interest | ||||||
| |||||||
| |||||||
| 1 | rates as may, in
the judgment of a remarketing agent, be | ||||||
| 2 | necessary to cause Variable Rate Bonds
of such series to be | ||||||
| 3 | remarketable from time to time at a price equal to their
| ||||||
| 4 | principal amount, and may provide for appointment of a bank, | ||||||
| 5 | trust company,
investment bank, or other financial institution | ||||||
| 6 | to serve as remarketing agent
in that connection.
The Bond Sale | ||||||
| 7 | Order may provide that alternative interest rates or provisions
| ||||||
| 8 | for establishing alternative interest rates, different | ||||||
| 9 | security or claim
priorities, or different call or amortization | ||||||
| 10 | provisions will apply during
such times as Variable Rate Bonds | ||||||
| 11 | of any series are held by a person providing
credit or | ||||||
| 12 | liquidity enhancement arrangements for such Bonds as | ||||||
| 13 | authorized in
subsection (b) of this Section.
The Bond Sale | ||||||
| 14 | Order may also provide for such variable interest rates to be
| ||||||
| 15 | established pursuant to a process generally known as an auction | ||||||
| 16 | rate process
and may provide for appointment of one or more | ||||||
| 17 | financial institutions to serve
as auction agents and | ||||||
| 18 | broker-dealers in connection with the establishment of
such | ||||||
| 19 | interest rates and the sale and remarketing of such Bonds.
| ||||||
| 20 | (b) In connection with the issuance of any series of Bonds, | ||||||
| 21 | the State may
enter into arrangements to provide additional | ||||||
| 22 | security and liquidity for such
Bonds, including, without | ||||||
| 23 | limitation, bond or interest rate insurance or
letters of | ||||||
| 24 | credit, lines of credit, bond purchase contracts, or other
| ||||||
| 25 | arrangements whereby funds are made available to retire or | ||||||
| 26 | purchase Bonds,
thereby assuring the ability of owners of the | ||||||
| |||||||
| |||||||
| 1 | Bonds to sell or redeem their
Bonds. The State may enter into | ||||||
| 2 | contracts and may agree to pay fees to persons
providing such | ||||||
| 3 | arrangements, but only under circumstances where the Director | ||||||
| 4 | of
the
Governor's Office of Management and Budget certifies | ||||||
| 5 | that he or she reasonably expects the total
interest paid or to | ||||||
| 6 | be paid on the Bonds, together with the fees for the
| ||||||
| 7 | arrangements (being treated as if interest), would not, taken | ||||||
| 8 | together, cause
the Bonds to bear interest, calculated to their | ||||||
| 9 | stated maturity, at a rate in
excess of the rate that the Bonds | ||||||
| 10 | would bear in the absence of such
arrangements.
| ||||||
| 11 | The State may, with respect to Bonds issued or anticipated | ||||||
| 12 | to be issued,
participate in and enter into arrangements with | ||||||
| 13 | respect to interest rate
protection or exchange agreements, | ||||||
| 14 | guarantees, or financial futures contracts
for the purpose of | ||||||
| 15 | limiting, reducing, or managing interest rate exposure.
The | ||||||
| 16 | authority granted under this paragraph, however, shall not | ||||||
| 17 | increase the principal amount of Bonds authorized to be issued | ||||||
| 18 | by law. The arrangements may be executed and delivered by the | ||||||
| 19 | Director
of the
Governor's Office of Management and Budget on | ||||||
| 20 | behalf of the State. Net payments for such
arrangements shall | ||||||
| 21 | constitute interest on the Bonds and shall be paid from the
| ||||||
| 22 | General Obligation Bond Retirement and Interest Fund. The | ||||||
| 23 | Director of the
Governor's Office of Management and Budget | ||||||
| 24 | shall at least annually certify to the Governor and
the
State | ||||||
| 25 | Comptroller his or her estimate of the amounts of such net | ||||||
| 26 | payments to
be included in the calculation of interest required | ||||||
| |||||||
| |||||||
| 1 | to be paid by the State.
| ||||||
| 2 | (c) Prior to the issuance of any Variable Rate Bonds | ||||||
| 3 | pursuant to
subsection (a), the Director of the
Governor's | ||||||
| 4 | Office of Management and Budget shall adopt an
interest rate | ||||||
| 5 | risk management policy providing that the amount of the State's
| ||||||
| 6 | variable rate exposure with respect to Bonds shall not exceed | ||||||
| 7 | 20%. This policy
shall remain in effect while any Bonds are | ||||||
| 8 | outstanding and the issuance of
Bonds
shall be subject to the | ||||||
| 9 | terms of such policy. The terms of this policy may be
amended | ||||||
| 10 | from time to time by the Director of the
Governor's Office of | ||||||
| 11 | Management and Budget but in no
event shall any amendment cause | ||||||
| 12 | the permitted level of the State's variable
rate exposure with | ||||||
| 13 | respect to Bonds to exceed 20%.
| ||||||
| 14 | (d) "Build America Bonds" in this Section means Bonds | ||||||
| 15 | authorized by Section 54AA of the Internal Revenue Code of | ||||||
| 16 | 1986, as amended ("Internal Revenue Code"), and bonds issued | ||||||
| 17 | from time to time to refund or continue to refund "Build | ||||||
| 18 | America Bonds". | ||||||
| 19 | (e) Notwithstanding any other provision of this Section, | ||||||
| 20 | Qualified School Construction Bonds shall be issued and sold | ||||||
| 21 | from time to time, in one or more series, in such amounts and | ||||||
| 22 | at such prices as may be directed by the Governor, upon | ||||||
| 23 | recommendation by the Director of the Governor's Office of | ||||||
| 24 | Management and Budget. Qualified School Construction Bonds | ||||||
| 25 | shall be in such form (either coupon, registered or book | ||||||
| 26 | entry), in such denominations, payable within 25 years from | ||||||
| |||||||
| |||||||
| 1 | their date, subject to such terms of redemption with or without | ||||||
| 2 | premium, and if the Qualified School Construction Bonds are | ||||||
| 3 | issued with a supplemental coupon, bear interest payable at | ||||||
| 4 | such times and at such fixed or variable rate or rates, and be | ||||||
| 5 | dated as shall be fixed and determined by the Director of the | ||||||
| 6 | Governor's Office of Management and Budget in the order | ||||||
| 7 | authorizing the issuance and sale of any series of Qualified | ||||||
| 8 | School Construction Bonds, which order shall be approved by the | ||||||
| 9 | Governor and is herein called a "Bond Sale Order"; except that | ||||||
| 10 | interest payable at fixed or variable rates, if any, shall not | ||||||
| 11 | exceed that permitted in the Bond Authorization Act, as now or | ||||||
| 12 | hereafter amended. Qualified School Construction Bonds shall | ||||||
| 13 | be payable at such place or places, within or without the State | ||||||
| 14 | of Illinois, and may be made registrable as to either principal | ||||||
| 15 | or as to both principal and interest, as shall be specified in | ||||||
| 16 | the Bond Sale Order. Qualified School Construction Bonds may be | ||||||
| 17 | callable or subject to purchase and retirement or tender and | ||||||
| 18 | remarketing as fixed and determined in the Bond Sale Order. | ||||||
| 19 | Qualified School Construction Bonds must be issued with | ||||||
| 20 | principal or mandatory redemption amounts or sinking fund | ||||||
| 21 | payments into the General Obligation Bond Retirement and | ||||||
| 22 | Interest Fund (or subaccount therefor) in equal amounts, with | ||||||
| 23 | the first maturity issued, mandatory redemption payment or | ||||||
| 24 | sinking fund payment occurring within the fiscal year in which | ||||||
| 25 | the Qualified School Construction Bonds are issued or within | ||||||
| 26 | the next succeeding fiscal year, with Qualified School | ||||||
| |||||||
| |||||||
| 1 | Construction Bonds issued maturing or subject to mandatory | ||||||
| 2 | redemption or with sinking fund payments thereof deposited each | ||||||
| 3 | fiscal year thereafter up to 25 years. Sinking fund payments | ||||||
| 4 | set forth in this subsection shall be permitted only to the | ||||||
| 5 | extent authorized in Section 54F of the Internal Revenue Code | ||||||
| 6 | or as otherwise determined by the Director of the Governor's | ||||||
| 7 | Office of Management and Budget. "Qualified School | ||||||
| 8 | Construction Bonds" in this subsection means Bonds authorized | ||||||
| 9 | by Section 54F of the Internal Revenue Code and for bonds | ||||||
| 10 | issued from time to time to refund or continue to refund such | ||||||
| 11 | "Qualified School Construction Bonds". | ||||||
| 12 | (f) Beginning with the next issuance by the Governor's | ||||||
| 13 | Office of Management and Budget to the Procurement Policy Board | ||||||
| 14 | of a request for quotation for the purpose of formulating a new | ||||||
| 15 | pool of qualified underwriting banks list, all entities | ||||||
| 16 | responding to such a request for quotation for inclusion on | ||||||
| 17 | that list shall provide a written report to the Governor's | ||||||
| 18 | Office of Management and Budget and the Illinois Comptroller. | ||||||
| 19 | The written report submitted to the Comptroller shall (i) be | ||||||
| 20 | published on the Comptroller's Internet website and (ii) be | ||||||
| 21 | used by the Governor's Office of Management and Budget for the | ||||||
| 22 | purposes of scoring such a request for quotation. The written | ||||||
| 23 | report, at a minimum, shall: | ||||||
| 24 | (1) disclose whether, within the past 3 months, | ||||||
| 25 | pursuant to its credit default swap market-making | ||||||
| 26 | activities, the firm has entered into any State of Illinois | ||||||
| |||||||
| |||||||
| 1 | credit default swaps ("CDS"); | ||||||
| 2 | (2) include, in the event of State of Illinois CDS | ||||||
| 3 | activity, disclosure of the firm's cumulative notional | ||||||
| 4 | volume of State of Illinois CDS trades and the firm's | ||||||
| 5 | outstanding gross and net notional amount of State of | ||||||
| 6 | Illinois CDS, as of the end of the current 3-month period; | ||||||
| 7 | (3) indicate, pursuant to the firm's proprietary | ||||||
| 8 | trading activities, disclosure of whether the firm, within | ||||||
| 9 | the past 3 months, has entered into any proprietary trades | ||||||
| 10 | for its own account in State of Illinois CDS; | ||||||
| 11 | (4) include, in the event of State of Illinois | ||||||
| 12 | proprietary trades, disclosure of the firm's outstanding | ||||||
| 13 | gross and net notional amount of proprietary State of | ||||||
| 14 | Illinois CDS and whether the net position is short or long | ||||||
| 15 | credit protection, as of the end of the current 3-month | ||||||
| 16 | period; | ||||||
| 17 | (5) list all time periods during the past 3 months | ||||||
| 18 | during which the firm held net long or net short State of | ||||||
| 19 | Illinois CDS proprietary credit protection positions, the | ||||||
| 20 | amount of such positions, and whether those positions were | ||||||
| 21 | net long or net short credit protection positions; and | ||||||
| 22 | (6) indicate whether, within the previous 3 months, the | ||||||
| 23 | firm released any publicly available research or marketing | ||||||
| 24 | reports that reference State of Illinois CDS and include | ||||||
| 25 | those research or marketing reports as attachments. | ||||||
| 26 | (g) All entities included on a Governor's Office of | ||||||
| |||||||
| |||||||
| 1 | Management and Budget's pool of qualified underwriting banks | ||||||
| 2 | list shall, as soon as possible after March 18, 2011 (the | ||||||
| 3 | effective date of Public Act 96-1554), but not later than | ||||||
| 4 | January 21, 2011, and on a quarterly fiscal basis thereafter, | ||||||
| 5 | provide a written report to the Governor's Office of Management | ||||||
| 6 | and Budget and the Illinois Comptroller. The written reports | ||||||
| 7 | submitted to the Comptroller shall be published on the | ||||||
| 8 | Comptroller's Internet website. The written reports, at a | ||||||
| 9 | minimum, shall: | ||||||
| 10 | (1) disclose whether, within the past 3 months, | ||||||
| 11 | pursuant to its credit default swap market-making | ||||||
| 12 | activities, the firm has entered into any State of Illinois | ||||||
| 13 | credit default swaps ("CDS"); | ||||||
| 14 | (2) include, in the event of State of Illinois CDS | ||||||
| 15 | activity, disclosure of the firm's cumulative notional | ||||||
| 16 | volume of State of Illinois CDS trades and the firm's | ||||||
| 17 | outstanding gross and net notional amount of State of | ||||||
| 18 | Illinois CDS, as of the end of the current 3-month period; | ||||||
| 19 | (3) indicate, pursuant to the firm's proprietary | ||||||
| 20 | trading activities, disclosure of whether the firm, within | ||||||
| 21 | the past 3 months, has entered into any proprietary trades | ||||||
| 22 | for its own account in State of Illinois CDS; | ||||||
| 23 | (4) include, in the event of State of Illinois | ||||||
| 24 | proprietary trades, disclosure of the firm's outstanding | ||||||
| 25 | gross and net notional amount of proprietary State of | ||||||
| 26 | Illinois CDS and whether the net position is short or long | ||||||
| |||||||
| |||||||
| 1 | credit protection, as of the end of the current 3-month | ||||||
| 2 | period; | ||||||
| 3 | (5) list all time periods during the past 3 months | ||||||
| 4 | during which the firm held net long or net short State of | ||||||
| 5 | Illinois CDS proprietary credit protection positions, the | ||||||
| 6 | amount of such positions, and whether those positions were | ||||||
| 7 | net long or net short credit protection positions; and | ||||||
| 8 | (6) indicate whether, within the previous 3 months, the | ||||||
| 9 | firm released any publicly available research or marketing | ||||||
| 10 | reports that reference State of Illinois CDS and include | ||||||
| 11 | those research or marketing reports as attachments. | ||||||
| 12 | (Source: P.A. 99-523, eff. 6-30-16.)
