Bill Text: IL SB2217 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the FY2017 and FY2018 Budget Implementation Act. Amends various Acts to make the changes in State programs necessary to implement the FY2017 and FY2018 budgets. Provides that certain provisions in Article 55 are dependent on the enactment of Senate Bill 9. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-06-15 - Referred to Assignments [SB2217 Detail]

Download: Illinois-2017-SB2217-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2217

Introduced 6/15/2017, by Sen. William E. Brady

SYNOPSIS AS INTRODUCED:
See Index

Creates the FY2017 and FY2018 Budget Implementation Act. Amends various Acts to make the changes in State programs necessary to implement the FY2017 and FY2018 budgets. Provides that certain provisions in Article 55 are dependent on the enactment of Senate Bill 9. Effective immediately.
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A BILL FOR

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1 AN ACT concerning budget implementation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
ARTICLE 1. SHORT TITLE; PURPOSE
5 Section 1-1. Short title. This Act may be cited as the
6FY2017 and FY2018 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 for Fiscal Years 2017 and 2018.
10
ARTICLE 5. AMENDATORY PROVISIONS
11 Section 5-2. The State Budget Law of the Civil
12Administrative Code of Illinois is amended by adding Section
1350-40 as follows:
14 (15 ILCS 20/50-40 new)
15 Sec. 50-40. General funds defined. "General funds" or
16"State general funds" means the General Revenue Fund, the
17Common School Fund, the General Revenue Common School Special
18Account Fund, the Education Assistance Fund, the Fund for the
19Advancement of Education, the Commitment to Human Services

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1Fund, and the Budget Stabilization Fund.
2 Section 5-3. The Renewable Energy, Energy Efficiency, and
3Coal Resources Development Law of 1997 is amended by changing
4Section 6-5 as follows:
5 (20 ILCS 687/6-5)
6 (Section scheduled to be repealed on December 31, 2020)
7 Sec. 6-5. Infrastructure Development Renewable Energy
8Resources and Coal Technology Development Assistance Charge.
9 (a) Notwithstanding the provisions of Section 16-111 of the
10Public Utilities Act but subject to subsection (e) of this
11Section, each public utility, electric cooperative, as defined
12in Section 3.4 of the Electric Supplier Act, and municipal
13utility, as referenced in Section 3-105 of the Public Utilities
14Act, that is engaged in the delivery of electricity or the
15distribution of natural gas within the State of Illinois shall,
16effective January 1, 1998, assess each of its customer accounts
17a monthly Infrastructure Development Renewable Energy
18Resources and Coal Technology Development Assistance Charge.
19The delivering public utility, municipal electric or gas
20utility, or electric or gas cooperative for a self-assessing
21purchaser remains subject to the collection of the fee imposed
22by this Section. The monthly charge shall be as follows:
23 (1) $0.05 per month on each account for residential
24 electric service as defined in Section 13 of the Energy

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1 Assistance Act;
2 (2) $0.05 per month on each account for residential gas
3 service as defined in Section 13 of the Energy Assistance
4 Act;
5 (3) $0.50 per month on each account for nonresidential
6 electric service, as defined in Section 13 of the Energy
7 Assistance Act, which had less than 10 megawatts of peak
8 demand during the previous calendar year;
9 (4) $0.50 per month on each account for nonresidential
10 gas service, as defined in Section 13 of the Energy
11 Assistance Act, which had distributed to it less than
12 4,000,000 therms of gas during the previous calendar year;
13 (5) $37.50 per month on each account for nonresidential
14 electric service, as defined in Section 13 of the Energy
15 Assistance Act, which had 10 megawatts or greater of peak
16 demand during the previous calendar year; and
17 (6) $37.50 per month on each account for nonresidential
18 gas service, as defined in Section 13 of the Energy
19 Assistance Act, which had 4,000,000 or more therms of gas
20 distributed to it during the previous calendar year.
21 (b) The Infrastructure Development Renewable Energy
22Resources and Coal Technology Development Assistance Charge
23assessed by electric and gas public utilities shall be
24considered a charge for public utility service.
25 (c) Fifty percent of the moneys collected pursuant to this
26Section shall be deposited in the Lead Poisoning Screening,

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1Prevention, and Abatement Renewable Energy Resources Trust
2Fund by the Department of Revenue. The remaining 50 percent of
3the moneys collected pursuant to this Section shall be
4deposited in the Coal Technology Development Assistance Fund by
5the Department of Revenue for the exclusive purposes of (1)
6capturing or sequestering carbon emissions produced by coal
7combustion; (2) supporting research on the capture and
8sequestration of carbon emissions produced by coal combustion;
9and (3) improving coal miner safety.
10 (d) By the 20th day of the month following the month in
11which the charges imposed by this Section were collected, each
12utility and alternative retail electric supplier collecting
13charges pursuant to this Section shall remit to the Department
14of Revenue for deposit in the Lead Poisoning Screening,
15Prevention, and Abatement Renewable Energy Resources Trust
16Fund and the Coal Technology Development Assistance Fund all
17moneys received as payment of the charge provided for in this
18Section on a return prescribed and furnished by the Department
19of Revenue showing such information as the Department of
20Revenue may reasonably require.
21 (e) The charges imposed by this Section shall only apply to
22customers of municipal electric or gas utilities and electric
23or gas cooperatives if the municipal electric or gas utility or
24electric or gas cooperative makes an affirmative decision to
25impose the charge. If a municipal electric or gas utility or an
26electric or gas cooperative makes an affirmative decision to

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1impose the charge provided by this Section, the municipal
2electric or gas utility or electric or gas cooperative shall
3inform the Department of Revenue in writing of such decision
4when it begins to impose the charge. If a municipal electric or
5gas utility or electric or gas cooperative does not assess this
6charge, its customers shall not be eligible for the Renewable
7Energy Resources Program.
8 (f) The Department of Revenue may establish such rules as
9it deems necessary to implement this Section.
10(Source: P.A. 95-481, eff. 8-28-07.)
11 Section 5-5. The Military Code of Illinois is amended by
12changing Section 22-3 as follows:
13 (20 ILCS 1805/22-3) (from Ch. 129, par. 220.22-3)
14 Sec. 22-3. All monies received from the sale of Illinois
15National Guard facilities and lands pursuant to authority
16contained in Section 22-2, all monies received from the
17transfer or exchange of any realty under the control of the
18Department pursuant to authority contained in Section 22-5, and
19all funds received from the Federal government under terms of
20the Federal Master Cooperative Agreement related to
21constructing and maintaining real property between the
22Department of Military Affairs and the United States Property
23and Fiscal Officer for Illinois shall be paid into the State
24Treasury without delay and shall be deposited covered into a

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1special fund to be known as the Illinois National Guard
2Construction Fund. The monies in this fund shall be used
3exclusively by the Adjutant General for the purpose of
4acquiring building sites, and constructing new facilities,
5rehabilitating existing facilities, and making other capital
6improvements. The provisions directing the distributions from
7the Illinois National Guard Construction Fund provided for in
8this Section shall constitute an irrevocable and continuing
9appropriation of all amounts as provided herein. The State
10Treasurer and State Comptroller are hereby authorized and
11directed to make distributions as provided in this Section.
12Expenditures from this fund shall be subject to appropriation
13by the General Assembly and written release by the Governor.
14(Source: P.A. 97-764, eff. 7-6-12.)
15 (20 ILCS 1805/22-6 rep.)
16 Section 5-10. The Military Code of Illinois is amended by
17repealing Section 22-6.
18 Section 5-12. The Balanced Budget Note Act is amended by
19changing Section 5 as follows:
20 (25 ILCS 80/5) (from Ch. 63, par. 42.93-5)
21 Sec. 5. Supplemental Appropriation Bill Defined. For
22purposes of this Act, "supplemental appropriation bill" means
23any appropriation bill that is (a) introduced or amended

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1(including any changes to legislation by means of the
2submission of a conference committee report) on or after July 1
3of a fiscal year and (b) proposes (as introduced or as amended
4as the case may be) to authorize, increase, decrease, or
5reallocate any general funds appropriation for that same fiscal
6year. For purposes of this Section, "general funds" has the
7meaning provided in Section 50-40 of the State Budget Law. The
8general funds consist of the General Revenue Fund, the Common
9School Fund, the General Revenue Common School Special Account
10Fund, and the Education Assistance Fund.
11(Source: P.A. 87-688.)
12 Section 5-13. The General Assembly Compensation Act is
13amended by changing Section 1 as follows:
14 (25 ILCS 115/1) (from Ch. 63, par. 14)
15 Sec. 1. Each member of the General Assembly shall receive
16an annual salary of $28,000 or as set by the Compensation
17Review Board, whichever is greater. The following named
18officers, committee chairmen and committee minority spokesmen
19shall receive additional amounts per year for their services as
20such officers, committee chairmen and committee minority
21spokesmen respectively, as set by the Compensation Review Board
22or, as follows, whichever is greater: Beginning the second
23Wednesday in January 1989, the Speaker and the minority leader
24of the House of Representatives and the President and the

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1minority leader of the Senate, $16,000 each; the majority
2leader in the House of Representatives $13,500; 6 assistant
3majority leaders and 5 assistant minority leaders in the
4Senate, $12,000 each; 6 assistant majority leaders and 6
5assistant minority leaders in the House of Representatives,
6$10,500 each; 2 Deputy Majority leaders in the House of
7Representatives $11,500 each; and 2 Deputy Minority leaders in
8the House of Representatives, $11,500 each; the majority caucus
9chairman and minority caucus chairman in the Senate, $12,000
10each; and beginning the second Wednesday in January, 1989, the
11majority conference chairman and the minority conference
12chairman in the House of Representatives, $10,500 each;
13beginning the second Wednesday in January, 1989, the chairman
14and minority spokesman of each standing committee of the
15Senate, except the Rules Committee, the Committee on
16Committees, and the Committee on Assignment of Bills, $6,000
17each; and beginning the second Wednesday in January, 1989, the
18chairman and minority spokesman of each standing and select
19committee of the House of Representatives, $6,000 each. A
20member who serves in more than one position as an officer,
21committee chairman, or committee minority spokesman shall
22receive only one additional amount based on the position paying
23the highest additional amount. The compensation provided for in
24this Section to be paid per year to members of the General
25Assembly, including the additional sums payable per year to
26officers of the General Assembly shall be paid in 12 equal

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1monthly installments. The first such installment is payable on
2January 31, 1977. All subsequent equal monthly installments are
3payable on the last working day of the month. A member who has
4held office any part of a month is entitled to compensation for
5an entire month.
6 Mileage shall be paid at the rate of 20 cents per mile
7before January 9, 1985, and at the mileage allowance rate in
8effect under regulations promulgated pursuant to 5 U.S.C.
95707(b)(2) beginning January 9, 1985, for the number of actual
10highway miles necessarily and conveniently traveled by the most
11feasible route to be present upon convening of the sessions of
12the General Assembly by such member in each and every trip
13during each session in going to and returning from the seat of
14government, to be computed by the Comptroller. A member
15traveling by public transportation for such purposes, however,
16shall be paid his actual cost of that transportation instead of
17on the mileage rate if his cost of public transportation
18exceeds the amount to which he would be entitled on a mileage
19basis. No member may be paid, whether on a mileage basis or for
20actual costs of public transportation, for more than one such
21trip for each week the General Assembly is actually in session.
22Each member shall also receive an allowance of $36 per day for
23lodging and meals while in attendance at sessions of the
24General Assembly before January 9, 1985; beginning January 9,
251985, such food and lodging allowance shall be equal to the
26amount per day permitted to be deducted for such expenses under

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1the Internal Revenue Code; however, beginning May 31, 1995, no
2allowance for food and lodging while in attendance at sessions
3is authorized for periods of time after the last day in May of
4each calendar year, except (i) if the General Assembly is
5convened in special session by either the Governor or the
6presiding officers of both houses, as provided by subsection
7(b) of Section 5 of Article IV of the Illinois Constitution or
8(ii) if the General Assembly is convened to consider bills
9vetoed, item vetoed, reduced, or returned with specific
10recommendations for change by the Governor as provided in
11Section 9 of Article IV of the Illinois Constitution. For
12fiscal year 2011 and for session days in fiscal years 2012,
132013, 2014, 2015, 2016, and 2017, and 2018 only (i) the
14allowance for lodging and meals is $111 per day and (ii)
15mileage for automobile travel shall be reimbursed at a rate of
16$0.39 per mile.
17 Notwithstanding any other provision of law to the contrary,
18beginning in fiscal year 2012, travel reimbursement for General
19Assembly members on non-session days shall be calculated using
20the guidelines set forth by the Legislative Travel Control
21Board, except that fiscal year 2012, 2013, 2014, 2015, 2016,
22and 2017, and 2018 mileage reimbursement is set at a rate of
23$0.39 per mile.
24 If a member dies having received only a portion of the
25amount payable as compensation, the unpaid balance shall be
26paid to the surviving spouse of such member, or, if there be

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1none, to the estate of such member.
2(Source: P.A. 98-30, eff. 6-24-13; 98-682, eff. 6-30-14;
399-355, eff. 8-13-15; 99-523, eff. 6-30-16.)
4 Section 5-14. The Compensation Review Act is amended by
5adding Section 6.5 as follows:
6 (25 ILCS 120/6.5 new)
7 Sec. 6.5. FY18 COLAs prohibited. Notwithstanding any
8former or current provision of this Act, any other law, any
9report of the Compensation Review Board, or any resolution of
10the General Assembly to the contrary, members of the General
11Assembly, State's attorneys, other than the county supplement,
12elected executive branch constitutional officers of State
13government, and persons in certain appointed offices of State
14government, including the membership of State departments,
15agencies, boards, and commissions, whose annual compensation
16previously was recommended or determined by the Compensation
17Review Board, are prohibited from receiving and shall not
18receive any increase in compensation that would otherwise apply
19based on a cost of living adjustment, as authorized by Senate
20Joint Resolution 192 of the 86th General Assembly, for or
21during the fiscal year beginning July 1, 2017.
22 Section 5-15. The State Finance Act is amended by changing
23Sections 5.857, 6t, 6z-30, 6z-32, 6z-45, 6z-51, 6z-52, 6z-100,

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18.3, 8.11, 8.25e, 8g, 8g-1, 13.2, and 25 and by adding Sections
28.52, 50, and 51 as follows:
3 (30 ILCS 105/5.857)
4 (Section scheduled to be repealed on July 1, 2017)
5 Sec. 5.857. The Capital Development Board Revolving Fund.
6This Section is repealed July 1, 2018 2017.
7(Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15;
899-523, eff. 6-30-16.)
9 (30 ILCS 105/6t) (from Ch. 127, par. 142t)
10 Sec. 6t. The Capital Development Board Contributory Trust
11Fund is created and there shall be paid into the Capital
12Development Board Contributory Trust Fund the monies
13contributed by and received from Public Community College
14Districts, Elementary, Secondary, and Unit School Districts,
15and Vocational Education Facilities, provided, however, no
16monies shall be required from a participating Public Community
17College District, Elementary, Secondary, or Unit School
18District, or Vocational Education Facility more than 30 days
19prior to anticipated need under the particular contract for the
20Public Community College District, Elementary, Secondary, or
21Unit School District, or Vocational Education Facility. No
22monies in any fund in the State Treasury, nor any funds under
23the control or beneficial control of any state agency,
24university, college, department, commission, board or any

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

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

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

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1created as a special fund in the State Treasury. The following
2moneys shall be deposited into the Fund:
3 (1) As soon as possible after the beginning of fiscal
4 year 2010, and in no event later than July 30, the State
5 Comptroller and the State Treasurer shall automatically
6 transfer $30,000,000 from the General Revenue Fund to the
7 University of Illinois Hospital Services Fund.
8 (1.5) Starting in fiscal year 2011 and continuing
9 through fiscal year 2017, as soon as possible after the
10 beginning of each fiscal year, and in no event later than
11 July 30, the State Comptroller and the State Treasurer
12 shall automatically transfer $45,000,000 from the General
13 Revenue Fund to the University of Illinois Hospital
14 Services Fund; except that, in fiscal year 2012 only, the
15 State Comptroller and the State Treasurer shall transfer
16 $90,000,000 from the General Revenue Fund to the University
17 of Illinois Hospital Services Fund under this paragraph,
18 and, in fiscal year 2013 only, the State Comptroller and
19 the State Treasurer shall transfer no amounts from the
20 General Revenue Fund to the University of Illinois Hospital
21 Services Fund under this paragraph.
22 (1.7) Starting in fiscal year 2018, at the direction of
23 and upon notification from the Director of Healthcare and
24 Family Services, the State Comptroller shall direct and the
25 State Treasurer shall transfer amounts not exceeding a
26 total of $45,000,000 from the General Revenue Fund to the

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1 University of Illinois Hospital Services Fund in each
2 fiscal year.
3 (2) All intergovernmental transfer payments to the
4 Department of Healthcare and Family Services by the
5 University of Illinois made pursuant to an
6 intergovernmental agreement under subsection (b) or (c) of
7 Section 5A-3 of the Illinois Public Aid Code.
8 (3) All federal matching funds received by the
9 Department of Healthcare and Family Services (formerly
10 Illinois Department of Public Aid) as a result of
11 expenditures made by the Department that are attributable
12 to moneys that were deposited in the Fund.
13 (4) All other moneys received for the Fund from any
14 other source, including interest earned thereon.
15 (b) Moneys in the fund may be used by the Department of
16Healthcare and Family Services, subject to appropriation and to
17an interagency agreement between that Department and the Board
18of Trustees of the University of Illinois, to reimburse the
19University of Illinois Hospital for hospital and pharmacy
20services, to reimburse practitioners who are employed by the
21University of Illinois, to reimburse other health care
22facilities and health plans operated by the University of
23Illinois, and to pass through to the University of Illinois
24federal financial participation earned by the State as a result
25of expenditures made by the University of Illinois.
26 (c) (Blank).

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

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1 public and private ownership through conservation
2 easements, incentives to public and private landowners,
3 natural resource restoration and preservation, water
4 quality protection and improvement, land use and watershed
5 planning, technical assistance and grants, and land
6 acquisition provided these mechanisms are all voluntary on
7 the part of the landowner and do not involve the use of
8 eminent domain.
9 (3) To develop a systematic and long-term program to
10 effectively measure and monitor natural resources and
11 ecological conditions through investments in technology
12 and involvement of scientific experts.
13 (4) To initiate strategies to enhance, use, and
14 maintain Illinois' inland lakes through education,
15 technical assistance, research, and financial incentives.
16 (5) To partner with private landowners and with units
17 of State, federal, and local government and with
18 not-for-profit organizations in order to integrate State
19 and federal programs with Illinois' natural resource
20 protection and restoration efforts and to meet
21 requirements to obtain federal and other funds for
22 conservation or protection of natural resources.
23 (b) The State Comptroller and State Treasurer shall
24automatically transfer on the last day of each month, beginning
25on September 30, 1995 and ending on June 30, 2021, from the
26General Revenue Fund to the Partners for Conservation Fund, an

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1amount equal to 1/10 of the amount set forth below in fiscal
2year 1996 and an amount equal to 1/12 of the amount set forth
3below in each of the other specified fiscal years:
4Fiscal Year Amount
51996$ 3,500,000
61997$ 9,000,000
71998$10,000,000
81999$11,000,000
92000$12,500,000
102001 through 2004$14,000,000
112005 $7,000,000
122006 $11,000,000
132007 $0
142008 through 2011........................ $14,000,000
152012 $12,200,000
162013 through 2017 2021.................... $14,000,000
172018 $1,500,000
182019 through 2021 $14,000,000
19 (c) Notwithstanding any other provision of law to the
20contrary and in addition to any other transfers that may be
21provided for by law, on the last day of each month beginning on
22July 31, 2006 and ending on June 30, 2007, or as soon
23thereafter as may be practical, the State Comptroller shall
24direct and the State Treasurer shall transfer $1,000,000 from
25the Open Space Lands Acquisition and Development Fund to the
26Conservation 2000 Fund.

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1 (d) There shall be deposited into the Partners for
2Conservation Projects Fund such bond proceeds and other moneys
3as may, from time to time, be provided by law.
4(Source: P.A. 97-641, eff. 12-19-11.)
5 (30 ILCS 105/6z-45)
6 Sec. 6z-45. The School Infrastructure Fund.
7 (a) The School Infrastructure Fund is created as a special
8fund in the State Treasury.
9 In addition to any other deposits authorized by law,
10beginning January 1, 2000, on the first day of each month, or
11as soon thereafter as may be practical, the State Treasurer and
12State Comptroller shall transfer the sum of $5,000,000 from the
13General Revenue Fund to the School Infrastructure Fund, except
14that, notwithstanding any other provision of law, and in
15addition to any other transfers that may be provided for by
16law, before June 30, 2012, the Comptroller and the Treasurer
17shall transfer $45,000,000 from the General Revenue Fund into
18the School Infrastructure Fund, and, for fiscal year 2013 only,
19the Treasurer and the Comptroller shall transfer $1,250,000
20from the General Revenue Fund to the School Infrastructure Fund
21on the first day of each month; provided, however, that no such
22transfers shall be made from July 1, 2001 through June 30,
232003.
24 (a-5) Money in the School Infrastructure Fund may be used
25to pay the expenses of the State Board of Education, the

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

SB2217- 23 -LRB100 13147 JWD 27539 b
1interest required to be appropriated for that period.
2 On or before the last day of each month, the State
3Treasurer and State Comptroller shall transfer from the School
4Infrastructure Fund to the General Obligation Bond Retirement
5and Interest Fund an amount sufficient to pay the aggregate of
6the principal of, interest on, and premium, if any, on the
7bonds payable on their next payment date, divided by the number
8of monthly transfers occurring between the last previous
9payment date (or the delivery date if no payment date has yet
10occurred) and the next succeeding payment date. Interest
11payable on variable rate bonds shall be calculated at the
12maximum rate of interest that may be payable for the relevant
13period, after taking into account any credits permitted in the
14related indenture or other instrument against the amount of
15such interest required to be appropriated for that period.
16Interest for which moneys have already been deposited into the
17capitalized interest account within the General Obligation
18Bond Retirement and Interest Fund shall not be included in the
19calculation of the amounts to be transferred under this
20subsection. Beginning July 1, 2017 through June 30, 2020, no
21transfers shall be required under this subsection (b) from the
22School Infrastructure Fund to the General Obligation Bond
23Retirement and Interest Fund.
24 (b-5) The money deposited into the School Infrastructure
25Fund from transfers pursuant to subsections (c-30) and (c-35)
26of Section 13 of the Riverboat Gambling Act shall be applied,

SB2217- 24 -LRB100 13147 JWD 27539 b
1without further direction, as provided in subsection (b-3) of
2Section 5-35 of the School Construction Law.
3 (c) The surplus, if any, in the School Infrastructure Fund
4after payments made pursuant to subsections (a-5), (b), and
5(b-5) of this Section shall, subject to appropriation, be used
6as follows:
7 First - to make 3 payments to the School Technology
8Revolving Loan Fund as follows:
9 Transfer of $30,000,000 in fiscal year 1999;
10 Transfer of $20,000,000 in fiscal year 2000; and
11 Transfer of $10,000,000 in fiscal year 2001.
12 Second - to pay the expenses of the State Board of
13Education and the Capital Development Board in administering
14programs under the School Construction Law, the total expenses
15not to exceed $1,200,000 in any fiscal year.
16 Second Third - to pay any amounts due for grants for school
17construction projects and debt service under the School
18Construction Law.
19 Third Fourth - to pay any amounts due for grants for school
20maintenance projects under the School Construction Law.
21(Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
22 (30 ILCS 105/6z-51)
23 Sec. 6z-51. Budget Stabilization Fund.
24 (a) The Budget Stabilization Fund, a special fund in the
25State Treasury, shall consist of moneys appropriated or

SB2217- 25 -LRB100 13147 JWD 27539 b
1transferred to that Fund, as provided in Section 6z-43 and as
2otherwise provided by law. All earnings on Budget Stabilization
3Fund investments shall be deposited into that Fund.
4 (b) The State Comptroller may direct the State Treasurer to
5transfer moneys from the Budget Stabilization Fund to the
6General Revenue Fund in order to meet cash flow deficits
7resulting from timing variations between disbursements and the
8receipt of funds within a fiscal year. Any moneys so borrowed
9in any fiscal year other than Fiscal Year 2011 shall be repaid
10by June 30 of the fiscal year in which they were borrowed. Any
11moneys so borrowed in Fiscal Year 2011 shall be repaid no later
12than July 15, 2011.
13 (c) During Fiscal Years Year 2017 and 2018 only, amounts
14may be expended from the Budget Stabilization Fund only
15pursuant to specific authorization by appropriation. Any
16moneys expended pursuant to appropriation shall not be subject
17to repayment.
18(Source: P.A. 99-523, eff. 6-30-16.)
19 (30 ILCS 105/6z-52)
20 Sec. 6z-52. Drug Rebate Fund.
21 (a) There is created in the State Treasury a special fund
22to be known as the Drug Rebate Fund.
23 (b) The Fund is created for the purpose of receiving and
24disbursing moneys in accordance with this Section.
25Disbursements from the Fund shall be made, subject to

SB2217- 26 -LRB100 13147 JWD 27539 b
1appropriation, only as follows:
2 (1) For payments for reimbursement or coverage for
3 prescription drugs and other pharmacy products provided to
4 a recipient of medical assistance under the Illinois Public
5 Aid Code, the Children's Health Insurance Program Act, the
6 Covering ALL KIDS Health Insurance Act, and the Veterans'
7 Health Insurance Program Act of 2008.
8 (1.5) For payments to managed care organizations as
9 defined in Section 5-30.1 of the Illinois Public Aid Code.
10 (2) For reimbursement of moneys collected by the
11 Department of Healthcare and Family Services (formerly
12 Illinois Department of Public Aid) through error or
13 mistake.
14 (3) For payments of any amounts that are reimbursable
15 to the federal government resulting from a payment into
16 this Fund.
17 (4) For payments of operational and administrative
18 expenses related to providing and managing coverage for
19 prescription drugs and other pharmacy products provided to
20 a recipient of medical assistance under the Illinois Public
21 Aid Code, the Children's Health Insurance Program Act, the
22 Covering ALL KIDS Health Insurance Act, and the Veterans'
23 Health Insurance Program Act of 2008, and the Senior
24 Citizens and Disabled Persons Property Tax Relief and
25 Pharmaceutical Assistance Act.
26 (c) The Fund shall consist of the following:

SB2217- 27 -LRB100 13147 JWD 27539 b
1 (1) Upon notification from the Director of Healthcare
2 and Family Services, the Comptroller shall direct and the
3 Treasurer shall transfer the net State share (disregarding
4 the reduction in net State share attributable to the
5 American Recovery and Reinvestment Act of 2009 or any other
6 federal economic stimulus program) of all moneys received
7 by the Department of Healthcare and Family Services
8 (formerly Illinois Department of Public Aid) from drug
9 rebate agreements with pharmaceutical manufacturers
10 pursuant to Title XIX of the federal Social Security Act,
11 including any portion of the balance in the Public Aid
12 Recoveries Trust Fund on July 1, 2001 that is attributable
13 to such receipts.
14 (2) All federal matching funds received by the Illinois
15 Department as a result of expenditures made by the
16 Department that are attributable to moneys deposited in the
17 Fund.
18 (3) Any premium collected by the Illinois Department
19 from participants under a waiver approved by the federal
20 government relating to provision of pharmaceutical
21 services.
22 (4) All other moneys received for the Fund from any
23 other source, including interest earned thereon.
24(Source: P.A. 96-8, eff. 4-28-09; 96-1100, eff. 1-1-11; 97-689,
25eff. 7-1-12.)

SB2217- 28 -LRB100 13147 JWD 27539 b
1 (30 ILCS 105/6z-100)
2 (Section scheduled to be repealed on July 1, 2017)
3 Sec. 6z-100. Capital Development Board Revolving Fund;
4payments into and use. All monies received by the Capital
5Development Board for publications or copies issued by the
6Board, and all monies received for contract administration
7fees, charges, or reimbursements owing to the Board shall be
8deposited into a special fund known as the Capital Development
9Board Revolving Fund, which is hereby created in the State
10treasury. The monies in this Fund shall be used by the Capital
11Development Board, as appropriated, for expenditures for
12personal services, retirement, social security, contractual
13services, legal services, travel, commodities, printing,
14equipment, electronic data processing, or telecommunications.
15Unexpended moneys in the Fund shall not be transferred or
16allocated by the Comptroller or Treasurer to any other fund,
17nor shall the Governor authorize the transfer or allocation of
18those moneys to any other fund. This Section is repealed July
191, 2018 2017.
20(Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)
21 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
22 Sec. 8.3. Money in the Road Fund shall, if and when the
23State of Illinois incurs any bonded indebtedness for the
24construction of permanent highways, be set aside and used for
25the purpose of paying and discharging annually the principal

SB2217- 29 -LRB100 13147 JWD 27539 b
1and interest on that bonded indebtedness then due and payable,
2and for no other purpose. The surplus, if any, in the Road Fund
3after the payment of principal and interest on that bonded
4indebtedness then annually due shall be used as follows:
5 first -- to pay the cost of administration of Chapters
6 2 through 10 of the Illinois Vehicle Code, except the cost
7 of administration of Articles I and II of Chapter 3 of that
8 Code; and
9 secondly -- for expenses of the Department of
10 Transportation for construction, reconstruction,
11 improvement, repair, maintenance, operation, and
12 administration of highways in accordance with the
13 provisions of laws relating thereto, or for any purpose
14 related or incident to and connected therewith, including
15 the separation of grades of those highways with railroads
16 and with highways and including the payment of awards made
17 by the Illinois Workers' Compensation Commission under the
18 terms of the Workers' Compensation Act or Workers'
19 Occupational Diseases Act for injury or death of an
20 employee of the Division of Highways in the Department of
21 Transportation; or for the acquisition of land and the
22 erection of buildings for highway purposes, including the
23 acquisition of highway right-of-way or for investigations
24 to determine the reasonably anticipated future highway
25 needs; or for making of surveys, plans, specifications and
26 estimates for and in the construction and maintenance of

SB2217- 30 -LRB100 13147 JWD 27539 b
1 flight strips and of highways necessary to provide access
2 to military and naval reservations, to defense industries
3 and defense-industry sites, and to the sources of raw
4 materials and for replacing existing highways and highway
5 connections shut off from general public use at military
6 and naval reservations and defense-industry sites, or for
7 the purchase of right-of-way, except that the State shall
8 be reimbursed in full for any expense incurred in building
9 the flight strips; or for the operating and maintaining of
10 highway garages; or for patrolling and policing the public
11 highways and conserving the peace; or for the operating
12 expenses of the Department relating to the administration
13 of public transportation programs; or, during fiscal year
14 2012 only, for the purposes of a grant not to exceed
15 $8,500,000 to the Regional Transportation Authority on
16 behalf of PACE for the purpose of ADA/Para-transit
17 expenses; or, during fiscal year 2013 only, for the
18 purposes of a grant not to exceed $3,825,000 to the
19 Regional Transportation Authority on behalf of PACE for the
20 purpose of ADA/Para-transit expenses; or, during fiscal
21 year 2014 only, for the purposes of a grant not to exceed
22 $3,825,000 to the Regional Transportation Authority on
23 behalf of PACE for the purpose of ADA/Para-transit
24 expenses; or, during fiscal year 2015 only, for the
25 purposes of a grant not to exceed $3,825,000 to the
26 Regional Transportation Authority on behalf of PACE for the

SB2217- 31 -LRB100 13147 JWD 27539 b
1 purpose of ADA/Para-transit expenses; or, during fiscal
2 year 2016 only, for the purposes of a grant not to exceed
3 $3,825,000 to the Regional Transportation Authority on
4 behalf of PACE for the purpose of ADA/Para-transit
5 expenses; or, during fiscal year 2017 only, for the
6 purposes of a grant not to exceed $3,825,000 to the
7 Regional Transportation Authority on behalf of PACE for the
8 purpose of ADA/Para-transit expenses; or for any of those
9 purposes or any other purpose that may be provided by law.
10 Appropriations for any of those purposes are payable from
11the Road Fund. Appropriations may also be made from the Road
12Fund for the administrative expenses of any State agency that
13are related to motor vehicles or arise from the use of motor
14vehicles.
15 Beginning with fiscal year 1980 and thereafter, no Road
16Fund monies shall be appropriated to the following Departments
17or agencies of State government for administration, grants, or
18operations; but this limitation is not a restriction upon
19appropriating for those purposes any Road Fund monies that are
20eligible for federal reimbursement;
21 1. Department of Public Health;
22 2. Department of Transportation, only with respect to
23 subsidies for one-half fare Student Transportation and
24 Reduced Fare for Elderly, except during fiscal year 2012
25 only when no more than $40,000,000 may be expended and
26 except during fiscal year 2013 only when no more than

SB2217- 32 -LRB100 13147 JWD 27539 b
1 $17,570,300 may be expended and except during fiscal year
2 2014 only when no more than $17,570,000 may be expended and
3 except during fiscal year 2015 only when no more than
4 $17,570,000 may be expended and except during fiscal year
5 2016 only when no more than $17,570,000 may be expended and
6 except during fiscal year 2017 only when no more than
7 $17,570,000 may be expended;
8 3. Department of Central Management Services, except
9 for expenditures incurred for group insurance premiums of
10 appropriate personnel;
11 4. Judicial Systems and Agencies.
12 Beginning with fiscal year 1981 and thereafter, no Road
13Fund monies shall be appropriated to the following Departments
14or agencies of State government for administration, grants, or
15operations; but this limitation is not a restriction upon
16appropriating for those purposes any Road Fund monies that are
17eligible for federal reimbursement:
18 1. Department of State Police, except for expenditures
19 with respect to the Division of Operations;
20 2. Department of Transportation, only with respect to
21 Intercity Rail Subsidies, except during fiscal year 2012
22 only when no more than $40,000,000 may be expended and
23 except during fiscal year 2013 only when no more than
24 $26,000,000 may be expended and except during fiscal year
25 2014 only when no more than $38,000,000 may be expended and
26 except during fiscal year 2015 only when no more than

SB2217- 33 -LRB100 13147 JWD 27539 b
1 $42,000,000 may be expended and except during fiscal year
2 2016 only when no more than $38,300,000 may be expended and
3 except during fiscal year 2017 only when no more than
4 $50,000,000 may be expended and except during fiscal year
5 2018 only when no more than $52,000,000 may be expended,
6 and Rail Freight Services.
7 Beginning with fiscal year 1982 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible for federal reimbursement: Department of Central
13Management Services, except for awards made by the Illinois
14Workers' Compensation Commission under the terms of the
15Workers' Compensation Act or Workers' Occupational Diseases
16Act for injury or death of an employee of the Division of
17Highways in the Department of Transportation.
18 Beginning with fiscal year 1984 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 not more than 40%
25 of the funds appropriated for the Division of Operations;
26 2. State Officers.

