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: (Failed) 2019-01-09 - Session Sine Die [SB2217 Detail]
Download: Illinois-2017-SB2217-Introduced.html
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1 | AN ACT concerning budget implementation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | ARTICLE 1. SHORT TITLE; PURPOSE | |||||||||||||||||||
5 | Section 1-1. Short title. This Act may be cited as the | |||||||||||||||||||
6 | FY2017 and FY2018 Budget Implementation Act.
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7 | Section 1-5. Purpose. It is the purpose of this Act to make | |||||||||||||||||||
8 | changes in State programs that are necessary to implement the | |||||||||||||||||||
9 | budget for Fiscal Years 2017 and 2018.
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10 | ARTICLE 5. AMENDATORY PROVISIONS | |||||||||||||||||||
11 | Section 5-2. The State Budget Law of the Civil | |||||||||||||||||||
12 | Administrative Code of Illinois is amended by adding Section | |||||||||||||||||||
13 | 50-40 as follows:
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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 | |||||||||||||||||||
17 | Common School Fund, the General Revenue Common School Special | |||||||||||||||||||
18 | Account Fund, the Education Assistance Fund, the Fund for the | |||||||||||||||||||
19 | Advancement of Education, the Commitment to Human Services |
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1 | Fund, and the Budget Stabilization Fund.
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2 | Section 5-3. The Renewable Energy, Energy Efficiency, and | ||||||
3 | Coal Resources Development Law of 1997 is amended by changing | ||||||
4 | Section 6-5 as follows:
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5 | (20 ILCS 687/6-5)
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6 | (Section scheduled to be repealed on December 31, 2020)
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7 | Sec. 6-5. Infrastructure Development Renewable Energy | ||||||
8 | Resources and Coal Technology
Development Assistance Charge. | ||||||
9 | (a) Notwithstanding the provisions of Section 16-111 of the | ||||||
10 | Public
Utilities
Act but subject to subsection (e) of this | ||||||
11 | Section,
each
public utility, electric cooperative, as defined | ||||||
12 | in Section 3.4 of the Electric
Supplier
Act, and municipal | ||||||
13 | utility, as referenced in Section 3-105 of the Public
Utilities | ||||||
14 | Act,
that is engaged in the delivery of electricity or the | ||||||
15 | distribution of natural
gas within
the State of Illinois shall, | ||||||
16 | effective January 1, 1998, assess each of its
customer
accounts | ||||||
17 | a monthly Infrastructure Development Renewable Energy | ||||||
18 | Resources and Coal Technology
Development Assistance Charge. | ||||||
19 | The delivering public utility, municipal
electric or
gas | ||||||
20 | utility, or electric or gas cooperative for a self-assessing | ||||||
21 | purchaser
remains
subject to the collection of the fee imposed | ||||||
22 | by this Section. The monthly
charge
shall be as follows:
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23 | (1) $0.05 per month on each account for residential
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24 | electric service as defined in Section 13 of the Energy
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1 | Assistance Act;
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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;
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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;
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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;
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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
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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.
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21 | (b) The Infrastructure Development Renewable Energy | ||||||
22 | Resources and Coal Technology Development
Assistance
Charge | ||||||
23 | assessed by electric and gas public utilities shall be | ||||||
24 | considered a
charge
for public utility service.
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25 | (c) Fifty percent of the moneys collected pursuant to
this | ||||||
26 | Section shall be deposited in the Lead Poisoning Screening, |
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1 | Prevention, and Abatement Renewable Energy
Resources Trust | ||||||
2 | Fund by the Department of Revenue. The remaining 50 percent
of | ||||||
3 | the moneys
collected pursuant to this Section shall be | ||||||
4 | deposited in the
Coal Technology Development Assistance Fund by | ||||||
5 | the Department of Revenue
for the exclusive purposes of (1) | ||||||
6 | capturing or sequestering carbon emissions produced by coal | ||||||
7 | combustion; (2) supporting research on the capture and | ||||||
8 | sequestration of carbon emissions produced by coal combustion; | ||||||
9 | and (3) improving coal miner safety.
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10 | (d) By the 20th day of the month following the month in | ||||||
11 | which the charges
imposed by this Section were collected, each | ||||||
12 | utility
and alternative retail electric
supplier collecting | ||||||
13 | charges
pursuant to this Section shall remit
to the Department | ||||||
14 | of Revenue for deposit in the
Lead Poisoning Screening, | ||||||
15 | Prevention, and Abatement Renewable Energy Resources Trust | ||||||
16 | Fund and the Coal Technology Development
Assistance Fund all
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17 | moneys received as payment of the charge provided for in this
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18 | Section on a return prescribed and furnished by the Department | ||||||
19 | of Revenue
showing such information as the Department of | ||||||
20 | Revenue may reasonably require.
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21 | (e) The charges imposed by this Section shall only apply
to | ||||||
22 | customers of municipal electric or gas utilities and electric | ||||||
23 | or gas
cooperatives if the municipal electric or gas utility or | ||||||
24 | electric or
gas
cooperative makes an affirmative decision to | ||||||
25 | impose the
charge.
If a municipal electric or gas utility or an | ||||||
26 | electric or gas cooperative
makes an
affirmative decision to |
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1 | impose the charge provided by this Section, the
municipal
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2 | electric or gas utility or electric or gas cooperative shall | ||||||
3 | inform the
Department of
Revenue in writing of such decision | ||||||
4 | when it begins to impose the charge.
If a municipal electric or | ||||||
5 | gas utility or electric or gas
cooperative does not assess this | ||||||
6 | charge, its customers shall
not be eligible for the Renewable | ||||||
7 | Energy Resources Program.
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8 | (f) The Department of Revenue may establish such rules as | ||||||
9 | it deems
necessary to implement this Section.
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10 | (Source: P.A. 95-481, eff. 8-28-07 .)
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11 | Section 5-5. The Military Code of Illinois is amended by | ||||||
12 | changing Section 22-3 as follows:
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13 | (20 ILCS 1805/22-3) (from Ch. 129, par. 220.22-3)
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14 | Sec. 22-3.
All monies received from the sale of Illinois | ||||||
15 | National Guard
facilities and lands pursuant to authority | ||||||
16 | contained in Section 22-2 , all monies received from the | ||||||
17 | transfer or exchange of any realty under the control of the | ||||||
18 | Department pursuant to authority contained in Section 22-5, and | ||||||
19 | all funds received from the Federal government under terms of | ||||||
20 | the Federal Master Cooperative Agreement related to | ||||||
21 | constructing and maintaining real property between the | ||||||
22 | Department of Military Affairs and the United States Property | ||||||
23 | and Fiscal Officer for Illinois shall
be paid into the State | ||||||
24 | Treasury without delay and shall be deposited covered into
a |
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1 | special fund to be known as the Illinois National Guard | ||||||
2 | Construction
Fund. The monies in this fund shall be used | ||||||
3 | exclusively by the Adjutant
General for the purpose of | ||||||
4 | acquiring building sites , and constructing new
facilities , | ||||||
5 | rehabilitating existing facilities, and making other capital | ||||||
6 | improvements. The provisions directing the distributions from | ||||||
7 | the Illinois National Guard Construction Fund provided for in | ||||||
8 | this Section shall constitute an irrevocable and continuing | ||||||
9 | appropriation of all amounts as provided herein. The State | ||||||
10 | Treasurer and State Comptroller are hereby authorized and | ||||||
11 | directed to make distributions as provided in this Section . | ||||||
12 | Expenditures from this fund shall be subject to appropriation
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13 | by the General Assembly and written release by the Governor.
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14 | (Source: P.A. 97-764, eff. 7-6-12.)
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15 | (20 ILCS 1805/22-6 rep.)
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16 | Section 5-10. The Military Code of Illinois is amended by | ||||||
17 | repealing Section 22-6.
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18 | Section 5-12. The Balanced Budget Note Act is amended by | ||||||
19 | changing Section 5 as follows:
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20 | (25 ILCS 80/5) (from Ch. 63, par. 42.93-5)
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21 | Sec. 5. Supplemental Appropriation Bill Defined. For | ||||||
22 | purposes of
this Act, "supplemental appropriation bill" means | ||||||
23 | any appropriation bill
that is (a) introduced or amended |
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1 | (including any changes to legislation by
means of the | ||||||
2 | submission of a conference committee report) on or after July
1 | ||||||
3 | of a fiscal year and (b) proposes (as introduced or as amended | ||||||
4 | as the
case may be) to authorize, increase, decrease, or | ||||||
5 | reallocate any general
funds appropriation for that same fiscal | ||||||
6 | year. For purposes of this Section, "general funds" has the | ||||||
7 | meaning provided in Section 50-40 of the State Budget Law. The | ||||||
8 | general funds consist
of the General Revenue Fund, the Common | ||||||
9 | School Fund, the General Revenue
Common School Special Account | ||||||
10 | Fund, and the Education Assistance Fund.
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11 | (Source: P.A. 87-688.)
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12 | Section 5-13. The General Assembly Compensation Act is | ||||||
13 | amended by changing Section 1 as follows:
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14 | (25 ILCS 115/1) (from Ch. 63, par. 14) | ||||||
15 | Sec. 1. Each member of the General Assembly shall receive | ||||||
16 | an annual salary
of $28,000 or as set by the Compensation | ||||||
17 | Review Board, whichever is
greater. The
following named | ||||||
18 | officers, committee chairmen and committee minority spokesmen
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19 | shall receive additional amounts per year for
their services as | ||||||
20 | such officers, committee chairmen and committee
minority | ||||||
21 | spokesmen respectively, as set by the Compensation
Review Board | ||||||
22 | or, as follows, whichever is greater: Beginning the second
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23 | Wednesday in January 1989, the Speaker and the minority leader | ||||||
24 | of the
House of Representatives and the
President and the |
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1 | minority leader of the Senate, $16,000 each; the
majority | ||||||
2 | leader in the House of Representatives $13,500;
6 assistant
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3 | majority leaders and 5 assistant minority leaders in the | ||||||
4 | Senate,
$12,000
each; 6 assistant majority leaders and 6 | ||||||
5 | assistant minority leaders in
the House of Representatives, | ||||||
6 | $10,500 each; 2 Deputy
Majority leaders in the House of | ||||||
7 | Representatives $11,500 each; and 2 Deputy
Minority leaders in | ||||||
8 | the House of Representatives, $11,500 each; the majority
caucus | ||||||
9 | chairman and minority caucus chairman in the Senate, $12,000 | ||||||
10 | each;
and beginning the second Wednesday in January, 1989, the | ||||||
11 | majority
conference chairman and the minority conference | ||||||
12 | chairman
in the House of Representatives, $10,500 each; | ||||||
13 | beginning
the second Wednesday in January, 1989, the chairman | ||||||
14 | and minority spokesman
of each standing committee of the | ||||||
15 | Senate, except the Rules Committee, the
Committee on | ||||||
16 | Committees, and the Committee on Assignment of Bills, $6,000
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17 | each; and beginning the second Wednesday in January, 1989, the | ||||||
18 | chairman and
minority spokesman of each standing and select | ||||||
19 | committee of the House of
Representatives, $6,000 each. A | ||||||
20 | member who serves in more than one
position as an officer, | ||||||
21 | committee chairman, or committee minority spokesman
shall | ||||||
22 | receive only one additional amount based on the position paying | ||||||
23 | the
highest additional amount. The
compensation provided for in | ||||||
24 | this Section to be paid per year to members
of the General | ||||||
25 | Assembly, including the additional sums payable per year
to | ||||||
26 | officers of the General Assembly shall be paid in 12 equal |
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1 | monthly
installments. The first such installment is payable on | ||||||
2 | January 31,
1977. All subsequent equal monthly installments are | ||||||
3 | payable on the last
working day of the month. A member who has | ||||||
4 | held office any part of a
month is entitled to compensation for | ||||||
5 | an entire month. | ||||||
6 | Mileage shall be paid at the rate of 20 cents per mile | ||||||
7 | before January
9, 1985, and at the mileage allowance rate in | ||||||
8 | effect under regulations
promulgated pursuant to 5 U.S.C. | ||||||
9 | 5707(b)(2) beginning January 9, 1985, for the number
of actual | ||||||
10 | highway miles necessarily and conveniently traveled by the
most | ||||||
11 | feasible route to be present upon convening of the sessions of | ||||||
12 | the
General Assembly by such member in each and every trip | ||||||
13 | during each
session in going to and returning from the seat of | ||||||
14 | government, to be
computed by the Comptroller. A member | ||||||
15 | traveling by public
transportation for such purposes, however, | ||||||
16 | shall be paid his actual cost
of that transportation instead of | ||||||
17 | on the mileage rate if his cost of
public transportation | ||||||
18 | exceeds the amount to which he would be entitled
on a mileage | ||||||
19 | basis. No member may be paid, whether on a mileage basis
or for | ||||||
20 | actual costs of public transportation, for more than one such
| ||||||
21 | trip for each week the General Assembly is actually in session. | ||||||
22 | Each
member shall also receive an allowance of $36 per day for | ||||||
23 | lodging and
meals while in attendance at sessions
of the | ||||||
24 | General Assembly before January 9, 1985; beginning January 9,
| ||||||
25 | 1985, such food and lodging allowance shall be equal to the | ||||||
26 | amount per day
permitted to be deducted for such expenses under |
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1 | the Internal Revenue Code;
however, beginning May 31, 1995, no | ||||||
2 | allowance for food and lodging while in
attendance at sessions | ||||||
3 | is authorized for periods of time after the last day in
May of | ||||||
4 | each calendar year, except (i) if the General Assembly is | ||||||
5 | convened in
special session by either the Governor or the | ||||||
6 | presiding 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 | ||||||
9 | vetoed, item vetoed, reduced, or
returned with specific | ||||||
10 | recommendations for change by the Governor as provided
in | ||||||
11 | Section 9 of Article IV of the Illinois Constitution. For | ||||||
12 | fiscal year 2011 and for session days in fiscal years 2012, | ||||||
13 | 2013, 2014, 2015, 2016, and 2017 , and 2018 only (i) the | ||||||
14 | allowance for lodging and meals is $111 per day and (ii) | ||||||
15 | mileage 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, | ||||||
18 | beginning in fiscal year 2012, travel reimbursement for
General | ||||||
19 | Assembly members on non-session days shall be
calculated using | ||||||
20 | the guidelines set forth by the Legislative
Travel Control | ||||||
21 | Board, except that fiscal year 2012, 2013, 2014, 2015, 2016, | ||||||
22 | and 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 | ||||||
25 | amount payable
as compensation, the unpaid balance shall be | ||||||
26 | paid to the surviving
spouse of such member, or, if there be |
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1 | none, to the estate of such member. | ||||||
2 | (Source: P.A. 98-30, eff. 6-24-13; 98-682, eff. 6-30-14; | ||||||
3 | 99-355, eff. 8-13-15; 99-523, eff. 6-30-16.)
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4 | Section 5-14. The Compensation Review Act is amended by | ||||||
5 | adding Section 6.5 as follows:
| ||||||
6 | (25 ILCS 120/6.5 new) | ||||||
7 | Sec. 6.5. FY18 COLAs prohibited. Notwithstanding any | ||||||
8 | former or current provision of this Act, any other law, any | ||||||
9 | report of the Compensation Review Board, or any resolution of | ||||||
10 | the General Assembly to the contrary, members of the General | ||||||
11 | Assembly, State's attorneys, other than the county supplement, | ||||||
12 | elected executive branch constitutional officers of State | ||||||
13 | government, and persons in certain appointed offices of State | ||||||
14 | government, including the membership of State departments, | ||||||
15 | agencies, boards, and commissions, whose annual compensation | ||||||
16 | previously was recommended or determined by the Compensation | ||||||
17 | Review Board, are prohibited from receiving and shall not | ||||||
18 | receive any increase in compensation that would otherwise apply | ||||||
19 | based on a cost of living adjustment, as authorized by Senate | ||||||
20 | Joint Resolution 192 of the 86th General Assembly, for or | ||||||
21 | during the fiscal year beginning July 1, 2017.
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22 | Section 5-15. The State Finance Act is amended by changing | ||||||
23 | Sections 5.857, 6t, 6z-30, 6z-32, 6z-45, 6z-51, 6z-52, 6z-100, |
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1 | 8.3, 8.11, 8.25e, 8g, 8g-1, 13.2, and 25 and by adding Sections | ||||||
2 | 8.52, 50, and 51 as follows:
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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. | ||||||
6 | This Section is repealed July 1, 2018 2017 .
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7 | (Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15; | ||||||
8 | 99-523, eff. 6-30-16.)
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9 | (30 ILCS 105/6t) (from Ch. 127, par. 142t)
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10 | Sec. 6t.
The Capital Development Board Contributory Trust | ||||||
11 | Fund is
created and there shall be paid into the Capital | ||||||
12 | Development Board
Contributory Trust Fund the monies | ||||||
13 | contributed by and received from
Public Community College | ||||||
14 | Districts, Elementary, Secondary, and Unit
School Districts, | ||||||
15 | and Vocational Education Facilities, provided,
however, no | ||||||
16 | monies shall be required from a participating Public
Community | ||||||
17 | College District, Elementary, Secondary, or Unit School
| ||||||
18 | District, or Vocational Education Facility more than 30 days | ||||||
19 | prior to
anticipated need under the particular contract for the | ||||||
20 | Public Community
College District, Elementary, Secondary, or | ||||||
21 | Unit School District, or
Vocational Education Facility. No | ||||||
22 | monies in any fund in the State
Treasury, nor any funds under | ||||||
23 | the control or beneficial control of any
state agency, | ||||||
24 | university, college, department, commission, board or any
|
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1 | other unit of state government shall be deposited, paid into, | ||||||
2 | or by any
other means caused to be placed into the Capital | ||||||
3 | Development Board
Contributory Trust Fund, except for federal | ||||||
4 | funds, bid bond forfeitures,
and insurance proceeds as provided | ||||||
5 | for below.
| ||||||
6 | Except as provided in Section 22-3 of the Military Code of | ||||||
7 | Illinois, there There shall be paid into the Capital | ||||||
8 | Development Board Contributory Trust
Fund all federal funds to | ||||||
9 | be utilized for the construction of capital projects
under the | ||||||
10 | jurisdiction of the Capital Development Board, and all proceeds
| ||||||
11 | resulting from such federal funds. All such funds shall be | ||||||
12 | remitted to
the Capital Development Board within 10 working | ||||||
13 | days of their receipt by
the receiving authority.
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14 | There shall also be paid into this Fund all monies | ||||||
15 | designated as gifts,
donations or charitable contributions | ||||||
16 | which may be contributed by an
individual or entity, whether | ||||||
17 | public or private, for a specific capital
improvement project.
| ||||||
18 | There shall also be paid into this Fund all proceeds from | ||||||
19 | bid bond
forfeitures in connection with any project formally | ||||||
20 | bid and awarded by the
Capital Development Board.
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21 | There shall also be paid into this Fund all builders risk | ||||||
22 | insurance policy
proceeds and all other funds recovered from | ||||||
23 | contractors, sureties,
architects, material suppliers or other | ||||||
24 | persons contracting with the
Capital Development Board for | ||||||
25 | capital improvement projects which are
received by way of | ||||||
26 | reimbursement for losses resulting from destruction
of or |
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1 | damage to capital improvement projects while under | ||||||
2 | construction by
the Capital Development Board or received by | ||||||
3 | way of settlement agreement or
court order.
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4 | The monies in the Capital Development Board Contributory | ||||||
5 | Trust Fund shall
be expended only for actual contracts let, and | ||||||
6 | then only for the specific
project for which funds were | ||||||
7 | received in accordance with the judgment of
the Capital | ||||||
8 | Development Board, compatible with the duties and obligations
| ||||||
9 | of the Capital Development Board in furtherance of the specific | ||||||
10 | capital
improvement for which such funds were received. | ||||||
11 | Contributions, insured-loss
reimbursements or other funds | ||||||
12 | received as damages through settlement or
judgement for damage, | ||||||
13 | destruction or loss of capital improvement projects
shall be | ||||||
14 | expended for the repair of such projects; or if the projects | ||||||
15 | have
been or are being repaired before receipt of the funds, | ||||||
16 | the funds may be used
to repair other such capital improvement | ||||||
17 | projects. Any funds not expended
for a project within 36 months | ||||||
18 | after the date received
shall be paid into the General | ||||||
19 | Obligation
Bond
Retirement and Interest Fund.
| ||||||
20 | Contributions or insured-loss reimbursements not expended | ||||||
21 | in furtherance
of the project for which they were received | ||||||
22 | within 36 months of the date
received, shall be returned to the | ||||||
23 | contributing party. Proceeds from builders
risk insurance | ||||||
24 | shall be expended only for the amelioration of damage arising
| ||||||
25 | from the incident for which the proceeds were paid to the State | ||||||
26 | or the
Capital Development Board Contributory Trust Fund. Any |
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1 | residual amounts remaining
after the completion of such | ||||||
2 | repairs, renovation, reconstruction or
other work necessary to | ||||||
3 | restore the capital improvement project to
acceptable | ||||||
4 | condition shall be returned to the proper fund or entity | ||||||
5 | financing
or contributing towards the cost of the capital | ||||||
6 | improvement project. Such
returns shall be made in amounts | ||||||
7 | proportionate to the contributions made
in furtherance of the | ||||||
8 | project.
| ||||||
9 | Any monies received as a gift, donation or charitable | ||||||
10 | contribution for
a specific capital improvement which have not | ||||||
11 | been expended in furtherance
of that project shall be returned | ||||||
12 | to the contributing party after
completion of the project or if | ||||||
13 | the legislature fails to authorize the
capital improvement.
| ||||||
14 | Except as provided in Section 22-3 of the Military Code of | ||||||
15 | Illinois, the The unused portion of any federal funds received | ||||||
16 | for a capital improvement
project which are not contributed, | ||||||
17 | upon its completion, towards the cost
of the project, shall | ||||||
18 | remain in the Capital Development Board Contributory Trust Fund | ||||||
19 | and shall be used for capital projects and for no other | ||||||
20 | purpose, subject to appropriation and as directed by the | ||||||
21 | Capital 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 |
| |||||||
| |||||||
1 | created as a
special fund in the State Treasury. The following | ||||||
2 | moneys 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 |
| |||||||
| |||||||
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 | ||||||
16 | Healthcare and Family Services,
subject to appropriation and to | ||||||
17 | an interagency agreement between that Department and the Board | ||||||
18 | of Trustees of the University of Illinois, to reimburse the | ||||||
19 | University of Illinois Hospital for
hospital and pharmacy | ||||||
20 | services, to reimburse practitioners who are employed by the | ||||||
21 | University of Illinois, to reimburse other health care | ||||||
22 | facilities and health plans operated by the University of | ||||||
23 | Illinois, and to pass through to the University of Illinois | ||||||
24 | federal financial participation earned by the State as a result | ||||||
25 | of expenditures made by the University of Illinois. | ||||||
26 | (c) (Blank). |
| |||||||
| |||||||
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 | ||||||
5 | the Conservation 2000 Fund) and the Partners for
Conservation | ||||||
6 | Projects Fund (formerly known as the Conservation 2000 Projects | ||||||
7 | Fund) are
created as special funds in the State Treasury. These | ||||||
8 | funds
shall be used to establish a comprehensive program to | ||||||
9 | protect Illinois' natural
resources through cooperative | ||||||
10 | partnerships between State government and public
and private | ||||||
11 | landowners. Moneys in these Funds may be
used, subject to | ||||||
12 | appropriation, by the Department of Natural Resources, | ||||||
13 | Environmental Protection Agency, and the
Department of | ||||||
14 | Agriculture for purposes relating to natural resource | ||||||
15 | protection,
planning, recreation, tourism, and compatible | ||||||
16 | agricultural and economic development
activities. Without | ||||||
17 | limiting these general purposes, moneys in these Funds may
be | ||||||
18 | used, subject to appropriation, for the following specific | ||||||
19 | purposes:
| ||||||
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 |
| |||||||
| |||||||
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 | ||||||
24 | automatically transfer
on the last day of each month, beginning | ||||||
25 | on September 30, 1995 and ending on
June 30, 2021,
from the | ||||||
26 | General Revenue Fund to the Partners for Conservation
Fund,
an
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | amount equal to 1/10 of the amount set forth below in fiscal | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | year 1996 and
an amount equal to 1/12 of the amount set forth | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | below in each of the other
specified fiscal years:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (c) Notwithstanding any other provision of law to the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | contrary and in addition to any other transfers that may be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | provided for by law, on the last day of each month beginning on | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | July 31, 2006 and ending on June 30, 2007, or as soon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | thereafter as may be practical, the State Comptroller shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | direct and the State Treasurer shall transfer $1,000,000 from | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | the Open Space Lands Acquisition and Development Fund to the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | Conservation 2000 Fund.