| ||||||
| 13 | (30 ILCS 330/11) (from Ch. 127, par. 661)
| ||||||
| 14 | Sec. 11. Sale of Bonds. Except as otherwise provided in | ||||||
| 15 | this Section,
Bonds shall be sold from time to time pursuant to
| ||||||
| 16 | notice of sale and public bid or by negotiated sale
in such | ||||||
| 17 | amounts and at such
times as is directed by the Governor, upon | ||||||
| 18 | recommendation by the Director of
the
Governor's Office of | ||||||
| 19 | Management and Budget. At least 25%, based on total principal | ||||||
| 20 | amount, of all Bonds issued each fiscal year shall be sold | ||||||
| 21 | pursuant to notice of sale and public bid. At all times during | ||||||
| 22 | each fiscal year, no more than 75%, based on total principal | ||||||
| 23 | amount, of the Bonds issued each fiscal year, shall have been | ||||||
| 24 | sold by negotiated sale. Failure to satisfy the requirements in | ||||||
| 25 | the preceding 2 sentences shall not affect the validity of any | ||||||
| |||||||
| |||||||
| 1 | previously issued Bonds; provided that all Bonds authorized by | ||||||
| 2 | Public Act 96-43 and Public Act 96-1497 shall not be included | ||||||
| 3 | in determining compliance for any fiscal year with the | ||||||
| 4 | requirements of the preceding 2 sentences; and further provided | ||||||
| 5 | that refunding Bonds satisfying the requirements of Section 16 | ||||||
| 6 | of this Act and sold during fiscal year 2009, 2010, 2011, or | ||||||
| 7 | 2017, or 2018 shall not be subject to the requirements in the | ||||||
| 8 | preceding 2 sentences.
| ||||||
| 9 | If
any Bonds, including refunding Bonds, are to be sold by | ||||||
| 10 | negotiated
sale, the
Director of the
Governor's Office of | ||||||
| 11 | Management and Budget
shall comply with the
competitive request | ||||||
| 12 | for proposal process set forth in the Illinois
Procurement Code | ||||||
| 13 | and all other applicable requirements of that Code.
| ||||||
| 14 | If Bonds are to be sold pursuant to notice of sale and | ||||||
| 15 | public bid, the
Director of the
Governor's Office of Management | ||||||
| 16 | and Budget may, from time to time, as Bonds are to be sold, | ||||||
| 17 | advertise
the sale of the Bonds in at least 2 daily newspapers, | ||||||
| 18 | one of which is
published in the City of Springfield and one in | ||||||
| 19 | the City of Chicago. The sale
of the Bonds shall also be
| ||||||
| 20 | advertised in the volume of the Illinois Procurement Bulletin | ||||||
| 21 | that is
published by the Department of Central Management | ||||||
| 22 | Services, and shall be published once at least
10 days prior to | ||||||
| 23 | the date fixed
for the opening of the bids. The Director of the
| ||||||
| 24 | Governor's Office of Management and Budget may
reschedule the | ||||||
| 25 | date of sale upon the giving of such additional notice as the
| ||||||
| 26 | Director deems adequate to inform prospective bidders of
such | ||||||
| |||||||
| |||||||
| 1 | change; provided, however, that all other conditions of the | ||||||
| 2 | sale shall
continue as originally advertised.
| ||||||
| 3 | Executed Bonds shall, upon payment therefor, be delivered | ||||||
| 4 | to the purchaser,
and the proceeds of Bonds shall be paid into | ||||||
| 5 | the State Treasury as directed by
Section 12 of this Act.
| ||||||
| 6 | (Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)
| ||||||
| 7 | (30 ILCS 330/16) (from Ch. 127, par. 666)
| ||||||
| 8 | Sec. 16. Refunding Bonds. The State of Illinois is | ||||||
| 9 | authorized to issue,
sell, and provide for the retirement of | ||||||
| 10 | General Obligation Bonds of the State
of Illinois in the amount | ||||||
| 11 | of $4,839,025,000, at any time and
from time to time | ||||||
| 12 | outstanding, for the purpose of refunding
any State of Illinois | ||||||
| 13 | general obligation Bonds then outstanding, including
the | ||||||
| 14 | payment of any redemption premium thereon, any reasonable | ||||||
| 15 | expenses of
such refunding, any interest accrued or to accrue | ||||||
| 16 | to the earliest
or any subsequent date of redemption or | ||||||
| 17 | maturity of such outstanding
Bonds and any interest to accrue | ||||||
| 18 | to the first interest payment on the
refunding Bonds; provided | ||||||
| 19 | that all non-refunding Bonds in an issue that includes
| ||||||
| 20 | refunding Bonds shall mature no later
than the final maturity | ||||||
| 21 | date of Bonds being refunded; provided that no refunding Bonds | ||||||
| 22 | shall be offered for sale unless the net present value of debt | ||||||
| 23 | service savings to be achieved by the issuance of the refunding | ||||||
| 24 | Bonds is 3% or more of the principal amount of the refunding | ||||||
| 25 | Bonds to be issued; and further provided that, except for | ||||||
| |||||||
| |||||||
| 1 | refunding Bonds sold in fiscal year 2009, 2010, 2011, or 2017, | ||||||
| 2 | or 2018, the maturities of the refunding Bonds shall not extend | ||||||
| 3 | beyond the maturities of the Bonds they refund, so that for | ||||||
| 4 | each fiscal year in the maturity schedule of a particular issue | ||||||
| 5 | of refunding Bonds, the total amount of refunding principal | ||||||
| 6 | maturing and redemption amounts due in that fiscal year and all | ||||||
| 7 | prior fiscal years in that schedule shall be greater than or | ||||||
| 8 | equal to the total amount of refunded principal and redemption | ||||||
| 9 | amounts that had been due over that year and all prior fiscal | ||||||
| 10 | years prior to the refunding.
| ||||||
| 11 | The Governor shall notify the State Treasurer and
| ||||||
| 12 | Comptroller of such refunding. The proceeds received from the | ||||||
| 13 | sale
of refunding Bonds shall be used for the retirement at | ||||||
| 14 | maturity or
redemption of such outstanding Bonds on any | ||||||
| 15 | maturity or redemption date
and, pending such use, shall be | ||||||
| 16 | placed in escrow, subject to such terms and
conditions as shall | ||||||
| 17 | be provided for in the Bond Sale Order relating to the
| ||||||
| 18 | Refunding Bonds. Proceeds not needed for deposit in an escrow | ||||||
| 19 | account shall
be deposited in the General Obligation Bond | ||||||
| 20 | Retirement and Interest Fund.