SB2217- 34 -LRB100 13147 JWD 27539 b
1 Beginning with fiscal year 1984 and thereafter, no Road
2Fund monies shall be appropriated to any Department or agency
3of State government for administration, grants, or operations
4except as provided hereafter; but this limitation is not a
5restriction upon appropriating for those purposes any Road Fund
6monies that are eligible for federal reimbursement. It shall
7not be lawful to circumvent the above appropriation limitations
8by governmental reorganization or other methods.
9Appropriations shall be made from the Road Fund only in
10accordance with the provisions of this Section.
11 Money in the Road Fund shall, if and when the State of
12Illinois incurs any bonded indebtedness for the construction of
13permanent highways, be set aside and used for the purpose of
14paying and discharging during each fiscal year the principal
15and interest on that bonded indebtedness as it becomes due and
16payable as provided in the Transportation Bond Act, and for no
17other purpose. The surplus, if any, in the Road Fund after the
18payment of principal and interest on that bonded indebtedness
19then annually due shall be used as follows:
20 first -- to pay the cost of administration of Chapters
21 2 through 10 of the Illinois Vehicle Code; and
22 secondly -- no Road Fund monies derived from fees,
23 excises, or license taxes relating to registration,
24 operation and use of vehicles on public highways or to
25 fuels used for the propulsion of those vehicles, shall be
26 appropriated or expended other than for costs of

SB2217- 35 -LRB100 13147 JWD 27539 b
1 administering the laws imposing those fees, excises, and
2 license taxes, statutory refunds and adjustments allowed
3 thereunder, administrative costs of the Department of
4 Transportation, including, but not limited to, the
5 operating expenses of the Department relating to the
6 administration of public transportation programs, payment
7 of debts and liabilities incurred in construction and
8 reconstruction of public highways and bridges, acquisition
9 of rights-of-way for and the cost of construction,
10 reconstruction, maintenance, repair, and operation of
11 public highways and bridges under the direction and
12 supervision of the State, political subdivision, or
13 municipality collecting those monies, or during fiscal
14 year 2012 only for the purposes of a grant not to exceed
15 $8,500,000 to the Regional Transportation Authority on
16 behalf of PACE for the purpose of ADA/Para-transit
17 expenses, or during fiscal year 2013 only for the purposes
18 of a grant not to exceed $3,825,000 to the Regional
19 Transportation Authority on behalf of PACE for the purpose
20 of ADA/Para-transit expenses, or during fiscal year 2014
21 only for the purposes of a grant not to exceed $3,825,000
22 to the Regional Transportation Authority on behalf of PACE
23 for the purpose of ADA/Para-transit expenses, or during
24 fiscal year 2015 only for the purposes of a grant not to
25 exceed $3,825,000 to the Regional Transportation Authority
26 on behalf of PACE for the purpose of ADA/Para-transit

SB2217- 36 -LRB100 13147 JWD 27539 b
1 expenses, or during fiscal year 2016 only for the purposes
2 of a grant not to exceed $3,825,000 to the Regional
3 Transportation Authority on behalf of PACE for the purpose
4 of ADA/Para-transit expenses, or during fiscal year 2017
5 only for the purposes of a grant not to exceed $3,825,000
6 to the Regional Transportation Authority on behalf of PACE
7 for the purpose of ADA/Para-transit expenses, and the costs
8 for patrolling and policing the public highways (by State,
9 political subdivision, or municipality collecting that
10 money) for enforcement of traffic laws. The separation of
11 grades of such highways with railroads and costs associated
12 with protection of at-grade highway and railroad crossing
13 shall also be permissible.
14 Appropriations for any of such purposes are payable from
15the Road Fund or the Grade Crossing Protection Fund as provided
16in Section 8 of the Motor Fuel Tax Law.
17 Except as provided in this paragraph, beginning with fiscal
18year 1991 and thereafter, no Road Fund monies shall be
19appropriated to the Department of State Police for the purposes
20of this Section in excess of its total fiscal year 1990 Road
21Fund appropriations for those purposes unless otherwise
22provided in Section 5g of this Act. For fiscal years 2003,
232004, 2005, 2006, and 2007 only, no Road Fund monies shall be
24appropriated to the Department of State Police for the purposes
25of this Section in excess of $97,310,000. For fiscal year 2008
26only, no Road Fund monies shall be appropriated to the

SB2217- 37 -LRB100 13147 JWD 27539 b
1Department of State Police for the purposes of this Section in
2excess of $106,100,000. For fiscal year 2009 only, no Road Fund
3monies shall be appropriated to the Department of State Police
4for the purposes of this Section in excess of $114,700,000.
5Beginning in fiscal year 2010, no road fund moneys shall be
6appropriated to the Department of State Police. It shall not be
7lawful to circumvent this limitation on appropriations by
8governmental reorganization or other methods unless otherwise
9provided in Section 5g of this Act.
10 In fiscal year 1994, no Road Fund monies shall be
11appropriated to the Secretary of State for the purposes of this
12Section in excess of the total fiscal year 1991 Road Fund
13appropriations to the Secretary of State for those purposes,
14plus $9,800,000. It shall not be lawful to circumvent this
15limitation on appropriations by governmental reorganization or
16other method.
17 Beginning with fiscal year 1995 and thereafter, no Road
18Fund monies shall be appropriated to the Secretary of State for
19the purposes of this Section in excess of the total fiscal year
201994 Road Fund appropriations to the Secretary of State for
21those purposes. It shall not be lawful to circumvent this
22limitation on appropriations by governmental reorganization or
23other methods.
24 Beginning with fiscal year 2000, total Road Fund
25appropriations to the Secretary of State for the purposes of
26this Section shall not exceed the amounts specified for the

SB2217- 38 -LRB100 13147 JWD 27539 b
1following fiscal years:
2 Fiscal Year 2000$80,500,000;
3 Fiscal Year 2001$80,500,000;
4 Fiscal Year 2002$80,500,000;
5 Fiscal Year 2003$130,500,000;
6 Fiscal Year 2004$130,500,000;
7 Fiscal Year 2005$130,500,000;
8 Fiscal Year 2006 $130,500,000;
9 Fiscal Year 2007 $130,500,000;
10 Fiscal Year 2008$130,500,000;
11 Fiscal Year 2009 $130,500,000.
12 For fiscal year 2010, no road fund moneys shall be
13appropriated to the Secretary of State.
14 Beginning in fiscal year 2011, moneys in the Road Fund
15shall be appropriated to the Secretary of State for the
16exclusive purpose of paying refunds due to overpayment of fees
17related to Chapter 3 of the Illinois Vehicle Code unless
18otherwise provided for by law.
19 It shall not be lawful to circumvent this limitation on
20appropriations by governmental reorganization or other
21methods.
22 No new program may be initiated in fiscal year 1991 and
23thereafter that is not consistent with the limitations imposed
24by this Section for fiscal year 1984 and thereafter, insofar as
25appropriation of Road Fund monies is concerned.
26 Nothing in this Section prohibits transfers from the Road

SB2217- 39 -LRB100 13147 JWD 27539 b
1Fund to the State Construction Account Fund under Section 5e of
2this Act; nor to the General Revenue Fund, as authorized by
3this amendatory Act of the 93rd General Assembly.
4 The additional amounts authorized for expenditure in this
5Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
6shall be repaid to the Road Fund from the General Revenue Fund
7in the next succeeding fiscal year that the General Revenue
8Fund has a positive budgetary balance, as determined by
9generally accepted accounting principles applicable to
10government.
11 The additional amounts authorized for expenditure by the
12Secretary of State and the Department of State Police in this
13Section by this amendatory Act of the 94th General Assembly
14shall be repaid to the Road Fund from the General Revenue Fund
15in the next succeeding fiscal year that the General Revenue
16Fund has a positive budgetary balance, as determined by
17generally accepted accounting principles applicable to
18government.
19(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
2099-523, eff. 6-30-16.)
21 (30 ILCS 105/8.11) (from Ch. 127, par. 144.11)
22 Sec. 8.11. Except as otherwise provided in this Section,
23appropriations from the State Parks Fund shall be made only to
24the Department of Natural Resources and shall, except for the
25additional moneys deposited under Section 805-550 of the

SB2217- 40 -LRB100 13147 JWD 27539 b
1Department of Natural Resources (Conservation) Law of the Civil
2Administrative Code of Illinois, be used only for the
3maintenance, development, operation, control and acquisition
4of State parks and historic sites.
5 Revenues derived from the Illinois and Michigan Canal from
6the sale of Canal lands, lease of Canal lands, Canal
7concessions, and other Canal activities, which have been placed
8in the State Parks Fund may be appropriated to the Department
9of Natural Resources for that Department to use, either
10independently or in cooperation with any Department or Agency
11of the Federal or State Government or any political subdivision
12thereof for the development and management of the Canal and its
13adjacent lands as outlined in the master plan for such
14development and management.
15(Source: P.A. 96-1160, eff. 1-1-11.)
16 (30 ILCS 105/8.25e) (from Ch. 127, par. 144.25e)
17 Sec. 8.25e. (a) The State Comptroller and the State
18Treasurer shall automatically transfer on the first day of each
19month, beginning on February 1, 1988, from the General Revenue
20Fund to each of the funds then supplemented by the pari-mutuel
21tax pursuant to Section 28 of the Illinois Horse Racing Act of
221975, an amount equal to (i) the amount of pari-mutuel tax
23deposited into such fund during the month in fiscal year 1986
24which corresponds to the month preceding such transfer, minus
25(ii) the amount of pari-mutuel tax (or the replacement transfer

SB2217- 41 -LRB100 13147 JWD 27539 b
1authorized by subsection (d) of Section 8g Section 8g(d) of
2this Act and subsection (d) of Section 28.1 Section 28.1(d) of
3the Illinois Horse Racing Act of 1975) deposited into such fund
4during the month preceding such transfer; provided, however,
5that no transfer shall be made to a fund if such amount for
6that fund is equal to or less than zero and provided that no
7transfer shall be made to a fund in any fiscal year after the
8amount deposited into such fund exceeds the amount of
9pari-mutuel tax deposited into such fund during fiscal year
101986.
11 (b) The State Comptroller and the State Treasurer shall
12automatically transfer on the last day of each month, beginning
13on October 1, 1989 and ending on June 30, 2017, from the
14General Revenue Fund to the Metropolitan Exposition,
15Auditorium and Office Building Fund, the amount of $2,750,000
16plus any cumulative deficiencies in such transfers for prior
17months, until the sum of $16,500,000 has been transferred for
18the fiscal year beginning July 1, 1989 and until the sum of
19$22,000,000 has been transferred for each fiscal year
20thereafter.
21 (b-5) The State Comptroller and the State Treasurer shall
22automatically transfer on the last day of each month, beginning
23on July 1, 2017, from the General Revenue Fund to the
24Metropolitan Exposition, Auditorium and Office Building Fund,
25the amount of $1,500,000 plus any cumulative deficiencies in
26such transfers for prior months, until the sum of $12,000,000

SB2217- 42 -LRB100 13147 JWD 27539 b
1has been transferred for each fiscal year thereafter.
2 (c) After the transfer of funds from the Metropolitan
3Exposition, Auditorium and Office Building Fund to the Bond
4Retirement Fund pursuant to subsection (b) of Section 15
5Section 15(b) of the Metropolitan Civic Center Support Act, the
6State Comptroller and the State Treasurer shall automatically
7transfer on the last day of each month, beginning on October 1,
81989 and ending on June 30, 2017, from the Metropolitan
9Exposition, Auditorium and Office Building Fund to the Park and
10Conservation Fund the amount of $1,250,000 plus any cumulative
11deficiencies in such transfers for prior months, until the sum
12of $7,500,000 has been transferred for the fiscal year
13beginning July 1, 1989 and until the sum of $10,000,000 has
14been transferred for each fiscal year thereafter.
15(Source: P.A. 91-25, eff. 6-9-99.)
16 (30 ILCS 105/8.52 new)
17 Sec. 8.52. Special fund transfers.
18 (a) In order to maintain the integrity of special funds and
19improve stability in the General Revenue Fund, the Budget
20Stabilization Fund, the Healthcare Provider Relief Fund, and
21the Health Insurance Reserve Fund, the State Treasurer and the
22State Comptroller shall make transfers to the General Revenue
23Fund, the Budget Stabilization Fund, the Healthcare Provider
24Relief Fund, or the Health Insurance Reserve Fund, from time to
25time through June 30, 2021 as directed by the Governor, in each

SB2217- 43 -LRB100 13147 JWD 27539 b
1of State fiscal years 2018 through 2021 in amounts not to
2exceed per year the total set forth below for each fund:
3Abandoned Residential Property Municipality
4 Relief Fund....................................$6,600,000
5Aggregate Operations Regulatory Fund.................$500,000
6Agricultural Master Fund.............................$900,000
7Alternate Fuels Fund...............................$1,300,000
8Appraisal Administration Fund........................$400,000
9Bank and Trust Company Fund..........................$917,400
10Care Provider Fund for Persons with a
11 Developmental Disability.......................$1,000,000
12Carolyn Adams Ticket For The Cure Grant Fund.........$400,000
13Cemetery Oversight Licensing and Disciplinary Fund.$50,900
14Clean Air Act Permit Fund............................$911,600
15Coal Technology Development Assistance Fund........$9,500,000
16Community Health Center Care Fund....................$800,000
17Compassionate Use of Medical Cannabis Fund.........$5,000,000
18Conservation Police Operations Assistance Fund.....$1,400,000
19Credit Union Fund....................................$176,200
20Criminal Justice Information Projects Fund...........$400,000
21Death Certificate Surcharge Fund......................$70,500
22Death Penalty Abolition Fund.........................$309,800
23Department of Corrections Reimbursement and
24 Education Fund...................................$180,000
25Department of Human Rights Special Fund..............$100,000
26DHS Private Resources Fund.........................$1,000,000

SB2217- 44 -LRB100 13147 JWD 27539 b
1DHS Recoveries Trust Fund..........................$5,515,000
2DHS Technology Initiative Fund.....................$2,250,000
3Digital Divide Elimination Fund....................$1,347,000
4Distance Learning Fund...............................$180,000
5Dram Shop Fund.......................................$365,000
6Drug Treatment Fund..................................$195,000
7Drunk and Drugged Driving Prevention Fund.............$90,000
8Early Intervention Services Revolving Fund.........$5,000,000
9Economic Research and Information Fund................$11,000
10Electronics Recycling Fund...........................$450,000
11Energy Efficiency Trust Fund.......................$7,600,000
12Environmental Laboratory Certification Fund..........$200,000
13Environmental Protection Permit and Inspection Fund.$461,800
14Environmental Protection Trust Fund..................$265,000
15Explosives Regulatory Fund...........................$280,000
16Fair and Exposition Fund...........................$2,800,000
17Feed Control Fund..................................$6,800,000
18Fertilizer Control Fund............................$4,100,000
19Financial Institution Fund...........................$328,200
20Fire Prevention Fund..............................$10,000,000
21Foreclosure Prevention Program Fund................$2,500,000
22Foreclosure Prevention Program Graduated Fund.....$10,000,000
23General Professions Dedicated Fund...................$612,700
24Good Samaritan Energy Trust Fund......................$29,000
25Hazardous Waste Fund.................................$431,600
26Health Facility Plan Review Fund......................$78,200

SB2217- 45 -LRB100 13147 JWD 27539 b
1Home Inspector Administration Fund...................$500,000
2Horse Racing Fund....................................$197,900
3Hospital Licensure Fund............................$1,000,000
4Human Services Priority Capital Program Fund...........$3,200
5ICJIA Violence Prevention Special Projects Fund......$100,000
6Illinois Adoption Registry and Medical Information
7 Exchange Fund.....................................$80,000
8Illinois Affordable Housing Trust Fund........$16,295,000
9Illinois Capital Revolving Loan Fund...............$1,263,000
10Illinois Clean Water Fund..........................$4,400,000
11Illinois Equity Fund.................................$535,000
12Illinois Fisheries Management Fund.................$2,000,000
13Illinois Forestry Development Fund...................$264,300
14Illinois Gaming Law Enforcement Fund..................$62,000
15Illinois Health Facilities Planning Fund...........$2,500,000
16Illinois National Guard Billeting Fund...............$100,000
17Illinois Power Agency Renewable Energy
18 Resources Fund...............................$225,000,000
19Illinois Standardbred Breeders Fund................$4,000,000
20Illinois State Dental Disciplinary Fund............$1,500,000
21Illinois State Medical Disciplinary Fund...........$5,000,000
22Illinois State Pharmacy Disciplinary Fund..........$2,000,000
23Illinois State Podiatric Disciplinary Fund...........$200,000
24Illinois Thoroughbred Breeders Fund................$4,000,000
25Illinois Workers' Compensation Commission
26 Operations Fund...............................$11,272,900

SB2217- 46 -LRB100 13147 JWD 27539 b
1Insurance Financial Regulation Fund...........$10,941,900
2Insurance Producer Administration Fund............$15,000,000
3Intercity Passenger Rail Fund........................$500,000
4International and Promotional Fund....................$37,000
5Large Business Attraction Fund.....................$1,562,000
6Law Enforcement Camera Grant Fund..................$1,500,000
7LEADS Maintenance Fund...............................$118,900
8Low-Level Radioactive Waste Facility Development
9 and Operation Fund.............................$1,300,000
10Medicaid Buy-In Program Revolving Fund...............$300,000
11Mental Health Fund.................................$1,101,300
12Mental Health Reporting Fund.........................$624,100
13Metabolic Screening and Treatment Fund.............$5,000,000
14Money Laundering Asset Recovery Fund..................$63,700
15Motor Carrier Safety Inspection Fund.................$115,000
16Motor Vehicle Theft Prevention Trust Fund.........$13,800,000
17Natural Areas Acquisition Fund.....................$2,000,000
18Natural Resources Restoration Trust Fund...........$2,100,000
19Nuclear Safety Emergency Preparedness Fund.........$6,000,000
20Nursing Dedicated and Professional Fund............$5,000,000
21Partners for Conservation Fund.......................$698,800
22Pesticide Control Fund...............................$400,000
23Plugging and Restoration Fund......................$1,200,000
24Plumbing Licensure and Program Fund...................$89,000
25Pollution Control Board Fund.........................$300,000
26Port Development Revolving Loan Fund.................$410,000

SB2217- 47 -LRB100 13147 JWD 27539 b
1Prescription Pill and Drug Disposal Fund.............$250,000
2Professions Indirect Cost Fund.....................$1,409,500
3Provider Inquiry Trust Fund..........................$500,000
4Public Health Special State Projects Fund.........$10,000,000
5Public Infrastructure Construction Loan
6 Revolving Fund.................................$1,500,000
7Public Pension Regulation Fund.......................$100,300
8Quality of Life Endowment Fund.......................$337,500
9Radiation Protection Fund..........................$4,500,000
10Rail Freight Loan Repayment Fund...................$1,000,000
11Real Estate License Administration Fund............$3,000,000
12Real Estate Research and Education Fund..............$250,000
13Registered Certified Public Accountants' Administration
14 and Disciplinary Fund..........................$1,500,000
15Regulatory Evaluation and Basic Enforcement Fund.....$150,000
16Regulatory Fund......................................$330,000
17Renewable Energy Resources Trust Fund.............$12,000,000
18Rental Housing Support Program Fund..................$760,000
19Residential Finance Regulatory Fund..................$127,000
20Roadside Memorial Fund...............................$200,000
21Safe Bottled Water Fund..............................$150,000
22School Technology Revolving Loan Fund..........$1,500,000
23Sex Offender Registration Fund.......................$100,000
24Small Business Environmental Assistance Fund.........$294,000
25Snowmobile Trail Establishment Fund..................$150,000
26Solid Waste Management Fund.......................$13,900,000

SB2217- 48 -LRB100 13147 JWD 27539 b
1Spinal Cord Injury Paralysis Cure Research
2 Trust Fund.......................................$300,000
3State Asset Forfeiture Fund..........................$185,000
4State Charter School Commission Fund.................$100,000
5State Crime Laboratory Fund..........................$150,500
6State Furbearer Fund.................................$200,000
7State Offender DNA Identification System Fund.........$98,200
8State Parks Fund.....................................$662,000
9State Police DUI Fund.................................$57,100
10State Police Firearm Services Fund.................$7,200,000
11State Police Merit Board Public Safety Fund...........$58,200
12State Police Operations Assistance Fund............$1,022,000
13State Police Services Fund.........................$3,500,000
14State Police Whistleblower Reward and
15 Protection Fund..................................$625,700
16State Rail Freight Loan Repayment Fund.........$6,000,000
17Statewide 9-1-1 Fund...............................$5,926,000
18Subtitle D Management Fund.........................$1,000,000
19Tax Compliance and Administration Fund.............$1,400,000
20TOMA Consumer Protection Fund........................$200,000
21Tourism Promotion Fund............................$91,000,000
22Traffic and Criminal Conviction Surcharge Fund.......$638,100
23Trauma Center Fund.................................$3,000,000
24Underground Resources Conservation
25 Enforcement Fund.................................$700,000
26Used Tire Management Fund.........................$17,500,000

SB2217- 49 -LRB100 13147 JWD 27539 b
1Weights and Measures Fund............................$256,100
2Wireless Carrier Reimbursement Fund..................$327,000
3Workforce, Technology, and Economic
4 Development Fund..................................$65,000
5Youth Alcoholism and Substance Abuse
6 Prevention Fund..................................$500,000
7Total $642,920,100
8 (b) On and after the effective date of this amendatory Act
9of the 100th General Assembly through the end of State fiscal
10year 2021, when any of the funds listed in subsection (a) has
11insufficient cash from which the State Comptroller may make
12expenditures properly supported by appropriations from the
13fund, then, at the direction of the Director of the Governor's
14Office of Management and Budget, the State Treasurer and State
15Comptroller shall transfer from the General Revenue Fund to the
16fund only such amount as is immediately necessary to satisfy
17outstanding expenditure obligations on a timely basis, subject
18to the provisions of the State Prompt Payment Act. All or a
19portion of the amounts transferred from the General Revenue
20Fund to a fund pursuant to this subsection (b) from time to
21time may be re-transferred by the State Comptroller and the
22State Treasurer from the receiving fund into the General
23Revenue Fund as soon as and to the extent that deposits are
24made into or receipts are collected by the receiving fund.
25 (c) The State Treasurer and State Comptroller shall
26transfer the amounts designated under subsection (a) of this

SB2217- 50 -LRB100 13147 JWD 27539 b
1Section as soon as may be practicable after receiving the
2direction to transfer from the Director of the Governor's
3Office of Management and Budget. If the Director of the
4Governor's Office of Management and Budget determines that any
5transfer authorized by this Section from a special fund under
6subsection (a) either (i) jeopardizes federal funding based on
7a written communication from a federal official or (ii)
8violates an order of a court of competent jurisdiction, then
9the Director may order the State Treasurer and State
10Comptroller, in writing, to transfer from the General Revenue
11Fund to that listed special fund all or part of the amounts
12transferred from that special fund under subsection (a).
13 (d) During State fiscal years 2018 through 2021, the report
14filed under Section 7.2 of the Governor's Office of Management
15and Budget Act shall contain, in addition to the information
16otherwise required, information on all transfers made pursuant
17to this Section, including all of the following:
18 (1) The date each transfer was made.
19 (2) The amount of each transfer.
20 (3) In the case of a transfer from the General Revenue
21 Fund to a fund of origin pursuant to subsection (b) or (c),
22 the amount of such transfer and the date such transfer was
23 made.
24 (4) The end of day balance of both the fund of origin
25 and the receiving fund on the date the transfer was made.
26 (e) Notwithstanding any provision of law to the contrary,

SB2217- 51 -LRB100 13147 JWD 27539 b
1the transfers in this Section may be made through the end of
2State fiscal year 2021.
3 (30 ILCS 105/8g)
4 Sec. 8g. Fund transfers.
5 (a) In addition to any other transfers that may be provided
6for by law, as soon as may be practical after the effective
7date of this amendatory Act of the 91st General Assembly, the
8State Comptroller shall direct and the State Treasurer shall
9transfer the sum of $10,000,000 from the General Revenue Fund
10to the Motor Vehicle License Plate Fund created by Senate Bill
111028 of the 91st General Assembly.
12 (b) In addition to any other transfers that may be provided
13for by law, as soon as may be practical after the effective
14date of this amendatory Act of the 91st General Assembly, the
15State Comptroller shall direct and the State Treasurer shall
16transfer the sum of $25,000,000 from the General Revenue Fund
17to the Fund for Illinois' Future created by Senate Bill 1066 of
18the 91st General Assembly.
19 (c) In addition to any other transfers that may be provided
20for by law, on August 30 of each fiscal year's license period,
21the Illinois Liquor Control Commission shall direct and the
22State Comptroller and State Treasurer shall transfer from the
23General Revenue Fund to the Youth Alcoholism and Substance
24Abuse Prevention Fund an amount equal to the number of retail
25liquor licenses issued for that fiscal year multiplied by $50.

SB2217- 52 -LRB100 13147 JWD 27539 b
1 (d) The payments to programs required under subsection (d)
2of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
3be made, pursuant to appropriation, from the special funds
4referred to in the statutes cited in that subsection, rather
5than directly from the General Revenue Fund.
6 Beginning January 1, 2000, on the first day of each month,
7or as soon as may be practical thereafter, the State
8Comptroller shall direct and the State Treasurer shall transfer
9from the General Revenue Fund to each of the special funds from
10which payments are to be made under subsection (d) of Section
1128.1 of the Illinois Horse Racing Act of 1975 an amount equal
12to 1/12 of the annual amount required for those payments from
13that special fund, which annual amount shall not exceed the
14annual amount for those payments from that special fund for the
15calendar year 1998. The special funds to which transfers shall
16be made under this subsection (d) include, but are not
17necessarily limited to, the Agricultural Premium Fund; the
18Metropolitan Exposition, Auditorium and Office Building Fund;
19the Fair and Exposition Fund; the Illinois Standardbred
20Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the
21Illinois Veterans' Rehabilitation Fund. During State fiscal
22year 2018 only, the State Comptroller shall direct and the
23State Treasurer shall transfer amounts from the General Revenue
24Fund to the designated funds not exceeding the following
25amounts:
26 Agricultural Premium Fund.....................$0

SB2217- 53 -LRB100 13147 JWD 27539 b
1 Fair and Exposition Fund......................0
2 Illinois Standardbred Breeders Fund...........0
3 Illinois Thoroughbred Breeders Fund...........0
4 (e) In addition to any other transfers that may be provided
5for by law, as soon as may be practical after the effective
6date of this amendatory Act of the 91st General Assembly, but
7in no event later than June 30, 2000, the State Comptroller
8shall direct and the State Treasurer shall transfer the sum of
9$15,000,000 from the General Revenue Fund to the Fund for
10Illinois' Future.
11 (f) In addition to any other transfers that may be provided
12for by law, as soon as may be practical after the effective
13date of this amendatory Act of the 91st General Assembly, but
14in no event later than June 30, 2000, the State Comptroller
15shall direct and the State Treasurer shall transfer the sum of
16$70,000,000 from the General Revenue Fund to the Long-Term Care
17Provider Fund.
18 (f-1) In fiscal year 2002, in addition to any other
19transfers that may be provided for by law, at the direction of
20and upon notification from the Governor, the State Comptroller
21shall direct and the State Treasurer shall transfer amounts not
22exceeding a total of $160,000,000 from the General Revenue Fund
23to the Long-Term Care Provider Fund.
24 (g) In addition to any other transfers that may be provided
25for by law, on July 1, 2001, or as soon thereafter as may be
26practical, the State Comptroller shall direct and the State

SB2217- 54 -LRB100 13147 JWD 27539 b
1Treasurer shall transfer the sum of $1,200,000 from the General
2Revenue Fund to the Violence Prevention Fund.
3 (h) In each of fiscal years 2002 through 2004, but not
4thereafter, in addition to any other transfers that may be
5provided for by law, the State Comptroller shall direct and the
6State Treasurer shall transfer $5,000,000 from the General
7Revenue Fund to the Tourism Promotion Fund.
8 (i) On or after July 1, 2001 and until May 1, 2002, in
9addition to any other transfers that may be provided for by
10law, at the direction of and upon notification from the
11Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not exceeding a total of
13$80,000,000 from the General Revenue Fund to the Tobacco
14Settlement Recovery Fund. Any amounts so transferred shall be
15re-transferred by the State Comptroller and the State Treasurer
16from the Tobacco Settlement Recovery Fund to the General
17Revenue Fund at the direction of and upon notification from the
18Governor, but in any event on or before June 30, 2002.
19 (i-1) On or after July 1, 2002 and until May 1, 2003, in
20addition to any other transfers that may be provided for by
21law, at the direction of and upon notification from the
22Governor, the State Comptroller shall direct and the State
23Treasurer shall transfer amounts not exceeding a total of
24$80,000,000 from the General Revenue Fund to the Tobacco
25Settlement Recovery Fund. Any amounts so transferred shall be
26re-transferred by the State Comptroller and the State Treasurer

SB2217- 55 -LRB100 13147 JWD 27539 b
1from the Tobacco Settlement Recovery Fund to the General
2Revenue Fund at the direction of and upon notification from the
3Governor, but in any event on or before June 30, 2003.
4 (j) On or after July 1, 2001 and no later than June 30,
52002, in addition to any other transfers that may be provided
6for by law, at the direction of and upon notification from the
7Governor, the State Comptroller shall direct and the State
8Treasurer shall transfer amounts not to exceed the following
9sums into the Statistical Services Revolving Fund:
10 From the General Revenue Fund.................$8,450,000
11 From the Public Utility Fund..................1,700,000
12 From the Transportation Regulatory Fund.......2,650,000
13 From the Title III Social Security and
14 Employment Fund..............................3,700,000
15 From the Professions Indirect Cost Fund.......4,050,000
16 From the Underground Storage Tank Fund........550,000
17 From the Agricultural Premium Fund............750,000
18 From the State Pensions Fund..................200,000
19 From the Road Fund............................2,000,000
20 From the Health Facilities
21 Planning Fund................................1,000,000
22 From the Savings and Residential Finance
23 Regulatory Fund..............................130,800
24 From the Appraisal Administration Fund........28,600
25 From the Pawnbroker Regulation Fund...........3,600
26 From the Auction Regulation

