Bill Text: IL SB0042 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the State Finance Act. Makes a technical change in a Section concerning special funds.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2017-05-31 - Final Action Deadline Extended-9(b) June 30, 2017 [SB0042 Detail]

Download: Illinois-2017-SB0042-Engrossed.html



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1 AN ACT concerning finance.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
ARTICLE 1. GENERAL PROVISIONS
5 Section 1-1. Short title. This Act may be cited as the
6FY2018 Budget Implementation Act.
7 Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9budget recommendations for Fiscal Year 2018.
10 Section 1-10. Designation of reserves.
11 (a) For the purposes of implementing the budget
12recommendations for fiscal year 2018 and balancing the State's
13budget in State fiscal year 2018 only, the Governor may
14designate, by written notice to the Comptroller, a reserve of
15not more than 5% from the amounts appropriated from funds held
16by the Treasurer for State fiscal year 2018 to any State
17agency. However, the Governor may not designate amounts to be
18set aside as a reserve from amounts that (i) have been
19appropriated for payment of debt service, (ii) have been
20appropriated under a statutory continuing appropriation, (iii)
21are State general funds, (iv) are in the Supplemental

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1Low-Income Energy Assistance Fund, or (v) are funds received
2from federal sources.
3 (b) If the Governor designates amounts to be set aside as a
4reserve, the Governor shall give notice of the designation to
5the Auditor General, the State Treasurer, the State
6Comptroller, the Senate, and the House of Representatives.
7 (c) As used in this Section:
8 "State agency" means all boards, commissions, agencies,
9institutions, authorities, colleges, universities, and bodies
10politic and corporate of the State, but not other
11constitutional officers, the legislative or judicial branch,
12the office of the Executive Inspector General, or the Executive
13Ethics Commission.
14 "State general funds" has the meaning provided in Section
1550-40 of the State Budget Law.
16
ARTICLE 5. AMENDATORY PROVISIONS
17 Section 5-3. The State Budget Law of the Civil
18Administrative Code of Illinois is amended by adding Section
1950-40 as follows:
20 (15 ILCS 20/50-40 new)
21 Sec. 50-40. General funds defined. "General funds" or
22"State general funds" means the General Revenue Fund, the
23Common School Fund, the General Revenue Common School Special

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1Account Fund, the Education Assistance Fund, the Fund for the
2Advancement of Education, the Commitment to Human Services
3Fund, and the Budget Stabilization Fund.
4 Section 5-4. The Mental Health and Developmental
5Disabilities Administrative Act is amended by adding Section 74
6as follows:
7 (20 ILCS 1705/74 new)
8 Sec. 74. Rates and reimbursements. On or before July 1,
92018, the Department shall increase rates and reimbursements to
10fund a minimum of a $0.50 per hour wage increase for front-line
11personnel, including, but not limited to, direct support
12persons, aides, front-line supervisors, qualified intellectual
13disabilities professionals, nurses, and non-administrative
14support staff working in community-based provider
15organizations serving individuals with developmental
16disabilities.
17 Section 5-5. The Military Code of Illinois is amended by
18changing Section 22-3 as follows:
19 (20 ILCS 1805/22-3) (from Ch. 129, par. 220.22-3)
20 Sec. 22-3. All monies received from the sale of Illinois
21National Guard facilities and lands pursuant to authority
22contained in Section 22-2, all monies received from the

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1transfer or exchange of any realty under the control of the
2Department pursuant to authority contained in Section 22-5, and
3all funds received from the Federal government under terms of
4the Federal Master Cooperative Agreement related to
5constructing and maintaining real property between the
6Department of Military Affairs and the United States Property
7and Fiscal Officer for Illinois shall be paid into the State
8Treasury without delay and shall be deposited covered into a
9special fund to be known as the Illinois National Guard
10Construction Fund. The monies in this fund shall be used
11exclusively by the Adjutant General for the purpose of
12acquiring building sites, and constructing new facilities,
13rehabilitating existing facilities, and making other capital
14improvements. The provisions directing the distributions from
15the Illinois National Guard Construction Fund provided for in
16this Section shall constitute an irrevocable and continuing
17appropriation of all amounts as provided herein. The State
18Treasurer and State Comptroller are hereby authorized and
19directed to make distributions as provided in this Section.
20Expenditures from this fund shall be subject to appropriation
21by the General Assembly and written release by the Governor.
22(Source: P.A. 97-764, eff. 7-6-12.)
23 (20 ILCS 1805/22-6 rep.)
24 Section 5-10. The Military Code of Illinois is amended by
25repealing Section 22-6.

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1 Section 5-15. The State Finance Act is amended by changing
2Sections 5.857, 6t, 6z-30, 6z-32, 6z-45, 6z-52, 6z-100, 8.3,
38.25e, 8g, and 8g-1 as follows:
4 (30 ILCS 105/5.857)
5 (Section scheduled to be repealed on July 1, 2017)
6 Sec. 5.857. The Capital Development Board Revolving Fund.
7This Section is repealed July 1, 2018 2017.
8(Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15;
999-523, eff. 6-30-16.)
10 (30 ILCS 105/6t) (from Ch. 127, par. 142t)
11 Sec. 6t. The Capital Development Board Contributory Trust
12Fund is created and there shall be paid into the Capital
13Development Board Contributory Trust Fund the monies
14contributed by and received from Public Community College
15Districts, Elementary, Secondary, and Unit School Districts,
16and Vocational Education Facilities, provided, however, no
17monies shall be required from a participating Public Community
18College District, Elementary, Secondary, or Unit School
19District, or Vocational Education Facility more than 30 days
20prior to anticipated need under the particular contract for the
21Public Community College District, Elementary, Secondary, or
22Unit School District, or Vocational Education Facility. No
23monies in any fund in the State Treasury, nor any funds under

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1the control or beneficial control of any state agency,
2university, college, department, commission, board or any
3other unit of state government shall be deposited, paid into,
4or by any other means caused to be placed into the Capital
5Development Board Contributory Trust Fund, except for federal
6funds, bid bond forfeitures, and insurance proceeds as provided
7for below.
8 Except as provided in Section 22-3 of the Military Code of
9Illinois, there There shall be paid into the Capital
10Development Board Contributory Trust Fund all federal funds to
11be utilized for the construction of capital projects under the
12jurisdiction of the Capital Development Board, and all proceeds
13resulting from such federal funds. All such funds shall be
14remitted to the Capital Development Board within 10 working
15days of their receipt by the receiving authority.
16 There shall also be paid into this Fund all monies
17designated as gifts, donations or charitable contributions
18which may be contributed by an individual or entity, whether
19public or private, for a specific capital improvement project.
20 There shall also be paid into this Fund all proceeds from
21bid bond forfeitures in connection with any project formally
22bid and awarded by the Capital Development Board.
23 There shall also be paid into this Fund all builders risk
24insurance policy proceeds and all other funds recovered from
25contractors, sureties, architects, material suppliers or other
26persons contracting with the Capital Development Board for

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1capital improvement projects which are received by way of
2reimbursement for losses resulting from destruction of or
3damage to capital improvement projects while under
4construction by the Capital Development Board or received by
5way of settlement agreement or court order.
6 The monies in the Capital Development Board Contributory
7Trust Fund shall be expended only for actual contracts let, and
8then only for the specific project for which funds were
9received in accordance with the judgment of the Capital
10Development Board, compatible with the duties and obligations
11of the Capital Development Board in furtherance of the specific
12capital improvement for which such funds were received.
13Contributions, insured-loss reimbursements or other funds
14received as damages through settlement or judgement for damage,
15destruction or loss of capital improvement projects shall be
16expended for the repair of such projects; or if the projects
17have been or are being repaired before receipt of the funds,
18the funds may be used to repair other such capital improvement
19projects. Any funds not expended for a project within 36 months
20after the date received shall be paid into the General
21Obligation Bond Retirement and Interest Fund.
22 Contributions or insured-loss reimbursements not expended
23in furtherance of the project for which they were received
24within 36 months of the date received, shall be returned to the
25contributing party. Proceeds from builders risk insurance
26shall be expended only for the amelioration of damage arising

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1from the incident for which the proceeds were paid to the State
2or the Capital Development Board Contributory Trust Fund. Any
3residual amounts remaining after the completion of such
4repairs, renovation, reconstruction or other work necessary to
5restore the capital improvement project to acceptable
6condition shall be returned to the proper fund or entity
7financing or contributing towards the cost of the capital
8improvement project. Such returns shall be made in amounts
9proportionate to the contributions made in furtherance of the
10project.
11 Any monies received as a gift, donation or charitable
12contribution for a specific capital improvement which have not
13been expended in furtherance of that project shall be returned
14to the contributing party after completion of the project or if
15the legislature fails to authorize the capital improvement.
16 Except as provided in Section 22-3 of the Military Code of
17Illinois, the The unused portion of any federal funds received
18for a capital improvement project which are not contributed,
19upon its completion, towards the cost of the project, shall
20remain in the Capital Development Board Contributory Trust Fund
21and shall be used for capital projects and for no other
22purpose, subject to appropriation and as directed by the
23Capital Development Board.
24(Source: P.A. 97-792, eff. 1-1-13.)
25 (30 ILCS 105/6z-30)

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1 Sec. 6z-30. University of Illinois Hospital Services Fund.
2 (a) The University of Illinois Hospital Services Fund is
3created as a special fund in the State Treasury. The following
4moneys shall be deposited into the Fund:
5 (1) As soon as possible after the beginning of fiscal
6 year 2010, and in no event later than July 30, the State
7 Comptroller and the State Treasurer shall automatically
8 transfer $30,000,000 from the General Revenue Fund to the
9 University of Illinois Hospital Services Fund.
10 (1.5) Starting in fiscal year 2011, and continuing
11 through fiscal year 2017, as soon as possible after the
12 beginning of each fiscal year, and in no event later than
13 July 30, the State Comptroller and the State Treasurer
14 shall automatically transfer $45,000,000 from the General
15 Revenue Fund to the University of Illinois Hospital
16 Services Fund; except that, in fiscal year 2012 only, the
17 State Comptroller and the State Treasurer shall transfer
18 $90,000,000 from the General Revenue Fund to the University
19 of Illinois Hospital Services Fund under this paragraph,
20 and, in fiscal year 2013 only, the State Comptroller and
21 the State Treasurer shall transfer no amounts from the
22 General Revenue Fund to the University of Illinois Hospital
23 Services Fund under this paragraph.
24 (1.7) Starting in fiscal year 2018, at the direction of
25 and upon notification from the Director of Healthcare and
26 Family Services, the State Comptroller shall direct and the

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1 State Treasurer shall transfer an amount of at least
2 $20,000,000 but not exceeding a total of $45,000,000 from
3 the General Revenue Fund to the University of Illinois
4 Hospital Services Fund in each fiscal year.
5 (2) All intergovernmental transfer payments to the
6 Department of Healthcare and Family Services by the
7 University of Illinois made pursuant to an
8 intergovernmental agreement under subsection (b) or (c) of
9 Section 5A-3 of the Illinois Public Aid Code.
10 (3) All federal matching funds received by the
11 Department of Healthcare and Family Services (formerly
12 Illinois Department of Public Aid) as a result of
13 expenditures made by the Department that are attributable
14 to moneys that were deposited in the Fund.
15 (4) All other moneys received for the Fund from any
16 other source, including interest earned thereon.
17 (b) Moneys in the fund may be used by the Department of
18Healthcare and Family Services, subject to appropriation and to
19an interagency agreement between that Department and the Board
20of Trustees of the University of Illinois, to reimburse the
21University of Illinois Hospital for hospital and pharmacy
22services, to reimburse practitioners who are employed by the
23University of Illinois, to reimburse other health care
24facilities and health plans operated by the University of
25Illinois, and to pass through to the University of Illinois
26federal financial participation earned by the State as a result

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1of expenditures made by the University of Illinois.
2 (c) (Blank).
3(Source: P.A. 97-732, eff. 6-30-12; 98-651, eff. 6-16-14.)
4 (30 ILCS 105/6z-32)
5 Sec. 6z-32. Partners for Planning and Conservation.
6 (a) The Partners for Conservation Fund (formerly known as
7the Conservation 2000 Fund) and the Partners for Conservation
8Projects Fund (formerly known as the Conservation 2000 Projects
9Fund) are created as special funds in the State Treasury. These
10funds shall be used to establish a comprehensive program to
11protect Illinois' natural resources through cooperative
12partnerships between State government and public and private
13landowners. Moneys in these Funds may be used, subject to
14appropriation, by the Department of Natural Resources,
15Environmental Protection Agency, and the Department of
16Agriculture for purposes relating to natural resource
17protection, planning, recreation, tourism, and compatible
18agricultural and economic development activities. Without
19limiting these general purposes, moneys in these Funds may be
20used, subject to appropriation, for the following specific
21purposes:
22 (1) To foster sustainable agriculture practices and
23 control soil erosion and sedimentation, including grants
24 to Soil and Water Conservation Districts for conservation
25 practice cost-share grants and for personnel, educational,

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1 and administrative expenses.
2 (2) To establish and protect a system of ecosystems in
3 public and private ownership through conservation
4 easements, incentives to public and private landowners,
5 natural resource restoration and preservation, water
6 quality protection and improvement, land use and watershed
7 planning, technical assistance and grants, and land
8 acquisition provided these mechanisms are all voluntary on
9 the part of the landowner and do not involve the use of
10 eminent domain.
11 (3) To develop a systematic and long-term program to
12 effectively measure and monitor natural resources and
13 ecological conditions through investments in technology
14 and involvement of scientific experts.
15 (4) To initiate strategies to enhance, use, and
16 maintain Illinois' inland lakes through education,
17 technical assistance, research, and financial incentives.
18 (5) To partner with private landowners and with units
19 of State, federal, and local government and with
20 not-for-profit organizations in order to integrate State
21 and federal programs with Illinois' natural resource
22 protection and restoration efforts and to meet
23 requirements to obtain federal and other funds for
24 conservation or protection of natural resources.
25 (b) The State Comptroller and State Treasurer shall
26automatically transfer on the last day of each month, beginning

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1on September 30, 1995 and ending on June 30, 2021, from the
2General Revenue Fund to the Partners for Conservation Fund, an
3amount equal to 1/10 of the amount set forth below in fiscal
4year 1996 and an amount equal to 1/12 of the amount set forth
5below in each of the other specified fiscal years:
6Fiscal Year Amount
71996$ 3,500,000
81997$ 9,000,000
91998$10,000,000
101999$11,000,000
112000$12,500,000
122001 through 2004$14,000,000
132005 $7,000,000
142006 $11,000,000
152007 $0
162008 through 2011........................ $14,000,000
172012 $12,200,000
182013 through 2017 2021.................... $14,000,000
192018 $1,500,000
202019 through 2021 $14,000,000
21 (c) Notwithstanding any other provision of law to the
22contrary and in addition to any other transfers that may be
23provided for by law, on the last day of each month beginning on
24July 31, 2006 and ending on June 30, 2007, or as soon
25thereafter as may be practical, the State Comptroller shall
26direct and the State Treasurer shall transfer $1,000,000 from

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1the Open Space Lands Acquisition and Development Fund to the
2Partners for Conservation Fund (formerly known as the
3Conservation 2000 Fund).
4 (d) There shall be deposited into the Partners for
5Conservation Projects Fund such bond proceeds and other moneys
6as may, from time to time, be provided by law.
7(Source: P.A. 97-641, eff. 12-19-11.)
8 (30 ILCS 105/6z-45)
9 Sec. 6z-45. The School Infrastructure Fund.
10 (a) The School Infrastructure Fund is created as a special
11fund in the State Treasury.
12 In addition to any other deposits authorized by law,
13beginning January 1, 2000, on the first day of each month, or
14as soon thereafter as may be practical, the State Treasurer and
15State Comptroller shall transfer the sum of $5,000,000 from the
16General Revenue Fund to the School Infrastructure Fund, except
17that, notwithstanding any other provision of law, and in
18addition to any other transfers that may be provided for by
19law, before June 30, 2012, the Comptroller and the Treasurer
20shall transfer $45,000,000 from the General Revenue Fund into
21the School Infrastructure Fund, and, for fiscal year 2013 only,
22the Treasurer and the Comptroller shall transfer $1,250,000
23from the General Revenue Fund to the School Infrastructure Fund
24on the first day of each month; provided, however, that no such
25transfers shall be made from July 1, 2001 through June 30,

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12003.
2 (a-5) Money in the School Infrastructure Fund may be used
3to pay the expenses of the State Board of Education, the
4Governor's Office of Management and Budget, and the Capital
5Development Board in administering programs under the School
6Construction Law, the total expenses not to exceed $1,315,000
7in any fiscal year.
8 (b) Subject to the transfer provisions set forth below,
9money in the School Infrastructure Fund shall, if and when the
10State of Illinois incurs any bonded indebtedness for the
11construction of school improvements under subsection (e) of
12Section 5 of the General Obligation Bond Act the School
13Construction Law, be set aside and used for the purpose of
14paying and discharging annually the principal and interest on
15that bonded indebtedness then due and payable, and for no other
16purpose.
17 In addition to other transfers to the General Obligation
18Bond Retirement and Interest Fund made pursuant to Section 15
19of the General Obligation Bond Act, upon each delivery of bonds
20issued for construction of school improvements under the School
21Construction Law, the State Comptroller shall compute and
22certify to the State Treasurer the total amount of principal
23of, interest on, and premium, if any, on such bonds during the
24then current and each succeeding fiscal year. With respect to
25the interest payable on variable rate bonds, such
26certifications shall be calculated at the maximum rate of

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1interest that may be payable during the fiscal year, after
2taking into account any credits permitted in the related
3indenture or other instrument against the amount of such
4interest required to be appropriated for that period.
5 On or before the last day of each month, the State
6Treasurer and State Comptroller shall transfer from the School
7Infrastructure Fund to the General Obligation Bond Retirement
8and Interest Fund an amount sufficient to pay the aggregate of
9the principal of, interest on, and premium, if any, on the
10bonds payable on their next payment date, divided by the number
11of monthly transfers occurring between the last previous
12payment date (or the delivery date if no payment date has yet
13occurred) and the next succeeding payment date. Interest
14payable on variable rate bonds shall be calculated at the
15maximum rate of interest that may be payable for the relevant
16period, after taking into account any credits permitted in the
17related indenture or other instrument against the amount of
18such interest required to be appropriated for that period.
19Interest for which moneys have already been deposited into the
20capitalized interest account within the General Obligation
21Bond Retirement and Interest Fund shall not be included in the
22calculation of the amounts to be transferred under this
23subsection. Beginning July 1, 2017 through June 30, 2020, no
24transfers shall be required under this subsection (b) from the
25School Infrastructure Fund to the General Obligation Bond
26Retirement and Interest Fund.

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1 (b-5) The money deposited into the School Infrastructure
2Fund from transfers pursuant to subsections (c-30) and (c-35)
3of Section 13 of the Riverboat Gambling Act shall be applied,
4without further direction, as provided in subsection (b-3) of
5Section 5-35 of the School Construction Law.
6 (c) The surplus, if any, in the School Infrastructure Fund
7after payments made pursuant to subsections (a-5), (b), and
8(b-5) of this Section shall, subject to appropriation, be used
9as follows:
10 First - to make 3 payments to the School Technology
11Revolving Loan Fund as follows:
12 Transfer of $30,000,000 in fiscal year 1999;
13 Transfer of $20,000,000 in fiscal year 2000; and
14 Transfer of $10,000,000 in fiscal year 2001.
15 Second - to pay the expenses of the State Board of
16Education and the Capital Development Board in administering
17programs under the School Construction Law, the total expenses
18not to exceed $1,200,000 in any fiscal year.
19 Second Third - to pay any amounts due for grants for school
20construction projects and debt service under the School
21Construction Law.
22 Third Fourth - to pay any amounts due for grants for school
23maintenance projects under the School Construction Law.
24(Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
25 (30 ILCS 105/6z-52)

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1 Sec. 6z-52. Drug Rebate Fund.
2 (a) There is created in the State Treasury a special fund
3to be known as the Drug Rebate Fund.
4 (b) The Fund is created for the purpose of receiving and
5disbursing moneys in accordance with this Section.
6Disbursements from the Fund shall be made, subject to
7appropriation, only as follows:
8 (1) For payments for reimbursement or coverage for
9 prescription drugs and other pharmacy products provided to
10 a recipient of medical assistance under the Illinois Public
11 Aid Code, the Children's Health Insurance Program Act, the
12 Covering ALL KIDS Health Insurance Act, and the Veterans'
13 Health Insurance Program Act of 2008.
14 (1.5) For payments to managed care organizations as
15 defined in Section 5-30.1 of the Illinois Public Aid Code.
16 (2) For reimbursement of moneys collected by the
17 Department of Healthcare and Family Services (formerly
18 Illinois Department of Public Aid) through error or
19 mistake.
20 (3) For payments of any amounts that are reimbursable
21 to the federal government resulting from a payment into
22 this Fund.
23 (4) For payments of operational and administrative
24 expenses related to providing and managing coverage for
25 prescription drugs and other pharmacy products provided to
26 a recipient of medical assistance under the Illinois Public

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1 Aid Code, the Children's Health Insurance Program Act, the
2 Covering ALL KIDS Health Insurance Act, and the Veterans'
3 Health Insurance Program Act of 2008, and the Senior
4 Citizens and Disabled Persons Property Tax Relief and
5 Pharmaceutical Assistance Act.
6 (c) The Fund shall consist of the following:
7 (1) Upon notification from the Director of Healthcare
8 and Family Services, the Comptroller shall direct and the
9 Treasurer shall transfer the net State share (disregarding
10 the reduction in net State share attributable to the
11 American Recovery and Reinvestment Act of 2009 or any other
12 federal economic stimulus program) of all moneys received
13 by the Department of Healthcare and Family Services
14 (formerly Illinois Department of Public Aid) from drug
15 rebate agreements with pharmaceutical manufacturers
16 pursuant to Title XIX of the federal Social Security Act,
17 including any portion of the balance in the Public Aid
18 Recoveries Trust Fund on July 1, 2001 that is attributable
19 to such receipts.
20 (2) All federal matching funds received by the Illinois
21 Department as a result of expenditures made by the
22 Department that are attributable to moneys deposited in the
23 Fund.
24 (3) Any premium collected by the Illinois Department
25 from participants under a waiver approved by the federal
26 government relating to provision of pharmaceutical

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1 services.
2 (4) All other moneys received for the Fund from any
3 other source, including interest earned thereon.
4(Source: P.A. 96-8, eff. 4-28-09; 96-1100, eff. 1-1-11; 97-689,
5eff. 7-1-12.)
6 (30 ILCS 105/6z-100)
7 (Section scheduled to be repealed on July 1, 2017)
8 Sec. 6z-100. Capital Development Board Revolving Fund;
9payments into and use. All monies received by the Capital
10Development Board for publications or copies issued by the
11Board, and all monies received for contract administration
12fees, charges, or reimbursements owing to the Board shall be
13deposited into a special fund known as the Capital Development
14Board Revolving Fund, which is hereby created in the State
15treasury. The monies in this Fund shall be used by the Capital
16Development Board, as appropriated, for expenditures for
17personal services, retirement, social security, contractual
18services, legal services, travel, commodities, printing,
19equipment, electronic data processing, or telecommunications.
20Unexpended moneys in the Fund shall not be transferred or
21allocated by the Comptroller or Treasurer to any other fund,
22nor shall the Governor authorize the transfer or allocation of
23those moneys to any other fund. This Section is repealed July
241, 2018 2017.
25(Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)

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1 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
2 Sec. 8.3. Money in the Road Fund shall, if and when the
3State of Illinois incurs any bonded indebtedness for the
4construction of permanent highways, be set aside and used for
5the purpose of paying and discharging annually the principal
6and interest on that bonded indebtedness then due and payable,
7and for no other purpose. The surplus, if any, in the Road Fund
8after the payment of principal and interest on that bonded
9indebtedness then annually due shall be used as follows:
10 first -- to pay the cost of administration of Chapters
11 2 through 10 of the Illinois Vehicle Code, except the cost
12 of administration of Articles I and II of Chapter 3 of that
13 Code; and
14 secondly -- for expenses of the Department of
15 Transportation for construction, reconstruction,
16 improvement, repair, maintenance, operation, and
17 administration of highways in accordance with the
18 provisions of laws relating thereto, or for any purpose
19 related or incident to and connected therewith, including
20 the separation of grades of those highways with railroads
21 and with highways and including the payment of awards made
22 by the Illinois Workers' Compensation Commission under the
23 terms of the Workers' Compensation Act or Workers'
24 Occupational Diseases Act for injury or death of an
25 employee of the Division of Highways in the Department of

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

SB0042 Engrossed- 23 -LRB100 04925 MLM 14935 b
1 year 2014 only, for the purposes of a grant not to exceed
2 $3,825,000 to the Regional Transportation Authority on
3 behalf of PACE for the purpose of ADA/Para-transit
4 expenses; or, during fiscal year 2015 only, for the
5 purposes of a grant not to exceed $3,825,000 to the
6 Regional Transportation Authority on behalf of PACE for the
7 purpose of ADA/Para-transit expenses; or, during fiscal
8 year 2016 only, for the purposes of a grant not to exceed
9 $3,825,000 to the Regional Transportation Authority on
10 behalf of PACE for the purpose of ADA/Para-transit
11 expenses; or, during fiscal year 2017 only, for the
12 purposes of a grant not to exceed $3,825,000 to the
13 Regional Transportation Authority on behalf of PACE for the
14 purpose of ADA/Para-transit expenses; or for any of those
15 purposes or any other purpose that may be provided by law.
16 Appropriations for any of those purposes are payable from
17the Road Fund. Appropriations may also be made from the Road
18Fund for the administrative expenses of any State agency that
19are related to motor vehicles or arise from the use of motor
20vehicles.
21 Beginning with fiscal year 1980 and thereafter, no Road
22Fund monies shall be appropriated to the following Departments
23or agencies of State government for administration, grants, or
24operations; but this limitation is not a restriction upon
25appropriating for those purposes any Road Fund monies that are
26eligible for federal reimbursement;

SB0042 Engrossed- 24 -LRB100 04925 MLM 14935 b
1 1. Department of Public Health;
2 2. Department of Transportation, only with respect to
3 subsidies for one-half fare Student Transportation and
4 Reduced Fare for Elderly, except during fiscal year 2012
5 only when no more than $40,000,000 may be expended and
6 except during fiscal year 2013 only when no more than
7 $17,570,300 may be expended and except during fiscal year
8 2014 only when no more than $17,570,000 may be expended and
9 except during fiscal year 2015 only when no more than
10 $17,570,000 may be expended and except during fiscal year
11 2016 only when no more than $17,570,000 may be expended and
12 except during fiscal year 2017 only when no more than
13 $17,570,000 may be expended;
14 3. Department of Central Management Services, except
15 for expenditures incurred for group insurance premiums of
16 appropriate personnel;
17 4. Judicial Systems and Agencies.
18 Beginning with fiscal year 1981 and thereafter, no Road
19Fund monies shall be appropriated to the following Departments
20or agencies of State government for administration, grants, or
21operations; but this limitation is not a restriction upon
22appropriating for those purposes any Road Fund monies that are
23eligible for federal reimbursement:
24 1. Department of State Police, except for expenditures
25 with respect to the Division of Operations;
26 2. Department of Transportation, only with respect to

SB0042 Engrossed- 25 -LRB100 04925 MLM 14935 b
1 Intercity Rail Subsidies, except during fiscal year 2012
2 only when no more than $40,000,000 may be expended and
3 except during fiscal year 2013 only when no more than
4 $26,000,000 may be expended and except during fiscal year
5 2014 only when no more than $38,000,000 may be expended and
6 except during fiscal year 2015 only when no more than
7 $42,000,000 may be expended and except during fiscal year
8 2016 only when no more than $38,300,000 may be expended and
9 except during fiscal year 2017 only when no more than
10 $50,000,000 may be expended and except during fiscal year
11 2018 only when no more than $52,000,000 may be expended,
12 and Rail Freight Services.
13 Beginning with fiscal year 1982 and thereafter, no Road
14Fund monies shall be appropriated to the following Departments
15or agencies of State government for administration, grants, or
16operations; but this limitation is not a restriction upon
17appropriating for those purposes any Road Fund monies that are
18eligible for federal reimbursement: Department of Central
19Management Services, except for awards made by the Illinois
20Workers' Compensation Commission under the terms of the
21Workers' Compensation Act or Workers' Occupational Diseases
22Act for injury or death of an employee of the Division of
23Highways in the Department of Transportation.
24 Beginning with fiscal year 1984 and thereafter, no Road
25Fund monies shall be appropriated to the following Departments
26or agencies of State government for administration, grants, or

SB0042 Engrossed- 26 -LRB100 04925 MLM 14935 b
1operations; but this limitation is not a restriction upon
2appropriating for those purposes any Road Fund monies that are
3eligible for federal reimbursement:
4 1. Department of State Police, except not more than 40%
5 of the funds appropriated for the Division of Operations;
6 2. State Officers.
7 Beginning with fiscal year 1984 and thereafter, no Road
8Fund monies shall be appropriated to any Department or agency
9of State government for administration, grants, or operations
10except as provided hereafter; but this limitation is not a
11restriction upon appropriating for those purposes any Road Fund
12monies that are eligible for federal reimbursement. It shall
13not be lawful to circumvent the above appropriation limitations
14by governmental reorganization or other methods.
15Appropriations shall be made from the Road Fund only in
16accordance with the provisions of this Section.
17 Money in the Road Fund shall, if and when the State of
18Illinois incurs any bonded indebtedness for the construction of
19permanent highways, be set aside and used for the purpose of
20paying and discharging during each fiscal year the principal
21and interest on that bonded indebtedness as it becomes due and
22payable as provided in the Transportation Bond Act, and for no
23other purpose. The surplus, if any, in the Road Fund after the
24payment of principal and interest on that bonded indebtedness
25then annually due shall be used as follows:
26 first -- to pay the cost of administration of Chapters

SB0042 Engrossed- 27 -LRB100 04925 MLM 14935 b
1 2 through 10 of the Illinois Vehicle Code; and
2 secondly -- no Road Fund monies derived from fees,
3 excises, or license taxes relating to registration,
4 operation and use of vehicles on public highways or to
5 fuels used for the propulsion of those vehicles, shall be
6 appropriated or expended other than for costs of
7 administering the laws imposing those fees, excises, and
8 license taxes, statutory refunds and adjustments allowed
9 thereunder, administrative costs of the Department of
10 Transportation, including, but not limited to, the
11 operating expenses of the Department relating to the
12 administration of public transportation programs, payment
13 of debts and liabilities incurred in construction and
14 reconstruction of public highways and bridges, acquisition
15 of rights-of-way for and the cost of construction,
16 reconstruction, maintenance, repair, and operation of
17 public highways and bridges under the direction and
18 supervision of the State, political subdivision, or
19 municipality collecting those monies, or during fiscal
20 year 2012 only for the purposes of a grant not to exceed
21 $8,500,000 to the Regional Transportation Authority on
22 behalf of PACE for the purpose of ADA/Para-transit
23 expenses, or during fiscal year 2013 only for the purposes
24 of a grant not to exceed $3,825,000 to the Regional
25 Transportation Authority on behalf of PACE for the purpose
26 of ADA/Para-transit expenses, or during fiscal year 2014

SB0042 Engrossed- 28 -LRB100 04925 MLM 14935 b
1 only for the purposes of a grant not to exceed $3,825,000
2 to the Regional Transportation Authority on behalf of PACE
3 for the purpose of ADA/Para-transit expenses, or during
4 fiscal year 2015 only for the purposes of a grant not to
5 exceed $3,825,000 to the Regional Transportation Authority
6 on behalf of PACE for the purpose of ADA/Para-transit
7 expenses, or during fiscal year 2016 only for the purposes
8 of a grant not to exceed $3,825,000 to the Regional
9 Transportation Authority on behalf of PACE for the purpose
10 of ADA/Para-transit expenses, or during fiscal year 2017
11 only for the purposes of a grant not to exceed $3,825,000
12 to the Regional Transportation Authority on behalf of PACE
13 for the purpose of ADA/Para-transit expenses, and the costs
14 for patrolling and policing the public highways (by State,
15 political subdivision, or municipality collecting that
16 money) for enforcement of traffic laws. The separation of
17 grades of such highways with railroads and costs associated
18 with protection of at-grade highway and railroad crossing
19 shall also be permissible.
20 Appropriations for any of such purposes are payable from
21the Road Fund or the Grade Crossing Protection Fund as provided
22in Section 8 of the Motor Fuel Tax Law.
23 Except as provided in this paragraph, beginning with fiscal
24year 1991 and thereafter, no Road Fund monies shall be
25appropriated to the Department of State Police for the purposes
26of this Section in excess of its total fiscal year 1990 Road

SB0042 Engrossed- 29 -LRB100 04925 MLM 14935 b
1Fund appropriations for those purposes unless otherwise
2provided in Section 5g of this Act. For fiscal years 2003,
32004, 2005, 2006, and 2007 only, no Road Fund monies shall be
4appropriated to the Department of State Police for the purposes
5of this Section in excess of $97,310,000. For fiscal year 2008
6only, no Road Fund monies shall be appropriated to the
7Department of State Police for the purposes of this Section in
8excess of $106,100,000. For fiscal year 2009 only, no Road Fund
9monies shall be appropriated to the Department of State Police
10for the purposes of this Section in excess of $114,700,000.
11Beginning in fiscal year 2010, no road fund moneys shall be
12appropriated to the Department of State Police. It shall not be
13lawful to circumvent this limitation on appropriations by
14governmental reorganization or other methods unless otherwise
15provided in Section 5g of this Act.
16 In fiscal year 1994, no Road Fund monies shall be
17appropriated to the Secretary of State for the purposes of this
18Section in excess of the total fiscal year 1991 Road Fund
19appropriations to the Secretary of State for those purposes,
20plus $9,800,000. It shall not be lawful to circumvent this
21limitation on appropriations by governmental reorganization or
22other method.
23 Beginning with fiscal year 1995 and thereafter, no Road
24Fund monies shall be appropriated to the Secretary of State for
25the purposes of this Section in excess of the total fiscal year
261994 Road Fund appropriations to the Secretary of State for

SB0042 Engrossed- 30 -LRB100 04925 MLM 14935 b
1those purposes. It shall not be lawful to circumvent this
2limitation on appropriations by governmental reorganization or
3other methods.
4 Beginning with fiscal year 2000, total Road Fund
5appropriations to the Secretary of State for the purposes of
6this Section shall not exceed the amounts specified for the
7following fiscal years:
8 Fiscal Year 2000$80,500,000;
9 Fiscal Year 2001$80,500,000;
10 Fiscal Year 2002$80,500,000;
11 Fiscal Year 2003$130,500,000;
12 Fiscal Year 2004$130,500,000;
13 Fiscal Year 2005$130,500,000;
14 Fiscal Year 2006 $130,500,000;
15 Fiscal Year 2007 $130,500,000;
16 Fiscal Year 2008$130,500,000;
17 Fiscal Year 2009 $130,500,000.
18 For fiscal year 2010, no road fund moneys shall be
19appropriated to the Secretary of State.
20 Beginning in fiscal year 2011, moneys in the Road Fund
21shall be appropriated to the Secretary of State for the
22exclusive purpose of paying refunds due to overpayment of fees
23related to Chapter 3 of the Illinois Vehicle Code unless
24otherwise provided for by law.
25 It shall not be lawful to circumvent this limitation on
26appropriations by governmental reorganization or other

SB0042 Engrossed- 31 -LRB100 04925 MLM 14935 b
1methods.
2 No new program may be initiated in fiscal year 1991 and
3thereafter that is not consistent with the limitations imposed
4by this Section for fiscal year 1984 and thereafter, insofar as
5appropriation of Road Fund monies is concerned.
6 Nothing in this Section prohibits transfers from the Road
7Fund to the State Construction Account Fund under Section 5e of
8this Act; nor to the General Revenue Fund, as authorized by
9this amendatory Act of the 93rd General Assembly.
10 The additional amounts authorized for expenditure in this
11Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
12shall be repaid to the Road Fund from the General Revenue Fund
13in the next succeeding fiscal year that the General Revenue
14Fund has a positive budgetary balance, as determined by
15generally accepted accounting principles applicable to
16government.
17 The additional amounts authorized for expenditure by the
18Secretary of State and the Department of State Police in this
19Section by this amendatory Act of the 94th General Assembly
20shall be repaid to the Road Fund from the General Revenue Fund
21in the next succeeding fiscal year that the General Revenue
22Fund has a positive budgetary balance, as determined by
23generally accepted accounting principles applicable to
24government.
25(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
2699-523, eff. 6-30-16.)