This Act shall constitute an | ||||||
| 21 | irrevocable and continuing appropriation of all
amounts | ||||||
| 22 | necessary to establish an escrow account for the purpose of | ||||||
| 23 | refunding
outstanding general obligation Bonds and to pay the | ||||||
| 24 | reasonable expenses of such
refunding and of the issuance and | ||||||
| 25 | sale of the refunding Bonds. Any such
escrowed proceeds may be | ||||||
| 26 | invested and reinvested
in direct obligations of the United | ||||||
| |||||||
| |||||||
| 1 | States of America, maturing at such
time or times as shall be | ||||||
| 2 | appropriate to assure the
prompt payment, when due, of the | ||||||
| 3 | principal of and interest and redemption
premium, if any,
on | ||||||
| 4 | the refunded Bonds. After the terms of the escrow have been | ||||||
| 5 | fully
satisfied, any remaining balance of such proceeds and | ||||||
| 6 | interest, income and
profits earned or realized on the | ||||||
| 7 | investments thereof shall be paid into
the General Revenue | ||||||
| 8 | Fund. The liability of the State upon the Bonds shall
continue, | ||||||
| 9 | provided that the holders thereof shall thereafter be entitled | ||||||
| 10 | to
payment only out of the moneys deposited in the escrow | ||||||
| 11 | account.
| ||||||
| 12 | Except as otherwise herein provided in this Section, such | ||||||
| 13 | refunding Bonds
shall in all other respects be subject to the | ||||||
| 14 | terms and conditions of this Act.
| ||||||
| 15 | (Source: P.A. 99-523, eff. 6-30-16.)
| ||||||
| 16 | Section 25-10. The Build Illinois Bond Act is amended by | ||||||
| 17 | changing Sections 6, 8, and 15 as follows:
| ||||||
| 18 | (30 ILCS 425/6) (from Ch. 127, par. 2806)
| ||||||
| 19 | Sec. 6. Conditions for Issuance and Sale of Bonds - | ||||||
| 20 | Requirements for
Bonds - Master and Supplemental Indentures - | ||||||
| 21 | Credit and Liquidity
Enhancement. | ||||||
| 22 | (a) Bonds shall be issued and sold from time to time, in | ||||||
| 23 | one
or more series, in such amounts and at such prices as | ||||||
| 24 | directed by the
Governor, upon recommendation by the Director | ||||||
| |||||||
| |||||||
| 1 | of the
Governor's Office of Management and Budget.
Bonds shall | ||||||
| 2 | be payable only from the specific sources and secured in the
| ||||||
| 3 | manner provided in this Act. Bonds shall be in such form, in | ||||||
| 4 | such
denominations, mature on such dates within 25 years from | ||||||
| 5 | their date of
issuance, be subject to optional or mandatory | ||||||
| 6 | redemption, bear interest
payable at such times and at such | ||||||
| 7 | rate or rates, fixed or variable, and be
dated as shall be | ||||||
| 8 | fixed and determined by the Director of the
Governor's Office | ||||||
| 9 | of Management and Budget
in an order authorizing the
issuance | ||||||
| 10 | and sale of any series of
Bonds, which order shall be approved | ||||||
| 11 | by the Governor and is herein called a
"Bond Sale Order"; | ||||||
| 12 | provided, however, that interest payable at fixed rates
shall | ||||||
| 13 | not exceed that permitted in "An Act to authorize public | ||||||
| 14 | corporations
to issue bonds, other evidences of indebtedness | ||||||
| 15 | and tax anticipation
warrants subject to interest rate | ||||||
| 16 | limitations set forth therein", approved
May 26, 1970, as now | ||||||
| 17 | or hereafter amended, and interest payable at variable
rates | ||||||
| 18 | shall not exceed the maximum rate permitted in the Bond Sale | ||||||
| 19 | Order.
Said Bonds shall be payable at such place or places, | ||||||
| 20 | within or without the
State of Illinois,
and may be made | ||||||
| 21 | registrable
as to either principal only or as to both principal | ||||||
| 22 | and interest, as shall
be specified in the Bond Sale
Order. | ||||||
| 23 | Bonds may be callable or subject to purchase and retirement or
| ||||||
| 24 | remarketing as fixed and determined in the Bond Sale Order. | ||||||
| 25 | Bonds (i) except for refunding Bonds satisfying the | ||||||
| 26 | requirements of Section 15 of this Act and sold during fiscal | ||||||
| |||||||
| |||||||
| 1 | year 2009, 2010, 2011, or 2017, or 2018, must be issued with | ||||||
| 2 | principal or mandatory redemption amounts in equal amounts, | ||||||
| 3 | with the first maturity issued occurring within the fiscal year | ||||||
| 4 | in which the Bonds are issued or within the next succeeding | ||||||
| 5 | fiscal year and (ii) must mature or be subject to mandatory | ||||||
| 6 | redemption each fiscal year thereafter up to 25 years, except | ||||||
| 7 | for refunding Bonds satisfying the requirements of Section 15 | ||||||
| 8 | of this Act and sold during fiscal year 2009, 2010, or 2011 | ||||||
| 9 | which must mature or be subject to mandatory redemption each | ||||||
| 10 | fiscal year thereafter up to 16 years.
| ||||||
| 11 | All Bonds authorized under this Act shall be issued | ||||||
| 12 | pursuant
to a master trust indenture ("Master Indenture") | ||||||
| 13 | executed and delivered on
behalf of the State by the Director | ||||||
| 14 | of the
Governor's Office of Management and Budget, such
Master | ||||||
| 15 | Indenture to be in substantially the form approved in the Bond | ||||||
| 16 | Sale
Order authorizing the issuance and sale of the initial | ||||||
| 17 | series of Bonds
issued under this Act. Such initial series of | ||||||
| 18 | Bonds may, and each
subsequent series of Bonds shall, also be | ||||||
| 19 | issued pursuant to a supplemental
trust indenture | ||||||
| 20 | ("Supplemental Indenture") executed and delivered on behalf
of | ||||||
| 21 | the State by the Director of the
Governor's Office of | ||||||
| 22 | Management and Budget, each such
Supplemental
Indenture to be | ||||||
| 23 | in substantially the form approved in the Bond Sale Order
| ||||||
| 24 | relating to such series. The Master Indenture and any | ||||||
| 25 | Supplemental
Indenture shall be entered into with a bank or | ||||||
| 26 | trust company in the State
of Illinois having trust powers and | ||||||
| |||||||
| |||||||
| 1 | possessing capital and surplus of not
less than $100,000,000. | ||||||
| 2 | Such indentures shall set forth the terms and
conditions of the | ||||||
| 3 | Bonds and provide for payment of and security for the
Bonds, | ||||||
| 4 | including the establishment and maintenance of debt service and
| ||||||
| 5 | reserve funds, and for other protections for holders of the | ||||||
| 6 | Bonds.
The term "reserve funds" as used in this Act shall | ||||||
| 7 | include funds and
accounts established under indentures to | ||||||
| 8 | provide for the payment of
principal of and premium and | ||||||
| 9 | interest on Bonds, to provide for the purchase,
retirement or | ||||||
| 10 | defeasance of Bonds, to provide for fees of
trustees, | ||||||
| 11 | registrars, paying agents and other fiduciaries and to provide
| ||||||
| 12 | for payment of costs of and debt service payable in respect of | ||||||
| 13 | credit or
liquidity enhancement arrangements, interest rate | ||||||
| 14 | swaps or guarantees or
financial futures contracts and
indexing | ||||||
| 15 | and remarketing agents' services.
| ||||||
| 16 | In the case of any series of Bonds bearing interest at a | ||||||
| 17 | variable
interest rate ("Variable Rate Bonds"), in lieu of | ||||||
| 18 | determining the rate or
rates at which such series of Variable | ||||||
| 19 | Rate Bonds shall bear interest and
the price or prices
at which | ||||||
| 20 | such Variable Rate Bonds shall be initially sold or remarketed | ||||||
| 21 | (in
the event of purchase and subsequent resale), the Bond
Sale | ||||||
| 22 | Order may provide that such interest rates and prices may vary | ||||||
| 23 | from time to time
depending on criteria established in such | ||||||
| 24 | Bond Sale Order, which criteria
may include, without | ||||||
| 25 | limitation, references to indices or variations in
interest | ||||||
| 26 | rates as may, in the judgment of a remarketing agent, be
| ||||||
| |||||||
| |||||||
| 1 | necessary to cause Bonds of such series to be remarketable from | ||||||
| 2 | time to
time at a price equal to their principal amount (or | ||||||
| 3 | compound accreted
value in the case of original issue discount | ||||||
| 4 | Bonds), and may provide for
appointment of indexing agents and | ||||||
| 5 | a bank, trust company,
investment bank or other financial | ||||||
| 6 | institution to serve as remarketing
agent in that connection. | ||||||
| 7 | The Bond Sale Order may provide that alternative
interest rates | ||||||
| 8 | or provisions for establishing alternative interest rates,
| ||||||
| 9 | different security or claim priorities or different call or | ||||||
| 10 | amortization provisions
will apply during such times as Bonds | ||||||
| 11 | of any series are held by a person
providing credit or | ||||||
| 12 | liquidity enhancement arrangements for such Bonds as
| ||||||
| 13 | authorized in subsection (b) of Section 6 of this Act.
| ||||||
| 14 | (b) In connection with the issuance of any series of Bonds, | ||||||
| 15 | the State
may enter into arrangements to provide additional | ||||||
| 16 | security and liquidity
for such Bonds, including, without | ||||||
| 17 | limitation, bond or interest rate
insurance or letters of | ||||||
| 18 | credit, lines of credit, bond purchase contracts or
other | ||||||
| 19 | arrangements whereby funds are made
available to retire or | ||||||
| 20 | purchase Bonds, thereby assuring the ability of
owners of the | ||||||
| 21 | Bonds to sell or redeem their Bonds.
The State may enter into | ||||||
| 22 | contracts and may agree to pay fees to persons
providing such | ||||||
| 23 | arrangements, but only under circumstances where the
Director | ||||||
| 24 | of the Bureau of the Budget
(now Governor's Office of | ||||||
| 25 | Management and Budget)
certifies that he reasonably expects
the | ||||||
| 26 | total interest paid or to be paid on the Bonds, together with | ||||||
| |||||||
| |||||||
| 1 | the fees
for the arrangements (being treated as if interest), | ||||||
| 2 | would not, taken
together, cause the Bonds to bear interest, | ||||||
| 3 | calculated to their stated
maturity, at a rate in excess of the | ||||||
| 4 | rate which the Bonds would bear in the
absence of such | ||||||
| 5 | arrangements. Any bonds, notes or other evidences of
| ||||||
| 6 | indebtedness issued pursuant to any such arrangements for the | ||||||
| 7 | purpose of
retiring and discharging outstanding Bonds
shall | ||||||
| 8 | constitute refunding Bonds
under Section 15 of this Act. The | ||||||
| 9 | State may participate in and enter
into arrangements with | ||||||
| 10 | respect to interest rate swaps or guarantees or
financial | ||||||
| 11 | futures contracts for the
purpose of limiting or restricting | ||||||
| 12 | interest rate risk; provided
that such arrangements shall be | ||||||
| 13 | made with or executed through banks
having capital and surplus | ||||||
| 14 | of not less than $100,000,000 or insurance
companies holding | ||||||
| 15 | the
highest policyholder rating accorded insurers by A.M. Best & | ||||||
| 16 | Co. or any
comparable rating service or government bond | ||||||
| 17 | dealers reporting to, trading
with, and recognized as primary | ||||||
| 18 | dealers by a Federal Reserve Bank and
having capital and | ||||||
| 19 | surplus of not less than $100,000,000,
or other persons whose
| ||||||
| 20 | debt securities are rated in the highest long-term categories | ||||||
| 21 | by both
Moody's Investors' Services, Inc. and Standard & Poor's | ||||||
| 22 | Corporation.