SB2217- 56 -LRB100 13147 JWD 27539 b
1 Administration Fund..........................35,800
2 From the Bank and Trust Company Fund..........634,800
3 From the Real Estate License
4 Administration Fund..........................313,600
5 (k) In addition to any other transfers that may be provided
6for by law, as soon as may be practical after the effective
7date of this amendatory Act of the 92nd General Assembly, the
8State Comptroller shall direct and the State Treasurer shall
9transfer the sum of $2,000,000 from the General Revenue Fund to
10the Teachers Health Insurance Security Fund.
11 (k-1) In addition to any other transfers that may be
12provided for by law, on July 1, 2002, or as soon as may be
13practical thereafter, the State Comptroller shall direct and
14the State Treasurer shall transfer the sum of $2,000,000 from
15the General Revenue Fund to the Teachers Health Insurance
16Security Fund.
17 (k-2) In addition to any other transfers that may be
18provided for by law, on July 1, 2003, or as soon as may be
19practical thereafter, the State Comptroller shall direct and
20the State Treasurer shall transfer the sum of $2,000,000 from
21the General Revenue Fund to the Teachers Health Insurance
22Security Fund.
23 (k-3) On or after July 1, 2002 and no later than June 30,
242003, in addition to any other transfers that may be provided
25for by law, at the direction of and upon notification from the
26Governor, the State Comptroller shall direct and the State

SB2217- 57 -LRB100 13147 JWD 27539 b
1Treasurer shall transfer amounts not to exceed the following
2sums into the Statistical Services Revolving Fund:
3 Appraisal Administration Fund.................$150,000
4 General Revenue Fund..........................10,440,000
5 Savings and Residential Finance
6 Regulatory Fund...........................200,000
7 State Pensions Fund...........................100,000
8 Bank and Trust Company Fund...................100,000
9 Professions Indirect Cost Fund................3,400,000
10 Public Utility Fund...........................2,081,200
11 Real Estate License Administration Fund.......150,000
12 Title III Social Security and
13 Employment Fund...........................1,000,000
14 Transportation Regulatory Fund................3,052,100
15 Underground Storage Tank Fund.................50,000
16 (l) In addition to any other transfers that may be provided
17for by law, on July 1, 2002, or as soon as may be practical
18thereafter, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $3,000,000 from the General
20Revenue Fund to the Presidential Library and Museum Operating
21Fund.
22 (m) In addition to any other transfers that may be provided
23for by law, on July 1, 2002 and on the effective date of this
24amendatory Act of the 93rd General Assembly, or as soon
25thereafter as may be practical, the State Comptroller shall
26direct and the State Treasurer shall transfer the sum of

SB2217- 58 -LRB100 13147 JWD 27539 b
1$1,200,000 from the General Revenue Fund to the Violence
2Prevention Fund.
3 (n) In addition to any other transfers that may be provided
4for by law, on July 1, 2003, or as soon thereafter as may be
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $6,800,000 from the General
7Revenue Fund to the DHS Recoveries Trust Fund.
8 (o) On or after July 1, 2003, and no later than June 30,
92004, in addition to any other transfers that may be provided
10for by law, at the direction of and upon notification from the
11Governor, the State Comptroller shall direct and the State
12Treasurer shall transfer amounts not to exceed the following
13sums into the Vehicle Inspection Fund:
14 From the Underground Storage Tank Fund .......$35,000,000.
15 (p) On or after July 1, 2003 and until May 1, 2004, in
16addition to any other transfers that may be provided for by
17law, 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
22re-transferred from the Tobacco Settlement Recovery Fund to the
23General Revenue Fund at the direction of and upon notification
24from the Governor, but in any event on or before June 30, 2004.
25 (q) In addition to any other transfers that may be provided
26for by law, on July 1, 2003, or as soon as may be practical

SB2217- 59 -LRB100 13147 JWD 27539 b
1thereafter, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $5,000,000 from the General
3Revenue Fund to the Illinois Military Family Relief Fund.
4 (r) In addition to any other transfers that may be provided
5for by law, on July 1, 2003, or as soon as may be practical
6thereafter, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $1,922,000 from the General
8Revenue Fund to the Presidential Library and Museum Operating
9Fund.
10 (s) In addition to any other transfers that may be provided
11for by law, on or after July 1, 2003, the State Comptroller
12shall direct and the State Treasurer shall transfer the sum of
13$4,800,000 from the Statewide Economic Development Fund to the
14General Revenue Fund.
15 (t) In addition to any other transfers that may be provided
16for by law, on or after July 1, 2003, the State Comptroller
17shall direct and the State Treasurer shall transfer the sum of
18$50,000,000 from the General Revenue Fund to the Budget
19Stabilization Fund.
20 (u) On or after July 1, 2004 and until May 1, 2005, in
21addition to any other transfers that may be provided for by
22law, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts not exceeding a total of
25$80,000,000 from the General Revenue Fund to the Tobacco
26Settlement Recovery Fund. Any amounts so transferred shall be

SB2217- 60 -LRB100 13147 JWD 27539 b
1retransferred by the State Comptroller and the State Treasurer
2from the Tobacco Settlement Recovery Fund to the General
3Revenue Fund at the direction of and upon notification from the
4Governor, but in any event on or before June 30, 2005.
5 (v) In addition to any other transfers that may be provided
6for by law, on July 1, 2004, or as soon thereafter as may be
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $1,200,000 from the General
9Revenue Fund to the Violence Prevention Fund.
10 (w) In addition to any other transfers that may be provided
11for by law, on July 1, 2004, or as soon thereafter as may be
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $6,445,000 from the General
14Revenue Fund to the Presidential Library and Museum Operating
15Fund.
16 (x) In addition to any other transfers that may be provided
17for by law, on January 15, 2005, or as soon thereafter as may
18be practical, the State Comptroller shall direct and the State
19Treasurer shall transfer to the General Revenue Fund the
20following sums:
21 From the State Crime Laboratory Fund, $200,000;
22 From the State Police Wireless Service Emergency Fund,
23 $200,000;
24 From the State Offender DNA Identification System
25 Fund, $800,000; and
26 From the State Police Whistleblower Reward and

SB2217- 61 -LRB100 13147 JWD 27539 b
1 Protection Fund, $500,000.
2 (y) Notwithstanding any other provision of law to the
3contrary, in addition to any other transfers that may be
4provided for by law on June 30, 2005, or as soon as may be
5practical thereafter, the State Comptroller shall direct and
6the State Treasurer shall transfer the remaining balance from
7the designated funds into the General Revenue Fund and any
8future deposits that would otherwise be made into these funds
9must instead be made into the General Revenue Fund:
10 (1) the Keep Illinois Beautiful Fund;
11 (2) the Metropolitan Fair and Exposition Authority
12 Reconstruction Fund;
13 (3) the New Technology Recovery Fund;
14 (4) the Illinois Rural Bond Bank Trust Fund;
15 (5) the ISBE School Bus Driver Permit Fund;
16 (6) the Solid Waste Management Revolving Loan Fund;
17 (7) the State Postsecondary Review Program Fund;
18 (8) the Tourism Attraction Development Matching Grant
19 Fund;
20 (9) the Patent and Copyright Fund;
21 (10) the Credit Enhancement Development Fund;
22 (11) the Community Mental Health and Developmental
23 Disabilities Services Provider Participation Fee Trust
24 Fund;
25 (12) the Nursing Home Grant Assistance Fund;
26 (13) the By-product Material Safety Fund;

SB2217- 62 -LRB100 13147 JWD 27539 b
1 (14) the Illinois Student Assistance Commission Higher
2 EdNet Fund;
3 (15) the DORS State Project Fund;
4 (16) the School Technology Revolving Fund;
5 (17) the Energy Assistance Contribution Fund;
6 (18) the Illinois Building Commission Revolving Fund;
7 (19) the Illinois Aquaculture Development Fund;
8 (20) the Homelessness Prevention Fund;
9 (21) the DCFS Refugee Assistance Fund;
10 (22) the Illinois Century Network Special Purposes
11 Fund; and
12 (23) the Build Illinois Purposes Fund.
13 (z) In addition to any other transfers that may be provided
14for by law, on July 1, 2005, or as soon as may be practical
15thereafter, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $1,200,000 from the General
17Revenue Fund to the Violence Prevention Fund.
18 (aa) In addition to any other transfers that may be
19provided for by law, on July 1, 2005, or as soon as may be
20practical thereafter, the State Comptroller shall direct and
21the State Treasurer shall transfer the sum of $9,000,000 from
22the General Revenue Fund to the Presidential Library and Museum
23Operating Fund.
24 (bb) In addition to any other transfers that may be
25provided for by law, on July 1, 2005, or as soon as may be
26practical thereafter, the State Comptroller shall direct and

SB2217- 63 -LRB100 13147 JWD 27539 b
1the State Treasurer shall transfer the sum of $6,803,600 from
2the General Revenue Fund to the Securities Audit and
3Enforcement Fund.
4 (cc) In addition to any other transfers that may be
5provided for by law, on or after July 1, 2005 and until May 1,
62006, at the direction of and upon notification from the
7Governor, the State Comptroller shall direct and the State
8Treasurer shall transfer amounts not exceeding a total of
9$80,000,000 from the General Revenue Fund to the Tobacco
10Settlement Recovery Fund. Any amounts so transferred shall be
11re-transferred by the State Comptroller and the State Treasurer
12from the Tobacco Settlement Recovery Fund to the General
13Revenue Fund at the direction of and upon notification from the
14Governor, but in any event on or before June 30, 2006.
15 (dd) In addition to any other transfers that may be
16provided for by law, on April 1, 2005, or as soon thereafter as
17may be practical, at the direction of the Director of Public
18Aid (now Director of Healthcare and Family Services), the State
19Comptroller shall direct and the State Treasurer shall transfer
20from the Public Aid Recoveries Trust Fund amounts not to exceed
21$14,000,000 to the Community Mental Health Medicaid Trust Fund.
22 (ee) Notwithstanding any other provision of law, on July 1,
232006, or as soon thereafter as practical, the State Comptroller
24shall direct and the State Treasurer shall transfer the
25remaining balance from the Illinois Civic Center Bond Fund to
26the Illinois Civic Center Bond Retirement and Interest Fund.

SB2217- 64 -LRB100 13147 JWD 27539 b
1 (ff) In addition to any other transfers that may be
2provided for by law, on and after July 1, 2006 and until June
330, 2007, at the direction of and upon notification from the
4Director of the Governor's Office of Management and Budget, the
5State Comptroller shall direct and the State Treasurer shall
6transfer amounts not exceeding a total of $1,900,000 from the
7General Revenue Fund to the Illinois Capital Revolving Loan
8Fund.
9 (gg) In addition to any other transfers that may be
10provided for by law, on and after July 1, 2006 and until May 1,
112007, at the direction of and upon notification from the
12Governor, the State Comptroller shall direct and the State
13Treasurer shall transfer amounts not exceeding a total of
14$80,000,000 from the General Revenue Fund to the Tobacco
15Settlement Recovery Fund. Any amounts so transferred shall be
16retransferred by the State Comptroller and the State Treasurer
17from the Tobacco Settlement Recovery Fund to the General
18Revenue Fund at the direction of and upon notification from the
19Governor, but in any event on or before June 30, 2007.
20 (hh) In addition to any other transfers that may be
21provided for by law, on and after July 1, 2006 and until June
2230, 2007, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts from the Illinois Affordable
25Housing Trust Fund to the designated funds not exceeding the
26following amounts:

SB2217- 65 -LRB100 13147 JWD 27539 b
1 DCFS Children's Services Fund.................$2,200,000
2 Department of Corrections Reimbursement
3 and Education Fund........................$1,500,000
4 Supplemental Low-Income Energy
5 Assistance Fund..............................$75,000
6 (ii) In addition to any other transfers that may be
7provided for by law, on or before August 31, 2006, the Governor
8and the State Comptroller may agree to transfer the surplus
9cash balance from the General Revenue Fund to the Budget
10Stabilization Fund and the Pension Stabilization Fund in equal
11proportions. The determination of the amount of the surplus
12cash balance shall be made by the Governor, with the
13concurrence of the State Comptroller, after taking into account
14the June 30, 2006 balances in the general funds and the actual
15or estimated spending from the general funds during the lapse
16period. Notwithstanding the foregoing, the maximum amount that
17may be transferred under this subsection (ii) is $50,000,000.
18 (jj) In addition to any other transfers that may be
19provided for by law, on July 1, 2006, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $8,250,000 from the General
22Revenue Fund to the Presidential Library and Museum Operating
23Fund.
24 (kk) In addition to any other transfers that may be
25provided for by law, on July 1, 2006, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

SB2217- 66 -LRB100 13147 JWD 27539 b
1Treasurer shall transfer the sum of $1,400,000 from the General
2Revenue Fund to the Violence Prevention Fund.
3 (ll) In addition to any other transfers that may be
4provided for by law, on the first day of each calendar quarter
5of the fiscal year beginning July 1, 2006, or as soon
6thereafter as practical, the State Comptroller shall direct and
7the State Treasurer shall transfer from the General Revenue
8Fund amounts equal to one-fourth of $20,000,000 to the
9Renewable Energy Resources Trust Fund.
10 (mm) 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 $1,320,000 from the General
14Revenue Fund to the I-FLY Fund.
15 (nn) In addition to any other transfers that may be
16provided for by law, on July 1, 2006, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $3,000,000 from the General
19Revenue Fund to the African-American HIV/AIDS Response Fund.
20 (oo) In addition to any other transfers that may be
21provided for by law, on and after July 1, 2006 and until June
2230, 2007, at the direction of and upon notification from the
23Governor, the State Comptroller shall direct and the State
24Treasurer shall transfer amounts identified as net receipts
25from the sale of all or part of the Illinois Student Assistance
26Commission loan portfolio from the Student Loan Operating Fund

SB2217- 67 -LRB100 13147 JWD 27539 b
1to the General Revenue Fund. The maximum amount that may be
2transferred pursuant to this Section is $38,800,000. In
3addition, no transfer may be made pursuant to this Section that
4would have the effect of reducing the available balance in the
5Student Loan Operating Fund to an amount less than the amount
6remaining unexpended and unreserved from the total
7appropriations from the Fund estimated to be expended for the
8fiscal year. The State Treasurer and Comptroller shall transfer
9the amounts designated under this Section as soon as may be
10practical after receiving the direction to transfer from the
11Governor.
12 (pp) In addition to any other transfers that may be
13provided for by law, on July 1, 2006, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $2,000,000 from the General
16Revenue Fund to the Illinois Veterans Assistance Fund.
17 (qq) In addition to any other transfers that may be
18provided for by law, on and after July 1, 2007 and until May 1,
192008, 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
24retransferred 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

SB2217- 68 -LRB100 13147 JWD 27539 b
1Governor, but in any event on or before June 30, 2008.
2 (rr) In addition to any other transfers that may be
3provided for by law, on and after July 1, 2007 and until June
430, 2008, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts from the Illinois Affordable
7Housing Trust Fund to the designated funds not exceeding the
8following amounts:
9 DCFS Children's Services Fund.................$2,200,000
10 Department of Corrections Reimbursement
11 and Education Fund........................$1,500,000
12 Supplemental Low-Income Energy
13 Assistance Fund..............................$75,000
14 (ss) In addition to any other transfers that may be
15provided for by law, on July 1, 2007, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $8,250,000 from the General
18Revenue Fund to the Presidential Library and Museum Operating
19Fund.
20 (tt) In addition to any other transfers that may be
21provided for by law, on July 1, 2007, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $1,400,000 from the General
24Revenue Fund to the Violence Prevention Fund.
25 (uu) In addition to any other transfers that may be
26provided for by law, on July 1, 2007, or as soon thereafter as

SB2217- 69 -LRB100 13147 JWD 27539 b
1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $1,320,000 from the General
3Revenue Fund to the I-FLY Fund.
4 (vv) In addition to any other transfers that may be
5provided for by law, on July 1, 2007, 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 African-American HIV/AIDS Response Fund.
9 (ww) In addition to any other transfers that may be
10provided for by law, on July 1, 2007, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $3,500,000 from the General
13Revenue Fund to the Predatory Lending Database Program Fund.
14 (xx) In addition to any other transfers that may be
15provided for by law, on July 1, 2007, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $5,000,000 from the General
18Revenue Fund to the Digital Divide Elimination Fund.
19 (yy) In addition to any other transfers that may be
20provided for by law, on July 1, 2007, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $4,000,000 from the General
23Revenue Fund to the Digital Divide Elimination Infrastructure
24Fund.
25 (zz) In addition to any other transfers that may be
26provided for by law, on July 1, 2008, or as soon thereafter as

SB2217- 70 -LRB100 13147 JWD 27539 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 Digital Divide Elimination Fund.
4 (aaa) In addition to any other transfers that may be
5provided for by law, on and after July 1, 2008 and until May 1,
62009, at the direction of and upon notification from the
7Governor, the State Comptroller shall direct and the State
8Treasurer shall transfer amounts not exceeding a total of
9$80,000,000 from the General Revenue Fund to the Tobacco
10Settlement Recovery Fund. Any amounts so transferred shall be
11retransferred by the State Comptroller and the State Treasurer
12from the Tobacco Settlement Recovery Fund to the General
13Revenue Fund at the direction of and upon notification from the
14Governor, but in any event on or before June 30, 2009.
15 (bbb) In addition to any other transfers that may be
16provided for by law, on and after July 1, 2008 and until June
1730, 2009, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts from the Illinois Affordable
20Housing Trust Fund to the designated funds not exceeding the
21following amounts:
22 DCFS Children's Services Fund.............$2,200,000
23 Department of Corrections Reimbursement
24 and Education Fund........................$1,500,000
25 Supplemental Low-Income Energy
26 Assistance Fund..............................$75,000

SB2217- 71 -LRB100 13147 JWD 27539 b
1 (ccc) In addition to any other transfers that may be
2provided for by law, on July 1, 2008, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $7,450,000 from the General
5Revenue Fund to the Presidential Library and Museum Operating
6Fund.
7 (ddd) In addition to any other transfers that may be
8provided for by law, on July 1, 2008, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $1,400,000 from the General
11Revenue Fund to the Violence Prevention Fund.
12 (eee) In addition to any other transfers that may be
13provided for by law, on July 1, 2009, 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 (fff) In addition to any other transfers that may be
18provided for by law, on and after July 1, 2009 and until May 1,
192010, 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
24retransferred 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

SB2217- 72 -LRB100 13147 JWD 27539 b
1Governor, but in any event on or before June 30, 2010.
2 (ggg) 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 $7,450,000 from the General
6Revenue Fund to the Presidential Library and Museum Operating
7Fund.
8 (hhh) 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 $1,400,000 from the General
12Revenue Fund to the Violence Prevention Fund.
13 (iii) In addition to any other transfers that may be
14provided for 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 $100,000 from the General
17Revenue Fund to the Heartsaver AED Fund.
18 (jjj) In addition to any other transfers that may be
19provided for by law, on and after July 1, 2009 and until June
2030, 2010, 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$17,000,000 from the General Revenue Fund to the DCFS
24Children's Services Fund.
25 (lll) In addition to any other transfers that may be
26provided for by law, on July 1, 2009, or as soon thereafter as

SB2217- 73 -LRB100 13147 JWD 27539 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 (mmm) In addition to any other transfers that may be
5provided for by law, on July 1, 2009, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $9,700,000 from the General
8Revenue Fund to the Senior Citizens Real Estate Deferred Tax
9Revolving Fund.
10 (nnn) 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 $565,000 from the FY09
14Budget Relief Fund to the Horse Racing Fund.
15 (ooo) In addition to any other transfers that may be
16provided by law, on July 1, 2009, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $600,000 from the General
19Revenue Fund to the Temporary Relocation Expenses Revolving
20Fund.
21 (ppp) In addition to any other transfers that may be
22provided for by law, on July 1, 2010, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $5,000,000 from the General
25Revenue Fund to the Digital Divide Elimination Fund.
26 (qqq) In addition to any other transfers that may be

SB2217- 74 -LRB100 13147 JWD 27539 b
1provided for by law, on and after July 1, 2010 and until May 1,
22011, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts not exceeding a total of
5$80,000,000 from the General Revenue Fund to the Tobacco
6Settlement Recovery Fund. Any amounts so transferred shall be
7retransferred by the State Comptroller and the State Treasurer
8from the Tobacco Settlement Recovery Fund to the General
9Revenue Fund at the direction of and upon notification from the
10Governor, but in any event on or before June 30, 2011.
11 (rrr) In addition to any other transfers that may be
12provided for by law, on July 1, 2010, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $6,675,000 from the General
15Revenue Fund to the Presidential Library and Museum Operating
16Fund.
17 (sss) In addition to any other transfers that may be
18provided for by law, on July 1, 2010, 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 (ttt) In addition to any other transfers that may be
23provided for by law, on July 1, 2010, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $100,000 from the General
26Revenue Fund to the Heartsaver AED Fund.

SB2217- 75 -LRB100 13147 JWD 27539 b
1 (uuu) In addition to any other transfers that may be
2provided for by law, on July 1, 2010, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $5,000,000 from the General
5Revenue Fund to the Communications Revolving Fund.
6 (vvv) In addition to any other transfers that may be
7provided for by law, on July 1, 2010, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $3,000,000 from the General
10Revenue Fund to the Illinois Capital Revolving Loan Fund.
11 (www) In addition to any other transfers that may be
12provided for by law, on July 1, 2010, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $17,000,000 from the
15General Revenue Fund to the DCFS Children's Services Fund.
16 (xxx) In addition to any other transfers that may be
17provided for by law, on July 1, 2010, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $2,000,000 from the Digital
20Divide Elimination Infrastructure Fund, of which $1,000,000
21shall go to the Workforce, Technology, and Economic Development
22Fund and $1,000,000 to the Public Utility Fund.
23 (yyy) In addition to any other transfers that may be
24provided for by law, on and after July 1, 2011 and until May 1,
252012, at the direction of and upon notification from the
26Governor, the State Comptroller shall direct and the State

SB2217- 76 -LRB100 13147 JWD 27539 b
1Treasurer shall transfer amounts not exceeding a total of
2$80,000,000 from the General Revenue Fund to the Tobacco
3Settlement Recovery Fund. Any amounts so transferred shall be
4retransferred by the State Comptroller and the State Treasurer
5from the Tobacco Settlement Recovery Fund to the General
6Revenue Fund at the direction of and upon notification from the
7Governor, but in any event on or before June 30, 2012.
8 (zzz) In addition to any other transfers that may be
9provided for by law, on July 1, 2011, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $1,000,000 from the General
12Revenue Fund to the Illinois Veterans Assistance Fund.
13 (aaaa) In addition to any other transfers that may be
14provided for by law, on July 1, 2011, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $8,000,000 from the General
17Revenue Fund to the Presidential Library and Museum Operating
18Fund.
19 (bbbb) In addition to any other transfers that may be
20provided for by law, on July 1, 2011, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $1,400,000 from the General
23Revenue Fund to the Violence Prevention Fund.
24 (cccc) In addition to any other transfers that may be
25provided for by law, on July 1, 2011, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

SB2217- 77 -LRB100 13147 JWD 27539 b
1Treasurer shall transfer the sum of $14,100,000 from the
2General Revenue Fund to the State Garage Revolving Fund.
3 (dddd) In addition to any other transfers that may be
4provided for by law, on July 1, 2011, or as soon thereafter as
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $4,000,000 from the General
7Revenue Fund to the Digital Divide Elimination Fund.
8 (eeee) In addition to any other transfers that may be
9provided for by law, on July 1, 2011, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $500,000 from the General
12Revenue Fund to the Senior Citizens Real Estate Deferred Tax
13Revolving Fund.
14(Source: P.A. 99-933, eff. 1-27-17.)
15 (30 ILCS 105/8g-1)
16 Sec. 8g-1. Fund transfers.
17 (a) In addition to any other transfers that may be provided
18for by law, on and after July 1, 2012 and until May 1, 2013, at
19the direction of and upon notification from the Governor, the
20State Comptroller shall direct and the State Treasurer shall
21transfer amounts not exceeding a total of $80,000,000 from the
22General Revenue Fund to the Tobacco Settlement Recovery Fund.
23Any amounts so transferred shall be retransferred by the State
24Comptroller and the State Treasurer from the Tobacco Settlement
25Recovery Fund to the General Revenue Fund at the direction of

SB2217- 78 -LRB100 13147 JWD 27539 b
1and upon notification from the Governor, but in any event on or
2before June 30, 2013.
3 (b) In addition to any other transfers that may be provided
4for by law, on and after July 1, 2013 and until May 1, 2014, at
5the direction of and upon notification from the Governor, the
6State Comptroller shall direct and the State Treasurer shall
7transfer amounts not exceeding a total of $80,000,000 from the
8General Revenue Fund to the Tobacco Settlement Recovery Fund.
9Any amounts so transferred shall be retransferred by the State
10Comptroller and the State Treasurer from the Tobacco Settlement
11Recovery Fund to the General Revenue Fund at the direction of
12and upon notification from the Governor, but in any event on or
13before June 30, 2014.
14 (c) In addition to any other transfers that may be provided
15for by law, on July 1, 2013, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $1,400,000 from the General
18Revenue Fund to the ICJIA Violence Prevention Fund.
19 (d) In addition to any other transfers that may be provided
20for by law, on July 1, 2013, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $1,500,000 from the General
23Revenue Fund to the Illinois Veterans Assistance Fund.
24 (e) In addition to any other transfers that may be provided
25for by law, on July 1, 2013, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

SB2217- 79 -LRB100 13147 JWD 27539 b
1Treasurer shall transfer the sum of $500,000 from the General
2Revenue Fund to the Senior Citizens Real Estate Deferred Tax
3Revolving Fund.
4 (f) In addition to any other transfers that may be provided
5for by law, on July 1, 2013, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $4,000,000 from the General
8Revenue Fund to the Digital Divide Elimination Fund.
9 (g) In addition to any other transfers that may be provided
10for by law, on July 1, 2013, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $5,000,000 from the General
13Revenue Fund to the Communications Revolving Fund.
14 (h) In addition to any other transfers that may be provided
15for by law, on July 1, 2013, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $9,800,000 from the General
18Revenue Fund to the Presidential Library and Museum Operating
19Fund.
20 (i) In addition to any other transfers that may be provided
21for by law, on and after July 1, 2014 and until May 1, 2015, at
22the direction of and upon notification from the Governor, the
23State Comptroller shall direct and the State Treasurer shall
24transfer amounts not exceeding a total of $80,000,000 from the
25General Revenue Fund to the Tobacco Settlement Recovery Fund.
26Any amounts so transferred shall be retransferred by the State

SB2217- 80 -LRB100 13147 JWD 27539 b
1Comptroller and the State Treasurer from the Tobacco Settlement
2Recovery Fund to the General Revenue Fund at the direction of
3and upon notification from the Governor, but in any event on or
4before June 30, 2015.
5 (j) In addition to any other transfers that may be provided
6for by law, on July 1, 2014, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $10,000,000 from the
9General Revenue Fund to the Presidential Library and Museum
10Operating Fund.
11 (k) In addition to any other transfers that may be provided
12for by law, as soon as may be practical after the effective
13date of this amendatory Act of the 100th General Assembly, the
14State Comptroller shall direct and the State Treasurer shall
15transfer the sum of $1,000,000 from the General Revenue Fund to
16the Grant Accountability and Transparency Fund.
17 (l) In addition to any other transfers that may be provided
18for by law, on July 1, 2017, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $1,000,000 from the General
21Revenue Fund to the Grant Accountability and Transparency Fund.
22 (m) Notwithstanding any other provision of law, in addition
23to any other transfers that may be provided by law, on July 1,
242017, or as soon thereafter as practical, the State Comptroller
25shall direct and the State Treasurer shall transfer the
26remaining balance from the Performance-enhancing Substance

SB2217- 81 -LRB100 13147 JWD 27539 b
1Testing Fund into the General Revenue Fund. Upon completion of
2the transfers, the Performance-enhancing Substance Testing
3Fund is dissolved, and any future deposits due to that Fund and
4any outstanding obligations or liabilities of that Fund pass to
5the General Revenue Fund.
6(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;
798-674, eff. 6-30-14.)
8 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
9 Sec. 13.2. Transfers among line item appropriations.
10 (a) Transfers among line item appropriations from the same
11treasury fund for the objects specified in this Section may be
12made in the manner provided in this Section when the balance
13remaining in one or more such line item appropriations is
14insufficient for the purpose for which the appropriation was
15made.
16 (a-1) No transfers may be made from one agency to another
17agency, nor may transfers be made from one institution of
18higher education to another institution of higher education
19except as provided by subsection (a-4).
20 (a-2) Except as otherwise provided in this Section,
21transfers may be made only among the objects of expenditure
22enumerated in this Section, except that no funds may be
23transferred from any appropriation for personal services, from
24any appropriation for State contributions to the State
25Employees' Retirement System, from any separate appropriation

SB2217- 82 -LRB100 13147 JWD 27539 b
1for employee retirement contributions paid by the employer, nor
2from any appropriation for State contribution for employee
3group insurance. During State fiscal year 2005, an agency may
4transfer amounts among its appropriations within the same
5treasury fund for personal services, employee retirement
6contributions paid by employer, and State Contributions to
7retirement systems; notwithstanding and in addition to the
8transfers authorized in subsection (c) of this Section, the
9fiscal year 2005 transfers authorized in this sentence may be
10made in an amount not to exceed 2% of the aggregate amount
11appropriated to an agency within the same treasury fund. During
12State fiscal year 2007, the Departments of Children and Family
13Services, Corrections, Human Services, and Juvenile Justice
14may transfer amounts among their respective appropriations
15within the same treasury fund for personal services, employee
16retirement contributions paid by employer, and State
17contributions to retirement systems. During State fiscal year
182010, the Department of Transportation may transfer amounts
19among their respective appropriations within the same treasury
20fund for personal services, employee retirement contributions
21paid by employer, and State contributions to retirement
22systems. During State fiscal years 2010 and 2014 only, an
23agency may transfer amounts among its respective
24appropriations within the same treasury fund for personal
25services, employee retirement contributions paid by employer,
26and State contributions to retirement systems.