|
| |||||||
| |||||||
1 | (d) There shall be deposited into the Partners for
| ||||||
2 | Conservation Projects Fund such
bond proceeds and other moneys | ||||||
3 | as 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 | ||||||
8 | fund
in the State Treasury.
| ||||||
9 | In addition to any other deposits authorized by law, | ||||||
10 | beginning January
1, 2000, on the first day of each month, or | ||||||
11 | as soon thereafter as may be
practical, the State Treasurer and | ||||||
12 | State Comptroller shall transfer the sum of
$5,000,000 from the | ||||||
13 | General Revenue Fund to the School Infrastructure Fund, except | ||||||
14 | that, notwithstanding any other provision of law, and in | ||||||
15 | addition to any other transfers that may be provided for by | ||||||
16 | law, before June 30, 2012, the Comptroller and the Treasurer | ||||||
17 | shall transfer $45,000,000 from the General Revenue Fund into | ||||||
18 | the School Infrastructure Fund, and, for fiscal year 2013 only, | ||||||
19 | the Treasurer and the Comptroller shall transfer $1,250,000 | ||||||
20 | from the General Revenue Fund to the School Infrastructure Fund | ||||||
21 | on the first day of each month;
provided, however, that no such | ||||||
22 | transfers shall be made from July 1, 2001
through June 30, | ||||||
23 | 2003.
| ||||||
24 | (a-5) Money in the School Infrastructure Fund may be used | ||||||
25 | to pay the expenses of the State Board of Education, the |
| |||||||
| |||||||
1 | Governor's Office of Management and Budget, and the Capital | ||||||
2 | Development Board in administering programs under the School | ||||||
3 | Construction Law, the total expenses not to exceed $1,315,000 | ||||||
4 | in any fiscal year. | ||||||
5 | (b) Subject to the transfer provisions set forth below, | ||||||
6 | money in the
School Infrastructure Fund shall, if and when the | ||||||
7 | State of Illinois incurs
any bonded indebtedness for the | ||||||
8 | construction of school improvements under subsection (e) of | ||||||
9 | Section 5 of the General Obligation Bond Act
the School | ||||||
10 | Construction Law , be set aside and used for the purpose of
| ||||||
11 | paying and discharging annually the principal and interest on | ||||||
12 | that bonded
indebtedness then due and payable, and for no other | ||||||
13 | purpose.
| ||||||
14 | In addition to other transfers to the General Obligation | ||||||
15 | Bond Retirement and
Interest Fund made pursuant to Section 15 | ||||||
16 | of the General Obligation Bond Act,
upon each delivery of bonds | ||||||
17 | issued for construction of school improvements
under the School | ||||||
18 | Construction Law, the State Comptroller shall
compute and | ||||||
19 | certify to the State Treasurer the total amount of principal | ||||||
20 | of,
interest on, and premium, if any, on such bonds during the | ||||||
21 | then current and
each succeeding fiscal year.
With respect to | ||||||
22 | the interest payable on variable rate bonds, such
| ||||||
23 | certifications shall be calculated at the maximum rate of | ||||||
24 | interest that
may be payable during the fiscal year, after | ||||||
25 | taking into account any credits
permitted in the related | ||||||
26 | indenture or other instrument against the amount of
such |
| |||||||
| |||||||
1 | interest required to be appropriated for that period.
| ||||||
2 | On or before the last day of each month, the State | ||||||
3 | Treasurer and State
Comptroller shall transfer from the School | ||||||
4 | Infrastructure Fund to the General
Obligation Bond Retirement | ||||||
5 | and Interest Fund an amount sufficient to pay the
aggregate of | ||||||
6 | the principal of, interest on, and premium, if any, on the | ||||||
7 | bonds
payable on their next payment date, divided by the number | ||||||
8 | of monthly transfers
occurring between the last previous | ||||||
9 | payment date (or the delivery date if no
payment date has yet | ||||||
10 | occurred) and the next succeeding payment date.
Interest | ||||||
11 | payable on variable rate bonds shall be calculated at the | ||||||
12 | maximum
rate of interest that may be payable for the relevant | ||||||
13 | period, after taking into
account any credits permitted in the | ||||||
14 | related indenture or other instrument
against the amount of | ||||||
15 | such interest required to be appropriated for that
period.
| ||||||
16 | Interest for which moneys have already been deposited into the | ||||||
17 | capitalized
interest account within the General Obligation | ||||||
18 | Bond Retirement and Interest
Fund shall not be included in the | ||||||
19 | calculation of the amounts to be transferred
under this | ||||||
20 | subsection. Beginning July 1, 2017 through June 30, 2020, no | ||||||
21 | transfers shall be required under this subsection (b) from the | ||||||
22 | School Infrastructure Fund to the General Obligation Bond | ||||||
23 | Retirement and Interest Fund.
| ||||||
24 | (b-5) The money deposited into the School Infrastructure | ||||||
25 | Fund from transfers pursuant to subsections (c-30) and (c-35) | ||||||
26 | of Section 13 of the Riverboat Gambling Act shall be applied, |
| |||||||
| |||||||
1 | without further direction, as provided in subsection (b-3) of | ||||||
2 | Section 5-35 of the School Construction Law. | ||||||
3 | (c) The surplus, if any, in the School Infrastructure Fund | ||||||
4 | after payments made pursuant to subsections (a-5), (b) , and | ||||||
5 | (b-5) of this Section shall, subject to appropriation, be used | ||||||
6 | as follows:
| ||||||
7 | First - to make 3 payments to the School Technology | ||||||
8 | Revolving 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 | ||||||
13 | Education and the Capital
Development Board in administering | ||||||
14 | programs under the School Construction
Law, the total expenses | ||||||
15 | not to exceed $1,200,000 in any
fiscal year.
| ||||||
16 | Second Third - to pay any amounts due for grants for school | ||||||
17 | construction projects
and debt service under the School | ||||||
18 | Construction Law.
| ||||||
19 | Third Fourth - to pay any amounts due for grants for school | ||||||
20 | maintenance 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 | ||||||
25 | State Treasury,
shall consist of moneys appropriated or |
| |||||||
| |||||||
1 | transferred to that Fund, as provided
in Section 6z-43 and as | ||||||
2 | otherwise provided by law.
All earnings on Budget Stabilization | ||||||
3 | Fund investments shall be deposited into
that Fund.
| ||||||
4 | (b) The State Comptroller may direct the State Treasurer to | ||||||
5 | transfer moneys
from the Budget Stabilization Fund to the | ||||||
6 | General Revenue Fund in order to meet
cash flow deficits | ||||||
7 | resulting from timing variations between disbursements
and the | ||||||
8 | receipt
of funds within a fiscal year. Any moneys so borrowed | ||||||
9 | in any fiscal year other than Fiscal Year 2011 shall be repaid | ||||||
10 | by June
30 of the fiscal year in which they were borrowed.
Any | ||||||
11 | moneys so borrowed in Fiscal Year 2011 shall be repaid no later | ||||||
12 | than July 15, 2011.
| ||||||
13 | (c) During Fiscal Years Year 2017 and 2018 only, amounts | ||||||
14 | may be expended from the Budget Stabilization Fund only | ||||||
15 | pursuant to specific authorization by appropriation. Any | ||||||
16 | moneys expended pursuant to appropriation shall not be subject | ||||||
17 | to 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 | ||||||
22 | to be known as
the Drug Rebate Fund.
| ||||||
23 | (b) The Fund is created for the purpose of receiving and | ||||||
24 | disbursing moneys
in accordance with this Section. | ||||||
25 | Disbursements from the Fund shall be made,
subject to |
| |||||||
| |||||||
1 | appropriation, 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:
|
| |||||||
| |||||||
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, | ||||||
25 | eff. 7-1-12.)
|
| |||||||
| |||||||
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; | ||||||
4 | payments into and use. All monies received by the Capital | ||||||
5 | Development Board for publications or copies issued by the | ||||||
6 | Board, and all monies received for contract administration | ||||||
7 | fees, charges, or reimbursements owing to the Board shall be | ||||||
8 | deposited into a special fund known as the Capital Development | ||||||
9 | Board Revolving Fund, which is hereby created in the State | ||||||
10 | treasury. The monies in this Fund shall be used by the Capital | ||||||
11 | Development Board, as appropriated, for expenditures for | ||||||
12 | personal services, retirement, social security, contractual | ||||||
13 | services, legal services, travel, commodities, printing, | ||||||
14 | equipment, electronic data processing, or telecommunications. | ||||||
15 | Unexpended moneys in the Fund shall not be transferred or | ||||||
16 | allocated by the Comptroller or Treasurer to any other fund, | ||||||
17 | nor shall the Governor authorize the transfer or allocation of | ||||||
18 | those moneys to any other fund. This Section is repealed July | ||||||
19 | 1, 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 | ||||||
23 | State of
Illinois incurs any bonded indebtedness for the | ||||||
24 | construction of
permanent highways, be set aside and used for | ||||||
25 | the purpose of paying and
discharging annually the principal |
| |||||||
| |||||||
1 | and interest on that bonded
indebtedness then due and payable, | ||||||
2 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
3 | after the payment of principal and
interest on that bonded | ||||||
4 | indebtedness 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
11 | the Road
Fund. Appropriations may also be made from the Road | ||||||
12 | Fund for the
administrative expenses of any State agency that | ||||||
13 | are related to motor
vehicles or arise from the use of motor | ||||||
14 | vehicles. | ||||||
15 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
16 | Fund monies
shall be appropriated to the following Departments | ||||||
17 | or agencies of State
government for administration, grants, or | ||||||
18 | operations; but this
limitation is not a restriction upon | ||||||
19 | appropriating for those purposes any
Road Fund monies that are | ||||||
20 | eligible 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 |
| |||||||
| |||||||
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 | ||||||
13 | Fund monies
shall be appropriated to the following Departments | ||||||
14 | or agencies of State
government for administration, grants, or | ||||||
15 | operations; but this
limitation is not a restriction upon | ||||||
16 | appropriating for those purposes any
Road Fund monies that are | ||||||
17 | eligible 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 |
| |||||||
| |||||||
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 | ||||||
8 | Fund monies
shall be appropriated to the following Departments | ||||||
9 | or agencies of State
government for administration, grants, or | ||||||
10 | operations; but this
limitation is not a restriction upon | ||||||
11 | appropriating for those purposes any
Road Fund monies that are | ||||||
12 | eligible for federal reimbursement: Department
of Central | ||||||
13 | Management Services, except for awards made by
the Illinois | ||||||
14 | Workers' Compensation Commission under the terms of the | ||||||
15 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
16 | Act for injury or death of an employee of
the Division of | ||||||
17 | Highways in the Department of Transportation. | ||||||
18 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
19 | Fund monies
shall be appropriated to the following Departments | ||||||
20 | or agencies of State
government for administration, grants, or | ||||||
21 | operations; but this
limitation is not a restriction upon | ||||||
22 | appropriating for those purposes any
Road Fund monies that are | ||||||
23 | eligible 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. |
| |||||||
| |||||||
1 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
2 | Fund monies
shall be appropriated to any Department or agency | ||||||
3 | of State government
for administration, grants, or operations | ||||||
4 | except as provided hereafter;
but this limitation is not a | ||||||
5 | restriction upon appropriating for those
purposes any Road Fund | ||||||
6 | monies that are eligible for federal
reimbursement. It shall | ||||||
7 | not be lawful to circumvent the above
appropriation limitations | ||||||
8 | by governmental reorganization or other
methods. | ||||||
9 | Appropriations shall be made from the Road Fund only in
| ||||||
10 | accordance with the provisions of this Section. | ||||||
11 | Money in the Road Fund shall, if and when the State of | ||||||
12 | Illinois
incurs any bonded indebtedness for the construction of | ||||||
13 | permanent
highways, be set aside and used for the purpose of | ||||||
14 | paying and
discharging during each fiscal year the principal | ||||||
15 | and interest on that
bonded indebtedness as it becomes due and | ||||||
16 | payable as provided in the
Transportation Bond Act, and for no | ||||||
17 | other
purpose. The surplus, if any, in the Road Fund after the | ||||||
18 | payment of
principal and interest on that bonded indebtedness | ||||||
19 | then 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
15 | the Road
Fund or the Grade Crossing Protection Fund as provided | ||||||
16 | in Section 8 of
the Motor Fuel Tax Law. | ||||||
17 | Except as provided in this paragraph, beginning with fiscal | ||||||
18 | year 1991 and
thereafter, no Road Fund monies
shall be | ||||||
19 | appropriated to the Department of State Police for the purposes | ||||||
20 | of
this Section in excess of its total fiscal year 1990 Road | ||||||
21 | Fund
appropriations for those purposes unless otherwise | ||||||
22 | provided in Section 5g of
this Act.
For fiscal years 2003,
| ||||||
23 | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | ||||||
24 | appropriated to the
Department of State Police for the purposes | ||||||
25 | of this Section in excess of
$97,310,000.
For fiscal year 2008 | ||||||
26 | only, no Road
Fund monies shall be appropriated to the |
| |||||||
| |||||||
1 | Department of State Police for the purposes of
this Section in | ||||||
2 | excess of $106,100,000. For fiscal year 2009 only, no Road Fund | ||||||
3 | monies shall be appropriated to the Department of State Police | ||||||
4 | for the purposes of this Section in excess of $114,700,000. | ||||||
5 | Beginning in fiscal year 2010, no road fund moneys shall be | ||||||
6 | appropriated to the Department of State Police. It shall not be | ||||||
7 | lawful to circumvent this limitation on
appropriations by | ||||||
8 | governmental reorganization or other methods unless
otherwise | ||||||
9 | provided in Section 5g of this Act. | ||||||
10 | In fiscal year 1994, no Road Fund monies shall be | ||||||
11 | appropriated
to the
Secretary of State for the purposes of this | ||||||
12 | Section in excess of the total
fiscal year 1991 Road Fund | ||||||
13 | appropriations to the Secretary of State for
those purposes, | ||||||
14 | plus $9,800,000. It
shall not be
lawful to circumvent
this | ||||||
15 | limitation on appropriations by governmental reorganization or | ||||||
16 | other
method. | ||||||
17 | Beginning with fiscal year 1995 and thereafter, no Road | ||||||
18 | Fund
monies
shall be appropriated to the Secretary of State for | ||||||
19 | the purposes of this
Section in excess of the total fiscal year | ||||||
20 | 1994 Road Fund
appropriations to
the Secretary of State for | ||||||
21 | those purposes. It shall not be lawful to
circumvent this | ||||||
22 | limitation on appropriations by governmental reorganization
or | ||||||
23 | other methods. | ||||||
24 | Beginning with fiscal year 2000, total Road Fund | ||||||
25 | appropriations to the
Secretary of State for the purposes of | ||||||
26 | this Section shall not exceed the
amounts specified for the |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | following fiscal years: | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
12 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||||||||||||||||||||||
13 | appropriated to the Secretary of State. | |||||||||||||||||||||||||||||||||||||||||
14 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||||||||||||||||||||||||||||||
15 | shall be appropriated to the Secretary of State for the | |||||||||||||||||||||||||||||||||||||||||
16 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||||||||||||||||||||||||||||||
17 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||||||||||||||||||||||||||||||
18 | otherwise provided for by law. | |||||||||||||||||||||||||||||||||||||||||
19 | It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||||||||||||||||||||||
20 | appropriations by
governmental reorganization or other | |||||||||||||||||||||||||||||||||||||||||
21 | methods. | |||||||||||||||||||||||||||||||||||||||||
22 | No new program may be initiated in fiscal year 1991 and
| |||||||||||||||||||||||||||||||||||||||||
23 | thereafter that is not consistent with the limitations imposed | |||||||||||||||||||||||||||||||||||||||||
24 | by this
Section for fiscal year 1984 and thereafter, insofar as | |||||||||||||||||||||||||||||||||||||||||
25 | appropriation of
Road Fund monies is concerned. | |||||||||||||||||||||||||||||||||||||||||
26 | Nothing in this Section prohibits transfers from the Road |
| |||||||
| |||||||
1 | Fund to the
State Construction Account Fund under Section 5e of | ||||||
2 | this Act; nor to the
General Revenue Fund, as authorized by | ||||||
3 | this amendatory Act of
the 93rd
General Assembly. | ||||||
4 | The additional amounts authorized for expenditure in this | ||||||
5 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
| ||||||
6 | shall be repaid to the Road Fund
from the General Revenue Fund | ||||||
7 | in the next succeeding fiscal year that the
General Revenue | ||||||
8 | Fund has a positive budgetary balance, as determined by
| ||||||
9 | generally accepted accounting principles applicable to | ||||||
10 | government. | ||||||
11 | The additional amounts authorized for expenditure by the | ||||||
12 | Secretary of State
and
the Department of State Police in this | ||||||
13 | Section by this amendatory Act of the
94th General Assembly | ||||||
14 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
15 | in the
next
succeeding fiscal year that the General Revenue | ||||||
16 | Fund has a positive budgetary
balance,
as determined by | ||||||
17 | generally accepted accounting principles applicable to
| ||||||
18 | government. | ||||||
19 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; | ||||||
20 | 99-523, 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, | ||||||
23 | appropriations
from the State Parks Fund shall be made only to | ||||||
24 | the Department of Natural
Resources and shall, except for the | ||||||
25 | additional moneys deposited under Section 805-550 of the |
| |||||||
| |||||||
1 | Department of Natural Resources (Conservation) Law of the
Civil | ||||||
2 | Administrative Code of Illinois, be used only for the | ||||||
3 | maintenance,
development, operation, control and acquisition | ||||||
4 | of State parks and historic sites .
| ||||||
5 | Revenues derived from the Illinois and Michigan Canal from | ||||||
6 | the sale of
Canal lands, lease of Canal lands, Canal | ||||||
7 | concessions, and other Canal
activities, which have been placed | ||||||
8 | in the State Parks Fund may be
appropriated to the Department | ||||||
9 | of Natural Resources for
that Department to use,
either | ||||||
10 | independently or in cooperation with any Department or Agency | ||||||
11 | of the
Federal or State Government or any political subdivision | ||||||
12 | thereof for the
development and management of the Canal and its | ||||||
13 | adjacent lands as outlined
in the master plan for such | ||||||
14 | development 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 | ||||||
18 | Treasurer shall
automatically transfer on the first day of each | ||||||
19 | month, beginning on
February 1, 1988, from the General Revenue | ||||||
20 | Fund to each of the funds then
supplemented by the pari-mutuel | ||||||
21 | tax pursuant to Section 28 of the Illinois
Horse Racing Act of | ||||||
22 | 1975, an amount equal to (i) the amount of pari-mutuel
tax | ||||||
23 | deposited into such fund during the month in fiscal
year 1986 | ||||||
24 | which corresponds to the month preceding such transfer, minus
| ||||||
25 | (ii) the amount of pari-mutuel tax (or the replacement transfer |
| |||||||
| |||||||
1 | authorized
by subsection (d) of Section 8g Section 8g(d) of | ||||||
2 | this Act and subsection (d) of Section 28.1 Section 28.1(d) of | ||||||
3 | the Illinois Horse Racing Act of
1975) deposited into such fund | ||||||
4 | during the
month preceding such transfer; provided, however, | ||||||
5 | that no transfer shall
be made to a fund if such amount for | ||||||
6 | that fund is equal to or less than
zero and provided that no | ||||||
7 | transfer shall be made to a fund in any fiscal
year after the | ||||||
8 | amount deposited into such fund exceeds the amount of
| ||||||
9 | pari-mutuel tax deposited into such fund during fiscal year | ||||||
10 | 1986.
| ||||||
11 | (b) The State Comptroller and the State Treasurer shall | ||||||
12 | automatically
transfer on the last day of each month, beginning | ||||||
13 | on October 1, 1989 and ending on June 30, 2017 , from
the | ||||||
14 | General Revenue Fund to the Metropolitan Exposition , | ||||||
15 | Auditorium and
Office Building Fund, the amount of $2,750,000 | ||||||
16 | plus any cumulative
deficiencies in such transfers for prior | ||||||
17 | months, until the sum of
$16,500,000 has been transferred for | ||||||
18 | the fiscal year beginning July 1, 1989
and until the sum of | ||||||
19 | $22,000,000 has been transferred for each fiscal year
| ||||||
20 | thereafter.