SB0042 Engrossed- 32 -LRB100 04925 MLM 14935 b
1 (30 ILCS 105/8.25e) (from Ch. 127, par. 144.25e)
2 Sec. 8.25e. (a) The State Comptroller and the State
3Treasurer shall automatically transfer on the first day of each
4month, beginning on February 1, 1988, from the General Revenue
5Fund to each of the funds then supplemented by the pari-mutuel
6tax pursuant to Section 28 of the Illinois Horse Racing Act of
71975, an amount equal to (i) the amount of pari-mutuel tax
8deposited into such fund during the month in fiscal year 1986
9which corresponds to the month preceding such transfer, minus
10(ii) the amount of pari-mutuel tax (or the replacement transfer
11authorized by subsection (d) of Section 8g Section 8g(d) of
12this Act and subsection (d) of Section 28.1 Section 28.1(d) of
13the Illinois Horse Racing Act of 1975) deposited into such fund
14during the month preceding such transfer; provided, however,
15that no transfer shall be made to a fund if such amount for
16that fund is equal to or less than zero and provided that no
17transfer shall be made to a fund in any fiscal year after the
18amount deposited into such fund exceeds the amount of
19pari-mutuel tax deposited into such fund during fiscal year
201986.
21 (b) The State Comptroller and the State Treasurer shall
22automatically transfer on the last day of each month, beginning
23on October 1, 1989 and ending on June 30, 2017, from the
24General Revenue Fund to the Metropolitan Exposition,
25Auditorium and Office Building Fund, the amount of $2,750,000

SB0042 Engrossed- 33 -LRB100 04925 MLM 14935 b
1plus any cumulative deficiencies in such transfers for prior
2months, until the sum of $16,500,000 has been transferred for
3the fiscal year beginning July 1, 1989 and until the sum of
4$22,000,000 has been transferred for each fiscal year
5thereafter.
6 (b-5) The State Comptroller and the State Treasurer shall
7automatically transfer on the last day of each month, beginning
8on July 1, 2017, from the General Revenue Fund to the
9Metropolitan Exposition, Auditorium and Office Building Fund,
10the amount of $1,500,000 plus any cumulative deficiencies in
11such transfers for prior months, until the sum of $12,000,000
12has been transferred for each fiscal year thereafter.
13 (c) After the transfer of funds from the Metropolitan
14Exposition, Auditorium and Office Building Fund to the Bond
15Retirement Fund pursuant to subsection (b) of Section 15
16Section 15(b) of the Metropolitan Civic Center Support Act, the
17State Comptroller and the State Treasurer shall automatically
18transfer on the last day of each month, beginning on October 1,
191989 and ending on June 30, 2017, from the Metropolitan
20Exposition, Auditorium and Office Building Fund to the Park and
21Conservation Fund the amount of $1,250,000 plus any cumulative
22deficiencies in such transfers for prior months, until the sum
23of $7,500,000 has been transferred for the fiscal year
24beginning July 1, 1989 and until the sum of $10,000,000 has
25been transferred for each fiscal year thereafter.
26(Source: P.A. 91-25, eff. 6-9-99.)

SB0042 Engrossed- 34 -LRB100 04925 MLM 14935 b
1 (30 ILCS 105/8g)
2 Sec. 8g. Fund transfers.
3 (a) In addition to any other transfers that may be provided
4for by law, as soon as may be practical after the effective
5date of this amendatory Act of the 91st General Assembly, the
6State Comptroller shall direct and the State Treasurer shall
7transfer the sum of $10,000,000 from the General Revenue Fund
8to the Motor Vehicle License Plate Fund created by Senate Bill
91028 of the 91st General Assembly.
10 (b) In addition to any other transfers that may be provided
11for by law, as soon as may be practical after the effective
12date of this amendatory Act of the 91st General Assembly, the
13State Comptroller shall direct and the State Treasurer shall
14transfer the sum of $25,000,000 from the General Revenue Fund
15to the Fund for Illinois' Future created by Senate Bill 1066 of
16the 91st General Assembly.
17 (c) In addition to any other transfers that may be provided
18for by law, on August 30 of each fiscal year's license period,
19the Illinois Liquor Control Commission shall direct and the
20State Comptroller and State Treasurer shall transfer from the
21General Revenue Fund to the Youth Alcoholism and Substance
22Abuse Prevention Fund an amount equal to the number of retail
23liquor licenses issued for that fiscal year multiplied by $50.
24 (d) The payments to programs required under subsection (d)
25of Section 28.1 of the Illinois Horse Racing Act of 1975 shall

SB0042 Engrossed- 35 -LRB100 04925 MLM 14935 b
1be made, pursuant to appropriation, from the special funds
2referred to in the statutes cited in that subsection, rather
3than directly from the General Revenue Fund.
4 Beginning January 1, 2000, on the first day of each month,
5or as soon as may be practical thereafter, the State
6Comptroller shall direct and the State Treasurer shall transfer
7from the General Revenue Fund to each of the special funds from
8which payments are to be made under subsection (d) of Section
928.1 of the Illinois Horse Racing Act of 1975 an amount equal
10to 1/12 of the annual amount required for those payments from
11that special fund, which annual amount shall not exceed the
12annual amount for those payments from that special fund for the
13calendar year 1998. The special funds to which transfers shall
14be made under this subsection (d) include, but are not
15necessarily limited to, the Agricultural Premium Fund; the
16Metropolitan Exposition, Auditorium and Office Building Fund;
17the Fair and Exposition Fund; the Illinois Standardbred
18Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the
19Illinois Veterans' Rehabilitation Fund. Except that, during
20State fiscal year 2018 only, the State Comptroller shall direct
21and the State Treasurer shall transfer amounts from the General
22Revenue Fund to the designated funds not exceeding the
23following amounts:
24 Agricultural Premium Fund.....................$0
25 Fair and Exposition Fund......................0
26 Illinois Standardbred Breeders Fund...........0

SB0042 Engrossed- 36 -LRB100 04925 MLM 14935 b
1 Illinois Thoroughbred Breeders Fund...........0
2 (e) In addition to any other transfers that may be provided
3for by law, as soon as may be practical after the effective
4date of this amendatory Act of the 91st General Assembly, but
5in no event later than June 30, 2000, the State Comptroller
6shall direct and the State Treasurer shall transfer the sum of
7$15,000,000 from the General Revenue Fund to the Fund for
8Illinois' Future.
9 (f) In addition to any other transfers that may be provided
10for by law, as soon as may be practical after the effective
11date of this amendatory Act of the 91st General Assembly, but
12in no event later than June 30, 2000, the State Comptroller
13shall direct and the State Treasurer shall transfer the sum of
14$70,000,000 from the General Revenue Fund to the Long-Term Care
15Provider Fund.
16 (f-1) In fiscal year 2002, in addition to any other
17transfers that may be provided for by law, at the direction of
18and upon notification from the Governor, the State Comptroller
19shall direct and the State Treasurer shall transfer amounts not
20exceeding a total of $160,000,000 from the General Revenue Fund
21to the Long-Term Care Provider Fund.
22 (g) In addition to any other transfers that may be provided
23for by law, on July 1, 2001, or as soon thereafter as may be
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $1,200,000 from the General
26Revenue Fund to the Violence Prevention Fund.

SB0042 Engrossed- 37 -LRB100 04925 MLM 14935 b
1 (h) In each of fiscal years 2002 through 2004, but not
2thereafter, in addition to any other transfers that may be
3provided for by law, the State Comptroller shall direct and the
4State Treasurer shall transfer $5,000,000 from the General
5Revenue Fund to the Tourism Promotion Fund.
6 (i) On or after July 1, 2001 and until May 1, 2002, in
7addition to any other transfers that may be provided for by
8law, at the direction of and upon notification from the
9Governor, the State Comptroller shall direct and the State
10Treasurer shall transfer amounts not exceeding a total of
11$80,000,000 from the General Revenue Fund to the Tobacco
12Settlement Recovery Fund. Any amounts so transferred shall be
13re-transferred by the State Comptroller and the State Treasurer
14from the Tobacco Settlement Recovery Fund to the General
15Revenue Fund at the direction of and upon notification from the
16Governor, but in any event on or before June 30, 2002.
17 (i-1) On or after July 1, 2002 and until May 1, 2003, in
18addition to any other transfers that may be provided for by
19law, at the direction of and upon notification from the
20Governor, the State Comptroller shall direct and the State
21Treasurer shall transfer amounts not exceeding a total of
22$80,000,000 from the General Revenue Fund to the Tobacco
23Settlement Recovery Fund. Any amounts so transferred shall be
24re-transferred by the State Comptroller and the State Treasurer
25from the Tobacco Settlement Recovery Fund to the General
26Revenue Fund at the direction of and upon notification from the

SB0042 Engrossed- 38 -LRB100 04925 MLM 14935 b
1Governor, but in any event on or before June 30, 2003.
2 (j) On or after July 1, 2001 and no later than June 30,
32002, in addition to any other transfers that may be provided
4for by law, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts not to exceed the following
7sums into the Statistical Services Revolving Fund:
8 From the General Revenue Fund.................$8,450,000
9 From the Public Utility Fund..................1,700,000
10 From the Transportation Regulatory Fund.......2,650,000
11 From the Title III Social Security and
12 Employment Fund..............................3,700,000
13 From the Professions Indirect Cost Fund.......4,050,000
14 From the Underground Storage Tank Fund........550,000
15 From the Agricultural Premium Fund............750,000
16 From the State Pensions Fund..................200,000
17 From the Road Fund............................2,000,000
18 From the Health Facilities
19 Planning Fund................................1,000,000
20 From the Savings and Residential Finance
21 Regulatory Fund..............................130,800
22 From the Appraisal Administration Fund........28,600
23 From the Pawnbroker Regulation Fund...........3,600
24 From the Auction Regulation
25 Administration Fund..........................35,800
26 From the Bank and Trust Company Fund..........634,800

SB0042 Engrossed- 39 -LRB100 04925 MLM 14935 b
1 From the Real Estate License
2 Administration Fund..........................313,600
3 (k) In addition to any other transfers that may be provided
4for by law, as soon as may be practical after the effective
5date of this amendatory Act of the 92nd General Assembly, the
6State Comptroller shall direct and the State Treasurer shall
7transfer the sum of $2,000,000 from the General Revenue Fund to
8the Teachers Health Insurance Security Fund.
9 (k-1) In addition to any other transfers that may be
10provided for by law, on July 1, 2002, or as soon as may be
11practical thereafter, the State Comptroller shall direct and
12the State Treasurer shall transfer the sum of $2,000,000 from
13the General Revenue Fund to the Teachers Health Insurance
14Security Fund.
15 (k-2) In addition to any other transfers that may be
16provided for by law, on July 1, 2003, or as soon as may be
17practical thereafter, the State Comptroller shall direct and
18the State Treasurer shall transfer the sum of $2,000,000 from
19the General Revenue Fund to the Teachers Health Insurance
20Security Fund.
21 (k-3) On or after July 1, 2002 and no later than June 30,
222003, in addition to any other transfers that may be provided
23for by law, at the direction of and upon notification from the
24Governor, the State Comptroller shall direct and the State
25Treasurer shall transfer amounts not to exceed the following
26sums into the Statistical Services Revolving Fund:

SB0042 Engrossed- 40 -LRB100 04925 MLM 14935 b
1 Appraisal Administration Fund.................$150,000
2 General Revenue Fund..........................10,440,000
3 Savings and Residential Finance
4 Regulatory Fund...........................200,000
5 State Pensions Fund...........................100,000
6 Bank and Trust Company Fund...................100,000
7 Professions Indirect Cost Fund................3,400,000
8 Public Utility Fund...........................2,081,200
9 Real Estate License Administration Fund.......150,000
10 Title III Social Security and
11 Employment Fund...........................1,000,000
12 Transportation Regulatory Fund................3,052,100
13 Underground Storage Tank Fund.................50,000
14 (l) In addition to any other transfers that may be provided
15for by law, on July 1, 2002, or as soon as may be practical
16thereafter, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $3,000,000 from the General
18Revenue Fund to the Presidential Library and Museum Operating
19Fund.
20 (m) In addition to any other transfers that may be provided
21for by law, on July 1, 2002 and on the effective date of this
22amendatory Act of the 93rd General Assembly, or as soon
23thereafter as may be practical, the State Comptroller shall
24direct and the State Treasurer shall transfer the sum of
25$1,200,000 from the General Revenue Fund to the Violence
26Prevention Fund.

SB0042 Engrossed- 41 -LRB100 04925 MLM 14935 b
1 (n) In addition to any other transfers that may be provided
2for by law, on July 1, 2003, or as soon thereafter as may be
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $6,800,000 from the General
5Revenue Fund to the DHS Recoveries Trust Fund.
6 (o) On or after July 1, 2003, and no later than June 30,
72004, in addition to any other transfers that may be provided
8for by law, at the direction of and upon notification from the
9Governor, the State Comptroller shall direct and the State
10Treasurer shall transfer amounts not to exceed the following
11sums into the Vehicle Inspection Fund:
12 From the Underground Storage Tank Fund .......$35,000,000.
13 (p) On or after July 1, 2003 and until May 1, 2004, in
14addition to any other transfers that may be provided for by
15law, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts not exceeding a total of
18$80,000,000 from the General Revenue Fund to the Tobacco
19Settlement Recovery Fund. Any amounts so transferred shall be
20re-transferred from the Tobacco Settlement Recovery Fund to the
21General Revenue Fund at the direction of and upon notification
22from the Governor, but in any event on or before June 30, 2004.
23 (q) In addition to any other transfers that may be provided
24for by law, on July 1, 2003, or as soon as may be practical
25thereafter, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

SB0042 Engrossed- 42 -LRB100 04925 MLM 14935 b
1Revenue Fund to the Illinois Military Family Relief Fund.
2 (r) In addition to any other transfers that may be provided
3for by law, on July 1, 2003, or as soon as may be practical
4thereafter, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $1,922,000 from the General
6Revenue Fund to the Presidential Library and Museum Operating
7Fund.
8 (s) In addition to any other transfers that may be provided
9for by law, on or after July 1, 2003, the State Comptroller
10shall direct and the State Treasurer shall transfer the sum of
11$4,800,000 from the Statewide Economic Development Fund to the
12General Revenue Fund.
13 (t) In addition to any other transfers that may be provided
14for by law, on or after July 1, 2003, the State Comptroller
15shall direct and the State Treasurer shall transfer the sum of
16$50,000,000 from the General Revenue Fund to the Budget
17Stabilization Fund.
18 (u) On or after July 1, 2004 and until May 1, 2005, in
19addition to any other transfers that may be provided for by
20law, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts not exceeding a total of
23$80,000,000 from the General Revenue Fund to the Tobacco
24Settlement Recovery Fund. Any amounts so transferred shall be
25retransferred by the State Comptroller and the State Treasurer
26from the Tobacco Settlement Recovery Fund to the General

SB0042 Engrossed- 43 -LRB100 04925 MLM 14935 b
1Revenue Fund at the direction of and upon notification from the
2Governor, but in any event on or before June 30, 2005.
3 (v) In addition to any other transfers that may be provided
4for by law, on July 1, 2004, or as soon thereafter as may be
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $1,200,000 from the General
7Revenue Fund to the Violence Prevention Fund.
8 (w) In addition to any other transfers that may be provided
9for by law, on July 1, 2004, or as soon thereafter as may be
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $6,445,000 from the General
12Revenue Fund to the Presidential Library and Museum Operating
13Fund.
14 (x) In addition to any other transfers that may be provided
15for by law, on January 15, 2005, or as soon thereafter as may
16be practical, the State Comptroller shall direct and the State
17Treasurer shall transfer to the General Revenue Fund the
18following sums:
19 From the State Crime Laboratory Fund, $200,000;
20 From the State Police Wireless Service Emergency Fund,
21 $200,000;
22 From the State Offender DNA Identification System
23 Fund, $800,000; and
24 From the State Police Whistleblower Reward and
25 Protection Fund, $500,000.
26 (y) Notwithstanding any other provision of law to the

SB0042 Engrossed- 44 -LRB100 04925 MLM 14935 b
1contrary, in addition to any other transfers that may be
2provided for by law on June 30, 2005, or as soon as may be
3practical thereafter, the State Comptroller shall direct and
4the State Treasurer shall transfer the remaining balance from
5the designated funds into the General Revenue Fund and any
6future deposits that would otherwise be made into these funds
7must instead be made into the General Revenue Fund:
8 (1) the Keep Illinois Beautiful Fund;
9 (2) the Metropolitan Fair and Exposition Authority
10 Reconstruction Fund;
11 (3) the New Technology Recovery Fund;
12 (4) the Illinois Rural Bond Bank Trust Fund;
13 (5) the ISBE School Bus Driver Permit Fund;
14 (6) the Solid Waste Management Revolving Loan Fund;
15 (7) the State Postsecondary Review Program Fund;
16 (8) the Tourism Attraction Development Matching Grant
17 Fund;
18 (9) the Patent and Copyright Fund;
19 (10) the Credit Enhancement Development Fund;
20 (11) the Community Mental Health and Developmental
21 Disabilities Services Provider Participation Fee Trust
22 Fund;
23 (12) the Nursing Home Grant Assistance Fund;
24 (13) the By-product Material Safety Fund;
25 (14) the Illinois Student Assistance Commission Higher
26 EdNet Fund;

SB0042 Engrossed- 45 -LRB100 04925 MLM 14935 b
1 (15) the DORS State Project Fund;
2 (16) the School Technology Revolving Fund;
3 (17) the Energy Assistance Contribution Fund;
4 (18) the Illinois Building Commission Revolving Fund;
5 (19) the Illinois Aquaculture Development Fund;
6 (20) the Homelessness Prevention Fund;
7 (21) the DCFS Refugee Assistance Fund;
8 (22) the Illinois Century Network Special Purposes
9 Fund; and
10 (23) the Build Illinois Purposes Fund.
11 (z) In addition to any other transfers that may be provided
12for by law, on July 1, 2005, or as soon as may be practical
13thereafter, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $1,200,000 from the General
15Revenue Fund to the Violence Prevention Fund.
16 (aa) In addition to any other transfers that may be
17provided for by law, on July 1, 2005, or as soon as may be
18practical thereafter, the State Comptroller shall direct and
19the State Treasurer shall transfer the sum of $9,000,000 from
20the General Revenue Fund to the Presidential Library and Museum
21Operating Fund.
22 (bb) In addition to any other transfers that may be
23provided for by law, on July 1, 2005, or as soon as may be
24practical thereafter, the State Comptroller shall direct and
25the State Treasurer shall transfer the sum of $6,803,600 from
26the General Revenue Fund to the Securities Audit and

SB0042 Engrossed- 46 -LRB100 04925 MLM 14935 b
1Enforcement Fund.
2 (cc) In addition to any other transfers that may be
3provided for by law, on or after July 1, 2005 and until May 1,
42006, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts not exceeding a total of
7$80,000,000 from the General Revenue Fund to the Tobacco
8Settlement Recovery Fund. Any amounts so transferred shall be
9re-transferred by the State Comptroller and the State Treasurer
10from the Tobacco Settlement Recovery Fund to the General
11Revenue Fund at the direction of and upon notification from the
12Governor, but in any event on or before June 30, 2006.
13 (dd) In addition to any other transfers that may be
14provided for by law, on April 1, 2005, or as soon thereafter as
15may be practical, at the direction of the Director of Public
16Aid (now Director of Healthcare and Family Services), the State
17Comptroller shall direct and the State Treasurer shall transfer
18from the Public Aid Recoveries Trust Fund amounts not to exceed
19$14,000,000 to the Community Mental Health Medicaid Trust Fund.
20 (ee) Notwithstanding any other provision of law, on July 1,
212006, or as soon thereafter as practical, the State Comptroller
22shall direct and the State Treasurer shall transfer the
23remaining balance from the Illinois Civic Center Bond Fund to
24the Illinois Civic Center Bond Retirement and Interest Fund.
25 (ff) In addition to any other transfers that may be
26provided for by law, on and after July 1, 2006 and until June

SB0042 Engrossed- 47 -LRB100 04925 MLM 14935 b
130, 2007, at the direction of and upon notification from the
2Director of the Governor's Office of Management and Budget, the
3State Comptroller shall direct and the State Treasurer shall
4transfer amounts not exceeding a total of $1,900,000 from the
5General Revenue Fund to the Illinois Capital Revolving Loan
6Fund.
7 (gg) In addition to any other transfers that may be
8provided for by law, on and after July 1, 2006 and until May 1,
92007, at the direction of and upon notification from the
10Governor, the State Comptroller shall direct and the State
11Treasurer shall transfer amounts not exceeding a total of
12$80,000,000 from the General Revenue Fund to the Tobacco
13Settlement Recovery Fund. Any amounts so transferred shall be
14retransferred by the State Comptroller and the State Treasurer
15from the Tobacco Settlement Recovery Fund to the General
16Revenue Fund at the direction of and upon notification from the
17Governor, but in any event on or before June 30, 2007.
18 (hh) In addition to any other transfers that may be
19provided for by law, on and after July 1, 2006 and until June
2030, 2007, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts from the Illinois Affordable
23Housing Trust Fund to the designated funds not exceeding the
24following amounts:
25 DCFS Children's Services Fund.................$2,200,000
26 Department of Corrections Reimbursement

SB0042 Engrossed- 48 -LRB100 04925 MLM 14935 b
1 and Education Fund........................$1,500,000
2 Supplemental Low-Income Energy
3 Assistance Fund..............................$75,000
4 (ii) In addition to any other transfers that may be
5provided for by law, on or before August 31, 2006, the Governor
6and the State Comptroller may agree to transfer the surplus
7cash balance from the General Revenue Fund to the Budget
8Stabilization Fund and the Pension Stabilization Fund in equal
9proportions. The determination of the amount of the surplus
10cash balance shall be made by the Governor, with the
11concurrence of the State Comptroller, after taking into account
12the June 30, 2006 balances in the general funds and the actual
13or estimated spending from the general funds during the lapse
14period. Notwithstanding the foregoing, the maximum amount that
15may be transferred under this subsection (ii) is $50,000,000.
16 (jj) In addition to any other transfers that may be
17provided for by law, on July 1, 2006, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $8,250,000 from the General
20Revenue Fund to the Presidential Library and Museum Operating
21Fund.
22 (kk) In addition to any other transfers that may be
23provided for by law, on July 1, 2006, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $1,400,000 from the General
26Revenue Fund to the Violence Prevention Fund.

SB0042 Engrossed- 49 -LRB100 04925 MLM 14935 b
1 (ll) In addition to any other transfers that may be
2provided for by law, on the first day of each calendar quarter
3of the fiscal year beginning July 1, 2006, or as soon
4thereafter as practical, the State Comptroller shall direct and
5the State Treasurer shall transfer from the General Revenue
6Fund amounts equal to one-fourth of $20,000,000 to the
7Renewable Energy Resources Trust Fund.
8 (mm) In addition to any other transfers that may be
9provided for by law, on July 1, 2006, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $1,320,000 from the General
12Revenue Fund to the I-FLY Fund.
13 (nn) In addition to any other transfers that may be
14provided for by law, on July 1, 2006, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $3,000,000 from the General
17Revenue Fund to the African-American HIV/AIDS Response Fund.
18 (oo) In addition to any other transfers that may be
19provided for by law, on and after July 1, 2006 and until June
2030, 2007, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts identified as net receipts
23from the sale of all or part of the Illinois Student Assistance
24Commission loan portfolio from the Student Loan Operating Fund
25to the General Revenue Fund. The maximum amount that may be
26transferred pursuant to this Section is $38,800,000. In

SB0042 Engrossed- 50 -LRB100 04925 MLM 14935 b
1addition, no transfer may be made pursuant to this Section that
2would have the effect of reducing the available balance in the
3Student Loan Operating Fund to an amount less than the amount
4remaining unexpended and unreserved from the total
5appropriations from the Fund estimated to be expended for the
6fiscal year. The State Treasurer and Comptroller shall transfer
7the amounts designated under this Section as soon as may be
8practical after receiving the direction to transfer from the
9Governor.
10 (pp) In addition to any other transfers that may be
11provided for by law, on July 1, 2006, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $2,000,000 from the General
14Revenue Fund to the Illinois Veterans Assistance Fund.
15 (qq) In addition to any other transfers that may be
16provided for by law, on and after July 1, 2007 and until May 1,
172008, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts not exceeding a total of
20$80,000,000 from the General Revenue Fund to the Tobacco
21Settlement Recovery Fund. Any amounts so transferred shall be
22retransferred by the State Comptroller and the State Treasurer
23from the Tobacco Settlement Recovery Fund to the General
24Revenue Fund at the direction of and upon notification from the
25Governor, but in any event on or before June 30, 2008.
26 (rr) In addition to any other transfers that may be

SB0042 Engrossed- 51 -LRB100 04925 MLM 14935 b
1provided for by law, on and after July 1, 2007 and until June
230, 2008, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts from the Illinois Affordable
5Housing Trust Fund to the designated funds not exceeding the
6following amounts:
7 DCFS Children's Services Fund.................$2,200,000
8 Department of Corrections Reimbursement
9 and Education Fund........................$1,500,000
10 Supplemental Low-Income Energy
11 Assistance Fund..............................$75,000
12 (ss) In addition to any other transfers that may be
13provided for by law, on July 1, 2007, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $8,250,000 from the General
16Revenue Fund to the Presidential Library and Museum Operating
17Fund.
18 (tt) In addition to any other transfers that may be
19provided for by law, on July 1, 2007, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $1,400,000 from the General
22Revenue Fund to the Violence Prevention Fund.
23 (uu) In addition to any other transfers that may be
24provided for by law, on July 1, 2007, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $1,320,000 from the General

SB0042 Engrossed- 52 -LRB100 04925 MLM 14935 b
1Revenue Fund to the I-FLY Fund.
2 (vv) In addition to any other transfers that may be
3provided for by law, on July 1, 2007, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $3,000,000 from the General
6Revenue Fund to the African-American HIV/AIDS Response Fund.
7 (ww) In addition to any other transfers that may be
8provided for by law, on July 1, 2007, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $3,500,000 from the General
11Revenue Fund to the Predatory Lending Database Program Fund.
12 (xx) In addition to any other transfers that may be
13provided for by law, on July 1, 2007, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $5,000,000 from the General
16Revenue Fund to the Digital Divide Elimination Fund.
17 (yy) In addition to any other transfers that may be
18provided for by law, on July 1, 2007, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $4,000,000 from the General
21Revenue Fund to the Digital Divide Elimination Infrastructure
22Fund.
23 (zz) In addition to any other transfers that may be
24provided for by law, on July 1, 2008, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

SB0042 Engrossed- 53 -LRB100 04925 MLM 14935 b
1Revenue Fund to the Digital Divide Elimination Fund.
2 (aaa) In addition to any other transfers that may be
3provided for by law, on and after July 1, 2008 and until May 1,
42009, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts not exceeding a total of
7$80,000,000 from the General Revenue Fund to the Tobacco
8Settlement Recovery Fund. Any amounts so transferred shall be
9retransferred by the State Comptroller and the State Treasurer
10from the Tobacco Settlement Recovery Fund to the General
11Revenue Fund at the direction of and upon notification from the
12Governor, but in any event on or before June 30, 2009.
13 (bbb) In addition to any other transfers that may be
14provided for by law, on and after July 1, 2008 and until June
1530, 2009, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts from the Illinois Affordable
18Housing Trust Fund to the designated funds not exceeding the
19following amounts:
20 DCFS Children's Services Fund.............$2,200,000
21 Department of Corrections Reimbursement
22 and Education Fund........................$1,500,000
23 Supplemental Low-Income Energy
24 Assistance Fund..............................$75,000
25 (ccc) In addition to any other transfers that may be
26provided for by law, on July 1, 2008, or as soon thereafter as

SB0042 Engrossed- 54 -LRB100 04925 MLM 14935 b
1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $7,450,000 from the General
3Revenue Fund to the Presidential Library and Museum Operating
4Fund.
5 (ddd) In addition to any other transfers that may be
6provided for by law, on July 1, 2008, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $1,400,000 from the General
9Revenue Fund to the Violence Prevention Fund.
10 (eee) In addition to any other transfers that may be
11provided for by law, on July 1, 2009, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $5,000,000 from the General
14Revenue Fund to the Digital Divide Elimination Fund.
15 (fff) In addition to any other transfers that may be
16provided for by law, on and after July 1, 2009 and until May 1,
172010, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts not exceeding a total of
20$80,000,000 from the General Revenue Fund to the Tobacco
21Settlement Recovery Fund. Any amounts so transferred shall be
22retransferred by the State Comptroller and the State Treasurer
23from the Tobacco Settlement Recovery Fund to the General
24Revenue Fund at the direction of and upon notification from the
25Governor, but in any event on or before June 30, 2010.
26 (ggg) In addition to any other transfers that may be

SB0042 Engrossed- 55 -LRB100 04925 MLM 14935 b
1provided for by law, on July 1, 2009, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $7,450,000 from the General
4Revenue Fund to the Presidential Library and Museum Operating
5Fund.
6 (hhh) In addition to any other transfers that may be
7provided for by law, on July 1, 2009, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $1,400,000 from the General
10Revenue Fund to the Violence Prevention Fund.
11 (iii) In addition to any other transfers that may be
12provided for by law, on July 1, 2009, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $100,000 from the General
15Revenue Fund to the Heartsaver AED Fund.
16 (jjj) In addition to any other transfers that may be
17provided for by law, on and after July 1, 2009 and until June
1830, 2010, at the direction of and upon notification from the
19Governor, the State Comptroller shall direct and the State
20Treasurer shall transfer amounts not exceeding a total of
21$17,000,000 from the General Revenue Fund to the DCFS
22Children's Services Fund.
23 (lll) In addition to any other transfers that may be
24provided for by law, on July 1, 2009, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

SB0042 Engrossed- 56 -LRB100 04925 MLM 14935 b
1Revenue Fund to the Communications Revolving Fund.
2 (mmm) In addition to any other transfers that may be
3provided for by law, on July 1, 2009, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $9,700,000 from the General
6Revenue Fund to the Senior Citizens Real Estate Deferred Tax
7Revolving Fund.
8 (nnn) In addition to any other transfers that may be
9provided for by law, on July 1, 2009, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $565,000 from the FY09
12Budget Relief Fund to the Horse Racing Fund.
13 (ooo) In addition to any other transfers that may be
14provided by law, on July 1, 2009, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $600,000 from the General
17Revenue Fund to the Temporary Relocation Expenses Revolving
18Fund.
19 (ppp) In addition to any other transfers that may be
20provided for by law, on July 1, 2010, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $5,000,000 from the General
23Revenue Fund to the Digital Divide Elimination Fund.
24 (qqq) In addition to any other transfers that may be
25provided for by law, on and after July 1, 2010 and until May 1,
262011, at the direction of and upon notification from the

SB0042 Engrossed- 57 -LRB100 04925 MLM 14935 b
1Governor, the State Comptroller shall direct and the State
2Treasurer shall transfer amounts not exceeding a total of
3$80,000,000 from the General Revenue Fund to the Tobacco
4Settlement Recovery Fund. Any amounts so transferred shall be
5retransferred by the State Comptroller and the State Treasurer
6from the Tobacco Settlement Recovery Fund to the General
7Revenue Fund at the direction of and upon notification from the
8Governor, but in any event on or before June 30, 2011.
9 (rrr) In addition to any other transfers that may be
10provided for by law, on July 1, 2010, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $6,675,000 from the General
13Revenue Fund to the Presidential Library and Museum Operating
14Fund.
15 (sss) In addition to any other transfers that may be
16provided for by law, on July 1, 2010, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $1,400,000 from the General
19Revenue Fund to the Violence Prevention Fund.
20 (ttt) In addition to any other transfers that may be
21provided for by law, on July 1, 2010, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $100,000 from the General
24Revenue Fund to the Heartsaver AED Fund.
25 (uuu) In addition to any other transfers that may be
26provided for by law, on July 1, 2010, or as soon thereafter as

SB0042 Engrossed- 58 -LRB100 04925 MLM 14935 b
1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $5,000,000 from the General
3Revenue Fund to the Communications Revolving Fund.
4 (vvv) In addition to any other transfers that may be
5provided for by law, on July 1, 2010, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $3,000,000 from the General
8Revenue Fund to the Illinois Capital Revolving Loan Fund.
9 (www) In addition to any other transfers that may be
10provided for by law, on July 1, 2010, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $17,000,000 from the
13General Revenue Fund to the DCFS Children's Services Fund.
14 (xxx) In addition to any other transfers that may be
15provided for by law, on July 1, 2010, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $2,000,000 from the Digital
18Divide Elimination Infrastructure Fund, of which $1,000,000
19shall go to the Workforce, Technology, and Economic Development
20Fund and $1,000,000 to the Public Utility Fund.
21 (yyy) In addition to any other transfers that may be
22provided for by law, on and after July 1, 2011 and until May 1,
232012, at the direction of and upon notification from the
24Governor, the State Comptroller shall direct and the State
25Treasurer shall transfer amounts not exceeding a total of
26$80,000,000 from the General Revenue Fund to the Tobacco

SB0042 Engrossed- 59 -LRB100 04925 MLM 14935 b
1Settlement Recovery Fund. Any amounts so transferred shall be
2retransferred by the State Comptroller and the State Treasurer
3from the Tobacco Settlement Recovery Fund to the General
4Revenue Fund at the direction of and upon notification from the
5Governor, but in any event on or before June 30, 2012.
6 (zzz) In addition to any other transfers that may be
7provided for by law, on July 1, 2011, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $1,000,000 from the General
10Revenue Fund to the Illinois Veterans Assistance Fund.
11 (aaaa) In addition to any other transfers that may be
12provided for by law, on July 1, 2011, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $8,000,000 from the General
15Revenue Fund to the Presidential Library and Museum Operating
16Fund.
17 (bbbb) In addition to any other transfers that may be
18provided for by law, on July 1, 2011, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $1,400,000 from the General
21Revenue Fund to the Violence Prevention Fund.
22 (cccc) In addition to any other transfers that may be
23provided for by law, on July 1, 2011, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $14,100,000 from the
26General Revenue Fund to the State Garage Revolving Fund.