Agreements incorporating any of the foregoing | ||||||
| 23 | arrangements may be executed
and delivered by the Director of | ||||||
| 24 | the
Governor's Office of Management and Budget on behalf of the
| ||||||
| 25 | State in substantially the form approved in the Bond Sale Order | ||||||
| 26 | relating to
such Bonds.
| ||||||
| |||||||
| |||||||
| 1 | (c) "Build America Bonds" in this Section means Bonds | ||||||
| 2 | authorized by Section 54AA of the Internal Revenue Code of | ||||||
| 3 | 1986, as amended ("Internal Revenue Code"), and bonds issued | ||||||
| 4 | from time to time to refund or continue to refund "Build | ||||||
| 5 | America Bonds". | ||||||
| 6 | (Source: P.A. 99-523, eff. 6-30-16.)
| ||||||
| 7 | (30 ILCS 425/8) (from Ch. 127, par. 2808)
| ||||||
| 8 | Sec. 8. Sale of Bonds. Bonds, except as otherwise provided | ||||||
| 9 | in this Section, shall be sold from time to time pursuant to
| ||||||
| 10 | notice of sale and public bid or by negotiated sale in such | ||||||
| 11 | amounts and at such
times as are directed by the Governor, upon | ||||||
| 12 | recommendation by the Director of
the Governor's Office of | ||||||
| 13 | Management and Budget. At least 25%, based on total principal | ||||||
| 14 | amount, of all Bonds issued each fiscal year shall be sold | ||||||
| 15 | pursuant to notice of sale and public bid. At all times during | ||||||
| 16 | each fiscal year, no more than 75%, based on total principal | ||||||
| 17 | amount, of the Bonds issued each fiscal year shall have been | ||||||
| 18 | sold by negotiated sale. Failure to satisfy the requirements in | ||||||
| 19 | the preceding 2 sentences shall not affect the validity of any | ||||||
| 20 | previously issued Bonds; and further provided that refunding | ||||||
| 21 | Bonds satisfying the requirements of Section 15 of this Act and | ||||||
| 22 | sold during fiscal year 2009, 2010, 2011, or 2017, or 2018 | ||||||
| 23 | shall not be subject to the requirements in the preceding 2 | ||||||
| 24 | sentences. | ||||||
| 25 | If any Bonds are to be sold pursuant to notice of sale and | ||||||
| |||||||
| |||||||
| 1 | public bid, the Director of the
Governor's Office of Management | ||||||
| 2 | and Budget shall comply with the
competitive request for | ||||||
| 3 | proposal process set forth in the Illinois
Procurement Code and | ||||||
| 4 | all other applicable requirements of that Code. | ||||||
| 5 | If Bonds are to be sold pursuant to notice of sale and | ||||||
| 6 | public bid, the
Director of the
Governor's Office of Management | ||||||
| 7 | and Budget may, from time to time, as Bonds are to be sold, | ||||||
| 8 | advertise
the sale of the Bonds in at least 2 daily newspapers, | ||||||
| 9 | one of which is
published in the City of Springfield and one in | ||||||
| 10 | the City of Chicago. The sale
of the Bonds shall also be
| ||||||
| 11 | advertised in the volume of the Illinois Procurement Bulletin | ||||||
| 12 | that is
published by the Department of Central Management | ||||||
| 13 | Services, and shall be published once at least 10 days prior to | ||||||
| 14 | the date fixed
for the opening of the bids. The Director of the
| ||||||
| 15 | Governor's Office of Management and Budget may
reschedule the | ||||||
| 16 | date of sale upon the giving of such additional notice as the
| ||||||
| 17 | Director deems adequate to inform prospective bidders of
the | ||||||
| 18 | change; provided, however, that all other conditions of the | ||||||
| 19 | sale shall
continue as originally advertised.
Executed Bonds | ||||||
| 20 | shall, upon payment
therefor, be delivered to the purchaser, | ||||||
| 21 | and the proceeds of Bonds shall be
paid into the State Treasury | ||||||
| 22 | as
directed by Section 9 of this Act.
The
Governor or the | ||||||
| 23 | Director of the
Governor's Office of Management and Budget is | ||||||
| 24 | hereby authorized
and directed to execute and
deliver contracts | ||||||
| 25 | of sale with underwriters and to execute and deliver such
| ||||||
| 26 | certificates, indentures, agreements and documents, including | ||||||
| |||||||
| |||||||
| 1 | any
supplements or amendments thereto, and to take such actions | ||||||
| 2 | and do such
things as shall be necessary or desirable to carry | ||||||
| 3 | out the purposes of this
Act.
Any action authorized or | ||||||
| 4 | permitted to be taken by the Director of the
Governor's Office | ||||||
| 5 | of Management and Budget
pursuant to this Act is hereby | ||||||
| 6 | authorized to be taken
by any person specifically designated by | ||||||
| 7 | the Governor to take such action
in a certificate signed by the | ||||||
| 8 | Governor and filed with the Secretary of State.
| ||||||
| 9 | (Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)
| ||||||
| 10 | (30 ILCS 425/15) (from Ch. 127, par. 2815)
| ||||||
| 11 | Sec. 15. Refunding Bonds. Refunding Bonds are hereby | ||||||
| 12 | authorized for
the purpose of refunding any outstanding Bonds, | ||||||
| 13 | including the payment of
any redemption premium thereon, any | ||||||
| 14 | reasonable expenses of such refunding,
and any interest accrued | ||||||
| 15 | or to accrue to the earliest or any subsequent
date of | ||||||
| 16 | redemption or maturity of outstanding Bonds; provided that all | ||||||
| 17 | non-refunding Bonds in an issue that includes
refunding Bonds | ||||||
| 18 | shall mature no later than the final maturity date of Bonds
| ||||||
| 19 | being refunded; provided that no refunding Bonds shall be | ||||||
| 20 | offered for sale unless the net present value of debt service | ||||||
| 21 | savings to be achieved by the issuance of the refunding Bonds | ||||||
| 22 | is 3% or more of the principal amount of the refunding Bonds to | ||||||
| 23 | be issued; and further provided that, except for refunding | ||||||
| 24 | Bonds sold in fiscal year 2009, 2010, 2011, or 2017, or 2018, | ||||||
| 25 | the maturities of the refunding Bonds shall not extend beyond | ||||||
| |||||||
| |||||||
| 1 | the maturities of the Bonds they refund, so that for each | ||||||
| 2 | fiscal year in the maturity schedule of a particular issue of | ||||||
| 3 | refunding Bonds, the total amount of refunding principal | ||||||
| 4 | maturing and redemption amounts due in that fiscal year and all | ||||||
| 5 | prior fiscal years in that schedule shall be greater than or | ||||||
| 6 | equal to the total amount of refunded principal and redemption | ||||||
| 7 | amounts that had been due over that year and all prior fiscal | ||||||
| 8 | years prior to the refunding.
| ||||||
| 9 | Refunding Bonds may be sold in such amounts and at such | ||||||
| 10 | times, as
directed by the Governor upon
recommendation by the | ||||||
| 11 | Director of the
Governor's Office of Management and Budget. The | ||||||
| 12 | Governor
shall notify the State Treasurer and
Comptroller of | ||||||
| 13 | such refunding. The proceeds received from the sale of
| ||||||
| 14 | refunding Bonds shall be used
for the retirement at maturity or | ||||||
| 15 | redemption of such outstanding Bonds on
any maturity or | ||||||
| 16 | redemption date and, pending such use, shall be placed in
| ||||||
| 17 | escrow, subject to such terms and conditions as shall be | ||||||
| 18 | provided for in
the Bond Sale Order relating to the refunding | ||||||
| 19 | Bonds. This Act shall
constitute an irrevocable and continuing
| ||||||
| 20 | appropriation of all amounts necessary to establish an escrow | ||||||
| 21 | account for
the purpose of refunding outstanding Bonds and to | ||||||
| 22 | pay the reasonable
expenses of such refunding and of the | ||||||
| 23 | issuance and sale of the refunding
Bonds. Any such escrowed | ||||||
| 24 | proceeds may be invested and
reinvested in direct obligations | ||||||
| 25 | of the United States of America, maturing
at such time or times | ||||||
| 26 | as shall be appropriate to assure the prompt payment,
when due,
| ||||||
| |||||||
| |||||||
| 1 | of the principal of and interest and redemption premium, if | ||||||
| 2 | any, on the
refunded Bonds. After the terms of the escrow have | ||||||
| 3 | been fully satisfied,
any remaining balance of such proceeds | ||||||
| 4 | and interest, income and profits
earned or realized on the | ||||||
| 5 | investments thereof shall be paid into the
General Revenue | ||||||
| 6 | Fund. The liability of the State upon the refunded Bonds
shall | ||||||
| 7 | continue, provided that the holders thereof shall thereafter be
| ||||||
| 8 | entitled to payment only out of the moneys deposited in the | ||||||
| 9 | escrow account
and the refunded Bonds shall be deemed paid, | ||||||
| 10 | discharged and no longer to be
outstanding.
| ||||||
| 11 | Except as otherwise herein provided in this Section, such | ||||||
| 12 | refunding Bonds
shall in all other respects be issued pursuant | ||||||
| 13 | to and subject to the terms
and conditions of this Act and | ||||||
| 14 | shall be secured by and payable from only the
funds and sources | ||||||
| 15 | which are provided under this Act.
| ||||||
| 16 | (Source: P.A. 99-523, eff. 6-30-16.)