| ||||||
21 | (b-5) The State Comptroller and the State Treasurer shall | ||||||
22 | automatically transfer on the last day of each month, beginning | ||||||
23 | on July 1, 2017, from the General Revenue Fund to the | ||||||
24 | Metropolitan Exposition, Auditorium and Office Building Fund, | ||||||
25 | the amount of $1,500,000 plus any cumulative deficiencies in | ||||||
26 | such transfers for prior months, until the sum of $12,000,000 |
| |||||||
| |||||||
1 | has been transferred for each fiscal year thereafter. | ||||||
2 | (c) After the transfer of funds from the Metropolitan | ||||||
3 | Exposition ,
Auditorium and Office Building Fund to the Bond | ||||||
4 | Retirement Fund pursuant to subsection (b) of Section 15
| ||||||
5 | Section 15(b) of the Metropolitan Civic Center Support Act, the | ||||||
6 | State
Comptroller and the State Treasurer shall automatically | ||||||
7 | transfer on the
last day of each month, beginning on October 1, | ||||||
8 | 1989 and ending on June 30, 2017 , from the Metropolitan
| ||||||
9 | Exposition , Auditorium and Office Building Fund
to the Park and | ||||||
10 | Conservation Fund the amount of $1,250,000 plus any
cumulative | ||||||
11 | deficiencies in such transfers for prior months, until the sum
| ||||||
12 | of $7,500,000 has been transferred for the fiscal year | ||||||
13 | beginning July 1,
1989 and until the sum of $10,000,000 has | ||||||
14 | been 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 | ||||||
19 | improve stability in the General Revenue Fund, the Budget | ||||||
20 | Stabilization Fund, the Healthcare Provider Relief Fund, and | ||||||
21 | the Health Insurance Reserve Fund, the State Treasurer and the | ||||||
22 | State Comptroller shall make transfers to the General Revenue | ||||||
23 | Fund, the Budget Stabilization Fund, the Healthcare Provider | ||||||
24 | Relief Fund, or the Health Insurance Reserve Fund, from time to | ||||||
25 | time through June 30, 2021 as directed by the Governor, in each |
| |||||||
| |||||||
1 | of State fiscal years 2018 through 2021 in amounts not to | ||||||
2 | exceed per year the total set forth below for each fund: | ||||||
3 | Abandoned Residential Property
Municipality | ||||||
4 | Relief Fund ....................................$6,600,000 | ||||||
5 | Aggregate Operations Regulatory Fund .................$500,000 | ||||||
6 | Agricultural Master Fund .............................$900,000 | ||||||
7 | Alternate Fuels Fund ...............................$1,300,000 | ||||||
8 | Appraisal Administration Fund ........................$400,000 | ||||||
9 | Bank and Trust Company Fund ..........................$917,400 | ||||||
10 | Care Provider Fund for Persons with a | ||||||
11 | Developmental Disability .......................$1,000,000 | ||||||
12 | Carolyn Adams Ticket For The Cure Grant Fund .........$400,000 | ||||||
13 | Cemetery Oversight Licensing and
Disciplinary Fund .$50,900 | ||||||
14 | Clean Air Act Permit Fund ............................$911,600 | ||||||
15 | Coal Technology Development Assistance Fund ........$9,500,000 | ||||||
16 | Community Health Center Care Fund ....................$800,000 | ||||||
17 | Compassionate Use of Medical Cannabis Fund .........$5,000,000 | ||||||
18 | Conservation Police Operations Assistance Fund .....$1,400,000 | ||||||
19 | Credit Union Fund ....................................$176,200 | ||||||
20 | Criminal Justice Information Projects Fund ...........$400,000 | ||||||
21 | Death Certificate Surcharge Fund ......................$70,500 | ||||||
22 | Death Penalty Abolition Fund .........................$309,800 | ||||||
23 | Department of Corrections Reimbursement and | ||||||
24 | Education Fund ...................................$180,000 | ||||||
25 | Department of Human Rights Special Fund ..............$100,000 | ||||||
26 | DHS Private Resources Fund .........................$1,000,000 |
| |||||||
| |||||||
1 | DHS Recoveries Trust Fund ..........................$5,515,000 | ||||||
2 | DHS Technology Initiative Fund .....................$2,250,000 | ||||||
3 | Digital Divide Elimination Fund ....................$1,347,000 | ||||||
4 | Distance Learning Fund ...............................$180,000 | ||||||
5 | Dram Shop Fund .......................................$365,000 | ||||||
6 | Drug Treatment Fund ..................................$195,000 | ||||||
7 | Drunk and Drugged Driving Prevention Fund .............$90,000 | ||||||
8 | Early Intervention Services Revolving Fund .........$5,000,000 | ||||||
9 | Economic Research and Information Fund ................$11,000 | ||||||
10 | Electronics Recycling Fund ...........................$450,000 | ||||||
11 | Energy Efficiency Trust Fund .......................$7,600,000 | ||||||
12 | Environmental Laboratory Certification Fund ..........$200,000 | ||||||
13 | Environmental Protection Permit and
Inspection Fund .$461,800 | ||||||
14 | Environmental Protection Trust Fund ..................$265,000 | ||||||
15 | Explosives Regulatory Fund ...........................$280,000 | ||||||
16 | Fair and Exposition Fund ...........................$2,800,000 | ||||||
17 | Feed Control Fund ..................................$6,800,000 | ||||||
18 | Fertilizer Control Fund ............................$4,100,000 | ||||||
19 | Financial Institution Fund ...........................$328,200 | ||||||
20 | Fire Prevention Fund ..............................$10,000,000 | ||||||
21 | Foreclosure Prevention Program Fund ................$2,500,000 | ||||||
22 | Foreclosure Prevention Program Graduated Fund .....$10,000,000 | ||||||
23 | General Professions Dedicated Fund ...................$612,700 | ||||||
24 | Good Samaritan Energy Trust Fund ......................$29,000 | ||||||
25 | Hazardous Waste Fund .................................$431,600 | ||||||
26 | Health Facility Plan Review Fund ......................$78,200 |
| |||||||
| |||||||
1 | Home Inspector Administration Fund ...................$500,000 | ||||||
2 | Horse Racing Fund ....................................$197,900 | ||||||
3 | Hospital Licensure Fund ............................$1,000,000 | ||||||
4 | Human Services Priority Capital Program Fund ...........$3,200 | ||||||
5 | ICJIA Violence Prevention Special Projects Fund ......$100,000 | ||||||
6 | Illinois Adoption Registry and Medical
Information | ||||||
7 | Exchange Fund .....................................$80,000 | ||||||
8 | Illinois Affordable Housing Trust
Fund ........$16,295,000 | ||||||
9 | Illinois Capital Revolving Loan Fund ...............$1,263,000 | ||||||
10 | Illinois Clean Water Fund ..........................$4,400,000 | ||||||
11 | Illinois Equity Fund .................................$535,000 | ||||||
12 | Illinois Fisheries Management Fund .................$2,000,000 | ||||||
13 | Illinois Forestry Development Fund ...................$264,300 | ||||||
14 | Illinois Gaming Law Enforcement Fund ..................$62,000 | ||||||
15 | Illinois Health Facilities Planning Fund ...........$2,500,000 | ||||||
16 | Illinois National Guard Billeting Fund ...............$100,000 | ||||||
17 | Illinois Power Agency Renewable
Energy | ||||||
18 | Resources Fund ...............................$225,000,000 | ||||||
19 | Illinois Standardbred Breeders Fund ................$4,000,000 | ||||||
20 | Illinois State Dental Disciplinary Fund ............$1,500,000 | ||||||
21 | Illinois State Medical Disciplinary Fund ...........$5,000,000 | ||||||
22 | Illinois State Pharmacy Disciplinary Fund ..........$2,000,000 | ||||||
23 | Illinois State Podiatric Disciplinary Fund ...........$200,000 | ||||||
24 | Illinois Thoroughbred Breeders Fund ................$4,000,000 | ||||||
25 | Illinois Workers' Compensation
Commission | ||||||
26 | Operations Fund ...............................$11,272,900 |
| |||||||
| |||||||
1 | Insurance Financial Regulation
Fund ...........$10,941,900 | ||||||
2 | Insurance Producer Administration Fund ............$15,000,000 | ||||||
3 | Intercity Passenger Rail Fund ........................$500,000 | ||||||
4 | International and Promotional Fund ....................$37,000 | ||||||
5 | Large Business Attraction Fund .....................$1,562,000 | ||||||
6 | Law Enforcement Camera Grant Fund ..................$1,500,000 | ||||||
7 | LEADS Maintenance Fund ...............................$118,900 | ||||||
8 | Low-Level Radioactive Waste Facility Development | ||||||
9 | and Operation Fund .............................$1,300,000 | ||||||
10 | Medicaid Buy-In Program Revolving Fund ...............$300,000 | ||||||
11 | Mental Health Fund .................................$1,101,300 | ||||||
12 | Mental Health Reporting Fund .........................$624,100 | ||||||
13 | Metabolic Screening and Treatment Fund .............$5,000,000 | ||||||
14 | Money Laundering Asset Recovery Fund ..................$63,700 | ||||||
15 | Motor Carrier Safety Inspection Fund .................$115,000 | ||||||
16 | Motor Vehicle Theft Prevention Trust Fund .........$13,800,000 | ||||||
17 | Natural Areas Acquisition Fund .....................$2,000,000 | ||||||
18 | Natural Resources Restoration Trust Fund ...........$2,100,000 | ||||||
19 | Nuclear Safety Emergency Preparedness Fund .........$6,000,000 | ||||||
20 | Nursing Dedicated and Professional Fund ............$5,000,000 | ||||||
21 | Partners for Conservation Fund .......................$698,800 | ||||||
22 | Pesticide Control Fund ...............................$400,000 | ||||||
23 | Plugging and Restoration Fund ......................$1,200,000 | ||||||
24 | Plumbing Licensure and Program Fund ...................$89,000 | ||||||
25 | Pollution Control Board Fund .........................$300,000 | ||||||
26 | Port Development Revolving Loan Fund .................$410,000 |
| |||||||
| |||||||
1 | Prescription Pill and Drug Disposal Fund .............$250,000 | ||||||
2 | Professions Indirect Cost Fund .....................$1,409,500 | ||||||
3 | Provider Inquiry Trust Fund ..........................$500,000 | ||||||
4 | Public Health Special State Projects Fund .........$10,000,000 | ||||||
5 | Public Infrastructure Construction Loan | ||||||
6 | Revolving Fund .................................$1,500,000 | ||||||
7 | Public Pension Regulation Fund .......................$100,300 | ||||||
8 | Quality of Life Endowment Fund .......................$337,500 | ||||||
9 | Radiation Protection Fund ..........................$4,500,000 | ||||||
10 | Rail Freight Loan Repayment Fund ...................$1,000,000 | ||||||
11 | Real Estate License Administration Fund ............$3,000,000 | ||||||
12 | Real Estate Research and Education Fund ..............$250,000 | ||||||
13 | Registered Certified Public Accountants' Administration | ||||||
14 | and Disciplinary Fund ..........................$1,500,000 | ||||||
15 | Regulatory Evaluation and Basic Enforcement Fund .....$150,000 | ||||||
16 | Regulatory Fund ......................................$330,000 | ||||||
17 | Renewable Energy Resources Trust Fund .............$12,000,000 | ||||||
18 | Rental Housing Support Program Fund ..................$760,000 | ||||||
19 | Residential Finance Regulatory Fund ..................$127,000 | ||||||
20 | Roadside Memorial Fund ...............................$200,000 | ||||||
21 | Safe Bottled Water Fund ..............................$150,000 | ||||||
22 | School Technology Revolving Loan
Fund ..........$1,500,000 | ||||||
23 | Sex Offender Registration Fund .......................$100,000 | ||||||
24 | Small Business Environmental Assistance Fund .........$294,000 | ||||||
25 | Snowmobile Trail Establishment Fund ..................$150,000 | ||||||
26 | Solid Waste Management Fund .......................$13,900,000 |
| |||||||
| |||||||
1 | Spinal Cord Injury Paralysis Cure Research | ||||||
2 | Trust Fund .......................................$300,000 | ||||||
3 | State Asset Forfeiture Fund ..........................$185,000 | ||||||
4 | State Charter School Commission Fund .................$100,000 | ||||||
5 | State Crime Laboratory Fund ..........................$150,500 | ||||||
6 | State Furbearer Fund .................................$200,000 | ||||||
7 | State Offender DNA Identification System Fund .........$98,200 | ||||||
8 | State Parks Fund .....................................$662,000 | ||||||
9 | State Police DUI Fund .................................$57,100 | ||||||
10 | State Police Firearm Services Fund .................$7,200,000 | ||||||
11 | State Police Merit Board Public Safety Fund ...........$58,200 | ||||||
12 | State Police Operations Assistance Fund ............$1,022,000 | ||||||
13 | State Police Services Fund .........................$3,500,000 | ||||||
14 | State Police Whistleblower Reward and | ||||||
15 | Protection Fund ..................................$625,700 | ||||||
16 | State Rail Freight Loan Repayment
Fund .........$6,000,000 | ||||||
17 | Statewide 9-1-1 Fund ...............................$5,926,000 | ||||||
18 | Subtitle D Management Fund .........................$1,000,000 | ||||||
19 | Tax Compliance and Administration Fund .............$1,400,000 | ||||||
20 | TOMA Consumer Protection Fund ........................$200,000 | ||||||
21 | Tourism Promotion Fund ............................$91,000,000 | ||||||
22 | Traffic and Criminal Conviction Surcharge Fund .......$638,100 | ||||||
23 | Trauma Center Fund .................................$3,000,000 | ||||||
24 | Underground Resources Conservation | ||||||
25 | Enforcement Fund .................................$700,000 | ||||||
26 | Used Tire Management Fund .........................$17,500,000 |
| |||||||
| |||||||
1 | Weights and Measures Fund ............................$256,100 | ||||||
2 | Wireless Carrier Reimbursement Fund ..................$327,000 | ||||||
3 | Workforce, Technology, and Economic | ||||||
4 | Development Fund ..................................$65,000 | ||||||
5 | Youth Alcoholism and Substance Abuse | ||||||
6 | Prevention Fund ..................................$500,000 | ||||||
7 | Total $642,920,100 | ||||||
8 | (b) On and after the effective date of this amendatory Act | ||||||
9 | of the 100th General Assembly through the end of State fiscal | ||||||
10 | year 2021, when any of the funds listed in subsection (a) has | ||||||
11 | insufficient cash from which the State Comptroller may make | ||||||
12 | expenditures properly supported by appropriations from the | ||||||
13 | fund, then, at the direction of the Director of the Governor's | ||||||
14 | Office of Management and Budget, the State Treasurer and State | ||||||
15 | Comptroller shall transfer from the General Revenue Fund to the | ||||||
16 | fund only such amount as is immediately necessary to satisfy | ||||||
17 | outstanding expenditure obligations on a timely basis, subject | ||||||
18 | to the provisions of the State Prompt Payment Act. All or a | ||||||
19 | portion of the amounts transferred from the General Revenue | ||||||
20 | Fund to a fund pursuant to this subsection (b) from time to | ||||||
21 | time may be re-transferred by the State Comptroller and the | ||||||
22 | State Treasurer from the receiving fund into the General | ||||||
23 | Revenue Fund as soon as and to the extent that deposits are | ||||||
24 | made into or receipts are collected by the receiving fund. | ||||||
25 | (c) The State Treasurer and State Comptroller shall | ||||||
26 | transfer the amounts designated under subsection (a) of this |
| |||||||
| |||||||
1 | Section as soon as may be practicable after receiving the | ||||||
2 | direction to transfer from the Director of the Governor's | ||||||
3 | Office of Management and Budget. If the Director of the | ||||||
4 | Governor's Office of Management and Budget determines that any | ||||||
5 | transfer authorized by this Section from a special fund under | ||||||
6 | subsection (a) either (i) jeopardizes federal funding based on | ||||||
7 | a written communication from a federal official or (ii) | ||||||
8 | violates an order of a court of competent jurisdiction, then | ||||||
9 | the Director may order the State Treasurer and State | ||||||
10 | Comptroller, in writing, to transfer from the General Revenue | ||||||
11 | Fund to that listed special fund all or part of the amounts | ||||||
12 | transferred from that special fund under subsection (a). | ||||||
13 | (d) During State fiscal years 2018 through 2021, the report | ||||||
14 | filed under Section 7.2 of the Governor's Office of Management | ||||||
15 | and Budget Act shall contain, in addition to the information | ||||||
16 | otherwise required, information on all transfers made pursuant | ||||||
17 | to 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, |
| |||||||
| |||||||
1 | the transfers in this Section may be made through the end of | ||||||
2 | State 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 | ||||||
6 | for by law, as
soon as may be practical after the effective | ||||||
7 | date of this amendatory Act of
the 91st General Assembly, the | ||||||
8 | State Comptroller shall direct and the State
Treasurer shall | ||||||
9 | transfer the sum of $10,000,000 from the General Revenue Fund
| ||||||
10 | to the Motor Vehicle License Plate Fund created by Senate Bill | ||||||
11 | 1028 of the 91st
General Assembly. | ||||||
12 | (b) In addition to any other transfers that may be provided | ||||||
13 | for by law, as
soon as may be practical after the effective | ||||||
14 | date of this amendatory Act of
the 91st General Assembly, the | ||||||
15 | State Comptroller shall direct and the State
Treasurer shall | ||||||
16 | transfer the sum of $25,000,000 from the General Revenue Fund
| ||||||
17 | to the Fund for Illinois' Future created by Senate Bill 1066 of | ||||||
18 | the 91st
General Assembly. | ||||||
19 | (c) In addition to any other transfers that may be provided | ||||||
20 | for by law,
on August 30 of each fiscal year's license period, | ||||||
21 | the Illinois Liquor Control
Commission shall direct and the | ||||||
22 | State Comptroller and State Treasurer shall
transfer from the | ||||||
23 | General Revenue Fund to the Youth Alcoholism and Substance
| ||||||
24 | Abuse Prevention Fund an amount equal to the number of retail | ||||||
25 | liquor licenses
issued for that fiscal year multiplied by $50. |
| |||||||
| |||||||
1 | (d) The payments to programs required under subsection (d) | ||||||
2 | of Section 28.1
of the Illinois Horse Racing Act of 1975 shall | ||||||
3 | be made, pursuant to appropriation, from
the special funds | ||||||
4 | referred to in the statutes cited in that subsection, rather
| ||||||
5 | than directly from the General Revenue Fund. | ||||||
6 | Beginning January 1, 2000, on the first day of each month, | ||||||
7 | or as soon
as may be practical thereafter, the State | ||||||
8 | Comptroller shall direct and the
State Treasurer shall transfer | ||||||
9 | from the General Revenue Fund to each of the
special funds from | ||||||
10 | which payments are to be made under subsection (d) of Section | ||||||
11 | 28.1 of the Illinois
Horse Racing Act of 1975 an amount equal | ||||||
12 | to 1/12 of the annual amount required
for those payments from | ||||||
13 | that special fund, which annual amount shall not exceed
the | ||||||
14 | annual amount for those payments from that special fund for the | ||||||
15 | calendar
year 1998. The special funds to which transfers shall | ||||||
16 | be made under this
subsection (d) include, but are not | ||||||
17 | necessarily limited to, the Agricultural
Premium Fund; the | ||||||
18 | Metropolitan Exposition, Auditorium and Office Building Fund;
| ||||||
19 | the Fair and Exposition Fund; the Illinois Standardbred | ||||||
20 | Breeders Fund; the Illinois Thoroughbred
Breeders Fund; and the | ||||||
21 | Illinois Veterans' Rehabilitation Fund. During State fiscal | ||||||
22 | year 2018 only, the State Comptroller shall direct and the | ||||||
23 | State Treasurer shall transfer amounts from the General Revenue | ||||||
24 | Fund to the designated funds not exceeding the following | ||||||
25 | amounts: | ||||||
|
| ||||||||||||||
| ||||||||||||||
| ||||||||||||||
4 | (e) In addition to any other transfers that may be provided | |||||||||||||
5 | for by law,
as soon as may be practical after the effective | |||||||||||||
6 | date of this amendatory Act of
the 91st General Assembly, but | |||||||||||||
7 | in no event later than June 30, 2000, the State
Comptroller | |||||||||||||
8 | shall direct and the State Treasurer shall transfer the sum of
| |||||||||||||
9 | $15,000,000 from the General Revenue Fund to the Fund for | |||||||||||||
10 | Illinois' Future. | |||||||||||||
11 | (f) In addition to any other transfers that may be provided | |||||||||||||
12 | for by law,
as soon as may be practical after the effective | |||||||||||||
13 | date of this amendatory Act of
the 91st General Assembly, but | |||||||||||||
14 | in no event later than June 30, 2000, the State
Comptroller | |||||||||||||
15 | shall direct and the State Treasurer shall transfer the sum of
| |||||||||||||
16 | $70,000,000 from the General Revenue Fund to the Long-Term Care | |||||||||||||
17 | Provider
Fund. | |||||||||||||
18 | (f-1) In fiscal year 2002, in addition to any other | |||||||||||||
19 | transfers that may
be provided for by law, at the direction of | |||||||||||||
20 | and upon notification from the
Governor, the State Comptroller | |||||||||||||
21 | shall direct and the State Treasurer shall
transfer amounts not | |||||||||||||
22 | exceeding a total of $160,000,000 from the General
Revenue Fund | |||||||||||||
23 | to the Long-Term Care Provider Fund. | |||||||||||||
24 | (g) In addition to any other transfers that may be provided | |||||||||||||
25 | for by law,
on July 1, 2001, or as soon thereafter as may be | |||||||||||||
26 | practical, the State
Comptroller shall direct and the State |
| |||||||
| |||||||
1 | Treasurer shall transfer the sum of
$1,200,000 from the General | ||||||
2 | Revenue Fund to the Violence Prevention Fund. | ||||||
3 | (h) In each of fiscal years 2002 through 2004, but not
| ||||||
4 | thereafter, in
addition to any other transfers that may be | ||||||
5 | provided for by law, the State
Comptroller shall direct and the | ||||||
6 | State Treasurer shall transfer $5,000,000
from the General | ||||||
7 | Revenue Fund to the Tourism Promotion Fund. | ||||||
8 | (i) On or after July 1, 2001 and until May 1, 2002, in | ||||||
9 | addition to any
other transfers that may be provided for by | ||||||
10 | law, at the direction of and upon
notification from the | ||||||
11 | Governor, the State Comptroller shall direct and the
State | ||||||
12 | Treasurer shall transfer amounts not exceeding a total of | ||||||
13 | $80,000,000
from the General Revenue Fund to the Tobacco | ||||||
14 | Settlement Recovery Fund.
Any amounts so transferred shall be | ||||||
15 | re-transferred by the State Comptroller
and the State Treasurer | ||||||
16 | from the Tobacco Settlement Recovery Fund to the
General | ||||||
17 | Revenue Fund at the direction of and upon notification from the
| ||||||
18 | Governor, 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 | ||||||
20 | addition to any
other transfers that may be provided for by | ||||||
21 | law, at the direction of and upon
notification from the | ||||||
22 | Governor, the State Comptroller shall direct and the
State | ||||||
23 | Treasurer shall transfer amounts not exceeding a total of | ||||||
24 | $80,000,000
from the General Revenue Fund to the Tobacco | ||||||
25 | Settlement Recovery Fund.