SB0042 Engrossed- 60 -LRB100 04925 MLM 14935 b
1 (dddd) In addition to any other transfers that may be
2provided for by law, on July 1, 2011, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $4,000,000 from the General
5Revenue Fund to the Digital Divide Elimination Fund.
6 (eeee) In addition to any other transfers that may be
7provided for by law, on July 1, 2011, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $500,000 from the General
10Revenue Fund to the Senior Citizens Real Estate Deferred Tax
11Revolving Fund.
12(Source: P.A. 99-933, eff. 1-27-17.)
13 (30 ILCS 105/8g-1)
14 Sec. 8g-1. Fund transfers.
15 (a) In addition to any other transfers that may be provided
16for by law, on and after July 1, 2012 and until May 1, 2013, at
17the direction of and upon notification from the Governor, the
18State Comptroller shall direct and the State Treasurer shall
19transfer amounts not exceeding a total of $80,000,000 from the
20General Revenue Fund to the Tobacco Settlement Recovery Fund.
21Any amounts so transferred shall be retransferred by the State
22Comptroller and the State Treasurer from the Tobacco Settlement
23Recovery Fund to the General Revenue Fund at the direction of
24and upon notification from the Governor, but in any event on or
25before June 30, 2013.

SB0042 Engrossed- 61 -LRB100 04925 MLM 14935 b
1 (b) In addition to any other transfers that may be provided
2for by law, on and after July 1, 2013 and until May 1, 2014, at
3the direction of and upon notification from the Governor, the
4State Comptroller shall direct and the State Treasurer shall
5transfer amounts not exceeding a total of $80,000,000 from the
6General Revenue Fund to the Tobacco Settlement Recovery Fund.
7Any amounts so transferred shall be retransferred by the State
8Comptroller and the State Treasurer from the Tobacco Settlement
9Recovery Fund to the General Revenue Fund at the direction of
10and upon notification from the Governor, but in any event on or
11before June 30, 2014.
12 (c) In addition to any other transfers that may be provided
13for by law, on July 1, 2013, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $1,400,000 from the General
16Revenue Fund to the ICJIA Violence Prevention Fund.
17 (d) In addition to any other transfers that may be provided
18for by law, on July 1, 2013, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $1,500,000 from the General
21Revenue Fund to the Illinois Veterans Assistance Fund.
22 (e) In addition to any other transfers that may be provided
23for by law, on July 1, 2013, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $500,000 from the General
26Revenue Fund to the Senior Citizens Real Estate Deferred Tax

SB0042 Engrossed- 62 -LRB100 04925 MLM 14935 b
1Revolving Fund.
2 (f) In addition to any other transfers that may be provided
3for by law, on July 1, 2013, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $4,000,000 from the General
6Revenue Fund to the Digital Divide Elimination Fund.
7 (g) In addition to any other transfers that may be provided
8for by law, on July 1, 2013, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $5,000,000 from the General
11Revenue Fund to the Communications Revolving Fund.
12 (h) In addition to any other transfers that may be provided
13for by law, on July 1, 2013, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $9,800,000 from the General
16Revenue Fund to the Presidential Library and Museum Operating
17Fund.
18 (i) In addition to any other transfers that may be provided
19for by law, on and after July 1, 2014 and until May 1, 2015, at
20the direction of and upon notification from the Governor, the
21State Comptroller shall direct and the State Treasurer shall
22transfer amounts not exceeding a total of $80,000,000 from the
23General Revenue Fund to the Tobacco Settlement Recovery Fund.
24Any amounts so transferred shall be retransferred by the State
25Comptroller and the State Treasurer from the Tobacco Settlement
26Recovery Fund to the General Revenue Fund at the direction of

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1and upon notification from the Governor, but in any event on or
2before June 30, 2015.
3 (j) In addition to any other transfers that may be provided
4for by law, on July 1, 2014, or as soon thereafter as
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $10,000,000 from the
7General Revenue Fund to the Presidential Library and Museum
8Operating Fund.
9 (k) In addition to any other transfers that may be provided
10for by law, on July 1, 2017, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $500,000 from the General
13Revenue Fund to the Grant Accountability and Transparency Fund.
14(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
1598-674, eff. 6-30-14.)
16 Section 5-20. The State Revenue Sharing Act is amended by
17changing Section 12 as follows:
18 (30 ILCS 115/12) (from Ch. 85, par. 616)
19 Sec. 12. Personal Property Tax Replacement Fund. There is
20hereby created the Personal Property Tax Replacement Fund, a
21special fund in the State Treasury into which shall be paid all
22revenue realized:
23 (a) all amounts realized from the additional personal
24property tax replacement income tax imposed by subsections (c)

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1and (d) of Section 201 of the Illinois Income Tax Act, except
2for those amounts deposited into the Income Tax Refund Fund
3pursuant to subsection (c) of Section 901 of the Illinois
4Income Tax Act; and
5 (b) all amounts realized from the additional personal
6property replacement invested capital taxes imposed by Section
72a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
8Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and
9Section 3 of the Water Company Invested Capital Tax Act, and
10amounts payable to the Department of Revenue under the
11Telecommunications Infrastructure Maintenance Fee Act.
12 As soon as may be after the end of each month, the
13Department of Revenue shall certify to the Treasurer and the
14Comptroller the amount of all refunds paid out of the General
15Revenue Fund through the preceding month on account of
16overpayment of liability on taxes paid into the Personal
17Property Tax Replacement Fund. Upon receipt of such
18certification, the Treasurer and the Comptroller shall
19transfer the amount so certified from the Personal Property Tax
20Replacement Fund into the General Revenue Fund.
21 The payments of revenue into the Personal Property Tax
22Replacement Fund shall be used exclusively for distribution to
23taxing districts, regional offices and officials, and local
24officials as provided in this Section and in the School Code,
25payment of the ordinary and contingent expenses of the Property
26Tax Appeal Board, payment of the expenses of the Department of

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

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1Infrastructure Maintenance Fee Act; and the additional
2personal property tax replacement income tax imposed by the
3Illinois Income Tax Act, as amended by Public Act 81-1st
4Special Session-1. Net replacement revenue shall be defined as
5the total amount paid into and remaining in the General Revenue
6Fund as a result of those Acts minus the amount outstanding and
7obligated from the General Revenue Fund in state vouchers or
8warrants prior to the effective date of this amendatory Act of
91980 as refunds to taxpayers for overpayment of liability under
10those Acts.
11 All interest earned by monies accumulated in the Personal
12Property Tax Replacement Fund shall be deposited in such Fund.
13All amounts allocated pursuant to this Section are appropriated
14on a continuing basis.
15 Prior to December 31, 1980, as soon as may be after the end
16of each quarter beginning with the quarter ending December 31,
171979, and on and after December 31, 1980, as soon as may be
18after January 1, March 1, April 1, May 1, July 1, August 1,
19October 1 and December 1 of each year, the Department of
20Revenue shall allocate to each taxing district as defined in
21Section 1-150 of the Property Tax Code, in accordance with the
22provisions of paragraph (2) of this Section the portion of the
23funds held in the Personal Property Tax Replacement Fund which
24is required to be distributed, as provided in paragraph (1),
25for each quarter. Provided, however, under no circumstances
26shall any taxing district during each of the first two years of

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1distribution of the taxes imposed by this amendatory Act of
21979 be entitled to an annual allocation which is less than the
3funds such taxing district collected from the 1978 personal
4property tax. Provided further that under no circumstances
5shall any taxing district during the third year of distribution
6of the taxes imposed by this amendatory Act of 1979 receive
7less than 60% of the funds such taxing district collected from
8the 1978 personal property tax. In the event that the total of
9the allocations made as above provided for all taxing
10districts, during either of such 3 years, exceeds the amount
11available for distribution the allocation of each taxing
12district shall be proportionately reduced. Except as provided
13in Section 13 of this Act, the Department shall then certify,
14pursuant to appropriation, such allocations to the State
15Comptroller who shall pay over to the several taxing districts
16the respective amounts allocated to them.
17 Any township which receives an allocation based in whole or
18in part upon personal property taxes which it levied pursuant
19to Section 6-507 or 6-512 of the Illinois Highway Code and
20which was previously required to be paid over to a municipality
21shall immediately pay over to that municipality a proportionate
22share of the personal property replacement funds which such
23township receives.
24 Any municipality or township, other than a municipality
25with a population in excess of 500,000, which receives an
26allocation based in whole or in part on personal property taxes

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1which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
2Illinois Local Library Act and which was previously required to
3be paid over to a public library shall immediately pay over to
4that library a proportionate share of the personal property tax
5replacement funds which such municipality or township
6receives; provided that if such a public library has converted
7to a library organized under The Illinois Public Library
8District Act, regardless of whether such conversion has
9occurred on, after or before January 1, 1988, such
10proportionate share shall be immediately paid over to the
11library district which maintains and operates the library.
12However, any library that has converted prior to January 1,
131988, and which hitherto has not received the personal property
14tax replacement funds, shall receive such funds commencing on
15January 1, 1988.
16 Any township which receives an allocation based in whole or
17in part on personal property taxes which it levied pursuant to
18Section 1c of the Public Graveyards Act and which taxes were
19previously required to be paid over to or used for such public
20cemetery or cemeteries shall immediately pay over to or use for
21such public cemetery or cemeteries a proportionate share of the
22personal property tax replacement funds which the township
23receives.
24 Any taxing district which receives an allocation based in
25whole or in part upon personal property taxes which it levied
26for another governmental body or school district in Cook County

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1in 1976 or for another governmental body or school district in
2the remainder of the State in 1977 shall immediately pay over
3to that governmental body or school district the amount of
4personal property replacement funds which such governmental
5body or school district would receive directly under the
6provisions of paragraph (2) of this Section, had it levied its
7own taxes.
8 (1) The portion of the Personal Property Tax
9 Replacement Fund required to be distributed as of the time
10 allocation is required to be made shall be the amount
11 available in such Fund as of the time allocation is
12 required to be made.
13 The amount available for distribution shall be the
14 total amount in the fund at such time minus the necessary
15 administrative and other authorized expenses as limited by
16 the appropriation and the amount determined by: (a) $2.8
17 million for fiscal year 1981; (b) for fiscal year 1982,
18 .54% of the funds distributed from the fund during the
19 preceding fiscal year; (c) for fiscal year 1983 through
20 fiscal year 1988, .54% of the funds distributed from the
21 fund during the preceding fiscal year less .02% of such
22 fund for fiscal year 1983 and less .02% of such funds for
23 each fiscal year thereafter; (d) for fiscal year 1989
24 through fiscal year 2011 no more than 105% of the actual
25 administrative expenses of the prior fiscal year; (e) for
26 fiscal year 2012 and beyond, a sufficient amount to pay (i)

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1 stipends, additional compensation, salary reimbursements,
2 and other amounts directed to be paid out of this Fund for
3 local officials as authorized or required by statute and
4 (ii) no more than 105% of the actual administrative
5 expenses of the prior fiscal year, including payment of the
6 ordinary and contingent expenses of the Property Tax Appeal
7 Board and payment of the expenses of the Department of
8 Revenue incurred in administering the collection and
9 distribution of moneys paid into the Fund; or (f) for
10 fiscal years 2012 and 2013 only, a sufficient amount to pay
11 stipends, additional compensation, salary reimbursements,
12 and other amounts directed to be paid out of this Fund for
13 regional offices and officials as authorized or required by
14 statute; or (g) for fiscal year 2018 only, a sufficient
15 amount to pay amounts directed to be paid out of this Fund
16 for public community college base operating grants and
17 local health protection grants to certified local health
18 departments as authorized or required by appropriation or
19 statute. Such portion of the fund shall be determined after
20 the transfer into the General Revenue Fund due to refunds,
21 if any, paid from the General Revenue Fund during the
22 preceding quarter. If at any time, for any reason, there is
23 insufficient amount in the Personal Property Tax
24 Replacement Fund for payments for regional offices and
25 officials or local officials or payment of costs of
26 administration or for transfers due to refunds at the end

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

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1of each Cook County taxing district is the personal property
2tax collections for that taxing district for the 1976 tax year.
3The Cook County Tax Base is the personal property tax
4collections for all taxing districts in Cook County for the
51976 tax year. The Department of Revenue shall have authority
6to review for accuracy and completeness the personal property
7tax collections for each taxing district within Cook County for
8the 1976 tax year.
9 For all purposes of this Section 12, amounts paid to a
10taxing district for such tax years as may be applicable by a
11foreign corporation under the provisions of Section 7-202 of
12the Public Utilities Act, as amended, shall be deemed to be
13personal property taxes collected by such taxing district for
14such tax years as may be applicable. The Director shall
15determine from the Illinois Commerce Commission, for any tax
16year as may be applicable, the amounts so paid by any such
17foreign corporation to any and all taxing districts. The
18Illinois Commerce Commission shall furnish such information to
19the Director. For all purposes of this Section 12, the Director
20shall deem such amounts to be collected personal property taxes
21of each such taxing district for the applicable tax year or
22years.
23 Taxing districts located both in Cook County and in one or
24more other counties shall receive both a Cook County allocation
25and a Downstate allocation determined in the same way as all
26other taxing districts.

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1 If any taxing district in existence on July 1, 1979 ceases
2to exist, or discontinues its operations, its Tax Base shall
3thereafter be deemed to be zero. If the powers, duties and
4obligations of the discontinued taxing district are assumed by
5another taxing district, the Tax Base of the discontinued
6taxing district shall be added to the Tax Base of the taxing
7district assuming such powers, duties and obligations.
8 If two or more taxing districts in existence on July 1,
91979, or a successor or successors thereto shall consolidate
10into one taxing district, the Tax Base of such consolidated
11taxing district shall be the sum of the Tax Bases of each of
12the taxing districts which have consolidated.
13 If a single taxing district in existence on July 1, 1979,
14or a successor or successors thereto shall be divided into two
15or more separate taxing districts, the tax base of the taxing
16district so divided shall be allocated to each of the resulting
17taxing districts in proportion to the then current equalized
18assessed value of each resulting taxing district.
19 If a portion of the territory of a taxing district is
20disconnected and annexed to another taxing district of the same
21type, the Tax Base of the taxing district from which
22disconnection was made shall be reduced in proportion to the
23then current equalized assessed value of the disconnected
24territory as compared with the then current equalized assessed
25value within the entire territory of the taxing district prior
26to disconnection, and the amount of such reduction shall be

SB0042 Engrossed- 74 -LRB100 04925 MLM 14935 b
1added to the Tax Base of the taxing district to which
2annexation is made.
3 If a community college district is created after July 1,
41979, beginning on the effective date of this amendatory Act of
51995, its Tax Base shall be 3.5% of the sum of the personal
6property tax collected for the 1977 tax year within the
7territorial jurisdiction of the district.
8 The amounts allocated and paid to taxing districts pursuant
9to the provisions of this amendatory Act of 1979 shall be
10deemed to be substitute revenues for the revenues derived from
11taxes imposed on personal property pursuant to the provisions
12of the "Revenue Act of 1939" or "An Act for the assessment and
13taxation of private car line companies", approved July 22,
141943, as amended, or Section 414 of the Illinois Insurance
15Code, prior to the abolition of such taxes and shall be used
16for the same purposes as the revenues derived from ad valorem
17taxes on real estate.
18 Monies received by any taxing districts from the Personal
19Property Tax Replacement Fund shall be first applied toward
20payment of the proportionate amount of debt service which was
21previously levied and collected from extensions against
22personal property on bonds outstanding as of December 31, 1978
23and next applied toward payment of the proportionate share of
24the pension or retirement obligations of the taxing district
25which were previously levied and collected from extensions
26against personal property. For each such outstanding bond

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1issue, the County Clerk shall determine the percentage of the
2debt service which was collected from extensions against real
3estate in the taxing district for 1978 taxes payable in 1979,
4as related to the total amount of such levies and collections
5from extensions against both real and personal property. For
61979 and subsequent years' taxes, the County Clerk shall levy
7and extend taxes against the real estate of each taxing
8district which will yield the said percentage or percentages of
9the debt service on such outstanding bonds. The balance of the
10amount necessary to fully pay such debt service shall
11constitute a first and prior lien upon the monies received by
12each such taxing district through the Personal Property Tax
13Replacement Fund and shall be first applied or set aside for
14such purpose. In counties having fewer than 3,000,000
15inhabitants, the amendments to this paragraph as made by this
16amendatory Act of 1980 shall be first applicable to 1980 taxes
17to be collected in 1981.
18(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
1997-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.
206-30-14.)
21 Section 5-25. The General Obligation Bond Act is amended by
22changing Section 15 as follows:
23 (30 ILCS 330/15) (from Ch. 127, par. 665)
24 Sec. 15. Computation of Principal and Interest; transfers.

SB0042 Engrossed- 76 -LRB100 04925 MLM 14935 b
1 (a) Upon each delivery of Bonds authorized to be issued
2under this Act, the Comptroller shall compute and certify to
3the Treasurer the total amount of principal of, interest on,
4and premium, if any, on Bonds issued that will be payable in
5order to retire such Bonds, the amount of principal of,
6interest on and premium, if any, on such Bonds that will be
7payable on each payment date according to the tenor of such
8Bonds during the then current and each succeeding fiscal year,
9and the amount of sinking fund payments needed to be deposited
10in connection with Qualified School Construction Bonds
11authorized by subsection (e) of Section 9. With respect to the
12interest payable on variable rate bonds, such certifications
13shall be calculated at the maximum rate of interest that may be
14payable during the fiscal year, after taking into account any
15credits permitted in the related indenture or other instrument
16against the amount of such interest required to be appropriated
17for such period pursuant to subsection (c) of Section 14 of
18this Act. With respect to the interest payable, such
19certifications shall include the amounts certified by the
20Director of the Governor's Office of Management and Budget
21under subsection (b) of Section 9 of this Act.
22 On or before the last day of each month the State Treasurer
23and Comptroller shall transfer from (1) the Road Fund with
24respect to Bonds issued under paragraph (a) of Section 4 of
25this Act, or Bonds issued under authorization in Public Act
2698-781, or Bonds issued for the purpose of refunding such

SB0042 Engrossed- 77 -LRB100 04925 MLM 14935 b
1bonds, and from (2) the General Revenue Fund, with respect to
2all other Bonds issued under this Act, to the General
3Obligation Bond Retirement and Interest Fund an amount
4sufficient to pay the aggregate of the principal of, interest
5on, and premium, if any, on Bonds payable, by their terms on
6the next payment date divided by the number of full calendar
7months between the date of such Bonds and the first such
8payment date, and thereafter, divided by the number of months
9between each succeeding payment date after the first. Such
10computations and transfers shall be made for each series of
11Bonds issued and delivered. Interest payable on variable rate
12bonds shall be calculated at the maximum rate of interest that
13may be payable for the relevant period, after taking into
14account any credits permitted in the related indenture or other
15instrument against the amount of such interest required to be
16appropriated for such period pursuant to subsection (c) of
17Section 14 of this Act. Computations of interest shall include
18the amounts certified by the Director of the Governor's Office
19of Management and Budget under subsection (b) of Section 9 of
20this Act. Interest for which moneys have already been deposited
21into the capitalized interest account within the General
22Obligation Bond Retirement and Interest Fund shall not be
23included in the calculation of the amounts to be transferred
24under this subsection. Notwithstanding any other provision in
25this Section, the transfer provisions provided in this
26paragraph shall not apply to transfers made in fiscal year 2010

SB0042 Engrossed- 78 -LRB100 04925 MLM 14935 b
1or fiscal year 2011 with respect to Bonds issued in fiscal year
22010 or fiscal year 2011 pursuant to Section 7.2 of this Act.
3In the case of transfers made in fiscal year 2010 or fiscal
4year 2011 with respect to the Bonds issued in fiscal year 2010
5or fiscal year 2011 pursuant to Section 7.2 of this Act, on or
6before the 15th day of the month prior to the required debt
7service payment, the State Treasurer and Comptroller shall
8transfer from the General Revenue Fund to the General
9Obligation Bond Retirement and Interest Fund an amount
10sufficient to pay the aggregate of the principal of, interest
11on, and premium, if any, on the Bonds payable in that next
12month.
13 The transfer of monies herein and above directed is not
14required if monies in the General Obligation Bond Retirement
15and Interest Fund are more than the amount otherwise to be
16transferred as herein above provided, and if the Governor or
17his authorized representative notifies the State Treasurer and
18Comptroller of such fact in writing.
19 (b) After the effective date of this Act, the balance of,
20and monies directed to be included in the Capital Development
21Bond Retirement and Interest Fund, Anti-Pollution Bond
22Retirement and Interest Fund, Transportation Bond, Series A
23Retirement and Interest Fund, Transportation Bond, Series B
24Retirement and Interest Fund, and Coal Development Bond
25Retirement and Interest Fund shall be transferred to and
26deposited in the General Obligation Bond Retirement and

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1Interest Fund. This Fund shall be used to make debt service
2payments on the State's general obligation Bonds heretofore
3issued which are now outstanding and payable from the Funds
4herein listed as well as on Bonds issued under this Act.
5 (c) Except as provided in Section 22-3 of the Military Code
6of Illinois, the The unused portion of federal funds received
7for or as reimbursement for a capital facilities project, as
8authorized by Section 3 of this Act, for which monies from the
9Capital Development Fund have been expended shall remain in the
10Capital Development Board Contributory Trust Fund and shall be
11used for capital projects and for no other purpose, subject to
12appropriation and as directed by the Capital Development Board.
13Any federal funds received as reimbursement for the completed
14construction of a capital facilities project, as authorized by
15Section 3 of this Act, for which monies from the Capital
16Development Fund have been expended shall be deposited in the
17General Obligation Bond Retirement and Interest Fund.
18(Source: P.A. 98-245, eff. 1-1-14.)
19 Section 5-30. The Capital Development Bond Act of 1972 is
20amended by changing Section 9a as follows:
21 (30 ILCS 420/9a) (from Ch. 127, par. 759a)
22 Sec. 9a. Except as provided in Section 22-3 of the Military
23Code of Illinois, the The unused portion of federal funds
24received for or as reimbursement for a capital improvement

SB0042 Engrossed- 80 -LRB100 04925 MLM 14935 b
1project for which moneys from the Capital Development Fund have
2been expended shall remain in the Capital Development Board
3Contributory Trust Fund and shall be used for capital projects
4and for no other purpose, subject to appropriation and as
5directed by the Capital Development Board. Any federal funds
6received as reimbursement for the completed construction of a
7capital improvement project for which moneys from the Capital
8Development Fund have been expended shall be deposited in the
9Capital Development Bond Retirement and Interest Fund.
10(Source: P.A. 98-245, eff. 1-1-14.)
11 Section 5-35. The Illinois Coal Technology Development
12Assistance Act is amended by changing Section 3 as follows:
13 (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
14 Sec. 3. Transfers to Coal Technology Development
15Assistance Fund.
16 (a) As soon as may be practicable after the first day of
17each month, the Department of Revenue shall certify to the
18Treasurer an amount equal to 1/64 of the revenue realized from
19the tax imposed by the Electricity Excise Tax Law, Section 2 of
20the Public Utilities Revenue Act, Section 2 of the Messages Tax
21Act, and Section 2 of the Gas Revenue Tax Act, during the
22preceding month. Upon receipt of the certification, the
23Treasurer shall transfer the amount shown on such certification
24from the General Revenue Fund to the Coal Technology

SB0042 Engrossed- 81 -LRB100 04925 MLM 14935 b
1Development Assistance Fund, which is hereby created as a
2special fund in the State treasury, except that no transfer
3shall be made in any month in which the Fund has reached the
4following balance:
5 (1) $7,000,000 during fiscal year 1994.
6 (2) $8,500,000 during fiscal year 1995.
7 (3) $10,000,000 during fiscal years 1996 and 1997.
8 (4) During fiscal year 1998 through fiscal year 2004,
9 an amount equal to the sum of $10,000,000 plus additional
10 moneys deposited into the Coal Technology Development
11 Assistance Fund from the Renewable Energy Resources and
12 Coal Technology Development Assistance Charge under
13 Section 6.5 of the Renewable Energy, Energy Efficiency, and
14 Coal Resources Development Law of 1997.
15 (5) During fiscal year 2005, an amount equal to the sum
16 of $7,000,000 plus additional moneys deposited into the
17 Coal Technology Development Assistance Fund from the
18 Renewable Energy Resources and Coal Technology Development
19 Assistance Charge under Section 6.5 of the Renewable
20 Energy, Energy Efficiency, and Coal Resources Development
21 Law of 1997.
22 (6) During fiscal year 2006 through fiscal year 2017
23 and each fiscal year thereafter, an amount equal to the sum
24 of $10,000,000 plus additional moneys deposited into the
25 Coal Technology Development Assistance Fund from the
26 Renewable Energy Resources and Coal Technology Development

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1 Assistance Charge under Section 6.5 of the Renewable
2 Energy, Energy Efficiency, and Coal Resources Development
3 Law of 1997.
4 (b) Beginning in fiscal year 2018 and each fiscal year
5thereafter, the Treasurer shall make no further transfers from
6the General Revenue Fund to the Coal Technology Development
7Assistance Fund.
8(Source: P.A. 99-78, eff. 7-20-15.)
9 Section 5-37. The Downstate Public Transportation Act is
10amended by changing Sections 2-2.04, 2-3, and 2-6 as follows:
11 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
12 Sec. 2-2.04. "Eligible operating expenses" means all
13expenses required for public transportation, including
14employee wages and benefits, materials, fuels, supplies,
15rental of facilities, taxes other than income taxes, payment
16made for debt service (including principal and interest) on
17publicly owned equipment or facilities, and any other
18expenditure which is an operating expense according to standard
19accounting practices for the providing of public
20transportation. Eligible operating expenses shall not include
21allowances: (a) for depreciation whether funded or unfunded;
22(b) for amortization of any intangible costs; (c) for debt
23service on capital acquired with the assistance of capital
24grant funds provided by the State of Illinois; (d) for profits

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1or return on investment; (e) for excessive payment to
2associated entities; (f) for Comprehensive Employment Training
3Act expenses; (g) for costs reimbursed under Sections 6 and 8
4of the "Urban Mass Transportation Act of 1964", as amended; (h)
5for entertainment expenses; (i) for charter expenses; (j) for
6fines and penalties; (k) for charitable donations; (l) for
7interest expense on long term borrowing and debt retirement
8other than on publicly owned equipment or facilities; (m) for
9income taxes; or (n) for such other expenses as the Department
10may determine consistent with federal Department of
11Transportation regulations or requirements. In consultation
12with participants, the Department shall, by October 2008,
13promulgate or update rules, pursuant to the Illinois
14Administrative Procedure Act, concerning eligible expenses to
15ensure consistent application of the Act, and the Department
16shall provide written copies of those rules to all eligible
17recipients. The Department shall review this process in the
18same manner no less frequently than every 5 years.
19 With respect to participants other than any Metro-East
20Transit District participant and those receiving federal
21research development and demonstration funds pursuant to
22Section 6 of the "Urban Mass Transportation Act of 1964", as
23amended, during the fiscal year ending June 30, 1979, the
24maximum eligible operating expenses for any such participant in
25any fiscal year after Fiscal Year 1980 shall be the amount
26appropriated for such participant for the fiscal year ending

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1June 30, 1980, plus in each year a 10% increase over the
2maximum established for the preceding fiscal year. For Fiscal
3Year 1980 the maximum eligible operating expenses for any such
4participant shall be the amount of projected operating expenses
5upon which the appropriation for such participant for Fiscal
6Year 1980 is based.
7 With respect to participants receiving federal research
8development and demonstration operating assistance funds for
9operating assistance pursuant to Section 6 of the "Urban Mass
10Transportation Act of 1964", as amended, during the fiscal year
11ending June 30, 1979, the maximum eligible operating expenses
12for any such participant in any fiscal year after Fiscal Year
131980 shall not exceed such participant's eligible operating
14expenses for the fiscal year ending June 30, 1980, plus in each
15year a 10% increase over the maximum established for the
16preceding fiscal year. For Fiscal Year 1980, the maximum
17eligible operating expenses for any such participant shall be
18the eligible operating expenses incurred during such fiscal
19year, or projected operating expenses upon which the
20appropriation for such participant for the Fiscal Year 1980 is
21based; whichever is less.
22 With respect to all participants other than any Metro-East
23Transit District participant, the maximum eligible operating
24expenses for any such participant in any fiscal year after
25Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
26shall be the amount appropriated for such participant for the

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1fiscal year ending June 30, 1985, plus in each year a 10%
2increase over the maximum established for the preceding year.
3For Fiscal Year 1985, the maximum eligible operating expenses
4for any such participant shall be the amount of projected
5operating expenses upon which the appropriation for such
6participant for Fiscal Year 1985 is based.
7 With respect to any mass transit district participant that
8has increased its district boundaries by annexing counties
9since 1998 and is maintaining a level of local financial
10support, including all income and revenues, equal to or greater
11than the level in the State fiscal year ending June 30, 2001,
12the maximum eligible operating expenses for any State fiscal
13year after 2002 (except State fiscal years 2006 through 2009)
14shall be the amount appropriated for that participant for the
15State fiscal year ending June 30, 2002, plus, in each State
16fiscal year, a 10% increase over the preceding State fiscal
17year. For State fiscal year 2002, the maximum eligible
18operating expenses for any such participant shall be the amount
19of projected operating expenses upon which the appropriation
20for that participant for State fiscal year 2002 is based. For
21that participant, eligible operating expenses for State fiscal
22year 2002 in excess of the eligible operating expenses for the
23State fiscal year ending June 30, 2001, plus 10%, must be
24attributed to the provision of services in the newly annexed
25counties. The 10% mandatory appropriation increase for each
26State fiscal year shall not be applied in State fiscal year

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12018.
2 With respect to a participant that receives an initial
3appropriation in State fiscal year 2002 or thereafter, the
4maximum eligible operating expenses for any State fiscal year
5after 2003 (except State fiscal years 2006 through 2009) shall
6be the amount appropriated for that participant for the State
7fiscal year in which it received its initial appropriation,
8plus, in each year, a 10% increase over the preceding year. For
9the initial State fiscal year in which a participant received
10an appropriation, the maximum eligible operating expenses for
11any such participant shall be the amount of projected operating
12expenses upon which the appropriation for that participant for
13that State fiscal year is based. The 10% mandatory
14appropriation increase for each State fiscal year shall not be
15applied in State fiscal year 2018.
16 With respect to the District serving primarily the counties
17of Monroe and St. Clair, beginning July 1, 2005, the St. Clair
18County Transit District shall no longer be included for new
19appropriation funding purposes as part of the Metro-East Public
20Transportation Fund and instead shall be included for new
21appropriation funding purposes as part of the Downstate Public
22Transportation Fund; provided, however, that nothing herein
23shall alter the eligibility of that District for previously
24appropriated funds to which it would otherwise be entitled.
25 With respect to the District serving primarily Madison
26County, beginning July 1, 2008, the Madison County Transit

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1District shall no longer be included for new appropriation
2funding purposes as part of the Metro-East Public
3Transportation Fund and instead shall be included for new
4appropriation funding purposes as part of the Downstate Public
5Transportation Fund; provided, however, that nothing herein
6shall alter the eligibility of that District for previously
7appropriated funds to which it would otherwise be entitled.
8 With respect to the fiscal year beginning July 1, 2007, and
9thereafter, the following shall be included for new
10appropriation funding purposes as part of the Downstate Public
11Transportation Fund: Bond County; Bureau County; Coles County;
12Edgar County; Stephenson County and the City of Freeport; Henry
13County; Jo Daviess County; Kankakee and McLean Counties; Peoria
14County; Piatt County; Shelby County; Tazewell and Woodford
15Counties; Vermilion County; Williamson County; and Kendall
16County.
17(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
18 (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
19 Sec. 2-3. (a) Except as otherwise provided in subsection
20(f), as As soon as possible after the first day of each month,
21beginning July 1, 1984, upon certification of the Department of
22Revenue, the Comptroller shall order transferred, and the
23Treasurer shall transfer, from the General Revenue Fund to a
24special fund in the State Treasury which is hereby created, to
25be known as the "Downstate Public Transportation Fund", an

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1amount equal to 2/32 (beginning July 1, 2005, 3/32) of the net
2revenue realized from the "Retailers' Occupation Tax Act", as
3now or hereafter amended, the "Service Occupation Tax Act", as
4now or hereafter amended, the "Use Tax Act", as now or
5hereafter amended, and the "Service Use Tax Act", as now or
6hereafter amended, from persons incurring municipal or county
7retailers' or service occupation tax liability for the benefit
8of any municipality or county located wholly within the
9boundaries of each participant other than any Metro-East
10Transit District participant certified pursuant to subsection
11(c) of this Section during the preceding month, except that the
12Department shall pay into the Downstate Public Transportation
13Fund 2/32 (beginning July 1, 2005, 3/32) of 80% of the net
14revenue realized under the State tax Acts named above within
15any municipality or county located wholly within the boundaries
16of each participant, other than any Metro-East participant, for
17tax periods beginning on or after January 1, 1990. Net revenue
18realized for a month shall be the revenue collected by the
19State pursuant to such Acts during the previous month from
20persons incurring municipal or county retailers' or service
21occupation tax liability for the benefit of any municipality or
22county located wholly within the boundaries of a participant,
23less the amount paid out during that same month as refunds or
24credit memoranda to taxpayers for overpayment of liability
25under such Acts for the benefit of any municipality or county
26located wholly within the boundaries of a participant.