| ||||||
| 17 | ARTICLE 30. SPENDING CAPS | ||||||
| 18 | Section 30-5. The Illinois Income Tax Act is amended by | ||||||
| 19 | adding Section 201.6 as follows:
| ||||||
| 20 | (35 ILCS 5/201.6 new) | ||||||
| 21 | Sec. 201.6. Fiscal Year 2018 spending limitation and tax | ||||||
| 22 | reduction. | ||||||
| 23 | (a) If, in State fiscal year 2018, State spending exceeds | ||||||
| |||||||
| |||||||
| 1 | the State spending limitation set forth in subsection (b) of | ||||||
| 2 | this Section for that fiscal year, then the tax rates for: | ||||||
| 3 | (1) individuals, trusts, and estates set forth in | ||||||
| 4 | paragraphs (5.3) and (5.4) of subsection (b) of Section | ||||||
| 5 | 201, as amended by Senate Bill 9 of the 100th General | ||||||
| 6 | Assembly, shall be reduced, according to the procedures set | ||||||
| 7 | forth in this Section, to 3.75% of the taxpayer's net | ||||||
| 8 | income for that taxable year and for each taxable year | ||||||
| 9 | thereafter; and | ||||||
| 10 | (2) corporations set forth in paragraphs (13) and (14) | ||||||
| 11 | of subsection (b) of Section 201, as amended by Senate Bill | ||||||
| 12 | 9 of the 100th General Assembly, shall be reduced, | ||||||
| 13 | according to the procedures set forth in this Section, to | ||||||
| 14 | 5.25% of the taxpayer's net income for that taxable year | ||||||
| 15 | and for each taxable year thereafter. | ||||||
| 16 | (b) The State spending limitation for fiscal year 2018 | ||||||
| 17 | shall be $37,316,000,000 except for: increases over amounts | ||||||
| 18 | appropriated in fiscal year 2018, as required pursuant to | ||||||
| 19 | certifications of the Boards of Trustees for the General | ||||||
| 20 | Assembly Retirement System, Judges Retirement System of | ||||||
| 21 | Illinois, State Employees' Retirement System of Illinois, | ||||||
| 22 | Teachers' Retirement System of the State of Illinois, and State | ||||||
| 23 | Universities Retirement System; increases over amounts | ||||||
| 24 | transferred in fiscal year 2018 in amounts required to be | ||||||
| 25 | transferred under Section 15 of the General Obligation Bond | ||||||
| 26 | Act; or increases over payments made in fiscal year 2018 in | ||||||
| |||||||
| |||||||
| 1 | payments to the Health Insurance Reserve Fund necessary to | ||||||
| 2 | cover state obligations of the State Employees Group Insurance | ||||||
| 3 | Act of 1971. | ||||||
| 4 | (c) Notwithstanding any provision of law to the contrary, | ||||||
| 5 | the Auditor General shall examine each Public Act authorizing | ||||||
| 6 | State spending from State general funds and prepare a report no | ||||||
| 7 | later than 30 days after receiving notification of the Public | ||||||
| 8 | Act from the Secretary of State or 60 days after the effective | ||||||
| 9 | date of the Public Act, whichever is earlier. The Auditor | ||||||
| 10 | General shall file the report with the Secretary of State and | ||||||
| 11 | copies with the Governor, the State Treasurer, the State | ||||||
| 12 | Comptroller, the Senate, and the House of Representatives. The | ||||||
| 13 | report shall indicate: (i) the amount of State spending set | ||||||
| 14 | forth in the applicable Public Act; (ii) the total amount of | ||||||
| 15 | State spending authorized by law for the applicable fiscal year | ||||||
| 16 | as of the date of the report; and (iii) whether State spending | ||||||
| 17 | exceeds the State spending limitation set forth in subsection | ||||||
| 18 | (b). The Auditor General may examine multiple Public Acts in | ||||||
| 19 | one consolidated report, provided that each Public Act is | ||||||
| 20 | examined within the time period mandated by this subsection | ||||||
| 21 | (c). The Auditor General shall issue reports in accordance with | ||||||
| 22 | this Section through June 30, 2018, or the effective date of a | ||||||
| 23 | reduction as provided for in this Section in the rates of tax | ||||||
| 24 | set forth in paragraphs (5.3), (5.4), (13), and (14) of | ||||||
| 25 | subsection (b) of Section 201, as amended by Senate Bill 9 of | ||||||
| 26 | the 100th General Assembly, whichever is earlier.
At the | ||||||
| |||||||
| |||||||
| 1 | request of the Auditor General, each State agency shall, | ||||||
| 2 | without delay, make available to the Auditor General or his or | ||||||
| 3 | her designated representative any record or information | ||||||
| 4 | requested and shall provide for examination or copying all | ||||||
| 5 | records, accounts, papers, reports, vouchers, correspondence, | ||||||
| 6 | books and other documentation in the custody of that agency, | ||||||
| 7 | including information stored in electronic data processing | ||||||
| 8 | systems, which is related to or within the scope of a report | ||||||
| 9 | prepared under this Section. The Auditor General shall report | ||||||
| 10 | to the Governor each instance in which a State agency fails to | ||||||
| 11 | cooperate promptly and fully with his or her office as required | ||||||
| 12 | by this Section. The Auditor General's report shall not be in | ||||||
| 13 | the nature of a post-audit or examination and shall not lead to | ||||||
| 14 | the issuance of an opinion as that term is defined in generally | ||||||
| 15 | accepted government auditing standards. | ||||||
| 16 | (d) If the Auditor General reports that State spending has | ||||||
| 17 | exceeded the State spending limitation for the fiscal year set | ||||||
| 18 | forth in subsection (b) and if the Governor has not been | ||||||
| 19 | presented with a bill or bills passed by the General Assembly | ||||||
| 20 | to reduce State spending to a level that does not exceed the | ||||||
| 21 | State spending limitation within 45 calendar days of receipt of | ||||||
| 22 | the Auditor General's report, then the Governor may, for the | ||||||
| 23 | purpose of reducing State spending to a level that does not | ||||||
| 24 | exceed the State spending limitation for the fiscal year set | ||||||
| 25 | forth in subsection (b), designate amounts to be set aside as a | ||||||
| 26 | reserve from the amounts appropriated from the State general | ||||||
| |||||||
| |||||||
| 1 | funds for all boards, commissions, agencies, institutions, | ||||||
| 2 | authorities, colleges, universities, and bodies politic and | ||||||
| 3 | corporate of the State, but not other constitutional officers, | ||||||
| 4 | the legislative or judicial branch, the office of the Executive | ||||||
| 5 | Inspector General, or the Executive Ethics Commission. Such a | ||||||
| 6 | designation must be made within 15 calendar days after the end | ||||||
| 7 | of that 45-day period. If the Governor designates amounts to be | ||||||
| 8 | set aside as a reserve, the Governor shall give notice of the | ||||||
| 9 | designation to the Auditor General, the State Treasurer, the | ||||||
| 10 | State Comptroller, the Senate, and the House of | ||||||
| 11 | Representatives. The amounts placed in reserves shall not be | ||||||
| 12 | transferred, obligated, encumbered, expended, or otherwise | ||||||
| 13 | committed unless so authorized by law. Any amount placed in | ||||||
| 14 | reserves is not State spending and shall not be considered when | ||||||
| 15 | calculating the total amount of State spending for the fiscal | ||||||
| 16 | year. Any Public Act authorizing the use of amounts placed in | ||||||
| 17 | reserve by the Governor is considered State spending, unless | ||||||
| 18 | such Public Act authorizes the use of amounts placed in | ||||||
| 19 | reserves in response to a fiscal emergency under subsection | ||||||
| 20 | (g). | ||||||
| 21 | (e) If the Auditor General reports under subsection (c) | ||||||
| 22 | that State spending has exceeded the State spending limitation | ||||||
| 23 | set forth for the fiscal year in subsection (b), then the | ||||||
| 24 | Auditor General shall issue a supplemental report no sooner | ||||||
| 25 | than the 61st day and no later than the 65th day after issuing | ||||||
| 26 | the report pursuant to subsection (c). The supplemental report | ||||||
| |||||||
| |||||||
| 1 | shall: (i) summarize details of actions taken by the General | ||||||
| 2 | Assembly and the Governor after the issuance of the initial | ||||||
| 3 | report to reduce State spending, if any, (ii) indicate whether | ||||||
| 4 | the level of State spending has changed since the initial | ||||||
| 5 | report, and (iii) indicate whether State spending exceeds the | ||||||
| 6 | State spending limitation. The Auditor General shall file the | ||||||
| 7 | report with the Secretary of State and copies with the | ||||||
| 8 | Governor, the State Treasurer, the State Comptroller, the | ||||||
| 9 | Senate, and the House of Representatives. If the supplemental | ||||||
| 10 | report of the Auditor General indicates that State spending | ||||||
| 11 | exceeds the State spending limitation for that fiscal year, | ||||||
| 12 | then the rates of tax set forth in paragraphs (5.3), (5.4), | ||||||
| 13 | (13), and (14) of subsection (b) of Section 201, as amended by | ||||||
| 14 | Senate Bill 9 of the 100th General Assembly, are reduced as | ||||||
| 15 | provided in subsection (a) of this Section, beginning on the | ||||||
| 16 | first day of the first month to occur not less than 30 days | ||||||
| 17 | after issuance of the supplemental report. | ||||||
| 18 | (f) Should the rates of tax be reduced under this Section, | ||||||
| 19 | the tax imposed by subsections (a) and (b) of Section 201 shall | ||||||
| 20 | be determined as follows: | ||||||
| 21 | (1) In the case of an individual, trust, or estate, the | ||||||
| 22 | tax shall be imposed in an amount equal to the sum of (i) | ||||||
| 23 | the rate applicable to the taxpayer under subsection (b) of
| ||||||
| 24 | Section 201 (without regard to the provisions of this | ||||||
| 25 | Section) times the taxpayer's net income for any portion of | ||||||
| 26 | the taxable year prior to the effective date of the | ||||||
| |||||||
| |||||||
| 1 | reduction, and (ii) 3.75% of the taxpayer's net income for | ||||||
| 2 | any portion of the taxable year on or after the effective | ||||||
| 3 | date of the reduction. | ||||||
| 4 | (2) In the case of a corporation, the tax shall be | ||||||
| 5 | imposed in an amount equal to the sum of (i) the rate | ||||||
| 6 | applicable to the taxpayer under subsection (b) of Section | ||||||
| 7 | 201 (without regard to the provisions of this Section) | ||||||
| 8 | times the taxpayer's net income for any portion of the | ||||||
| 9 | taxable year prior to the effective date of the reduction, | ||||||
| 10 | and (ii) 5.25% of the taxpayer's net income for any portion | ||||||
| 11 | of the taxable year on or after the effective date of the | ||||||
| 12 | reduction. | ||||||
| 13 | (3) For any taxpayer for whom the rate has been reduced | ||||||
| 14 | under this Section for a portion of a taxable year, the | ||||||
| 15 | taxpayer shall determine the net income for each portion of | ||||||
| 16 | the taxable year following the rules set forth in Section | ||||||
| 17 | 202.5, as amended by Senate Bill 9 of the 100th General | ||||||
| 18 | Assembly, using the effective date of the rate reduction | ||||||
| 19 | rather than the January 1 dates found in that Section, and | ||||||
| 20 | the day before the effective date of the rate reduction | ||||||
| 21 | rather than the December 31 dates found in that Section. | ||||||
| 22 | (4) If the rate applicable to the taxpayer under | ||||||
| 23 | subsection (b) of Section 201 (without regard to the | ||||||
| 24 | provisions of this Section) changes during a portion of the | ||||||
| 25 | taxable year to which that rate is applied under paragraphs | ||||||
| 26 | (1) or (2) of this subsection (f), the tax for that portion | ||||||
| |||||||
| |||||||
| 1 | of the taxable year for purposes of paragraph (1) or (2) of | ||||||
| 2 | this subsection (f) shall be determined as if that portion | ||||||
| 3 | of the taxable year were a separate taxable year, following | ||||||
| 4 | the rules set forth in Section 202.5, as amended by Senate | ||||||
| 5 | Bill 9 of the 100th General Assembly. If the taxpayer | ||||||
| 6 | elects to follow the rules set forth in subsection
(b) of | ||||||
| 7 | Section 202.5, as amended by Senate Bill 9 of the 100th | ||||||
| 8 | General Assembly, then the taxpayer shall follow the rules | ||||||
| 9 | set forth in subsection (b) of Section 202.5, as amended by | ||||||
| 10 | Senate Bill 9 of the 100th General Assembly, for all | ||||||
| 11 | purposes of this Section for that taxable year. | ||||||
| 12 | (g) Notwithstanding the State spending limitation set | ||||||
| 13 | forth in subsection (b) of this Section, the Governor may, with | ||||||
| 14 | the written consent of the State Treasurer and the State | ||||||
| 15 | Comptroller, declare a fiscal emergency by filing a declaration | ||||||
| 16 | with the Secretary of State and copies with the State | ||||||
| 17 | Treasurer, the State Comptroller, the Senate, and the House of | ||||||
| 18 | Representatives. The declaration: must be limited to only one | ||||||
| 19 | State fiscal year, must set forth compelling reasons for | ||||||
| 20 | declaring a fiscal emergency, may reference amounts required to | ||||||
| 21 | be transferred under Section 15 of the General Obligation Bond | ||||||
| 22 | Act, and must request a specific dollar amount.