Any amounts so transferred shall be | ||||||
26 | re-transferred by the State Comptroller
and the State Treasurer |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | from the Tobacco Settlement Recovery Fund to the
General | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Revenue Fund at the direction of and upon notification from the
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Governor, but in any event on or before June 30, 2003. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | (j) On or after July 1, 2001 and no later than June 30, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | 2002, in addition to
any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | for by law, at the direction of and
upon notification from the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Governor, the State Comptroller shall direct and the
State | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Treasurer shall transfer amounts not to exceed the following | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | sums into
the Statistical Services Revolving Fund: | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||
| ||||||||||||||||||
| ||||||||||||||||||
5 | (k) In addition to any other transfers that may be provided | |||||||||||||||||
6 | for by law,
as soon as may be practical after the effective | |||||||||||||||||
7 | date of this amendatory Act of
the 92nd General Assembly, the | |||||||||||||||||
8 | State Comptroller shall direct and the State
Treasurer shall | |||||||||||||||||
9 | transfer the sum of $2,000,000 from the General Revenue Fund
to | |||||||||||||||||
10 | the Teachers Health Insurance Security Fund. | |||||||||||||||||
11 | (k-1) In addition to any other transfers that may be | |||||||||||||||||
12 | provided for by
law, on July 1, 2002, or as soon as may be | |||||||||||||||||
13 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||
14 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||
15 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||
16 | Security Fund. | |||||||||||||||||
17 | (k-2) In addition to any other transfers that may be | |||||||||||||||||
18 | provided for by
law, on July 1, 2003, or as soon as may be | |||||||||||||||||
19 | practical thereafter, the State
Comptroller shall direct and | |||||||||||||||||
20 | the State Treasurer shall transfer the sum of
$2,000,000 from | |||||||||||||||||
21 | the General Revenue Fund to the Teachers Health Insurance
| |||||||||||||||||
22 | Security Fund. | |||||||||||||||||
23 | (k-3) On or after July 1, 2002 and no later than June 30, | |||||||||||||||||
24 | 2003, in
addition to any other transfers that may be provided | |||||||||||||||||
25 | for by law, at the
direction of and upon notification from the | |||||||||||||||||
26 | Governor, the State Comptroller
shall direct and the State |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | Treasurer shall transfer amounts not to exceed the
following | |||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | sums into the Statistical Services Revolving Fund: | |||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | (l) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | for by law, on
July 1, 2002, or as soon as may be practical | |||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | thereafter, the State Comptroller
shall direct and the State | |||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Treasurer shall transfer the sum of $3,000,000 from
the General | |||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Revenue Fund to the Presidential Library and Museum Operating
| |||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Fund. | |||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | (m) In addition to any other transfers that may be provided | |||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | for by law, on
July 1, 2002 and on the effective date of this | |||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | amendatory Act of the 93rd
General Assembly, or as soon | |||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | thereafter as may be practical, the State Comptroller
shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||
26 | direct and the State Treasurer shall transfer the sum of |
| |||||||
| |||||||
1 | $1,200,000 from
the General Revenue Fund to the Violence | ||||||
2 | Prevention Fund. | ||||||
3 | (n) In addition to any other transfers that may be provided | ||||||
4 | for by law,
on July 1,
2003, or as soon thereafter as may be | ||||||
5 | practical, the State Comptroller shall
direct and the
State | ||||||
6 | Treasurer shall transfer the sum of $6,800,000 from the General | ||||||
7 | Revenue
Fund to
the DHS Recoveries Trust Fund. | ||||||
8 | (o) On or after July 1, 2003, and no later than June 30, | ||||||
9 | 2004, in
addition to any
other transfers that may be provided | ||||||
10 | for by law, at the direction of and upon
notification
from the | ||||||
11 | Governor, the State Comptroller shall direct and the State | ||||||
12 | Treasurer
shall
transfer amounts not to exceed the following | ||||||
13 | sums into the Vehicle Inspection
Fund: | ||||||
| |||||||
15 | (p) On or after July 1, 2003 and until May 1, 2004, in | ||||||
16 | addition to any
other
transfers that may be provided for by | ||||||
17 | law, at the direction of and upon
notification from
the | ||||||
18 | Governor, the State Comptroller shall direct and the State | ||||||
19 | Treasurer shall
transfer
amounts not exceeding a total of | ||||||
20 | $80,000,000 from the General Revenue Fund to
the
Tobacco | ||||||
21 | Settlement Recovery Fund. Any amounts so transferred shall be
| ||||||
22 | re-transferred
from the Tobacco Settlement Recovery Fund to the | ||||||
23 | General Revenue Fund at the
direction of and upon notification | ||||||
24 | from the Governor, but in any event on or
before June
30, 2004. | ||||||
25 | (q) In addition to any other transfers that may be provided | ||||||
26 | for by law, on
July 1,
2003, or as soon as may be practical |
| |||||||
| |||||||
1 | thereafter, the State Comptroller shall
direct and the
State | ||||||
2 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
3 | Revenue
Fund to
the Illinois Military Family Relief Fund. | ||||||
4 | (r) In addition to any other transfers that may be provided | ||||||
5 | for by law, on
July 1,
2003, or as soon as may be practical | ||||||
6 | thereafter, the State Comptroller shall
direct and the
State | ||||||
7 | Treasurer shall transfer the sum of $1,922,000 from the General | ||||||
8 | Revenue
Fund to
the Presidential Library and Museum Operating | ||||||
9 | Fund. | ||||||
10 | (s) In addition to any other transfers that may be provided | ||||||
11 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
12 | shall direct and the State Treasurer shall
transfer the
sum of | ||||||
13 | $4,800,000 from the Statewide Economic Development Fund to the | ||||||
14 | General
Revenue Fund. | ||||||
15 | (t) In addition to any other transfers that may be provided | ||||||
16 | for by law, on
or after
July 1, 2003, the State Comptroller | ||||||
17 | shall direct and the State Treasurer shall
transfer the
sum of | ||||||
18 | $50,000,000 from the General Revenue Fund to the Budget | ||||||
19 | Stabilization
Fund. | ||||||
20 | (u) On or after July 1, 2004 and until May 1, 2005, in | ||||||
21 | addition to any other transfers that may be provided for by | ||||||
22 | law, at the direction of and upon notification from the | ||||||
23 | Governor, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer amounts not exceeding a total of | ||||||
25 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
26 | Settlement Recovery Fund. Any amounts so transferred shall be |
| |||||||
| |||||||
1 | retransferred by the State Comptroller and the State Treasurer | ||||||
2 | from the Tobacco Settlement Recovery Fund to the General | ||||||
3 | Revenue Fund at the direction of and upon notification from the | ||||||
4 | Governor, but in any event on or before June 30, 2005.
| ||||||
5 | (v) In addition to any other transfers that may be provided | ||||||
6 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
7 | practical, the State Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
9 | Revenue Fund to the Violence Prevention Fund. | ||||||
10 | (w) In addition to any other transfers that may be provided | ||||||
11 | for by law, on July 1, 2004, or as soon thereafter as may be | ||||||
12 | practical, the State Comptroller shall direct and the State | ||||||
13 | Treasurer shall transfer the sum of $6,445,000 from the General | ||||||
14 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
15 | Fund.
| ||||||
16 | (x) In addition to any other transfers that may be provided | ||||||
17 | for by law, on January 15, 2005, or as soon thereafter as may | ||||||
18 | be practical, the State Comptroller shall direct and the State | ||||||
19 | Treasurer shall transfer to the General Revenue Fund the | ||||||
20 | following 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 |
| |||||||
| |||||||
1 | Protection Fund, $500,000.
| ||||||
2 | (y) Notwithstanding any other provision of law to the | ||||||
3 | contrary, in addition to any other transfers that may be | ||||||
4 | provided for by law on June 30, 2005, or as soon as may be | ||||||
5 | practical thereafter, the State Comptroller shall direct and | ||||||
6 | the State Treasurer shall transfer the remaining balance from | ||||||
7 | the designated funds into the General Revenue Fund and any | ||||||
8 | future deposits that would otherwise be made into these funds | ||||||
9 | must 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; |
| |||||||
| |||||||
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 | ||||||
14 | for by law, on July 1, 2005, or as soon as may be practical | ||||||
15 | thereafter, the State Comptroller shall direct and the State | ||||||
16 | Treasurer shall transfer the sum of $1,200,000 from the General | ||||||
17 | Revenue Fund to the Violence Prevention Fund.
| ||||||
18 | (aa) In addition to any other transfers that may be | ||||||
19 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
20 | practical thereafter, the State Comptroller shall direct and | ||||||
21 | the State Treasurer shall transfer the sum of $9,000,000 from | ||||||
22 | the General Revenue Fund to the Presidential Library and Museum | ||||||
23 | Operating Fund.
| ||||||
24 | (bb) In addition to any other transfers that may be | ||||||
25 | provided for by law, on July 1, 2005, or as soon as may be | ||||||
26 | practical thereafter, the State Comptroller shall direct and |
| |||||||
| |||||||
1 | the State Treasurer shall transfer the sum of $6,803,600 from | ||||||
2 | the General Revenue Fund to the Securities Audit and | ||||||
3 | Enforcement Fund.
| ||||||
4 | (cc) In addition to any other transfers that may be | ||||||
5 | provided for by law, on or after July 1, 2005 and until May 1, | ||||||
6 | 2006, at the direction of and upon notification from the | ||||||
7 | Governor, the State Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer amounts not exceeding a total of | ||||||
9 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
10 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
11 | re-transferred by the State Comptroller and the State Treasurer | ||||||
12 | from the Tobacco Settlement Recovery Fund to the General | ||||||
13 | Revenue Fund at the direction of and upon notification from the | ||||||
14 | Governor, but in any event on or before June 30, 2006.
| ||||||
15 | (dd) In addition to any other transfers that may be | ||||||
16 | provided for by law, on April 1, 2005, or as soon thereafter as | ||||||
17 | may be practical, at the direction of the Director of Public | ||||||
18 | Aid (now Director of Healthcare and Family Services), the State | ||||||
19 | Comptroller shall direct and the State Treasurer shall transfer | ||||||
20 | from 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, | ||||||
23 | 2006, or as soon thereafter as practical, the State Comptroller | ||||||
24 | shall direct and the State Treasurer shall transfer the | ||||||
25 | remaining balance from the Illinois Civic Center Bond Fund to | ||||||
26 | the Illinois Civic Center Bond Retirement and Interest Fund. |
| |||||||
| |||||||
1 | (ff) In addition to any other transfers that may be | ||||||
2 | provided for by law, on and after July 1, 2006 and until June | ||||||
3 | 30, 2007, at the direction of and upon notification from the | ||||||
4 | Director of the Governor's Office of Management and Budget, the | ||||||
5 | State Comptroller shall direct and the State Treasurer shall | ||||||
6 | transfer amounts not exceeding a total of $1,900,000 from the | ||||||
7 | General Revenue Fund to the Illinois Capital Revolving Loan | ||||||
8 | Fund. | ||||||
9 | (gg) In addition to any other transfers that may be | ||||||
10 | provided for by law, on and after July 1, 2006 and until May 1, | ||||||
11 | 2007, at the direction of and upon notification from the | ||||||
12 | Governor, the State Comptroller shall direct and the State | ||||||
13 | Treasurer shall transfer amounts not exceeding a total of | ||||||
14 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
15 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
16 | retransferred by the State Comptroller and the State Treasurer | ||||||
17 | from the Tobacco Settlement Recovery Fund to the General | ||||||
18 | Revenue Fund at the direction of and upon notification from the | ||||||
19 | Governor, but in any event on or before June 30, 2007. | ||||||
20 | (hh) In addition to any other transfers that may be | ||||||
21 | provided for by law, on and after July 1, 2006 and until June | ||||||
22 | 30, 2007, at the direction of and upon notification from the | ||||||
23 | Governor, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
25 | Housing Trust Fund to the designated funds not exceeding the | ||||||
26 | following amounts: |
| |||||||
| |||||||
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 | ||||||
7 | provided for by law, on or before August 31, 2006, the Governor | ||||||
8 | and the State Comptroller may agree to transfer the surplus | ||||||
9 | cash balance from the General Revenue Fund to the Budget | ||||||
10 | Stabilization Fund and the Pension Stabilization Fund in equal | ||||||
11 | proportions. The determination of the amount of the surplus | ||||||
12 | cash balance shall be made by the Governor, with the | ||||||
13 | concurrence of the State Comptroller, after taking into account | ||||||
14 | the June 30, 2006 balances in the general funds and the actual | ||||||
15 | or estimated spending from the general funds during the lapse | ||||||
16 | period. Notwithstanding the foregoing, the maximum amount that | ||||||
17 | may be transferred under this subsection (ii) is $50,000,000. | ||||||
18 | (jj) In addition to any other transfers that may be | ||||||
19 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
20 | practical, the State Comptroller shall direct and the State | ||||||
21 | Treasurer shall transfer the sum of $8,250,000 from the General | ||||||
22 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
23 | Fund. | ||||||
24 | (kk) In addition to any other transfers that may be | ||||||
25 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
26 | practical, the State Comptroller shall direct and the State |
| |||||||
| |||||||
1 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
2 | Revenue Fund to the Violence Prevention Fund.
| ||||||
3 | (ll) In addition to any other transfers that may be | ||||||
4 | provided for by law, on the first day of each calendar quarter | ||||||
5 | of the fiscal year beginning July 1, 2006, or as soon | ||||||
6 | thereafter as practical, the State Comptroller shall direct and | ||||||
7 | the State Treasurer shall transfer from the General Revenue | ||||||
8 | Fund amounts equal to one-fourth of $20,000,000 to the | ||||||
9 | Renewable Energy Resources Trust Fund. | ||||||
10 | (mm) In addition to any other transfers that may be | ||||||
11 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
12 | practical, the State Comptroller shall direct and the State | ||||||
13 | Treasurer shall transfer the sum of $1,320,000 from the General | ||||||
14 | Revenue Fund to the I-FLY Fund. | ||||||
15 | (nn) In addition to any other transfers that may be | ||||||
16 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
17 | practical, the State Comptroller shall direct and the State | ||||||
18 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
19 | Revenue Fund to the African-American HIV/AIDS Response Fund. | ||||||
20 | (oo) In addition to any other transfers that may be | ||||||
21 | provided for by law, on and after July 1, 2006 and until June | ||||||
22 | 30, 2007, at the direction of and upon notification from the | ||||||
23 | Governor, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer amounts identified as net receipts | ||||||
25 | from the sale of all or part of the Illinois Student Assistance | ||||||
26 | Commission loan portfolio from the Student Loan Operating Fund |
| |||||||
| |||||||
1 | to the General Revenue Fund. The maximum amount that may be | ||||||
2 | transferred pursuant to this Section is $38,800,000. In | ||||||
3 | addition, no transfer may be made pursuant to this Section that | ||||||
4 | would have the effect of reducing the available balance in the | ||||||
5 | Student Loan Operating Fund to an amount less than the amount | ||||||
6 | remaining unexpended and unreserved from the total | ||||||
7 | appropriations from the Fund estimated to be expended for the | ||||||
8 | fiscal year. The State Treasurer and Comptroller shall transfer | ||||||
9 | the amounts designated under this Section as soon as may be | ||||||
10 | practical after receiving the direction to transfer from the | ||||||
11 | Governor.
| ||||||
12 | (pp)
In addition to any other transfers that may be | ||||||
13 | provided for by law, on July 1, 2006, or as soon thereafter as | ||||||
14 | practical, the State Comptroller shall direct and the State | ||||||
15 | Treasurer shall transfer the sum of $2,000,000 from the General | ||||||
16 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
17 | (qq) In addition to any other transfers that may be | ||||||
18 | provided for by law, on and after July 1, 2007 and until May 1, | ||||||
19 | 2008, at the direction of and upon notification from the | ||||||
20 | Governor, the State Comptroller shall direct and the State | ||||||
21 | Treasurer shall transfer amounts not exceeding a total of | ||||||
22 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
23 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
24 | retransferred by the State Comptroller and the State Treasurer | ||||||
25 | from the Tobacco Settlement Recovery Fund to the General | ||||||
26 | Revenue Fund at the direction of and upon notification from the |
| |||||||
| |||||||
1 | Governor, but in any event on or before June 30, 2008. | ||||||
2 | (rr) In addition to any other transfers that may be | ||||||
3 | provided for by law, on and after July 1, 2007 and until June | ||||||
4 | 30, 2008, at the direction of and upon notification from the | ||||||
5 | Governor, the State Comptroller shall direct and the State | ||||||
6 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
7 | Housing Trust Fund to the designated funds not exceeding the | ||||||
8 | following 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 | ||||||
15 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
16 | practical, the State Comptroller shall direct and the State | ||||||
17 | Treasurer shall transfer the sum of $8,250,000 from the General | ||||||
18 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
19 | Fund. | ||||||
20 | (tt) In addition to any other transfers that may be | ||||||
21 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
22 | practical, the State Comptroller shall direct and the State | ||||||
23 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
24 | Revenue Fund to the Violence Prevention Fund.
| ||||||
25 | (uu) In addition to any other transfers that may be | ||||||
26 | provided for by law, on July 1, 2007, or as soon thereafter as |
| |||||||
| |||||||
1 | practical, the State Comptroller shall direct and the State | ||||||
2 | Treasurer shall transfer the sum of $1,320,000 from the General | ||||||
3 | Revenue Fund to the I-FLY Fund. | ||||||
4 | (vv) In addition to any other transfers that may be | ||||||
5 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
6 | practical, the State Comptroller shall direct and the State | ||||||
7 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
8 | Revenue Fund to the African-American HIV/AIDS Response Fund. | ||||||
9 | (ww) In addition to any other transfers that may be | ||||||
10 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
11 | practical, the State Comptroller shall direct and the State | ||||||
12 | Treasurer shall transfer the sum of $3,500,000 from the General | ||||||
13 | Revenue Fund to the Predatory Lending Database Program Fund. | ||||||
14 | (xx) In addition to any other transfers that may be | ||||||
15 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
16 | practical, the State Comptroller shall direct and the State | ||||||
17 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
18 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
19 | (yy) In addition to any other transfers that may be | ||||||
20 | provided for by law, on July 1, 2007, or as soon thereafter as | ||||||
21 | practical, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer the sum of $4,000,000 from the General | ||||||
23 | Revenue Fund to the Digital Divide Elimination Infrastructure | ||||||
24 | Fund. | ||||||
25 | (zz) In addition to any other transfers that may be | ||||||
26 | provided for by law, on July 1, 2008, or as soon thereafter as |
| |||||||
| |||||||
1 | practical, the State Comptroller shall direct and the State | ||||||
2 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
3 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
4 | (aaa) In addition to any other transfers that may be | ||||||
5 | provided for by law, on and after July 1, 2008 and until May 1, | ||||||
6 | 2009, at the direction of and upon notification from the | ||||||
7 | Governor, the State Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer amounts not exceeding a total of | ||||||
9 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
10 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
11 | retransferred by the State Comptroller and the State Treasurer | ||||||
12 | from the Tobacco Settlement Recovery Fund to the General | ||||||
13 | Revenue Fund at the direction of and upon notification from the | ||||||
14 | Governor, but in any event on or before June 30, 2009. | ||||||
15 | (bbb) In addition to any other transfers that may be | ||||||
16 | provided for by law, on and after July 1, 2008 and until June | ||||||
17 | 30, 2009, at the direction of and upon notification from the | ||||||
18 | Governor, the State Comptroller shall direct and the State | ||||||
19 | Treasurer shall transfer amounts from the Illinois Affordable | ||||||
20 | Housing Trust Fund to the designated funds not exceeding the | ||||||
21 | following 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 |
| |||||||
| |||||||
1 | (ccc) In addition to any other transfers that may be | ||||||
2 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
3 | practical, the State Comptroller shall direct and the State | ||||||
4 | Treasurer shall transfer the sum of $7,450,000 from the General | ||||||
5 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
6 | Fund. | ||||||
7 | (ddd) In addition to any other transfers that may be | ||||||
8 | provided for by law, on July 1, 2008, or as soon thereafter as | ||||||
9 | practical, the State Comptroller shall direct and the State | ||||||
10 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
11 | Revenue Fund to the Violence Prevention Fund. | ||||||
12 | (eee) In addition to any other transfers that may be | ||||||
13 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
14 | practical, the State Comptroller shall direct and the State | ||||||
15 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
16 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
17 | (fff) In addition to any other transfers that may be | ||||||
18 | provided for by law, on and after July 1, 2009 and until May 1, | ||||||
19 | 2010, at the direction of and upon notification from the | ||||||
20 | Governor, the State Comptroller shall direct and the State | ||||||
21 | Treasurer shall transfer amounts not exceeding a total of | ||||||
22 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
23 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
24 | retransferred by the State Comptroller and the State Treasurer | ||||||
25 | from the Tobacco Settlement Recovery Fund to the General | ||||||
26 | Revenue Fund at the direction of and upon notification from the |
| |||||||
| |||||||
1 | Governor, but in any event on or before June 30, 2010. | ||||||
2 | (ggg) In addition to any other transfers that may be | ||||||
3 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
4 | practical, the State Comptroller shall direct and the State | ||||||
5 | Treasurer shall transfer the sum of $7,450,000 from the General | ||||||
6 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
7 | Fund. | ||||||
8 | (hhh) In addition to any other transfers that may be | ||||||
9 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
10 | practical, the State Comptroller shall direct and the State | ||||||
11 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
12 | Revenue Fund to the Violence Prevention Fund. | ||||||
13 | (iii) In addition to any other transfers that may be | ||||||
14 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
15 | practical, the State Comptroller shall direct and the State | ||||||
16 | Treasurer shall transfer the sum of $100,000 from the General | ||||||
17 | Revenue Fund to the Heartsaver AED Fund. | ||||||
18 | (jjj) In addition to any other transfers that may be | ||||||
19 | provided for by law, on and after July 1, 2009 and until June | ||||||
20 | 30, 2010, at the direction of and upon notification from the | ||||||
21 | Governor, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer amounts not exceeding a total of | ||||||
23 | $17,000,000 from the General Revenue Fund to the DCFS | ||||||
24 | Children's Services Fund. | ||||||
25 | (lll) In addition to any other transfers that may be | ||||||
26 | provided for by law, on July 1, 2009, or as soon thereafter as |
| |||||||
| |||||||
1 | practical, the State Comptroller shall direct and the State | ||||||
2 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
3 | Revenue Fund to the Communications Revolving Fund. | ||||||
4 | (mmm) In addition to any other transfers that may be | ||||||
5 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
6 | practical, the State Comptroller shall direct and the State | ||||||
7 | Treasurer shall transfer the sum of $9,700,000 from the General | ||||||
8 | Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||||||
9 | Revolving Fund. | ||||||
10 | (nnn) In addition to any other transfers that may be | ||||||
11 | provided for by law, on July 1, 2009, or as soon thereafter as | ||||||
12 | practical, the State Comptroller shall direct and the State | ||||||
13 | Treasurer shall transfer the sum of $565,000 from the FY09 | ||||||
14 | Budget Relief Fund to the Horse Racing Fund. | ||||||
15 | (ooo) In addition to any other transfers that may be | ||||||
16 | provided by law, on July 1, 2009, or as soon thereafter as | ||||||
17 | practical, the State Comptroller shall direct and the State | ||||||
18 | Treasurer shall transfer the sum of $600,000 from the General | ||||||
19 | Revenue Fund to the Temporary Relocation Expenses Revolving | ||||||
20 | Fund. | ||||||
21 | (ppp) In addition to any other transfers that may be | ||||||
22 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
23 | practical, the State Comptroller shall direct and the State | ||||||
24 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
25 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
26 | (qqq) In addition to any other transfers that may be |
| |||||||
| |||||||
1 | provided for by law, on and after July 1, 2010 and until May 1, | ||||||
2 | 2011, at the direction of and upon notification from the | ||||||
3 | Governor, the State Comptroller shall direct and the State | ||||||
4 | Treasurer shall transfer amounts not exceeding a total of | ||||||
5 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
6 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
7 | retransferred by the State Comptroller and the State Treasurer | ||||||
8 | from the Tobacco Settlement Recovery Fund to the General | ||||||
9 | Revenue Fund at the direction of and upon notification from the | ||||||
10 | Governor, but in any event on or before June 30, 2011. | ||||||
11 | (rrr) In addition to any other transfers that may be | ||||||
12 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
13 | practical, the State Comptroller shall direct and the State | ||||||
14 | Treasurer shall transfer the sum of $6,675,000 from the General | ||||||
15 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
16 | Fund. | ||||||
17 | (sss) In addition to any other transfers that may be | ||||||
18 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
19 | practical, the State Comptroller shall direct and the State | ||||||
20 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
21 | Revenue Fund to the Violence Prevention Fund. | ||||||
22 | (ttt) In addition to any other transfers that may be | ||||||
23 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
24 | practical, the State Comptroller shall direct and the State | ||||||
25 | Treasurer shall transfer the sum of $100,000 from the General | ||||||
26 | Revenue Fund to the Heartsaver AED Fund. |
| |||||||
| |||||||
1 | (uuu) In addition to any other transfers that may be | ||||||
2 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
3 | practical, the State Comptroller shall direct and the State | ||||||
4 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
5 | Revenue Fund to the Communications Revolving Fund. | ||||||
6 | (vvv) In addition to any other transfers that may be | ||||||
7 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
8 | practical, the State Comptroller shall direct and the State | ||||||
9 | Treasurer shall transfer the sum of $3,000,000 from the General | ||||||
10 | Revenue Fund to the Illinois Capital Revolving Loan Fund. | ||||||
11 | (www) In addition to any other transfers that may be | ||||||
12 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
13 | practical, the State Comptroller shall direct and the State | ||||||
14 | Treasurer shall transfer the sum of $17,000,000 from the | ||||||
15 | General Revenue Fund to the DCFS Children's Services Fund. | ||||||
16 | (xxx) In addition to any other transfers that may be | ||||||
17 | provided for by law, on July 1, 2010, or as soon thereafter as | ||||||
18 | practical, the State Comptroller shall direct and the State | ||||||
19 | Treasurer shall transfer the sum of $2,000,000 from the Digital | ||||||
20 | Divide Elimination Infrastructure Fund, of which $1,000,000 | ||||||
21 | shall go to the Workforce, Technology, and Economic Development | ||||||
22 | Fund and $1,000,000 to the Public Utility Fund. | ||||||
23 | (yyy) In addition to any other transfers that may be | ||||||
24 | provided for by law, on and after July 1, 2011 and until May 1, | ||||||
25 | 2012, at the direction of and upon notification from the | ||||||
26 | Governor, the State Comptroller shall direct and the State |
| |||||||
| |||||||
1 | Treasurer shall transfer amounts not exceeding a total of | ||||||
2 | $80,000,000 from the General Revenue Fund to the Tobacco | ||||||
3 | Settlement Recovery Fund. Any amounts so transferred shall be | ||||||
4 | retransferred by the State Comptroller and the State Treasurer | ||||||
5 | from the Tobacco Settlement Recovery Fund to the General | ||||||
6 | Revenue Fund at the direction of and upon notification from the | ||||||
7 | Governor, but in any event on or before June 30, 2012. | ||||||
8 | (zzz) In addition to any other transfers that may be | ||||||
9 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
10 | practical, the State Comptroller shall direct and the State | ||||||
11 | Treasurer shall transfer the sum of $1,000,000 from the General | ||||||
12 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
13 | (aaaa) In addition to any other transfers that may be | ||||||
14 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
15 | practical, the State Comptroller shall direct and the State | ||||||
16 | Treasurer shall transfer the sum of $8,000,000 from the General | ||||||
17 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
18 | Fund. | ||||||
19 | (bbbb) In addition to any other transfers that may be | ||||||
20 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
21 | practical, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
23 | Revenue Fund to the Violence Prevention Fund. | ||||||
24 | (cccc) In addition to any other transfers that may be | ||||||
25 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
26 | practical, the State Comptroller shall direct and the State |
| |||||||
| |||||||
1 | Treasurer shall transfer the sum of $14,100,000 from the | ||||||
2 | General Revenue Fund to the State Garage Revolving Fund. | ||||||
3 | (dddd) In addition to any other transfers that may be | ||||||
4 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
5 | practical, the State Comptroller shall direct and the State | ||||||
6 | Treasurer shall transfer the sum of $4,000,000 from the General | ||||||
7 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
8 | (eeee) In addition to any other transfers that may be | ||||||
9 | provided for by law, on July 1, 2011, or as soon thereafter as | ||||||
10 | practical, the State Comptroller shall direct and the State | ||||||
11 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
12 | Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||||||
13 | Revolving 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 | ||||||
18 | for by law, on and after July 1, 2012 and until May 1, 2013, at | ||||||
19 | the direction of and upon notification from the Governor, the | ||||||
20 | State Comptroller shall direct and the State Treasurer shall | ||||||
21 | transfer amounts not exceeding a total of $80,000,000 from the | ||||||
22 | General Revenue Fund to the Tobacco Settlement Recovery Fund. | ||||||
23 | Any amounts so transferred shall be retransferred by the State | ||||||
24 | Comptroller and the State Treasurer from the Tobacco Settlement | ||||||
25 | Recovery Fund to the General Revenue Fund at the direction of |
| |||||||
| |||||||
1 | and upon notification from the Governor, but in any event on or | ||||||
2 | before June 30, 2013.