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1 (b) As soon as possible after the first day of each month,
2beginning July 1, 1989, upon certification of the Department of
3Revenue, the Comptroller shall order transferred, and the
4Treasurer shall transfer, from the General Revenue Fund to a
5special fund in the State Treasury which is hereby created, to
6be known as the "Metro-East Public Transportation Fund", an
7amount equal to 2/32 of the net revenue realized, as above,
8from within the boundaries of Madison, Monroe, and St. Clair
9Counties, except that the Department shall pay into the
10Metro-East Public Transportation Fund 2/32 of 80% of the net
11revenue realized under the State tax Acts specified in
12subsection (a) of this Section within the boundaries of
13Madison, Monroe and St. Clair Counties for tax periods
14beginning on or after January 1, 1990. A local match equivalent
15to an amount which could be raised by a tax levy at the rate of
16.05% on the assessed value of property within the boundaries of
17Madison County is required annually to cause a total of 2/32 of
18the net revenue to be deposited in the Metro-East Public
19Transportation Fund. Failure to raise the required local match
20annually shall result in only 1/32 being deposited into the
21Metro-East Public Transportation Fund after July 1, 1989, or
221/32 of 80% of the net revenue realized for tax periods
23beginning on or after January 1, 1990.
24 (b-5) Except as otherwise provided in subsection (f), as As
25soon as possible after the first day of each month, beginning
26July 1, 2005, upon certification of the Department of Revenue,

SB0042 Engrossed- 90 -LRB100 04925 MLM 14935 b
1the Comptroller shall order transferred, and the Treasurer
2shall transfer, from the General Revenue Fund to the Downstate
3Public Transportation Fund, an amount equal to 3/32 of 80% of
4the net revenue realized from within the boundaries of Monroe
5and St. Clair Counties under the State Tax Acts specified in
6subsection (a) of this Section and provided further that,
7beginning July 1, 2005, the provisions of subsection (b) shall
8no longer apply with respect to such tax receipts from Monroe
9and St. Clair Counties.
10 (b-6) Except as otherwise provided in subsection (f), as As
11soon as possible after the first day of each month, beginning
12July 1, 2008, upon certification by the Department of Revenue,
13the Comptroller shall order transferred and the Treasurer shall
14transfer, from the General Revenue Fund to the Downstate Public
15Transportation Fund, an amount equal to 3/32 of 80% of the net
16revenue realized from within the boundaries of Madison County
17under the State Tax Acts specified in subsection (a) of this
18Section and provided further that, beginning July 1, 2008, the
19provisions of subsection (b) shall no longer apply with respect
20to such tax receipts from Madison County.
21 (c) The Department shall certify to the Department of
22Revenue the eligible participants under this Article and the
23territorial boundaries of such participants for the purposes of
24the Department of Revenue in subsections (a) and (b) of this
25Section.
26 (d) For the purposes of this Article, beginning in fiscal

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1year 2009, for fiscal years other than State fiscal year 2018,
2the General Assembly shall appropriate an amount from the
3Downstate Public Transportation Fund equal to the sum total
4funds projected to be paid to the participants pursuant to
5Section 2-7. If the General Assembly fails to make
6appropriations sufficient to cover the amounts projected to be
7paid pursuant to Section 2-7, this Act shall constitute an
8irrevocable and continuing appropriation from the Downstate
9Public Transportation Fund of all amounts necessary for those
10purposes.
11 (e) Notwithstanding anything in this Section to the
12contrary, amounts transferred from the General Revenue Fund to
13the Downstate Public Transportation Fund pursuant to this
14Section shall not exceed $169,000,000 in State fiscal year
152012.
16 (f) Notwithstanding anything in this Section to the
17contrary, during each month of State fiscal year 2018, in lieu
18of the transfers required under subsections (a), (b-5), and
19(b-6), the Comptroller shall order transferred and the
20Treasurer shall transfer, from the General Revenue Fund to the
21Downstate Public Transportation Fund, an amount equal to the
22amount transferred from the General Revenue Fund to the
23Downstate Public Transportation Fund in the same month of the
24previous calendar year, including any deficiencies in
25transfers from prior months.
26(Source: P.A. 97-641, eff. 12-19-11.)

SB0042 Engrossed- 92 -LRB100 04925 MLM 14935 b
1 (30 ILCS 740/2-6) (from Ch. 111 2/3, par. 666)
2 Sec. 2-6. Allocation of funds.
3 (a) With respect to all participants other than any
4Metro-East Transit District participant, the Department shall
5allocate the funds to be made available to each participant
6under this Article for the following fiscal year and shall
7notify the chief official of each participant not later than
8the first day of the fiscal year of this amount. For Fiscal
9Year 1975, notification shall be made not later than January 1,
101975, of the amount of such allocation. In determining the
11allocation for each participant, the Department shall estimate
12the funds available to the participant from the Downstate
13Public Transportation Fund for the purposes of this Article
14during the succeeding fiscal year, and shall allocate to each
15participant the amount attributable to it which shall be the
16amount paid into the Downstate Public Transportation Fund under
17Section 2-3 from within its boundaries. Said allocations may be
18exceeded for participants receiving assistance equal to
19one-third of their eligible operating expenses, only if an
20allocation is less than one-third of such participant's
21eligible operating expenses, provided, however, that no other
22participant is denied its one-third of eligible operating
23expenses. Beginning in Fiscal Year 1997, said allocation may be
24exceeded for participants receiving assistance equal to the
25percentage of their eligible operating expenses provided for in

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1paragraph (b) of Section 2-7, only if allocation is less than
2the percentage of such participant's eligible operating
3expenses provided for in paragraph (b) of Section 2-7, provided
4however, that no other participant is denied its percentage of
5eligible operating expenses.
6 (b) With regard to any Metro-East Transit District
7organized under the Local Mass Transit District Act and serving
8one or more of the Counties of Madison, Monroe and St. Clair
9during Fiscal Year 1989, the Department shall allocate the
10funds to be made available to each participant for the
11following and succeeding fiscal years and shall notify the
12chief official of each participant not later than the first day
13of the fiscal year of this amount. Beginning July 1, 2005, and
14ending June 30, 2008, the Department shall allocate the amount
15paid into the Metro-East Public Transportation Fund to the
16District serving primarily the County of Madison.
17 (c) With respect to State fiscal year 2018, if the amount
18of required allocations to participants under this Section
19exceeds moneys available in the Downstate Public
20Transportation Fund for those purposes, then moneys available
21in the Downstate Public Transportation Fund shall be allocated
22to participants on a pro-rata basis.
23(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
24 Section 5-40. The Illinois Income Tax Act is amended by
25changing Section 901 as follows:

SB0042 Engrossed- 94 -LRB100 04925 MLM 14935 b
1 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
2 Sec. 901. Collection authority.
3 (a) In general.
4 The Department shall collect the taxes imposed by this Act.
5The Department shall collect certified past due child support
6amounts under Section 2505-650 of the Department of Revenue Law
7(20 ILCS 2505/2505-650). Except as provided in subsections (c),
8(e), (f), (g), and (h) of this Section, money collected
9pursuant to subsections (a) and (b) of Section 201 of this Act
10shall be paid into the General Revenue Fund in the State
11treasury; money collected pursuant to subsections (c) and (d)
12of Section 201 of this Act shall be paid into the Personal
13Property Tax Replacement Fund, a special fund in the State
14Treasury; and money collected under Section 2505-650 of the
15Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
16into the Child Support Enforcement Trust Fund, a special fund
17outside the State Treasury, or to the State Disbursement Unit
18established under Section 10-26 of the Illinois Public Aid
19Code, as directed by the Department of Healthcare and Family
20Services.
21 (b) Local Government Distributive Fund.
22 Beginning August 1, 1969, and continuing through June 30,
231994, the Treasurer shall transfer each month from the General
24Revenue Fund to a special fund in the State treasury, to be
25known as the "Local Government Distributive Fund", an amount

SB0042 Engrossed- 95 -LRB100 04925 MLM 14935 b
1equal to 1/12 of the net revenue realized from the tax imposed
2by subsections (a) and (b) of Section 201 of this Act during
3the preceding month. Beginning July 1, 1994, and continuing
4through June 30, 1995, the Treasurer shall transfer each month
5from the General Revenue Fund to the Local Government
6Distributive Fund an amount equal to 1/11 of the net revenue
7realized from the tax imposed by subsections (a) and (b) of
8Section 201 of this Act during the preceding month. Beginning
9July 1, 1995 and continuing through January 31, 2011, the
10Treasurer shall transfer each month from the General Revenue
11Fund to the Local Government Distributive Fund an amount equal
12to the net of (i) 1/10 of the net revenue realized from the tax
13imposed by subsections (a) and (b) of Section 201 of the
14Illinois Income Tax Act during the preceding month (ii) minus,
15beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
16and beginning July 1, 2004, zero. Beginning February 1, 2011,
17and continuing through January 31, 2015, the Treasurer shall
18transfer each month from the General Revenue Fund to the Local
19Government Distributive Fund an amount equal to the sum of (i)
206% (10% of the ratio of the 3% individual income tax rate prior
21to 2011 to the 5% individual income tax rate after 2010) of the
22net revenue realized from the tax imposed by subsections (a)
23and (b) of Section 201 of this Act upon individuals, trusts,
24and estates during the preceding month and (ii) 6.86% (10% of
25the ratio of the 4.8% corporate income tax rate prior to 2011
26to the 7% corporate income tax rate after 2010) of the net

SB0042 Engrossed- 96 -LRB100 04925 MLM 14935 b
1revenue realized from the tax imposed by subsections (a) and
2(b) of Section 201 of this Act upon corporations during the
3preceding month. Beginning February 1, 2015 and continuing
4through January 31, 2025 (but not including the period
5beginning on July 1, 2017 and ending on June 30, 2018), the
6Treasurer shall transfer each month from the General Revenue
7Fund to the Local Government Distributive Fund an amount equal
8to the sum of (i) 8% (10% of the ratio of the 3% individual
9income tax rate prior to 2011 to the 3.75% individual income
10tax rate after 2014) of the net revenue realized from the tax
11imposed by subsections (a) and (b) of Section 201 of this Act
12upon individuals, trusts, and estates during the preceding
13month and (ii) 9.14% (10% of the ratio of the 4.8% corporate
14income tax rate prior to 2011 to the 5.25% corporate income tax
15rate after 2014) of the net revenue realized from the tax
16imposed by subsections (a) and (b) of Section 201 of this Act
17upon corporations during the preceding month. Beginning July 1,
182017 and continuing through June 30, 2018, the Treasurer shall
19transfer each month from the General Revenue Fund to the Local
20Government Distributive Fund an amount equal to the amount
21transferred from the General Revenue Fund to the Local
22Government Distributive Fund in the same month of the previous
23calendar year, including any deficiencies in transfers from
24prior months. Beginning February 1, 2025, the Treasurer shall
25transfer each month from the General Revenue Fund to the Local
26Government Distributive Fund an amount equal to the sum of (i)

SB0042 Engrossed- 97 -LRB100 04925 MLM 14935 b
19.23% (10% of the ratio of the 3% individual income tax rate
2prior to 2011 to the 3.25% individual income tax rate after
32024) of the net revenue realized from the tax imposed by
4subsections (a) and (b) of Section 201 of this Act upon
5individuals, trusts, and estates during the preceding month and
6(ii) 10% of the net revenue realized from the tax imposed by
7subsections (a) and (b) of Section 201 of this Act upon
8corporations during the preceding month. Net revenue realized
9for a month shall be defined as the revenue from the tax
10imposed by subsections (a) and (b) of Section 201 of this Act
11which is deposited in the General Revenue Fund, the Education
12Assistance Fund, the Income Tax Surcharge Local Government
13Distributive Fund, the Fund for the Advancement of Education,
14and the Commitment to Human Services Fund during the month
15minus the amount paid out of the General Revenue Fund in State
16warrants during that same month as refunds to taxpayers for
17overpayment of liability under the tax imposed by subsections
18(a) and (b) of Section 201 of this Act.
19 Beginning on August 26, 2014 (the effective date of Public
20Act 98-1052), the Comptroller shall perform the transfers
21required by this subsection (b) no later than 60 days after he
22or she receives the certification from the Treasurer as
23provided in Section 1 of the State Revenue Sharing Act.
24 (c) Deposits Into Income Tax Refund Fund.
25 (1) Beginning on January 1, 1989 and thereafter, the
26 Department shall deposit a percentage of the amounts

SB0042 Engrossed- 98 -LRB100 04925 MLM 14935 b
1 collected pursuant to subsections (a) and (b)(1), (2), and
2 (3), of Section 201 of this Act into a fund in the State
3 treasury known as the Income Tax Refund Fund. The
4 Department shall deposit 6% of such amounts during the
5 period beginning January 1, 1989 and ending on June 30,
6 1989. Beginning with State fiscal year 1990 and for each
7 fiscal year thereafter, the percentage deposited into the
8 Income Tax Refund Fund during a fiscal year shall be the
9 Annual Percentage. For fiscal years 1999 through 2001, the
10 Annual Percentage shall be 7.1%. For fiscal year 2003, the
11 Annual Percentage shall be 8%. For fiscal year 2004, the
12 Annual Percentage shall be 11.7%. Upon the effective date
13 of this amendatory Act of the 93rd General Assembly, the
14 Annual Percentage shall be 10% for fiscal year 2005. For
15 fiscal year 2006, the Annual Percentage shall be 9.75%. For
16 fiscal year 2007, the Annual Percentage shall be 9.75%. For
17 fiscal year 2008, the Annual Percentage shall be 7.75%. For
18 fiscal year 2009, the Annual Percentage shall be 9.75%. For
19 fiscal year 2010, the Annual Percentage shall be 9.75%. For
20 fiscal year 2011, the Annual Percentage shall be 8.75%. For
21 fiscal year 2012, the Annual Percentage shall be 8.75%. For
22 fiscal year 2013, the Annual Percentage shall be 9.75%. For
23 fiscal year 2014, the Annual Percentage shall be 9.5%. For
24 fiscal year 2015, the Annual Percentage shall be 10%. For
25 fiscal year 2018, the Annual Percentage shall be 9.8%. For
26 all other fiscal years, the Annual Percentage shall be

SB0042 Engrossed- 99 -LRB100 04925 MLM 14935 b
1 calculated as a fraction, the numerator of which shall be
2 the amount of refunds approved for payment by the
3 Department during the preceding fiscal year as a result of
4 overpayment of tax liability under subsections (a) and
5 (b)(1), (2), and (3) of Section 201 of this Act plus the
6 amount of such refunds remaining approved but unpaid at the
7 end of the preceding fiscal year, minus the amounts
8 transferred into the Income Tax Refund Fund from the
9 Tobacco Settlement Recovery Fund, and the denominator of
10 which shall be the amounts which will be collected pursuant
11 to subsections (a) and (b)(1), (2), and (3) of Section 201
12 of this Act during the preceding fiscal year; except that
13 in State fiscal year 2002, the Annual Percentage shall in
14 no event exceed 7.6%. The Director of Revenue shall certify
15 the Annual Percentage to the Comptroller on the last
16 business day of the fiscal year immediately preceding the
17 fiscal year for which it is to be effective.
18 (2) Beginning on January 1, 1989 and thereafter, the
19 Department shall deposit a percentage of the amounts
20 collected pursuant to subsections (a) and (b)(6), (7), and
21 (8), (c) and (d) of Section 201 of this Act into a fund in
22 the State treasury known as the Income Tax Refund Fund. The
23 Department shall deposit 18% of such amounts during the
24 period beginning January 1, 1989 and ending on June 30,
25 1989. Beginning with State fiscal year 1990 and for each
26 fiscal year thereafter, the percentage deposited into the

SB0042 Engrossed- 100 -LRB100 04925 MLM 14935 b
1 Income Tax Refund Fund during a fiscal year shall be the
2 Annual Percentage. For fiscal years 1999, 2000, and 2001,
3 the Annual Percentage shall be 19%. For fiscal year 2003,
4 the Annual Percentage shall be 27%. For fiscal year 2004,
5 the Annual Percentage shall be 32%. Upon the effective date
6 of this amendatory Act of the 93rd General Assembly, the
7 Annual Percentage shall be 24% for fiscal year 2005. For
8 fiscal year 2006, the Annual Percentage shall be 20%. For
9 fiscal year 2007, the Annual Percentage shall be 17.5%. For
10 fiscal year 2008, the Annual Percentage shall be 15.5%. For
11 fiscal year 2009, the Annual Percentage shall be 17.5%. For
12 fiscal year 2010, the Annual Percentage shall be 17.5%. For
13 fiscal year 2011, the Annual Percentage shall be 17.5%. For
14 fiscal year 2012, the Annual Percentage shall be 17.5%. For
15 fiscal year 2013, the Annual Percentage shall be 14%. For
16 fiscal year 2014, the Annual Percentage shall be 13.4%. For
17 fiscal year 2015, the Annual Percentage shall be 14%. For
18 fiscal year 2018, the Annual Percentage shall be 17.5%. For
19 all other fiscal years, the Annual Percentage shall be
20 calculated as a fraction, the numerator of which shall be
21 the amount of refunds approved for payment by the
22 Department during the preceding fiscal year as a result of
23 overpayment of tax liability under subsections (a) and
24 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
25 Act plus the amount of such refunds remaining approved but
26 unpaid at the end of the preceding fiscal year, and the

SB0042 Engrossed- 101 -LRB100 04925 MLM 14935 b
1 denominator of which shall be the amounts which will be
2 collected pursuant to subsections (a) and (b)(6), (7), and
3 (8), (c) and (d) of Section 201 of this Act during the
4 preceding fiscal year; except that in State fiscal year
5 2002, the Annual Percentage shall in no event exceed 23%.
6 The Director of Revenue shall certify the Annual Percentage
7 to the Comptroller on the last business day of the fiscal
8 year immediately preceding the fiscal year for which it is
9 to be effective.
10 (3) The Comptroller shall order transferred and the
11 Treasurer shall transfer from the Tobacco Settlement
12 Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
13 in January, 2001, (ii) $35,000,000 in January, 2002, and
14 (iii) $35,000,000 in January, 2003.
15 (d) Expenditures from Income Tax Refund Fund.
16 (1) Beginning January 1, 1989, money in the Income Tax
17 Refund Fund shall be expended exclusively for the purpose
18 of paying refunds resulting from overpayment of tax
19 liability under Section 201 of this Act, for paying rebates
20 under Section 208.1 in the event that the amounts in the
21 Homeowners' Tax Relief Fund are insufficient for that
22 purpose, and for making transfers pursuant to this
23 subsection (d).
24 (2) The Director shall order payment of refunds
25 resulting from overpayment of tax liability under Section
26 201 of this Act from the Income Tax Refund Fund only to the

SB0042 Engrossed- 102 -LRB100 04925 MLM 14935 b
1 extent that amounts collected pursuant to Section 201 of
2 this Act and transfers pursuant to this subsection (d) and
3 item (3) of subsection (c) have been deposited and retained
4 in the Fund.
5 (3) As soon as possible after the end of each fiscal
6 year, the Director shall order transferred and the State
7 Treasurer and State Comptroller shall transfer from the
8 Income Tax Refund Fund to the Personal Property Tax
9 Replacement Fund an amount, certified by the Director to
10 the Comptroller, equal to the excess of the amount
11 collected pursuant to subsections (c) and (d) of Section
12 201 of this Act deposited into the Income Tax Refund Fund
13 during the fiscal year over the amount of refunds resulting
14 from overpayment of tax liability under subsections (c) and
15 (d) of Section 201 of this Act paid from the Income Tax
16 Refund Fund during the fiscal year.
17 (4) As soon as possible after the end of each fiscal
18 year, the Director shall order transferred and the State
19 Treasurer and State Comptroller shall transfer from the
20 Personal Property Tax Replacement Fund to the Income Tax
21 Refund Fund an amount, certified by the Director to the
22 Comptroller, equal to the excess of the amount of refunds
23 resulting from overpayment of tax liability under
24 subsections (c) and (d) of Section 201 of this Act paid
25 from the Income Tax Refund Fund during the fiscal year over
26 the amount collected pursuant to subsections (c) and (d) of

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1 Section 201 of this Act deposited into the Income Tax
2 Refund Fund during the fiscal year.
3 (4.5) As soon as possible after the end of fiscal year
4 1999 and of each fiscal year thereafter, the Director shall
5 order transferred and the State Treasurer and State
6 Comptroller shall transfer from the Income Tax Refund Fund
7 to the General Revenue Fund any surplus remaining in the
8 Income Tax Refund Fund as of the end of such fiscal year;
9 excluding for fiscal years 2000, 2001, and 2002 amounts
10 attributable to transfers under item (3) of subsection (c)
11 less refunds resulting from the earned income tax credit.
12 (5) This Act shall constitute an irrevocable and
13 continuing appropriation from the Income Tax Refund Fund
14 for the purpose of paying refunds upon the order of the
15 Director in accordance with the provisions of this Section.
16 (e) Deposits into the Education Assistance Fund and the
17Income Tax Surcharge Local Government Distributive Fund.
18 On July 1, 1991, and thereafter, of the amounts collected
19pursuant to subsections (a) and (b) of Section 201 of this Act,
20minus deposits into the Income Tax Refund Fund, the Department
21shall deposit 7.3% into the Education Assistance Fund in the
22State Treasury. Beginning July 1, 1991, and continuing through
23January 31, 1993, of the amounts collected pursuant to
24subsections (a) and (b) of Section 201 of the Illinois Income
25Tax Act, minus deposits into the Income Tax Refund Fund, the
26Department shall deposit 3.0% into the Income Tax Surcharge

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1Local Government Distributive Fund in the State Treasury.
2Beginning February 1, 1993 and continuing through June 30,
31993, of the amounts collected pursuant to subsections (a) and
4(b) of Section 201 of the Illinois Income Tax Act, minus
5deposits into the Income Tax Refund Fund, the Department shall
6deposit 4.4% into the Income Tax Surcharge Local Government
7Distributive Fund in the State Treasury. Beginning July 1,
81993, and continuing through June 30, 1994, of the amounts
9collected under subsections (a) and (b) of Section 201 of this
10Act, minus deposits into the Income Tax Refund Fund, the
11Department shall deposit 1.475% into the Income Tax Surcharge
12Local Government Distributive Fund in the State Treasury.
13 (f) Deposits into the Fund for the Advancement of
14Education. Beginning February 1, 2015, the Department shall
15deposit the following portions of the revenue realized from the
16tax imposed upon individuals, trusts, and estates by
17subsections (a) and (b) of Section 201 of this Act during the
18preceding month, minus deposits into the Income Tax Refund
19Fund, into the Fund for the Advancement of Education:
20 (1) beginning February 1, 2015, and prior to February
21 1, 2025, 1/30; and
22 (2) beginning February 1, 2025, 1/26.
23 If the rate of tax imposed by subsection (a) and (b) of
24Section 201 is reduced pursuant to Section 201.5 of this Act,
25the Department shall not make the deposits required by this
26subsection (f) on or after the effective date of the reduction.

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1 (g) Deposits into the Commitment to Human Services Fund.
2Beginning February 1, 2015, the Department shall deposit the
3following portions of the revenue realized from the tax imposed
4upon individuals, trusts, and estates by subsections (a) and
5(b) of Section 201 of this Act during the preceding month,
6minus deposits into the Income Tax Refund Fund, into the
7Commitment to Human Services Fund:
8 (1) beginning February 1, 2015, and prior to February
9 1, 2025, 1/30; and
10 (2) beginning February 1, 2025, 1/26.
11 If the rate of tax imposed by subsection (a) and (b) of
12Section 201 is reduced pursuant to Section 201.5 of this Act,
13the Department shall not make the deposits required by this
14subsection (g) on or after the effective date of the reduction.
15 (h) Deposits into the Tax Compliance and Administration
16Fund. Beginning on the first day of the first calendar month to
17occur on or after August 26, 2014 (the effective date of Public
18Act 98-1098), each month the Department shall pay into the Tax
19Compliance and Administration Fund, to be used, subject to
20appropriation, to fund additional auditors and compliance
21personnel at the Department, an amount equal to 1/12 of 5% of
22the cash receipts collected during the preceding fiscal year by
23the Audit Bureau of the Department from the tax imposed by
24subsections (a), (b), (c), and (d) of Section 201 of this Act,
25net of deposits into the Income Tax Refund Fund made from those
26cash receipts.