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1Notwithstanding, and in addition to, the transfers authorized
2in subsection (c) of this Section, these transfers may be made
3in an amount not to exceed 2% of the aggregate amount
4appropriated to an agency within the same treasury fund.
5 (a-2.5) During State fiscal year 2015 only, the State's
6Attorneys Appellate Prosecutor may transfer amounts among its
7respective appropriations contained in operational line items
8within the same treasury fund. Notwithstanding, and in addition
9to, the transfers authorized in subsection (c) of this Section,
10these transfers may be made in an amount not to exceed 4% of
11the aggregate amount appropriated to the State's Attorneys
12Appellate Prosecutor within the same treasury fund.
13 (a-3) Further, if an agency receives a separate
14appropriation for employee retirement contributions paid by
15the employer, any transfer by that agency into an appropriation
16for personal services must be accompanied by a corresponding
17transfer into the appropriation for employee retirement
18contributions paid by the employer, in an amount sufficient to
19meet the employer share of the employee contributions required
20to be remitted to the retirement system.
21 (a-4) Long-Term Care Rebalancing. The Governor may
22designate amounts set aside for institutional services
23appropriated from the General Revenue Fund or any other State
24fund that receives monies for long-term care services to be
25transferred to all State agencies responsible for the
26administration of community-based long-term care programs,

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1including, but not limited to, community-based long-term care
2programs administered by the Department of Healthcare and
3Family Services, the Department of Human Services, and the
4Department on Aging, provided that the Director of Healthcare
5and Family Services first certifies that the amounts being
6transferred are necessary for the purpose of assisting persons
7in or at risk of being in institutional care to transition to
8community-based settings, including the financial data needed
9to prove the need for the transfer of funds. The total amounts
10transferred shall not exceed 4% in total of the amounts
11appropriated from the General Revenue Fund or any other State
12fund that receives monies for long-term care services for each
13fiscal year. A notice of the fund transfer must be made to the
14General Assembly and posted at a minimum on the Department of
15Healthcare and Family Services website, the Governor's Office
16of Management and Budget website, and any other website the
17Governor sees fit. These postings shall serve as notice to the
18General Assembly of the amounts to be transferred. Notice shall
19be given at least 30 days prior to transfer.
20 (b) In addition to the general transfer authority provided
21under subsection (c), the following agencies have the specific
22transfer authority granted in this subsection:
23 The Department of Healthcare and Family Services is
24authorized to make transfers representing savings attributable
25to not increasing grants due to the births of additional
26children from line items for payments of cash grants to line

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1items for payments for employment and social services for the
2purposes outlined in subsection (f) of Section 4-2 of the
3Illinois Public Aid Code.
4 The Department of Children and Family Services is
5authorized to make transfers not exceeding 2% of the aggregate
6amount appropriated to it within the same treasury fund for the
7following line items among these same line items: Foster Home
8and Specialized Foster Care and Prevention, Institutions and
9Group Homes and Prevention, and Purchase of Adoption and
10Guardianship Services.
11 The Department on Aging is authorized to make transfers not
12exceeding 2% of the aggregate amount appropriated to it within
13the same treasury fund for the following Community Care Program
14line items among these same line items: purchase of services
15covered by the Community Care Program and Comprehensive Case
16Coordination.
17 The State Treasurer is authorized to make transfers among
18line item appropriations from the Capital Litigation Trust
19Fund, with respect to costs incurred in fiscal years 2002 and
202003 only, when the balance remaining in one or more such line
21item appropriations is insufficient for the purpose for which
22the appropriation was made, provided that no such transfer may
23be made unless the amount transferred is no longer required for
24the purpose for which that appropriation was made.
25 The State Board of Education is authorized to make
26transfers from line item appropriations within the same

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1treasury fund for General State Aid and General State Aid -
2Hold Harmless, provided that no such transfer may be made
3unless the amount transferred is no longer required for the
4purpose for which that appropriation was made, to the line item
5appropriation for Transitional Assistance when the balance
6remaining in such line item appropriation is insufficient for
7the purpose for which the appropriation was made.
8 The State Board of Education is authorized to make
9transfers between the following line item appropriations
10within the same treasury fund: Disabled Student
11Services/Materials (Section 14-13.01 of the School Code),
12Disabled Student Transportation Reimbursement (Section
1314-13.01 of the School Code), Disabled Student Tuition -
14Private Tuition (Section 14-7.02 of the School Code),
15Extraordinary Special Education (Section 14-7.02b of the
16School Code), Reimbursement for Free Lunch/Breakfast Program,
17Summer School Payments (Section 18-4.3 of the School Code), and
18Transportation - Regular/Vocational Reimbursement (Section
1929-5 of the School Code). Such transfers shall be made only
20when the balance remaining in one or more such line item
21appropriations is insufficient for the purpose for which the
22appropriation was made and provided that no such transfer may
23be made unless the amount transferred is no longer required for
24the purpose for which that appropriation was made.
25 The Department of Healthcare and Family Services is
26authorized to make transfers not exceeding 4% of the aggregate

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1amount appropriated to it, within the same treasury fund, among
2the various line items appropriated for Medical Assistance.
3 (c) The sum of such transfers for an agency in a fiscal
4year shall not exceed 2% of the aggregate amount appropriated
5to it within the same treasury fund for the following objects:
6Personal Services; Extra Help; Student and Inmate
7Compensation; State Contributions to Retirement Systems; State
8Contributions to Social Security; State Contribution for
9Employee Group Insurance; Contractual Services; Travel;
10Commodities; Printing; Equipment; Electronic Data Processing;
11Operation of Automotive Equipment; Telecommunications
12Services; Travel and Allowance for Committed, Paroled and
13Discharged Prisoners; Library Books; Federal Matching Grants
14for Student Loans; Refunds; Workers' Compensation,
15Occupational Disease, and Tort Claims; and, in appropriations
16to institutions of higher education, Awards and Grants.
17Notwithstanding the above, any amounts appropriated for
18payment of workers' compensation claims to an agency to which
19the authority to evaluate, administer and pay such claims has
20been delegated by the Department of Central Management Services
21may be transferred to any other expenditure object where such
22amounts exceed the amount necessary for the payment of such
23claims.
24 (c-1) Special provisions for State fiscal year 2003.
25Notwithstanding any other provision of this Section to the
26contrary, for State fiscal year 2003 only, transfers among line

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1item appropriations to an agency from the same treasury fund
2may be made provided that the sum of such transfers for an
3agency in State fiscal year 2003 shall not exceed 3% of the
4aggregate amount appropriated to that State agency for State
5fiscal year 2003 for the following objects: personal services,
6except that no transfer may be approved which reduces the
7aggregate appropriations for personal services within an
8agency; extra help; student and inmate compensation; State
9contributions to retirement systems; State contributions to
10social security; State contributions for employee group
11insurance; contractual services; travel; commodities;
12printing; equipment; electronic data processing; operation of
13automotive equipment; telecommunications services; travel and
14allowance for committed, paroled, and discharged prisoners;
15library books; federal matching grants for student loans;
16refunds; workers' compensation, occupational disease, and tort
17claims; and, in appropriations to institutions of higher
18education, awards and grants.
19 (c-2) Special provisions for State fiscal year 2005.
20Notwithstanding subsections (a), (a-2), and (c), for State
21fiscal year 2005 only, transfers may be made among any line
22item appropriations from the same or any other treasury fund
23for any objects or purposes, without limitation, when the
24balance remaining in one or more such line item appropriations
25is insufficient for the purpose for which the appropriation was
26made, provided that the sum of those transfers by a State

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1agency shall not exceed 4% of the aggregate amount appropriated
2to that State agency for fiscal year 2005.
3 (c-3) Special provisions for State fiscal year 2015.
4Notwithstanding any other provision of this Section, for State
5fiscal year 2015, transfers among line item appropriations to a
6State agency from the same State treasury fund may be made for
7operational or lump sum expenses only, provided that the sum of
8such transfers for a State agency in State fiscal year 2015
9shall not exceed 4% of the aggregate amount appropriated to
10that State agency for operational or lump sum expenses for
11State fiscal year 2015. For the purpose of this subsection,
12"operational or lump sum expenses" includes the following
13objects: personal services; extra help; student and inmate
14compensation; State contributions to retirement systems; State
15contributions to social security; State contributions for
16employee group insurance; contractual services; travel;
17commodities; printing; equipment; electronic data processing;
18operation of automotive equipment; telecommunications
19services; travel and allowance for committed, paroled, and
20discharged prisoners; library books; federal matching grants
21for student loans; refunds; workers' compensation,
22occupational disease, and tort claims; lump sum and other
23purposes; and lump sum operations. For the purpose of this
24subsection (c-3), "State agency" does not include the Attorney
25General, the Secretary of State, the Comptroller, the
26Treasurer, or the legislative or judicial branches.

SB2217- 90 -LRB100 13147 JWD 27539 b
1 (c-4) Special provisions for State fiscal year 2018.
2Notwithstanding any other provision of this Section, for State
3fiscal year 2018, transfers among line item appropriations to a
4State agency from the same State treasury fund may be made for
5operational or lump sum expenses only. The sum of such
6transfers for a State agency in State fiscal year 2018 shall
7not exceed 4% of the aggregate amount appropriated to that
8State agency for operational or lump sum expenses for State
9fiscal year 2018. For the purpose of this subsection (c-4),
10"operational or lump sum expenses" includes the following
11objects: personal services; extra help; student and inmate
12compensation; State contributions to retirement systems; State
13contributions to social security; State contributions for
14employee group insurance; contractual services; travel;
15commodities; printing; equipment; electronic data processing;
16operation of automotive equipment; telecommunications
17services; travel and allowance for committed, paroled, and
18discharged prisoners; library books; federal matching grants
19for student loans; refunds; workers' compensation,
20occupational disease, and tort claims; lump sum and other
21purposes; and lump sum operations. For the purpose of this
22subsection (c-4), "State agency" does not include the Attorney
23General, the Secretary of State, the Comptroller, the
24Treasurer, or the legislative or judicial branches.
25 (d) Transfers among appropriations made to agencies of the
26Legislative and Judicial departments and to the

SB2217- 91 -LRB100 13147 JWD 27539 b
1constitutionally elected officers in the Executive branch
2require the approval of the officer authorized in Section 10 of
3this Act to approve and certify vouchers. Transfers among
4appropriations made to the University of Illinois, Southern
5Illinois University, Chicago State University, Eastern
6Illinois University, Governors State University, Illinois
7State University, Northeastern Illinois University, Northern
8Illinois University, Western Illinois University, the Illinois
9Mathematics and Science Academy and the Board of Higher
10Education require the approval of the Board of Higher Education
11and the Governor. Transfers among appropriations to all other
12agencies require the approval of the Governor.
13 The officer responsible for approval shall certify that the
14transfer is necessary to carry out the programs and purposes
15for which the appropriations were made by the General Assembly
16and shall transmit to the State Comptroller a certified copy of
17the approval which shall set forth the specific amounts
18transferred so that the Comptroller may change his records
19accordingly. The Comptroller shall furnish the Governor with
20information copies of all transfers approved for agencies of
21the Legislative and Judicial departments and transfers
22approved by the constitutionally elected officials of the
23Executive branch other than the Governor, showing the amounts
24transferred and indicating the dates such changes were entered
25on the Comptroller's records.
26 (e) The State Board of Education, in consultation with the

SB2217- 92 -LRB100 13147 JWD 27539 b
1State Comptroller, may transfer line item appropriations for
2General State Aid between the Common School Fund and the
3Education Assistance Fund. With the advice and consent of the
4Governor's Office of Management and Budget, the State Board of
5Education, in consultation with the State Comptroller, may
6transfer line item appropriations between the General Revenue
7Fund and the Education Assistance Fund for the following
8programs:
9 (1) Disabled Student Personnel Reimbursement (Section
10 14-13.01 of the School Code);
11 (2) Disabled Student Transportation Reimbursement
12 (subsection (b) of Section 14-13.01 of the School Code);
13 (3) Disabled Student Tuition - Private Tuition
14 (Section 14-7.02 of the School Code);
15 (4) Extraordinary Special Education (Section 14-7.02b
16 of the School Code);
17 (5) Reimbursement for Free Lunch/Breakfast Programs;
18 (6) Summer School Payments (Section 18-4.3 of the
19 School Code);
20 (7) Transportation - Regular/Vocational Reimbursement
21 (Section 29-5 of the School Code);
22 (8) Regular Education Reimbursement (Section 18-3 of
23 the School Code); and
24 (9) Special Education Reimbursement (Section 14-7.03
25 of the School Code).
26(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-2,

SB2217- 93 -LRB100 13147 JWD 27539 b
1eff. 3-26-15.)
2 (30 ILCS 105/25) (from Ch. 127, par. 161)
3 Sec. 25. Fiscal year limitations.
4 (a) All appropriations shall be available for expenditure
5for the fiscal year or for a lesser period if the Act making
6that appropriation so specifies. A deficiency or emergency
7appropriation shall be available for expenditure only through
8June 30 of the year when the Act making that appropriation is
9enacted unless that Act otherwise provides.
10 (b) Outstanding liabilities as of June 30, payable from
11appropriations which have otherwise expired, may be paid out of
12the expiring appropriations during the 2-month period ending at
13the close of business on August 31. Any service involving
14professional or artistic skills or any personal services by an
15employee whose compensation is subject to income tax
16withholding must be performed as of June 30 of the fiscal year
17in order to be considered an "outstanding liability as of June
1830" that is thereby eligible for payment out of the expiring
19appropriation.
20 (b-1) However, payment of tuition reimbursement claims
21under Section 14-7.03 or 18-3 of the School Code may be made by
22the State Board of Education from its appropriations for those
23respective purposes for any fiscal year, even though the claims
24reimbursed by the payment may be claims attributable to a prior
25fiscal year, and payments may be made at the direction of the

SB2217- 94 -LRB100 13147 JWD 27539 b
1State Superintendent of Education from the fund from which the
2appropriation is made without regard to any fiscal year
3limitations, except as required by subsection (j) of this
4Section. Beginning on June 30, 2021, payment of tuition
5reimbursement claims under Section 14-7.03 or 18-3 of the
6School Code as of June 30, payable from appropriations that
7have otherwise expired, may be paid out of the expiring
8appropriation during the 4-month period ending at the close of
9business on October 31.
10 (b-2) All outstanding liabilities as of June 30, 2010,
11payable from appropriations that would otherwise expire at the
12conclusion of the lapse period for fiscal year 2010, and
13interest penalties payable on those liabilities under the State
14Prompt Payment Act, may be paid out of the expiring
15appropriations until December 31, 2010, without regard to the
16fiscal year in which the payment is made, as long as vouchers
17for the liabilities are received by the Comptroller no later
18than August 31, 2010.
19 (b-2.5) All outstanding liabilities as of June 30, 2011,
20payable from appropriations that would otherwise expire at the
21conclusion of the lapse period for fiscal year 2011, and
22interest penalties payable on those liabilities under the State
23Prompt Payment Act, may be paid out of the expiring
24appropriations until December 31, 2011, without regard to the
25fiscal year in which the payment is made, as long as vouchers
26for the liabilities are received by the Comptroller no later

SB2217- 95 -LRB100 13147 JWD 27539 b
1than August 31, 2011.
2 (b-2.6) All outstanding liabilities as of June 30, 2012,
3payable from appropriations that would otherwise expire at the
4conclusion of the lapse period for fiscal year 2012, and
5interest penalties payable on those liabilities under the State
6Prompt Payment Act, may be paid out of the expiring
7appropriations until December 31, 2012, without regard to the
8fiscal year in which the payment is made, as long as vouchers
9for the liabilities are received by the Comptroller no later
10than August 31, 2012.
11 (b-2.6a) All outstanding liabilities as of June 30, 2017,
12payable from appropriations that would otherwise expire at the
13conclusion of the lapse period for fiscal year 2017, and
14interest penalties payable on those liabilities under the State
15Prompt Payment Act, may be paid out of the expiring
16appropriations until December 31, 2017, without regard to the
17fiscal year in which the payment is made, as long as vouchers
18for the liabilities are received by the Comptroller no later
19than September 30, 2017.
20 (b-2.7) For fiscal years 2012, 2013, and 2014, interest
21penalties payable under the State Prompt Payment Act associated
22with a voucher for which payment is issued after June 30 may be
23paid out of the next fiscal year's appropriation. The future
24year appropriation must be for the same purpose and from the
25same fund as the original payment. An interest penalty voucher
26submitted against a future year appropriation must be submitted

SB2217- 96 -LRB100 13147 JWD 27539 b
1within 60 days after the issuance of the associated voucher,
2and the Comptroller must issue the interest payment within 60
3days after acceptance of the interest voucher.
4 (b-3) Medical payments may be made by the Department of
5Veterans' Affairs from its appropriations for those purposes
6for any fiscal year, without regard to the fact that the
7medical services being compensated for by such payment may have
8been rendered in a prior fiscal year, except as required by
9subsection (j) of this Section. Beginning on June 30, 2021,
10medical payments payable from appropriations that have
11otherwise expired may be paid out of the expiring appropriation
12during the 4-month period ending at the close of business on
13October 31.
14 (b-4) Medical payments and child care payments may be made
15by the Department of Human Services (as successor to the
16Department of Public Aid) from appropriations for those
17purposes for any fiscal year, without regard to the fact that
18the medical or child care services being compensated for by
19such payment may have been rendered in a prior fiscal year; and
20payments may be made at the direction of the Department of
21Healthcare and Family Services (or successor agency) from the
22Health Insurance Reserve Fund without regard to any fiscal year
23limitations, except as required by subsection (j) of this
24Section. Beginning on June 30, 2021, medical and child care
25payments made by the Department of Human Services and payments
26made at the discretion of the Department of Healthcare and

SB2217- 97 -LRB100 13147 JWD 27539 b
1Family Services (or successor agency) from the Health Insurance
2Reserve Fund and payable from appropriations that have
3otherwise expired may be paid out of the expiring appropriation
4during the 4-month period ending at the close of business on
5October 31.
6 (b-5) Medical payments may be made by the Department of
7Human Services from its appropriations relating to substance
8abuse treatment services for any fiscal year, without regard to
9the fact that the medical services being compensated for by
10such payment may have been rendered in a prior fiscal year,
11provided the payments are made on a fee-for-service basis
12consistent with requirements established for Medicaid
13reimbursement by the Department of Healthcare and Family
14Services, except as required by subsection (j) of this Section.
15Beginning on June 30, 2021, medical payments made by the
16Department of Human Services relating to substance abuse
17treatment services payable from appropriations that have
18otherwise expired may be paid out of the expiring appropriation
19during the 4-month period ending at the close of business on
20October 31.
21 (b-6) Additionally, payments may be made by the Department
22of Human Services from its appropriations, or any other State
23agency from its appropriations with the approval of the
24Department of Human Services, from the Immigration Reform and
25Control Fund for purposes authorized pursuant to the
26Immigration Reform and Control Act of 1986, without regard to

SB2217- 98 -LRB100 13147 JWD 27539 b
1any fiscal year limitations, except as required by subsection
2(j) of this Section. Beginning on June 30, 2021, payments made
3by the Department of Human Services from the Immigration Reform
4and Control Fund for purposes authorized pursuant to the
5Immigration Reform and Control Act of 1986 payable from
6appropriations that have otherwise expired may be paid out of
7the expiring appropriation during the 4-month period ending at
8the close of business on October 31.
9 (b-7) Payments may be made in accordance with a plan
10authorized by paragraph (11) or (12) of Section 405-105 of the
11Department of Central Management Services Law from
12appropriations for those payments without regard to fiscal year
13limitations.
14 (b-8) Reimbursements to eligible airport sponsors for the
15construction or upgrading of Automated Weather Observation
16Systems may be made by the Department of Transportation from
17appropriations for those purposes for any fiscal year, without
18regard to the fact that the qualification or obligation may
19have occurred in a prior fiscal year, provided that at the time
20the expenditure was made the project had been approved by the
21Department of Transportation prior to June 1, 2012 and, as a
22result of recent changes in federal funding formulas, can no
23longer receive federal reimbursement.
24 (b-9) Medical payments not exceeding $150,000,000 may be
25made by the Department on Aging from its appropriations
26relating to the Community Care Program for fiscal year 2014,

SB2217- 99 -LRB100 13147 JWD 27539 b
1without regard to the fact that the medical services being
2compensated for by such payment may have been rendered in a
3prior fiscal year, provided the payments are made on a
4fee-for-service basis consistent with requirements established
5for Medicaid reimbursement by the Department of Healthcare and
6Family Services, except as required by subsection (j) of this
7Section.
8 (c) Further, payments may be made by the Department of
9Public Health and the Department of Human Services (acting as
10successor to the Department of Public Health under the
11Department of Human Services Act) from their respective
12appropriations for grants for medical care to or on behalf of
13premature and high-mortality risk infants and their mothers and
14for grants for supplemental food supplies provided under the
15United States Department of Agriculture Women, Infants and
16Children Nutrition Program, for any fiscal year without regard
17to the fact that the services being compensated for by such
18payment may have been rendered in a prior fiscal year, except
19as required by subsection (j) of this Section. Beginning on
20June 30, 2021, payments made by the Department of Public Health
21and the Department of Human Services from their respective
22appropriations for grants for medical care to or on behalf of
23premature and high-mortality risk infants and their mothers and
24for grants for supplemental food supplies provided under the
25United States Department of Agriculture Women, Infants and
26Children Nutrition Program payable from appropriations that

SB2217- 100 -LRB100 13147 JWD 27539 b
1have otherwise expired may be paid out of the expiring
2appropriations during the 4-month period ending at the close of
3business on October 31.
4 (d) The Department of Public Health and the Department of
5Human Services (acting as successor to the Department of Public
6Health under the Department of Human Services Act) shall each
7annually submit to the State Comptroller, Senate President,
8Senate Minority Leader, Speaker of the House, House Minority
9Leader, and the respective Chairmen and Minority Spokesmen of
10the Appropriations Committees of the Senate and the House, on
11or before December 31, a report of fiscal year funds used to
12pay for services provided in any prior fiscal year. This report
13shall document by program or service category those
14expenditures from the most recently completed fiscal year used
15to pay for services provided in prior fiscal years.
16 (e) The Department of Healthcare and Family Services, the
17Department of Human Services (acting as successor to the
18Department of Public Aid), and the Department of Human Services
19making fee-for-service payments relating to substance abuse
20treatment services provided during a previous fiscal year shall
21each annually submit to the State Comptroller, Senate
22President, Senate Minority Leader, Speaker of the House, House
23Minority Leader, the respective Chairmen and Minority
24Spokesmen of the Appropriations Committees of the Senate and
25the House, on or before November 30, a report that shall
26document by program or service category those expenditures from

SB2217- 101 -LRB100 13147 JWD 27539 b
1the most recently completed fiscal year used to pay for (i)
2services provided in prior fiscal years and (ii) services for
3which claims were received in prior fiscal years.
4 (f) The Department of Human Services (as successor to the
5Department of Public Aid) shall annually submit to the State
6Comptroller, Senate President, Senate Minority Leader, Speaker
7of the House, House Minority Leader, and the respective
8Chairmen and Minority Spokesmen of the Appropriations
9Committees of the Senate and the House, on or before December
1031, a report of fiscal year funds used to pay for services
11(other than medical care) provided in any prior fiscal year.
12This report shall document by program or service category those
13expenditures from the most recently completed fiscal year used
14to pay for services provided in prior fiscal years.
15 (g) In addition, each annual report required to be
16submitted by the Department of Healthcare and Family Services
17under subsection (e) shall include the following information
18with respect to the State's Medicaid program:
19 (1) Explanations of the exact causes of the variance
20 between the previous year's estimated and actual
21 liabilities.
22 (2) Factors affecting the Department of Healthcare and
23 Family Services' liabilities, including but not limited to
24 numbers of aid recipients, levels of medical service
25 utilization by aid recipients, and inflation in the cost of
26 medical services.

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1 (3) The results of the Department's efforts to combat
2 fraud and abuse.
3 (h) As provided in Section 4 of the General Assembly
4Compensation Act, any utility bill for service provided to a
5General Assembly member's district office for a period
6including portions of 2 consecutive fiscal years may be paid
7from funds appropriated for such expenditure in either fiscal
8year.
9 (i) An agency which administers a fund classified by the
10Comptroller as an internal service fund may issue rules for:
11 (1) billing user agencies in advance for payments or
12 authorized inter-fund transfers based on estimated charges
13 for goods or services;
14 (2) issuing credits, refunding through inter-fund
15 transfers, or reducing future inter-fund transfers during
16 the subsequent fiscal year for all user agency payments or
17 authorized inter-fund transfers received during the prior
18 fiscal year which were in excess of the final amounts owed
19 by the user agency for that period; and
20 (3) issuing catch-up billings to user agencies during
21 the subsequent fiscal year for amounts remaining due when
22 payments or authorized inter-fund transfers received from
23 the user agency during the prior fiscal year were less than
24 the total amount owed for that period.
25User agencies are authorized to reimburse internal service
26funds for catch-up billings by vouchers drawn against their

SB2217- 103 -LRB100 13147 JWD 27539 b
1respective appropriations for the fiscal year in which the
2catch-up billing was issued or by increasing an authorized
3inter-fund transfer during the current fiscal year. For the
4purposes of this Act, "inter-fund transfers" means transfers
5without the use of the voucher-warrant process, as authorized
6by Section 9.01 of the State Comptroller Act.
7 (i-1) Beginning on July 1, 2021, all outstanding
8liabilities, not payable during the 4-month lapse period as
9described in subsections (b-1), (b-3), (b-4), (b-5), (b-6), and
10(c) of this Section, that are made from appropriations for that
11purpose for any fiscal year, without regard to the fact that
12the services being compensated for by those payments may have
13been rendered in a prior fiscal year, are limited to only those
14claims that have been incurred but for which a proper bill or
15invoice as defined by the State Prompt Payment Act has not been
16received by September 30th following the end of the fiscal year
17in which the service was rendered.
18 (j) Notwithstanding any other provision of this Act, the
19aggregate amount of payments to be made without regard for
20fiscal year limitations as contained in subsections (b-1),
21(b-3), (b-4), (b-5), (b-6), and (c) of this Section, and
22determined by using Generally Accepted Accounting Principles,
23shall not exceed the following amounts:
24 (1) $6,000,000,000 for outstanding liabilities related
25 to fiscal year 2012;
26 (2) $5,300,000,000 for outstanding liabilities related

SB2217- 104 -LRB100 13147 JWD 27539 b
1 to fiscal year 2013;
2 (3) $4,600,000,000 for outstanding liabilities related
3 to fiscal year 2014;
4 (4) $4,000,000,000 for outstanding liabilities related
5 to fiscal year 2015;
6 (5) $3,300,000,000 for outstanding liabilities related
7 to fiscal year 2016;
8 (6) $2,600,000,000 for outstanding liabilities related
9 to fiscal year 2017;
10 (7) $2,000,000,000 for outstanding liabilities related
11 to fiscal year 2018;
12 (8) $1,300,000,000 for outstanding liabilities related
13 to fiscal year 2019;
14 (9) $600,000,000 for outstanding liabilities related
15 to fiscal year 2020; and
16 (10) $0 for outstanding liabilities related to fiscal
17 year 2021 and fiscal years thereafter.
18 (k) Department of Healthcare and Family Services Medical
19Assistance Payments.
20 (1) Definition of Medical Assistance.
21 For purposes of this subsection, the term "Medical
22 Assistance" shall include, but not necessarily be
23 limited to, medical programs and services authorized
24 under Titles XIX and XXI of the Social Security Act,
25 the Illinois Public Aid Code, the Children's Health
26 Insurance Program Act, the Covering ALL KIDS Health

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1 Insurance Act, the Long Term Acute Care Hospital
2 Quality Improvement Transfer Program Act, and medical
3 care to or on behalf of persons suffering from chronic
4 renal disease, persons suffering from hemophilia, and
5 victims of sexual assault.
6 (2) Limitations on Medical Assistance payments that
7 may be paid from future fiscal year appropriations.
8 (A) The maximum amounts of annual unpaid Medical
9 Assistance bills received and recorded by the
10 Department of Healthcare and Family Services on or
11 before June 30th of a particular fiscal year
12 attributable in aggregate to the General Revenue Fund,
13 Healthcare Provider Relief Fund, Tobacco Settlement
14 Recovery Fund, Long-Term Care Provider Fund, and the
15 Drug Rebate Fund that may be paid in total by the
16 Department from future fiscal year Medical Assistance
17 appropriations to those funds are: $700,000,000 for
18 fiscal year 2013 and $100,000,000 for fiscal year 2014
19 and each fiscal year thereafter.
20 (B) Bills for Medical Assistance services rendered
21 in a particular fiscal year, but received and recorded
22 by the Department of Healthcare and Family Services
23 after June 30th of that fiscal year, may be paid from
24 either appropriations for that fiscal year or future
25 fiscal year appropriations for Medical Assistance.
26 Such payments shall not be subject to the requirements

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1 of subparagraph (A).
2 (C) Medical Assistance bills received by the
3 Department of Healthcare and Family Services in a
4 particular fiscal year, but subject to payment amount
5 adjustments in a future fiscal year may be paid from a
6 future fiscal year's appropriation for Medical
7 Assistance. Such payments shall not be subject to the
8 requirements of subparagraph (A).
9 (D) Medical Assistance payments made by the
10 Department of Healthcare and Family Services from
11 funds other than those specifically referenced in
12 subparagraph (A) may be made from appropriations for
13 those purposes for any fiscal year without regard to
14 the fact that the Medical Assistance services being
15 compensated for by such payment may have been rendered
16 in a prior fiscal year. Such payments shall not be
17 subject to the requirements of subparagraph (A).
18 (3) Extended lapse period for Department of Healthcare
19 and Family Services Medical Assistance payments.
20 Notwithstanding any other State law to the contrary,
21 outstanding Department of Healthcare and Family Services
22 Medical Assistance liabilities, as of June 30th, payable
23 from appropriations which have otherwise expired, may be
24 paid out of the expiring appropriations during the 6-month
25 period ending at the close of business on December 31st.
26 (l) The changes to this Section made by Public Act 97-691

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1shall be effective for payment of Medical Assistance bills
2incurred in fiscal year 2013 and future fiscal years. The
3changes to this Section made by Public Act 97-691 shall not be
4applied to Medical Assistance bills incurred in fiscal year
52012 or prior fiscal years.
6 (m) The Comptroller must issue payments against
7outstanding liabilities that were received prior to the lapse
8period deadlines set forth in this Section as soon thereafter
9as practical, but no payment may be issued after the 4 months
10following the lapse period deadline without the signed
11authorization of the Comptroller and the Governor.
12(Source: P.A. 97-75, eff. 6-30-11; 97-333, eff. 8-12-11;
1397-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932, eff.
148-10-12; 98-8, eff. 5-3-13; 98-24, eff. 6-19-13; 98-215, eff.
158-9-13; 98-463, eff. 8-16-13; 98-756, eff. 7-16-14.)
16 (30 ILCS 105/50 new)
17 Sec. 50. Designation of contingency reserves. For the
18purposes of balancing the State's budget, the Governor may
19designate, by written notice to the Comptroller, a contingency
20reserve from the amounts appropriated from funds held by the
21Treasurer for the State's fiscal years 2018 through 2021 to any
22agency, including without limitation amounts appropriated
23pursuant to a statutory continuing appropriation; provided,
24however, that the Governor may not designate amounts to be set
25aside as a contingency reserve from amounts that have been

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1appropriated (i) for payment of debt service, (ii) to the State
2Board of Education for evidence-based funding to the common
3schools pursuant to Section 18-8.15 of the School Code, (iii)
4to the State Board of Education for grants or aid for early
5childhood education, (iv) for contributions to the State
6retirement systems governed by Articles 2, 14, 15, 16, or 18 of
7the Illinois Pension Code, or (v) to the Attorney General,
8Secretary of State, Treasurer, Comptroller, or any legislative
9or judicial branch agency or office.
10 (30 ILCS 105/51 new)
11 Sec. 51. Cash flow borrowing and general funds liquidity;
12FY18-FY19.
13 (a) In order to meet cash flow deficits and to maintain
14liquidity in the Healthcare Provider Relief Fund, on and after
15July 1, 2017 and through June 30, 2019, the State Treasurer and
16the State Comptroller shall make transfers to the Healthcare
17Provider Relief Fund, as directed by the Governor from time to
18time, in amounts not to exceed the total set forth below for
19each fund:
20 Open Space Lands Acquisition and
21 Development Fund..........................$55,000,000
22 School Infrastructure Fund...................$101,000,000
23 Supplemental Low-Income Energy Assistance Fund.$86,200,000
24 (b) If moneys have been transferred to Healthcare Provider
25Relief Fund pursuant to subsection (a), this amendatory Act of

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1the 100th General Assembly shall constitute the continuing
2authority for and direction to the State Treasurer and State
3Comptroller to reimburse the funds of origin from the
4Healthcare Provider Relief Fund by transferring to the funds of
5origin, at such times and in such amounts as directed by the
6Governor when necessary to support appropriated expenditures
7from the funds, but in any event no later than June 30, 2021,
8an amount equal to 50% of that transferred from them plus any
9interest that would have accrued thereon had the transfer not
10occurred. When any of the funds from which moneys have been
11transferred pursuant to subsection (a) have insufficient cash
12from which the State Comptroller may make expenditures properly
13supported by appropriations from the fund, then the State
14Treasurer and State Comptroller shall transfer from the
15Healthcare Provider Relief Fund to the fund only such amount as
16is immediately necessary to satisfy outstanding expenditure
17obligations on a timely basis.
18 (c) During State fiscal years 2018 through 2021, until such
19time as a report indicates that all moneys borrowed and
20interest pursuant to this Section have been repaid, the report
21filed under Section 7.2 of the Governor's Office of Management
22and Budget Act shall contain, in addition to the information
23otherwise required, information on all transfers made pursuant
24to this Section, including all of the following:
25 (1) The date each transfer was made.
26 (2) The amount of each transfer.