| ||||||
3 | (b) In addition to any other transfers that may be provided | ||||||
4 | for by law, on and after July 1, 2013 and until May 1, 2014, at | ||||||
5 | the direction of and upon notification from the Governor, the | ||||||
6 | State Comptroller shall direct and the State Treasurer shall | ||||||
7 | transfer amounts not exceeding a total of $80,000,000 from the | ||||||
8 | General Revenue Fund to the Tobacco Settlement Recovery Fund. | ||||||
9 | Any amounts so transferred shall be retransferred by the State | ||||||
10 | Comptroller and the State Treasurer from the Tobacco Settlement | ||||||
11 | Recovery Fund to the General Revenue Fund at the direction of | ||||||
12 | and upon notification from the Governor, but in any event on or | ||||||
13 | before June 30, 2014. | ||||||
14 | (c) In addition to any other transfers that may be provided | ||||||
15 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
16 | practical, the State Comptroller shall direct and the State | ||||||
17 | Treasurer shall transfer the sum of $1,400,000 from the General | ||||||
18 | Revenue Fund to the ICJIA Violence Prevention Fund. | ||||||
19 | (d) In addition to any other transfers that may be provided | ||||||
20 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
21 | practical, the State Comptroller shall direct and the State | ||||||
22 | Treasurer shall transfer the sum of $1,500,000 from the General | ||||||
23 | Revenue Fund to the Illinois Veterans Assistance Fund. | ||||||
24 | (e) In addition to any other transfers that may be provided | ||||||
25 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
26 | practical, the State Comptroller shall direct and the State |
| |||||||
| |||||||
1 | Treasurer shall transfer the sum of $500,000 from the General | ||||||
2 | Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||||||
3 | Revolving Fund. | ||||||
4 | (f) In addition to any other transfers that may be provided | ||||||
5 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
6 | practical, the State Comptroller shall direct and the State | ||||||
7 | Treasurer shall transfer the sum of $4,000,000 from the General | ||||||
8 | Revenue Fund to the Digital Divide Elimination Fund. | ||||||
9 | (g) In addition to any other transfers that may be provided | ||||||
10 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
11 | practical, the State Comptroller shall direct and the State | ||||||
12 | Treasurer shall transfer the sum of $5,000,000 from the General | ||||||
13 | Revenue Fund to the Communications Revolving Fund. | ||||||
14 | (h) In addition to any other transfers that may be provided | ||||||
15 | for by law, on July 1, 2013, or as soon thereafter as | ||||||
16 | practical, the State Comptroller shall direct and the State | ||||||
17 | Treasurer shall transfer the sum of $9,800,000 from the General | ||||||
18 | Revenue Fund to the Presidential Library and Museum Operating | ||||||
19 | Fund. | ||||||
20 | (i) In addition to any other transfers that may be provided | ||||||
21 | for by law, on and after July 1, 2014 and until May 1, 2015, at | ||||||
22 | the direction of and upon notification from the Governor, the | ||||||
23 | State Comptroller shall direct and the State Treasurer shall | ||||||
24 | transfer amounts not exceeding a total of $80,000,000 from the | ||||||
25 | General Revenue Fund to the Tobacco Settlement Recovery Fund. | ||||||
26 | Any amounts so transferred shall be retransferred by the State |
| |||||||
| |||||||
1 | Comptroller and the State Treasurer from the Tobacco Settlement | ||||||
2 | Recovery Fund to the General Revenue Fund at the direction of | ||||||
3 | and upon notification from the Governor, but in any event on or | ||||||
4 | before June 30, 2015. | ||||||
5 | (j) In addition to any other transfers that may be provided | ||||||
6 | for by law, on July 1, 2014, or as soon thereafter as | ||||||
7 | practical, the State Comptroller shall direct and the State | ||||||
8 | Treasurer shall transfer the sum of $10,000,000 from the | ||||||
9 | General Revenue Fund to the Presidential Library and Museum | ||||||
10 | Operating Fund. | ||||||
11 | (k) In addition to any other transfers that may be provided | ||||||
12 | for by law, as soon as may be practical after the effective | ||||||
13 | date of this amendatory Act of the 100th General Assembly, the | ||||||
14 | State Comptroller shall direct and the State Treasurer shall | ||||||
15 | transfer the sum of $1,000,000 from the General Revenue Fund to | ||||||
16 | the Grant Accountability and Transparency Fund. | ||||||
17 | (l) In addition to any other transfers that may be provided | ||||||
18 | for by law, on July 1, 2017, or as soon thereafter as | ||||||
19 | practical, the State Comptroller shall direct and the State | ||||||
20 | Treasurer shall transfer the sum of $1,000,000 from the General | ||||||
21 | Revenue Fund to the Grant Accountability and Transparency Fund. | ||||||
22 | (m) Notwithstanding any other provision of law, in addition | ||||||
23 | to any other transfers that may be provided by law, on July 1, | ||||||
24 | 2017, or as soon thereafter as practical, the State Comptroller | ||||||
25 | shall direct and the State Treasurer shall transfer the | ||||||
26 | remaining balance from the Performance-enhancing Substance |
| |||||||
| |||||||
1 | Testing Fund into the General Revenue Fund. Upon completion of | ||||||
2 | the transfers, the Performance-enhancing Substance Testing | ||||||
3 | Fund is dissolved, and any future deposits due to that Fund and | ||||||
4 | any outstanding obligations or liabilities of that Fund pass to | ||||||
5 | the General Revenue Fund. | ||||||
6 | (Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; | ||||||
7 | 98-674, 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
| ||||||
11 | treasury fund for the objects specified in this Section may be | ||||||
12 | made in
the manner provided in this Section when the balance | ||||||
13 | remaining in one or
more such line item appropriations is | ||||||
14 | insufficient for the purpose for
which the appropriation was | ||||||
15 | made. | ||||||
16 | (a-1) No transfers may be made from one
agency to another | ||||||
17 | agency, nor may transfers be made from one institution
of | ||||||
18 | higher education to another institution of higher education | ||||||
19 | except as provided by subsection (a-4).
| ||||||
20 | (a-2) Except as otherwise provided in this Section, | ||||||
21 | transfers may be made only among the objects of expenditure | ||||||
22 | enumerated
in this Section, except that no funds may be | ||||||
23 | transferred from any
appropriation for personal services, from | ||||||
24 | any appropriation for State
contributions to the State | ||||||
25 | Employees' Retirement System, from any
separate appropriation |
| |||||||
| |||||||
1 | for employee retirement contributions paid by the
employer, nor | ||||||
2 | from any appropriation for State contribution for
employee | ||||||
3 | group insurance. During State fiscal year 2005, an agency may | ||||||
4 | transfer amounts among its appropriations within the same | ||||||
5 | treasury fund for personal services, employee retirement | ||||||
6 | contributions paid by employer, and State Contributions to | ||||||
7 | retirement systems; notwithstanding and in addition to the | ||||||
8 | transfers authorized in subsection (c) of this Section, the | ||||||
9 | fiscal year 2005 transfers authorized in this sentence may be | ||||||
10 | made in an amount not to exceed 2% of the aggregate amount | ||||||
11 | appropriated to an agency within the same treasury fund. During | ||||||
12 | State fiscal year 2007, the Departments of Children and Family | ||||||
13 | Services, Corrections, Human Services, and Juvenile Justice | ||||||
14 | may transfer amounts among their respective appropriations | ||||||
15 | within the same treasury fund for personal services, employee | ||||||
16 | retirement contributions paid by employer, and State | ||||||
17 | contributions to retirement systems. During State fiscal year | ||||||
18 | 2010, the Department of Transportation may transfer amounts | ||||||
19 | among their respective appropriations within the same treasury | ||||||
20 | fund for personal services, employee retirement contributions | ||||||
21 | paid by employer, and State contributions to retirement | ||||||
22 | systems. During State fiscal years 2010 and 2014 only, an | ||||||
23 | agency may transfer amounts among its respective | ||||||
24 | appropriations within the same treasury fund for personal | ||||||
25 | services, employee retirement contributions paid by employer, | ||||||
26 | and State contributions to retirement systems. |
| |||||||
| |||||||
1 | Notwithstanding, and in addition to, the transfers authorized | ||||||
2 | in subsection (c) of this Section, these transfers may be made | ||||||
3 | in an amount not to exceed 2% of the aggregate amount | ||||||
4 | appropriated to an agency within the same treasury fund.
| ||||||
5 | (a-2.5) During State fiscal year 2015 only, the State's | ||||||
6 | Attorneys Appellate Prosecutor may transfer amounts among its | ||||||
7 | respective appropriations contained in operational line items | ||||||
8 | within the same treasury fund. Notwithstanding, and in addition | ||||||
9 | to, the transfers authorized in subsection (c) of this Section, | ||||||
10 | these transfers may be made in an amount not to exceed 4% of | ||||||
11 | the aggregate amount appropriated to the State's Attorneys | ||||||
12 | Appellate Prosecutor within the same treasury fund. | ||||||
13 | (a-3) Further, if an agency receives a separate
| ||||||
14 | appropriation for employee retirement contributions paid by | ||||||
15 | the employer,
any transfer by that agency into an appropriation | ||||||
16 | for personal services
must be accompanied by a corresponding | ||||||
17 | transfer into the appropriation for
employee retirement | ||||||
18 | contributions paid by the employer, in an amount
sufficient to | ||||||
19 | meet the employer share of the employee contributions
required | ||||||
20 | to be remitted to the retirement system. | ||||||
21 | (a-4) Long-Term Care Rebalancing. The Governor may | ||||||
22 | designate amounts set aside for institutional services | ||||||
23 | appropriated from the General Revenue Fund or any other State | ||||||
24 | fund that receives monies for long-term care services to be | ||||||
25 | transferred to all State agencies responsible for the | ||||||
26 | administration of community-based long-term care programs, |
| |||||||
| |||||||
1 | including, but not limited to, community-based long-term care | ||||||
2 | programs administered by the Department of Healthcare and | ||||||
3 | Family Services, the Department of Human Services, and the | ||||||
4 | Department on Aging, provided that the Director of Healthcare | ||||||
5 | and Family Services first certifies that the amounts being | ||||||
6 | transferred are necessary for the purpose of assisting persons | ||||||
7 | in or at risk of being in institutional care to transition to | ||||||
8 | community-based settings, including the financial data needed | ||||||
9 | to prove the need for the transfer of funds. The total amounts | ||||||
10 | transferred shall not exceed 4% in total of the amounts | ||||||
11 | appropriated from the General Revenue Fund or any other State | ||||||
12 | fund that receives monies for long-term care services for each | ||||||
13 | fiscal year. A notice of the fund transfer must be made to the | ||||||
14 | General Assembly and posted at a minimum on the Department of | ||||||
15 | Healthcare and Family Services website, the Governor's Office | ||||||
16 | of Management and Budget website, and any other website the | ||||||
17 | Governor sees fit. These postings shall serve as notice to the | ||||||
18 | General Assembly of the amounts to be transferred. Notice shall | ||||||
19 | be given at least 30 days prior to transfer. | ||||||
20 | (b) In addition to the general transfer authority provided | ||||||
21 | under
subsection (c), the following agencies have the specific | ||||||
22 | transfer authority
granted in this subsection: | ||||||
23 | The Department of Healthcare and Family Services is | ||||||
24 | authorized to make transfers
representing savings attributable | ||||||
25 | to not increasing grants due to the
births of additional | ||||||
26 | children from line items for payments of cash grants to
line |
| |||||||
| |||||||
1 | items for payments for employment and social services for the | ||||||
2 | purposes
outlined in subsection (f) of Section 4-2 of the | ||||||
3 | Illinois Public Aid Code. | ||||||
4 | The Department of Children and Family Services is | ||||||
5 | authorized to make
transfers not exceeding 2% of the aggregate | ||||||
6 | amount appropriated to it within
the same treasury fund for the | ||||||
7 | following line items among these same line
items: Foster Home | ||||||
8 | and Specialized Foster Care and Prevention, Institutions
and | ||||||
9 | Group Homes and Prevention, and Purchase of Adoption and | ||||||
10 | Guardianship
Services. | ||||||
11 | The Department on Aging is authorized to make transfers not
| ||||||
12 | exceeding 2% of the aggregate amount appropriated to it within | ||||||
13 | the same
treasury fund for the following Community Care Program | ||||||
14 | line items among these
same line items: purchase of services | ||||||
15 | covered by the Community Care Program and Comprehensive Case | ||||||
16 | Coordination. | ||||||
17 | The State Treasurer is authorized to make transfers among | ||||||
18 | line item
appropriations
from the Capital Litigation Trust | ||||||
19 | Fund, with respect to costs incurred in
fiscal years 2002 and | ||||||
20 | 2003 only, when the balance remaining in one or
more such
line | ||||||
21 | item appropriations is insufficient for the purpose for which | ||||||
22 | the
appropriation was
made, provided that no such transfer may | ||||||
23 | be made unless the amount transferred
is no
longer required for | ||||||
24 | the purpose for which that appropriation was made. | ||||||
25 | The State Board of Education is authorized to make | ||||||
26 | transfers from line item appropriations within the same |
| |||||||
| |||||||
1 | treasury fund for General State Aid and General State Aid - | ||||||
2 | Hold Harmless, provided that no such transfer may be made | ||||||
3 | unless the amount transferred is no longer required for the | ||||||
4 | purpose for which that appropriation was made, to the line item | ||||||
5 | appropriation for Transitional Assistance when the balance | ||||||
6 | remaining in such line item appropriation is insufficient for | ||||||
7 | the purpose for which the appropriation was made. | ||||||
8 | The State Board of Education is authorized to make | ||||||
9 | transfers between the following line item appropriations | ||||||
10 | within the same treasury fund: Disabled Student | ||||||
11 | Services/Materials (Section 14-13.01 of the School Code), | ||||||
12 | Disabled Student Transportation Reimbursement (Section | ||||||
13 | 14-13.01 of the School Code), Disabled Student Tuition - | ||||||
14 | Private Tuition (Section 14-7.02 of the School Code), | ||||||
15 | Extraordinary Special Education (Section 14-7.02b of the | ||||||
16 | School Code), Reimbursement for Free Lunch/Breakfast Program, | ||||||
17 | Summer School Payments (Section 18-4.3 of the School Code), and | ||||||
18 | Transportation - Regular/Vocational Reimbursement (Section | ||||||
19 | 29-5 of the School Code). Such transfers shall be made only | ||||||
20 | when the balance remaining in one or more such line item | ||||||
21 | appropriations is insufficient for the purpose for which the | ||||||
22 | appropriation was made and provided that no such transfer may | ||||||
23 | be made unless the amount transferred is no longer required for | ||||||
24 | the purpose for which that appropriation was made. | ||||||
25 | The Department of Healthcare and Family Services is | ||||||
26 | authorized to make transfers not exceeding 4% of the aggregate |
| |||||||
| |||||||
1 | amount appropriated to it, within the same treasury fund, among | ||||||
2 | the various line items appropriated for Medical Assistance. | ||||||
3 | (c) The sum of such transfers for an agency in a fiscal | ||||||
4 | year shall not
exceed 2% of the aggregate amount appropriated | ||||||
5 | to it within the same treasury
fund for the following objects: | ||||||
6 | Personal Services; Extra Help; Student and
Inmate | ||||||
7 | Compensation; State Contributions to Retirement Systems; State
| ||||||
8 | Contributions to Social Security; State Contribution for | ||||||
9 | Employee Group
Insurance; Contractual Services; Travel; | ||||||
10 | Commodities; Printing; Equipment;
Electronic Data Processing; | ||||||
11 | Operation of Automotive Equipment;
Telecommunications | ||||||
12 | Services; Travel and Allowance for Committed, Paroled
and | ||||||
13 | Discharged Prisoners; Library Books; Federal Matching Grants | ||||||
14 | for
Student Loans; Refunds; Workers' Compensation, | ||||||
15 | Occupational Disease, and
Tort Claims; and, in appropriations | ||||||
16 | to institutions of higher education,
Awards and Grants. | ||||||
17 | Notwithstanding the above, any amounts appropriated for
| ||||||
18 | payment of workers' compensation claims to an agency to which | ||||||
19 | the authority
to evaluate, administer and pay such claims has | ||||||
20 | been delegated by the
Department of Central Management Services | ||||||
21 | may be transferred to any other
expenditure object where such | ||||||
22 | amounts exceed the amount necessary for the
payment of such | ||||||
23 | claims. | ||||||
24 | (c-1) Special provisions for State fiscal year 2003. | ||||||
25 | Notwithstanding any
other provision of this Section to the | ||||||
26 | contrary, for State fiscal year 2003
only, transfers among line |
| |||||||
| |||||||
1 | item appropriations to an agency from the same
treasury fund | ||||||
2 | may be made provided that the sum of such transfers for an | ||||||
3 | agency
in State fiscal year 2003 shall not exceed 3% of the | ||||||
4 | aggregate amount
appropriated to that State agency for State | ||||||
5 | fiscal year 2003 for the following
objects: personal services, | ||||||
6 | except that no transfer may be approved which
reduces the | ||||||
7 | aggregate appropriations for personal services within an | ||||||
8 | agency;
extra help; student and inmate compensation; State
| ||||||
9 | contributions to retirement systems; State contributions to | ||||||
10 | social security;
State contributions for employee group | ||||||
11 | insurance; contractual services; travel;
commodities; | ||||||
12 | printing; equipment; electronic data processing; operation of
| ||||||
13 | automotive equipment; telecommunications services; travel and | ||||||
14 | allowance for
committed, paroled, and discharged prisoners; | ||||||
15 | library books; federal matching
grants for student loans; | ||||||
16 | refunds; workers' compensation, occupational disease,
and tort | ||||||
17 | claims; and, in appropriations to institutions of higher | ||||||
18 | education,
awards and grants. | ||||||
19 | (c-2) Special provisions for State fiscal year 2005. | ||||||
20 | Notwithstanding subsections (a), (a-2), and (c), for State | ||||||
21 | fiscal year 2005 only, transfers may be made among any line | ||||||
22 | item appropriations from the same or any other treasury fund | ||||||
23 | for any objects or purposes, without limitation, when the | ||||||
24 | balance remaining in one or more such line item appropriations | ||||||
25 | is insufficient for the purpose for which the appropriation was | ||||||
26 | made, provided that the sum of those transfers by a State |
| |||||||
| |||||||
1 | agency shall not exceed 4% of the aggregate amount appropriated | ||||||
2 | to that State agency for fiscal year 2005.