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1(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
298-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.
37-20-15.)
4 Section 5-43. The Regional Transportation Authority Act is
5amended by changing Section 4.09 as follows:
6 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
7 Sec. 4.09. Public Transportation Fund and the Regional
8Transportation Authority Occupation and Use Tax Replacement
9Fund.
10 (a)(1) Except as otherwise provided in paragraph (4), as As
11soon as possible after the first day of each month, beginning
12July 1, 1984, upon certification of the Department of Revenue,
13the Comptroller shall order transferred and the Treasurer shall
14transfer from the General Revenue Fund to a special fund in the
15State Treasury to be known as the Public Transportation Fund an
16amount equal to 25% of the net revenue, before the deduction of
17the serviceman and retailer discounts pursuant to Section 9 of
18the Service Occupation Tax Act and Section 3 of the Retailers'
19Occupation Tax Act, realized from any tax imposed by the
20Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
21amounts deposited into the Regional Transportation Authority
22tax fund created by Section 4.03 of this Act, from the County
23and Mass Transit District Fund as provided in Section 6z-20 of
24the State Finance Act and 25% of the amounts deposited into the

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1Regional Transportation Authority Occupation and Use Tax
2Replacement Fund from the State and Local Sales Tax Reform Fund
3as provided in Section 6z-17 of the State Finance Act. On the
4first day of the month following the date that the Department
5receives revenues from increased taxes under Section 4.03(m) as
6authorized by this amendatory Act of the 95th General Assembly,
7in lieu of the transfers authorized in the preceding sentence,
8upon certification of the Department of Revenue, the
9Comptroller shall order transferred and the Treasurer shall
10transfer from the General Revenue Fund to the Public
11Transportation Fund an amount equal to 25% of the net revenue,
12before the deduction of the serviceman and retailer discounts
13pursuant to Section 9 of the Service Occupation Tax Act and
14Section 3 of the Retailers' Occupation Tax Act, realized from
15(i) 80% of the proceeds of any tax imposed by the Authority at
16a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any
17tax imposed by the Authority at the rate of 1% in Cook County,
18and (iii) one-third of the proceeds of any tax imposed by the
19Authority at the rate of 0.75% in the Counties of DuPage, Kane,
20Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
21of the net revenue realized from any tax imposed by the
22Authority pursuant to Section 4.03.1, and 25% of the amounts
23deposited into the Regional Transportation Authority tax fund
24created by Section 4.03 of this Act from the County and Mass
25Transit District Fund as provided in Section 6z-20 of the State
26Finance Act, and 25% of the amounts deposited into the Regional

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1Transportation Authority Occupation and Use Tax Replacement
2Fund from the State and Local Sales Tax Reform Fund as provided
3in Section 6z-17 of the State Finance Act. As used in this
4Section, net revenue realized for a month shall be the revenue
5collected by the State pursuant to Sections 4.03 and 4.03.1
6during the previous month from within the metropolitan region,
7less the amount paid out during that same month as refunds to
8taxpayers for overpayment of liability in the metropolitan
9region under Sections 4.03 and 4.03.1.
10 (2) Except as otherwise provided in paragraph (4), on On
11the first day of the month following the effective date of this
12amendatory Act of the 95th General Assembly and each month
13thereafter, upon certification by the Department of Revenue,
14the Comptroller shall order transferred and the Treasurer shall
15transfer from the General Revenue Fund to the Public
16Transportation Fund an amount equal to 5% of the net revenue,
17before the deduction of the serviceman and retailer discounts
18pursuant to Section 9 of the Service Occupation Tax Act and
19Section 3 of the Retailers' Occupation Tax Act, realized from
20any tax imposed by the Authority pursuant to Sections 4.03 and
214.03.1 and certified by the Department of Revenue under Section
224.03(n) of this Act to be paid to the Authority and 5% of the
23amounts deposited into the Regional Transportation Authority
24tax fund created by Section 4.03 of this Act from the County
25and Mass Transit District Fund as provided in Section 6z-20 of
26the State Finance Act, and 5% of the amounts deposited into the

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1Regional Transportation Authority Occupation and Use Tax
2Replacement Fund from the State and Local Sales Tax Reform Fund
3as provided in Section 6z-17 of the State Finance Act, and 5%
4of the revenue realized by the Chicago Transit Authority as
5financial assistance from the City of Chicago from the proceeds
6of any tax imposed by the City of Chicago under Section 8-3-19
7of the Illinois Municipal Code.
8 (3) Except as otherwise provided in paragraph (4), as As
9soon as possible after the first day of January, 2009 and each
10month thereafter, upon certification of the Department of
11Revenue with respect to the taxes collected under Section 4.03,
12the Comptroller shall order transferred and the Treasurer shall
13transfer from the General Revenue Fund to the Public
14Transportation Fund an amount equal to 25% of the net revenue,
15before the deduction of the serviceman and retailer discounts
16pursuant to Section 9 of the Service Occupation Tax Act and
17Section 3 of the Retailers' Occupation Tax Act, realized from
18(i) 20% of the proceeds of any tax imposed by the Authority at
19a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
20tax imposed by the Authority at the rate of 1% in Cook County,
21and (iii) one-third of the proceeds of any tax imposed by the
22Authority at the rate of 0.75% in the Counties of DuPage, Kane,
23Lake, McHenry, and Will, all pursuant to Section 4.03, and the
24Comptroller shall order transferred and the Treasurer shall
25transfer from the General Revenue Fund to the Public
26Transportation Fund (iv) an amount equal to 25% of the revenue

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1realized by the Chicago Transit Authority as financial
2assistance from the City of Chicago from the proceeds of any
3tax imposed by the City of Chicago under Section 8-3-19 of the
4Illinois Municipal Code.
5 (4) Notwithstanding any provision of law to the contrary,
6during State fiscal year 2018 only, of the transfers to be made
7under paragraphs (1) and (3) of this subsection (a) from the
8General Revenue Fund to the Public Transportation Fund, the
9first $100,000,000 that would have otherwise been transferred
10from the General Revenue Fund shall be transferred from the
11Road Fund. The remaining balance of such transfers shall be
12made from the General Revenue Fund.
13 (b)(1) All moneys deposited in the Public Transportation
14Fund and the Regional Transportation Authority Occupation and
15Use Tax Replacement Fund, whether deposited pursuant to this
16Section or otherwise, are allocated to the Authority. The
17Comptroller, as soon as possible after each monthly transfer
18provided in this Section and after each deposit into the Public
19Transportation Fund, shall order the Treasurer to pay to the
20Authority out of the Public Transportation Fund the amount so
21transferred or deposited. Any Additional State Assistance and
22Additional Financial Assistance paid to the Authority under
23this Section shall be expended by the Authority for its
24purposes as provided in this Act. The balance of the amounts
25paid to the Authority from the Public Transportation Fund shall
26be expended by the Authority as provided in Section 4.03.3. The

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

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

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1 2002$35,000,000;
2 2003$54,000,000;
3 2004$73,000,000;
4 2005$93,000,000; and
5 each year thereafter$100,000,000.
6 (d) Beginning with State fiscal year 1990 and continuing
7for each State fiscal year thereafter, the Authority shall
8annually certify to the State Comptroller and State Treasurer,
9separately with respect to each of subdivisions (g)(2) and
10(g)(3) of Section 4.04 of this Act, the following amounts:
11 (1) The amount necessary and required, during the State
12 fiscal year with respect to which the certification is
13 made, to pay its obligations for debt service on all
14 outstanding bonds or notes issued by the Authority under
15 subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
16 (2) An estimate of the amount necessary and required to
17 pay its obligations for debt service for any bonds or notes
18 which the Authority anticipates it will issue under
19 subdivisions (g)(2) and (g)(3) of Section 4.04 during that
20 State fiscal year.
21 (3) Its debt service savings during the preceding State
22 fiscal year from refunding or advance refunding of bonds or
23 notes issued under subdivisions (g)(2) and (g)(3) of
24 Section 4.04.
25 (4) The amount of interest, if any, earned by the
26 Authority during the previous State fiscal year on the

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1 proceeds of bonds or notes issued pursuant to subdivisions
2 (g)(2) and (g)(3) of Section 4.04, other than refunding or
3 advance refunding bonds or notes.
4 The certification shall include a specific schedule of debt
5service payments, including the date and amount of each payment
6for all outstanding bonds or notes and an estimated schedule of
7anticipated debt service for all bonds and notes it intends to
8issue, if any, during that State fiscal year, including the
9estimated date and estimated amount of each payment.
10 Immediately upon the issuance of bonds for which an
11estimated schedule of debt service payments was prepared, the
12Authority shall file an amended certification with respect to
13item (2) above, to specify the actual schedule of debt service
14payments, including the date and amount of each payment, for
15the remainder of the State fiscal year.
16 On the first day of each month of the State fiscal year in
17which there are bonds outstanding with respect to which the
18certification is made, the State Comptroller shall order
19transferred and the State Treasurer shall transfer from the
20Road General Revenue Fund to the Public Transportation Fund the
21Additional State Assistance and Additional Financial
22Assistance in an amount equal to the aggregate of (i)
23one-twelfth of the sum of the amounts certified under items (1)
24and (3) above less the amount certified under item (4) above,
25plus (ii) the amount required to pay debt service on bonds and
26notes issued during the fiscal year, if any, divided by the

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1number of months remaining in the fiscal year after the date of
2issuance, or some smaller portion as may be necessary under
3subsection (c) or (c-5) of this Section for the relevant State
4fiscal year, plus (iii) any cumulative deficiencies in
5transfers for prior months, until an amount equal to the sum of
6the amounts certified under items (1) and (3) above, plus the
7actual debt service certified under item (2) above, less the
8amount certified under item (4) above, has been transferred;
9except that these transfers are subject to the following
10limits:
11 (A) In no event shall the total transfers in any State
12 fiscal year relating to outstanding bonds and notes issued
13 by the Authority under subdivision (g)(2) of Section 4.04
14 exceed the lesser of the annual maximum amount specified in
15 subsection (c) or the sum of the amounts certified under
16 items (1) and (3) above, plus the actual debt service
17 certified under item (2) above, less the amount certified
18 under item (4) above, with respect to those bonds and
19 notes.
20 (B) 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)(3) of Section 4.04
23 exceed the lesser of the annual maximum amount specified in
24 subsection (c-5) 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

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

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1 the aggregate of all costs of providing such public
2 transportation. "System generated revenues" include all
3 the proceeds of fares and charges for services provided,
4 contributions received in connection with public
5 transportation from units of local government other than
6 the Authority, except for contributions received by the
7 Chicago Transit Authority from a real estate transfer tax
8 imposed under subsection (i) of Section 8-3-19 of the
9 Illinois Municipal Code, and from the State pursuant to
10 subsection (i) of Section 2705-305 of the Department of
11 Transportation Law (20 ILCS 2705/2705-305), and all other
12 revenues properly included consistent with generally
13 accepted accounting principles but may not include: the
14 proceeds from any borrowing, and, beginning with the 2007
15 fiscal year, all revenues and receipts, including but not
16 limited to fares and grants received from the federal,
17 State or any unit of local government or other entity,
18 derived from providing ADA paratransit service pursuant to
19 Section 2.30 of the Regional Transportation Authority Act.
20 "Costs" include all items properly included as operating
21 costs consistent with generally accepted accounting
22 principles, including administrative costs, but do not
23 include: depreciation; payment of principal and interest
24 on bonds, notes or other evidences of obligations for
25 borrowed money of the Authority; payments with respect to
26 public transportation facilities made pursuant to

SB0042 Engrossed- 118 -LRB100 04925 MLM 14935 b
1 subsection (b) of Section 2.20; any payments with respect
2 to rate protection contracts, credit enhancements or
3 liquidity agreements made under Section 4.14; any other
4 cost as to which it is reasonably expected that a cash
5 expenditure will not be made; costs for passenger security
6 including grants, contracts, personnel, equipment and
7 administrative expenses, except in the case of the Chicago
8 Transit Authority, in which case the term does not include
9 costs spent annually by that entity for protection against
10 crime as required by Section 27a of the Metropolitan
11 Transit Authority Act; the costs of Debt Service paid by
12 the Chicago Transit Authority, as defined in Section 12c of
13 the Metropolitan Transit Authority Act, or bonds or notes
14 issued pursuant to that Section; the payment by the
15 Commuter Rail Division of debt service on bonds issued
16 pursuant to Section 3B.09; expenses incurred by the
17 Suburban Bus Division for the cost of new public
18 transportation services funded from grants pursuant to
19 Section 2.01e of this amendatory Act of the 95th General
20 Assembly for a period of 2 years from the date of
21 initiation of each such service; costs as exempted by the
22 Board for projects pursuant to Section 2.09 of this Act;
23 or, beginning with the 2007 fiscal year, expenses related
24 to providing ADA paratransit service pursuant to Section
25 2.30 of the Regional Transportation Authority Act; or in
26 fiscal years 2008 through 2012 inclusive, costs in the

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1 amount of $200,000,000 in fiscal year 2008, reducing by
2 $40,000,000 in each fiscal year thereafter until this
3 exemption is eliminated. If said system generated revenues
4 are less than 50% of said costs, the Board shall remit an
5 amount equal to the amount of the deficit to the State. The
6 Treasurer shall deposit any such payment in the Road
7 General Revenue Fund; and
8 (ii) whether, beginning with the 2007 fiscal year, the
9 aggregate of all fares charged and received for ADA
10 paratransit services equals the system generated ADA
11 paratransit services revenue recovery ratio percentage of
12 the aggregate of all costs of providing such ADA
13 paratransit services.
14 (h) If the Authority makes any payment to the State under
15paragraph (g), the Authority shall reduce the amount provided
16to a Service Board from funds transferred under paragraph (a)
17in proportion to the amount by which that Service Board failed
18to meet its required system generated revenues recovery ratio.
19A Service Board which is affected by a reduction in funds under
20this paragraph shall submit to the Authority concurrently with
21its next due quarterly report a revised budget incorporating
22the reduction in funds. The revised budget must meet the
23criteria specified in clauses (i) through (vi) of Section
244.11(b)(2). The Board shall review and act on the revised
25budget as provided in Section 4.11(b)(3).
26(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;

SB0042 Engrossed- 120 -LRB100 04925 MLM 14935 b
195-906, eff. 8-26-08.)
2 Section 5-50. The Public Community College Act is amended
3by changing Section 5-11 as follows:
4 (110 ILCS 805/5-11) (from Ch. 122, par. 105-11)
5 Sec. 5-11. Any public community college which subsequent to
6July 1, 1972 but before July 1, 2016, commenced construction of
7any facilities approved by the State Board and the Illinois
8Board of Higher Education may, after completion thereof, apply
9to the State for a grant for expenditures made by the community
10college from its own funds for building purposes for such
11facilities in excess of 25% of the cost of such facilities as
12approved by the State Board and the Illinois Board of Higher
13Education. Any public community college that, on or after July
141, 2016, commenced construction of any facilities approved by
15the State Board may, after completion thereof, apply to the
16State for a grant for expenditures made by the community
17college from its own funds for building purposes for such
18facilities in excess of 25% of the cost of such facilities as
19approved by the State Board. A grant shall be contingent upon
20said community college having otherwise complied with Sections
215-3, 5-4, 5-5 and 5-10 of this Act.
22 If any payments or contributions of any kind which are
23based upon, or are to be applied to, the cost of such
24construction are received from the Federal government, or an

SB0042 Engrossed- 121 -LRB100 04925 MLM 14935 b
1agency thereof, subsequent to receipt of the grant herein
2provided, the amount of such subsequent payment or
3contributions shall be paid over to the Capital Development
4Board by the community college for deposit in the Capital
5Development Board Contributory Trust Bond Interest and
6Retirement Fund.
7(Source: P.A. 99-655, eff. 7-28-16.)
8 Section 5-55. The Nurse Practice Act is amended by changing
9Section 70-50 as follows:
10 (225 ILCS 65/70-50) (was 225 ILCS 65/20-40)
11 (Section scheduled to be repealed on January 1, 2018)
12 Sec. 70-50. Fund.
13 (a) There is hereby created within the State Treasury the
14Nursing Dedicated and Professional Fund. The monies in the Fund
15may be used by and at the direction of the Department for the
16administration and enforcement of this Act, including but not
17limited to:
18 (1) Distribution and publication of this Act and rules.
19 (2) Employment of secretarial, nursing,
20 administrative, enforcement, and other staff for the
21 administration of this Act.
22 (b) Disposition of fees:
23 (1) $5 of every licensure fee shall be placed in a fund
24 for assistance to nurses enrolled in a diversionary program

SB0042 Engrossed- 122 -LRB100 04925 MLM 14935 b
1 as approved by the Department.
2 (2) All of the fees, fines, and penalties collected
3 pursuant to this Act shall be deposited in the Nursing
4 Dedicated and Professional Fund.
5 (3) Each fiscal year, the moneys deposited in the
6 Nursing Dedicated and Professional Fund shall be
7 appropriated to the Department for expenses of the
8 Department and the Board in the administration of this Act.
9 All earnings received from investment of moneys in the
10 Nursing Dedicated and Professional Fund shall be deposited
11 in the Nursing Dedicated and Professional Fund and shall be
12 used for the same purposes as fees deposited in the Fund.
13 (4) For the fiscal year beginning July 1, 2009 and for
14 each fiscal year thereafter, $2,000,000 of the moneys
15 deposited in the Nursing Dedicated and Professional Fund
16 each year shall be set aside and appropriated to the
17 Department of Public Health for nursing scholarships
18 awarded pursuant to the Nursing Education Scholarship Law.
19 Representatives of the Department and the Nursing
20 Education Scholarship Program Advisory Council shall
21 review this requirement and the scholarship awards every 2
22 years.
23 (5) Moneys in the Fund may be transferred to the
24 Professions Indirect Cost Fund as authorized under Section
25 2105-300 of the Department of Professional Regulation Law
26 (20 ILCS 2105/2105-300).

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1 (6) For the fiscal year beginning July 1, 2017, a
2 portion of the moneys deposited in the Nursing Dedicated
3 and Professional Fund shall be appropriated to the Board of
4 Higher Education, the Illinois Community College Board,
5 and the Illinois Student Assistance Commission for grants
6 and programs to support nursing education.
7 (c) Moneys set aside for nursing scholarships awarded
8pursuant to the Nursing Education Scholarship Law as provided
9in item (4) of subsection (b) of this Section may not be
10transferred under Section 8h of the State Finance Act.
11(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
1296-328, eff. 8-11-09; 96-805, eff. 10-30-09.)
13 Section 5-60. The Illinois Public Aid Code is amended by
14adding Section 5-5.4i as follows:
15 (305 ILCS 5/5-5.4i new)
16 Sec. 5-5.4i. Rates and reimbursements. On or before July 1,
172018, the Department shall increase rates and reimbursements to
18fund a minimum of a $0.50 per hour wage increase for front-line
19personnel, including, but not limited to, direct support
20persons, aides, front-line supervisors, qualified intellectual
21disabilities professionals, nurses, and non-administrative
22support staff working in community-based provider
23organizations serving individuals with developmental
24disabilities.

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1
ARTICLE 10. RETIREMENT CONTRIBUTIONS
2 Section 10-5. The State Finance Act is amended by changing
3Sections 8.12 and 14.1 as follows:
4 (30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
5 Sec. 8.12. State Pensions Fund.
6 (a) The moneys in the State Pensions Fund shall be used
7exclusively for the administration of the Uniform Disposition
8of Unclaimed Property Act and for the expenses incurred by the
9Auditor General for administering the provisions of Section
102-8.1 of the Illinois State Auditing Act and for the funding of
11the unfunded liabilities of the designated retirement systems.
12Beginning in State fiscal year 2019 2018, payments to the
13designated retirement systems under this Section shall be in
14addition to, and not in lieu of, any State contributions
15required under the Illinois Pension Code.
16 "Designated retirement systems" means:
17 (1) the State Employees' Retirement System of
18 Illinois;
19 (2) the Teachers' Retirement System of the State of
20 Illinois;
21 (3) the State Universities Retirement System;
22 (4) the Judges Retirement System of Illinois; and
23 (5) the General Assembly Retirement System.

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1 (b) Each year the General Assembly may make appropriations
2from the State Pensions Fund for the administration of the
3Uniform Disposition of Unclaimed Property Act.
4 Each month, the Commissioner of the Office of Banks and
5Real Estate shall certify to the State Treasurer the actual
6expenditures that the Office of Banks and Real Estate incurred
7conducting unclaimed property examinations under the Uniform
8Disposition of Unclaimed Property Act during the immediately
9preceding month. Within a reasonable time following the
10acceptance of such certification by the State Treasurer, the
11State Treasurer shall pay from its appropriation from the State
12Pensions Fund to the Bank and Trust Company Fund, the Savings
13Bank Regulatory Fund, and the Residential Finance Regulatory
14Fund an amount equal to the expenditures incurred by each Fund
15for that month.
16 Each month, the Director of Financial Institutions shall
17certify to the State Treasurer the actual expenditures that the
18Department of Financial Institutions incurred conducting
19unclaimed property examinations under the Uniform Disposition
20of Unclaimed Property Act during the immediately preceding
21month. Within a reasonable time following the acceptance of
22such certification by the State Treasurer, the State Treasurer
23shall pay from its appropriation from the State Pensions Fund
24to the Financial Institution Fund and the Credit Union Fund an
25amount equal to the expenditures incurred by each Fund for that
26month.

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1 (c) As soon as possible after the effective date of this
2amendatory Act of the 93rd General Assembly, the General
3Assembly shall appropriate from the State Pensions Fund (1) to
4the State Universities Retirement System the amount certified
5under Section 15-165 during the prior year, (2) to the Judges
6Retirement System of Illinois the amount certified under
7Section 18-140 during the prior year, and (3) to the General
8Assembly Retirement System the amount certified under Section
92-134 during the prior year as part of the required State
10contributions to each of those designated retirement systems;
11except that amounts appropriated under this subsection (c) in
12State fiscal year 2005 shall not reduce the amount in the State
13Pensions Fund below $5,000,000. If the amount in the State
14Pensions Fund does not exceed the sum of the amounts certified
15in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
16the amount paid to each designated retirement system under this
17subsection shall be reduced in proportion to the amount
18certified by each of those designated retirement systems.
19 (c-5) For fiscal years 2006 through 2018 2017, the General
20Assembly shall appropriate from the State Pensions Fund to the
21State Universities Retirement System the amount estimated to be
22available during the fiscal year in the State Pensions Fund;
23provided, however, that the amounts appropriated under this
24subsection (c-5) shall not reduce the amount in the State
25Pensions Fund below $5,000,000.
26 (c-6) For fiscal year 2019 2018 and each fiscal year

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1thereafter, as soon as may be practical after any money is
2deposited into the State Pensions Fund from the Unclaimed
3Property Trust Fund, the State Treasurer shall apportion the
4deposited amount among the designated retirement systems as
5defined in subsection (a) to reduce their actuarial reserve
6deficiencies. The State Comptroller and State Treasurer shall
7pay the apportioned amounts to the designated retirement
8systems to fund the unfunded liabilities of the designated
9retirement systems. The amount apportioned to each designated
10retirement system shall constitute a portion of the amount
11estimated to be available for appropriation from the State
12Pensions Fund that is the same as that retirement system's
13portion of the total actual reserve deficiency of the systems,
14as determined annually by the Governor's Office of Management
15and Budget at the request of the State Treasurer. The amounts
16apportioned under this subsection shall not reduce the amount
17in the State Pensions Fund below $5,000,000.
18 (d) The Governor's Office of Management and Budget shall
19determine the individual and total reserve deficiencies of the
20designated retirement systems. For this purpose, the
21Governor's Office of Management and Budget shall utilize the
22latest available audit and actuarial reports of each of the
23retirement systems and the relevant reports and statistics of
24the Public Employee Pension Fund Division of the Department of
25Insurance.
26 (d-1) As soon as practicable after the effective date of

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1this amendatory Act of the 93rd General Assembly, the
2Comptroller shall direct and the Treasurer shall transfer from
3the State Pensions Fund to the General Revenue Fund, as funds
4become available, a sum equal to the amounts that would have
5been paid from the State Pensions Fund to the Teachers'
6Retirement System of the State of Illinois, the State
7Universities Retirement System, the Judges Retirement System
8of Illinois, the General Assembly Retirement System, and the
9State Employees' Retirement System of Illinois after the
10effective date of this amendatory Act during the remainder of
11fiscal year 2004 to the designated retirement systems from the
12appropriations provided for in this Section if the transfers
13provided in Section 6z-61 had not occurred. The transfers
14described in this subsection (d-1) are to partially repay the
15General Revenue Fund for the costs associated with the bonds
16used to fund the moneys transferred to the designated
17retirement systems under Section 6z-61.
18 (e) The changes to this Section made by this amendatory Act
19of 1994 shall first apply to distributions from the Fund for
20State fiscal year 1996.
21(Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;
2298-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15;
2399-78, eff. 7-20-15; 99-523, eff. 6-30-16.)
24 (30 ILCS 105/14.1) (from Ch. 127, par. 150.1)
25 Sec. 14.1. Appropriations for State contributions to the

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

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1of salary to an employee under the personal services line item
2from a fund other than the General Revenue Fund, payment shall
3be made for deposit into the General Revenue Fund from the
4amount appropriated for State contributions to the State
5Employees' Retirement System of an amount calculated at the
6rate certified for fiscal year 2004 by the Board of Trustees of
7the State Employees' Retirement System under Section 14-135.08
8of the Illinois Pension Code. This payment shall be made to the
9extent that a line item appropriation to an employer for this
10purpose is available or unexhausted. No payment from
11appropriations for State contributions shall be made in
12conjunction with payment of salary to an employee under the
13personal services line item from the General Revenue Fund.
14 (a-2) For fiscal year 2010 only, at the time of each
15payment of salary to an employee under the personal services
16line item from a fund other than the General Revenue Fund,
17payment shall be made for deposit into the State Employees'
18Retirement System of Illinois from the amount appropriated for
19State contributions to the State Employees' Retirement System
20of Illinois of an amount calculated at the rate certified for
21fiscal year 2010 by the Board of Trustees of the State
22Employees' Retirement System of Illinois under Section
2314-135.08 of the Illinois Pension Code. This payment shall be
24made to the extent that a line item appropriation to an
25employer for this purpose is available or unexhausted. For
26fiscal year 2010 only, no payment from appropriations for State

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1contributions shall be made in conjunction with payment of
2salary to an employee under the personal services line item
3from the General Revenue Fund.
4 (a-3) For fiscal year 2011 only, at the time of each
5payment of salary to an employee under the personal services
6line item from a fund other than the General Revenue Fund,
7payment shall be made for deposit into the State Employees'
8Retirement System of Illinois from the amount appropriated for
9State contributions to the State Employees' Retirement System
10of Illinois of an amount calculated at the rate certified for
11fiscal year 2011 by the Board of Trustees of the State
12Employees' Retirement System of Illinois under Section
1314-135.08 of the Illinois Pension Code. This payment shall be
14made to the extent that a line item appropriation to an
15employer for this purpose is available or unexhausted. For
16fiscal year 2011 only, no payment from appropriations for State
17contributions shall be made in conjunction with payment of
18salary to an employee under the personal services line item
19from the General Revenue Fund.
20 (a-4) In fiscal years 2012 through 2018 2017 only, at the
21time of each payment of salary to an employee under the
22personal services line item from a fund other than the General
23Revenue Fund, payment shall be made for deposit into the State
24Employees' Retirement System of Illinois from the amount
25appropriated for State contributions to the State Employees'
26Retirement System of Illinois of an amount calculated at the

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1rate certified for the applicable fiscal year by the Board of
2Trustees of the State Employees' Retirement System of Illinois
3under Section 14-135.08 of the Illinois Pension Code. In fiscal
4years 2012 through 2018 2017 only, no payment from
5appropriations for State contributions shall be made in
6conjunction with payment of salary to an employee under the
7personal services line item from the General Revenue Fund.
8 (b) Except during the period beginning on the effective
9date of this amendatory Act of the 93rd General Assembly and
10ending at the time of the payment of the final payroll from
11fiscal year 2004 appropriations, the State Comptroller shall
12not approve for payment any payroll voucher that (1) includes
13payments of salary to eligible employees in the State
14Employees' Retirement System of Illinois and (2) does not
15include the corresponding payment of State contributions to
16that retirement system at the full rate certified under Section
1714-135.08 for that fiscal year for eligible employees, unless
18the balance in the fund on which the payroll voucher is drawn
19is insufficient to pay the total payroll voucher, or
20unavailable due to any limitation on appropriations that may
21apply, including, but not limited to, limitations on
22appropriations from the Road Fund under Section 8.3 of the
23State Finance Act. If the State Comptroller approves a payroll
24voucher under this Section for which the fund balance is
25insufficient to pay the full amount of the required State
26contribution to the State Employees' Retirement System, the

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1Comptroller shall promptly so notify the Retirement System.
2 (b-1) For fiscal year 2010 and fiscal year 2011 only, the
3State Comptroller shall not approve for payment any non-General
4Revenue Fund payroll voucher that (1) includes payments of
5salary to eligible employees in the State Employees' Retirement
6System of Illinois and (2) does not include the corresponding
7payment of State contributions to that retirement system at the
8full rate certified under Section 14-135.08 for that fiscal
9year for eligible employees, unless the balance in the fund on
10which the payroll voucher is drawn is insufficient to pay the
11total payroll voucher, or unavailable due to any limitation on
12appropriations that may apply, including, but not limited to,
13limitations on appropriations from the Road Fund under Section
148.3 of the State Finance Act. If the State Comptroller approves
15a payroll voucher under this Section for which the fund balance
16is insufficient to pay the full amount of the required State
17contribution to the State Employees' Retirement System of
18Illinois, the Comptroller shall promptly so notify the
19retirement system.
20 (c) Notwithstanding any other provisions of law, beginning
21July 1, 2007, required State and employee contributions to the
22State Employees' Retirement System of Illinois relating to
23affected legislative staff employees shall be paid out of
24moneys appropriated for that purpose to the Commission on
25Government Forecasting and Accountability, rather than out of
26the lump-sum appropriations otherwise made for the payroll and

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1other costs of those employees.
2 These payments must be made pursuant to payroll vouchers
3submitted by the employing entity as part of the regular
4payroll voucher process.
5 For the purpose of this subsection, "affected legislative
6staff employees" means legislative staff employees paid out of
7lump-sum appropriations made to the General Assembly, an
8Officer of the General Assembly, or the Senate Operations
9Commission, but does not include district-office staff or
10employees of legislative support services agencies.
11(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
12eff. 7-9-15; 99-523, eff. 6-30-16.)
13 Section 10-10. The Illinois Pension Code is amended by
14changing Section 14-131 as follows:
15 (40 ILCS 5/14-131)
16 Sec. 14-131. Contributions by State.
17 (a) The State shall make contributions to the System by
18appropriations of amounts which, together with other employer
19contributions from trust, federal, and other funds, employee
20contributions, investment income, and other income, will be
21sufficient to meet the cost of maintaining and administering
22the System on a 90% funded basis in accordance with actuarial
23recommendations.
24 For the purposes of this Section and Section 14-135.08,

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

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1 (c) Contributions shall be made by the several departments
2for each pay period by warrants drawn by the State Comptroller
3against their respective funds or appropriations based upon
4vouchers stating the amount to be so contributed. These amounts
5shall be based on the full rate certified by the Board under
6Section 14-135.08 for that fiscal year. From the effective date
7of this amendatory Act of the 93rd General Assembly through the
8payment of the final payroll from fiscal year 2004
9appropriations, the several departments shall not make
10contributions for the remainder of fiscal year 2004 but shall
11instead make payments as required under subsection (a-1) of
12Section 14.1 of the State Finance Act. The several departments
13shall resume those contributions at the commencement of fiscal
14year 2005.
15 (c-1) Notwithstanding subsection (c) of this Section, for
16fiscal years 2010, 2012, 2013, 2014, 2015, 2016, and 2017, and
172018 only, contributions by the several departments are not
18required to be made for General Revenue Funds payrolls
19processed by the Comptroller. Payrolls paid by the several
20departments from all other State funds must continue to be
21processed pursuant to subsection (c) of this Section.
22 (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
232016, and 2017, and 2018 only, on or as soon as possible after
24the 15th day of each month, the Board shall submit vouchers for
25payment of State contributions to the System, in a total
26monthly amount of one-twelfth of the fiscal year General

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1Revenue Fund contribution as certified by the System pursuant
2to Section 14-135.08 of the Illinois Pension Code.
3 (d) If an employee is paid from trust funds or federal
4funds, the department or other employer shall pay employer
5contributions from those funds to the System at the certified
6rate, unless the terms of the trust or the federal-State
7agreement preclude the use of the funds for that purpose, in
8which case the required employer contributions shall be paid by
9the State. From the effective date of this amendatory Act of
10the 93rd General Assembly through the payment of the final
11payroll from fiscal year 2004 appropriations, the department or
12other employer shall not pay contributions for the remainder of
13fiscal year 2004 but shall instead make payments as required
14under subsection (a-1) of Section 14.1 of the State Finance
15Act. The department or other employer shall resume payment of
16contributions at the commencement of fiscal year 2005.
17 (e) For State fiscal years 2012 through 2045, the minimum
18contribution to the System to be made by the State for each
19fiscal year shall be an amount determined by the System to be
20sufficient to bring the total assets of the System up to 90% of
21the total actuarial liabilities of the System by the end of
22State fiscal year 2045. In making these determinations, the
23required State contribution shall be calculated each year as a
24level percentage of payroll over the years remaining to and
25including fiscal year 2045 and shall be determined under the
26projected unit credit actuarial cost method.

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1 For State fiscal years 1996 through 2005, the State
2contribution to the System, as a percentage of the applicable
3employee payroll, shall be increased in equal annual increments
4so that by State fiscal year 2011, the State is contributing at
5the rate required under this Section; except that (i) for State
6fiscal year 1998, for all purposes of this Code and any other
7law of this State, the certified percentage of the applicable
8employee payroll shall be 5.052% for employees earning eligible
9creditable service under Section 14-110 and 6.500% for all
10other employees, notwithstanding any contrary certification
11made under Section 14-135.08 before the effective date of this
12amendatory Act of 1997, and (ii) in the following specified
13State fiscal years, the State contribution to the System shall
14not be less than the following indicated percentages of the
15applicable employee payroll, even if the indicated percentage
16will produce a State contribution in excess of the amount
17otherwise required under this subsection and subsection (a):
189.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
192002; 10.6% in FY 2003; and 10.8% in FY 2004.
20 Notwithstanding any other provision of this Article, the
21total required State contribution to the System for State
22fiscal year 2006 is $203,783,900.
23 Notwithstanding any other provision of this Article, the
24total required State contribution to the System for State
25fiscal year 2007 is $344,164,400.
26 For each of State fiscal years 2008 through 2009, the State

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1contribution to the System, as a percentage of the applicable
2employee payroll, shall be increased in equal annual increments
3from the required State contribution for State fiscal year
42007, so that by State fiscal year 2011, the State is
5contributing at the rate otherwise required under this Section.
6 Notwithstanding any other provision of this Article, the
7total required State General Revenue Fund contribution for
8State fiscal year 2010 is $723,703,100 and shall be made from
9the proceeds of bonds sold in fiscal year 2010 pursuant to
10Section 7.2 of the General Obligation Bond Act, less (i) the
11pro rata share of bond sale expenses determined by the System's
12share of total bond proceeds, (ii) any amounts received from
13the General Revenue Fund in fiscal year 2010, and (iii) any
14reduction in bond proceeds due to the issuance of discounted
15bonds, if applicable.
16 Notwithstanding any other provision of this Article, the
17total required State General Revenue Fund contribution for
18State fiscal year 2011 is the amount recertified by the System
19on or before April 1, 2011 pursuant to Section 14-135.08 and
20shall be made from the proceeds of bonds sold in fiscal year
212011 pursuant to Section 7.2 of the General Obligation Bond
22Act, less (i) the pro rata share of bond sale expenses
23determined by the System's share of total bond proceeds, (ii)
24any amounts received from the General Revenue Fund in fiscal
25year 2011, and (iii) any reduction in bond proceeds due to the
26issuance of discounted bonds, if applicable.