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1 (3) In the case of a transfer from the Healthcare
2 Provider Relief Fund to a fund of origin pursuant to
3 subsection (b), the amount of interest being paid to the
4 fund of origin.
5 (4) The end of day balance of both the fund of origin
6 and the Healthcare Provider Relief Fund on the date the
7 transfer was made.
8 Section 5-20. The State Revenue Sharing Act is amended by
9changing Sections 11 and 12 as follows:
10 (30 ILCS 115/11) (from Ch. 85, par. 615)
11 Sec. 11. Overpayments.
12 (a) Except as otherwise provided in subsection (b), upon
13Upon determination by the Department of Revenue that an amount
14has been paid pursuant to this Act in excess of the amount to
15which the county, municipality or taxing district receiving
16such payment was entitled, the county, municipality or taxing
17district shall, upon demand by the Department of Revenue, repay
18such amount. If such repayment is not made within a reasonable
19time, the Department of Revenue shall withhold from future
20payments an amount equal to such overpayment. If the
21appropriation from which such payment was originally made has
22not lapsed, the Department of Revenue shall redistribute the
23amount of such payment to the county, municipality, or taxing
24district entitled thereto. If the appropriation has lapsed, the

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1repayment shall be deposited in the General Revenue Fund in the
2State Treasury.
3 (b) For any overpayment identified by the Department of
4Revenue during State fiscal year 2016 to have been paid
5pursuant to this Act in excess of the amount to which the
6county, municipality, or taxing district receiving such
7payment was entitled, the amount of which was determined in
8State fiscal year 2017, repayment of the overpayment shall not
9be required to be made to the State.
10(Source: P.A. 77-1753.)
11 (30 ILCS 115/12) (from Ch. 85, par. 616)
12 Sec. 12. Personal Property Tax Replacement Fund. There is
13hereby created the Personal Property Tax Replacement Fund, a
14special fund in the State Treasury into which shall be paid all
15revenue realized:
16 (a) all amounts realized from the additional personal
17property tax replacement income tax imposed by subsections (c)
18and (d) of Section 201 of the Illinois Income Tax Act, except
19for those amounts deposited into the Income Tax Refund Fund
20pursuant to subsection (c) of Section 901 of the Illinois
21Income Tax Act; and
22 (b) all amounts realized from the additional personal
23property replacement invested capital taxes imposed by Section
242a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue
25Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and

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1Section 3 of the Water Company Invested Capital Tax Act, and
2amounts payable to the Department of Revenue under the
3Telecommunications Infrastructure Maintenance Fee Act.
4 As soon as may be after the end of each month, the
5Department of Revenue shall certify to the Treasurer and the
6Comptroller the amount of all refunds paid out of the General
7Revenue Fund through the preceding month on account of
8overpayment of liability on taxes paid into the Personal
9Property Tax Replacement Fund. Upon receipt of such
10certification, the Treasurer and the Comptroller shall
11transfer the amount so certified from the Personal Property Tax
12Replacement Fund into the General Revenue Fund.
13 The payments of revenue into the Personal Property Tax
14Replacement Fund shall be used exclusively for distribution to
15taxing districts, regional offices and officials, and local
16officials as provided in this Section and in the School Code,
17payment of the ordinary and contingent expenses of the Property
18Tax Appeal Board, payment of the expenses of the Department of
19Revenue incurred in administering the collection and
20distribution of monies paid into the Personal Property Tax
21Replacement Fund and transfers due to refunds to taxpayers for
22overpayment of liability for taxes paid into the Personal
23Property Tax Replacement Fund.
24 In addition, moneys in the Personal Property Tax
25Replacement Fund may be used to pay any of the following: (i)
26salary, stipends, and additional compensation as provided by

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1law for chief election clerks, county clerks, and county
2recorders; (ii) costs associated with regional offices of
3education and educational service centers; (iii)
4reimbursements payable by the State Board of Elections under
5Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
6Election Code; (iv) expenses of the Illinois Educational Labor
7Relations Board; and (v) salary, personal services, and
8additional compensation as provided by law for court reporters
9under the Court Reporters Act.
10 As soon as may be after the effective date of this
11amendatory Act of 1980, the Department of Revenue shall certify
12to the Treasurer the amount of net replacement revenue paid
13into the General Revenue Fund prior to that effective date from
14the additional tax imposed by Section 2a.1 of the Messages Tax
15Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of
16the Public Utilities Revenue Act; Section 3 of the Water
17Company Invested Capital Tax Act; amounts collected by the
18Department of Revenue under the Telecommunications
19Infrastructure Maintenance Fee Act; and the additional
20personal property tax replacement income tax imposed by the
21Illinois Income Tax Act, as amended by Public Act 81-1st
22Special Session-1. Net replacement revenue shall be defined as
23the total amount paid into and remaining in the General Revenue
24Fund as a result of those Acts minus the amount outstanding and
25obligated from the General Revenue Fund in state vouchers or
26warrants prior to the effective date of this amendatory Act of

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11980 as refunds to taxpayers for overpayment of liability under
2those Acts.
3 All interest earned by monies accumulated in the Personal
4Property Tax Replacement Fund shall be deposited in such Fund.
5All amounts allocated pursuant to this Section are appropriated
6on a continuing basis.
7 Prior to December 31, 1980, as soon as may be after the end
8of each quarter beginning with the quarter ending December 31,
91979, and on and after December 31, 1980, as soon as may be
10after January 1, March 1, April 1, May 1, July 1, August 1,
11October 1 and December 1 of each year, the Department of
12Revenue shall allocate to each taxing district as defined in
13Section 1-150 of the Property Tax Code, in accordance with the
14provisions of paragraph (2) of this Section the portion of the
15funds held in the Personal Property Tax Replacement Fund which
16is required to be distributed, as provided in paragraph (1),
17for each quarter. Provided, however, under no circumstances
18shall any taxing district during each of the first two years of
19distribution of the taxes imposed by this amendatory Act of
201979 be entitled to an annual allocation which is less than the
21funds such taxing district collected from the 1978 personal
22property tax. Provided further that under no circumstances
23shall any taxing district during the third year of distribution
24of the taxes imposed by this amendatory Act of 1979 receive
25less than 60% of the funds such taxing district collected from
26the 1978 personal property tax. In the event that the total of

SB2217- 115 -LRB100 13147 JWD 27539 b
1the allocations made as above provided for all taxing
2districts, during either of such 3 years, exceeds the amount
3available for distribution the allocation of each taxing
4district shall be proportionately reduced. Except as provided
5in Section 13 of this Act, the Department shall then certify,
6pursuant to appropriation, such allocations to the State
7Comptroller who shall pay over to the several taxing districts
8the respective amounts allocated to them.
9 Any township which receives an allocation based in whole or
10in part upon personal property taxes which it levied pursuant
11to Section 6-507 or 6-512 of the Illinois Highway Code and
12which was previously required to be paid over to a municipality
13shall immediately pay over to that municipality a proportionate
14share of the personal property replacement funds which such
15township receives.
16 Any municipality or township, other than a municipality
17with a population in excess of 500,000, which receives an
18allocation based in whole or in part on personal property taxes
19which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the
20Illinois Local Library Act and which was previously required to
21be paid over to a public library shall immediately pay over to
22that library a proportionate share of the personal property tax
23replacement funds which such municipality or township
24receives; provided that if such a public library has converted
25to a library organized under The Illinois Public Library
26District Act, regardless of whether such conversion has

SB2217- 116 -LRB100 13147 JWD 27539 b
1occurred on, after or before January 1, 1988, such
2proportionate share shall be immediately paid over to the
3library district which maintains and operates the library.
4However, any library that has converted prior to January 1,
51988, and which hitherto has not received the personal property
6tax replacement funds, shall receive such funds commencing on
7January 1, 1988.
8 Any township which receives an allocation based in whole or
9in part on personal property taxes which it levied pursuant to
10Section 1c of the Public Graveyards Act and which taxes were
11previously required to be paid over to or used for such public
12cemetery or cemeteries shall immediately pay over to or use for
13such public cemetery or cemeteries a proportionate share of the
14personal property tax replacement funds which the township
15receives.
16 Any taxing district which receives an allocation based in
17whole or in part upon personal property taxes which it levied
18for another governmental body or school district in Cook County
19in 1976 or for another governmental body or school district in
20the remainder of the State in 1977 shall immediately pay over
21to that governmental body or school district the amount of
22personal property replacement funds which such governmental
23body or school district would receive directly under the
24provisions of paragraph (2) of this Section, had it levied its
25own taxes.
26 (1) The portion of the Personal Property Tax

SB2217- 117 -LRB100 13147 JWD 27539 b
1 Replacement Fund required to be distributed as of the time
2 allocation is required to be made shall be the amount
3 available in such Fund as of the time allocation is
4 required to be made.
5 The amount available for distribution shall be the
6 total amount in the fund at such time minus the necessary
7 administrative and other authorized expenses as limited by
8 the appropriation and the amount determined by: (a) $2.8
9 million for fiscal year 1981; (b) for fiscal year 1982,
10 .54% of the funds distributed from the fund during the
11 preceding fiscal year; (c) for fiscal year 1983 through
12 fiscal year 1988, .54% of the funds distributed from the
13 fund during the preceding fiscal year less .02% of such
14 fund for fiscal year 1983 and less .02% of such funds for
15 each fiscal year thereafter; (d) for fiscal year 1989
16 through fiscal year 2011 no more than 105% of the actual
17 administrative expenses of the prior fiscal year; (e) for
18 fiscal year 2012 and beyond, a sufficient amount to pay (i)
19 stipends, additional compensation, salary reimbursements,
20 and other amounts directed to be paid out of this Fund for
21 local officials as authorized or required by statute and
22 (ii) no more than 105% of the actual administrative
23 expenses of the prior fiscal year, including payment of the
24 ordinary and contingent expenses of the Property Tax Appeal
25 Board and payment of the expenses of the Department of
26 Revenue incurred in administering the collection and

SB2217- 118 -LRB100 13147 JWD 27539 b
1 distribution of moneys paid into the Fund; or (f) for
2 fiscal years 2012 and 2013 only, a sufficient amount to pay
3 stipends, additional compensation, salary reimbursements,
4 and other amounts directed to be paid out of this Fund for
5 regional offices and officials as authorized or required by
6 statute; or (g) a sufficient amount to pay amounts directed
7 to be paid out of this Fund for public community college
8 base operating grants and local health protection grants to
9 certified local health departments as authorized or
10 required by appropriation or statute. Such portion of the
11 fund shall be determined after the transfer into the
12 General Revenue Fund due to refunds, if any, paid from the
13 General Revenue Fund during the preceding quarter. If at
14 any time, for any reason, there is insufficient amount in
15 the Personal Property Tax Replacement Fund for payments for
16 regional offices and officials or local officials or
17 payment of costs of administration or for transfers due to
18 refunds at the end of any particular month, the amount of
19 such insufficiency shall be carried over for the purposes
20 of payments for regional offices and officials, local
21 officials, transfers into the General Revenue Fund, and
22 costs of administration to the following month or months.
23 Net replacement revenue held, and defined above, shall be
24 transferred by the Treasurer and Comptroller to the
25 Personal Property Tax Replacement Fund within 10 days of
26 such certification.

SB2217- 119 -LRB100 13147 JWD 27539 b
1 (2) Each quarterly allocation shall first be
2 apportioned in the following manner: 51.65% for taxing
3 districts in Cook County and 48.35% for taxing districts in
4 the remainder of the State.
5 The Personal Property Replacement Ratio of each taxing
6district outside Cook County shall be the ratio which the Tax
7Base of that taxing district bears to the Downstate Tax Base.
8The Tax Base of each taxing district outside of Cook County is
9the personal property tax collections for that taxing district
10for the 1977 tax year. The Downstate Tax Base is the personal
11property tax collections for all taxing districts in the State
12outside of Cook County for the 1977 tax year. The Department of
13Revenue shall have authority to review for accuracy and
14completeness the personal property tax collections for each
15taxing district outside Cook County for the 1977 tax year.
16 The Personal Property Replacement Ratio of each Cook County
17taxing district shall be the ratio which the Tax Base of that
18taxing district bears to the Cook County Tax Base. The Tax Base
19of each Cook County taxing district is the personal property
20tax collections for that taxing district for the 1976 tax year.
21The Cook County Tax Base is the personal property tax
22collections for all taxing districts in Cook County for the
231976 tax year. The Department of Revenue shall have authority
24to review for accuracy and completeness the personal property
25tax collections for each taxing district within Cook County for
26the 1976 tax year.

SB2217- 120 -LRB100 13147 JWD 27539 b
1 For all purposes of this Section 12, amounts paid to a
2taxing district for such tax years as may be applicable by a
3foreign corporation under the provisions of Section 7-202 of
4the Public Utilities Act, as amended, shall be deemed to be
5personal property taxes collected by such taxing district for
6such tax years as may be applicable. The Director shall
7determine from the Illinois Commerce Commission, for any tax
8year as may be applicable, the amounts so paid by any such
9foreign corporation to any and all taxing districts. The
10Illinois Commerce Commission shall furnish such information to
11the Director. For all purposes of this Section 12, the Director
12shall deem such amounts to be collected personal property taxes
13of each such taxing district for the applicable tax year or
14years.
15 Taxing districts located both in Cook County and in one or
16more other counties shall receive both a Cook County allocation
17and a Downstate allocation determined in the same way as all
18other taxing districts.
19 If any taxing district in existence on July 1, 1979 ceases
20to exist, or discontinues its operations, its Tax Base shall
21thereafter be deemed to be zero. If the powers, duties and
22obligations of the discontinued taxing district are assumed by
23another taxing district, the Tax Base of the discontinued
24taxing district shall be added to the Tax Base of the taxing
25district assuming such powers, duties and obligations.
26 If two or more taxing districts in existence on July 1,

SB2217- 121 -LRB100 13147 JWD 27539 b
11979, or a successor or successors thereto shall consolidate
2into one taxing district, the Tax Base of such consolidated
3taxing district shall be the sum of the Tax Bases of each of
4the taxing districts which have consolidated.
5 If a single taxing district in existence on July 1, 1979,
6or a successor or successors thereto shall be divided into two
7or more separate taxing districts, the tax base of the taxing
8district so divided shall be allocated to each of the resulting
9taxing districts in proportion to the then current equalized
10assessed value of each resulting taxing district.
11 If a portion of the territory of a taxing district is
12disconnected and annexed to another taxing district of the same
13type, the Tax Base of the taxing district from which
14disconnection was made shall be reduced in proportion to the
15then current equalized assessed value of the disconnected
16territory as compared with the then current equalized assessed
17value within the entire territory of the taxing district prior
18to disconnection, and the amount of such reduction shall be
19added to the Tax Base of the taxing district to which
20annexation is made.
21 If a community college district is created after July 1,
221979, beginning on the effective date of this amendatory Act of
231995, its Tax Base shall be 3.5% of the sum of the personal
24property tax collected for the 1977 tax year within the
25territorial jurisdiction of the district.
26 The amounts allocated and paid to taxing districts pursuant

SB2217- 122 -LRB100 13147 JWD 27539 b
1to the provisions of this amendatory Act of 1979 shall be
2deemed to be substitute revenues for the revenues derived from
3taxes imposed on personal property pursuant to the provisions
4of the "Revenue Act of 1939" or "An Act for the assessment and
5taxation of private car line companies", approved July 22,
61943, as amended, or Section 414 of the Illinois Insurance
7Code, prior to the abolition of such taxes and shall be used
8for the same purposes as the revenues derived from ad valorem
9taxes on real estate.
10 Monies received by any taxing districts from the Personal
11Property Tax Replacement Fund shall be first applied toward
12payment of the proportionate amount of debt service which was
13previously levied and collected from extensions against
14personal property on bonds outstanding as of December 31, 1978
15and next applied toward payment of the proportionate share of
16the pension or retirement obligations of the taxing district
17which were previously levied and collected from extensions
18against personal property. For each such outstanding bond
19issue, the County Clerk shall determine the percentage of the
20debt service which was collected from extensions against real
21estate in the taxing district for 1978 taxes payable in 1979,
22as related to the total amount of such levies and collections
23from extensions against both real and personal property. For
241979 and subsequent years' taxes, the County Clerk shall levy
25and extend taxes against the real estate of each taxing
26district which will yield the said percentage or percentages of

SB2217- 123 -LRB100 13147 JWD 27539 b
1the debt service on such outstanding bonds. The balance of the
2amount necessary to fully pay such debt service shall
3constitute a first and prior lien upon the monies received by
4each such taxing district through the Personal Property Tax
5Replacement Fund and shall be first applied or set aside for
6such purpose. In counties having fewer than 3,000,000
7inhabitants, the amendments to this paragraph as made by this
8amendatory Act of 1980 shall be first applicable to 1980 taxes
9to be collected in 1981.
10(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;
1197-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.
126-30-14.)
13 Section 5-25. The General Obligation Bond Act is amended by
14changing Sections 2.5, 9, 11, 15, and 16 as follows:
15 (30 ILCS 330/2.5)
16 Sec. 2.5. Limitation on issuance of Bonds.
17 (a) Except as provided in subsection (b), no Bonds may be
18issued if, after the issuance, in the next State fiscal year
19after the issuance of the Bonds, the amount of debt service
20(including principal, whether payable at maturity or pursuant
21to mandatory sinking fund installments, and interest) on all
22then-outstanding Bonds, other than Bonds authorized by Public
23Act 96-43 and other than Bonds authorized by Public Act
2496-1497, would exceed 7% of the aggregate appropriations from

SB2217- 124 -LRB100 13147 JWD 27539 b
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. For purposes of this subsection
6(a), "general funds" has the meaning provided in Section 50-40
7of the State Budget Law.
8 (b) If the Comptroller and Treasurer each consent in
9writing, Bonds may be issued even if the issuance does not
10comply with subsection (a). In addition, $2,000,000,000 in
11Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
12and $2,000,000,000 in Refunding Bonds under Section 16, may be
13issued during State fiscal year 2017 without complying with
14subsection (a). In addition, $2,000,000,000 in Bonds for the
15purposes set forth in Sections 3, 4, 5, 6, and 7, and
16$2,000,000,000 in Refunding Bonds under Section 16, may be
17issued during State fiscal year 2018 without complying with
18subsection (a).
19(Source: P.A. 99-523, eff. 6-30-16.)
20 (30 ILCS 330/9) (from Ch. 127, par. 659)
21 Sec. 9. Conditions for Issuance and Sale of Bonds -
22Requirements for Bonds.
23 (a) Except as otherwise provided in this subsection, Bonds
24shall be issued and sold from time to time, in one or more
25series, in such amounts and at such prices as may be directed

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

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

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

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

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1together, cause the Bonds to bear interest, calculated to their
2stated maturity, at a rate in excess of the rate that the Bonds
3would bear in the absence of such arrangements.
4 The State may, with respect to Bonds issued or anticipated
5to be issued, participate in and enter into arrangements with
6respect to interest rate protection or exchange agreements,
7guarantees, or financial futures contracts for the purpose of
8limiting, reducing, or managing interest rate exposure. The
9authority granted under this paragraph, however, shall not
10increase the principal amount of Bonds authorized to be issued
11by law. The arrangements may be executed and delivered by the
12Director of the Governor's Office of Management and Budget on
13behalf of the State. Net payments for such arrangements shall
14constitute interest on the Bonds and shall be paid from the
15General Obligation Bond Retirement and Interest Fund. The
16Director of the Governor's Office of Management and Budget
17shall at least annually certify to the Governor and the State
18Comptroller his or her estimate of the amounts of such net
19payments to be included in the calculation of interest required
20to be paid by the State.
21 (c) Prior to the issuance of any Variable Rate Bonds
22pursuant to subsection (a), the Director of the Governor's
23Office of Management and Budget shall adopt an interest rate
24risk management policy providing that the amount of the State's
25variable rate exposure with respect to Bonds shall not exceed
2620%. This policy shall remain in effect while any Bonds are

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1outstanding and the issuance of Bonds shall be subject to the
2terms of such policy. The terms of this policy may be amended
3from time to time by the Director of the Governor's Office of
4Management and Budget but in no event shall any amendment cause
5the permitted level of the State's variable rate exposure with
6respect to Bonds to exceed 20%.
7 (d) "Build America Bonds" in this Section means Bonds
8authorized by Section 54AA of the Internal Revenue Code of
91986, as amended ("Internal Revenue Code"), and bonds issued
10from time to time to refund or continue to refund "Build
11America Bonds".
12 (e) Notwithstanding any other provision of this Section,
13Qualified School Construction Bonds shall be issued and sold
14from time to time, in one or more series, in such amounts and
15at such prices as may be directed by the Governor, upon
16recommendation by the Director of the Governor's Office of
17Management and Budget. Qualified School Construction Bonds
18shall be in such form (either coupon, registered or book
19entry), in such denominations, payable within 25 years from
20their date, subject to such terms of redemption with or without
21premium, and if the Qualified School Construction Bonds are
22issued with a supplemental coupon, bear interest payable at
23such times and at such fixed or variable rate or rates, and be
24dated as shall be fixed and determined by the Director of the
25Governor's Office of Management and Budget in the order
26authorizing the issuance and sale of any series of Qualified

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

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1Construction Bonds" in this subsection means Bonds authorized
2by Section 54F of the Internal Revenue Code and for bonds
3issued from time to time to refund or continue to refund such
4"Qualified School Construction Bonds".
5 (f) Beginning with the next issuance by the Governor's
6Office of Management and Budget to the Procurement Policy Board
7of a request for quotation for the purpose of formulating a new
8pool of qualified underwriting banks list, all entities
9responding to such a request for quotation for inclusion on
10that list shall provide a written report to the Governor's
11Office of Management and Budget and the Illinois Comptroller.
12The written report submitted to the Comptroller shall (i) be
13published on the Comptroller's Internet website and (ii) be
14used by the Governor's Office of Management and Budget for the
15purposes of scoring such a request for quotation. The written
16report, at a minimum, shall:
17 (1) disclose whether, within the past 3 months,
18 pursuant to its credit default swap market-making
19 activities, the firm has entered into any State of Illinois
20 credit default swaps ("CDS");
21 (2) include, in the event of State of Illinois CDS
22 activity, disclosure of the firm's cumulative notional
23 volume of State of Illinois CDS trades and the firm's
24 outstanding gross and net notional amount of State of
25 Illinois CDS, as of the end of the current 3-month period;
26 (3) indicate, pursuant to the firm's proprietary

SB2217- 133 -LRB100 13147 JWD 27539 b
1 trading activities, disclosure of whether the firm, within
2 the past 3 months, has entered into any proprietary trades
3 for its own account in State of Illinois CDS;
4 (4) include, in the event of State of Illinois
5 proprietary trades, disclosure of the firm's outstanding
6 gross and net notional amount of proprietary State of
7 Illinois CDS and whether the net position is short or long
8 credit protection, as of the end of the current 3-month
9 period;
10 (5) list all time periods during the past 3 months
11 during which the firm held net long or net short State of
12 Illinois CDS proprietary credit protection positions, the
13 amount of such positions, and whether those positions were
14 net long or net short credit protection positions; and
15 (6) indicate whether, within the previous 3 months, the
16 firm released any publicly available research or marketing
17 reports that reference State of Illinois CDS and include
18 those research or marketing reports as attachments.
19 (g) All entities included on a Governor's Office of
20Management and Budget's pool of qualified underwriting banks
21list shall, as soon as possible after March 18, 2011 (the
22effective date of Public Act 96-1554), but not later than
23January 21, 2011, and on a quarterly fiscal basis thereafter,
24provide a written report to the Governor's Office of Management
25and Budget and the Illinois Comptroller. The written reports
26submitted to the Comptroller shall be published on the

SB2217- 134 -LRB100 13147 JWD 27539 b
1Comptroller's Internet website. The written reports, at a
2minimum, shall:
3 (1) disclose whether, within the past 3 months,
4 pursuant to its credit default swap market-making
5 activities, the firm has entered into any State of Illinois
6 credit default swaps ("CDS");
7 (2) include, in the event of State of Illinois CDS
8 activity, disclosure of the firm's cumulative notional
9 volume of State of Illinois CDS trades and the firm's
10 outstanding gross and net notional amount of State of
11 Illinois CDS, as of the end of the current 3-month period;
12 (3) indicate, pursuant to the firm's proprietary
13 trading activities, disclosure of whether the firm, within
14 the past 3 months, has entered into any proprietary trades
15 for its own account in State of Illinois CDS;
16 (4) include, in the event of State of Illinois
17 proprietary trades, disclosure of the firm's outstanding
18 gross and net notional amount of proprietary State of
19 Illinois CDS and whether the net position is short or long
20 credit protection, as of the end of the current 3-month
21 period;
22 (5) list all time periods during the past 3 months
23 during which the firm held net long or net short State of
24 Illinois CDS proprietary credit protection positions, the
25 amount of such positions, and whether those positions were
26 net long or net short credit protection positions; and

SB2217- 135 -LRB100 13147 JWD 27539 b
1 (6) indicate whether, within the previous 3 months, the
2 firm released any publicly available research or marketing
3 reports that reference State of Illinois CDS and include
4 those research or marketing reports as attachments.
5(Source: P.A. 99-523, eff. 6-30-16.)
6 (30 ILCS 330/11) (from Ch. 127, par. 661)
7 Sec. 11. Sale of Bonds. Except as otherwise provided in
8this Section, Bonds shall be sold from time to time pursuant to
9notice of sale and public bid or by negotiated sale in such
10amounts and at such times as is directed by the Governor, upon
11recommendation by the Director of the Governor's Office of
12Management and Budget. At least 25%, based on total principal
13amount, of all Bonds issued each fiscal year shall be sold
14pursuant to notice of sale and public bid. At all times during
15each fiscal year, no more than 75%, based on total principal
16amount, of the Bonds issued each fiscal year, shall have been
17sold by negotiated sale. Failure to satisfy the requirements in
18the preceding 2 sentences shall not affect the validity of any
19previously issued Bonds; provided that all Bonds authorized by
20Public Act 96-43 and Public Act 96-1497 shall not be included
21in determining compliance for any fiscal year with the
22requirements of the preceding 2 sentences; and further provided
23that refunding Bonds satisfying the requirements of Section 16
24of this Act and sold during fiscal year 2009, 2010, 2011, or
252017, or 2018 shall not be subject to the requirements in the

SB2217- 136 -LRB100 13147 JWD 27539 b
1preceding 2 sentences.
2 If any Bonds, including refunding Bonds, are to be sold by
3negotiated sale, the Director of the Governor's Office of
4Management and Budget shall comply with the competitive request
5for proposal process set forth in the Illinois Procurement Code
6and all other applicable requirements of that Code.
7 If Bonds are to be sold pursuant to notice of sale and
8public bid, the Director of the Governor's Office of Management
9and Budget may, from time to time, as Bonds are to be sold,
10advertise the sale of the Bonds in at least 2 daily newspapers,
11one of which is published in the City of Springfield and one in
12the City of Chicago. The sale of the Bonds shall also be
13advertised in the volume of the Illinois Procurement Bulletin
14that is published by the Department of Central Management
15Services, and shall be published once at least 10 days prior to
16the date fixed for the opening of the bids. The Director of the
17Governor's Office of Management and Budget may reschedule the
18date of sale upon the giving of such additional notice as the
19Director deems adequate to inform prospective bidders of such
20change; provided, however, that all other conditions of the
21sale shall continue as originally advertised.
22 Executed Bonds shall, upon payment therefor, be delivered
23to the purchaser, and the proceeds of Bonds shall be paid into
24the State Treasury as directed by Section 12 of this Act.
25(Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)

SB2217- 137 -LRB100 13147 JWD 27539 b
1 (30 ILCS 330/15) (from Ch. 127, par. 665)
2 Sec. 15. Computation of Principal and Interest; transfers.
3 (a) Upon each delivery of Bonds authorized to be issued
4under this Act, the Comptroller shall compute and certify to
5the Treasurer the total amount of principal of, interest on,
6and premium, if any, on Bonds issued that will be payable in
7order to retire such Bonds, the amount of principal of,
8interest on and premium, if any, on such Bonds that will be
9payable on each payment date according to the tenor of such
10Bonds during the then current and each succeeding fiscal year,
11and the amount of sinking fund payments needed to be deposited
12in connection with Qualified School Construction Bonds
13authorized by subsection (e) of Section 9. With respect to the
14interest payable on variable rate bonds, such certifications
15shall be calculated at the maximum rate of interest that may be
16payable during the fiscal year, after taking into account any
17credits permitted in the related indenture or other instrument
18against the amount of such interest required to be appropriated
19for such period pursuant to subsection (c) of Section 14 of
20this Act. With respect to the interest payable, such
21certifications shall include the amounts certified by the
22Director of the Governor's Office of Management and Budget
23under subsection (b) of Section 9 of this Act.
24 On or before the last day of each month the State Treasurer
25and Comptroller shall transfer from (1) the Road Fund with
26respect to Bonds issued under paragraph (a) of Section 4 of

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1this Act, or Bonds issued under authorization in Public Act
298-781, or Bonds issued for the purpose of refunding such
3bonds, and from (2) the General Revenue Fund, with respect to
4all other Bonds issued under this Act, to the General
5Obligation Bond Retirement and Interest Fund an amount
6sufficient to pay the aggregate of the principal of, interest
7on, and premium, if any, on Bonds payable, by their terms on
8the next payment date divided by the number of full calendar
9months between the date of such Bonds and the first such
10payment date, and thereafter, divided by the number of months
11between each succeeding payment date after the first. Such
12computations and transfers shall be made for each series of
13Bonds issued and delivered. Interest payable on variable rate
14bonds shall be calculated at the maximum rate of interest that
15may be payable for the relevant period, after taking into
16account any credits permitted in the related indenture or other
17instrument against the amount of such interest required to be
18appropriated for such period pursuant to subsection (c) of
19Section 14 of this Act. Computations of interest shall include
20the amounts certified by the Director of the Governor's Office
21of Management and Budget under subsection (b) of Section 9 of
22this Act. Interest for which moneys have already been deposited
23into the capitalized interest account within the General
24Obligation Bond Retirement and Interest Fund shall not be
25included in the calculation of the amounts to be transferred
26under this subsection. Notwithstanding any other provision in

SB2217- 139 -LRB100 13147 JWD 27539 b
1this Section, the transfer provisions provided in this
2paragraph shall not apply to transfers made in fiscal year 2010
3or fiscal year 2011 with respect to Bonds issued in fiscal year
42010 or fiscal year 2011 pursuant to Section 7.2 of this Act.
5In the case of transfers made in fiscal year 2010 or fiscal
6year 2011 with respect to the Bonds issued in fiscal year 2010
7or fiscal year 2011 pursuant to Section 7.2 of this Act, on or
8before the 15th day of the month prior to the required debt
9service payment, the State Treasurer and Comptroller shall
10transfer from the General Revenue Fund to the General
11Obligation Bond Retirement and Interest Fund an amount
12sufficient to pay the aggregate of the principal of, interest
13on, and premium, if any, on the Bonds payable in that next
14month.
15 The transfer of monies herein and above directed is not
16required if monies in the General Obligation Bond Retirement
17and Interest Fund are more than the amount otherwise to be
18transferred as herein above provided, and if the Governor or
19his authorized representative notifies the State Treasurer and
20Comptroller of such fact in writing.
21 (b) After the effective date of this Act, the balance of,
22and monies directed to be included in the Capital Development
23Bond Retirement and Interest Fund, Anti-Pollution Bond
24Retirement and Interest Fund, Transportation Bond, Series A
25Retirement and Interest Fund, Transportation Bond, Series B
26Retirement and Interest Fund, and Coal Development Bond

SB2217- 140 -LRB100 13147 JWD 27539 b
1Retirement and Interest Fund shall be transferred to and
2deposited in the General Obligation Bond Retirement and
3Interest Fund. This Fund shall be used to make debt service
4payments on the State's general obligation Bonds heretofore
5issued which are now outstanding and payable from the Funds
6herein listed as well as on Bonds issued under this Act.
7 (c) Except as provided in Section 22-3 of the Military Code
8of Illinois, the The unused portion of federal funds received
9for or as reimbursement for a capital facilities project, as
10authorized by Section 3 of this Act, for which monies from the
11Capital Development Fund have been expended shall remain in the
12Capital Development Board Contributory Trust Fund and shall be
13used for capital projects and for no other purpose, subject to
14appropriation and as directed by the Capital Development Board.
15Any federal funds received as reimbursement for the completed
16construction of a capital facilities project, as authorized by
17Section 3 of this Act, for which monies from the Capital
18Development Fund have been expended shall be deposited in the
19General Obligation Bond Retirement and Interest Fund.
20(Source: P.A. 98-245, eff. 1-1-14.)
21 (30 ILCS 330/16) (from Ch. 127, par. 666)
22 Sec. 16. Refunding Bonds. The State of Illinois is
23authorized to issue, sell, and provide for the retirement of
24General Obligation Bonds of the State of Illinois in the amount
25of $4,839,025,000, at any time and from time to time