| ||||||
3 | (c-3) Special provisions for State fiscal year 2015. | ||||||
4 | Notwithstanding any other provision of this Section, for State | ||||||
5 | fiscal year 2015, transfers among line item appropriations to a | ||||||
6 | State agency from the same State treasury fund may be made for | ||||||
7 | operational or lump sum expenses only, provided that the sum of | ||||||
8 | such transfers for a State agency in State fiscal year 2015 | ||||||
9 | shall not exceed 4% of the aggregate amount appropriated to | ||||||
10 | that State agency for operational or lump sum expenses for | ||||||
11 | State fiscal year 2015. For the purpose of this subsection, | ||||||
12 | "operational or lump sum expenses" includes the following | ||||||
13 | objects: personal services; extra help; student and inmate | ||||||
14 | compensation; State contributions to retirement systems; State | ||||||
15 | contributions to social security; State contributions for | ||||||
16 | employee group insurance; contractual services; travel; | ||||||
17 | commodities; printing; equipment; electronic data processing; | ||||||
18 | operation of automotive equipment; telecommunications | ||||||
19 | services; travel and allowance for committed, paroled, and | ||||||
20 | discharged prisoners; library books; federal matching grants | ||||||
21 | for student loans; refunds; workers' compensation, | ||||||
22 | occupational disease, and tort claims; lump sum and other | ||||||
23 | purposes; and lump sum operations. For the purpose of this | ||||||
24 | subsection (c-3), "State agency" does not include the Attorney | ||||||
25 | General, the Secretary of State, the Comptroller, the | ||||||
26 | Treasurer, or the legislative or judicial branches. |
| |||||||
| |||||||
1 | (c-4) Special provisions for State fiscal year 2018. | ||||||
2 | Notwithstanding any other provision of this Section, for State | ||||||
3 | fiscal year 2018, transfers among line item appropriations to a | ||||||
4 | State agency from the same State treasury fund may be made for | ||||||
5 | operational or lump sum expenses only. The sum of such | ||||||
6 | transfers for a State agency in State fiscal year 2018 shall | ||||||
7 | not exceed 4% of the aggregate amount appropriated to that | ||||||
8 | State agency for operational or lump sum expenses for State | ||||||
9 | fiscal year 2018. For the purpose of this subsection (c-4), | ||||||
10 | "operational or lump sum expenses" includes the following | ||||||
11 | objects: personal services; extra help; student and inmate | ||||||
12 | compensation; State contributions to retirement systems; State | ||||||
13 | contributions to social security; State contributions for | ||||||
14 | employee group insurance; contractual services; travel; | ||||||
15 | commodities; printing; equipment; electronic data processing; | ||||||
16 | operation of automotive equipment; telecommunications | ||||||
17 | services; travel and allowance for committed, paroled, and | ||||||
18 | discharged prisoners; library books; federal matching grants | ||||||
19 | for student loans; refunds; workers' compensation, | ||||||
20 | occupational disease, and tort claims; lump sum and other | ||||||
21 | purposes; and lump sum operations. For the purpose of this | ||||||
22 | subsection (c-4), "State agency" does not include the Attorney | ||||||
23 | General, the Secretary of State, the Comptroller, the | ||||||
24 | Treasurer, or the legislative or judicial branches. | ||||||
25 | (d) Transfers among appropriations made to agencies of the | ||||||
26 | Legislative
and Judicial departments and to the |
| |||||||
| |||||||
1 | constitutionally elected officers in the
Executive branch | ||||||
2 | require the approval of the officer authorized in Section 10
of | ||||||
3 | this Act to approve and certify vouchers. Transfers among | ||||||
4 | appropriations
made to the University of Illinois, Southern | ||||||
5 | Illinois University, Chicago State
University, Eastern | ||||||
6 | Illinois University, Governors State University, Illinois
| ||||||
7 | State University, Northeastern Illinois University, Northern | ||||||
8 | Illinois
University, Western Illinois University, the Illinois | ||||||
9 | Mathematics and Science
Academy and the Board of Higher | ||||||
10 | Education require the approval of the Board of
Higher Education | ||||||
11 | and the Governor. Transfers among appropriations to all other
| ||||||
12 | agencies require the approval of the Governor. | ||||||
13 | The officer responsible for approval shall certify that the
| ||||||
14 | transfer is necessary to carry out the programs and purposes | ||||||
15 | for which
the appropriations were made by the General Assembly | ||||||
16 | and shall transmit
to the State Comptroller a certified copy of | ||||||
17 | the approval which shall
set forth the specific amounts | ||||||
18 | transferred so that the Comptroller may
change his records | ||||||
19 | accordingly. The Comptroller shall furnish the
Governor with | ||||||
20 | information copies of all transfers approved for agencies
of | ||||||
21 | the Legislative and Judicial departments and transfers | ||||||
22 | approved by
the constitutionally elected officials of the | ||||||
23 | Executive branch other
than the Governor, showing the amounts | ||||||
24 | transferred and indicating the
dates such changes were entered | ||||||
25 | on the Comptroller's records. | ||||||
26 | (e) The State Board of Education, in consultation with the |
| |||||||
| |||||||
1 | State Comptroller, may transfer line item appropriations for | ||||||
2 | General State Aid between the Common School Fund and the | ||||||
3 | Education Assistance Fund. With the advice and consent of the | ||||||
4 | Governor's Office of Management and Budget, the State Board of | ||||||
5 | Education, in consultation with the State Comptroller, may | ||||||
6 | transfer line item appropriations between the General Revenue | ||||||
7 | Fund and the Education Assistance Fund for the following | ||||||
8 | programs: | ||||||
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, |
| |||||||
| |||||||
1 | eff. 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 | ||||||
5 | for the fiscal year or for a lesser period if the
Act making | ||||||
6 | that appropriation so specifies. A deficiency or emergency
| ||||||
7 | appropriation shall be available for expenditure only through | ||||||
8 | June 30 of
the year when the Act making that appropriation is | ||||||
9 | enacted unless that Act
otherwise provides.
| ||||||
10 | (b) Outstanding liabilities as of June 30, payable from | ||||||
11 | appropriations
which have otherwise expired, may be paid out of | ||||||
12 | the expiring
appropriations during the 2-month period ending at | ||||||
13 | the
close of business on August 31. Any service involving
| ||||||
14 | professional or artistic skills or any personal services by an | ||||||
15 | employee whose
compensation is subject to income tax | ||||||
16 | withholding must be performed as of June
30 of the fiscal year | ||||||
17 | in order to be considered an "outstanding liability as of
June | ||||||
18 | 30" that is thereby eligible for payment out of the expiring
| ||||||
19 | appropriation.
| ||||||
20 | (b-1) However, payment of tuition reimbursement claims | ||||||
21 | under Section 14-7.03 or
18-3 of the School Code may be made by | ||||||
22 | the State Board of Education from its
appropriations for those | ||||||
23 | respective purposes for any fiscal year, even though
the claims | ||||||
24 | reimbursed by the payment may be claims attributable to a prior
| ||||||
25 | fiscal year, and payments may be made at the direction of the |
| |||||||
| |||||||
1 | State
Superintendent of Education from the fund from which the | ||||||
2 | appropriation is made
without regard to any fiscal year | ||||||
3 | limitations, except as required by subsection (j) of this | ||||||
4 | Section. Beginning on June 30, 2021, payment of tuition | ||||||
5 | reimbursement claims under Section 14-7.03 or 18-3 of the | ||||||
6 | School Code as of June 30, payable from appropriations that | ||||||
7 | have otherwise expired, may be paid out of the expiring | ||||||
8 | appropriation during the 4-month period ending at the close of | ||||||
9 | business on October 31.
| ||||||
10 | (b-2) All outstanding liabilities as of June 30, 2010, | ||||||
11 | payable from appropriations that would otherwise expire at the | ||||||
12 | conclusion of the lapse period for fiscal year 2010, and | ||||||
13 | interest penalties payable on those liabilities under the State | ||||||
14 | Prompt Payment Act, may be paid out of the expiring | ||||||
15 | appropriations until December 31, 2010, without regard to the | ||||||
16 | fiscal year in which the payment is made, as long as vouchers | ||||||
17 | for the liabilities are received by the Comptroller no later | ||||||
18 | than August 31, 2010. | ||||||
19 | (b-2.5) All outstanding liabilities as of June 30, 2011, | ||||||
20 | payable from appropriations that would otherwise expire at the | ||||||
21 | conclusion of the lapse period for fiscal year 2011, and | ||||||
22 | interest penalties payable on those liabilities under the State | ||||||
23 | Prompt Payment Act, may be paid out of the expiring | ||||||
24 | appropriations until December 31, 2011, without regard to the | ||||||
25 | fiscal year in which the payment is made, as long as vouchers | ||||||
26 | for the liabilities are received by the Comptroller no later |
| |||||||
| |||||||
1 | than August 31, 2011. | ||||||
2 | (b-2.6) All outstanding liabilities as of June 30, 2012, | ||||||
3 | payable from appropriations that would otherwise expire at the | ||||||
4 | conclusion of the lapse period for fiscal year 2012, and | ||||||
5 | interest penalties payable on those liabilities under the State | ||||||
6 | Prompt Payment Act, may be paid out of the expiring | ||||||
7 | appropriations until December 31, 2012, without regard to the | ||||||
8 | fiscal year in which the payment is made, as long as vouchers | ||||||
9 | for the liabilities are received by the Comptroller no later | ||||||
10 | than August 31, 2012. | ||||||
11 | (b-2.6a) All outstanding liabilities as of June 30, 2017, | ||||||
12 | payable from appropriations that would otherwise expire at the | ||||||
13 | conclusion of the lapse period for fiscal year 2017, and | ||||||
14 | interest penalties payable on those liabilities under the State | ||||||
15 | Prompt Payment Act, may be paid out of the expiring | ||||||
16 | appropriations until December 31, 2017, without regard to the | ||||||
17 | fiscal year in which the payment is made, as long as vouchers | ||||||
18 | for the liabilities are received by the Comptroller no later | ||||||
19 | than September 30, 2017. | ||||||
20 | (b-2.7) For fiscal years 2012, 2013, and 2014, interest | ||||||
21 | penalties payable under the State Prompt Payment Act associated | ||||||
22 | with a voucher for which payment is issued after June 30 may be | ||||||
23 | paid out of the next fiscal year's appropriation. The future | ||||||
24 | year appropriation must be for the same purpose and from the | ||||||
25 | same fund as the original payment. An interest penalty voucher | ||||||
26 | submitted against a future year appropriation must be submitted |
| |||||||
| |||||||
1 | within 60 days after the issuance of the associated voucher, | ||||||
2 | and the Comptroller must issue the interest payment within 60 | ||||||
3 | days after acceptance of the interest voucher. | ||||||
4 | (b-3) Medical payments may be made by the Department of | ||||||
5 | Veterans' Affairs from
its
appropriations for those purposes | ||||||
6 | for any fiscal year, without regard to the
fact that the | ||||||
7 | medical services being compensated for by such payment may have
| ||||||
8 | been rendered in a prior fiscal year, except as required by | ||||||
9 | subsection (j) of this Section. Beginning on June 30, 2021, | ||||||
10 | medical payments payable from appropriations that have | ||||||
11 | otherwise expired may be paid out of the expiring appropriation | ||||||
12 | during the 4-month period ending at the close of business on | ||||||
13 | October 31.
| ||||||
14 | (b-4) Medical payments and child care
payments may be made | ||||||
15 | by the Department of
Human Services (as successor to the | ||||||
16 | Department of Public Aid) from
appropriations for those | ||||||
17 | purposes for any fiscal year,
without regard to the fact that | ||||||
18 | the medical or child care services being
compensated for by | ||||||
19 | such payment may have been rendered in a prior fiscal
year; and | ||||||
20 | payments may be made at the direction of the Department of
| ||||||
21 | Healthcare and Family Services (or successor agency) from the | ||||||
22 | Health Insurance Reserve Fund without regard to any fiscal
year | ||||||
23 | limitations, except as required by subsection (j) of this | ||||||
24 | Section. Beginning on June 30, 2021, medical and child care | ||||||
25 | payments made by the Department of Human Services and payments | ||||||
26 | made at the discretion of the Department of Healthcare and |
| |||||||
| |||||||
1 | Family Services (or successor agency) from the Health Insurance | ||||||
2 | Reserve Fund and payable from appropriations that have | ||||||
3 | otherwise expired may be paid out of the expiring appropriation | ||||||
4 | during the 4-month period ending at the close of business on | ||||||
5 | October 31.
| ||||||
6 | (b-5) Medical payments may be made by the Department of | ||||||
7 | Human Services from its appropriations relating to substance | ||||||
8 | abuse treatment services for any fiscal year, without regard to | ||||||
9 | the fact that the medical services being compensated for by | ||||||
10 | such payment may have been rendered in a prior fiscal year, | ||||||
11 | provided the payments are made on a fee-for-service basis | ||||||
12 | consistent with requirements established for Medicaid | ||||||
13 | reimbursement by the Department of Healthcare and Family | ||||||
14 | Services, except as required by subsection (j) of this Section. | ||||||
15 | Beginning on June 30, 2021, medical payments made by the | ||||||
16 | Department of Human Services relating to substance abuse | ||||||
17 | treatment services payable from appropriations that have | ||||||
18 | otherwise expired may be paid out of the expiring appropriation | ||||||
19 | during the 4-month period ending at the close of business on | ||||||
20 | October 31. | ||||||
21 | (b-6) Additionally, payments may be made by the Department | ||||||
22 | of Human Services from
its appropriations, or any other State | ||||||
23 | agency from its appropriations with
the approval of the | ||||||
24 | Department of Human Services, from the Immigration Reform
and | ||||||
25 | Control Fund for purposes authorized pursuant to the | ||||||
26 | Immigration Reform
and Control Act of 1986, without regard to |
| |||||||
| |||||||
1 | any fiscal year limitations, except as required by subsection | ||||||
2 | (j) of this Section. Beginning on June 30, 2021, payments made | ||||||
3 | by the Department of Human Services from the Immigration Reform | ||||||
4 | and Control Fund for purposes authorized pursuant to the | ||||||
5 | Immigration Reform and Control Act of 1986 payable from | ||||||
6 | appropriations that have otherwise expired may be paid out of | ||||||
7 | the expiring appropriation during the 4-month period ending at | ||||||
8 | the close of business on October 31.
| ||||||
9 | (b-7) Payments may be made in accordance with a plan | ||||||
10 | authorized by paragraph (11) or (12) of Section 405-105 of the | ||||||
11 | Department of Central Management Services Law from | ||||||
12 | appropriations for those payments without regard to fiscal year | ||||||
13 | limitations. | ||||||
14 | (b-8) Reimbursements to eligible airport sponsors for the | ||||||
15 | construction or upgrading of Automated Weather Observation | ||||||
16 | Systems may be made by the Department of Transportation from | ||||||
17 | appropriations for those purposes for any fiscal year, without | ||||||
18 | regard to the fact that the qualification or obligation may | ||||||
19 | have occurred in a prior fiscal year, provided that at the time | ||||||
20 | the expenditure was made the project had been approved by the | ||||||
21 | Department of Transportation prior to June 1, 2012 and, as a | ||||||
22 | result of recent changes in federal funding formulas, can no | ||||||
23 | longer receive federal reimbursement. | ||||||
24 | (b-9) Medical payments not exceeding $150,000,000 may be | ||||||
25 | made by the Department on Aging from its appropriations | ||||||
26 | relating to the Community Care Program for fiscal year 2014, |
| |||||||
| |||||||
1 | without regard to the fact that the medical services being | ||||||
2 | compensated for by such payment may have been rendered in a | ||||||
3 | prior fiscal year, provided the payments are made on a | ||||||
4 | fee-for-service basis consistent with requirements established | ||||||
5 | for Medicaid reimbursement by the Department of Healthcare and | ||||||
6 | Family Services, except as required by subsection (j) of this | ||||||
7 | Section. | ||||||
8 | (c) Further, payments may be made by the Department of | ||||||
9 | Public Health and the
Department of Human Services (acting as | ||||||
10 | successor to the Department of Public
Health under the | ||||||
11 | Department of Human Services Act)
from their respective | ||||||
12 | appropriations for grants for medical care to or on
behalf of | ||||||
13 | premature and high-mortality risk infants and their mothers and
| ||||||
14 | for grants for supplemental food supplies provided under the | ||||||
15 | United States
Department of Agriculture Women, Infants and | ||||||
16 | Children Nutrition Program,
for any fiscal year without regard | ||||||
17 | to the fact that the services being
compensated for by such | ||||||
18 | payment may have been rendered in a prior fiscal year, except | ||||||
19 | as required by subsection (j) of this Section. Beginning on | ||||||
20 | June 30, 2021, payments made by the Department of Public Health | ||||||
21 | and the Department of Human Services from their respective | ||||||
22 | appropriations for grants for medical care to or on behalf of | ||||||
23 | premature and high-mortality risk infants and their mothers and | ||||||
24 | for grants for supplemental food supplies provided under the | ||||||
25 | United States Department of Agriculture Women, Infants and | ||||||
26 | Children Nutrition Program payable from appropriations that |
| |||||||
| |||||||
1 | have otherwise expired may be paid out of the expiring | ||||||
2 | appropriations during the 4-month period ending at the close of | ||||||
3 | business on October 31.
| ||||||
4 | (d) The Department of Public Health and the Department of | ||||||
5 | Human Services
(acting as successor to the Department of Public | ||||||
6 | Health under the Department of
Human Services Act) shall each | ||||||
7 | annually submit to the State Comptroller, Senate
President, | ||||||
8 | Senate
Minority Leader, Speaker of the House, House Minority | ||||||
9 | Leader, and the
respective Chairmen and Minority Spokesmen of | ||||||
10 | the
Appropriations Committees of the Senate and the House, on | ||||||
11 | or before
December 31, a report of fiscal year funds used to | ||||||
12 | pay for services
provided in any prior fiscal year. This report | ||||||
13 | shall document by program or
service category those | ||||||
14 | expenditures from the most recently completed fiscal
year used | ||||||
15 | to pay for services provided in prior fiscal years.
| ||||||
16 | (e) The Department of Healthcare and Family Services, the | ||||||
17 | Department of Human Services
(acting as successor to the | ||||||
18 | Department of Public Aid), and the Department of Human Services | ||||||
19 | making fee-for-service payments relating to substance abuse | ||||||
20 | treatment services provided during a previous fiscal year shall | ||||||
21 | each annually
submit to the State
Comptroller, Senate | ||||||
22 | President, Senate Minority Leader, Speaker of the House,
House | ||||||
23 | Minority Leader, the respective Chairmen and Minority | ||||||
24 | Spokesmen of the
Appropriations Committees of the Senate and | ||||||
25 | the House, on or before November
30, a report that shall | ||||||
26 | document by program or service category those
expenditures from |
| |||||||
| |||||||
1 | the most recently completed fiscal year used to pay for (i)
| ||||||
2 | services provided in prior fiscal years and (ii) services for | ||||||
3 | which claims were
received in prior fiscal years.
| ||||||
4 | (f) The Department of Human Services (as successor to the | ||||||
5 | Department of
Public Aid) shall annually submit to the State
| ||||||
6 | Comptroller, Senate President, Senate Minority Leader, Speaker | ||||||
7 | of the House,
House Minority Leader, and the respective | ||||||
8 | Chairmen and Minority Spokesmen of
the Appropriations | ||||||
9 | Committees of the Senate and the House, on or before
December | ||||||
10 | 31, a report
of fiscal year funds used to pay for services | ||||||
11 | (other than medical care)
provided in any prior fiscal year. | ||||||
12 | This report shall document by program or
service category those | ||||||
13 | expenditures from the most recently completed fiscal
year used | ||||||
14 | to pay for services provided in prior fiscal years.
| ||||||
15 | (g) In addition, each annual report required to be | ||||||
16 | submitted by the
Department of Healthcare and Family Services | ||||||
17 | under subsection (e) shall include the following
information | ||||||
18 | with 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.
|
| |||||||
| |||||||
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 | ||||||
4 | Compensation Act,
any utility bill for service provided to a | ||||||
5 | General Assembly
member's district office for a period | ||||||
6 | including portions of 2 consecutive
fiscal years may be paid | ||||||
7 | from funds appropriated for such expenditure in
either fiscal | ||||||
8 | year.
| ||||||
9 | (i) An agency which administers a fund classified by the | ||||||
10 | Comptroller 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.
| ||||||
25 | User agencies are authorized to reimburse internal service | ||||||
26 | funds for catch-up
billings by vouchers drawn against their |
| |||||||
| |||||||
1 | respective appropriations for the
fiscal year in which the | ||||||
2 | catch-up billing was issued or by increasing an authorized | ||||||
3 | inter-fund transfer during the current fiscal year. For the | ||||||
4 | purposes of this Act, "inter-fund transfers" means transfers | ||||||
5 | without the use of the voucher-warrant process, as authorized | ||||||
6 | by Section 9.01 of the State Comptroller Act.
| ||||||
7 | (i-1) Beginning on July 1, 2021, all outstanding | ||||||
8 | liabilities, not payable during the 4-month lapse period as | ||||||
9 | described 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 | ||||||
11 | purpose for any fiscal year, without regard to the fact that | ||||||
12 | the services being compensated for by those payments may have | ||||||
13 | been rendered in a prior fiscal year, are limited to only those | ||||||
14 | claims that have been incurred but for which a proper bill or | ||||||
15 | invoice as defined by the State Prompt Payment Act has not been | ||||||
16 | received by September 30th following the end of the fiscal year | ||||||
17 | in which the service was rendered. | ||||||
18 | (j) Notwithstanding any other provision of this Act, the | ||||||
19 | aggregate amount of payments to be made without regard for | ||||||
20 | fiscal year limitations as contained in subsections (b-1), | ||||||
21 | (b-3), (b-4), (b-5), (b-6), and (c) of this Section, and | ||||||
22 | determined by using Generally Accepted Accounting Principles, | ||||||
23 | shall 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 |
| |||||||
| |||||||
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 | ||||||
19 | Assistance 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | shall be effective for payment of Medical Assistance bills | ||||||
2 | incurred in fiscal year 2013 and future fiscal years. The | ||||||
3 | changes to this Section made by Public Act 97-691 shall not be | ||||||
4 | applied to Medical Assistance bills incurred in fiscal year | ||||||
5 | 2012 or prior fiscal years. | ||||||
6 | (m) The Comptroller must issue payments against | ||||||
7 | outstanding liabilities that were received prior to the lapse | ||||||
8 | period deadlines set forth in this Section as soon thereafter | ||||||
9 | as practical, but no payment may be issued after the 4 months | ||||||
10 | following the lapse period deadline without the signed | ||||||
11 | authorization of the Comptroller and the Governor. | ||||||
12 | (Source: P.A. 97-75, eff. 6-30-11; 97-333, eff. 8-12-11; | ||||||
13 | 97-691, eff. 7-1-12; 97-732, eff. 6-30-12; 97-932, eff. | ||||||
14 | 8-10-12; 98-8, eff. 5-3-13; 98-24, eff. 6-19-13; 98-215, eff. | ||||||
15 | 8-9-13; 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 | ||||||
18 | purposes of balancing the State's budget, the Governor may | ||||||
19 | designate, by written notice to the Comptroller, a contingency | ||||||
20 | reserve from the amounts appropriated from funds held by the | ||||||
21 | Treasurer for the State's fiscal years 2018 through 2021 to any | ||||||
22 | agency, including without limitation amounts appropriated | ||||||
23 | pursuant to a statutory continuing appropriation; provided, | ||||||
24 | however, that the Governor may not designate amounts to be set | ||||||
25 | aside as a contingency reserve from amounts that have been |
| |||||||
| |||||||
1 | appropriated (i) for payment of debt service, (ii) to the State | ||||||
2 | Board of Education for evidence-based funding to the common | ||||||
3 | schools pursuant to Section 18-8.15 of the School Code, (iii) | ||||||
4 | to the State Board of Education for grants or aid for early | ||||||
5 | childhood education, (iv) for contributions to the State | ||||||
6 | retirement systems governed by Articles 2, 14, 15, 16, or 18 of | ||||||
7 | the Illinois Pension Code, or (v) to the Attorney General, | ||||||
8 | Secretary of State, Treasurer, Comptroller, or any legislative | ||||||
9 | or judicial branch agency or office.