State spending | ||||||
| 23 | authorized by law to address the fiscal emergency in an amount | ||||||
| 24 | no greater than the dollar amount specified in the declaration | ||||||
| 25 | shall not be considered "State spending" for purposes of the | ||||||
| 26 | State spending limitation. | ||||||
| |||||||
| |||||||
| 1 | (h) As used in this Section: | ||||||
| 2 | "State general funds" has the meaning provided in Section | ||||||
| 3 | 50-40 of the State Budget Law. | ||||||
| 4 | "State spending" means (i) the total amount authorized for | ||||||
| 5 | spending by appropriation or statutory transfer from the State | ||||||
| 6 | general funds in the applicable fiscal year, and (ii) any | ||||||
| 7 | amounts the Governor places in reserves in accordance with | ||||||
| 8 | subsection (d) that are subsequently released from reserves | ||||||
| 9 | following authorization by a Public Act. For the purpose of | ||||||
| 10 | this definition, "appropriation" means authority to spend | ||||||
| 11 | money from a State general fund for a specific amount, purpose, | ||||||
| 12 | and time period, including any supplemental appropriation or | ||||||
| 13 | continuing appropriation, but does not include | ||||||
| 14 | reappropriations from a previous fiscal year. For the purpose | ||||||
| 15 | of this definition, "statutory transfer" means authority to | ||||||
| 16 | transfer funds from one State general fund to any other fund in | ||||||
| 17 | the State treasury, but does not include transfers made from | ||||||
| 18 | one State general fund to another State general fund. | ||||||
| 19 | "State spending limitation" means the amount described in | ||||||
| 20 | subsection (b) of this Section for the applicable fiscal year.
| ||||||
| 21 | ARTICLE 35. TOURISM FUNDS | ||||||
| 22 | Section 35-5. The Department of Commerce and Economic | ||||||
| 23 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
| 24 | amended by changing Section 605-710 as follows:
| ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 605/605-710)
| ||||||
| 2 | Sec. 605-710. Regional tourism development organizations.
| ||||||
| 3 | (a) The Department may, subject to appropriation, provide
| ||||||
| 4 | grants from the Tourism Promotion Fund for the administrative
| ||||||
| 5 | costs of not-for-profit regional tourism development | ||||||
| 6 | organizations that assist
the Department in developing tourism | ||||||
| 7 | throughout a multi-county geographical
area designated by the | ||||||
| 8 | Department. Regional tourism development organizations
| ||||||
| 9 | receiving funds under this Section may be required by the | ||||||
| 10 | Department to submit
to audits of contracts awarded by the | ||||||
| 11 | Department to determine whether the
regional tourism | ||||||
| 12 | development organization has performed all contractual
| ||||||
| 13 | obligations under those contracts.
| ||||||
| 14 | Every employee of a regional tourism development | ||||||
| 15 | organization receiving funds
under this Section shall disclose | ||||||
| 16 | to the organization's governing board and to
the Department any | ||||||
| 17 | economic interest that employee may have in any entity with
| ||||||
| 18 | which the regional tourism development organization has | ||||||
| 19 | contracted or to which
the regional tourism development | ||||||
| 20 | organization has granted funds.
| ||||||
| 21 | (b) The Department, from moneys transferred from the | ||||||
| 22 | General Revenue Fund
to the Tourism Promotion Fund and | ||||||
| 23 | appropriated from the Tourism Promotion
Fund, shall first | ||||||
| 24 | provide funding of $5,000,000 annually to a governmental
entity | ||||||
| 25 | with at least 2,000,000 square feet of exhibition space that | ||||||
| |||||||
| |||||||
| 1 | has as
part of its duties the promotion of cultural, scientific | ||||||
| 2 | and trade exhibits
and events within a county with a population | ||||||
| 3 | of more than 3,000,000, to be
used for any of the governmental | ||||||
| 4 | entity's general corporate purposes.
| ||||||
| 5 | (Source: P.A. 92-11, eff. 6-11-01; 92-38, eff. 6-28-01; 92-651, | ||||||
| 6 | eff.
7-11-02.)
| ||||||
| 7 | Section 35-10. The Illinois Promotion Act is amended by | ||||||
| 8 | changing Sections 4a, 5, and 8 as follows:
| ||||||
| 9 | (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
| ||||||
| 10 | Sec. 4a. Funds.
| ||||||
| 11 | (1) All moneys deposited in the Tourism Promotion Fund | ||||||
| 12 | pursuant to this
subsection are allocated to the Department for | ||||||
| 13 | utilization, as
appropriated, in the performance of its powers | ||||||
| 14 | under Section 4; except that during fiscal year 2013, the | ||||||
| 15 | Department shall reserve $9,800,000 of the total funds | ||||||
| 16 | available for appropriation in the Tourism Promotion Fund for | ||||||
| 17 | appropriation to the Historic Preservation Agency for the | ||||||
| 18 | operation of the Abraham Lincoln Presidential Library and | ||||||
| 19 | Museum and State historic sites.
| ||||||
| 20 | As soon as possible after the first day of each month, | ||||||
| 21 | beginning July 1,
1997 and ending on June 30, 2017, upon | ||||||
| 22 | certification of the Department of Revenue, the Comptroller | ||||||
| 23 | shall
order transferred and the Treasurer shall transfer from | ||||||
| 24 | the General Revenue
Fund to the Tourism Promotion Fund an | ||||||
| |||||||
| |||||||
| 1 | amount equal to 13% of the net
revenue realized from the Hotel | ||||||
| 2 | Operators' Occupation Tax Act plus an amount
equal to 13% of | ||||||
| 3 | the net revenue realized from any tax imposed under
Section
| ||||||
| 4 | 4.05 of the Chicago World's Fair-1992 Authority Act during the | ||||||
| 5 | preceding month.
"Net revenue realized for a month" means the | ||||||
| 6 | revenue collected by the State
under that Act during the | ||||||
| 7 | previous month less the amount paid out during that
same month | ||||||
| 8 | as refunds to taxpayers for overpayment of liability under that
| ||||||
| 9 | Act.
| ||||||
| 10 | (1.1) (Blank).
| ||||||
| 11 | (2) As soon as possible after the first day of each month,
| ||||||
| 12 | beginning July 1,
1997 and ending on June 30, 2017, upon | ||||||
| 13 | certification of the Department of Revenue, the Comptroller | ||||||
| 14 | shall
order transferred and the Treasurer shall transfer from | ||||||
| 15 | the General Revenue
Fund to the Tourism
Promotion Fund an | ||||||
| 16 | amount equal to 8% of the net revenue realized from the Hotel
| ||||||
| 17 | Operators' Occupation Tax plus an amount equal to 8% of the net | ||||||
| 18 | revenue
realized from any tax imposed under Section 4.05 of the | ||||||
| 19 | Chicago World's
Fair-1992 Authority Act during the preceding | ||||||
| 20 | month. "Net revenue realized for
a
month" means the revenue | ||||||
| 21 | collected by the State under that Act during the
previous month | ||||||
| 22 | less the amount paid out during that same month as refunds to
| ||||||
| 23 | taxpayers for overpayment of liability under that Act.
| ||||||
| 24 | All monies deposited in the Tourism Promotion Fund under | ||||||
| 25 | this
subsection (2) shall be used solely as provided in this | ||||||
| 26 | subsection to
advertise and promote tourism throughout | ||||||
| |||||||
| |||||||
| 1 | Illinois. Appropriations of monies
deposited in the Tourism | ||||||
| 2 | Promotion Fund pursuant to this subsection (2)
shall be used | ||||||
| 3 | solely for advertising to promote tourism, including but not
| ||||||
| 4 | limited to advertising production and direct advertisement | ||||||
| 5 | costs, but shall
not be used to employ any additional staff, | ||||||
| 6 | finance any individual event,
or lease, rent or purchase any | ||||||
| 7 | physical facilities. The Department shall
coordinate its | ||||||
| 8 | advertising under this subsection (2) with other public and
| ||||||
| 9 | private entities in the State engaged in similar promotion | ||||||
| 10 | activities.
Print or electronic media production made pursuant | ||||||
| 11 | to this subsection (2)
for advertising promotion shall not | ||||||
| 12 | contain or include the physical
appearance of or reference to | ||||||
| 13 | the name or position of any public officer.