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1 Beginning in State fiscal year 2046, the minimum State
2contribution for each fiscal year shall be the amount needed to
3maintain the total assets of the System at 90% of the total
4actuarial liabilities of the System.
5 Amounts received by the System pursuant to Section 25 of
6the Budget Stabilization Act or Section 8.12 of the State
7Finance Act in any fiscal year do not reduce and do not
8constitute payment of any portion of the minimum State
9contribution required under this Article in that fiscal year.
10Such amounts shall not reduce, and shall not be included in the
11calculation of, the required State contributions under this
12Article in any future year until the System has reached a
13funding ratio of at least 90%. A reference in this Article to
14the "required State contribution" or any substantially similar
15term does not include or apply to any amounts payable to the
16System under Section 25 of the Budget Stabilization Act.
17 Notwithstanding any other provision of this Section, the
18required State contribution for State fiscal year 2005 and for
19fiscal year 2008 and each fiscal year thereafter, as calculated
20under this Section and certified under Section 14-135.08, shall
21not exceed an amount equal to (i) the amount of the required
22State contribution that would have been calculated under this
23Section for that fiscal year if the System had not received any
24payments under subsection (d) of Section 7.2 of the General
25Obligation Bond Act, minus (ii) the portion of the State's
26total debt service payments for that fiscal year on the bonds

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1issued in fiscal year 2003 for the purposes of that Section
27.2, as determined and certified by the Comptroller, that is
3the same as the System's portion of the total moneys
4distributed under subsection (d) of Section 7.2 of the General
5Obligation Bond Act. In determining this maximum for State
6fiscal years 2008 through 2010, however, the amount referred to
7in item (i) shall be increased, as a percentage of the
8applicable employee payroll, in equal increments calculated
9from the sum of the required State contribution for State
10fiscal year 2007 plus the applicable portion of the State's
11total debt service payments for fiscal year 2007 on the bonds
12issued in fiscal year 2003 for the purposes of Section 7.2 of
13the General Obligation Bond Act, so that, by State fiscal year
142011, the State is contributing at the rate otherwise required
15under this Section.
16 (f) After the submission of all payments for eligible
17employees from personal services line items in fiscal year 2004
18have been made, the Comptroller shall provide to the System a
19certification of the sum of all fiscal year 2004 expenditures
20for personal services that would have been covered by payments
21to the System under this Section if the provisions of this
22amendatory Act of the 93rd General Assembly had not been
23enacted. Upon receipt of the certification, the System shall
24determine the amount due to the System based on the full rate
25certified by the Board under Section 14-135.08 for fiscal year
262004 in order to meet the State's obligation under this

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1Section. The System shall compare this amount due to the amount
2received by the System in fiscal year 2004 through payments
3under this Section and under Section 6z-61 of the State Finance
4Act. If the amount due is more than the amount received, the
5difference shall be termed the "Fiscal Year 2004 Shortfall" for
6purposes of this Section, and the Fiscal Year 2004 Shortfall
7shall be satisfied under Section 1.2 of the State Pension Funds
8Continuing Appropriation Act. If the amount due is less than
9the amount received, the difference shall be termed the "Fiscal
10Year 2004 Overpayment" for purposes of this Section, and the
11Fiscal Year 2004 Overpayment shall be repaid by the System to
12the Pension Contribution Fund as soon as practicable after the
13certification.
14 (g) For purposes of determining the required State
15contribution to the System, the value of the System's assets
16shall be equal to the actuarial value of the System's assets,
17which shall be calculated as follows:
18 As of June 30, 2008, the actuarial value of the System's
19assets shall be equal to the market value of the assets as of
20that date. In determining the actuarial value of the System's
21assets for fiscal years after June 30, 2008, any actuarial
22gains or losses from investment return incurred in a fiscal
23year shall be recognized in equal annual amounts over the
245-year period following that fiscal year.
25 (h) For purposes of determining the required State
26contribution to the System for a particular year, the actuarial

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1value of assets shall be assumed to earn a rate of return equal
2to the System's actuarially assumed rate of return.
3 (i) After the submission of all payments for eligible
4employees from personal services line items paid from the
5General Revenue Fund in fiscal year 2010 have been made, the
6Comptroller shall provide to the System a certification of the
7sum of all fiscal year 2010 expenditures for personal services
8that would have been covered by payments to the System under
9this Section if the provisions of this amendatory Act of the
1096th General Assembly had not been enacted. Upon receipt of the
11certification, the System shall determine the amount due to the
12System based on the full rate certified by the Board under
13Section 14-135.08 for fiscal year 2010 in order to meet the
14State's obligation under this Section. The System shall compare
15this amount due to the amount received by the System in fiscal
16year 2010 through payments under this Section. If the amount
17due is more than the amount received, the difference shall be
18termed the "Fiscal Year 2010 Shortfall" for purposes of this
19Section, and the Fiscal Year 2010 Shortfall shall be satisfied
20under Section 1.2 of the State Pension Funds Continuing
21Appropriation Act. If the amount due is less than the amount
22received, the difference shall be termed the "Fiscal Year 2010
23Overpayment" for purposes of this Section, and the Fiscal Year
242010 Overpayment shall be repaid by the System to the General
25Revenue Fund as soon as practicable after the certification.
26 (j) After the submission of all payments for eligible

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1employees from personal services line items paid from the
2General Revenue Fund in fiscal year 2011 have been made, the
3Comptroller shall provide to the System a certification of the
4sum of all fiscal year 2011 expenditures for personal services
5that would have been covered by payments to the System under
6this Section if the provisions of this amendatory Act of the
796th General Assembly had not been enacted. Upon receipt of the
8certification, the System shall determine the amount due to the
9System based on the full rate certified by the Board under
10Section 14-135.08 for fiscal year 2011 in order to meet the
11State's obligation under this Section. The System shall compare
12this amount due to the amount received by the System in fiscal
13year 2011 through payments under this Section. If the amount
14due is more than the amount received, the difference shall be
15termed the "Fiscal Year 2011 Shortfall" for purposes of this
16Section, and the Fiscal Year 2011 Shortfall shall be satisfied
17under Section 1.2 of the State Pension Funds Continuing
18Appropriation Act. If the amount due is less than the amount
19received, the difference shall be termed the "Fiscal Year 2011
20Overpayment" for purposes of this Section, and the Fiscal Year
212011 Overpayment shall be repaid by the System to the General
22Revenue Fund as soon as practicable after the certification.
23 (k) For fiscal years 2012 through 2018 2017 only, after the
24submission of all payments for eligible employees from personal
25services line items paid from the General Revenue Fund in the
26fiscal year have been made, the Comptroller shall provide to

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1the System a certification of the sum of all expenditures in
2the fiscal year for personal services. Upon receipt of the
3certification, the System shall determine the amount due to the
4System based on the full rate certified by the Board under
5Section 14-135.08 for the fiscal year in order to meet the
6State's obligation under this Section. The System shall compare
7this amount due to the amount received by the System for the
8fiscal year. If the amount due is more than the amount
9received, the difference shall be termed the "Prior Fiscal Year
10Shortfall" for purposes of this Section, and the Prior Fiscal
11Year Shortfall shall be satisfied under Section 1.2 of the
12State Pension Funds Continuing Appropriation Act. If the amount
13due is less than the amount received, the difference shall be
14termed the "Prior Fiscal Year Overpayment" for purposes of this
15Section, and the Prior Fiscal Year Overpayment shall be repaid
16by the System to the General Revenue Fund as soon as
17practicable after the certification.
18(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
19eff. 7-9-15; 99-523, eff. 6-30-16.)
20 Section 10-15. The State Pension Funds Continuing
21Appropriation Act is amended by changing Section 1.2 as
22follows:
23 (40 ILCS 15/1.2)
24 Sec. 1.2. Appropriations for the State Employees'

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1Retirement System.
2 (a) From each fund from which an amount is appropriated for
3personal services to a department or other employer under
4Article 14 of the Illinois Pension Code, there is hereby
5appropriated to that department or other employer, on a
6continuing annual basis for each State fiscal year, an
7additional amount equal to the amount, if any, by which (1) an
8amount equal to the percentage of the personal services line
9item for that department or employer from that fund for that
10fiscal year that the Board of Trustees of the State Employees'
11Retirement System of Illinois has certified under Section
1214-135.08 of the Illinois Pension Code to be necessary to meet
13the State's obligation under Section 14-131 of the Illinois
14Pension Code for that fiscal year, exceeds (2) the amounts
15otherwise appropriated to that department or employer from that
16fund for State contributions to the State Employees' Retirement
17System for that fiscal year. From the effective date of this
18amendatory Act of the 93rd General Assembly through the final
19payment from a department or employer's personal services line
20item for fiscal year 2004, payments to the State Employees'
21Retirement System that otherwise would have been made under
22this subsection (a) shall be governed by the provisions in
23subsection (a-1).
24 (a-1) If a Fiscal Year 2004 Shortfall is certified under
25subsection (f) of Section 14-131 of the Illinois Pension Code,
26there is hereby appropriated to the State Employees' Retirement

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1System of Illinois on a continuing basis from the General
2Revenue Fund an additional aggregate amount equal to the Fiscal
3Year 2004 Shortfall.
4 (a-2) If a Fiscal Year 2010 Shortfall is certified under
5subsection (i) of Section 14-131 of the Illinois Pension Code,
6there is hereby appropriated to the State Employees' Retirement
7System of Illinois on a continuing basis from the General
8Revenue Fund an additional aggregate amount equal to the Fiscal
9Year 2010 Shortfall.
10 (a-3) If a Fiscal Year 2016 Shortfall is certified under
11subsection (k) of Section 14-131 of the Illinois Pension Code,
12there is hereby appropriated to the State Employees' Retirement
13System of Illinois on a continuing basis from the General
14Revenue Fund an additional aggregate amount equal to the Fiscal
15Year 2016 Shortfall.
16 (a-4) If a Prior Fiscal Year Shortfall is certified under
17subsection (k) of Section 14-131 of the Illinois Pension Code,
18there is hereby appropriated to the State Employees' Retirement
19System of Illinois on a continuing basis from the General
20Revenue Fund an additional aggregate amount equal to the Fiscal
21Year 2017 Shortfall.
22 (b) The continuing appropriations provided for by this
23Section shall first be available in State fiscal year 1996.
24 (c) Beginning in Fiscal Year 2005, any continuing
25appropriation under this Section arising out of an
26appropriation for personal services from the Road Fund to the

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1Department of State Police or the Secretary of State shall be
2payable from the General Revenue Fund rather than the Road
3Fund.
4 (d) For State fiscal year 2010 only, a continuing
5appropriation is provided to the State Employees' Retirement
6System equal to the amount certified by the System on or before
7December 31, 2008, less the gross proceeds of the bonds sold in
8fiscal year 2010 under the authorization contained in
9subsection (a) of Section 7.2 of the General Obligation Bond
10Act.
11 (e) For State fiscal year 2011 only, the continuing
12appropriation under this Section provided to the State
13Employees' Retirement System is limited to an amount equal to
14the amount certified by the System on or before December 31,
152009, less any amounts received pursuant to subsection (a-3) of
16Section 14.1 of the State Finance Act.
17 (f) For State fiscal year 2011 only, a continuing
18appropriation is provided to the State Employees' Retirement
19System equal to the amount certified by the System on or before
20April 1, 2011, less the gross proceeds of the bonds sold in
21fiscal year 2011 under the authorization contained in
22subsection (a) of Section 7.2 of the General Obligation Bond
23Act.
24(Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)
25 Section 10-20. The Uniform Disposition of Unclaimed

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1Property Act is amended by changing Section 18 as follows:
2 (765 ILCS 1025/18) (from Ch. 141, par. 118)
3 Sec. 18. Deposit of funds received under the Act.
4 (a) The State Treasurer shall retain all funds received
5under this Act, including the proceeds from the sale of
6abandoned property under Section 17, in a trust fund known as
7the Unclaimed Property Trust Fund. The State Treasurer may
8deposit any amount in the Unclaimed Property Trust Fund into
9the State Pensions Fund during the fiscal year at his or her
10discretion; however, he or she shall, on April 15 and October
1115 of each year, deposit any amount in the Unclaimed Property
12Trust Fund exceeding $2,500,000 into the State Pensions Fund.
13If on either April 15 or October 15, the State Treasurer
14determines that a balance of $2,500,000 is insufficient for the
15prompt payment of unclaimed property claims authorized under
16this Act, the Treasurer may retain more than $2,500,000 in the
17Unclaimed Property Trust Fund in order to ensure the prompt
18payment of claims. Beginning in State fiscal year 2019 2018,
19all amounts that are deposited into the State Pensions Fund
20from the Unclaimed Property Trust Fund shall be apportioned to
21the designated retirement systems as provided in subsection
22(c-6) of Section 8.12 of the State Finance Act to reduce their
23actuarial reserve deficiencies. He or she shall make prompt
24payment of claims he or she duly allows as provided for in this
25Act for the Unclaimed Property Trust Fund. Before making the

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1deposit the State Treasurer shall record the name and last
2known address of each person appearing from the holders'
3reports to be entitled to the abandoned property. The record
4shall be available for public inspection during reasonable
5business hours.
6 (b) Before making any deposit to the credit of the State
7Pensions Fund, the State Treasurer may deduct: (1) any costs in
8connection with sale of abandoned property, (2) any costs of
9mailing and publication in connection with any abandoned
10property, and (3) any costs in connection with the maintenance
11of records or disposition of claims made pursuant to this Act.
12The State Treasurer shall semiannually file an itemized report
13of all such expenses with the Legislative Audit Commission.
14(Source: P.A. 98-19, eff. 6-10-13; 98-24, eff. 6-19-13; 98-674,
15eff. 6-30-14; 98-756, eff. 7-16-14; 99-8, eff. 7-9-15; 99-523,
16eff. 6-30-16.)
17
ARTICLE 20. TECHNOLOGY MANAGEMENT
18 Section 20-5. The Department of Central Management
19Services Law of the Civil Administrative Code of Illinois is
20amended by changing Sections 405-20, 405-250, and 405-410 as
21follows:
22 (20 ILCS 405/405-20) (was 20 ILCS 405/35.7)
23 Sec. 405-20. Fiscal policy information to Governor;

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1information technology statistical research planning.
2 (a) The Department shall be responsible for providing the
3Governor with timely, comprehensive, and meaningful
4information pertinent to the formulation and execution of
5fiscal policy. In performing this responsibility the
6Department shall have the power and duty to do the following:
7 (1) Control the procurement, retention, installation,
8 maintenance, and operation, as specified by the Director,
9 of information technology electronic data processing
10 equipment and software used by State agencies in such a
11 manner as to achieve maximum economy and provide adequate
12 assistance in the development of information suitable for
13 management analysis.
14 (2) Establish principles and standards of information
15 technology statistical reporting by State agencies and
16 priorities for completion of research by those agencies in
17 accordance with the requirements for management analysis
18 as specified by the Director.
19 (3) Establish, through the Director, charges for
20 information technology statistical services requested by
21 State agencies and rendered by the Department. The
22 Department is likewise empowered through the Director to
23 establish prices or charges for information technology
24 services rendered by the Department for all statistical
25 reports purchased by agencies and individuals not
26 connected with State government.

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1 (4) Instruct all State agencies as the Director may
2 require to report regularly to the Department, in the
3 manner the Director may prescribe, their usage of
4 information technology electronic information devices and
5 services, the cost incurred, the information produced, and
6 the procedures followed in obtaining the information. All
7 State agencies shall request of the Director any
8 information technology resources statistical services
9 requiring the use of electronic devices and shall conform
10 to the priorities assigned by the Director in using those
11 electronic devices.
12 (5) Examine the accounts, use of information
13 technology resources, and statistical data of any
14 organization, body, or agency receiving appropriations
15 from the General Assembly.
16 (6) Install and operate a modern information system
17 utilizing equipment adequate to satisfy the requirements
18 for analysis and review as specified by the Director.
19 Expenditures for information technology statistical
20 services rendered shall be reimbursed by the recipients.
21 The reimbursement shall be determined by the Director as
22 amounts sufficient to reimburse the Technology Management
23 Statistical Services Revolving Fund for expenditures
24 incurred in rendering the services.
25 (b) In addition to the other powers and duties listed in
26this Section, the Department shall analyze the present and

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1future aims, needs, and requirements of information technology
2statistical research and planning in order to provide for the
3formulation of overall policy relative to the use of electronic
4data processing equipment and software by the State of
5Illinois. In making this analysis, the Department under the
6Director shall formulate a master plan for the use of
7information technology statistical research, utilizing
8electronic equipment, software and services most
9advantageously, and advising whether electronic data
10processing equipment and software should be leased or purchased
11by the State. The Department under the Director shall prepare
12and submit interim reports of meaningful developments and
13proposals for legislation to the Governor on or before January
1430 each year. The Department under the Director shall engage in
15a continuing analysis and evaluation of the master plan so
16developed, and it shall be the responsibility of the Department
17to recommend from time to time any needed amendments and
18modifications of any master plan enacted by the General
19Assembly.
20 (c) For the purposes of this Section, Section 405-245, and
21paragraph (4) of Section 405-10 only, "State agencies" means
22all departments, boards, commissions, and agencies of the State
23of Illinois subject to the Governor.
24(Source: P.A. 94-91, eff. 7-1-05.)
25 (20 ILCS 405/405-250) (was 20 ILCS 405/35.7a)

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1 Sec. 405-250. Information technology Statistical services;
2use of information technology electronic data processing
3equipment and software. The Department may make information
4technology resources statistical services and the use of
5information technology electronic data processing equipment
6and software, including necessary telecommunications lines and
7equipment, available to local governments, elected State
8officials, State educational institutions, and all other
9governmental units of the State requesting them. The Director
10is empowered to establish prices and charges for the
11information technology resources statistical services so
12furnished and for the use of the information technology
13electronic data processing equipment and software and
14necessary telecommunications lines and equipment. The prices
15and charges shall be sufficient to reimburse the cost of
16furnishing the services and use of equipment, software, and
17lines.
18(Source: P.A. 91-239, eff. 1-1-00.)
19 (20 ILCS 405/405-410)
20 Sec. 405-410. Transfer of Information Technology
21functions.
22 (a) Notwithstanding any other law to the contrary, the
23Director of Central Management Services, working in
24cooperation with the Director of any other agency, department,
25board, or commission directly responsible to the Governor, may

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1direct the transfer, to the Department of Central Management
2Services, of those information technology functions at that
3agency, department, board, or commission that are suitable for
4centralization.
5 Upon receipt of the written direction to transfer
6information technology functions to the Department of Central
7Management Services, the personnel, equipment, and property
8(both real and personal) directly relating to the transferred
9functions shall be transferred to the Department of Central
10Management Services, and the relevant documents, records, and
11correspondence shall be transferred or copied, as the Director
12may prescribe.
13 (b) Upon receiving written direction from the Director of
14Central Management Services, the Comptroller and Treasurer are
15authorized to transfer the unexpended balance of any
16appropriations related to the information technology functions
17transferred to the Department of Central Management Services
18and shall make the necessary fund transfers from any special
19fund in the State Treasury or from any other federal or State
20trust fund held by the Treasurer to the General Revenue Fund or
21, the Technology Management Statistical Services Revolving
22Fund, or the Communications Revolving Fund, as designated by
23the Director of Central Management Services, for use by the
24Department of Central Management Services in support of
25information technology functions or any other related costs or
26expenses of the Department of Central Management Services.

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1 (c) The rights of employees and the State and its agencies
2under the Personnel Code and applicable collective bargaining
3agreements or under any pension, retirement, or annuity plan
4shall not be affected by any transfer under this Section.
5 (d) The functions transferred to the Department of Central
6Management Services by this Section shall be vested in and
7shall be exercised by the Department of Central Management
8Services. Each act done in the exercise of those functions
9shall have the same legal effect as if done by the agencies,
10offices, divisions, departments, bureaus, boards and
11commissions from which they were transferred.
12 Every person or other entity shall be subject to the same
13obligations and duties and any penalties, civil or criminal,
14arising therefrom, and shall have the same rights arising from
15the exercise of such rights, powers, and duties as had been
16exercised by the agencies, offices, divisions, departments,
17bureaus, boards, and commissions from which they were
18transferred.
19 Whenever reports or notices are now required to be made or
20given or papers or documents furnished or served by any person
21in regards to the functions transferred to or upon the
22agencies, offices, divisions, departments, bureaus, boards,
23and commissions from which the functions were transferred, the
24same shall be made, given, furnished or served in the same
25manner to or upon the Department of Central Management
26Services.

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1 This Section does not affect any act done, ratified, or
2cancelled or any right occurring or established or any action
3or proceeding had or commenced in an administrative, civil, or
4criminal cause regarding the functions transferred, but those
5proceedings may be continued by the Department of Central
6Management Services.
7 This Section does not affect the legality of any rules in
8the Illinois Administrative Code regarding the functions
9transferred in this Section that are in force on the effective
10date of this Section. If necessary, however, the affected
11agencies shall propose, adopt, or repeal rules, rule
12amendments, and rule recodifications as appropriate to
13effectuate this Section.
14(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04;
1593-1067, eff. 1-15-05.)
16 Section 20-10. The State Finance Act is amended by changing
17Sections 5.12, 5.55, 6p-1, 6p-2, 6z-34, and 8.16a as follows:
18 (30 ILCS 105/5.12) (from Ch. 127, par. 141.12)
19 Sec. 5.12. The Communications Revolving Fund. This Section
20is repealed on December 31, 2017.
21(Source: Laws 1919, p. 946.)
22 (30 ILCS 105/5.55) (from Ch. 127, par. 141.55)
23 Sec. 5.55. The Technology Management Statistical Services

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1Revolving Fund.
2(Source: Laws 1919, p. 946.)
3 (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
4 Sec. 6p-1. The Technology Management Revolving Fund
5(formerly known as the Statistical Services Revolving Fund)
6shall be initially financed by a transfer of funds from the
7General Revenue Fund. Thereafter, all fees and other monies
8received by the Department of Central Management Services in
9payment for statistical services rendered pursuant to Section
10405-20 of the Department of Central Management Services Law (20
11ILCS 405/405-20) shall be paid into the Technology Management
12Statistical Services Revolving Fund. On and after July 1, 2017,
13or after sufficient moneys have been received in the
14Communications Revolving Fund to pay all Fiscal Year 2017
15obligations payable from the Fund, whichever is later, all fees
16and other moneys received by the Department of Central
17Management Services in payment for communications services
18rendered pursuant to the Department of Central Management
19Services Law of the Civil Administrative Code of Illinois or
20sale of surplus State communications equipment shall be paid
21into the Technology Management Revolving Fund. The money in
22this fund shall be used by the Department of Central Management
23Services as reimbursement for expenditures incurred in
24rendering statistical services and, beginning July 1, 2017, as
25reimbursement for expenditures incurred in relation to

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1communications services.
2(Source: P.A. 91-239, eff. 1-1-00.)
3 (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
4 Sec. 6p-2. The Communications Revolving Fund shall be
5initially financed by a transfer of funds from the General
6Revenue Fund. Thereafter, through June 30, 2017, all fees and
7other monies received by the Department of Central Management
8Services in payment for communications services rendered
9pursuant to the Department of Central Management Services Law
10or sale of surplus State communications equipment shall be paid
11into the Communications Revolving Fund. Except as otherwise
12provided in this Section, the money in this fund shall be used
13by the Department of Central Management Services as
14reimbursement for expenditures incurred in relation to
15communications services.
16 On the effective date of this amendatory Act of the 93rd
17General Assembly, or as soon as practicable thereafter, the
18State Comptroller shall order transferred and the State
19Treasurer shall transfer $3,000,000 from the Communications
20Revolving Fund to the Emergency Public Health Fund to be used
21for the purposes specified in Section 55.6a of the
22Environmental Protection Act.
23 In addition to any other transfers that may be provided for
24by law, on July 1, 2011, or as soon thereafter as practical,
25the State Comptroller shall direct and the State Treasurer

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1shall transfer the sum of $5,000,000 from the General Revenue
2Fund to the Communications Revolving Fund.
3 Notwithstanding any other provision of law, in addition to
4any other transfers that may be provided by law, on July 1,
52017, or after sufficient moneys have been received in the
6Communications Revolving Fund to pay all Fiscal Year 2017
7obligations payable from the Fund, whichever is later, the
8State Comptroller shall direct and the State Treasurer shall
9transfer the remaining balance from the Communications
10Revolving Fund into the Technology Management Revolving Fund.
11Upon completion of the transfer, any future deposits due to
12that Fund and any outstanding obligations or liabilities of
13that Fund pass to the Technology Management Revolving Fund.
14(Source: P.A. 97-641, eff. 12-19-11.)
15 (30 ILCS 105/6z-34)
16 Sec. 6z-34. Secretary of State Special Services Fund. There
17is created in the State Treasury a special fund to be known as
18the Secretary of State Special Services Fund. Moneys deposited
19into the Fund may, subject to appropriation, be used by the
20Secretary of State for any or all of the following purposes:
21 (1) For general automation efforts within operations
22 of the Office of Secretary of State.
23 (2) For technology applications in any form that will
24 enhance the operational capabilities of the Office of
25 Secretary of State.

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1 (3) To provide funds for any type of library grants
2 authorized and administered by the Secretary of State as
3 State Librarian.
4 These funds are in addition to any other funds otherwise
5authorized to the Office of Secretary of State for like or
6similar purposes.
7 On August 15, 1997, all fiscal year 1997 receipts that
8exceed the amount of $15,000,000 shall be transferred from this
9Fund to the Technology Management Revolving Fund (formerly
10known as the Statistical Services Revolving Fund); on August
1115, 1998 and each year thereafter through 2000, all receipts
12from the fiscal year ending on the previous June 30th that
13exceed the amount of $17,000,000 shall be transferred from this
14Fund to the Technology Management Revolving Fund (formerly
15known as the Statistical Services Revolving Fund); on August
1615, 2001 and each year thereafter through 2002, all receipts
17from the fiscal year ending on the previous June 30th that
18exceed the amount of $19,000,000 shall be transferred from this
19Fund to the Technology Management Revolving Fund (formerly
20known as the Statistical Services Revolving Fund); and on
21August 15, 2003 and each year thereafter, all receipts from the
22fiscal year ending on the previous June 30th that exceed the
23amount of $33,000,000 shall be transferred from this Fund to
24the Technology Management Revolving Fund (formerly known as the
25Statistical Services Revolving Fund).
26(Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)

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1 (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
2 Sec. 8.16a. Appropriations for the procurement,
3installation, retention, maintenance and operation of
4electronic data processing and information technology devices
5and software used by state agencies subject to Section 405-20
6of the Department of Central Management Services Law (20 ILCS
7405/405-20), the purchase of necessary supplies and equipment
8and accessories thereto, and all other expenses incident to the
9operation and maintenance of those electronic data processing
10and information technology devices and software are payable
11from the Technology Management Statistical Services Revolving
12Fund. However, no contract shall be entered into or obligation
13incurred for any expenditure from the Technology Management
14Statistical Services Revolving Fund until after the purpose and
15amount has been approved in writing by the Director of Central
16Management Services. Until there are sufficient funds in the
17Technology Management Revolving Fund (formerly known as the
18Statistical Services Revolving Fund) to carry out the purposes
19of this amendatory Act of 1965, however, the State agencies
20subject to that Section 405-20 shall, on written approval of
21the Director of Central Management Services, pay the cost of
22operating and maintaining electronic data processing systems
23from current appropriations as classified and standardized in
24the State Finance Act "An Act in relation to State finance",
25approved June 10, 1919, as amended.

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1(Source: P.A. 91-239, eff. 1-1-00.)
2 Section 20-15. The Illinois Pension Code is amended by
3changing Section 1A-112 as follows:
4 (40 ILCS 5/1A-112)
5 Sec. 1A-112. Fees.
6 (a) Every pension fund that is required to file an annual
7statement under Section 1A-109 shall pay to the Department an
8annual compliance fee. In the case of a pension fund under
9Article 3 or 4 of this Code, the annual compliance fee shall be
100.02% (2 basis points) of the total assets of the pension fund,
11as reported in the most current annual statement of the fund,
12but not more than $8,000. In the case of all other pension
13funds and retirement systems, the annual compliance fee shall
14be $8,000.
15 (b) The annual compliance fee shall be due on June 30 for
16the following State fiscal year, except that the fee payable in
171997 for fiscal year 1998 shall be due no earlier than 30 days
18following the effective date of this amendatory Act of 1997.
19 (c) Any information obtained by the Division that is
20available to the public under the Freedom of Information Act
21and is either compiled in published form or maintained on a
22computer processible medium shall be furnished upon the written
23request of any applicant and the payment of a reasonable
24information services fee established by the Director,

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1sufficient to cover the total cost to the Division of
2compiling, processing, maintaining, and generating the
3information. The information may be furnished by means of
4published copy or on a computer processed or computer
5processible medium.
6 No fee may be charged to any person for information that
7the Division is required by law to furnish to that person.
8 (d) Except as otherwise provided in this Section, all fees
9and penalties collected by the Department under this Code shall
10be deposited into the Public Pension Regulation Fund.
11 (e) Fees collected under subsection (c) of this Section and
12money collected under Section 1A-107 shall be deposited into
13the Technology Management Department's Statistical Services
14Revolving Fund and credited to the account of the Department's
15Public Pension Division. This income shall be used exclusively
16for the purposes set forth in Section 1A-107. Notwithstanding
17the provisions of Section 408.2 of the Illinois Insurance Code,
18no surplus funds remaining in this account shall be deposited
19in the Insurance Financial Regulation Fund. All money in this
20account that the Director certifies is not needed for the
21purposes set forth in Section 1A-107 of this Code shall be
22transferred to the Public Pension Regulation Fund.
23 (f) Nothing in this Code prohibits the General Assembly
24from appropriating funds from the General Revenue Fund to the
25Department for the purpose of administering or enforcing this
26Code.

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1(Source: P.A. 93-32, eff. 7-1-03.)
2 Section 20-20. The Illinois Insurance Code is amended by
3changing Sections 408, 408.2, 1202, and 1206 as follows:
4 (215 ILCS 5/408) (from Ch. 73, par. 1020)
5 Sec. 408. Fees and charges.
6 (1) The Director shall charge, collect and give proper
7acquittances for the payment of the following fees and charges:
8 (a) For filing all documents submitted for the
9 incorporation or organization or certification of a
10 domestic company, except for a fraternal benefit society,
11 $2,000.
12 (b) For filing all documents submitted for the
13 incorporation or organization of a fraternal benefit
14 society, $500.
15 (c) For filing amendments to articles of incorporation
16 and amendments to declaration of organization, except for a
17 fraternal benefit society, a mutual benefit association, a
18 burial society or a farm mutual, $200.
19 (d) For filing amendments to articles of incorporation
20 of a fraternal benefit society, a mutual benefit
21 association or a burial society, $100.
22 (e) For filing amendments to articles of incorporation
23 of a farm mutual, $50.
24 (f) For filing bylaws or amendments thereto, $50.

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1 (g) For filing agreement of merger or consolidation:
2 (i) for a domestic company, except for a fraternal
3 benefit society, a mutual benefit association, a
4 burial society, or a farm mutual, $2,000.
5 (ii) for a foreign or alien company, except for a
6 fraternal benefit society, $600.
7 (iii) for a fraternal benefit society, a mutual
8 benefit association, a burial society, or a farm
9 mutual, $200.
10 (h) For filing agreements of reinsurance by a domestic
11 company, $200.
12 (i) For filing all documents submitted by a foreign or
13 alien company to be admitted to transact business or
14 accredited as a reinsurer in this State, except for a
15 fraternal benefit society, $5,000.
16 (j) For filing all documents submitted by a foreign or
17 alien fraternal benefit society to be admitted to transact
18 business in this State, $500.
19 (k) For filing declaration of withdrawal of a foreign
20 or alien company, $50.
21 (l) For filing annual statement by a domestic company,
22 except a fraternal benefit society, a mutual benefit
23 association, a burial society, or a farm mutual, $200.
24 (m) For filing annual statement by a domestic fraternal
25 benefit society, $100.
26 (n) For filing annual statement by a farm mutual, a

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1 mutual benefit association, or a burial society, $50.
2 (o) For issuing a certificate of authority or renewal
3 thereof except to a foreign fraternal benefit society,
4 $400.
5 (p) For issuing a certificate of authority or renewal
6 thereof to a foreign fraternal benefit society, $200.
7 (q) For issuing an amended certificate of authority,
8 $50.
9 (r) For each certified copy of certificate of
10 authority, $20.
11 (s) For each certificate of deposit, or valuation, or
12 compliance or surety certificate, $20.
13 (t) For copies of papers or records per page, $1.
14 (u) For each certification to copies of papers or
15 records, $10.
16 (v) For multiple copies of documents or certificates
17 listed in subparagraphs (r), (s), and (u) of paragraph (1)
18 of this Section, $10 for the first copy of a certificate of
19 any type and $5 for each additional copy of the same
20 certificate requested at the same time, unless, pursuant to
21 paragraph (2) of this Section, the Director finds these
22 additional fees excessive.
23 (w) For issuing a permit to sell shares or increase
24 paid-up capital:
25 (i) in connection with a public stock offering,
26 $300;

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1 (ii) in any other case, $100.
2 (x) For issuing any other certificate required or
3 permissible under the law, $50.
4 (y) For filing a plan of exchange of the stock of a
5 domestic stock insurance company, a plan of
6 demutualization of a domestic mutual company, or a plan of
7 reorganization under Article XII, $2,000.
8 (z) For filing a statement of acquisition of a domestic
9 company as defined in Section 131.4 of this Code, $2,000.
10 (aa) For filing an agreement to purchase the business
11 of an organization authorized under the Dental Service Plan
12 Act or the Voluntary Health Services Plans Act or of a
13 health maintenance organization or a limited health
14 service organization, $2,000.
15 (bb) For filing a statement of acquisition of a foreign
16 or alien insurance company as defined in Section 131.12a of
17 this Code, $1,000.
18 (cc) For filing a registration statement as required in
19 Sections 131.13 and 131.14, the notification as required by
20 Sections 131.16, 131.20a, or 141.4, or an agreement or
21 transaction required by Sections 124.2(2), 141, 141a, or
22 141.1, $200.
23 (dd) For filing an application for licensing of:
24 (i) a religious or charitable risk pooling trust or
25 a workers' compensation pool, $1,000;
26 (ii) a workers' compensation service company,

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1 $500;
2 (iii) a self-insured automobile fleet, $200; or
3 (iv) a renewal of or amendment of any license
4 issued pursuant to (i), (ii), or (iii) above, $100.
5 (ee) For filing articles of incorporation for a
6 syndicate to engage in the business of insurance through
7 the Illinois Insurance Exchange, $2,000.
8 (ff) For filing amended articles of incorporation for a
9 syndicate engaged in the business of insurance through the
10 Illinois Insurance Exchange, $100.
11 (gg) For filing articles of incorporation for a limited
12 syndicate to join with other subscribers or limited
13 syndicates to do business through the Illinois Insurance
14 Exchange, $1,000.
15 (hh) For filing amended articles of incorporation for a
16 limited syndicate to do business through the Illinois
17 Insurance Exchange, $100.
18 (ii) For a permit to solicit subscriptions to a
19 syndicate or limited syndicate, $100.
20 (jj) For the filing of each form as required in Section
21 143 of this Code, $50 per form. The fee for advisory and
22 rating organizations shall be $200 per form.
23 (i) For the purposes of the form filing fee,
24 filings made on insert page basis will be considered
25 one form at the time of its original submission.
26 Changes made to a form subsequent to its approval shall

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1 be considered a new filing.
2 (ii) Only one fee shall be charged for a form,
3 regardless of the number of other forms or policies
4 with which it will be used.
5 (iii) Fees charged for a policy filed as it will be
6 issued regardless of the number of forms comprising
7 that policy shall not exceed $1,500. For advisory or
8 rating organizations, fees charged for a policy filed
9 as it will be issued regardless of the number of forms
10 comprising that policy shall not exceed $2,500.
11 (iv) The Director may by rule exempt forms from
12 such fees.
13 (kk) For filing an application for licensing of a
14 reinsurance intermediary, $500.
15 (ll) For filing an application for renewal of a license
16 of a reinsurance intermediary, $200.
17 (2) When printed copies or numerous copies of the same
18paper or records are furnished or certified, the Director may
19reduce such fees for copies if he finds them excessive. He may,
20when he considers it in the public interest, furnish without
21charge to state insurance departments and persons other than
22companies, copies or certified copies of reports of
23examinations and of other papers and records.
24 (3) The expenses incurred in any performance examination
25authorized by law shall be paid by the company or person being
26examined. The charge shall be reasonably related to the cost of

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1the examination including but not limited to compensation of
2examiners, electronic data processing costs, supervision and
3preparation of an examination report and lodging and travel
4expenses. All lodging and travel expenses shall be in accord
5with the applicable travel regulations as published by the
6Department of Central Management Services and approved by the
7Governor's Travel Control Board, except that out-of-state
8lodging and travel expenses related to examinations authorized
9under Section 132 shall be in accordance with travel rates
10prescribed under paragraph 301-7.2 of the Federal Travel
11Regulations, 41 C.F.R. 301-7.2, for reimbursement of
12subsistence expenses incurred during official travel. All
13lodging and travel expenses may be reimbursed directly upon
14authorization of the Director. With the exception of the direct
15reimbursements authorized by the Director, all performance
16examination charges collected by the Department shall be paid
17to the Insurance Producer Administration Fund, however, the
18electronic data processing costs incurred by the Department in
19the performance of any examination shall be billed directly to
20the company being examined for payment to the Technology
21Management Statistical Services Revolving Fund.
22 (4) At the time of any service of process on the Director
23as attorney for such service, the Director shall charge and
24collect the sum of $20, which may be recovered as taxable costs
25by the party to the suit or action causing such service to be
26made if he prevails in such suit or action.