| ||||||
10 | (30 ILCS 105/51 new) | ||||||
11 | Sec. 51. Cash flow borrowing and general funds liquidity; | ||||||
12 | FY18-FY19. | ||||||
13 | (a) In order to meet cash flow deficits and to maintain | ||||||
14 | liquidity in the Healthcare Provider Relief Fund, on and after | ||||||
15 | July 1, 2017 and through June 30, 2019, the State Treasurer and | ||||||
16 | the State Comptroller shall make transfers to the Healthcare | ||||||
17 | Provider Relief Fund, as directed by the Governor from time to | ||||||
18 | time, in amounts not to exceed the total set forth below for | ||||||
19 | each 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 | ||||||
25 | Relief Fund pursuant to subsection (a), this amendatory Act of |
| |||||||
| |||||||
1 | the 100th General Assembly shall constitute the continuing | ||||||
2 | authority for and direction to the State Treasurer and State | ||||||
3 | Comptroller to reimburse the funds of origin from the | ||||||
4 | Healthcare Provider Relief Fund by transferring to the funds of | ||||||
5 | origin, at such times and in such amounts as directed by the | ||||||
6 | Governor when necessary to support appropriated expenditures | ||||||
7 | from the funds, but in any event no later than June 30, 2021, | ||||||
8 | an amount equal to 50% of that transferred from them plus any | ||||||
9 | interest that would have accrued thereon had the transfer not | ||||||
10 | occurred. When any of the funds from which moneys have been | ||||||
11 | transferred pursuant to subsection (a) have insufficient cash | ||||||
12 | from which the State Comptroller may make expenditures properly | ||||||
13 | supported by appropriations from the fund, then the State | ||||||
14 | Treasurer and State Comptroller shall transfer from the | ||||||
15 | Healthcare Provider Relief Fund to the fund only such amount as | ||||||
16 | is immediately necessary to satisfy outstanding expenditure | ||||||
17 | obligations on a timely basis. | ||||||
18 | (c) During State fiscal years 2018 through 2021, until such | ||||||
19 | time as a report indicates that all moneys borrowed and | ||||||
20 | interest pursuant to this Section have been repaid, the report | ||||||
21 | filed under Section 7.2 of the Governor's Office of Management | ||||||
22 | and Budget Act shall contain, in addition to the information | ||||||
23 | otherwise required, information on all transfers made pursuant | ||||||
24 | to this Section, including all of the following: | ||||||
25 | (1) The date each transfer was made. | ||||||
26 | (2) The amount of each transfer. |
| |||||||
| |||||||
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 | ||||||
9 | changing 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 | ||||||
13 | Upon determination by the Department of Revenue that an amount | ||||||
14 | has been paid
pursuant to this Act in excess of the amount to | ||||||
15 | which the county,
municipality or taxing district receiving | ||||||
16 | such payment was entitled, the
county, municipality or taxing | ||||||
17 | district shall, upon demand by the
Department of Revenue , repay | ||||||
18 | such amount. If such repayment is not made within a
reasonable | ||||||
19 | time, the Department of Revenue shall withhold from future | ||||||
20 | payments an
amount equal to such overpayment. If the | ||||||
21 | appropriation from which such
payment was originally made has | ||||||
22 | not lapsed, the Department of Revenue shall
redistribute the | ||||||
23 | amount of such payment to the county, municipality , or
taxing | ||||||
24 | district entitled thereto. If the appropriation has lapsed, the
|
| |||||||
| |||||||
1 | repayment shall be deposited in the General Revenue Fund in the | ||||||
2 | State
Treasury.
| ||||||
3 | (b) For any overpayment identified by the Department of | ||||||
4 | Revenue during State fiscal year 2016 to have been paid | ||||||
5 | pursuant to this Act in excess of the amount to which the | ||||||
6 | county, municipality, or taxing district receiving such | ||||||
7 | payment was entitled, the amount of which was determined in | ||||||
8 | State fiscal year 2017, repayment of the overpayment shall not | ||||||
9 | be 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 | ||||||
13 | hereby
created the Personal Property Tax Replacement Fund, a | ||||||
14 | special fund in
the State Treasury into which shall be paid all | ||||||
15 | revenue realized:
| ||||||
16 | (a) all amounts realized from the additional personal | ||||||
17 | property tax
replacement income tax imposed by subsections (c) | ||||||
18 | and (d) of Section 201 of the
Illinois Income Tax Act, except | ||||||
19 | for those amounts deposited into the Income Tax
Refund Fund | ||||||
20 | pursuant to subsection (c) of Section 901 of the Illinois | ||||||
21 | Income
Tax Act; and
| ||||||
22 | (b) all amounts realized from the additional personal | ||||||
23 | property replacement
invested capital taxes imposed by Section | ||||||
24 | 2a.1 of the Messages Tax
Act, Section 2a.1 of the Gas Revenue | ||||||
25 | Tax Act, Section 2a.1 of the Public
Utilities Revenue Act, and |
| |||||||
| |||||||
1 | Section 3 of the Water Company Invested Capital
Tax Act, and | ||||||
2 | amounts payable to the Department of Revenue under the
| ||||||
3 | Telecommunications Infrastructure Maintenance Fee Act.
| ||||||
4 | As soon as may be after the end of each month, the | ||||||
5 | Department of Revenue
shall certify to the Treasurer and the | ||||||
6 | Comptroller the amount of all refunds
paid out of the General | ||||||
7 | Revenue Fund through the preceding month on account
of | ||||||
8 | overpayment of liability on taxes paid into the Personal | ||||||
9 | Property Tax
Replacement Fund. Upon receipt of such | ||||||
10 | certification, the Treasurer and
the Comptroller shall | ||||||
11 | transfer the amount so certified from the Personal
Property Tax | ||||||
12 | Replacement Fund into the General Revenue Fund.
| ||||||
13 | The payments of revenue into the Personal Property Tax | ||||||
14 | Replacement Fund
shall be used exclusively for distribution to | ||||||
15 | taxing districts, regional offices and officials, and local | ||||||
16 | officials as provided
in this Section and in the School Code, | ||||||
17 | payment of the ordinary and contingent expenses of the Property | ||||||
18 | Tax Appeal Board, payment of the expenses of the Department of | ||||||
19 | Revenue incurred
in administering the collection and | ||||||
20 | distribution of monies paid into the
Personal Property Tax | ||||||
21 | Replacement Fund and transfers due to refunds to
taxpayers for | ||||||
22 | overpayment of liability for taxes paid into the Personal
| ||||||
23 | Property Tax Replacement Fund.
| ||||||
24 | In addition, moneys in the Personal Property Tax
| ||||||
25 | Replacement Fund may be used to pay any of the following: (i) | ||||||
26 | salary, stipends, and additional compensation as provided by |
| |||||||
| |||||||
1 | law for chief election clerks, county clerks, and county | ||||||
2 | recorders; (ii) costs associated with regional offices of | ||||||
3 | education and educational service centers; (iii) | ||||||
4 | reimbursements payable by the State Board of Elections under | ||||||
5 | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the | ||||||
6 | Election Code; (iv) expenses of the Illinois Educational Labor | ||||||
7 | Relations Board; and (v) salary, personal services, and | ||||||
8 | additional compensation as provided by law for court reporters | ||||||
9 | under the Court Reporters Act. | ||||||
10 | As soon as may be after the effective date of this | ||||||
11 | amendatory Act of 1980,
the Department of Revenue shall certify | ||||||
12 | to the Treasurer the amount of net
replacement revenue paid | ||||||
13 | into the General Revenue Fund prior to that effective
date from | ||||||
14 | the additional tax imposed by Section 2a.1 of the Messages Tax
| ||||||
15 | Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of | ||||||
16 | the Public
Utilities Revenue Act; Section 3 of the Water | ||||||
17 | Company Invested Capital Tax Act;
amounts collected by the | ||||||
18 | Department of Revenue under the Telecommunications | ||||||
19 | Infrastructure Maintenance Fee Act; and the
additional | ||||||
20 | personal
property tax replacement income tax imposed by
the | ||||||
21 | Illinois Income Tax Act, as amended by Public
Act 81-1st | ||||||
22 | Special Session-1. Net replacement revenue shall be defined as
| ||||||
23 | the total amount paid into and remaining in the General Revenue | ||||||
24 | Fund as a
result of those Acts minus the amount outstanding and | ||||||
25 | obligated from the
General Revenue Fund in state vouchers or | ||||||
26 | warrants prior to the effective
date of this amendatory Act of |
| |||||||
| |||||||
1 | 1980 as refunds to taxpayers for overpayment
of liability under | ||||||
2 | those Acts.
| ||||||
3 | All interest earned by monies accumulated in the Personal | ||||||
4 | Property
Tax Replacement Fund shall be deposited in such Fund. | ||||||
5 | All amounts allocated
pursuant to this Section are appropriated | ||||||
6 | on a continuing basis.
| ||||||
7 | Prior to December 31, 1980, as soon as may be after the end | ||||||
8 | of each quarter
beginning with the quarter ending December 31, | ||||||
9 | 1979, and on and after
December 31, 1980, as soon as may be | ||||||
10 | after January 1, March 1, April 1, May
1, July 1, August 1, | ||||||
11 | October 1 and December 1 of each year, the Department
of | ||||||
12 | Revenue shall allocate to each taxing district as defined in | ||||||
13 | Section 1-150
of the Property Tax Code, in accordance with
the | ||||||
14 | provisions of paragraph (2) of this Section the portion of the | ||||||
15 | funds held
in the Personal Property Tax Replacement Fund which | ||||||
16 | is required to be
distributed, as provided in paragraph (1), | ||||||
17 | for each quarter. Provided,
however, under no circumstances | ||||||
18 | shall any taxing district during each of the
first two years of | ||||||
19 | distribution of the taxes imposed by this amendatory Act of
| ||||||
20 | 1979 be entitled to an annual allocation which is less than the | ||||||
21 | funds such
taxing district collected from the 1978 personal | ||||||
22 | property tax. Provided further
that under no circumstances | ||||||
23 | shall any taxing district during the third year of
distribution | ||||||
24 | of the taxes imposed by this amendatory Act of 1979 receive | ||||||
25 | less
than 60% of the funds such taxing district collected from | ||||||
26 | the 1978 personal
property tax. In the event that the total of |
| |||||||
| |||||||
1 | the allocations made as above
provided for all taxing | ||||||
2 | districts, during either of such 3 years, exceeds the
amount | ||||||
3 | available for distribution the allocation of each taxing | ||||||
4 | district shall
be proportionately reduced. Except as provided | ||||||
5 | in Section 13 of this Act, the
Department shall then certify, | ||||||
6 | pursuant to appropriation, such allocations to
the State | ||||||
7 | Comptroller who shall pay over to the several taxing districts | ||||||
8 | the
respective amounts allocated to them.
| ||||||
9 | Any township which receives an allocation based in whole or | ||||||
10 | in part upon
personal property taxes which it levied pursuant | ||||||
11 | to Section 6-507 or 6-512
of the Illinois Highway Code and | ||||||
12 | which was previously
required to be paid
over to a municipality | ||||||
13 | shall immediately pay over to that municipality a
proportionate | ||||||
14 | share of the personal property replacement funds which such
| ||||||
15 | township receives.
| ||||||
16 | Any municipality or township, other than a municipality | ||||||
17 | with a population
in excess of 500,000, which receives an | ||||||
18 | allocation based in whole or in
part on personal property taxes | ||||||
19 | which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the | ||||||
20 | Illinois Local Library Act and which was
previously
required to | ||||||
21 | be paid over to a public library shall immediately pay over
to | ||||||
22 | that library a proportionate share of the personal property tax | ||||||
23 | replacement
funds which such municipality or township | ||||||
24 | receives; provided that if such
a public library has converted | ||||||
25 | to a library organized under The Illinois
Public Library | ||||||
26 | District Act, regardless of whether such conversion has
|
| |||||||
| |||||||
1 | occurred on, after or before January 1, 1988, such | ||||||
2 | proportionate share
shall be immediately paid over to the | ||||||
3 | library district which maintains and
operates the library. | ||||||
4 | However, any library that has converted prior to January
1, | ||||||
5 | 1988, and which hitherto has not received the personal property | ||||||
6 | tax
replacement funds, shall receive such funds commencing on | ||||||
7 | January 1, 1988.
| ||||||
8 | Any township which receives an allocation based in whole or | ||||||
9 | in part on
personal property taxes which it levied pursuant to | ||||||
10 | Section 1c of the Public
Graveyards Act and which taxes were | ||||||
11 | previously required to be paid
over to or used for such public | ||||||
12 | cemetery or cemeteries shall immediately
pay over to or use for | ||||||
13 | such public cemetery or cemeteries a proportionate
share of the | ||||||
14 | personal property tax replacement funds which the township
| ||||||
15 | receives.
| ||||||
16 | Any taxing district which receives an allocation based in | ||||||
17 | whole or in
part upon personal property taxes which it levied | ||||||
18 | for another
governmental body or school district in Cook County | ||||||
19 | in 1976 or for
another governmental body or school district in | ||||||
20 | the remainder of the
State in 1977 shall immediately pay over | ||||||
21 | to that governmental body or
school district the amount of | ||||||
22 | personal property replacement funds which
such governmental | ||||||
23 | body or school district would receive directly under
the | ||||||
24 | provisions of paragraph (2) of this Section, had it levied its | ||||||
25 | own
taxes.
| ||||||
26 | (1) The portion of the Personal Property Tax |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
6 | district
outside Cook County shall be the ratio which the Tax | ||||||
7 | Base of that taxing
district bears to the Downstate Tax Base. | ||||||
8 | The Tax Base of each taxing
district outside of Cook County is | ||||||
9 | the personal property tax collections
for that taxing district | ||||||
10 | for the 1977 tax year. The Downstate Tax Base
is the personal | ||||||
11 | property tax collections for all taxing districts in the
State | ||||||
12 | outside of Cook County for the 1977 tax year. The Department of
| ||||||
13 | Revenue shall have authority to review for accuracy and | ||||||
14 | completeness the
personal property tax collections for each | ||||||
15 | taxing district outside Cook
County for the 1977 tax year.
| ||||||
16 | The Personal Property Replacement Ratio of each Cook County | ||||||
17 | taxing
district shall be the ratio which the Tax Base of that | ||||||
18 | taxing district
bears to the Cook County Tax Base. The Tax Base | ||||||
19 | of each Cook County
taxing district is the personal property | ||||||
20 | tax collections for that taxing
district for the 1976 tax year. | ||||||
21 | The Cook County Tax Base is the
personal property tax | ||||||
22 | collections for all taxing districts in Cook
County for the | ||||||
23 | 1976 tax year. The Department of Revenue shall have
authority | ||||||
24 | to review for accuracy and completeness the personal property | ||||||
25 | tax
collections for each taxing district within Cook County for | ||||||
26 | the 1976 tax year.
|
| |||||||
| |||||||
1 | For all purposes of this Section 12, amounts paid to a | ||||||
2 | taxing district
for such tax years as may be applicable by a | ||||||
3 | foreign corporation under the
provisions of Section 7-202 of | ||||||
4 | the Public Utilities Act, as amended,
shall be deemed to be | ||||||
5 | personal property taxes collected by such taxing district
for | ||||||
6 | such tax years as may be applicable. The Director shall | ||||||
7 | determine from the
Illinois Commerce Commission, for any tax | ||||||
8 | year as may be applicable, the
amounts so paid by any such | ||||||
9 | foreign corporation to any and all taxing
districts. The | ||||||
10 | Illinois Commerce Commission shall furnish such information to
| ||||||
11 | the Director. For all purposes of this Section 12, the Director | ||||||
12 | shall deem such
amounts to be collected personal property taxes | ||||||
13 | of each such taxing district
for the applicable tax year or | ||||||
14 | years.
| ||||||
15 | Taxing districts located both in Cook County and in one or | ||||||
16 | more other
counties shall receive both a Cook County allocation | ||||||
17 | and a Downstate
allocation determined in the same way as all | ||||||
18 | other taxing districts.
| ||||||
19 | If any taxing district in existence on July 1, 1979 ceases | ||||||
20 | to exist,
or discontinues its operations, its Tax Base shall | ||||||
21 | thereafter be deemed
to be zero. If the powers, duties and | ||||||
22 | obligations of the discontinued
taxing district are assumed by | ||||||
23 | another taxing district, the Tax Base of
the discontinued | ||||||
24 | taxing district shall be added to the Tax Base of the
taxing | ||||||
25 | district assuming such powers, duties and obligations.
| ||||||
26 | If two or more taxing districts in existence on July 1, |
| |||||||
| |||||||
1 | 1979, or a
successor or successors thereto shall consolidate | ||||||
2 | into one taxing
district, the Tax Base of such consolidated | ||||||
3 | taxing district shall be the
sum of the Tax Bases of each of | ||||||
4 | the taxing districts which have consolidated.
| ||||||
5 | If a single taxing district in existence on July 1, 1979, | ||||||
6 | or a
successor or successors thereto shall be divided into two | ||||||
7 | or more
separate taxing districts, the tax base of the taxing | ||||||
8 | district so
divided shall be allocated to each of the resulting | ||||||
9 | taxing districts in
proportion to the then current equalized | ||||||
10 | assessed value of each resulting
taxing district.
| ||||||
11 | If a portion of the territory of a taxing district is | ||||||
12 | disconnected
and annexed to another taxing district of the same | ||||||
13 | type, the Tax Base of
the taxing district from which | ||||||
14 | disconnection was made shall be reduced
in proportion to the | ||||||
15 | then current equalized assessed value of the disconnected
| ||||||
16 | territory as compared with the then current equalized assessed | ||||||
17 | value within the
entire territory of the taxing district prior | ||||||
18 | to disconnection, and the
amount of such reduction shall be | ||||||
19 | added to the Tax Base of the taxing
district to which | ||||||
20 | annexation is made.
| ||||||
21 | If a community college district is created after July 1, | ||||||
22 | 1979,
beginning on the effective date of this amendatory Act of | ||||||
23 | 1995, its Tax Base
shall be 3.5% of the sum of the personal | ||||||
24 | property tax collected for the
1977 tax year within the | ||||||
25 | territorial jurisdiction of the district.
| ||||||
26 | The amounts allocated and paid to taxing districts pursuant |
| |||||||
| |||||||
1 | to
the provisions of this amendatory Act of 1979 shall be | ||||||
2 | deemed to be
substitute revenues for the revenues derived from | ||||||
3 | taxes imposed on
personal property pursuant to the provisions | ||||||
4 | of the "Revenue Act of
1939" or "An Act for the assessment and | ||||||
5 | taxation of private car line
companies", approved July 22, | ||||||
6 | 1943, as amended, or Section 414 of the
Illinois Insurance | ||||||
7 | Code, prior to the abolition of such taxes and shall
be used | ||||||
8 | for the same purposes as the revenues derived from ad valorem
| ||||||
9 | taxes on real estate.
| ||||||
10 | Monies received by any taxing districts from the Personal | ||||||
11 | Property
Tax Replacement Fund shall be first applied toward | ||||||
12 | payment of the proportionate
amount of debt service which was | ||||||
13 | previously levied and collected from
extensions against | ||||||
14 | personal property on bonds outstanding as of December 31,
1978 | ||||||
15 | and next applied toward payment of the proportionate share of | ||||||
16 | the pension
or retirement obligations of the taxing district | ||||||
17 | which were previously levied
and collected from extensions | ||||||
18 | against personal property. For each such
outstanding bond | ||||||
19 | issue, the County Clerk shall determine the percentage of the
| ||||||
20 | debt service which was collected from extensions against real | ||||||
21 | estate in the
taxing district for 1978 taxes payable in 1979, | ||||||
22 | as related to the total amount
of such levies and collections | ||||||
23 | from extensions against both real and personal
property. For | ||||||
24 | 1979 and subsequent years' taxes, the County Clerk shall levy
| ||||||
25 | and extend taxes against the real estate of each taxing | ||||||
26 | district which will
yield the said percentage or percentages of |
| |||||||
| |||||||
1 | the debt service on such
outstanding bonds. The balance of the | ||||||
2 | amount necessary to fully pay such debt
service shall | ||||||
3 | constitute a first and prior lien upon the monies
received by | ||||||
4 | each such taxing district through the Personal Property Tax
| ||||||
5 | Replacement Fund and shall be first applied or set aside for | ||||||
6 | such purpose.
In counties having fewer than 3,000,000 | ||||||
7 | inhabitants, the amendments to
this paragraph as made by this | ||||||
8 | amendatory Act of 1980 shall be first
applicable to 1980 taxes | ||||||
9 | to be collected in 1981.
| ||||||
10 | (Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11; | ||||||
11 | 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff. | ||||||
12 | 6-30-14.)
| ||||||
13 | Section 5-25. The General Obligation Bond Act is amended by | ||||||
14 | changing 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 | ||||||
18 | issued if, after the issuance, in the next State fiscal year | ||||||
19 | after the issuance of the Bonds, the amount of debt service | ||||||
20 | (including principal, whether payable at maturity or pursuant | ||||||
21 | to mandatory sinking fund installments, and interest) on all | ||||||
22 | then-outstanding Bonds, other than Bonds authorized by Public | ||||||
23 | Act 96-43 and other than Bonds authorized by Public Act | ||||||
24 | 96-1497, would exceed 7% of the aggregate appropriations from |
| |||||||
| |||||||
1 | the general funds (which consist of the General Revenue Fund, | ||||||
2 | the Common School Fund, the General Revenue Common School | ||||||
3 | Special Account Fund, and the Education Assistance Fund) and | ||||||
4 | the Road Fund for the fiscal year immediately prior to the | ||||||
5 | fiscal year of the issuance. For purposes of this subsection | ||||||
6 | (a), "general funds" has the meaning provided in Section 50-40 | ||||||
7 | of the State Budget Law. | ||||||
8 | (b) If the Comptroller and Treasurer each consent in | ||||||
9 | writing, Bonds may be issued even if the issuance does not | ||||||
10 | comply with subsection (a). In addition, $2,000,000,000 in | ||||||
11 | Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7, | ||||||
12 | and $2,000,000,000 in Refunding Bonds under Section 16, may be | ||||||
13 | issued during State fiscal year 2017 without complying with | ||||||
14 | subsection (a). In addition, $2,000,000,000 in Bonds for the | ||||||
15 | purposes set forth in Sections 3, 4, 5, 6, and 7, and | ||||||
16 | $2,000,000,000 in Refunding Bonds under Section 16, may be | ||||||
17 | issued during State fiscal year 2018 without complying with | ||||||
18 | subsection (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 - | ||||||
22 | Requirements for
Bonds. | ||||||
23 | (a) Except as otherwise provided in this subsection, Bonds | ||||||
24 | shall be issued and sold from time to time, in one or
more | ||||||
25 | series, in such amounts and at such prices as may be directed |
| |||||||
| |||||||
1 | by the
Governor, upon recommendation by the Director of the
| ||||||
2 | Governor's Office of Management and Budget.