"Public officer" | ||||||
| 14 | means a person who is elected to office pursuant to
statute, or | ||||||
| 15 | who is appointed to an office which is established, and the
| ||||||
| 16 | qualifications and duties of which are prescribed, by statute, | ||||||
| 17 | to discharge
a public duty for the State or any of its | ||||||
| 18 | political subdivisions. | ||||||
| 19 | (3) Notwithstanding anything in this Section to the | ||||||
| 20 | contrary, amounts transferred from the General Revenue Fund to | ||||||
| 21 | the Tourism Promotion Fund pursuant to this Section shall not | ||||||
| 22 | exceed $26,300,000 in State fiscal year 2012.
| ||||||
| 23 | (4) As soon as possible after the first day of each month, | ||||||
| 24 | beginning July 1, 2017, if the amount of revenue deposited into | ||||||
| 25 | the Tourism Promotion Fund under subsection (c) of Section 6 of | ||||||
| 26 | the Hotel Operators' Occupation Tax Act is less than 21% of the | ||||||
| |||||||
| |||||||
| 1 | net revenue realized from the Hotel Operators' Occupation Tax | ||||||
| 2 | during the preceding month, then, upon certification of the | ||||||
| 3 | Department of Revenue, the State Comptroller shall direct and | ||||||
| 4 | the State Treasurer shall transfer from the General Revenue | ||||||
| 5 | Fund to the Tourism Promotion Fund an amount equal to the | ||||||
| 6 | difference between 21% of the net revenue realized from the | ||||||
| 7 | Hotel Operators' Occupation Tax during the preceding month and | ||||||
| 8 | the amount of revenue deposited into the Tourism Promotion Fund | ||||||
| 9 | under subsection (c) of Section 6 of the Hotel Operators' | ||||||
| 10 | Occupation Tax Act. | ||||||
| 11 | (5) Beginning on July 1, 2017, moneys deposited into the | ||||||
| 12 | Tourism Promotion Fund under subsection (c) of Section 6 of the | ||||||
| 13 | Hotel Operators' Occupation Tax Act may be used by the | ||||||
| 14 | Department of Commerce and Economic Opportunity for the | ||||||
| 15 | purposes authorized in the Illinois Promotion Act and for | ||||||
| 16 | advertising to promote tourism, including but not limited to | ||||||
| 17 | advertising production and direct advertisement costs. | ||||||
| 18 | (Source: P.A. 97-641, eff. 12-19-11; 97-732, eff. 6-30-12.)
| ||||||
| 19 | (20 ILCS 665/5) (from Ch. 127, par. 200-25)
| ||||||
| 20 | Sec. 5. Marketing and private sector programs.
| ||||||
| 21 | (a) The Department is authorized to make grants, subject to
| ||||||
| 22 | appropriation, from
funds transferred into the Tourism
| ||||||
| 23 | Promotion Fund under subsection (1) of Section 4a
to counties,
| ||||||
| 24 | municipalities, not-for-profit organizations, and local | ||||||
| 25 | promotion groups
and
to assist such counties,
municipalities | ||||||
| |||||||
| |||||||
| 1 | and local promotion groups in the promotion of tourism
| ||||||
| 2 | attractions and tourism events.
The Department, after review of | ||||||
| 3 | the application and if satisfied
that the program and proposed | ||||||
| 4 | expenditures of the applicant appear to
be in accord with the | ||||||
| 5 | purposes of this Act, must grant to the
applicant an amount not | ||||||
| 6 | to exceed 60% of the proposed expenditures.
| ||||||
| 7 | (b) The Department may make grants, subject to | ||||||
| 8 | appropriation, from
funds transferred into the Tourism | ||||||
| 9 | Promotion Fund under subsection (1)
of Section 4a to counties, | ||||||
| 10 | municipalities, not-for-profit
organizations, local promotion | ||||||
| 11 | groups, and for-profit businesses to
assist in attracting and | ||||||
| 12 | hosting tourism events matched with funds from
sources in the | ||||||
| 13 | private sector. The Department, after review of the
application | ||||||
| 14 | and if satisfied that the program and proposed
expenditures of | ||||||
| 15 | the applicant appear to be in accord with the purposes
of this | ||||||
| 16 | Act, must grant to the applicant an amount not to exceed
50% of | ||||||
| 17 | the proposed expenditures.
| ||||||
| 18 | Before any such grant may be made the county, municipality, | ||||||
| 19 | not-for-profit
organization, local
promotion group, or | ||||||
| 20 | for-profit business must make application to the
Department for | ||||||
| 21 | such grant, setting forth the studies, surveys and
| ||||||
| 22 | investigations proposed to be made and other activities
| ||||||
| 23 | proposed to be undertaken. The application shall further state, | ||||||
| 24 | under oath
or affirmation, with evidence thereof satisfactory | ||||||
| 25 | to the Department, the
amount of funds held by, committed to or | ||||||
| 26 | subscribed to, and proposed to be
expended by, the applicant | ||||||
| |||||||
| |||||||
| 1 | for the purposes herein described and the amount
of the grant | ||||||
| 2 | for which application is made.
| ||||||
| 3 | (Source: P.A. 92-38, eff. 6-28-01.)
| ||||||
| 4 | (20 ILCS 665/8) (from Ch. 127, par. 200-28)
| ||||||
| 5 | Sec. 8. Allocation of appropriations.
| ||||||
| 6 | (1) Amounts transferred under subsection (1) of Section 4a | ||||||
| 7 | that are
appropriated from the Tourism Promotion Fund to the
| ||||||
| 8 | Department for the purpose of making grants under Sections 5 | ||||||
| 9 | and 6 of this Act
shall be allocated by the Department as | ||||||
| 10 | follows:
| ||||||
| 11 | (a) 62.5% to local promotion groups, municipalities, | ||||||
| 12 | and counties not
wholly or partially within any county of | ||||||
| 13 | more than 1 million population;
| ||||||
| 14 | (b) 37.5% to local promotion groups, municipalities, | ||||||
| 15 | and counties wholly
or partially within any county of more | ||||||
| 16 | than 1 million population.
| ||||||
| 17 | However, if sufficient local funds cannot be raised to | ||||||
| 18 | match the
allocation made under either paragraph (a) or (b) of | ||||||
| 19 | this subsection, such
appropriations may be reallocated, in | ||||||
| 20 | whole or in part, to any applicant or
applicants able to | ||||||
| 21 | qualify for a grant or may be used by the Department to
promote | ||||||
| 22 | the tourist attractions of the State of Illinois as a whole.
| ||||||
| 23 | (2) Amounts transferred under subsection (1) of Section 4a
| ||||||
| 24 | that are
appropriated from the Tourism Promotion Fund to the | ||||||
| 25 | Department for the purpose
of making grants under Sections 5 | ||||||
| |||||||
| |||||||
| 1 | and 6 of this Act to match funds from the
private sector may be | ||||||
| 2 | used by the
Department in any county of this State.
| ||||||
| 3 | (Source: P.A. 90-26, eff. 7-1-97.)
| ||||||
| 4 | Section 35-20. The Hotel Operators' Occupation Tax Act is | ||||||
| 5 | amended by changing Section 6 as follows:
| ||||||
| 6 | (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
| ||||||
| 7 | Sec. 6. Filing of returns and distribution of proceeds. | ||||||
| 8 | Except as provided hereinafter in this Section, on or | ||||||
| 9 | before
the last day of each calendar month, every person | ||||||
| 10 | engaged in the
business of renting, leasing or letting rooms in | ||||||
| 11 | a hotel in this State
during the preceding calendar month shall | ||||||
| 12 | file a return with the
Department, stating:
| ||||||
| 13 | 1. The name of the operator;
| ||||||
| 14 | 2. His residence address and the address of his | ||||||
| 15 | principal place of
business and the address of the | ||||||
| 16 | principal place of business (if that is
a different | ||||||
| 17 | address) from which he engages in the business of renting,
| ||||||
| 18 | leasing or letting rooms in a hotel in this State;
| ||||||
| 19 | 3. Total amount of rental receipts received by him | ||||||
| 20 | during the
preceding calendar month from renting, leasing | ||||||
| 21 | or letting rooms during
such preceding calendar month;
| ||||||
| 22 | 4. Total amount of rental receipts received by him | ||||||
| 23 | during the
preceding calendar month from renting, leasing | ||||||
| 24 | or letting rooms to
permanent residents during such | ||||||
| |||||||
| |||||||
| 1 | preceding calendar month;
| ||||||
| 2 | 5. Total amount of other exclusions from gross rental | ||||||
| 3 | receipts
allowed by this Act;
| ||||||
| 4 | 6. Gross rental receipts which were received by him | ||||||
| 5 | during the
preceding calendar month and upon the basis of | ||||||
| 6 | which the tax is imposed;
| ||||||
| 7 | 7. The amount of tax due;
| ||||||
| 8 | 8. Such other reasonable information as the Department | ||||||
| 9 | may require.
| ||||||
| 10 | If the operator's average monthly tax liability to the | ||||||
| 11 | Department
does not exceed $200, the Department may authorize | ||||||
| 12 | his returns to be
filed on a quarter annual basis, with the | ||||||
| 13 | return for January, February
and March of a given year being | ||||||
| 14 | due by April 30 of such year; with the
return for April, May | ||||||
| 15 | and June of a given year being due by July 31 of
such year; with | ||||||
| 16 | the return for July, August and September of a given
year being | ||||||
| 17 | due by October 31 of such year, and with the return for
| ||||||
| 18 | October, November and December of a given year being due by | ||||||
| 19 | January 31
of the following year.
| ||||||
| 20 | If the operator's average monthly tax liability to the | ||||||
| 21 | Department
does not exceed $50, the Department may authorize | ||||||
| 22 | his returns to be
filed on an annual basis, with the return for | ||||||
| 23 | a given year being due by
January 31 of the following year.
| ||||||
| 24 | Such quarter annual and annual returns, as to form and | ||||||
| 25 | substance,
shall be subject to the same requirements as monthly | ||||||
| 26 | returns.
| ||||||
| |||||||
| |||||||
| 1 | Notwithstanding any other provision in this Act concerning | ||||||
| 2 | the time
within which an operator may file his return, in the | ||||||
| 3 | case of any
operator who ceases to engage in a kind of business | ||||||
| 4 | which makes him
responsible for filing returns under this Act, | ||||||
| 5 | such operator shall file
a final return under this Act with the | ||||||
| 6 | Department not more than 1 month
after discontinuing such | ||||||
| 7 | business.
| ||||||
| 8 | Where the same person has more than 1 business registered | ||||||
| 9 | with the
Department under separate registrations under this | ||||||
| 10 | Act, such person
shall not file each return that is due as a | ||||||
| 11 | single return covering all
such registered businesses, but | ||||||
| 12 | shall file separate returns for each
such registered business.
| ||||||
| 13 | In his return, the operator shall determine the value of | ||||||
| 14 | any
consideration other than money received by him in | ||||||
| 15 | connection with the
renting, leasing or letting of rooms in the | ||||||
| 16 | course of his business and
he shall include such value in his | ||||||
| 17 | return. Such determination shall be
subject to review and | ||||||
| 18 | revision by the Department in the manner
hereinafter provided | ||||||
| 19 | for the correction of returns.
| ||||||
| 20 | Where the operator is a corporation, the return filed on | ||||||
| 21 | behalf of
such corporation shall be signed by the president, | ||||||
| 22 | vice-president,
secretary or treasurer or by the properly | ||||||
| 23 | accredited agent of such
corporation.
| ||||||
| 24 | The person filing the return herein provided for shall, at | ||||||
| 25 | the time of
filing such return, pay to the Department the | ||||||
| 26 | amount of tax herein imposed.
The operator filing the return | ||||||
| |||||||
| |||||||
| 1 | under this Section shall, at the time of
filing such return, | ||||||
| 2 | pay to the Department the amount of tax imposed by this
Act | ||||||
| 3 | less a discount of 2.1% or $25 per calendar year, whichever is | ||||||
| 4 | greater,
which is allowed to reimburse the operator for the | ||||||
| 5 | expenses incurred in
keeping records, preparing and filing | ||||||
| 6 | returns, remitting the tax and
supplying data to the Department | ||||||
| 7 | on request.
| ||||||
| 8 | There shall be deposited in the Build Illinois Fund in the | ||||||
| 9 | State
Treasury for each State fiscal year 40% of the amount of | ||||||
| 10 | total
net proceeds from the tax imposed by subsection (a) of | ||||||
| 11 | Section 3.