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1 (5) (a) The costs incurred by the Department of Insurance
2in conducting any hearing authorized by law shall be assessed
3against the parties to the hearing in such proportion as the
4Director of Insurance may determine upon consideration of all
5relevant circumstances including: (1) the nature of the
6hearing; (2) whether the hearing was instigated by, or for the
7benefit of a particular party or parties; (3) whether there is
8a successful party on the merits of the proceeding; and (4) the
9relative levels of participation by the parties.
10 (b) For purposes of this subsection (5) costs incurred
11shall mean the hearing officer fees, court reporter fees, and
12travel expenses of Department of Insurance officers and
13employees; provided however, that costs incurred shall not
14include hearing officer fees or court reporter fees unless the
15Department has retained the services of independent
16contractors or outside experts to perform such functions.
17 (c) The Director shall make the assessment of costs
18incurred as part of the final order or decision arising out of
19the proceeding; provided, however, that such order or decision
20shall include findings and conclusions in support of the
21assessment of costs. This subsection (5) shall not be construed
22as permitting the payment of travel expenses unless calculated
23in accordance with the applicable travel regulations of the
24Department of Central Management Services, as approved by the
25Governor's Travel Control Board. The Director as part of such
26order or decision shall require all assessments for hearing

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1officer fees and court reporter fees, if any, to be paid
2directly to the hearing officer or court reporter by the
3party(s) assessed for such costs. The assessments for travel
4expenses of Department officers and employees shall be
5reimbursable to the Director of Insurance for deposit to the
6fund out of which those expenses had been paid.
7 (d) The provisions of this subsection (5) shall apply in
8the case of any hearing conducted by the Director of Insurance
9not otherwise specifically provided for by law.
10 (6) The Director shall charge and collect an annual
11financial regulation fee from every domestic company for
12examination and analysis of its financial condition and to fund
13the internal costs and expenses of the Interstate Insurance
14Receivership Commission as may be allocated to the State of
15Illinois and companies doing an insurance business in this
16State pursuant to Article X of the Interstate Insurance
17Receivership Compact. The fee shall be the greater fixed amount
18based upon the combination of nationwide direct premium income
19and nationwide reinsurance assumed premium income or upon
20admitted assets calculated under this subsection as follows:
21 (a) Combination of nationwide direct premium income
22 and nationwide reinsurance assumed premium.
23 (i) $150, if the premium is less than $500,000 and
24 there is no reinsurance assumed premium;
25 (ii) $750, if the premium is $500,000 or more, but
26 less than $5,000,000 and there is no reinsurance

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1 assumed premium; or if the premium is less than
2 $5,000,000 and the reinsurance assumed premium is less
3 than $10,000,000;
4 (iii) $3,750, if the premium is less than
5 $5,000,000 and the reinsurance assumed premium is
6 $10,000,000 or more;
7 (iv) $7,500, if the premium is $5,000,000 or more,
8 but less than $10,000,000;
9 (v) $18,000, if the premium is $10,000,000 or more,
10 but less than $25,000,000;
11 (vi) $22,500, if the premium is $25,000,000 or
12 more, but less than $50,000,000;
13 (vii) $30,000, if the premium is $50,000,000 or
14 more, but less than $100,000,000;
15 (viii) $37,500, if the premium is $100,000,000 or
16 more.
17 (b) Admitted assets.
18 (i) $150, if admitted assets are less than
19 $1,000,000;
20 (ii) $750, if admitted assets are $1,000,000 or
21 more, but less than $5,000,000;
22 (iii) $3,750, if admitted assets are $5,000,000 or
23 more, but less than $25,000,000;
24 (iv) $7,500, if admitted assets are $25,000,000 or
25 more, but less than $50,000,000;
26 (v) $18,000, if admitted assets are $50,000,000 or

SB0042 Engrossed- 175 -LRB100 04925 MLM 14935 b
1 more, but less than $100,000,000;
2 (vi) $22,500, if admitted assets are $100,000,000
3 or more, but less than $500,000,000;
4 (vii) $30,000, if admitted assets are $500,000,000
5 or more, but less than $1,000,000,000;
6 (viii) $37,500, if admitted assets are
7 $1,000,000,000 or more.
8 (c) The sum of financial regulation fees charged to the
9 domestic companies of the same affiliated group shall not
10 exceed $250,000 in the aggregate in any single year and
11 shall be billed by the Director to the member company
12 designated by the group.
13 (7) The Director shall charge and collect an annual
14financial regulation fee from every foreign or alien company,
15except fraternal benefit societies, for the examination and
16analysis of its financial condition and to fund the internal
17costs and expenses of the Interstate Insurance Receivership
18Commission as may be allocated to the State of Illinois and
19companies doing an insurance business in this State pursuant to
20Article X of the Interstate Insurance Receivership Compact. The
21fee shall be a fixed amount based upon Illinois direct premium
22income and nationwide reinsurance assumed premium income in
23accordance with the following schedule:
24 (a) $150, if the premium is less than $500,000 and
25 there is no reinsurance assumed premium;
26 (b) $750, if the premium is $500,000 or more, but less

SB0042 Engrossed- 176 -LRB100 04925 MLM 14935 b
1 than $5,000,000 and there is no reinsurance assumed
2 premium; or if the premium is less than $5,000,000 and the
3 reinsurance assumed premium is less than $10,000,000;
4 (c) $3,750, if the premium is less than $5,000,000 and
5 the reinsurance assumed premium is $10,000,000 or more;
6 (d) $7,500, if the premium is $5,000,000 or more, but
7 less than $10,000,000;
8 (e) $18,000, if the premium is $10,000,000 or more, but
9 less than $25,000,000;
10 (f) $22,500, if the premium is $25,000,000 or more, but
11 less than $50,000,000;
12 (g) $30,000, if the premium is $50,000,000 or more, but
13 less than $100,000,000;
14 (h) $37,500, if the premium is $100,000,000 or more.
15 The sum of financial regulation fees under this subsection
16(7) charged to the foreign or alien companies within the same
17affiliated group shall not exceed $250,000 in the aggregate in
18any single year and shall be billed by the Director to the
19member company designated by the group.
20 (8) Beginning January 1, 1992, the financial regulation
21fees imposed under subsections (6) and (7) of this Section
22shall be paid by each company or domestic affiliated group
23annually. After January 1, 1994, the fee shall be billed by
24Department invoice based upon the company's premium income or
25admitted assets as shown in its annual statement for the
26preceding calendar year. The invoice is due upon receipt and

SB0042 Engrossed- 177 -LRB100 04925 MLM 14935 b
1must be paid no later than June 30 of each calendar year. All
2financial regulation fees collected by the Department shall be
3paid to the Insurance Financial Regulation Fund. The Department
4may not collect financial examiner per diem charges from
5companies subject to subsections (6) and (7) of this Section
6undergoing financial examination after June 30, 1992.
7 (9) In addition to the financial regulation fee required by
8this Section, a company undergoing any financial examination
9authorized by law shall pay the following costs and expenses
10incurred by the Department: electronic data processing costs,
11the expenses authorized under Section 131.21 and subsection (d)
12of Section 132.4 of this Code, and lodging and travel expenses.
13 Electronic data processing costs incurred by the
14Department in the performance of any examination shall be
15billed directly to the company undergoing examination for
16payment to the Technology Management Statistical Services
17Revolving Fund. Except for direct reimbursements authorized by
18the Director or direct payments made under Section 131.21 or
19subsection (d) of Section 132.4 of this Code, all financial
20regulation fees and all financial examination charges
21collected by the Department shall be paid to the Insurance
22Financial Regulation Fund.
23 All lodging and travel expenses shall be in accordance with
24applicable travel regulations published by the Department of
25Central Management Services and approved by the Governor's
26Travel Control Board, except that out-of-state lodging and

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1travel expenses related to examinations authorized under
2Sections 132.1 through 132.7 shall be in accordance with travel
3rates prescribed under paragraph 301-7.2 of the Federal Travel
4Regulations, 41 C.F.R. 301-7.2, for reimbursement of
5subsistence expenses incurred during official travel. All
6lodging and travel expenses may be reimbursed directly upon the
7authorization of the Director.
8 In the case of an organization or person not subject to the
9financial regulation fee, the expenses incurred in any
10financial examination authorized by law shall be paid by the
11organization or person being examined. The charge shall be
12reasonably related to the cost of the examination including,
13but not limited to, compensation of examiners and other costs
14described in this subsection.
15 (10) Any company, person, or entity failing to make any
16payment of $150 or more as required under this Section shall be
17subject to the penalty and interest provisions provided for in
18subsections (4) and (7) of Section 412.
19 (11) Unless otherwise specified, all of the fees collected
20under this Section shall be paid into the Insurance Financial
21Regulation Fund.
22 (12) For purposes of this Section:
23 (a) "Domestic company" means a company as defined in
24 Section 2 of this Code which is incorporated or organized
25 under the laws of this State, and in addition includes a
26 not-for-profit corporation authorized under the Dental

SB0042 Engrossed- 179 -LRB100 04925 MLM 14935 b
1 Service Plan Act or the Voluntary Health Services Plans
2 Act, a health maintenance organization, and a limited
3 health service organization.
4 (b) "Foreign company" means a company as defined in
5 Section 2 of this Code which is incorporated or organized
6 under the laws of any state of the United States other than
7 this State and in addition includes a health maintenance
8 organization and a limited health service organization
9 which is incorporated or organized under the laws of any
10 state of the United States other than this State.
11 (c) "Alien company" means a company as defined in
12 Section 2 of this Code which is incorporated or organized
13 under the laws of any country other than the United States.
14 (d) "Fraternal benefit society" means a corporation,
15 society, order, lodge or voluntary association as defined
16 in Section 282.1 of this Code.
17 (e) "Mutual benefit association" means a company,
18 association or corporation authorized by the Director to do
19 business in this State under the provisions of Article
20 XVIII of this Code.
21 (f) "Burial society" means a person, firm,
22 corporation, society or association of individuals
23 authorized by the Director to do business in this State
24 under the provisions of Article XIX of this Code.
25 (g) "Farm mutual" means a district, county and township
26 mutual insurance company authorized by the Director to do

SB0042 Engrossed- 180 -LRB100 04925 MLM 14935 b
1 business in this State under the provisions of the Farm
2 Mutual Insurance Company Act of 1986.
3(Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11;
497-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
5 (215 ILCS 5/408.2) (from Ch. 73, par. 1020.2)
6 Sec. 408.2. Statistical Services. Any public record, or any
7data obtained by the Department of Insurance, which is subject
8to public inspection or copying and which is maintained on a
9computer processible medium, may be furnished in a computer
10processed or computer processible medium upon the written
11request of any applicant and the payment of a reasonable fee
12established by the Director sufficient to cover the total cost
13of the Department for processing, maintaining and generating
14such computer processible records or data, except to the extent
15of any salaries or compensation of Department officers or
16employees.
17 The Director of Insurance is specifically authorized to
18contract with members of the public at large, enter waiver
19agreements, or otherwise enter written agreements for the
20purpose of assuring public access to the Department's computer
21processible records or data, or for the purpose of restricting,
22controlling or limiting such access where necessary to protect
23the confidentiality of individuals, companies or other
24entities identified by such documents.
25 All fees collected by the Director under this Section 408.2

SB0042 Engrossed- 181 -LRB100 04925 MLM 14935 b
1shall be deposited in the Technology Management Statistical
2Services Revolving Fund and credited to the account of the
3Department of Insurance. Any surplus funds remaining in such
4account at the close of any fiscal year shall be delivered to
5the State Treasurer for deposit in the Insurance Financial
6Regulation Fund.
7(Source: P.A. 84-989.)
8 (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
9 Sec. 1202. Duties. The Director shall:
10 (a) determine the relationship of insurance premiums
11 and related income as compared to insurance costs and
12 expenses and provide such information to the General
13 Assembly and the general public;
14 (b) study the insurance system in the State of
15 Illinois, and recommend to the General Assembly what it
16 deems to be the most appropriate and comprehensive cost
17 containment system for the State;
18 (c) respond to the requests by agencies of government
19 and the General Assembly for special studies and analysis
20 of data collected pursuant to this Article. Such reports
21 shall be made available in a form prescribed by the
22 Director. The Director may also determine a fee to be
23 charged to the requesting agency to cover the direct and
24 indirect costs for producing such a report, and shall
25 permit affected insurers the right to review the accuracy

SB0042 Engrossed- 182 -LRB100 04925 MLM 14935 b
1 of the report before it is released. The fees shall be
2 deposited into the Technology Management Statistical
3 Services Revolving Fund and credited to the account of the
4 Department of Insurance;
5 (d) make an interim report to the General Assembly no
6 later than August 15, 1987, and an annual report to the
7 General Assembly no later than July 1 every year thereafter
8 which shall include the Director's findings and
9 recommendations regarding its duties as provided under
10 subsections (a), (b), and (c) of this Section.
11(Source: P.A. 98-226, eff. 1-1-14; 99-642, eff. 7-28-16.)
12 (215 ILCS 5/1206) (from Ch. 73, par. 1065.906)
13 Sec. 1206. Expenses. The companies required to file reports
14under this Article shall pay a reasonable fee established by
15the Director sufficient to cover the total cost of the
16Department incident to or associated with the administration
17and enforcement of this Article, including the collection,
18analysis and distribution of the insurance cost data, the
19conversion of hard copy reports to tape, and the compilation
20and analysis of basic reports. The Director may establish a
21schedule of fees for this purpose. Expenses for additional
22reports shall be billed to those requesting the reports. Any
23such fees collected under this Section shall be paid to the
24Director of Insurance and deposited into the Technology
25Management Statistical Services Revolving Fund and credited to

SB0042 Engrossed- 183 -LRB100 04925 MLM 14935 b
1the account of the Department of Insurance.
2(Source: P.A. 84-1431.)
3 Section 20-25. The Workers' Compensation Act is amended by
4changing Section 17 as follows:
5 (820 ILCS 305/17) (from Ch. 48, par. 138.17)
6 Sec. 17. The Commission shall cause to be printed and
7furnish free of charge upon request by any employer or employee
8such blank forms as may facilitate or promote efficient
9administration and the performance of the duties of the
10Commission. It shall provide a proper record in which shall be
11entered and indexed the name of any employer who shall file a
12notice of declination or withdrawal under this Act, and the
13date of the filing thereof; and a proper record in which shall
14be entered and indexed the name of any employee who shall file
15such notice of declination or withdrawal, and the date of the
16filing thereof; and such other notices as may be required by
17this Act; and records in which shall be recorded all
18proceedings, orders and awards had or made by the Commission or
19by the arbitration committees, and such other books or records
20as it shall deem necessary, all such records to be kept in the
21office of the Commission.
22 The Commission may destroy all papers and documents which
23have been on file for more than 5 years where there is no claim
24for compensation pending or where more than 2 years have

SB0042 Engrossed- 184 -LRB100 04925 MLM 14935 b
1elapsed since the termination of the compensation period.
2 The Commission shall compile and distribute to interested
3persons aggregate statistics, taken from any records and
4reports in the possession of the Commission. The aggregate
5statistics shall not give the names or otherwise identify
6persons sustaining injuries or disabilities or the employer of
7any injured person or person with a disability.
8 The Commission is authorized to establish reasonable fees
9and methods of payment limited to covering only the costs to
10the Commission for processing, maintaining and generating
11records or data necessary for the computerized production of
12documents, records and other materials except to the extent of
13any salaries or compensation of Commission officers or
14employees.
15 All fees collected by the Commission under this Section
16shall be deposited in the Technology Management Statistical
17Services Revolving Fund and credited to the account of the
18Illinois Workers' Compensation Commission.
19(Source: P.A. 99-143, eff. 7-27-15.)
20 Section 20-30. The Workers' Occupational Diseases Act is
21amended by changing Section 17 as follows:
22 (820 ILCS 310/17) (from Ch. 48, par. 172.52)
23 Sec. 17. The Commission shall cause to be printed and shall
24furnish free of charge upon request by any employer or employee

SB0042 Engrossed- 185 -LRB100 04925 MLM 14935 b
1such blank forms as it shall deem requisite to facilitate or
2promote the efficient administration of this Act, and the
3performance of the duties of the Commission. It shall provide a
4proper record in which shall be entered and indexed the name of
5any employer who shall file a notice of election under this
6Act, and the date of the filing thereof; and a proper record in
7which shall be entered and indexed the name of any employee who
8shall file a notice of election, and the date of the filing
9thereof; and such other notices as may be required by this Act;
10and records in which shall be recorded all proceedings, orders
11and awards had or made by the Commission, or by the arbitration
12committees, and such other books or records as it shall deem
13necessary, all such records to be kept in the office of the
14Commission. The Commission, in its discretion, may destroy all
15papers and documents except notices of election and waivers
16which have been on file for more than five years where there is
17no claim for compensation pending, or where more than two years
18have elapsed since the termination of the compensation period.
19 The Commission shall compile and distribute to interested
20persons aggregate statistics, taken from any records and
21reports in the possession of the Commission. The aggregate
22statistics shall not give the names or otherwise identify
23persons sustaining injuries or disabilities or the employer of
24any injured person or person with a disability.
25 The Commission is authorized to establish reasonable fees
26and methods of payment limited to covering only the costs to

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1the Commission for processing, maintaining and generating
2records or data necessary for the computerized production of
3documents, records and other materials except to the extent of
4any salaries or compensation of Commission officers or
5employees.
6 All fees collected by the Commission under this Section
7shall be deposited in the Technology Management Statistical
8Services Revolving Fund and credited to the account of the
9Illinois Workers' Compensation Commission.
10(Source: P.A. 99-143, eff. 7-27-15.)
11
ARTICLE 25. REFUNDING BONDS
12 Section 25-5. The General Obligation Bond Act is amended by
13changing Sections 2.5, 9, 11, and 16 as follows:
14 (30 ILCS 330/2.5)
15 Sec. 2.5. Limitation on issuance of Bonds.
16 (a) Except as provided in subsection (b), no Bonds may be
17issued if, after the issuance, in the next State fiscal year
18after the issuance of the Bonds, the amount of debt service
19(including principal, whether payable at maturity or pursuant
20to mandatory sinking fund installments, and interest) on all
21then-outstanding Bonds, other than Bonds authorized by Public
22Act 96-43 and other than Bonds authorized by Public Act
2396-1497, would exceed 7% of the aggregate appropriations from

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1the general funds (which consist of the General Revenue Fund,
2the Common School Fund, the General Revenue Common School
3Special Account Fund, and the Education Assistance Fund) and
4the Road Fund for the fiscal year immediately prior to the
5fiscal year of the issuance.
6 (b) If the Comptroller and Treasurer each consent in
7writing, Bonds may be issued even if the issuance does not
8comply with subsection (a). In addition, $2,000,000,000 in
9Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
10and $2,000,000,000 in Refunding Bonds under Section 16, may be
11issued during State fiscal year 2017 without complying with
12subsection (a). In addition, $2,000,000,000 in Bonds for the
13purposes set forth in Sections 3, 4, 5, 6, and 7, and
14$2,000,000,000 in Refunding Bonds under Section 16, may be
15issued during State fiscal year 2018 without complying with
16subsection (a).
17(Source: P.A. 99-523, eff. 6-30-16.)
18 (30 ILCS 330/9) (from Ch. 127, par. 659)
19 Sec. 9. Conditions for Issuance and Sale of Bonds -
20Requirements for Bonds.
21 (a) Except as otherwise provided in this subsection, Bonds
22shall be issued and sold from time to time, in one or more
23series, in such amounts and at such prices as may be directed
24by the Governor, upon recommendation by the Director of the
25Governor's Office of Management and Budget. Bonds shall be in

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

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1or be subject to mandatory redemption each fiscal year
2thereafter up to 25 years, except for refunding Bonds
3satisfying the requirements of Section 16 of this Act and sold
4during fiscal year 2009, 2010, or 2011 which must mature or be
5subject to mandatory redemption each fiscal year thereafter up
6to 16 years. Bonds issued under Section 3 of this Act for the
7costs associated with the purchase and implementation of
8information technology must be issued with principal or
9mandatory redemption amounts in equal amounts, with the first
10maturity issued occurring with the fiscal year in which the
11respective bonds are issued or with the next succeeding fiscal
12year, with the respective bonds issued maturing or subject to
13mandatory redemption each fiscal year thereafter up to 10
14years. Notwithstanding any provision of this Act to the
15contrary, the Bonds authorized by Public Act 96-43 shall be
16payable within 5 years from their date and must be issued with
17principal or mandatory redemption amounts in equal amounts,
18with payment of principal or mandatory redemption beginning in
19the first fiscal year following the fiscal year in which the
20Bonds are issued.
21 Notwithstanding any provision of this Act to the contrary,
22the Bonds authorized by Public Act 96-1497 shall be payable
23within 8 years from their date and shall be issued with payment
24of maturing principal or scheduled mandatory redemptions in
25accordance with the following schedule, except the following
26amounts shall be prorated if less than the total additional

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1amount of Bonds authorized by Public Act 96-1497 are issued:
2 Fiscal Year After Issuance Amount
3 1-2 $0
4 3 $110,712,120
5 4 $332,136,360
6 5 $664,272,720
7 6-8 $996,409,080
8 In the case of any series of Bonds bearing interest at a
9variable interest rate ("Variable Rate Bonds"), in lieu of
10determining the rate or rates at which such series of Variable
11Rate Bonds shall bear interest and the price or prices at which
12such Variable Rate Bonds shall be initially sold or remarketed
13(in the event of purchase and subsequent resale), the Bond Sale
14Order may provide that such interest rates and prices may vary
15from time to time depending on criteria established in such
16Bond Sale Order, which criteria may include, without
17limitation, references to indices or variations in interest
18rates as may, in the judgment of a remarketing agent, be
19necessary to cause Variable Rate Bonds of such series to be
20remarketable from time to time at a price equal to their
21principal amount, and may provide for appointment of a bank,
22trust company, investment bank, or other financial institution
23to serve as remarketing agent in that connection. The Bond Sale
24Order may provide that alternative interest rates or provisions
25for establishing alternative interest rates, different
26security or claim priorities, or different call or amortization

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1provisions will apply during such times as Variable Rate Bonds
2of any series are held by a person providing credit or
3liquidity enhancement arrangements for such Bonds as
4authorized in subsection (b) of this Section. The Bond Sale
5Order may also provide for such variable interest rates to be
6established pursuant to a process generally known as an auction
7rate process and may provide for appointment of one or more
8financial institutions to serve as auction agents and
9broker-dealers in connection with the establishment of such
10interest rates and the sale and remarketing of such Bonds.
11 (b) In connection with the issuance of any series of Bonds,
12the State may enter into arrangements to provide additional
13security and liquidity for such Bonds, including, without
14limitation, bond or interest rate insurance or letters of
15credit, lines of credit, bond purchase contracts, or other
16arrangements whereby funds are made available to retire or
17purchase Bonds, thereby assuring the ability of owners of the
18Bonds to sell or redeem their Bonds. The State may enter into
19contracts and may agree to pay fees to persons providing such
20arrangements, but only under circumstances where the Director
21of the Governor's Office of Management and Budget certifies
22that he or she reasonably expects the total interest paid or to
23be paid on the Bonds, together with the fees for the
24arrangements (being treated as if interest), would not, taken
25together, cause the Bonds to bear interest, calculated to their
26stated maturity, at a rate in excess of the rate that the Bonds

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1would bear in the absence of such arrangements.
2 The State may, with respect to Bonds issued or anticipated
3to be issued, participate in and enter into arrangements with
4respect to interest rate protection or exchange agreements,
5guarantees, or financial futures contracts for the purpose of
6limiting, reducing, or managing interest rate exposure. The
7authority granted under this paragraph, however, shall not
8increase the principal amount of Bonds authorized to be issued
9by law. The arrangements may be executed and delivered by the
10Director of the Governor's Office of Management and Budget on
11behalf of the State. Net payments for such arrangements shall
12constitute interest on the Bonds and shall be paid from the
13General Obligation Bond Retirement and Interest Fund. The
14Director of the Governor's Office of Management and Budget
15shall at least annually certify to the Governor and the State
16Comptroller his or her estimate of the amounts of such net
17payments to be included in the calculation of interest required
18to be paid by the State.
19 (c) Prior to the issuance of any Variable Rate Bonds
20pursuant to subsection (a), the Director of the Governor's
21Office of Management and Budget shall adopt an interest rate
22risk management policy providing that the amount of the State's
23variable rate exposure with respect to Bonds shall not exceed
2420%. This policy shall remain in effect while any Bonds are
25outstanding and the issuance of Bonds shall be subject to the
26terms of such policy. The terms of this policy may be amended

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1from time to time by the Director of the Governor's Office of
2Management and Budget but in no event shall any amendment cause
3the permitted level of the State's variable rate exposure with
4respect to Bonds to exceed 20%.
5 (d) "Build America Bonds" in this Section means Bonds
6authorized by Section 54AA of the Internal Revenue Code of
71986, as amended ("Internal Revenue Code"), and bonds issued
8from time to time to refund or continue to refund "Build
9America Bonds".
10 (e) Notwithstanding any other provision of this Section,
11Qualified School Construction Bonds shall be issued and sold
12from time to time, in one or more series, in such amounts and
13at such prices as may be directed by the Governor, upon
14recommendation by the Director of the Governor's Office of
15Management and Budget. Qualified School Construction Bonds
16shall be in such form (either coupon, registered or book
17entry), in such denominations, payable within 25 years from
18their date, subject to such terms of redemption with or without
19premium, and if the Qualified School Construction Bonds are
20issued with a supplemental coupon, bear interest payable at
21such times and at such fixed or variable rate or rates, and be
22dated as shall be fixed and determined by the Director of the
23Governor's Office of Management and Budget in the order
24authorizing the issuance and sale of any series of Qualified
25School Construction Bonds, which order shall be approved by the
26Governor and is herein called a "Bond Sale Order"; except that

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1interest payable at fixed or variable rates, if any, shall not
2exceed that permitted in the Bond Authorization Act, as now or
3hereafter amended. Qualified School Construction Bonds shall
4be payable at such place or places, within or without the State
5of Illinois, and may be made registrable as to either principal
6or as to both principal and interest, as shall be specified in
7the Bond Sale Order. Qualified School Construction Bonds may be
8callable or subject to purchase and retirement or tender and
9remarketing as fixed and determined in the Bond Sale Order.
10Qualified School Construction Bonds must be issued with
11principal or mandatory redemption amounts or sinking fund
12payments into the General Obligation Bond Retirement and
13Interest Fund (or subaccount therefor) in equal amounts, with
14the first maturity issued, mandatory redemption payment or
15sinking fund payment occurring within the fiscal year in which
16the Qualified School Construction Bonds are issued or within
17the next succeeding fiscal year, with Qualified School
18Construction Bonds issued maturing or subject to mandatory
19redemption or with sinking fund payments thereof deposited each
20fiscal year thereafter up to 25 years. Sinking fund payments
21set forth in this subsection shall be permitted only to the
22extent authorized in Section 54F of the Internal Revenue Code
23or as otherwise determined by the Director of the Governor's
24Office of Management and Budget. "Qualified School
25Construction Bonds" in this subsection means Bonds authorized
26by Section 54F of the Internal Revenue Code and for bonds

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1issued from time to time to refund or continue to refund such
2"Qualified School Construction Bonds".
3 (f) Beginning with the next issuance by the Governor's
4Office of Management and Budget to the Procurement Policy Board
5of a request for quotation for the purpose of formulating a new
6pool of qualified underwriting banks list, all entities
7responding to such a request for quotation for inclusion on
8that list shall provide a written report to the Governor's
9Office of Management and Budget and the Illinois Comptroller.
10The written report submitted to the Comptroller shall (i) be
11published on the Comptroller's Internet website and (ii) be
12used by the Governor's Office of Management and Budget for the
13purposes of scoring such a request for quotation. The written
14report, at a minimum, shall:
15 (1) disclose whether, within the past 3 months,
16 pursuant to its credit default swap market-making
17 activities, the firm has entered into any State of Illinois
18 credit default swaps ("CDS");
19 (2) include, in the event of State of Illinois CDS
20 activity, disclosure of the firm's cumulative notional
21 volume of State of Illinois CDS trades and the firm's
22 outstanding gross and net notional amount of State of
23 Illinois CDS, as of the end of the current 3-month period;
24 (3) indicate, pursuant to the firm's proprietary
25 trading activities, disclosure of whether the firm, within
26 the past 3 months, has entered into any proprietary trades

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

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

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1 reports that reference State of Illinois CDS and include
2 those research or marketing reports as attachments.
3(Source: P.A. 99-523, eff. 6-30-16.)
4 (30 ILCS 330/11) (from Ch. 127, par. 661)
5 Sec. 11. Sale of Bonds. Except as otherwise provided in
6this Section, Bonds shall be sold from time to time pursuant to
7notice of sale and public bid or by negotiated sale in such
8amounts and at such times as is directed by the Governor, upon
9recommendation by the Director of the Governor's Office of
10Management and Budget. At least 25%, based on total principal
11amount, of all Bonds issued each fiscal year shall be sold
12pursuant to notice of sale and public bid. At all times during
13each fiscal year, no more than 75%, based on total principal
14amount, of the Bonds issued each fiscal year, shall have been
15sold by negotiated sale. Failure to satisfy the requirements in
16the preceding 2 sentences shall not affect the validity of any
17previously issued Bonds; provided that all Bonds authorized by
18Public Act 96-43 and Public Act 96-1497 shall not be included
19in determining compliance for any fiscal year with the
20requirements of the preceding 2 sentences; and further provided
21that refunding Bonds satisfying the requirements of Section 16
22of this Act and sold during fiscal year 2009, 2010, 2011, or
232017, or 2018 shall not be subject to the requirements in the
24preceding 2 sentences.
25 If any Bonds, including refunding Bonds, are to be sold by