SB2217- 141 -LRB100 13147 JWD 27539 b
1outstanding, for the purpose of refunding any State of Illinois
2general obligation Bonds then outstanding, including the
3payment of any redemption premium thereon, any reasonable
4expenses of such refunding, any interest accrued or to accrue
5to the earliest or any subsequent date of redemption or
6maturity of such outstanding Bonds and any interest to accrue
7to the first interest payment on the refunding Bonds; provided
8that all non-refunding Bonds in an issue that includes
9refunding Bonds shall mature no later than the final maturity
10date of Bonds being refunded; provided that no refunding Bonds
11shall be offered for sale unless the net present value of debt
12service savings to be achieved by the issuance of the refunding
13Bonds is 3% or more of the principal amount of the refunding
14Bonds to be issued; and further provided that, except for
15refunding Bonds sold in fiscal year 2009, 2010, 2011, or 2017,
16or 2018, the maturities of the refunding Bonds shall not extend
17beyond the maturities of the Bonds they refund, so that for
18each fiscal year in the maturity schedule of a particular issue
19of refunding 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 The Governor shall notify the State Treasurer and
26Comptroller of such refunding. The proceeds received from the

SB2217- 142 -LRB100 13147 JWD 27539 b
1sale of refunding Bonds shall be used for the retirement at
2maturity or redemption of such outstanding Bonds on any
3maturity or redemption date and, pending such use, shall be
4placed in escrow, subject to such terms and conditions as shall
5be provided for in the Bond Sale Order relating to the
6Refunding Bonds. Proceeds not needed for deposit in an escrow
7account shall be deposited in the General Obligation Bond
8Retirement and Interest Fund. This Act shall constitute an
9irrevocable and continuing appropriation of all amounts
10necessary to establish an escrow account for the purpose of
11refunding outstanding general obligation Bonds and to pay the
12reasonable expenses of such refunding and of the issuance and
13sale of the refunding Bonds. Any such escrowed proceeds may be
14invested and reinvested in direct obligations of the United
15States of America, maturing at such time or times as shall be
16appropriate to assure the prompt payment, when due, of the
17principal of and interest and redemption premium, if any, on
18the refunded Bonds. After the terms of the escrow have been
19fully satisfied, any remaining balance of such proceeds and
20interest, income and profits earned or realized on the
21investments thereof shall be paid into the General Revenue
22Fund. The liability of the State upon the Bonds shall continue,
23provided that the holders thereof shall thereafter be entitled
24to payment only out of the moneys deposited in the escrow
25account.
26 Except as otherwise herein provided in this Section, such

SB2217- 143 -LRB100 13147 JWD 27539 b
1refunding Bonds shall in all other respects be subject to the
2terms and conditions of this Act.
3(Source: P.A. 99-523, eff. 6-30-16.)
4 Section 5-30. The Capital Development Bond Act of 1972 is
5amended by changing Section 9a as follows:
6 (30 ILCS 420/9a) (from Ch. 127, par. 759a)
7 Sec. 9a. Except as provided in Section 22-3 of the Military
8Code of Illinois, the The unused portion of federal funds
9received for or as reimbursement for a capital improvement
10project for which moneys from the Capital Development Fund have
11been expended shall remain in the Capital Development Board
12Contributory Trust Fund and shall be used for capital projects
13and for no other purpose, subject to appropriation and as
14directed by the Capital Development Board. Any federal funds
15received as reimbursement for the completed construction of a
16capital improvement project for which moneys from the Capital
17Development Fund have been expended shall be deposited in the
18Capital Development Bond Retirement and Interest Fund.
19(Source: P.A. 98-245, eff. 1-1-14.)
20 Section 5-31. The Build Illinois Bond Act is amended by
21changing Sections 6, 8, and 15 as follows:
22 (30 ILCS 425/6) (from Ch. 127, par. 2806)

SB2217- 144 -LRB100 13147 JWD 27539 b
1 Sec. 6. Conditions for Issuance and Sale of Bonds -
2Requirements for Bonds - Master and Supplemental Indentures -
3Credit and Liquidity Enhancement.
4 (a) Bonds shall be issued and sold from time to time, in
5one or more series, in such amounts and at such prices as
6directed by the Governor, upon recommendation by the Director
7of the Governor's Office of Management and Budget. Bonds shall
8be payable only from the specific sources and secured in the
9manner provided in this Act. Bonds shall be in such form, in
10such denominations, mature on such dates within 25 years from
11their date of issuance, be subject to optional or mandatory
12redemption, bear interest payable at such times and at such
13rate or rates, fixed or variable, and be dated as shall be
14fixed and determined by the Director of the Governor's Office
15of Management and Budget in an order authorizing the issuance
16and sale of any series of Bonds, which order shall be approved
17by the Governor and is herein called a "Bond Sale Order";
18provided, however, that interest payable at fixed rates shall
19not exceed that permitted in "An Act to authorize public
20corporations to issue bonds, other evidences of indebtedness
21and tax anticipation warrants subject to interest rate
22limitations set forth therein", approved May 26, 1970, as now
23or hereafter amended, and interest payable at variable rates
24shall not exceed the maximum rate permitted in the Bond Sale
25Order. Said Bonds shall be payable at such place or places,
26within or without the State of Illinois, and may be made

SB2217- 145 -LRB100 13147 JWD 27539 b
1registrable as to either principal only or as to both principal
2and interest, as shall be specified in the Bond Sale Order.
3Bonds may be callable or subject to purchase and retirement or
4remarketing as fixed and determined in the Bond Sale Order.
5Bonds (i) except for refunding Bonds satisfying the
6requirements of Section 15 of this Act and sold during fiscal
7year 2009, 2010, 2011, or 2017, or 2018, must be issued with
8principal or mandatory redemption amounts in equal amounts,
9with the first maturity issued occurring within the fiscal year
10in which the Bonds are issued or within the next succeeding
11fiscal year and (ii) must mature or be subject to mandatory
12redemption each fiscal year thereafter up to 25 years, except
13for refunding Bonds satisfying the requirements of Section 15
14of this Act and sold during fiscal year 2009, 2010, or 2011
15which must mature or be subject to mandatory redemption each
16fiscal year thereafter up to 16 years.
17 All Bonds authorized under this Act shall be issued
18pursuant to a master trust indenture ("Master Indenture")
19executed and delivered on behalf of the State by the Director
20of the Governor's Office of Management and Budget, such Master
21Indenture to be in substantially the form approved in the Bond
22Sale Order authorizing the issuance and sale of the initial
23series of Bonds issued under this Act. Such initial series of
24Bonds may, and each subsequent series of Bonds shall, also be
25issued pursuant to a supplemental trust indenture
26("Supplemental Indenture") executed and delivered on behalf of

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1the State by the Director of the Governor's Office of
2Management and Budget, each such Supplemental Indenture to be
3in substantially the form approved in the Bond Sale Order
4relating to such series. The Master Indenture and any
5Supplemental Indenture shall be entered into with a bank or
6trust company in the State of Illinois having trust powers and
7possessing capital and surplus of not less than $100,000,000.
8Such indentures shall set forth the terms and conditions of the
9Bonds and provide for payment of and security for the Bonds,
10including the establishment and maintenance of debt service and
11reserve funds, and for other protections for holders of the
12Bonds. The term "reserve funds" as used in this Act shall
13include funds and accounts established under indentures to
14provide for the payment of principal of and premium and
15interest on Bonds, to provide for the purchase, retirement or
16defeasance of Bonds, to provide for fees of trustees,
17registrars, paying agents and other fiduciaries and to provide
18for payment of costs of and debt service payable in respect of
19credit or liquidity enhancement arrangements, interest rate
20swaps or guarantees or financial futures contracts and indexing
21and remarketing agents' services.
22 In the case of any series of Bonds bearing interest at a
23variable interest rate ("Variable Rate Bonds"), in lieu of
24determining the rate or rates at which such series of Variable
25Rate Bonds shall bear interest and the price or prices at which
26such Variable Rate Bonds shall be initially sold or remarketed

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1(in the event of purchase and subsequent resale), the Bond Sale
2Order may provide that such interest rates and prices may vary
3from time to time depending on criteria established in such
4Bond Sale Order, which criteria may include, without
5limitation, references to indices or variations in interest
6rates as may, in the judgment of a remarketing agent, be
7necessary to cause Bonds of such series to be remarketable from
8time to time at a price equal to their principal amount (or
9compound accreted value in the case of original issue discount
10Bonds), and may provide for appointment of indexing agents and
11a bank, trust company, investment bank or other financial
12institution to serve as remarketing agent in that connection.
13The Bond Sale Order may provide that alternative interest rates
14or provisions for establishing alternative interest rates,
15different security or claim priorities or different call or
16amortization provisions will apply during such times as Bonds
17of any series are held by a person providing credit or
18liquidity enhancement arrangements for such Bonds as
19authorized in subsection (b) of Section 6 of this Act.
20 (b) In connection with the issuance of any series of Bonds,
21the State may enter into arrangements to provide additional
22security and liquidity for such Bonds, including, without
23limitation, bond or interest rate insurance or letters of
24credit, lines of credit, bond purchase contracts or other
25arrangements whereby funds are made available to retire or
26purchase Bonds, thereby assuring the ability of owners of the

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1Bonds to sell or redeem their Bonds. The State may enter into
2contracts and may agree to pay fees to persons providing such
3arrangements, but only under circumstances where the Director
4of the Bureau of the Budget (now Governor's Office of
5Management and Budget) certifies that he reasonably expects the
6total interest paid or to be paid on the Bonds, together with
7the fees for the arrangements (being treated as if interest),
8would not, taken together, cause the Bonds to bear interest,
9calculated to their stated maturity, at a rate in excess of the
10rate which the Bonds would bear in the absence of such
11arrangements. Any bonds, notes or other evidences of
12indebtedness issued pursuant to any such arrangements for the
13purpose of retiring and discharging outstanding Bonds shall
14constitute refunding Bonds under Section 15 of this Act. The
15State may participate in and enter into arrangements with
16respect to interest rate swaps or guarantees or financial
17futures contracts for the purpose of limiting or restricting
18interest rate risk; provided that such arrangements shall be
19made with or executed through banks having capital and surplus
20of not less than $100,000,000 or insurance companies holding
21the highest policyholder rating accorded insurers by A.M. Best &
22 Co. or any comparable rating service or government bond
23dealers reporting to, trading with, and recognized as primary
24dealers by a Federal Reserve Bank and having capital and
25surplus of not less than $100,000,000, or other persons whose
26debt securities are rated in the highest long-term categories

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1by both Moody's Investors' Services, Inc. and Standard & Poor's
2Corporation. Agreements incorporating any of the foregoing
3arrangements may be executed and delivered by the Director of
4the Governor's Office of Management and Budget on behalf of the
5State in substantially the form approved in the Bond Sale Order
6relating to such Bonds.
7 (c) "Build America Bonds" in this Section means Bonds
8authorized by Section 54AA of the Internal Revenue Code of
91986, as amended ("Internal Revenue Code"), and bonds issued
10from time to time to refund or continue to refund "Build
11America Bonds".
12(Source: P.A. 99-523, eff. 6-30-16.)
13 (30 ILCS 425/8) (from Ch. 127, par. 2808)
14 Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
15in this Section, shall be sold from time to time pursuant to
16notice of sale and public bid or by negotiated sale in such
17amounts and at such times as are directed by the Governor, upon
18recommendation by the Director of the Governor's Office of
19Management and Budget. At least 25%, based on total principal
20amount, of all Bonds issued each fiscal year shall be sold
21pursuant to notice of sale and public bid. At all times during
22each fiscal year, no more than 75%, based on total principal
23amount, of the Bonds issued each fiscal year shall have been
24sold by negotiated sale. Failure to satisfy the requirements in
25the preceding 2 sentences shall not affect the validity of any

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1previously issued Bonds; and further provided that refunding
2Bonds satisfying the requirements of Section 15 of this Act and
3sold during fiscal year 2009, 2010, 2011, or 2017, or 2018
4shall not be subject to the requirements in the preceding 2
5sentences.
6 If any Bonds are to be sold pursuant to notice of sale and
7public bid, the Director of the Governor's Office of Management
8and Budget shall comply with the competitive request for
9proposal process set forth in the Illinois Procurement Code and
10all other applicable requirements of that Code.
11 If Bonds are to be sold pursuant to notice of sale and
12public bid, the Director of the Governor's Office of Management
13and Budget may, from time to time, as Bonds are to be sold,
14advertise the sale of the Bonds in at least 2 daily newspapers,
15one of which is published in the City of Springfield and one in
16the City of Chicago. The sale of the Bonds shall also be
17advertised in the volume of the Illinois Procurement Bulletin
18that is published by the Department of Central Management
19Services, and shall be published once at least 10 days prior to
20the date fixed for the opening of the bids. The Director of the
21Governor's Office of Management and Budget may reschedule the
22date of sale upon the giving of such additional notice as the
23Director deems adequate to inform prospective bidders of the
24change; provided, however, that all other conditions of the
25sale shall continue as originally advertised. Executed Bonds
26shall, upon payment therefor, be delivered to the purchaser,

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1and the proceeds of Bonds shall be paid into the State Treasury
2as directed by Section 9 of this Act. The Governor or the
3Director of the Governor's Office of Management and Budget is
4hereby authorized and directed to execute and deliver contracts
5of sale with underwriters and to execute and deliver such
6certificates, indentures, agreements and documents, including
7any supplements or amendments thereto, and to take such actions
8and do such things as shall be necessary or desirable to carry
9out the purposes of this Act. Any action authorized or
10permitted to be taken by the Director of the Governor's Office
11of Management and Budget pursuant to this Act is hereby
12authorized to be taken by any person specifically designated by
13the Governor to take such action in a certificate signed by the
14Governor and filed with the Secretary of State.
15(Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)
16 (30 ILCS 425/15) (from Ch. 127, par. 2815)
17 Sec. 15. Refunding Bonds. Refunding Bonds are hereby
18authorized for the purpose of refunding any outstanding Bonds,
19including the payment of any redemption premium thereon, any
20reasonable expenses of such refunding, and any interest accrued
21or to accrue to the earliest or any subsequent date of
22redemption or maturity of outstanding Bonds; provided that all
23non-refunding Bonds in an issue that includes refunding Bonds
24shall mature no later than the final maturity date of Bonds
25being refunded; provided that no refunding Bonds shall be

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1offered for sale unless the net present value of debt service
2savings to be achieved by the issuance of the refunding Bonds
3is 3% or more of the principal amount of the refunding Bonds to
4be issued; and further provided that, except for refunding
5Bonds sold in fiscal year 2009, 2010, 2011, or 2017, or 2018,
6the maturities of the refunding Bonds shall not extend beyond
7the maturities of the Bonds they refund, so that for each
8fiscal year in the maturity schedule of a particular issue of
9refunding Bonds, the total amount of refunding principal
10maturing and redemption amounts due in that fiscal year and all
11prior fiscal years in that schedule shall be greater than or
12equal to the total amount of refunded principal and redemption
13amounts that had been due over that year and all prior fiscal
14years prior to the refunding.
15 Refunding Bonds may be sold in such amounts and at such
16times, as directed by the Governor upon recommendation by the
17Director of the Governor's Office of Management and Budget. The
18Governor shall notify the State Treasurer and Comptroller of
19such refunding. The proceeds received from the sale of
20refunding Bonds shall be used for the retirement at maturity or
21redemption of such outstanding Bonds on any maturity or
22redemption date and, pending such use, shall be placed in
23escrow, subject to such terms and conditions as shall be
24provided for in the Bond Sale Order relating to the refunding
25Bonds. This Act shall constitute an irrevocable and continuing
26appropriation of all amounts necessary to establish an escrow

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1account for the purpose of refunding outstanding Bonds and to
2pay the reasonable expenses of such refunding and of the
3issuance and sale of the refunding Bonds. Any such escrowed
4proceeds may be invested and reinvested in direct obligations
5of the United States of America, maturing at such time or times
6as shall be appropriate to assure the prompt payment, when due,
7of the principal of and interest and redemption premium, if
8any, on the refunded Bonds. After the terms of the escrow have
9been fully satisfied, any remaining balance of such proceeds
10and interest, income and profits earned or realized on the
11investments thereof shall be paid into the General Revenue
12Fund. The liability of the State upon the refunded Bonds shall
13continue, provided that the holders thereof shall thereafter be
14entitled to payment only out of the moneys deposited in the
15escrow account and the refunded Bonds shall be deemed paid,
16discharged and no longer to be outstanding.
17 Except as otherwise herein provided in this Section, such
18refunding Bonds shall in all other respects be issued pursuant
19to and subject to the terms and conditions of this Act and
20shall be secured by and payable from only the funds and sources
21which are provided under this Act.
22(Source: P.A. 99-523, eff. 6-30-16.)
23 Section 5-32. The State Prompt Payment Act is amended by
24adding Section 3-5 as follows:

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1 (30 ILCS 540/3-5 new)
2 Sec. 3-5. Budget Stabilization Fund; insufficient
3appropriation. If an agency incurs an interest liability under
4this Act that is ordinarily payable from the Budget
5Stabilization Fund, but the agency has insufficient
6appropriation authority from the Budget Stabilization Fund to
7make the interest payment at the time the interest payment is
8due, the agency is authorized to pay the interest from its
9available appropriations from the General Revenue Fund.
10 Section 5-35. The Illinois Coal Technology Development
11Assistance Act is amended by changing Section 3 as follows:
12 (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)
13 Sec. 3. Transfers to Coal Technology Development
14Assistance Fund.
15 (a) As soon as may be practicable after the first day of
16each month, the Department of Revenue shall certify to the
17Treasurer an amount equal to 1/64 of the revenue realized from
18the tax imposed by the Electricity Excise Tax Law, Section 2 of
19the Public Utilities Revenue Act, Section 2 of the Messages Tax
20Act, and Section 2 of the Gas Revenue Tax Act, during the
21preceding month. Upon receipt of the certification, the
22Treasurer shall transfer the amount shown on such certification
23from the General Revenue Fund to the Coal Technology
24Development Assistance Fund, which is hereby created as a

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1special fund in the State treasury, except that no transfer
2shall be made in any month in which the Fund has reached the
3following balance:
4 (1) $7,000,000 during fiscal year 1994.
5 (2) $8,500,000 during fiscal year 1995.
6 (3) $10,000,000 during fiscal years 1996 and 1997.
7 (4) During fiscal year 1998 through fiscal year 2004,
8 an amount equal to the sum of $10,000,000 plus additional
9 moneys deposited into the Coal Technology Development
10 Assistance Fund from the Infrastructure Development
11 Renewable Energy Resources and Coal Technology Development
12 Assistance Charge under Section 6.5 of the Renewable
13 Energy, Energy Efficiency, and Coal Resources Development
14 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 Infrastructure Development Renewable Energy Resources and
19 Coal Technology Development Assistance Charge under
20 Section 6.5 of the Renewable Energy, Energy Efficiency, and
21 Coal Resources Development 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 Infrastructure Development Renewable Energy Resources and

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1 Coal Technology Development Assistance Charge under
2 Section 6.5 of the Renewable Energy, Energy Efficiency, and
3 Coal Resources Development Law of 1997.
4 (b) Beginning in fiscal year 2018 and each fiscal year
5thereafter, the Treasurer shall make no transfers from the
6General 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, 2-5.1, 2-7, and 2-15
11as follows:
12 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
13 Sec. 2-2.04. "Eligible operating expenses" means all
14expenses required for public transportation, including
15employee wages and benefits, materials, fuels, supplies,
16rental of facilities, taxes other than income taxes, payment
17made for debt service (including principal and interest) on
18publicly owned equipment or facilities, and any other
19expenditure which is an operating expense according to standard
20accounting practices for the providing of public
21transportation. Eligible operating expenses shall not include
22allowances: (a) for depreciation whether funded or unfunded;
23(b) for amortization of any intangible costs; (c) for debt
24service on capital acquired with the assistance of capital

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

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1appropriated for such participant for the fiscal year ending
2June 30, 1980, plus in each year a 10% increase over the
3maximum established for the preceding fiscal year. For Fiscal
4Year 1980 the maximum eligible operating expenses for any such
5participant shall be the amount of projected operating expenses
6upon which the appropriation for such participant for Fiscal
7Year 1980 is based.
8 With respect to participants receiving federal research
9development and demonstration operating assistance funds for
10operating assistance pursuant to Section 6 of the "Urban Mass
11Transportation Act of 1964", as amended, during the fiscal year
12ending June 30, 1979, the maximum eligible operating expenses
13for any such participant in any fiscal year after Fiscal Year
141980 shall not exceed such participant's eligible operating
15expenses for the fiscal year ending June 30, 1980, plus in each
16year a 10% increase over the maximum established for the
17preceding fiscal year. For Fiscal Year 1980, the maximum
18eligible operating expenses for any such participant shall be
19the eligible operating expenses incurred during such fiscal
20year, or projected operating expenses upon which the
21appropriation for such participant for the Fiscal Year 1980 is
22based; whichever is less.
23 With respect to all participants other than any Metro-East
24Transit District participant, the maximum eligible operating
25expenses for any such participant in any fiscal year after
26Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)

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1shall be the amount appropriated for such participant for the
2fiscal year ending June 30, 1985, plus in each year a 10%
3increase over the maximum established for the preceding year.
4For Fiscal Year 1985, the maximum eligible operating expenses
5for any such participant shall be the amount of projected
6operating expenses upon which the appropriation for such
7participant for Fiscal Year 1985 is based.
8 With respect to any mass transit district participant that
9has increased its district boundaries by annexing counties
10since 1998 and is maintaining a level of local financial
11support, including all income and revenues, equal to or greater
12than the level in the State fiscal year ending June 30, 2001,
13the maximum eligible operating expenses for any State fiscal
14year after 2002 (except State fiscal years 2006 through 2009)
15shall be the amount appropriated for that participant for the
16State fiscal year ending June 30, 2002, plus, in each State
17fiscal year, a 10% increase over the preceding State fiscal
18year. For State fiscal year 2002, the maximum eligible
19operating expenses for any such participant shall be the amount
20of projected operating expenses upon which the appropriation
21for that participant for State fiscal year 2002 is based. For
22that participant, eligible operating expenses for State fiscal
23year 2002 in excess of the eligible operating expenses for the
24State fiscal year ending June 30, 2001, plus 10%, must be
25attributed to the provision of services in the newly annexed
26counties. Beginning July 1, 2017 the 10% mandatory

SB2217- 160 -LRB100 13147 JWD 27539 b
1appropriation increase for each State fiscal year shall no
2longer be applied.
3 With respect to a participant that receives an initial
4appropriation in State fiscal year 2002 or thereafter, the
5maximum eligible operating expenses for any State fiscal year
6after 2003 (except State fiscal years 2006 through 2009) shall
7be the amount appropriated for that participant for the State
8fiscal year in which it received its initial appropriation,
9plus, in each year, a 10% increase over the preceding year. For
10the initial State fiscal year in which a participant received
11an appropriation, the maximum eligible operating expenses for
12any such participant shall be the amount of projected operating
13expenses upon which the appropriation for that participant for
14that State fiscal year is based. Beginning July 1, 2017 the 10%
15mandatory appropriation increase for each State fiscal year
16shall no longer be applied.
17 With respect to the District serving primarily the counties
18of Monroe and St. Clair, beginning July 1, 2005, the St. Clair
19County Transit District shall no longer be included for new
20appropriation funding purposes as part of the Metro-East Public
21Transportation Fund and instead shall be included for new
22appropriation funding purposes as part of the Downstate Public
23Transportation Fund; provided, however, that nothing herein
24shall alter the eligibility of that District for previously
25appropriated funds to which it would otherwise be entitled.
26 With respect to the District serving primarily Madison

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1County, beginning July 1, 2008, the Madison County Transit
2District shall no longer be included for new appropriation
3funding purposes as part of the Metro-East Public
4Transportation Fund and instead shall be included for new
5appropriation funding purposes as part of the Downstate Public
6Transportation Fund; provided, however, that nothing herein
7shall alter the eligibility of that District for previously
8appropriated funds to which it would otherwise be entitled.
9 With respect to the fiscal year beginning July 1, 2007, and
10thereafter, the following shall be included for new
11appropriation funding purposes as part of the Downstate Public
12Transportation Fund: Bond County; Bureau County; Coles County;
13Edgar County; Stephenson County and the City of Freeport; Henry
14County; Jo Daviess County; Kankakee and McLean Counties; Peoria
15County; Piatt County; Shelby County; Tazewell and Woodford
16Counties; Vermilion County; Williamson County; and Kendall
17County.
18(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
19 (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
20 Sec. 2-3. (a) As soon as possible after the first day of
21each month, beginning July 1, 1984, upon certification of the
22Department of Revenue, the Comptroller shall order
23transferred, and the Treasurer shall transfer, from the General
24Revenue Fund to a special fund in the State Treasury which is
25hereby created, to be known as the "Downstate Public

SB2217- 162 -LRB100 13147 JWD 27539 b
1Transportation Fund", an amount equal to 2/32 (beginning July
21, 2005, 3/32) (beginning July 1, 2017, 8.6%) of the net
3revenue realized from the "Retailers' Occupation Tax Act", as
4now or hereafter amended, the "Service Occupation Tax Act", as
5now or hereafter amended, the "Use Tax Act", as now or
6hereafter amended, and the "Service Use Tax Act", as now or
7hereafter amended, from persons incurring municipal or county
8retailers' or service occupation tax liability for the benefit
9of any municipality or county located wholly within the
10boundaries of each participant other than any Metro-East
11Transit District participant certified pursuant to subsection
12(c) of this Section during the preceding month, except that the
13Department shall pay into the Downstate Public Transportation
14Fund 2/32 (beginning July 1, 2005, 3/32) (beginning July 1,
152017, 8.6%) of 80% of the net revenue realized under the State
16tax Acts named above within any municipality or county located
17wholly within the boundaries of each participant, other than
18any Metro-East participant, for tax periods beginning on or
19after January 1, 1990. Net revenue realized for a month shall
20be the revenue collected by the State pursuant to such Acts
21during the previous month from persons incurring municipal or
22county retailers' or service occupation tax liability for the
23benefit of any municipality or county located wholly within the
24boundaries of a participant, less the amount paid out during
25that same month as refunds or credit memoranda to taxpayers for
26overpayment of liability under such Acts for the benefit of any

SB2217- 163 -LRB100 13147 JWD 27539 b
1municipality or county located wholly within the boundaries of
2a participant.
3 (b) As soon as possible after the first day of each month,
4beginning July 1, 1989, upon certification of the Department of
5Revenue, the Comptroller shall order transferred, and the
6Treasurer shall transfer, from the General Revenue Fund to a
7special fund in the State Treasury which is hereby created, to
8be known as the "Metro-East Public Transportation Fund", an
9amount equal to 2/32 of the net revenue realized, as above,
10from within the boundaries of Madison, Monroe, and St. Clair
11Counties, except that the Department shall pay into the
12Metro-East Public Transportation Fund 2/32 of 80% of the net
13revenue realized under the State tax Acts specified in
14subsection (a) of this Section within the boundaries of
15Madison, Monroe and St. Clair Counties for tax periods
16beginning on or after January 1, 1990. A local match equivalent
17to an amount which could be raised by a tax levy at the rate of
18.05% on the assessed value of property within the boundaries of
19Madison County is required annually to cause a total of 2/32 of
20the net revenue to be deposited in the Metro-East Public
21Transportation Fund. Failure to raise the required local match
22annually shall result in only 1/32 being deposited into the
23Metro-East Public Transportation Fund after July 1, 1989, or
241/32 of 80% of the net revenue realized for tax periods
25beginning on or after January 1, 1990.
26 (b-5) As soon as possible after the first day of each

SB2217- 164 -LRB100 13147 JWD 27539 b
1month, beginning July 1, 2005, upon certification of the
2Department of Revenue, the Comptroller shall order
3transferred, and the Treasurer shall transfer, from the General
4Revenue Fund to the Downstate Public Transportation Fund, an
5amount equal to 3/32 (beginning July 1, 2017, 8.6%) of 80% of
6the net revenue realized from within the boundaries of Monroe
7and St. Clair Counties under the State Tax Acts specified in
8subsection (a) of this Section and provided further that,
9beginning July 1, 2005, the provisions of subsection (b) shall
10no longer apply with respect to such tax receipts from Monroe
11and St. Clair Counties.
12 (b-6) As soon as possible after the first day of each
13month, beginning July 1, 2008, upon certification by the
14Department of Revenue, the Comptroller shall order transferred
15and the Treasurer shall transfer, from the General Revenue Fund
16to the Downstate Public Transportation Fund, an amount equal to
173/32 (beginning July 1, 2017, 8.6%) of 80% of the net revenue
18realized from within the boundaries of Madison County under the
19State Tax Acts specified in subsection (a) of this Section and
20provided further that, beginning July 1, 2008, the provisions
21of subsection (b) shall no longer apply with respect to such
22tax receipts from Madison County.
23 (c) The Department shall certify to the Department of
24Revenue the eligible participants under this Article and the
25territorial boundaries of such participants for the purposes of
26the Department of Revenue in subsections (a) and (b) of this

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1Section.
2 (d) For the purposes of this Article, beginning in fiscal
3year 2009 the General Assembly shall appropriate an amount from
4the Downstate Public Transportation Fund equal to the sum total
5funds projected to be paid to the participants pursuant to
6Section 2-7. If the General Assembly fails to make
7appropriations sufficient to cover the amounts projected to be
8paid pursuant to Section 2-7, this Act shall constitute an
9irrevocable and continuing appropriation from the Downstate
10Public Transportation Fund of all amounts necessary for those
11purposes.
12 (e) Notwithstanding anything in this Section to the
13contrary, amounts transferred from the General Revenue Fund to
14the Downstate Public Transportation Fund pursuant to this
15Section shall not exceed $169,000,000 in State fiscal year
162012.
17(Source: P.A. 97-641, eff. 12-19-11.)
18 (30 ILCS 740/2-5.1)
19 Sec. 2-5.1. Additional requirements.
20 (a) Any unit of local government that becomes a participant
21on or after the effective date of this amendatory Act of the
2294th General Assembly shall, in addition to any other
23requirements under this Article, meet all of the following
24requirements when applying for grants under this Article:
25 (1) The grant application must demonstrate the

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1 participant's plan to provide general public
2 transportation with an emphasis on persons with
3 disabilities and elderly and economically disadvantaged
4 populations.
5 (2) The grant application must demonstrate the
6 participant's plan for interagency coordination that, at a
7 minimum, allows the participation of all State-funded and
8 federally-funded agencies and programs with transportation
9 needs in the proposed service area in the development of
10 the applicant's public transportation program.
11 (3) Any participant serving a nonurbanized area that is
12 not receiving Federal Section 5311 funding must meet the
13 operating and safety compliance requirements as set forth
14 in that federal program.
15 (4) The participant is required to hold public hearings
16 to allow comment on the proposed service plan in all
17 municipalities with populations of 1,500 inhabitants or
18 more within the proposed service area.
19 (b) Service extensions by any participant after July 1,
202005 by either annexation or intergovernmental agreement must
21meet the 4 requirements of subsection (a).
22 (c) In order to receive funding, the Department shall
23certify that the participant has met the requirements of this
24Section. Funding priority shall be given to service extension,
25multi-county, and multi-jurisdictional projects.
26 (d) The Department shall develop an annual application

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1process for existing or potential participants to request an
2initial appropriation or an appropriation exceeding the
3formula amount found in subsection (b-10) of Section 2-7 for
4funding service in new areas in the next fiscal year. The
5application shall include, but not be limited to, a description
6of the new service area, proposed service in the new area, and
7a budget for providing existing and new service. The Department
8shall review the application for reasonableness and compliance
9with the requirements of this Section, and, if it approves the
10application, shall recommend to the Governor an appropriation
11for the next fiscal year in an amount sufficient to provide 55%
1265% of projected eligible operating expenses associated with a
13new participant's service area or the portion of an existing
14participant's service area that has been expanded by annexation
15or intergovernmental agreement. The recommended appropriation
16for the next fiscal year may exceed the formula amount found in
17subsection (b-10) of Section 2-7.
18(Source: P.A. 99-143, eff. 7-27-15.)
19 (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
20 Sec. 2-7. Quarterly reports; annual audit.
21 (a) Any Metro-East Transit District participant shall, no
22later than 60 days following the end of each quarter of any
23fiscal year, file with the Department on forms provided by the
24Department for that purpose, a report of the actual operating
25deficit experienced during that quarter. The Department shall,