Of the remaining 60%, $5,000,000 shall be deposited | ||||||
| 12 | in the Illinois
Sports Facilities Fund and credited to the | ||||||
| 13 | Subsidy Account each fiscal
year by making monthly deposits in | ||||||
| 14 | the amount of 1/8 of $5,000,000 plus
cumulative deficiencies in | ||||||
| 15 | such deposits for prior months, and an
additional $8,000,000 | ||||||
| 16 | shall be deposited in the Illinois Sports Facilities
Fund and | ||||||
| 17 | credited to the Advance Account each fiscal year by making | ||||||
| 18 | monthly
deposits in the amount of 1/8 of $8,000,000 plus any | ||||||
| 19 | cumulative deficiencies
in such deposits for prior months; | ||||||
| 20 | provided, that for fiscal years ending
after June 30, 2001, the | ||||||
| 21 | amount to be so deposited into the Illinois
Sports Facilities | ||||||
| 22 | Fund and credited to the Advance Account each fiscal year
shall | ||||||
| 23 | be increased from $8,000,000 to the then applicable Advance | ||||||
| 24 | Amount and
the required monthly deposits beginning with July | ||||||
| 25 | 2001 shall be in the amount
of 1/8 of the then applicable | ||||||
| 26 | Advance Amount plus any cumulative deficiencies
in those | ||||||
| |||||||
| |||||||
| 1 | deposits for prior months. (The deposits of the additional | ||||||
| 2 | $8,000,000
or the then applicable Advance Amount, as | ||||||
| 3 | applicable,
during each fiscal year shall be treated as | ||||||
| 4 | advances
of funds to the Illinois Sports Facilities Authority | ||||||
| 5 | for its corporate
purposes to the extent paid to the Authority | ||||||
| 6 | or its trustee and shall be
repaid into the General Revenue | ||||||
| 7 | Fund in the State Treasury by the State
Treasurer on behalf of | ||||||
| 8 | the Authority pursuant to Section 19 of the Illinois
Sports | ||||||
| 9 | Facilities Authority Act, as amended. If in any fiscal year the | ||||||
| 10 | full
amount of the then applicable Advance Amount
is not repaid | ||||||
| 11 | into the General Revenue Fund, then the deficiency shall be | ||||||
| 12 | paid
from the amount in the Local Government Distributive Fund | ||||||
| 13 | that would otherwise
be allocated to the City of Chicago under | ||||||
| 14 | the State Revenue Sharing Act.)
| ||||||
| 15 | For purposes of the foregoing paragraph, the term "Advance | ||||||
| 16 | Amount"
means, for fiscal year 2002, $22,179,000, and for | ||||||
| 17 | subsequent fiscal years
through fiscal year 2032, 105.615% of | ||||||
| 18 | the Advance Amount for the immediately
preceding fiscal year, | ||||||
| 19 | rounded up to the nearest $1,000.
| ||||||
| 20 | Of the remaining 60% of the amount of total net proceeds | ||||||
| 21 | prior to August 1, 2011 from the tax
imposed by subsection (a) | ||||||
| 22 | of Section 3 after all required deposits in the
Illinois Sports | ||||||
| 23 | Facilities Fund, the amount equal to 8% of the net revenue
| ||||||
| 24 | realized from this Act plus an amount equal to
8% of the net | ||||||
| 25 | revenue realized from any tax imposed under Section 4.05 of the
| ||||||
| 26 | Chicago World's Fair-1992 Authority Act during the preceding | ||||||
| |||||||
| |||||||
| 1 | month shall be
deposited in the Local Tourism Fund each month | ||||||
| 2 | for purposes authorized by
Section 605-705 of the Department of | ||||||
| 3 | Commerce and Economic Opportunity Law (20 ILCS 605/605-705). Of | ||||||
| 4 | the remaining 60% of the amount of total net proceeds beginning | ||||||
| 5 | on August 1, 2011 from the tax imposed by subsection (a) of | ||||||
| 6 | Section 3 after all required deposits in the Illinois Sports | ||||||
| 7 | Facilities Fund, an amount equal to 8% of the net revenue | ||||||
| 8 | realized from this Act plus an amount equal to 8% of the net | ||||||
| 9 | revenue realized from any tax imposed under Section 4.05 of the | ||||||
| 10 | Chicago World's Fair-1992 Authority Act during the preceding | ||||||
| 11 | month shall be deposited as follows: 18% of such amount shall | ||||||
| 12 | be deposited into the Chicago Travel Industry Promotion Fund | ||||||
| 13 | for the purposes described in subsection (n) of Section 5 of | ||||||
| 14 | the Metropolitan Pier and Exposition Authority Act and the | ||||||
| 15 | remaining 82% of such amount shall be deposited into the Local | ||||||
| 16 | Tourism Fund each month for purposes authorized by Section | ||||||
| 17 | 605-705 of the Department of Commerce and Economic Opportunity | ||||||
| 18 | Law. Beginning on August 1, 1999 and ending on July 31, 2011, | ||||||
| 19 | an amount equal to 4.5% of the net revenue
realized from the | ||||||
| 20 | Hotel Operators' Occupation Tax Act during the preceding
month | ||||||
| 21 | shall be deposited into the International Tourism Fund for the | ||||||
| 22 | purposes
authorized in Section 605-707 of the Department of | ||||||
| 23 | Commerce
and Economic Opportunity Law. Beginning on August 1, | ||||||
| 24 | 2011, an amount equal to 4.5% of the net revenue realized from | ||||||
| 25 | this Act during the preceding month shall be deposited as | ||||||
| 26 | follows: 55% of such amount shall be deposited into the Chicago | ||||||
| |||||||
| |||||||
| 1 | Travel Industry Promotion Fund for the purposes described in | ||||||
| 2 | subsection (n) of Section 5 of the Metropolitan Pier and | ||||||
| 3 | Exposition Authority Act and the remaining 45% of such amount | ||||||
| 4 | deposited into the International Tourism Fund for the purposes | ||||||
| 5 | authorized in Section 605-707 of the Department of Commerce and | ||||||
| 6 | Economic Opportunity Law. "Net
revenue realized for a month" | ||||||
| 7 | means the revenue collected by the State under
that Act during | ||||||
| 8 | the previous month less the amount paid out during that same
| ||||||
| 9 | month as refunds to taxpayers for overpayment of liability | ||||||
| 10 | under that Act.
| ||||||
| 11 | After making all these deposits, all other proceeds of the | ||||||
| 12 | tax imposed under
subsection (a) of Section 3 shall be | ||||||
| 13 | deposited in the Tourism Promotion General Revenue Fund in
the | ||||||
| 14 | State Treasury. All moneys received by the Department from the | ||||||
| 15 | additional
tax imposed under subsection (b) of Section 3 shall | ||||||
| 16 | be deposited into the Build
Illinois Fund in the State | ||||||
| 17 | Treasury.
| ||||||
| 18 | The Department may, upon separate written notice to a | ||||||
| 19 | taxpayer, require
the taxpayer to prepare and file with the | ||||||
| 20 | Department on a form prescribed
by the Department within not | ||||||
| 21 | less than 60 days after receipt of the notice
an annual | ||||||
| 22 | information return for the tax year specified in the notice.
| ||||||
| 23 | Such annual return to the Department shall include a statement | ||||||
| 24 | of gross
receipts as shown by the operator's last State income | ||||||
| 25 | tax return. If the
total receipts of the business as reported | ||||||
| 26 | in the State income tax return
do not agree with the gross | ||||||
| |||||||
| |||||||
| 1 | receipts reported to the Department for the
same period, the | ||||||
| 2 | operator shall attach to his annual information return a
| ||||||
| 3 | schedule showing a reconciliation of the 2 amounts and the | ||||||
| 4 | reasons for the
difference. The operator's annual information | ||||||
| 5 | return to the Department
shall also disclose pay roll | ||||||
| 6 | information of the operator's business during
the year covered | ||||||
| 7 | by such return and any additional reasonable information
which | ||||||
| 8 | the Department deems would be helpful in determining the | ||||||
| 9 | accuracy of
the monthly, quarterly or annual tax returns by | ||||||
| 10 | such operator as
hereinbefore provided for in this Section.
| ||||||
| 11 | If the annual information return required by this Section | ||||||
| 12 | is not filed
when and as required the taxpayer shall be liable | ||||||
| 13 | for a penalty in an
amount determined in accordance with | ||||||
| 14 | Section 3-4 of the Uniform Penalty and
Interest Act until such | ||||||
| 15 | return is filed as required, the penalty to be
assessed and | ||||||
| 16 | collected in the same manner as any other penalty provided
for | ||||||
| 17 | in this Act.
| ||||||
| 18 | The chief executive officer, proprietor, owner or highest | ||||||
| 19 | ranking manager
shall sign the annual return to certify the | ||||||
| 20 | accuracy of the information
contained therein. Any person who | ||||||
| 21 | willfully signs the annual return containing
false or | ||||||
| 22 | inaccurate information shall be guilty of perjury and punished
| ||||||
| 23 | accordingly. The annual return form prescribed by the | ||||||
| 24 | Department shall
include a warning that the person signing the | ||||||
| 25 | return may be liable for perjury.
| ||||||
| 26 | The foregoing portion of this Section concerning the filing | ||||||
| |||||||
| |||||||
| 1 | of an annual
information return shall not apply to an operator | ||||||
| 2 | who is not required to
file an income tax return with the | ||||||
| 3 | United States Government.
| ||||||
| 4 | (Source: P.A. 97-617, eff. 10-26-11.)
| ||||||
| 5 | ARTICLE 99. MISCELLANEOUS PROVISIONS | ||||||
| 6 | Section 99-90. The State Mandates Act is amended by adding | ||||||
| 7 | Section 8.41 as follows:
| ||||||
| 8 | (30 ILCS 805/8.41 new) | ||||||
| 9 | Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| 10 | of this Act, no reimbursement by the State is required for the | ||||||
| 11 | implementation of any mandate created by this amendatory Act of | ||||||
| 12 | the 100th General Assembly.
| ||||||
| 13 | Section 99-95. No acceleration or delay. Where this Act | ||||||
| 14 | makes changes in a statute that is represented in this Act by | ||||||
| 15 | text that is not yet or no longer in effect (for example, a | ||||||
| 16 | Section represented by multiple versions), the use of that text | ||||||
| 17 | does not accelerate or delay the taking effect of (i) the | ||||||
| 18 | changes made by this Act or (ii) provisions derived from any | ||||||
| 19 | other Public Act.
| ||||||
| 20 | Section 99-99. Effective date. This Act takes effect upon | ||||||
| 21 | becoming law.".
| ||||||