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1negotiated sale, the Director of the Governor's Office of
2Management and Budget shall comply with the competitive request
3for proposal process set forth in the Illinois Procurement Code
4and all other applicable requirements of that Code.
5 If Bonds are to be sold pursuant to notice of sale and
6public bid, the Director of the Governor's Office of Management
7and Budget may, from time to time, as Bonds are to be sold,
8advertise the sale of the Bonds in at least 2 daily newspapers,
9one of which is published in the City of Springfield and one in
10the City of Chicago. The sale of the Bonds shall also be
11advertised in the volume of the Illinois Procurement Bulletin
12that is published by the Department of Central Management
13Services, and shall be published once at least 10 days prior to
14the date fixed for the opening of the bids. The Director of the
15Governor's Office of Management and Budget may reschedule the
16date of sale upon the giving of such additional notice as the
17Director deems adequate to inform prospective bidders of such
18change; provided, however, that all other conditions of the
19sale shall continue as originally advertised.
20 Executed Bonds shall, upon payment therefor, be delivered
21to the purchaser, and the proceeds of Bonds shall be paid into
22the State Treasury as directed by Section 12 of this Act.
23(Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)
24 (30 ILCS 330/16) (from Ch. 127, par. 666)
25 Sec. 16. Refunding Bonds. The State of Illinois is

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1authorized to issue, sell, and provide for the retirement of
2General Obligation Bonds of the State of Illinois in the amount
3of $4,839,025,000, at any time and from time to time
4outstanding, for the purpose of refunding any State of Illinois
5general obligation Bonds then outstanding, including the
6payment of any redemption premium thereon, any reasonable
7expenses of such refunding, any interest accrued or to accrue
8to the earliest or any subsequent date of redemption or
9maturity of such outstanding Bonds and any interest to accrue
10to the first interest payment on the refunding Bonds; provided
11that all non-refunding Bonds in an issue that includes
12refunding Bonds shall mature no later than the final maturity
13date of Bonds being refunded; provided that no refunding Bonds
14shall be offered for sale unless the net present value of debt
15service savings to be achieved by the issuance of the refunding
16Bonds is 3% or more of the principal amount of the refunding
17Bonds to be issued; and further provided that, except for
18refunding Bonds sold in fiscal year 2009, 2010, 2011, or 2017,
19or 2018, the maturities of the refunding Bonds shall not extend
20beyond the maturities of the Bonds they refund, so that for
21each fiscal year in the maturity schedule of a particular issue
22of refunding Bonds, the total amount of refunding principal
23maturing and redemption amounts due in that fiscal year and all
24prior fiscal years in that schedule shall be greater than or
25equal to the total amount of refunded principal and redemption
26amounts that had been due over that year and all prior fiscal

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1years prior to the refunding.
2 The Governor shall notify the State Treasurer and
3Comptroller of such refunding. The proceeds received from the
4sale of refunding Bonds shall be used for the retirement at
5maturity or redemption of such outstanding Bonds on any
6maturity or redemption date and, pending such use, shall be
7placed in escrow, subject to such terms and conditions as shall
8be provided for in the Bond Sale Order relating to the
9Refunding Bonds. Proceeds not needed for deposit in an escrow
10account shall be deposited in the General Obligation Bond
11Retirement and Interest Fund. This Act shall constitute an
12irrevocable and continuing appropriation of all amounts
13necessary to establish an escrow account for the purpose of
14refunding outstanding general obligation Bonds and to pay the
15reasonable expenses of such refunding and of the issuance and
16sale of the refunding Bonds. Any such escrowed proceeds may be
17invested and reinvested in direct obligations of the United
18States of America, maturing at such time or times as shall be
19appropriate to assure the prompt payment, when due, of the
20principal of and interest and redemption premium, if any, on
21the refunded Bonds. After the terms of the escrow have been
22fully satisfied, any remaining balance of such proceeds and
23interest, income and profits earned or realized on the
24investments thereof shall be paid into the General Revenue
25Fund. The liability of the State upon the Bonds shall continue,
26provided that the holders thereof shall thereafter be entitled

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1to payment only out of the moneys deposited in the escrow
2account.
3 Except as otherwise herein provided in this Section, such
4refunding Bonds shall in all other respects be subject to the
5terms and conditions of this Act.
6(Source: P.A. 99-523, eff. 6-30-16.)
7 Section 25-10. The Build Illinois Bond Act is amended by
8changing Sections 6, 8, and 15 as follows:
9 (30 ILCS 425/6) (from Ch. 127, par. 2806)
10 Sec. 6. Conditions for Issuance and Sale of Bonds -
11Requirements for Bonds - Master and Supplemental Indentures -
12Credit and Liquidity Enhancement.
13 (a) Bonds shall be issued and sold from time to time, in
14one or more series, in such amounts and at such prices as
15directed by the Governor, upon recommendation by the Director
16of the Governor's Office of Management and Budget. Bonds shall
17be payable only from the specific sources and secured in the
18manner provided in this Act. Bonds shall be in such form, in
19such denominations, mature on such dates within 25 years from
20their date of issuance, be subject to optional or mandatory
21redemption, bear interest payable at such times and at such
22rate or rates, fixed or variable, and be dated as shall be
23fixed and determined by the Director of the Governor's Office
24of Management and Budget in an order authorizing the issuance

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1and sale of any series of Bonds, which order shall be approved
2by the Governor and is herein called a "Bond Sale Order";
3provided, however, that interest payable at fixed rates shall
4not exceed that permitted in "An Act to authorize public
5corporations to issue bonds, other evidences of indebtedness
6and tax anticipation warrants subject to interest rate
7limitations set forth therein", approved May 26, 1970, as now
8or hereafter amended, and interest payable at variable rates
9shall not exceed the maximum rate permitted in the Bond Sale
10Order. Said Bonds shall be payable at such place or places,
11within or without the State of Illinois, and may be made
12registrable as to either principal only or as to both principal
13and interest, as shall be specified in the Bond Sale Order.
14Bonds may be callable or subject to purchase and retirement or
15remarketing as fixed and determined in the Bond Sale Order.
16Bonds (i) except for refunding Bonds satisfying the
17requirements of Section 15 of this Act and sold during fiscal
18year 2009, 2010, 2011, or 2017, or 2018, must be issued with
19principal or mandatory redemption amounts in equal amounts,
20with the first maturity issued occurring within the fiscal year
21in which the Bonds are issued or within the next succeeding
22fiscal year and (ii) must mature or be subject to mandatory
23redemption each fiscal year thereafter up to 25 years, except
24for refunding Bonds satisfying the requirements of Section 15
25of this Act and sold during fiscal year 2009, 2010, or 2011
26which must mature or be subject to mandatory redemption each

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1fiscal year thereafter up to 16 years.
2 All Bonds authorized under this Act shall be issued
3pursuant to a master trust indenture ("Master Indenture")
4executed and delivered on behalf of the State by the Director
5of the Governor's Office of Management and Budget, such Master
6Indenture to be in substantially the form approved in the Bond
7Sale Order authorizing the issuance and sale of the initial
8series of Bonds issued under this Act. Such initial series of
9Bonds may, and each subsequent series of Bonds shall, also be
10issued pursuant to a supplemental trust indenture
11("Supplemental Indenture") executed and delivered on behalf of
12the State by the Director of the Governor's Office of
13Management and Budget, each such Supplemental Indenture to be
14in substantially the form approved in the Bond Sale Order
15relating to such series. The Master Indenture and any
16Supplemental Indenture shall be entered into with a bank or
17trust company in the State of Illinois having trust powers and
18possessing capital and surplus of not less than $100,000,000.
19Such indentures shall set forth the terms and conditions of the
20Bonds and provide for payment of and security for the Bonds,
21including the establishment and maintenance of debt service and
22reserve funds, and for other protections for holders of the
23Bonds. The term "reserve funds" as used in this Act shall
24include funds and accounts established under indentures to
25provide for the payment of principal of and premium and
26interest on Bonds, to provide for the purchase, retirement or

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1defeasance of Bonds, to provide for fees of trustees,
2registrars, paying agents and other fiduciaries and to provide
3for payment of costs of and debt service payable in respect of
4credit or liquidity enhancement arrangements, interest rate
5swaps or guarantees or financial futures contracts and indexing
6and remarketing agents' services.
7 In the case of any series of Bonds bearing interest at a
8variable interest rate ("Variable Rate Bonds"), in lieu of
9determining the rate or rates at which such series of Variable
10Rate Bonds shall bear interest and the price or prices at which
11such Variable Rate Bonds shall be initially sold or remarketed
12(in the event of purchase and subsequent resale), the Bond Sale
13Order may provide that such interest rates and prices may vary
14from time to time depending on criteria established in such
15Bond Sale Order, which criteria may include, without
16limitation, references to indices or variations in interest
17rates as may, in the judgment of a remarketing agent, be
18necessary to cause Bonds of such series to be remarketable from
19time to time at a price equal to their principal amount (or
20compound accreted value in the case of original issue discount
21Bonds), and may provide for appointment of indexing agents and
22a bank, trust company, investment bank or other financial
23institution to serve as remarketing agent in that connection.
24The Bond Sale Order may provide that alternative interest rates
25or provisions for establishing alternative interest rates,
26different security or claim priorities or different call or

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1amortization provisions will apply during such times as Bonds
2of any series are held by a person providing credit or
3liquidity enhancement arrangements for such Bonds as
4authorized in subsection (b) of Section 6 of this Act.
5 (b) In connection with the issuance of any series of Bonds,
6the State may enter into arrangements to provide additional
7security and liquidity for such Bonds, including, without
8limitation, bond or interest rate insurance or letters of
9credit, lines of credit, bond purchase contracts or other
10arrangements whereby funds are made available to retire or
11purchase Bonds, thereby assuring the ability of owners of the
12Bonds to sell or redeem their Bonds. The State may enter into
13contracts and may agree to pay fees to persons providing such
14arrangements, but only under circumstances where the Director
15of the Bureau of the Budget (now Governor's Office of
16Management and Budget) certifies that he reasonably expects the
17total interest paid or to be paid on the Bonds, together with
18the fees for the arrangements (being treated as if interest),
19would not, taken together, cause the Bonds to bear interest,
20calculated to their stated maturity, at a rate in excess of the
21rate which the Bonds would bear in the absence of such
22arrangements. Any bonds, notes or other evidences of
23indebtedness issued pursuant to any such arrangements for the
24purpose of retiring and discharging outstanding Bonds shall
25constitute refunding Bonds under Section 15 of this Act. The
26State may participate in and enter into arrangements with

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1respect to interest rate swaps or guarantees or financial
2futures contracts for the purpose of limiting or restricting
3interest rate risk; provided that such arrangements shall be
4made with or executed through banks having capital and surplus
5of not less than $100,000,000 or insurance companies holding
6the highest policyholder rating accorded insurers by A.M. Best &
7 Co. or any comparable rating service or government bond
8dealers reporting to, trading with, and recognized as primary
9dealers by a Federal Reserve Bank and having capital and
10surplus of not less than $100,000,000, or other persons whose
11debt securities are rated in the highest long-term categories
12by both Moody's Investors' Services, Inc. and Standard & Poor's
13Corporation. Agreements incorporating any of the foregoing
14arrangements may be executed and delivered by the Director of
15the Governor's Office of Management and Budget on behalf of the
16State in substantially the form approved in the Bond Sale Order
17relating to such Bonds.
18 (c) "Build America Bonds" in this Section means Bonds
19authorized by Section 54AA of the Internal Revenue Code of
201986, as amended ("Internal Revenue Code"), and bonds issued
21from time to time to refund or continue to refund "Build
22America Bonds".
23(Source: P.A. 99-523, eff. 6-30-16.)
24 (30 ILCS 425/8) (from Ch. 127, par. 2808)
25 Sec. 8. Sale of Bonds. Bonds, except as otherwise provided

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

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1the City of Chicago. The sale of the Bonds shall also be
2advertised in the volume of the Illinois Procurement Bulletin
3that is published by the Department of Central Management
4Services, and shall be published once at least 10 days prior to
5the date fixed for the opening of the bids. The Director of the
6Governor's Office of Management and Budget may reschedule the
7date of sale upon the giving of such additional notice as the
8Director deems adequate to inform prospective bidders of the
9change; provided, however, that all other conditions of the
10sale shall continue as originally advertised. Executed Bonds
11shall, upon payment therefor, be delivered to the purchaser,
12and the proceeds of Bonds shall be paid into the State Treasury
13as directed by Section 9 of this Act. The Governor or the
14Director of the Governor's Office of Management and Budget is
15hereby authorized and directed to execute and deliver contracts
16of sale with underwriters and to execute and deliver such
17certificates, indentures, agreements and documents, including
18any supplements or amendments thereto, and to take such actions
19and do such things as shall be necessary or desirable to carry
20out the purposes of this Act. Any action authorized or
21permitted to be taken by the Director of the Governor's Office
22of Management and Budget pursuant to this Act is hereby
23authorized to be taken by any person specifically designated by
24the Governor to take such action in a certificate signed by the
25Governor and filed with the Secretary of State.
26(Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)

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1 (30 ILCS 425/15) (from Ch. 127, par. 2815)
2 Sec. 15. Refunding Bonds. Refunding Bonds are hereby
3authorized for the purpose of refunding any outstanding Bonds,
4including the payment of any redemption premium thereon, any
5reasonable expenses of such refunding, and any interest accrued
6or to accrue to the earliest or any subsequent date of
7redemption or maturity of outstanding Bonds; provided that all
8non-refunding Bonds in an issue that includes refunding Bonds
9shall mature no later than the final maturity date of Bonds
10being refunded; provided that no refunding Bonds shall be
11offered for sale unless the net present value of debt service
12savings to be achieved by the issuance of the refunding Bonds
13is 3% or more of the principal amount of the refunding Bonds to
14be issued; and further provided that, except for refunding
15Bonds sold in fiscal year 2009, 2010, 2011, or 2017, or 2018,
16the maturities of the refunding Bonds shall not extend beyond
17the maturities of the Bonds they refund, so that for each
18fiscal year in the maturity schedule of a particular issue of
19refunding Bonds, the total amount of refunding principal
20maturing and redemption amounts due in that fiscal year and all
21prior fiscal years in that schedule shall be greater than or
22equal to the total amount of refunded principal and redemption
23amounts that had been due over that year and all prior fiscal
24years prior to the refunding.
25 Refunding Bonds may be sold in such amounts and at such

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1times, as directed by the Governor upon recommendation by the
2Director of the Governor's Office of Management and Budget. The
3Governor shall notify the State Treasurer and Comptroller of
4such refunding. The proceeds received from the sale of
5refunding Bonds shall be used for the retirement at maturity or
6redemption of such outstanding Bonds on any maturity or
7redemption date and, pending such use, shall be placed in
8escrow, subject to such terms and conditions as shall be
9provided for in the Bond Sale Order relating to the refunding
10Bonds. This Act shall constitute an irrevocable and continuing
11appropriation of all amounts necessary to establish an escrow
12account for the purpose of refunding outstanding Bonds and to
13pay the reasonable expenses of such refunding and of the
14issuance and sale of the refunding Bonds. Any such escrowed
15proceeds may be invested and reinvested in direct obligations
16of the United States of America, maturing at such time or times
17as shall be appropriate to assure the prompt payment, when due,
18of the principal of and interest and redemption premium, if
19any, on the refunded Bonds. After the terms of the escrow have
20been fully satisfied, any remaining balance of such proceeds
21and interest, income and profits earned or realized on the
22investments thereof shall be paid into the General Revenue
23Fund. The liability of the State upon the refunded Bonds shall
24continue, provided that the holders thereof shall thereafter be
25entitled to payment only out of the moneys deposited in the
26escrow account and the refunded Bonds shall be deemed paid,

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1discharged and no longer to be outstanding.
2 Except as otherwise herein provided in this Section, such
3refunding Bonds shall in all other respects be issued pursuant
4to and subject to the terms and conditions of this Act and
5shall be secured by and payable from only the funds and sources
6which are provided under this Act.
7(Source: P.A. 99-523, eff. 6-30-16.)
8
ARTICLE 30. SPENDING CAPS
9 Section 30-5. The Illinois Income Tax Act is amended by
10adding Section 201.6 as follows:
11 (35 ILCS 5/201.6 new)
12 Sec. 201.6. Fiscal Year 2018 spending limitation and tax
13reduction.
14 (a) If, in State fiscal year 2018, State spending exceeds
15the State spending limitation set forth in subsection (b) of
16this Section for that fiscal year, then the tax rates for:
17 (1) individuals, trusts, and estates set forth in
18 paragraphs (5.3) and (5.4) of subsection (b) of Section
19 201, as amended by Senate Bill 9 of the 100th General
20 Assembly, shall be reduced, according to the procedures set
21 forth in this Section, to 3.75% of the taxpayer's net
22 income for that taxable year and for each taxable year
23 thereafter; and

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1 (2) corporations set forth in paragraphs (13) and (14)
2 of subsection (b) of Section 201, as amended by Senate Bill
3 9 of the 100th General Assembly, shall be reduced,
4 according to the procedures set forth in this Section, to
5 5.25% of the taxpayer's net income for that taxable year
6 and for each taxable year thereafter.
7 (b) The State spending limitation for fiscal year 2018
8shall be $37,316,000,000 except for: increases over amounts
9appropriated in fiscal year 2018, as required pursuant to
10certifications of the Boards of Trustees for the General
11Assembly Retirement System, Judges Retirement System of
12Illinois, State Employees' Retirement System of Illinois,
13Teachers' Retirement System of the State of Illinois, and State
14Universities Retirement System; increases over amounts
15transferred in fiscal year 2018 in amounts required to be
16transferred under Section 15 of the General Obligation Bond
17Act; or increases over payments made in fiscal year 2018 in
18payments to the Health Insurance Reserve Fund necessary to
19cover state obligations of the State Employees Group Insurance
20Act of 1971.
21 (c) Notwithstanding any provision of law to the contrary,
22the Auditor General shall examine each Public Act authorizing
23State spending from State general funds and prepare a report no
24later than 30 days after receiving notification of the Public
25Act from the Secretary of State or 60 days after the effective
26date of the Public Act, whichever is earlier. The Auditor

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1General shall file the report with the Secretary of State and
2copies with the Governor, the State Treasurer, the State
3Comptroller, the Senate, and the House of Representatives. The
4report shall indicate: (i) the amount of State spending set
5forth in the applicable Public Act; (ii) the total amount of
6State spending authorized by law for the applicable fiscal year
7as of the date of the report; and (iii) whether State spending
8exceeds the State spending limitation set forth in subsection
9(b). The Auditor General may examine multiple Public Acts in
10one consolidated report, provided that each Public Act is
11examined within the time period mandated by this subsection
12(c). The Auditor General shall issue reports in accordance with
13this Section through June 30, 2018, or the effective date of a
14reduction as provided for in this Section in the rates of tax
15set forth in paragraphs (5.3), (5.4), (13), and (14) of
16subsection (b) of Section 201, as amended by Senate Bill 9 of
17the 100th General Assembly, whichever is earlier. At the
18request of the Auditor General, each State agency shall,
19without delay, make available to the Auditor General or his or
20her designated representative any record or information
21requested and shall provide for examination or copying all
22records, accounts, papers, reports, vouchers, correspondence,
23books and other documentation in the custody of that agency,
24including information stored in electronic data processing
25systems, which is related to or within the scope of a report
26prepared under this Section. The Auditor General shall report

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1to the Governor each instance in which a State agency fails to
2cooperate promptly and fully with his or her office as required
3by this Section. The Auditor General's report shall not be in
4the nature of a post-audit or examination and shall not lead to
5the issuance of an opinion as that term is defined in generally
6accepted government auditing standards.
7 (d) If the Auditor General reports that State spending has
8exceeded the State spending limitation for the fiscal year set
9forth in subsection (b) and if the Governor has not been
10presented with a bill or bills passed by the General Assembly
11to reduce State spending to a level that does not exceed the
12State spending limitation within 45 calendar days of receipt of
13the Auditor General's report, then the Governor may, for the
14purpose of reducing State spending to a level that does not
15exceed the State spending limitation for the fiscal year set
16forth in subsection (b), designate amounts to be set aside as a
17reserve from the amounts appropriated from the State general
18funds for all boards, commissions, agencies, institutions,
19authorities, colleges, universities, and bodies politic and
20corporate of the State, but not other constitutional officers,
21the legislative or judicial branch, the office of the Executive
22Inspector General, or the Executive Ethics Commission. Such a
23designation must be made within 15 calendar days after the end
24of that 45-day period. If the Governor designates amounts to be
25set aside as a reserve, the Governor shall give notice of the
26designation to the Auditor General, the State Treasurer, the

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1State Comptroller, the Senate, and the House of
2Representatives. The amounts placed in reserves shall not be
3transferred, obligated, encumbered, expended, or otherwise
4committed unless so authorized by law. Any amount placed in
5reserves is not State spending and shall not be considered when
6calculating the total amount of State spending for the fiscal
7year. Any Public Act authorizing the use of amounts placed in
8reserve by the Governor is considered State spending, unless
9such Public Act authorizes the use of amounts placed in
10reserves in response to a fiscal emergency under subsection
11(g).
12 (e) If the Auditor General reports under subsection (c)
13that State spending has exceeded the State spending limitation
14set forth for the fiscal year in subsection (b), then the
15Auditor General shall issue a supplemental report no sooner
16than the 61st day and no later than the 65th day after issuing
17the report pursuant to subsection (c). The supplemental report
18shall: (i) summarize details of actions taken by the General
19Assembly and the Governor after the issuance of the initial
20report to reduce State spending, if any, (ii) indicate whether
21the level of State spending has changed since the initial
22report, and (iii) indicate whether State spending exceeds the
23State spending limitation. The Auditor General shall file the
24report with the Secretary of State and copies with the
25Governor, the State Treasurer, the State Comptroller, the
26Senate, and the House of Representatives. If the supplemental

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1report of the Auditor General indicates that State spending
2exceeds the State spending limitation for that fiscal year,
3then the rates of tax set forth in paragraphs (5.3), (5.4),
4(13), and (14) of subsection (b) of Section 201, as amended by
5Senate Bill 9 of the 100th General Assembly, are reduced as
6provided in subsection (a) of this Section, beginning on the
7first day of the first month to occur not less than 30 days
8after issuance of the supplemental report.
9 (f) Should the rates of tax be reduced under this Section,
10the tax imposed by subsections (a) and (b) of Section 201 shall
11be determined as follows:
12 (1) In the case of an individual, trust, or estate, the
13 tax shall be imposed in an amount equal to the sum of (i)
14 the rate applicable to the taxpayer under subsection (b) of
15 Section 201 (without regard to the provisions of this
16 Section) times the taxpayer's net income for any portion of
17 the taxable year prior to the effective date of the
18 reduction, and (ii) 3.75% of the taxpayer's net income for
19 any portion of the taxable year on or after the effective
20 date of the reduction.
21 (2) In the case of a corporation, the tax shall be
22 imposed in an amount equal to the sum of (i) the rate
23 applicable to the taxpayer under subsection (b) of Section
24 201 (without regard to the provisions of this Section)
25 times the taxpayer's net income for any portion of the
26 taxable year prior to the effective date of the reduction,

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1 and (ii) 5.25% of the taxpayer's net income for any portion
2 of the taxable year on or after the effective date of the
3 reduction.
4 (3) For any taxpayer for whom the rate has been reduced
5 under this Section for a portion of a taxable year, the
6 taxpayer shall determine the net income for each portion of
7 the taxable year following the rules set forth in Section
8 202.5, as amended by Senate Bill 9 of the 100th General
9 Assembly, using the effective date of the rate reduction
10 rather than the January 1 dates found in that Section, and
11 the day before the effective date of the rate reduction
12 rather than the December 31 dates found in that Section.
13 (4) If the rate applicable to the taxpayer under
14 subsection (b) of Section 201 (without regard to the
15 provisions of this Section) changes during a portion of the
16 taxable year to which that rate is applied under paragraphs
17 (1) or (2) of this subsection (f), the tax for that portion
18 of the taxable year for purposes of paragraph (1) or (2) of
19 this subsection (f) shall be determined as if that portion
20 of the taxable year were a separate taxable year, following
21 the rules set forth in Section 202.5, as amended by Senate
22 Bill 9 of the 100th General Assembly. If the taxpayer
23 elects to follow the rules set forth in subsection (b) of
24 Section 202.5, as amended by Senate Bill 9 of the 100th
25 General Assembly, then the taxpayer shall follow the rules
26 set forth in subsection (b) of Section 202.5, as amended by

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1 Senate Bill 9 of the 100th General Assembly, for all
2 purposes of this Section for that taxable year.
3 (g) Notwithstanding the State spending limitation set
4forth in subsection (b) of this Section, the Governor may, with
5the written consent of the State Treasurer and the State
6Comptroller, declare a fiscal emergency by filing a declaration
7with the Secretary of State and copies with the State
8Treasurer, the State Comptroller, the Senate, and the House of
9Representatives. The declaration: must be limited to only one
10State fiscal year, must set forth compelling reasons for
11declaring a fiscal emergency, may reference amounts required to
12be transferred under Section 15 of the General Obligation Bond
13Act, and must request a specific dollar amount. State spending
14authorized by law to address the fiscal emergency in an amount
15no greater than the dollar amount specified in the declaration
16shall not be considered "State spending" for purposes of the
17State spending limitation.
18 (h) As used in this Section:
19 "State general funds" has the meaning provided in Section
2050-40 of the State Budget Law.
21 "State spending" means (i) the total amount authorized for
22spending by appropriation or statutory transfer from the State
23general funds in the applicable fiscal year, and (ii) any
24amounts the Governor places in reserves in accordance with
25subsection (d) that are subsequently released from reserves
26following authorization by a Public Act. For the purpose of

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1this definition, "appropriation" means authority to spend
2money from a State general fund for a specific amount, purpose,
3and time period, including any supplemental appropriation or
4continuing appropriation, but does not include
5reappropriations from a previous fiscal year. For the purpose
6of this definition, "statutory transfer" means authority to
7transfer funds from one State general fund to any other fund in
8the State treasury, but does not include transfers made from
9one State general fund to another State general fund.
10 "State spending limitation" means the amount described in
11subsection (b) of this Section for the applicable fiscal year.
12
ARTICLE 35. TOURISM FUNDS
13 Section 35-5. The Department of Commerce and Economic
14Opportunity Law of the Civil Administrative Code of Illinois is
15amended by changing Section 605-710 as follows:
16 (20 ILCS 605/605-710)
17 Sec. 605-710. Regional tourism development organizations.
18 (a) The Department may, subject to appropriation, provide
19grants from the Tourism Promotion Fund for the administrative
20costs of not-for-profit regional tourism development
21organizations that assist the Department in developing tourism
22throughout a multi-county geographical area designated by the
23Department. Regional tourism development organizations

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1receiving funds under this Section may be required by the
2Department to submit to audits of contracts awarded by the
3Department to determine whether the regional tourism
4development organization has performed all contractual
5obligations under those contracts.
6 Every employee of a regional tourism development
7organization receiving funds under this Section shall disclose
8to the organization's governing board and to the Department any
9economic interest that employee may have in any entity with
10which the regional tourism development organization has
11contracted or to which the regional tourism development
12organization has granted funds.
13 (b) The Department, from moneys transferred from the
14General Revenue Fund to the Tourism Promotion Fund and
15appropriated from the Tourism Promotion Fund, shall first
16provide funding of $5,000,000 annually to a governmental entity
17with at least 2,000,000 square feet of exhibition space that
18has as part of its duties the promotion of cultural, scientific
19and trade exhibits and events within a county with a population
20of more than 3,000,000, to be used for any of the governmental
21entity's general corporate purposes.
22(Source: P.A. 92-11, eff. 6-11-01; 92-38, eff. 6-28-01; 92-651,
23eff. 7-11-02.)
24 Section 35-10. The Illinois Promotion Act is amended by
25changing Sections 4a, 5, and 8 as follows:

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1 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
2 Sec. 4a. Funds.
3 (1) All moneys deposited in the Tourism Promotion Fund
4pursuant to this subsection are allocated to the Department for
5utilization, as appropriated, in the performance of its powers
6under Section 4; except that during fiscal year 2013, the
7Department shall reserve $9,800,000 of the total funds
8available for appropriation in the Tourism Promotion Fund for
9appropriation to the Historic Preservation Agency for the
10operation of the Abraham Lincoln Presidential Library and
11Museum and State historic sites.
12 As soon as possible after the first day of each month,
13beginning July 1, 1997 and ending on June 30, 2017, upon
14certification of the Department of Revenue, the Comptroller
15shall order transferred and the Treasurer shall transfer from
16the General Revenue Fund to the Tourism Promotion Fund an
17amount equal to 13% of the net revenue realized from the Hotel
18Operators' Occupation Tax Act plus an amount equal to 13% of
19the net revenue realized from any tax imposed under Section
204.05 of the Chicago World's Fair-1992 Authority Act during the
21preceding month. "Net revenue realized for a month" means the
22revenue collected by the State under that Act during the
23previous month less the amount paid out during that same month
24as refunds to taxpayers for overpayment of liability under that
25Act.

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1 (1.1) (Blank).
2 (2) As soon as possible after the first day of each month,
3beginning July 1, 1997 and ending on June 30, 2017, upon
4certification of the Department of Revenue, the Comptroller
5shall order transferred and the Treasurer shall transfer from
6the General Revenue Fund to the Tourism Promotion Fund an
7amount equal to 8% of the net revenue realized from the Hotel
8Operators' Occupation Tax plus an amount equal to 8% of the net
9revenue realized from any tax imposed under Section 4.05 of the
10Chicago World's Fair-1992 Authority Act during the preceding
11month. "Net revenue realized for a month" means the revenue
12collected by the State under that Act during the previous month
13less the amount paid out during that same month as refunds to
14taxpayers for overpayment of liability under that Act.
15 All monies deposited in the Tourism Promotion Fund under
16this subsection (2) shall be used solely as provided in this
17subsection to advertise and promote tourism throughout
18Illinois. Appropriations of monies deposited in the Tourism
19Promotion Fund pursuant to this subsection (2) shall be used
20solely for advertising to promote tourism, including but not
21limited to advertising production and direct advertisement
22costs, but shall not be used to employ any additional staff,
23finance any individual event, or lease, rent or purchase any
24physical facilities. The Department shall coordinate its
25advertising under this subsection (2) with other public and
26private entities in the State engaged in similar promotion

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

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1Occupation Tax Act.
2 (5) Beginning on July 1, 2017, moneys deposited into the
3Tourism Promotion Fund under subsection (c) of Section 6 of the
4Hotel Operators' Occupation Tax Act may be used by the
5Department of Commerce and Economic Opportunity for the
6purposes authorized in the Illinois Promotion Act and for
7advertising to promote tourism, including but not limited to
8advertising production and direct advertisement costs.
9(Source: P.A. 97-641, eff. 12-19-11; 97-732, eff. 6-30-12.)
10 (20 ILCS 665/5) (from Ch. 127, par. 200-25)
11 Sec. 5. Marketing and private sector programs.
12 (a) The Department is authorized to make grants, subject to
13appropriation, from funds transferred into the Tourism
14Promotion Fund under subsection (1) of Section 4a to counties,
15municipalities, not-for-profit organizations, and local
16promotion groups and to assist such counties, municipalities
17and local promotion groups in the promotion of tourism
18attractions and tourism events. The Department, after review of
19the application and if satisfied that the program and proposed
20expenditures of the applicant appear to be in accord with the
21purposes of this Act, must grant to the applicant an amount not
22to exceed 60% of the proposed expenditures.
23 (b) The Department may make grants, subject to
24appropriation, from funds transferred into the Tourism
25Promotion Fund under subsection (1) of Section 4a to counties,

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1municipalities, not-for-profit organizations, local promotion
2groups, and for-profit businesses to assist in attracting and
3hosting tourism events matched with funds from sources in the
4private sector. The Department, after review of the application
5and if satisfied that the program and proposed expenditures of
6the applicant appear to be in accord with the purposes of this
7Act, must grant to the applicant an amount not to exceed 50% of
8the proposed expenditures.
9 Before any such grant may be made the county, municipality,
10not-for-profit organization, local promotion group, or
11for-profit business must make application to the Department for
12such grant, setting forth the studies, surveys and
13investigations proposed to be made and other activities
14proposed to be undertaken. The application shall further state,
15under oath or affirmation, with evidence thereof satisfactory
16to the Department, the amount of funds held by, committed to or
17subscribed to, and proposed to be expended by, the applicant
18for the purposes herein described and the amount of the grant
19for which application is made.
20(Source: P.A. 92-38, eff. 6-28-01.)
21 (20 ILCS 665/8) (from Ch. 127, par. 200-28)
22 Sec. 8. Allocation of appropriations.
23 (1) Amounts transferred under subsection (1) of Section 4a
24that are appropriated from the Tourism Promotion Fund to the
25Department for the purpose of making grants under Sections 5
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1and 6 of this Act shall be allocated by the Department as
2follows:
3 (a) 62.5% to local promotion groups, municipalities,
4 and counties not wholly or partially within any county of
5 more than 1 million population;
6 (b) 37.5% to local promotion groups, municipalities,
7 and counties wholly or partially within any county of more
8 than 1 million population.
9 However, if sufficient local funds cannot be raised to
10match the allocation made under either paragraph (a) or (b) of
11this subsection, such appropriations may be reallocated, in
12whole or in part, to any applicant or applicants able to
13qualify for a grant or may be used by the Department to promote
14the tourist attractions of the State of Illinois as a whole.
15 (2) Amounts transferred under subsection (1) of Section 4a
16that are appropriated from the Tourism Promotion Fund to the
17Department for the purpose of making grants under Sections 5
18and 6 of this Act to match funds from the private sector may be
19used by the Department in any county of this State.
20