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1upon receipt of the quarterly report, determine whether the
2operating deficits were incurred in conformity with the program
3of proposed expenditures approved by the Department pursuant to
4Section 2-11. Any Metro-East District may either monthly or
5quarterly for any fiscal year file a request for the
6participant's eligible share, as allocated in accordance with
7Section 2-6, of the amounts transferred into the Metro-East
8Public Transportation Fund.
9 (b) Each participant other than any Metro-East Transit
10District participant shall, 30 days before the end of each
11quarter, file with the Department on forms provided by the
12Department for such purposes a report of the projected eligible
13operating expenses to be incurred in the next quarter and 30
14days before the third and fourth quarters of any fiscal year a
15statement of actual eligible operating expenses incurred in the
16preceding quarters. Except as otherwise provided in subsection
17(b-5), within 45 days of receipt by the Department of such
18quarterly report, the Comptroller shall order paid and the
19Treasurer shall pay from the Downstate Public Transportation
20Fund to each participant an amount equal to one-third of such
21participant's eligible operating expenses; provided, however,
22that in Fiscal Year 1997, the amount paid to each participant
23from the Downstate Public Transportation Fund shall be an
24amount equal to 47% of such participant's eligible operating
25expenses and shall be increased to 49% in Fiscal Year 1998, 51%
26in Fiscal Year 1999, 53% in Fiscal Year 2000, 55% in Fiscal

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1Years 2001 through 2007, and 65% in Fiscal Years Year 2008
2through 2017, and 55% in Fiscal Year 2018 and thereafter;
3however, in any year that a participant receives funding under
4subsection (i) of Section 2705-305 of the Department of
5Transportation Law (20 ILCS 2705/2705-305), that participant
6shall be eligible only for assistance equal to the following
7percentage of its eligible operating expenses: 42% in Fiscal
8Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year 1999,
948% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and
10thereafter. Any such payment for the third and fourth quarters
11of any fiscal year shall be adjusted to reflect actual eligible
12operating expenses for preceding quarters of such fiscal year.
13However, no participant shall receive an amount less than that
14which was received in the immediate prior year, provided in the
15event of a shortfall in the fund those participants receiving
16less than their full allocation pursuant to Section 2-6 of this
17Article shall be the first participants to receive an amount
18not less than that received in the immediate prior year.
19 (b-5) (Blank.)
20 (b-10) On July 1, 2008, each participant shall receive an
21appropriation in an amount equal to 65% of its fiscal year 2008
22eligible operating expenses adjusted by the annual 10% increase
23required by Section 2-2.04 of this Act. In no case shall any
24participant receive an appropriation that is less than its
25fiscal year 2008 appropriation. Every fiscal year thereafter,
26each participant's appropriation shall increase by 10% over the

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1appropriation established for the preceding fiscal year as
2required by Section 2-2.04 of this Act.
3 (b-15) Beginning on July 1, 2007, and for each fiscal year
4thereafter, each participant shall maintain a minimum local
5share contribution (from farebox and all other local revenues)
6equal to the actual amount provided in Fiscal Year 2006 or, for
7new recipients, an amount equivalent to the local share
8provided in the first year of participation. The local share
9contribution shall be reduced by an amount equal to the total
10amount of lost revenue for services provided under Section
112-15.2 and Section 2-15.3 of this Act.
12 (b-20) Any participant in the Downstate Public
13Transportation Fund may use State operating assistance
14pursuant to this Section to provide transportation services
15within any county that is contiguous to its territorial
16boundaries as defined by the Department and subject to
17Departmental approval. Any such contiguous-area service
18provided by a participant after July 1, 2007 must meet the
19requirements of subsection (a) of Section 2-5.1.
20 (c) No later than 180 days following the last day of the
21Fiscal Year each participant shall provide the Department with
22an audit prepared by a Certified Public Accountant covering
23that Fiscal Year. For those participants other than a
24Metro-East Transit District, any discrepancy between the
25grants paid and the percentage of the eligible operating
26expenses provided for by paragraph (b) of this Section shall be

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1reconciled by appropriate payment or credit. In the case of any
2Metro-East Transit District, any amount of payments from the
3Metro-East Public Transportation Fund which exceed the
4eligible deficit of the participant shall be reconciled by
5appropriate payment or credit.
6(Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08;
795-906, eff. 8-26-08.)
8 (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
9 Sec. 2-15. Residual fund balance.
10 (a) Except as otherwise provided in this Section, all funds
11which remain in the Downstate Public Transportation Fund or the
12Metro-East Public Transportation Fund after the payment of the
13fourth quarterly payment to participants other than Metro-East
14Transit District participants and the last monthly payment to
15Metro-East Transit participants in each fiscal year shall be
16transferred (i) to the General Revenue Fund through fiscal year
172008, and (ii) to the Downstate Transit Improvement Fund for
18fiscal year 2009, and (iii) to the General Revenue Fund for
19fiscal year 2018 and each fiscal year thereafter. Transfers
20shall be made no later than 90 days following the end of such
21fiscal year. Beginning fiscal year 2010, all moneys each year
22in the Downstate Transit Improvement Fund, held solely for the
23benefit of the participants in the Downstate Public
24Transportation Fund and shall be appropriated to the Department
25to make competitive capital grants to the participants of the

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1respective funds. However, such amount as the Department
2determines to be necessary for (1) allocation to participants
3for the purposes of Section 2-7 for the first quarter of the
4succeeding fiscal year and (2) an amount equal to 2% of the
5total allocations to participants in the fiscal year just ended
6to be used for the purpose of audit adjustments shall be
7retained in such Funds to be used by the Department for such
8purposes.
9 (b) Notwithstanding any other provision of law, in addition
10to any other transfers that may be provided by law, on July 1,
112011, or as soon thereafter as practical, the State Comptroller
12shall direct and the State Treasurer shall transfer the
13remaining balance from the Metro East Public Transportation
14Fund into the General Revenue Fund. Upon completion of the
15transfers, the Metro East Public Transportation Fund is
16dissolved, and any future deposits due to that Fund and any
17outstanding obligations or liabilities of that Fund pass to the
18General Revenue Fund.
19(Source: P.A. 97-72, eff. 7-1-11.)
20 Section 5-40. The Illinois Income Tax Act is amended by
21changing Section 901 as follows:
22 (35 ILCS 5/901) (from Ch. 120, par. 9-901)
23 Sec. 901. Collection authority.
24 (a) In general.

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1 The Department shall collect the taxes imposed by this Act.
2The Department shall collect certified past due child support
3amounts under Section 2505-650 of the Department of Revenue Law
4(20 ILCS 2505/2505-650). Except as provided in subsections (b),
5(c), (e), (f), (g), and (h) of this Section, money collected
6pursuant to subsections (a) and (b) of Section 201 of this Act
7shall be paid into the General Revenue Fund in the State
8treasury; money collected pursuant to subsections (c) and (d)
9of Section 201 of this Act shall be paid into the Personal
10Property Tax Replacement Fund, a special fund in the State
11Treasury; and money collected under Section 2505-650 of the
12Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
13into the Child Support Enforcement Trust Fund, a special fund
14outside the State Treasury, or to the State Disbursement Unit
15established under Section 10-26 of the Illinois Public Aid
16Code, as directed by the Department of Healthcare and Family
17Services.
18 (b) Local Government Distributive Fund.
19 Beginning August 1, 1969, and continuing through June 30,
201994, the Treasurer shall transfer each month from the General
21Revenue Fund to a special fund in the State treasury, to be
22known as the "Local Government Distributive Fund", an amount
23equal to 1/12 of the net revenue realized from the tax imposed
24by subsections (a) and (b) of Section 201 of this Act during
25the preceding month. Beginning July 1, 1994, and continuing
26through June 30, 1995, the Treasurer shall transfer each month

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1from the General Revenue Fund to the Local Government
2Distributive Fund an amount equal to 1/11 of the net revenue
3realized from the tax imposed by subsections (a) and (b) of
4Section 201 of this Act during the preceding month. Beginning
5July 1, 1995 and continuing through January 31, 2011, the
6Treasurer shall transfer each month from the General Revenue
7Fund to the Local Government Distributive Fund an amount equal
8to the net of (i) 1/10 of the net revenue realized from the tax
9imposed by subsections (a) and (b) of Section 201 of the
10Illinois Income Tax Act during the preceding month (ii) minus,
11beginning July 1, 2003 and ending June 30, 2004, $6,666,666,
12and beginning July 1, 2004, zero. Beginning February 1, 2011,
13and continuing through January 31, 2015, the Treasurer shall
14transfer each month from the General Revenue Fund to the Local
15Government Distributive Fund an amount equal to the sum of (i)
166% (10% of the ratio of the 3% individual income tax rate prior
17to 2011 to the 5% individual income tax rate after 2010) of the
18net revenue realized from the tax imposed by subsections (a)
19and (b) of Section 201 of this Act upon individuals, trusts,
20and estates during the preceding month and (ii) 6.86% (10% of
21the ratio of the 4.8% corporate income tax rate prior to 2011
22to the 7% corporate income tax rate after 2010) of the net
23revenue realized from the tax imposed by subsections (a) and
24(b) of Section 201 of this Act upon corporations during the
25preceding month. Beginning February 1, 2015 and continuing
26through June 30, 2017 January 31, 2025, the Treasurer shall

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1transfer each month from the General Revenue Fund to the Local
2Government Distributive Fund an amount equal to the sum of (i)
38% (10% of the ratio of the 3% individual income tax rate prior
4to 2011 to the 3.75% individual income tax rate after 2014) of
5the net revenue realized from the tax imposed by subsections
6(a) and (b) of Section 201 of this Act upon individuals,
7trusts, and estates during the preceding month and (ii) 9.14%
8(10% of the ratio of the 4.8% corporate income tax rate prior
9to 2011 to the 5.25% corporate income tax rate after 2014) of
10the net revenue realized from the tax imposed by subsections
11(a) and (b) of Section 201 of this Act upon corporations during
12the preceding month. Beginning February 1, 2025, the Treasurer
13shall transfer each month from the General Revenue Fund to the
14Local Government Distributive Fund an amount equal to the sum
15of (i) 9.23% (10% of the ratio of the 3% individual income tax
16rate prior to 2011 to the 3.25% individual income tax rate
17after 2024) of the net revenue realized from the tax imposed by
18subsections (a) and (b) of Section 201 of this Act upon
19individuals, trusts, and estates during the preceding month and
20(ii) 10% of the net revenue realized from the tax imposed by
21subsections (a) and (b) of Section 201 of this Act upon
22corporations during the preceding month. Net revenue realized
23for a month shall be defined as the revenue from the tax
24imposed by subsections (a) and (b) of Section 201 of this Act
25which is deposited in the General Revenue Fund, the Education
26Assistance Fund, the Income Tax Surcharge Local Government

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1Distributive Fund, the Fund for the Advancement of Education,
2and the Commitment to Human Services Fund during the month
3minus the amount paid out of the General Revenue Fund in State
4warrants during that same month as refunds to taxpayers for
5overpayment of liability under the tax imposed by subsections
6(a) and (b) of Section 201 of this Act.
7 Beginning on August 26, 2014 (the effective date of Public
8Act 98-1052), the Comptroller shall perform the transfers
9required by this subsection (b) no later than 60 days after he
10or she receives the certification from the Treasurer as
11provided in Section 1 of the State Revenue Sharing Act.
12 Beginning July 1, 2017 through June 30, 2021, of the
13amounts collected pursuant to subsections (a) and (b) of
14Section 201 of this Act, minus deposits into the Income Tax
15Refund Fund, the Department shall deposit into the Local
16Government Distributive Fund the sum of (i) 5.45% (9.0% of the
17ratio of the 3% income tax rate imposed on individuals, trusts
18and estates prior to 2011 to the 4.95% individual income tax
19rate beginning in 2017) of the amount collected from the tax
20imposed by subsections (a) and (b) of Section 201 of this Act
21upon individuals, trusts and estates plus (ii) 6.17% (9.0% of
22the ratio of the 4.8% corporate income tax rate prior to 2011
23to the 7% corporate income tax rate beginning in 2017) of the
24amount collected from the tax imposed by subsections (a) and
25(b) of Section 201 of this Act upon corporations.
26 Beginning July 1, 2021 and thereafter, of the amounts

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1collected pursuant to subsections (a) and (b) of Section 201 of
2this Act, minus deposits into the Income Tax Refund Fund, the
3Department shall deposit into the Local Government
4Distributive Fund the sum of (i) 7.2% (9.0% of the ratio of the
53% income tax rate imposed on individuals, trusts and estates
6prior to 2011 to the 3.75% individual income tax rate beginning
7in 2022) of the amount collected from the tax imposed by
8subsections (a) and (b) of Section 201 of this Act upon
9individuals, trusts and estates plus (ii) 8.3% (9.0% of the
10ratio of the 4.8% corporate income tax rate prior to 2011 to
11the 5.2% corporate income tax rate beginning in 2022) of the
12amount collected from the tax imposed by subsections (a) and
13(b) of Section 201 of this Act upon corporations.
14 (c) Deposits Into Income Tax Refund Fund.
15 (1) Beginning on January 1, 1989 and thereafter, the
16 Department shall deposit a percentage of the amounts
17 collected pursuant to subsections (a) and (b)(1), (2), and
18 (3), of Section 201 of this Act into a fund in the State
19 treasury known as the Income Tax Refund Fund. The
20 Department shall deposit 6% of such amounts during the
21 period beginning January 1, 1989 and ending on June 30,
22 1989. Beginning with State fiscal year 1990 and for each
23 fiscal year thereafter, the percentage deposited into the
24 Income Tax Refund Fund during a fiscal year shall be the
25 Annual Percentage. For fiscal years 1999 through 2001, the
26 Annual Percentage shall be 7.1%. For fiscal year 2003, the

SB2217- 178 -LRB100 13147 JWD 27539 b
1 Annual Percentage shall be 8%. For fiscal year 2004, the
2 Annual Percentage shall be 11.7%. Upon the effective date
3 of this amendatory Act of the 93rd General Assembly, the
4 Annual Percentage shall be 10% for fiscal year 2005. For
5 fiscal year 2006, the Annual Percentage shall be 9.75%. For
6 fiscal year 2007, the Annual Percentage shall be 9.75%. For
7 fiscal year 2008, the Annual Percentage shall be 7.75%. For
8 fiscal year 2009, the Annual Percentage shall be 9.75%. For
9 fiscal year 2010, the Annual Percentage shall be 9.75%. For
10 fiscal year 2011, the Annual Percentage shall be 8.75%. For
11 fiscal year 2012, the Annual Percentage shall be 8.75%. For
12 fiscal year 2013, the Annual Percentage shall be 9.75%. For
13 fiscal year 2014, the Annual Percentage shall be 9.5%. For
14 fiscal year 2015, the Annual Percentage shall be 10%. For
15 fiscal year 2018, the Annual Percentage shall be 9.8%. For
16 all other fiscal years, the Annual Percentage shall be
17 calculated as a fraction, the numerator of which shall be
18 the amount of refunds approved for payment by the
19 Department during the preceding fiscal year as a result of
20 overpayment of tax liability under subsections (a) and
21 (b)(1), (2), and (3) of Section 201 of this Act plus the
22 amount of such refunds remaining approved but unpaid at the
23 end of the preceding fiscal year, minus the amounts
24 transferred into the Income Tax Refund Fund from the
25 Tobacco Settlement Recovery Fund, and the denominator of
26 which shall be the amounts which will be collected pursuant

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1 to subsections (a) and (b)(1), (2), and (3) of Section 201
2 of this Act during the preceding fiscal year; except that
3 in State fiscal year 2002, the Annual Percentage shall in
4 no event exceed 7.6%. The Director of Revenue shall certify
5 the Annual Percentage to the Comptroller on the last
6 business day of the fiscal year immediately preceding the
7 fiscal year for which it is to be effective.
8 (2) Beginning on January 1, 1989 and thereafter, the
9 Department shall deposit a percentage of the amounts
10 collected pursuant to subsections (a) and (b)(6), (7), and
11 (8), (c) and (d) of Section 201 of this Act into a fund in
12 the State treasury known as the Income Tax Refund Fund. The
13 Department shall deposit 18% of such amounts during the
14 period beginning January 1, 1989 and ending on June 30,
15 1989. Beginning with State fiscal year 1990 and for each
16 fiscal year thereafter, the percentage deposited into the
17 Income Tax Refund Fund during a fiscal year shall be the
18 Annual Percentage. For fiscal years 1999, 2000, and 2001,
19 the Annual Percentage shall be 19%. For fiscal year 2003,
20 the Annual Percentage shall be 27%. For fiscal year 2004,
21 the Annual Percentage shall be 32%. Upon the effective date
22 of this amendatory Act of the 93rd General Assembly, the
23 Annual Percentage shall be 24% for fiscal year 2005. For
24 fiscal year 2006, the Annual Percentage shall be 20%. For
25 fiscal year 2007, the Annual Percentage shall be 17.5%. For
26 fiscal year 2008, the Annual Percentage shall be 15.5%. For

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1 fiscal year 2009, the Annual Percentage shall be 17.5%. For
2 fiscal year 2010, the Annual Percentage shall be 17.5%. For
3 fiscal year 2011, the Annual Percentage shall be 17.5%. For
4 fiscal year 2012, the Annual Percentage shall be 17.5%. For
5 fiscal year 2013, the Annual Percentage shall be 14%. For
6 fiscal year 2014, the Annual Percentage shall be 13.4%. For
7 fiscal year 2015, the Annual Percentage shall be 14%. For
8 fiscal year 2018, the Annual Percentage shall be 17.5%. For
9 all other fiscal years, the Annual Percentage shall be
10 calculated as a fraction, the numerator of which shall be
11 the amount of refunds approved for payment by the
12 Department during the preceding fiscal year as a result of
13 overpayment of tax liability under subsections (a) and
14 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
15 Act plus the amount of such refunds remaining approved but
16 unpaid at the end of the preceding fiscal year, and the
17 denominator of which shall be the amounts which will be
18 collected pursuant to subsections (a) and (b)(6), (7), and
19 (8), (c) and (d) of Section 201 of this Act during the
20 preceding fiscal year; except that in State fiscal year
21 2002, the Annual Percentage shall in no event exceed 23%.
22 The Director of Revenue shall certify the Annual Percentage
23 to the Comptroller on the last business day of the fiscal
24 year immediately preceding the fiscal year for which it is
25 to be effective.
26 (3) The Comptroller shall order transferred and the

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

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

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1 less refunds resulting from the earned income tax credit.
2 (5) This Act shall constitute an irrevocable and
3 continuing appropriation from the Income Tax Refund Fund
4 for the purpose of paying refunds upon the order of the
5 Director in accordance with the provisions of this Section.
6 (e) Deposits into the Education Assistance Fund and the
7Income Tax Surcharge Local Government Distributive Fund.
8 On July 1, 1991, and thereafter, of the amounts collected
9pursuant to subsections (a) and (b) of Section 201 of this Act,
10minus deposits into the Income Tax Refund Fund, the Department
11shall deposit 7.3% into the Education Assistance Fund in the
12State Treasury. Beginning July 1, 1991, and continuing through
13January 31, 1993, of the amounts collected pursuant to
14subsections (a) and (b) of Section 201 of the Illinois Income
15Tax Act, minus deposits into the Income Tax Refund Fund, the
16Department shall deposit 3.0% into the Income Tax Surcharge
17Local Government Distributive Fund in the State Treasury.
18Beginning February 1, 1993 and continuing through June 30,
191993, of the amounts collected pursuant to subsections (a) and
20(b) of Section 201 of the Illinois Income Tax Act, minus
21deposits into the Income Tax Refund Fund, the Department shall
22deposit 4.4% into the Income Tax Surcharge Local Government
23Distributive Fund in the State Treasury. Beginning July 1,
241993, and continuing through June 30, 1994, of the amounts
25collected under subsections (a) and (b) of Section 201 of this
26Act, minus deposits into the Income Tax Refund Fund, the

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

SB2217- 185 -LRB100 13147 JWD 27539 b
1 If the rate of tax imposed by subsection (a) and (b) of
2Section 201 is reduced pursuant to Section 201.5 of this Act,
3the Department shall not make the deposits required by this
4subsection (g) on or after the effective date of the reduction.
5 (h) Deposits into the Tax Compliance and Administration
6Fund. Beginning on the first day of the first calendar month to
7occur on or after August 26, 2014 (the effective date of Public
8Act 98-1098), each month the Department shall pay into the Tax
9Compliance and Administration Fund, to be used, subject to
10appropriation, to fund additional auditors and compliance
11personnel at the Department, an amount equal to 1/12 of 5% of
12the cash receipts collected during the preceding fiscal year by
13the Audit Bureau of the Department from the tax imposed by
14subsections (a), (b), (c), and (d) of Section 201 of this Act,
15net of deposits into the Income Tax Refund Fund made from those
16cash receipts.
17(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
1898-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.
197-20-15.)
20 Section 5-45. The School Code is amended by changing
21Section 18-8.05 as follows:
22 (105 ILCS 5/18-8.05)
23 Sec. 18-8.05. Basis for apportionment of general State
24financial aid and supplemental general State aid to the common

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

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

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

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1 connection therewith", certified August 14, 1979, as
2 amended (Public Act 81-1st S.S.-1).
3 (d) "Foundation Level": A prescribed level of per pupil
4 financial support as provided for in subsection (B).
5 (e) "Operating Tax Rate": All school district property
6 taxes extended for all purposes, except Bond and Interest,
7 Summer School, Rent, Capital Improvement, and Vocational
8 Education Building purposes.
9(B) Foundation Level.
10 (1) The Foundation Level is a figure established by the
11State representing the minimum level of per pupil financial
12support that should be available to provide for the basic
13education of each pupil in Average Daily Attendance. As set
14forth in this Section, each school district is assumed to exert
15a sufficient local taxing effort such that, in combination with
16the aggregate of general State financial aid provided the
17district, an aggregate of State and local resources are
18available to meet the basic education needs of pupils in the
19district.
20 (2) For the 1998-1999 school year, the Foundation Level of
21support is $4,225. For the 1999-2000 school year, the
22Foundation Level of support is $4,325. For the 2000-2001 school
23year, the Foundation Level of support is $4,425. For the
242001-2002 school year and 2002-2003 school year, the Foundation
25Level of support is $4,560. For the 2003-2004 school year, the

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1Foundation Level of support is $4,810. For the 2004-2005 school
2year, the Foundation Level of support is $4,964. For the
32005-2006 school year, the Foundation Level of support is
4$5,164. For the 2006-2007 school year, the Foundation Level of
5support is $5,334. For the 2007-2008 school year, the
6Foundation Level of support is $5,734. For the 2008-2009 school
7year, the Foundation Level of support is $5,959.
8 (3) For the 2009-2010 school year and each school year
9thereafter, the Foundation Level of support is $6,119 or such
10greater amount as may be established by law by the General
11Assembly.
12(C) Average Daily Attendance.
13 (1) For purposes of calculating general State aid pursuant
14to subsection (E), an Average Daily Attendance figure shall be
15utilized. The Average Daily Attendance figure for formula
16calculation purposes shall be the monthly average of the actual
17number of pupils in attendance of each school district, as
18further averaged for the best 3 months of pupil attendance for
19each school district. In compiling the figures for the number
20of pupils in attendance, school districts and the State Board
21of Education shall, for purposes of general State aid funding,
22conform attendance figures to the requirements of subsection
23(F).
24 (2) The Average Daily Attendance figures utilized in
25subsection (E) shall be the requisite attendance data for the

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

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1through 12, local property tax revenues per pupil shall be
2calculated as the product of the applicable equalized assessed
3valuation for the district multiplied by 3.00%, and divided by
4the district's Average Daily Attendance figure. For school
5districts maintaining grades kindergarten through 8, local
6property tax revenues per pupil shall be calculated as the
7product of the applicable equalized assessed valuation for the
8district multiplied by 2.30%, and divided by the district's
9Average Daily Attendance figure. For school districts
10maintaining grades 9 through 12, local property tax revenues
11per pupil shall be the applicable equalized assessed valuation
12of the district multiplied by 1.05%, and divided by the
13district's Average Daily Attendance figure.
14 For partial elementary unit districts created pursuant to
15Article 11E of this Code, local property tax revenues per pupil
16shall be calculated as the product of the equalized assessed
17valuation for property within the partial elementary unit
18district for elementary purposes, as defined in Article 11E of
19this Code, multiplied by 2.06% and divided by the district's
20Average Daily Attendance figure, plus the product of the
21equalized assessed valuation for property within the partial
22elementary unit district for high school purposes, as defined
23in Article 11E of this Code, multiplied by 0.94% and divided by
24the district's Average Daily Attendance figure.
25 (4) The Corporate Personal Property Replacement Taxes paid
26to each school district during the calendar year one year

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1before the calendar year in which a school year begins, divided
2by the Average Daily Attendance figure for that district, shall
3be added to the local property tax revenues per pupil as
4derived by the application of the immediately preceding
5paragraph (3). The sum of these per pupil figures for each
6school district shall constitute Available Local Resources as
7that term is utilized in subsection (E) in the calculation of
8general State aid.
9(E) Computation of General State Aid.
10 (1) For each school year, the amount of general State aid
11allotted to a school district shall be computed by the State
12Board of Education as provided in this subsection.
13 (2) For any school district for which Available Local
14Resources per pupil is less than the product of 0.93 times the
15Foundation Level, general State aid for that district shall be
16calculated as an amount equal to the Foundation Level minus
17Available Local Resources, multiplied by the Average Daily
18Attendance of the school district.
19 (3) For any school district for which Available Local
20Resources per pupil is equal to or greater than the product of
210.93 times the Foundation Level and less than the product of
221.75 times the Foundation Level, the general State aid per
23pupil shall be a decimal proportion of the Foundation Level
24derived using a linear algorithm. Under this linear algorithm,
25the calculated general State aid per pupil shall decline in

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1direct linear fashion from 0.07 times the Foundation Level for
2a school district with Available Local Resources equal to the
3product of 0.93 times the Foundation Level, to 0.05 times the
4Foundation Level for a school district with Available Local
5Resources equal to the product of 1.75 times the Foundation
6Level. The allocation of general State aid for school districts
7subject to this paragraph 3 shall be the calculated general
8State aid per pupil figure multiplied by the Average Daily
9Attendance of the school district.
10 (4) For any school district for which Available Local
11Resources per pupil equals or exceeds the product of 1.75 times
12the Foundation Level, the general State aid for the school
13district shall be calculated as the product of $218 multiplied
14by the Average Daily Attendance of the school district.
15 (5) The amount of general State aid allocated to a school
16district for the 1999-2000 school year meeting the requirements
17set forth in paragraph (4) of subsection (G) shall be increased
18by an amount equal to the general State aid that would have
19been received by the district for the 1998-1999 school year by
20utilizing the Extension Limitation Equalized Assessed
21Valuation as calculated in paragraph (4) of subsection (G) less
22the general State aid allotted for the 1998-1999 school year.
23This amount shall be deemed a one time increase, and shall not
24affect any future general State aid allocations.
25(F) Compilation of Average Daily Attendance.

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

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1 daily attendance for the year-round buildings shall be
2 multiplied by the days in session for the non-year-round
3 buildings for each month and added to the monthly
4 attendance of the non-year-round buildings.
5 Except as otherwise provided in this Section, days of
6attendance by pupils shall be counted only for sessions of not
7less than 5 clock hours of school work per day under direct
8supervision of: (i) teachers, or (ii) non-teaching personnel or
9volunteer personnel when engaging in non-teaching duties and
10supervising in those instances specified in subsection (a) of
11Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
12of legal school age and in kindergarten and grades 1 through
1312. Days of attendance by pupils through verified participation
14in an e-learning program approved by the State Board of
15Education under Section 10-20.56 of the Code shall be
16considered as full days of attendance for purposes of this
17Section.
18 Days of attendance by tuition pupils shall be accredited
19only to the districts that pay the tuition to a recognized
20school.
21 (2) Days of attendance by pupils of less than 5 clock hours
22of school shall be subject to the following provisions in the
23compilation of Average Daily Attendance.
24 (a) Pupils regularly enrolled in a public school for
25 only a part of the school day may be counted on the basis
26 of 1/6 day for every class hour of instruction of 40

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1 minutes or more attended pursuant to such enrollment,
2 unless a pupil is enrolled in a block-schedule format of 80
3 minutes or more of instruction, in which case the pupil may
4 be counted on the basis of the proportion of minutes of
5 school work completed each day to the minimum number of
6 minutes that school work is required to be held that day.
7 (b) (Blank).
8 (c) A session of 4 or more clock hours may be counted
9 as a day of attendance upon certification by the regional
10 superintendent, and approved by the State Superintendent
11 of Education to the extent that the district has been
12 forced to use daily multiple sessions.
13 (d) A session of 3 or more clock hours may be counted
14 as a day of attendance (1) when the remainder of the school
15 day or at least 2 hours in the evening of that day is
16 utilized for an in-service training program for teachers,
17 up to a maximum of 5 days per school year, provided a
18 district conducts an in-service training program for
19 teachers in accordance with Section 10-22.39 of this Code;
20 or, in lieu of 4 such days, 2 full days may be used, in
21 which event each such day may be counted as a day required
22 for a legal school calendar pursuant to Section 10-19 of
23 this Code; (1.5) when, of the 5 days allowed under item
24 (1), a maximum of 4 days are used for parent-teacher
25 conferences, or, in lieu of 4 such days, 2 full days are
26 used, in which case each such day may be counted as a

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

SB2217- 199 -LRB100 13147 JWD 27539 b
1 by which such sessions of 3 or more clock hours fall short
2 of 5 clock hours. Any full days used for the purposes of
3 this paragraph shall not be considered for computing
4 average daily attendance. Days scheduled for in-service
5 training programs, staff development activities, or
6 parent-teacher conferences may be scheduled separately for
7 different grade levels and different attendance centers of
8 the district.
9 (e) A session of not less than one clock hour of
10 teaching hospitalized or homebound pupils on-site or by
11 telephone to the classroom may be counted as 1/2 day of
12 attendance, however these pupils must receive 4 or more
13 clock hours of instruction to be counted for a full day of
14 attendance.
15 (f) A session of at least 4 clock hours may be counted
16 as a day of attendance for first grade pupils, and pupils
17 in full day kindergartens, and a session of 2 or more hours
18 may be counted as 1/2 day of attendance by pupils in
19 kindergartens which provide only 1/2 day of attendance.
20 (g) For children with disabilities who are below the
21 age of 6 years and who cannot attend 2 or more clock hours
22 because of their disability or immaturity, a session of not
23 less than one clock hour may be counted as 1/2 day of
24 attendance; however for such children whose educational
25 needs so require a session of 4 or more clock hours may be
26 counted as a full day of attendance.

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1 (h) A recognized kindergarten which provides for only
2 1/2 day of attendance by each pupil shall not have more
3 than 1/2 day of attendance counted in any one day. However,
4 kindergartens may count 2 1/2 days of attendance in any 5
5 consecutive school days. When a pupil attends such a
6 kindergarten for 2 half days on any one school day, the
7 pupil shall have the following day as a day absent from
8 school, unless the school district obtains permission in
9 writing from the State Superintendent of Education.
10 Attendance at kindergartens which provide for a full day of
11 attendance by each pupil shall be counted the same as
12 attendance by first grade pupils. Only the first year of
13 attendance in one kindergarten shall be counted, except in
14 case of children who entered the kindergarten in their
15 fifth year whose educational development requires a second
16 year of kindergarten as determined under the rules and
17 regulations of the State Board of Education.
18 (i) On the days when the assessment that includes a
19 college and career ready determination is administered
20 under subsection (c) of Section 2-3.64a-5 of this Code, the
21 day of attendance for a pupil whose school day must be
22 shortened to accommodate required testing procedures may
23 be less than 5 clock hours and shall be counted towards the
24 176 days of actual pupil attendance required under Section
25 10-19 of this Code, provided that a sufficient number of
26 minutes of school work in excess of 5 clock hours are first

SB2217- 201 -LRB100 13147 JWD 27539 b
1 completed on other school days to compensate for the loss
2 of school work on the examination days.
3 (j) Pupils enrolled in a remote educational program
4 established under Section 10-29 of this Code may be counted
5 on the basis of one-fifth day of attendance for every clock
6 hour of instruction attended in the remote educational
7 program, provided that, in any month, the school district
8 may not claim for a student enrolled in a remote
9 educational program more days of attendance than the
10 maximum number of days of attendance the district can claim
11 (i) for students enrolled in a building holding year-round
12 classes if the student is classified as participating in
13 the remote educational program on a year-round schedule or
14 (ii) for students enrolled in a building not holding
15 year-round classes if the student is not classified as
16 participating in the remote educational program on a
17 year-round schedule.
18(G) Equalized Assessed Valuation Data.
19 (1) For purposes of the calculation of Available Local
20Resources required pursuant to subsection (D), the State Board
21of Education shall secure from the Department of Revenue the
22value as equalized or assessed by the Department of Revenue of
23all taxable property of every school district, together with
24(i) the applicable tax rate used in extending taxes for the
25funds of the district as of September 30 of the previous year

SB2217- 202 -LRB100 13147 JWD 27539 b
1and (ii) the limiting rate for all school districts subject to
2property tax extension limitations as imposed under the
3Property Tax Extension Limitation Law.
4 The Department of Revenue shall add to the equalized
5assessed value of all taxable property of each school district
6situated entirely or partially within a county that is or was
7subject to the provisions of Section 15-176 or 15-177 of the
8Property Tax Code (a) an amount equal to the total amount by
9which the homestead exemption allowed under Section 15-176 or
1015-177 of the Property Tax Code for real property situated in
11that school district exceeds the total amount that would have
12been allowed in that school district if the maximum reduction
13under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
14all other counties in tax year 2003 or (ii) $5,000 in all
15counties in tax year 2004 and thereafter and (b) an amount
16equal to the aggregate amount for the taxable year of all
17additional exemptions under Section 15-175 of the Property Tax
18Code for owners with a household income of $30,000 or less. The
19county clerk of any county that is or was subject to the
20provisions of Section 15-176 or 15-177 of the Property Tax Code
21shall annually calculate and certify to the Department of
22Revenue for each school district all homestead exemption
23amounts under Section 15-176 or 15-177 of the Property Tax Code
24and all amounts of additional exemptions under Section 15-175
25of the Property Tax Code for owners with a household income of
26$30,000 or less. It is the intent of this paragraph that if the

SB2217- 203 -LRB100 13147 JWD 27539 b
1general homestead exemption for a parcel of property is
2determined under Section 15-176 or 15-177 of the Property Tax
3Code rather than Section 15-175, then the calculation of
4Available Local Resources shall not be affected by the
5difference, if any, between the amount of the general homestead
6exemption allowed for that parcel of property under Section
715-176 or 15-177 of the Property Tax Code and the amount that
8would have been allowed had the general homestead exemption for
9that parcel of property been determined under Section 15-175 of
10the Property Tax Code. It is further the intent of this
11paragraph that if additional exemptions are allowed under
12Section 15-175 of the Property Tax Code for owners with a
13household income of less than $30,000, then the calculation of
14Available Local Resources shall not be affected by the
15difference, if any, because of those additional exemptions.
16 This equalized assessed valuation, as adjusted further by
17the requirements of this subsection, shall be utilized in the
18calculation of Available Local Resources.
19 (2) The equalized assessed valuation in paragraph (1) shall
20be adjusted, as applicable, in the following manner:
21 (a) For the purposes of calculating State aid under
22 this Section, with respect to any part of a school district
23 within a redevelopment project area in respect to which a
24 municipality has adopted tax increment allocation
25 financing pursuant to the Tax Increment Allocation
26 Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11

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1 of the Illinois Municipal Code or the Industrial Jobs
2 Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
3 Illinois Municipal Code, no part of the current equalized
4 assessed valuation of real property located in any such
5 project area which is attributable to an increase above the
6 total initial equalized assessed valuation of such
7 property shall be used as part of the equalized assessed
8 valuation of the district, until such time as all
9 redevelopment project costs have been paid, as provided in
10 Section 11-74.4-8 of the Tax Increment Allocation
11 Redevelopment Act or in Section 11-74.6-35 of the
12 Industrial Jobs Recovery Law. For the purpose of the
13 equalized assessed valuation of the district, the total
14 initial equalized assessed valuation or the current
15 equalized assessed valuation, whichever is lower, shall be
16 used until such time as all redevelopment project costs
17 have been paid.
18 (b) The real property equalized assessed valuation for
19 a school district shall be adjusted by subtracting from the
20 real property value as equalized or assessed by the
21 Department of Revenue for the district an amount computed
22 by dividing the amount of any abatement of taxes under
23 Section 18-170 of the Property Tax Code by 3.00% for a
24 district maintaining grades kindergarten through 12, by
25 2.30% for a district maintaining grades kindergarten
26 through 8, or by 1.05% for a district maintaining grades 9

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1 through 12 and adjusted by an amount computed by dividing
2 the amount of any abatement of taxes under subsection (a)
3 of Section 18-165 of the Property Tax Code by the same
4 percentage rates for district type as specified in this
5 subparagraph (b).
6 (3) For the 1999-2000 school year and each school year
7thereafter, if a school district meets all of the criteria of
8this subsection (G)(3), the school district's Available Local
9Resources shall be calculated under subsection (D) using the
10district's Extension Limitation Equalized Assessed Valuation
11as calculated under this subsection (G)(3).
12 For purposes of this subsection (G)(3) the following terms
13shall have the following meanings:
14 "Budget Year": The school year for which general State
15 aid is calculated and awarded under subsection (E).
16 "Base Tax Year": The property tax levy year used to
17 calculate the Budget Year allocation of general State aid.
18 "Preceding Tax Year": The property tax levy year
19 immediately preceding the Base Tax Year.
20 "Base Tax Year's Tax Extension": The product of the
21 equalized assessed valuation utilized by the County Clerk
22 in the Base Tax Year multiplied by the limiting rate as
23 calculated by the County Clerk and defined in the Property
24 Tax Extension Limitation Law.
25 "Preceding Tax Year's Tax Extension": The product of
26 the equalized assessed valuation utilized by the County

SB2217- 206 -LRB100 13147 JWD 27539 b
1 Clerk in the Preceding Tax Year multiplied by the Operating
2 Tax Rate as defined in subsection (A).
3 "Extension Limitation Ratio": A numerical ratio,
4 certified by the County Clerk, in which the numerator is
5 the Base Tax Year's Tax Extension and the denominator is
6 the Preceding Tax Year's Tax Extension.
7 "Operating Tax Rate": The operating tax rate as defined
8 in subsection (A).
9 If a school district is subject to property tax extension
10limitations as imposed under the Property Tax Extension
11Limitation Law, the State Board of Education shall calculate
12the Extension Limitation Equalized Assessed Valuation of that
13district. For the 1999-2000 school year, the Extension
14Limitation Equalized Assessed Valuation of a school district as
15calculated by the State Board of Education shall be equal to
16the product of the district's 1996 Equalized Assessed Valuation
17and the district's Extension Limitation Ratio. Except as
18otherwise provided in this paragraph for a school district that
19has approved or does approve an increase in its limiting rate,
20for the 2000-2001 school year and each school year thereafter,
21the Extension Limitation Equalized Assessed Valuation of a
22school district as calculated by the State Board of Education
23shall be equal to the product of the Equalized Assessed
24Valuation last used in the calculation of general State aid and
25the district's Extension Limitation Ratio. If the Extension
26Limitation Equalized Assessed Valuation of a school district as

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

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1adjustment in this subsection (G)(3) until the fifth year
2following the effective date of the reorganization.
3 (3.5) For the 2010-2011 school year and each school year
4thereafter, if a school district's boundaries span multiple
5counties, then the Department of Revenue shall send to the
6State Board of Education, for the purpose of calculating
7general State aid, the limiting rate and individual rates by
8purpose for the county that contains the majority of the school
9district's Equalized Assessed Valuation.
10 (4) For the purposes of calculating general State aid for
11the 1999-2000 school year only, if a school district
12experienced a triennial reassessment on the equalized assessed
13valuation used in calculating its general State financial aid
14apportionment for the 1998-1999 school year, the State Board of
15Education shall calculate the Extension Limitation Equalized
16Assessed Valuation that would have been used to calculate the
17district's 1998-1999 general State aid. This amount shall equal
18the product of the equalized assessed valuation used to
19calculate general State aid for the 1997-1998 school year and
20the district's Extension Limitation Ratio. If the Extension
21Limitation Equalized Assessed Valuation of the school district
22as calculated under this paragraph (4) is less than the
23district's equalized assessed valuation utilized in
24calculating the district's 1998-1999 general State aid
25allocation, then for purposes of calculating the district's
26general State aid pursuant to paragraph (5) of subsection (E),

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1that Extension Limitation Equalized Assessed Valuation shall
2be utilized to calculate the district's Available Local
3Resources.
4 (5) For school districts having a majority of their
5equalized assessed valuation in any county except Cook, DuPage,
6Kane, Lake, McHenry, or Will, if the amount of general State
7aid allocated to the school district for the 1999-2000 school
8year under the provisions of subsection (E), (H), and (J) of
9this Section is less than the amount of general State aid
10allocated to the district for the 1998-1999 school year under
11these subsections, then the general State aid of the district
12for the 1999-2000 school year only shall be increased by the
13difference between these amounts. The total payments made under
14this paragraph (5) shall not exceed $14,000,000. Claims shall
15be prorated if they exceed $14,000,000.
16(H) Supplemental General State Aid.
17 (1) In addition to the general State aid a school district
18is allotted pursuant to subsection (E), qualifying school
19districts shall receive a grant, paid in conjunction with a
20district's payments of general State aid, for supplemental
21general State aid based upon the concentration level of
22children from low-income households within the school
23district. Supplemental State aid grants provided for school
24districts under this subsection shall be appropriated for
25distribution to school districts as part of the same line item

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1in which the general State financial aid of school districts is
2appropriated under this Section.
3 (1.5) This paragraph (1.5) applies only to those school
4years preceding the 2003-2004 school year. For purposes of this
5subsection (H), the term "Low-Income Concentration Level"
6shall be the low-income eligible pupil count from the most
7recently available federal census divided by the Average Daily
8Attendance of the school district. If, however, (i) the
9percentage decrease from the 2 most recent federal censuses in
10the low-income eligible pupil count of a high school district
11with fewer than 400 students exceeds by 75% or more the
12percentage change in the total low-income eligible pupil count
13of contiguous elementary school districts, whose boundaries
14are coterminous with the high school district, or (ii) a high
15school district within 2 counties and serving 5 elementary
16school districts, whose boundaries are coterminous with the
17high school district, has a percentage decrease from the 2 most
18recent federal censuses in the low-income eligible pupil count
19and there is a percentage increase in the total low-income
20eligible pupil count of a majority of the elementary school
21districts in excess of 50% from the 2 most recent federal
22censuses, then the high school district's low-income eligible
23pupil count from the earlier federal census shall be the number
24used as the low-income eligible pupil count for the high school
25district, for purposes of this subsection (H). The changes made
26to this paragraph (1) by Public Act 92-28 shall apply to

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1supplemental general State aid grants for school years
2preceding the 2003-2004 school year that are paid in fiscal
3year 1999 or thereafter and to any State aid payments made in
4fiscal year 1994 through fiscal year 1998 pursuant to
5subsection 1(n) of Section 18-8 of this Code (which was
6repealed on July 1, 1998), and any high school district that is
7affected by Public Act 92-28 is entitled to a recomputation of
8its supplemental general State aid grant or State aid paid in
9any of those fiscal years. This recomputation shall not be
10affected by any other funding.
11 (1.10) This paragraph (1.10) applies to the 2003-2004
12school year and each school year thereafter. For purposes of
13this subsection (H), the term "Low-Income Concentration Level"
14shall, for each fiscal year, be the low-income eligible pupil
15count as of July 1 of the immediately preceding fiscal year (as
16determined by the Department of Human Services based on the
17number of pupils who are eligible for at least one of the
18following low income programs: Medicaid, the Children's Health
19Insurance Program, TANF, or Food Stamps, excluding pupils who
20are eligible for services provided by the Department of
21Children and Family Services, averaged over the 2 immediately
22preceding fiscal years for fiscal year 2004 and over the 3
23immediately preceding fiscal years for each fiscal year
24thereafter) divided by the Average Daily Attendance of the
25school district.
26 (2) Supplemental general State aid pursuant to this

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1subsection (H) shall be provided as follows for the 1998-1999,
21999-2000, and 2000-2001 school years only:
3 (a) For any school district with a Low Income
4 Concentration Level of at least 20% and less than 35%, the
5 grant for any school year shall be $800 multiplied by the
6 low income eligible pupil count.
7 (b) For any school district with a Low Income
8 Concentration Level of at least 35% and less than 50%, the
9 grant for the 1998-1999 school year shall be $1,100
10 multiplied by the low income eligible pupil count.
11 (c) For any school district with a Low Income
12 Concentration Level of at least 50% and less than 60%, the
13 grant for the 1998-99 school year shall be $1,500
14 multiplied by the low income eligible pupil count.
15 (d) For any school district with a Low Income
16 Concentration Level of 60% or more, the grant for the
17 1998-99 school year shall be $1,900 multiplied by the low
18 income eligible pupil count.
19 (e) For the 1999-2000 school year, the per pupil amount
20 specified in subparagraphs (b), (c), and (d) immediately
21 above shall be increased to $1,243, $1,600, and $2,000,
22 respectively.
23 (f) For the 2000-2001 school year, the per pupil
24 amounts specified in subparagraphs (b), (c), and (d)
25 immediately above shall be $1,273, $1,640, and $2,050,
26 respectively.

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1 (2.5) Supplemental general State aid pursuant to this
2subsection (H) shall be provided as follows for the 2002-2003
3school year:
4 (a) For any school district with a Low Income
5 Concentration Level of less than 10%, the grant for each
6 school year shall be $355 multiplied by the low income
7 eligible pupil count.
8 (b) For any school district with a Low Income
9 Concentration Level of at least 10% and less than 20%, the
10 grant for each school year shall be $675 multiplied by the
11 low income eligible pupil count.
12 (c) For any school district with a Low Income
13 Concentration Level of at least 20% and less than 35%, the
14 grant for each school year shall be $1,330 multiplied by
15 the low income eligible pupil count.
16 (d) For any school district with a Low Income
17 Concentration Level of at least 35% and less than 50%, the
18 grant for each school year shall be $1,362 multiplied by
19 the low income eligible pupil count.
20 (e) For any school district with a Low Income
21 Concentration Level of at least 50% and less than 60%, the
22 grant for each school year shall be $1,680 multiplied by
23 the low income eligible pupil count.
24 (f) For any school district with a Low Income
25 Concentration Level of 60% or more, the grant for each
26 school year shall be $2,080 multiplied by the low income

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1 eligible pupil count.
2 (2.10) Except as otherwise provided, supplemental general
3State aid pursuant to this subsection (H) shall be provided as
4follows for the 2003-2004 school year and each school year
5thereafter:
6 (a) For any school district with a Low Income
7 Concentration Level of 15% or less, the grant for each
8 school year shall be $355 multiplied by the low income
9 eligible pupil count.
10 (b) For any school district with a Low Income
11 Concentration Level greater than 15%, the grant for each
12 school year shall be $294.25 added to the product of $2,700
13 and the square of the Low Income Concentration Level, all
14 multiplied by the low income eligible pupil count.
15 For the 2003-2004 school year and each school year
16thereafter through the 2008-2009 school year only, the grant
17shall be no less than the grant for the 2002-2003 school year.
18For the 2009-2010 school year only, the grant shall be no less
19than the grant for the 2002-2003 school year multiplied by
200.66. For the 2010-2011 school year only, the grant shall be no
21less than the grant for the 2002-2003 school year multiplied by
220.33. Notwithstanding the provisions of this paragraph to the
23contrary, if for any school year supplemental general State aid
24grants are prorated as provided in paragraph (1) of this
25subsection (H), then the grants under this paragraph shall be
26prorated.

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1 For the 2003-2004 school year only, the grant shall be no
2greater than the grant received during the 2002-2003 school
3year added to the product of 0.25 multiplied by the difference
4between the grant amount calculated under subsection (a) or (b)
5of this paragraph (2.10), whichever is applicable, and the
6grant received during the 2002-2003 school year. For the
72004-2005 school year only, the grant shall be no greater than
8the grant received during the 2002-2003 school year added to
9the product of 0.50 multiplied by the difference between the
10grant amount calculated under subsection (a) or (b) of this
11paragraph (2.10), whichever is applicable, and the grant
12received during the 2002-2003 school year. For the 2005-2006
13school year only, the grant shall be no greater than the grant
14received during the 2002-2003 school year added to the product
15of 0.75 multiplied by the difference between the grant amount
16calculated under subsection (a) or (b) of this paragraph
17(2.10), whichever is applicable, and the grant received during
18the 2002-2003 school year.
19 (3) School districts with an Average Daily Attendance of
20more than 1,000 and less than 50,000 that qualify for
21supplemental general State aid pursuant to this subsection
22shall submit a plan to the State Board of Education prior to
23October 30 of each year for the use of the funds resulting from
24this grant of supplemental general State aid for the
25improvement of instruction in which priority is given to
26meeting the education needs of disadvantaged children. Such

SB2217- 216 -LRB100 13147 JWD 27539 b
1plan shall be submitted in accordance with rules and
2regulations promulgated by the State Board of Education.
3 (4) School districts with an Average Daily Attendance of
450,000 or more that qualify for supplemental general State aid
5pursuant to this subsection shall be required to distribute
6from funds available pursuant to this Section, no less than
7$261,000,000 in accordance with the following requirements:
8 (a) The required amounts shall be distributed to the
9 attendance centers within the district in proportion to the
10 number of pupils enrolled at each attendance center who are
11 eligible to receive free or reduced-price lunches or
12 breakfasts under the federal Child Nutrition Act of 1966
13 and under the National School Lunch Act during the
14 immediately preceding school year.
15 (b) The distribution of these portions of supplemental
16 and general State aid among attendance centers according to
17 these requirements shall not be compensated for or
18 contravened by adjustments of the total of other funds
19 appropriated to any attendance centers, and the Board of
20 Education shall utilize funding from one or several sources
21 in order to fully implement this provision annually prior
22 to the opening of school.
23 (c) Each attendance center shall be provided by the
24 school district a distribution of noncategorical funds and
25 other categorical funds to which an attendance center is
26 entitled under law in order that the general State aid and

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1 supplemental general State aid provided by application of
2 this subsection supplements rather than supplants the
3 noncategorical funds and other categorical funds provided
4 by the school district to the attendance centers.
5 (d) Any funds made available under this subsection that
6 by reason of the provisions of this subsection are not
7 required to be allocated and provided to attendance centers
8 may be used and appropriated by the board of the district
9 for any lawful school purpose.
10 (e) Funds received by an attendance center pursuant to
11 this subsection shall be used by the attendance center at
12 the discretion of the principal and local school council
13 for programs to improve educational opportunities at
14 qualifying schools through the following programs and
15 services: early childhood education, reduced class size or
16 improved adult to student classroom ratio, enrichment
17 programs, remedial assistance, attendance improvement, and
18 other educationally beneficial expenditures which
19 supplement the regular and basic programs as determined by
20 the State Board of Education. Funds provided shall not be
21 expended for any political or lobbying purposes as defined
22 by board rule.
23 (f) Each district subject to the provisions of this
24 subdivision (H)(4) shall submit an acceptable plan to meet
25 the educational needs of disadvantaged children, in
26 compliance with the requirements of this paragraph, to the

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1 State Board of Education prior to July 15 of each year.
2 This plan shall be consistent with the decisions of local
3 school councils concerning the school expenditure plans
4 developed in accordance with part 4 of Section 34-2.3. The
5 State Board shall approve or reject the plan within 60 days
6 after its submission. If the plan is rejected, the district
7 shall give written notice of intent to modify the plan
8 within 15 days of the notification of rejection and then
9 submit a modified plan within 30 days after the date of the
10 written notice of intent to modify. Districts may amend
11 approved plans pursuant to rules promulgated by the State
12 Board of Education.
13 Upon notification by the State Board of Education that
14 the district has not submitted a plan prior to July 15 or a
15 modified plan within the time period specified herein, the
16 State aid funds affected by that plan or modified plan
17 shall be withheld by the State Board of Education until a
18 plan or modified plan is submitted.
19 If the district fails to distribute State aid to
20 attendance centers in accordance with an approved plan, the
21 plan for the following year shall allocate funds, in
22 addition to the funds otherwise required by this
23 subsection, to those attendance centers which were
24 underfunded during the previous year in amounts equal to
25 such underfunding.
26 For purposes of determining compliance with this

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1 subsection in relation to the requirements of attendance
2 center funding, each district subject to the provisions of
3 this subsection shall submit as a separate document by
4 December 1 of each year a report of expenditure data for
5 the prior year in addition to any modification of its
6 current plan. If it is determined that there has been a
7 failure to comply with the expenditure provisions of this
8 subsection regarding contravention or supplanting, the
9 State Superintendent of Education shall, within 60 days of
10 receipt of the report, notify the district and any affected
11 local school council. The district shall within 45 days of
12 receipt of that notification inform the State
13 Superintendent of Education of the remedial or corrective
14 action to be taken, whether by amendment of the current
15 plan, if feasible, or by adjustment in the plan for the
16 following year. Failure to provide the expenditure report
17 or the notification of remedial or corrective action in a
18 timely manner shall result in a withholding of the affected
19 funds.
20 The State Board of Education shall promulgate rules and
21 regulations to implement the provisions of this
22 subsection. No funds shall be released under this
23 subdivision (H)(4) to any district that has not submitted a
24 plan that has been approved by the State Board of
25 Education.

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1(I) (Blank).
2(J) (Blank).
3(K) Grants to Laboratory and Alternative Schools.
4 In calculating the amount to be paid to the governing board
5of a public university that operates a laboratory school under
6this Section or to any alternative school that is operated by a
7regional superintendent of schools, the State Board of
8Education shall require by rule such reporting requirements as
9it deems necessary.
10 As used in this Section, "laboratory school" means a public
11school which is created and operated by a public university and
12approved by the State Board of Education. The governing board
13of a public university which receives funds from the State
14Board under this subsection (K) may not increase the number of
15students enrolled in its laboratory school from a single
16district, if that district is already sending 50 or more
17students, except under a mutual agreement between the school
18board of a student's district of residence and the university
19which operates the laboratory school. A laboratory school may
20not have more than 1,000 students, excluding students with
21disabilities in a special education program.
22 As used in this Section, "alternative school" means a
23public school which is created and operated by a Regional
24Superintendent of Schools and approved by the State Board of

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1Education. Such alternative schools may offer courses of
2instruction for which credit is given in regular school
3programs, courses to prepare students for the high school
4equivalency testing program or vocational and occupational
5training. A regional superintendent of schools may contract
6with a school district or a public community college district
7to operate an alternative school. An alternative school serving
8more than one educational service region may be established by
9the regional superintendents of schools of the affected
10educational service regions. An alternative school serving
11more than one educational service region may be operated under
12such terms as the regional superintendents of schools of those
13educational service regions may agree.
14 Each laboratory and alternative school shall file, on forms
15provided by the State Superintendent of Education, an annual
16State aid claim which states the Average Daily Attendance of
17the school's students by month. The best 3 months' Average
18Daily Attendance shall be computed for each school. The general
19State aid entitlement shall be computed by multiplying the
20applicable Average Daily Attendance by the Foundation Level as
21determined under this Section.
22(L) Payments, Additional Grants in Aid and Other Requirements.
23 (1) For a school district operating under the financial
24supervision of an Authority created under Article 34A, the
25general State aid otherwise payable to that district under this

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1Section, but not the supplemental general State aid, shall be
2reduced by an amount equal to the budget for the operations of
3the Authority as certified by the Authority to the State Board
4of Education, and an amount equal to such reduction shall be
5paid to the Authority created for such district for its
6operating expenses in the manner provided in Section 18-11. The
7remainder of general State school aid for any such district
8shall be paid in accordance with Article 34A when that Article
9provides for a disposition other than that provided by this
10Article.
11 (2) (Blank).
12 (3) Summer school. Summer school payments shall be made as
13provided in Section 18-4.3.
14(M) Education Funding Advisory Board.
15 The Education Funding Advisory Board, hereinafter in this
16subsection (M) referred to as the "Board", is hereby created.
17The Board shall consist of 5 members who are appointed by the
18Governor, by and with the advice and consent of the Senate. The
19members appointed shall include representatives of education,
20business, and the general public. One of the members so
21appointed shall be designated by the Governor at the time the
22appointment is made as the chairperson of the Board. The
23initial members of the Board may be appointed any time after
24the effective date of this amendatory Act of 1997. The regular
25term of each member of the Board shall be for 4 years from the

SB2217- 223 -LRB100 13147 JWD 27539 b
1third Monday of January of the year in which the term of the
2member's appointment is to commence, except that of the 5
3initial members appointed to serve on the Board, the member who
4is appointed as the chairperson shall serve for a term that
5commences on the date of his or her appointment and expires on
6the third Monday of January, 2002, and the remaining 4 members,
7by lots drawn at the first meeting of the Board that is held
8after all 5 members are appointed, shall determine 2 of their
9number to serve for terms that commence on the date of their
10respective appointments and expire on the third Monday of
11January, 2001, and 2 of their number to serve for terms that
12commence on the date of their respective appointments and
13expire on the third Monday of January, 2000. All members
14appointed to serve on the Board shall serve until their
15respective successors are appointed and confirmed. Vacancies
16shall be filled in the same manner as original appointments. If
17a vacancy in membership occurs at a time when the Senate is not
18in session, the Governor shall make a temporary appointment
19until the next meeting of the Senate, when he or she shall
20appoint, by and with the advice and consent of the Senate, a
21person to fill that membership for the unexpired term. If the
22Senate is not in session when the initial appointments are
23made, those appointments shall be made as in the case of
24vacancies.
25 The Education Funding Advisory Board shall be deemed
26established, and the initial members appointed by the Governor

SB2217- 224 -LRB100 13147 JWD 27539 b
1to serve as members of the Board shall take office, on the date
2that the Governor makes his or her appointment of the fifth
3initial member of the Board, whether those initial members are
4then serving pursuant to appointment and confirmation or
5pursuant to temporary appointments that are made by the
6Governor as in the case of vacancies.
7 The State Board of Education shall provide such staff
8assistance to the Education Funding Advisory Board as is
9reasonably required for the proper performance by the Board of
10its responsibilities.
11 For school years after the 2000-2001 school year, the
12Education Funding Advisory Board, in consultation with the
13State Board of Education, shall make recommendations as
14provided in this subsection (M) to the General Assembly for the
15foundation level under subdivision (B)(3) of this Section and
16for the supplemental general State aid grant level under
17subsection (H) of this Section for districts with high
18concentrations of children from poverty. The recommended
19foundation level shall be determined based on a methodology
20which incorporates the basic education expenditures of
21low-spending schools exhibiting high academic performance. The
22Education Funding Advisory Board shall make such
23recommendations to the General Assembly on January 1 of odd
24numbered years, beginning January 1, 2001.
25(N) (Blank).

SB2217- 225 -LRB100 13147 JWD 27539 b
1(O) References.
2 (1) References in other laws to the various subdivisions of
3Section 18-8 as that Section existed before its repeal and
4replacement by this Section 18-8.05 shall be deemed to refer to
5the corresponding provisions of this Section 18-8.05, to the
6extent that those references remain applicable.
7 (2) References in other laws to State Chapter 1 funds shall
8be deemed to refer to the supplemental general State aid
9provided under subsection (H) of this Section.
10(P) Public Act 93-838 and Public Act 93-808 make inconsistent
11changes to this Section. Under Section 6 of the Statute on
12Statutes there is an irreconcilable conflict between Public Act
1393-808 and Public Act 93-838. Public Act 93-838, being the last
14acted upon, is controlling. The text of Public Act 93-838 is
15the law regardless of the text of Public Act 93-808.
16(Q) State Fiscal Year 2015 Payments.
17 For payments made for State fiscal year 2015, the State
18Board of Education shall, for each school district, calculate
19that district's pro-rata share of a minimum sum of $13,600,000
20or additional amounts as needed from the total net General
21State Aid funding as calculated under this Section that shall
22be deemed attributable to the provision of special educational
23facilities and services, as defined in Section 14-1.08 of this

SB2217- 226 -LRB100 13147 JWD 27539 b
1Code, in a manner that ensures compliance with maintenance of
2State financial support requirements under the federal
3Individuals with Disabilities Education Act. Each school
4district must use such funds only for the provision of special
5educational facilities and services, as defined in Section
614-1.08 of this Code, and must comply with any expenditure
7verification procedures adopted by the State Board of
8Education.
9(R) State Fiscal Year 2016 Payments.
10 For payments made for State fiscal year 2016, the State
11Board of Education shall, for each school district, calculate
12that district's pro rata share of a minimum sum of $1 or
13additional amounts as needed from the total net General State
14Aid funding as calculated under this Section that shall be
15deemed attributable to the provision of special educational
16facilities and services, as defined in Section 14-1.08 of this
17Code, in a manner that ensures compliance with maintenance of
18State financial support requirements under the federal
19Individuals with Disabilities Education Act. Each school
20district must use such funds only for the provision of special
21educational facilities and services, as defined in Section
2214-1.08 of this Code, and must comply with any expenditure
23verification procedures adopted by the State Board of
24Education.

SB2217- 227 -LRB100 13147 JWD 27539 b
1(S) State Fiscal Year 2017 Payments.
2 For payments made for State fiscal year 2017, the State
3Board of Education shall, for each school district, calculate
4that district's pro rata share of a minimum sum of $1 or
5additional amounts as needed from the total net General State
6Aid funding as calculated under this Section that shall be
7deemed attributable to the provision of special educational
8facilities and services, as defined in Section 14-1.08 of this
9Code, in a manner that ensures compliance with maintenance of
10State financial support requirements under the federal
11Individuals with Disabilities Education Act. Each school
12district must use such funds only for the provision of special
13educational facilities and services, as defined in Section
1414-1.08 of this Code, and must comply with any expenditure
15verification procedures adopted by the State Board of
16Education.
17(T) State Fiscal Year 2018 Payments.
18 For payments made for State fiscal year 2018, the State
19Board of Education shall, for each school district, calculate
20that district's pro rata share of a minimum sum of $1 or
21additional amounts as needed from the total net evidence-based
22funding as calculated under this Section that shall be deemed
23attributable to the provision of special educational
24facilities and services, as defined in Section 14-1.08 of this
25Code, in a manner that ensures compliance with maintenance of

SB2217- 228 -LRB100 13147 JWD 27539 b
1State financial support requirements under the federal
2Individuals with Disabilities Education Act. Each school
3district must use such funds only for the provision of special
4educational facilities and services, as defined in Section
514-1.08 of this Code, and must comply with any expenditure
6verification procedures adopted by the State Board of
7Education.
8(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
9eff. 7-30-15; 99-523, eff. 6-30-16.)
10 Section 5-50. The Public Community College Act is amended
11by changing Section 5-11 as follows:
12 (110 ILCS 805/5-11) (from Ch. 122, par. 105-11)
13 Sec. 5-11. Any public community college which subsequent to
14July 1, 1972 but before July 1, 2016, commenced construction of
15any facilities approved by the State Board and the Illinois
16Board of Higher Education may, after completion thereof, apply
17to the State for a grant for expenditures made by the community
18college from its own funds for building purposes for such
19facilities in excess of 25% of the cost of such facilities as
20approved by the State Board and the Illinois Board of Higher
21Education. Any public community college that, on or after July
221, 2016, commenced construction of any facilities approved by
23the State Board may, after completion thereof, apply to the
24State for a grant for expenditures made by the community

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1college from its own funds for building purposes for such
2facilities in excess of 25% of the cost of such facilities as
3approved by the State Board. A grant shall be contingent upon
4said community college having otherwise complied with Sections
55-3, 5-4, 5-5 and 5-10 of this Act.
6 If any payments or contributions of any kind which are
7based upon, or are to be applied to, the cost of such
8construction are received from the Federal government, or an
9agency thereof, subsequent to receipt of the grant herein
10provided, the