Bonds shall be in | ||||||
3 | such form (either coupon, registered or book entry), in
such | ||||||
4 | denominations, payable within 25 years from their date, subject | ||||||
5 | to such
terms of redemption with or without premium, bear | ||||||
6 | interest payable at
such times and at such fixed or variable | ||||||
7 | rate or rates, and be dated
as shall be fixed and determined by | ||||||
8 | the Director of
the
Governor's Office of Management and Budget
| ||||||
9 | in the order authorizing the issuance and sale
of any series of | ||||||
10 | Bonds, which order shall be approved by the Governor
and is | ||||||
11 | herein called a "Bond Sale Order"; provided however, that | ||||||
12 | interest
payable at fixed or variable rates shall not exceed | ||||||
13 | that permitted in the
Bond Authorization Act, as now or | ||||||
14 | hereafter amended. Bonds shall be
payable at such place or | ||||||
15 | places, within or without the State of Illinois, and
may be | ||||||
16 | made registrable as to either principal or as to both principal | ||||||
17 | and
interest, as shall be specified in the Bond Sale Order. | ||||||
18 | Bonds may be callable
or subject to purchase and retirement or | ||||||
19 | tender and remarketing as fixed
and determined in the Bond Sale | ||||||
20 | Order. Bonds, other than Bonds issued under Section 3 of this | ||||||
21 | Act for the costs associated with the purchase and | ||||||
22 | implementation of information technology, (i) except for | ||||||
23 | refunding Bonds satisfying the requirements of Section 16 of | ||||||
24 | this Act and sold during fiscal year 2009, 2010, 2011, or 2017 , | ||||||
25 | or 2018 must be issued with principal or mandatory redemption | ||||||
26 | amounts in equal amounts, with the first maturity issued |
| |||||||
| |||||||
1 | occurring within the fiscal year in which the Bonds are issued | ||||||
2 | or within the next succeeding fiscal year and (ii) must mature | ||||||
3 | or be subject to mandatory redemption each fiscal year | ||||||
4 | thereafter up to 25 years, except for refunding Bonds | ||||||
5 | satisfying the requirements of Section 16 of this Act and sold | ||||||
6 | during fiscal year 2009, 2010, or 2011 which must mature or be | ||||||
7 | subject to mandatory redemption each fiscal year thereafter up | ||||||
8 | to 16 years. Bonds issued under Section 3 of this Act for the | ||||||
9 | costs associated with the purchase and implementation of | ||||||
10 | information technology must be issued with principal or | ||||||
11 | mandatory redemption amounts in equal amounts, with the first | ||||||
12 | maturity issued occurring with the fiscal year in which the | ||||||
13 | respective bonds are issued or with the next succeeding fiscal | ||||||
14 | year, with the respective bonds issued maturing or subject to | ||||||
15 | mandatory redemption each fiscal year thereafter up to 10 | ||||||
16 | years. Notwithstanding any provision of this Act to the | ||||||
17 | contrary, the Bonds authorized by Public Act 96-43 shall be | ||||||
18 | payable within 5 years from their date and must be issued with | ||||||
19 | principal or mandatory redemption amounts in equal amounts, | ||||||
20 | with payment of principal or mandatory redemption beginning in | ||||||
21 | the first fiscal year following the fiscal year in which the | ||||||
22 | Bonds are issued.
| ||||||
23 | Notwithstanding any provision of this Act to the contrary, | ||||||
24 | the Bonds authorized by Public Act 96-1497 shall be payable | ||||||
25 | within 8 years from their date and shall be issued with payment | ||||||
26 | of maturing principal or scheduled mandatory redemptions in |
| |||||||
| |||||||
1 | accordance with the following schedule, except the following | ||||||
2 | amounts shall be prorated if less than the total additional | ||||||
3 | amount 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 | ||||||
11 | variable interest
rate ("Variable Rate Bonds"), in lieu of | ||||||
12 | determining the rate or rates at which
such series of Variable | ||||||
13 | Rate Bonds shall bear interest and the price or prices
at which | ||||||
14 | such Variable Rate Bonds shall be initially sold or remarketed | ||||||
15 | (in the
event of purchase and subsequent resale), the Bond Sale | ||||||
16 | Order may provide that
such interest rates and prices may vary | ||||||
17 | from time to time depending on criteria
established in such | ||||||
18 | Bond Sale Order, which criteria may include, without
| ||||||
19 | limitation, references to indices or variations in interest | ||||||
20 | rates as may, in
the judgment of a remarketing agent, be | ||||||
21 | necessary to cause Variable Rate Bonds
of such series to be | ||||||
22 | remarketable from time to time at a price equal to their
| ||||||
23 | principal amount, and may provide for appointment of a bank, | ||||||
24 | trust company,
investment bank, or other financial institution | ||||||
25 | to serve as remarketing agent
in that connection.
The Bond Sale | ||||||
26 | Order may provide that alternative interest rates or provisions
|
| |||||||
| |||||||
1 | for establishing alternative interest rates, different | ||||||
2 | security or claim
priorities, or different call or amortization | ||||||
3 | provisions will apply during
such times as Variable Rate Bonds | ||||||
4 | of any series are held by a person providing
credit or | ||||||
5 | liquidity enhancement arrangements for such Bonds as | ||||||
6 | authorized in
subsection (b) of this Section.
The Bond Sale | ||||||
7 | Order may also provide for such variable interest rates to be
| ||||||
8 | established pursuant to a process generally known as an auction | ||||||
9 | rate process
and may provide for appointment of one or more | ||||||
10 | financial institutions to serve
as auction agents and | ||||||
11 | broker-dealers in connection with the establishment of
such | ||||||
12 | interest rates and the sale and remarketing of such Bonds.
| ||||||
13 | (b) In connection with the issuance of any series of Bonds, | ||||||
14 | the State may
enter into arrangements to provide additional | ||||||
15 | security and liquidity for such
Bonds, including, without | ||||||
16 | limitation, bond or interest rate insurance or
letters of | ||||||
17 | credit, lines of credit, bond purchase contracts, or other
| ||||||
18 | arrangements whereby funds are made available to retire or | ||||||
19 | purchase Bonds,
thereby assuring the ability of owners of the | ||||||
20 | Bonds to sell or redeem their
Bonds. The State may enter into | ||||||
21 | contracts and may agree to pay fees to persons
providing such | ||||||
22 | arrangements, but only under circumstances where the Director | ||||||
23 | of
the
Governor's Office of Management and Budget certifies | ||||||
24 | that he or she reasonably expects the total
interest paid or to | ||||||
25 | be paid on the Bonds, together with the fees for the
| ||||||
26 | arrangements (being treated as if interest), would not, taken |
| |||||||
| |||||||
1 | together, cause
the Bonds to bear interest, calculated to their | ||||||
2 | stated maturity, at a rate in
excess of the rate that the Bonds | ||||||
3 | would bear in the absence of such
arrangements.
| ||||||
4 | The State may, with respect to Bonds issued or anticipated | ||||||
5 | to be issued,
participate in and enter into arrangements with | ||||||
6 | respect to interest rate
protection or exchange agreements, | ||||||
7 | guarantees, or financial futures contracts
for the purpose of | ||||||
8 | limiting, reducing, or managing interest rate exposure.
The | ||||||
9 | authority granted under this paragraph, however, shall not | ||||||
10 | increase the principal amount of Bonds authorized to be issued | ||||||
11 | by law. The arrangements may be executed and delivered by the | ||||||
12 | Director
of the
Governor's Office of Management and Budget on | ||||||
13 | behalf of the State. Net payments for such
arrangements shall | ||||||
14 | constitute interest on the Bonds and shall be paid from the
| ||||||
15 | General Obligation Bond Retirement and Interest Fund. The | ||||||
16 | Director of the
Governor's Office of Management and Budget | ||||||
17 | shall at least annually certify to the Governor and
the
State | ||||||
18 | Comptroller his or her estimate of the amounts of such net | ||||||
19 | payments to
be included in the calculation of interest required | ||||||
20 | to be paid by the State.
| ||||||
21 | (c) Prior to the issuance of any Variable Rate Bonds | ||||||
22 | pursuant to
subsection (a), the Director of the
Governor's | ||||||
23 | Office of Management and Budget shall adopt an
interest rate | ||||||
24 | risk management policy providing that the amount of the State's
| ||||||
25 | variable rate exposure with respect to Bonds shall not exceed | ||||||
26 | 20%. This policy
shall remain in effect while any Bonds are |
| |||||||
| |||||||
1 | outstanding and the issuance of
Bonds
shall be subject to the | ||||||
2 | terms of such policy. The terms of this policy may be
amended | ||||||
3 | from time to time by the Director of the
Governor's Office of | ||||||
4 | Management and Budget but in no
event shall any amendment cause | ||||||
5 | the permitted level of the State's variable
rate exposure with | ||||||
6 | respect to Bonds to exceed 20%.
| ||||||
7 | (d) "Build America Bonds" in this Section means Bonds | ||||||
8 | authorized by Section 54AA of the Internal Revenue Code of | ||||||
9 | 1986, as amended ("Internal Revenue Code"), and bonds issued | ||||||
10 | from time to time to refund or continue to refund "Build | ||||||
11 | America Bonds". | ||||||
12 | (e) Notwithstanding any other provision of this Section, | ||||||
13 | Qualified School Construction Bonds shall be issued and sold | ||||||
14 | from time to time, in one or more series, in such amounts and | ||||||
15 | at such prices as may be directed by the Governor, upon | ||||||
16 | recommendation by the Director of the Governor's Office of | ||||||
17 | Management and Budget. Qualified School Construction Bonds | ||||||
18 | shall be in such form (either coupon, registered or book | ||||||
19 | entry), in such denominations, payable within 25 years from | ||||||
20 | their date, subject to such terms of redemption with or without | ||||||
21 | premium, and if the Qualified School Construction Bonds are | ||||||
22 | issued with a supplemental coupon, bear interest payable at | ||||||
23 | such times and at such fixed or variable rate or rates, and be | ||||||
24 | dated as shall be fixed and determined by the Director of the | ||||||
25 | Governor's Office of Management and Budget in the order | ||||||
26 | authorizing the issuance and sale of any series of Qualified |
| |||||||
| |||||||
1 | School Construction Bonds, which order shall be approved by the | ||||||
2 | Governor and is herein called a "Bond Sale Order"; except that | ||||||
3 | interest payable at fixed or variable rates, if any, shall not | ||||||
4 | exceed that permitted in the Bond Authorization Act, as now or | ||||||
5 | hereafter amended. Qualified School Construction Bonds shall | ||||||
6 | be payable at such place or places, within or without the State | ||||||
7 | of Illinois, and may be made registrable as to either principal | ||||||
8 | or as to both principal and interest, as shall be specified in | ||||||
9 | the Bond Sale Order. Qualified School Construction Bonds may be | ||||||
10 | callable or subject to purchase and retirement or tender and | ||||||
11 | remarketing as fixed and determined in the Bond Sale Order. | ||||||
12 | Qualified School Construction Bonds must be issued with | ||||||
13 | principal or mandatory redemption amounts or sinking fund | ||||||
14 | payments into the General Obligation Bond Retirement and | ||||||
15 | Interest Fund (or subaccount therefor) in equal amounts, with | ||||||
16 | the first maturity issued, mandatory redemption payment or | ||||||
17 | sinking fund payment occurring within the fiscal year in which | ||||||
18 | the Qualified School Construction Bonds are issued or within | ||||||
19 | the next succeeding fiscal year, with Qualified School | ||||||
20 | Construction Bonds issued maturing or subject to mandatory | ||||||
21 | redemption or with sinking fund payments thereof deposited each | ||||||
22 | fiscal year thereafter up to 25 years. Sinking fund payments | ||||||
23 | set forth in this subsection shall be permitted only to the | ||||||
24 | extent authorized in Section 54F of the Internal Revenue Code | ||||||
25 | or as otherwise determined by the Director of the Governor's | ||||||
26 | Office of Management and Budget. "Qualified School |
| |||||||
| |||||||
1 | Construction Bonds" in this subsection means Bonds authorized | ||||||
2 | by Section 54F of the Internal Revenue Code and for bonds | ||||||
3 | issued 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 | ||||||
6 | Office of Management and Budget to the Procurement Policy Board | ||||||
7 | of a request for quotation for the purpose of formulating a new | ||||||
8 | pool of qualified underwriting banks list, all entities | ||||||
9 | responding to such a request for quotation for inclusion on | ||||||
10 | that list shall provide a written report to the Governor's | ||||||
11 | Office of Management and Budget and the Illinois Comptroller. | ||||||
12 | The written report submitted to the Comptroller shall (i) be | ||||||
13 | published on the Comptroller's Internet website and (ii) be | ||||||
14 | used by the Governor's Office of Management and Budget for the | ||||||
15 | purposes of scoring such a request for quotation. The written | ||||||
16 | report, 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 |
| |||||||
| |||||||
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 | ||||||
20 | Management and Budget's pool of qualified underwriting banks | ||||||
21 | list shall, as soon as possible after March 18, 2011 (the | ||||||
22 | effective date of Public Act 96-1554), but not later than | ||||||
23 | January 21, 2011, and on a quarterly fiscal basis thereafter, | ||||||
24 | provide a written report to the Governor's Office of Management | ||||||
25 | and Budget and the Illinois Comptroller. The written reports | ||||||
26 | submitted to the Comptroller shall be published on the |
| |||||||
| |||||||
1 | Comptroller's Internet website. The written reports, at a | ||||||
2 | minimum, 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 |
| |||||||
| |||||||
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 | ||||||
8 | this Section,
Bonds shall be sold from time to time pursuant to
| ||||||
9 | notice of sale and public bid or by negotiated sale
in such | ||||||
10 | amounts and at such
times as is directed by the Governor, upon | ||||||
11 | recommendation by the Director of
the
Governor's Office of | ||||||
12 | Management and Budget. At least 25%, based on total principal | ||||||
13 | amount, of all Bonds issued each fiscal year shall be sold | ||||||
14 | pursuant to notice of sale and public bid. At all times during | ||||||
15 | each fiscal year, no more than 75%, based on total principal | ||||||
16 | amount, of the Bonds issued each fiscal year, shall have been | ||||||
17 | sold by negotiated sale. Failure to satisfy the requirements in | ||||||
18 | the preceding 2 sentences shall not affect the validity of any | ||||||
19 | previously issued Bonds; provided that all Bonds authorized by | ||||||
20 | Public Act 96-43 and Public Act 96-1497 shall not be included | ||||||
21 | in determining compliance for any fiscal year with the | ||||||
22 | requirements of the preceding 2 sentences; and further provided | ||||||
23 | that refunding Bonds satisfying the requirements of Section 16 | ||||||
24 | of this Act and sold during fiscal year 2009, 2010, 2011, or | ||||||
25 | 2017 , or 2018 shall not be subject to the requirements in the |
| |||||||
| |||||||
1 | preceding 2 sentences.
| ||||||
2 | If
any Bonds, including refunding Bonds, are to be sold by | ||||||
3 | negotiated
sale, the
Director of the
Governor's Office of | ||||||
4 | Management and Budget
shall comply with the
competitive request | ||||||
5 | for proposal process set forth in the Illinois
Procurement Code | ||||||
6 | and all other applicable requirements of that Code.
| ||||||
7 | If Bonds are to be sold pursuant to notice of sale and | ||||||
8 | public bid, the
Director of the
Governor's Office of Management | ||||||
9 | and Budget may, from time to time, as Bonds are to be sold, | ||||||
10 | advertise
the sale of the Bonds in at least 2 daily newspapers, | ||||||
11 | one of which is
published in the City of Springfield and one in | ||||||
12 | the City of Chicago. The sale
of the Bonds shall also be
| ||||||
13 | advertised in the volume of the Illinois Procurement Bulletin | ||||||
14 | that is
published by the Department of Central Management | ||||||
15 | Services, and shall be published once at least
10 days prior to | ||||||
16 | the date fixed
for the opening of the bids. The Director of the
| ||||||
17 | Governor's Office of Management and Budget may
reschedule the | ||||||
18 | date of sale upon the giving of such additional notice as the
| ||||||
19 | Director deems adequate to inform prospective bidders of
such | ||||||
20 | change; provided, however, that all other conditions of the | ||||||
21 | sale shall
continue as originally advertised.
| ||||||
22 | Executed Bonds shall, upon payment therefor, be delivered | ||||||
23 | to the purchaser,
and the proceeds of Bonds shall be paid into | ||||||
24 | the 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.)
|
| |||||||
| |||||||
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 | ||||||
4 | under this Act,
the Comptroller shall compute and certify to | ||||||
5 | the Treasurer the total amount
of principal of, interest on, | ||||||
6 | and premium, if any, on Bonds issued that will
be payable in | ||||||
7 | order to retire such Bonds, the amount of principal of,
| ||||||
8 | interest on and premium, if any, on such Bonds that will be | ||||||
9 | payable on each
payment date according to the tenor of such | ||||||
10 | Bonds during the then current and
each succeeding fiscal year, | ||||||
11 | and the amount of sinking fund payments needed to be deposited | ||||||
12 | in connection with Qualified School Construction Bonds | ||||||
13 | authorized by subsection (e) of Section 9.
With respect to the | ||||||
14 | interest payable on variable rate bonds, such
certifications | ||||||
15 | shall be calculated at the maximum rate of interest that
may be | ||||||
16 | payable during the fiscal year, after taking into account any | ||||||
17 | credits
permitted in the related indenture or other instrument | ||||||
18 | against the amount
of such interest required to be appropriated | ||||||
19 | for such period pursuant to
subsection (c) of Section 14 of | ||||||
20 | this Act. With respect to the interest
payable, such | ||||||
21 | certifications shall include the amounts certified by the
| ||||||
22 | Director of the
Governor's Office of Management and Budget | ||||||
23 | under subsection (b) of Section 9 of
this Act.
| ||||||
24 | On or before the last day of each month the State Treasurer | ||||||
25 | and Comptroller
shall transfer from (1) the Road Fund with | ||||||
26 | respect to Bonds issued under
paragraph (a) of Section 4 of |
| |||||||
| |||||||
1 | this Act , or Bonds issued under authorization in Public Act | ||||||
2 | 98-781, or Bonds issued for the purpose of
refunding such | ||||||
3 | bonds, and from (2) the General
Revenue Fund, with respect to | ||||||
4 | all other Bonds issued under this Act, to the
General | ||||||
5 | Obligation Bond Retirement and Interest Fund an amount | ||||||
6 | sufficient to
pay the aggregate of the principal of, interest | ||||||
7 | on, and premium, if any, on
Bonds payable, by their terms on | ||||||
8 | the next payment date divided by the number of
full calendar | ||||||
9 | months between the date of such Bonds and the first such | ||||||
10 | payment
date, and thereafter, divided by the number of months | ||||||
11 | between each succeeding
payment date after the first. Such | ||||||
12 | computations and transfers shall be
made for each series of | ||||||
13 | Bonds issued and delivered. Interest payable on
variable rate | ||||||
14 | bonds shall be calculated at the maximum rate of interest that
| ||||||
15 | may be payable for the relevant period, after taking into | ||||||
16 | account any credits
permitted in the related indenture or other | ||||||
17 | instrument against the amount of
such interest required to be | ||||||
18 | appropriated for such period pursuant to
subsection (c) of | ||||||
19 | Section 14 of this Act. Computations of interest shall
include | ||||||
20 | the amounts certified by the Director of the
Governor's Office | ||||||
21 | of Management and Budget
under subsection (b) of Section 9 of | ||||||
22 | this Act. Interest for which moneys
have already been deposited | ||||||
23 | into the capitalized interest account within the
General | ||||||
24 | Obligation Bond Retirement and Interest Fund shall not be | ||||||
25 | included
in the calculation of the amounts to be transferred | ||||||
26 | under this subsection. Notwithstanding any other provision in |
| |||||||
| |||||||
1 | this Section, the transfer provisions provided in this | ||||||
2 | paragraph shall not apply to transfers made in fiscal year 2010 | ||||||
3 | or fiscal year 2011 with respect to Bonds issued in fiscal year | ||||||
4 | 2010 or fiscal year 2011 pursuant to Section 7.2 of this Act. | ||||||
5 | In the case of transfers made in fiscal year 2010 or fiscal | ||||||
6 | year 2011 with respect to the Bonds issued in fiscal year 2010 | ||||||
7 | or fiscal year 2011 pursuant to Section 7.2 of this Act, on or | ||||||
8 | before the 15th day of the month prior to the required debt | ||||||
9 | service payment, the State Treasurer and Comptroller shall | ||||||
10 | transfer from the General Revenue Fund to the General | ||||||
11 | Obligation Bond Retirement and Interest Fund an amount | ||||||
12 | sufficient to pay the aggregate of the principal of, interest | ||||||
13 | on, and premium, if any, on the Bonds payable in that next | ||||||
14 | month.
| ||||||
15 | The transfer of monies herein and above directed is not | ||||||
16 | required if monies
in the General Obligation Bond Retirement | ||||||
17 | and Interest Fund are more than
the amount otherwise to be | ||||||
18 | transferred as herein above provided, and if the
Governor or | ||||||
19 | his authorized representative notifies the State Treasurer and
| ||||||
20 | Comptroller of such fact in writing.
| ||||||
21 | (b) After the effective date of this Act, the balance of, | ||||||
22 | and monies
directed to be included in the Capital Development | ||||||
23 | Bond Retirement and
Interest Fund, Anti-Pollution Bond | ||||||
24 | Retirement and Interest Fund,
Transportation Bond, Series A | ||||||
25 | Retirement and Interest Fund, Transportation
Bond, Series B | ||||||
26 | Retirement and Interest Fund, and Coal Development Bond
|
| |||||||
| |||||||
1 | Retirement and Interest Fund shall be transferred to and | ||||||
2 | deposited in the
General Obligation Bond Retirement and | ||||||
3 | Interest Fund. This Fund shall be
used to make debt service | ||||||
4 | payments on the State's general obligation Bonds
heretofore | ||||||
5 | issued which are now outstanding and payable from the Funds | ||||||
6 | herein
listed as well as on Bonds issued under this Act.
| ||||||
7 | (c) Except as provided in Section 22-3 of the Military Code | ||||||
8 | of Illinois, the The unused portion of federal funds received | ||||||
9 | for or as reimbursement for a capital
facilities project, as | ||||||
10 | authorized by Section 3 of this Act, for which
monies from the | ||||||
11 | Capital Development Fund have been expended shall remain in the | ||||||
12 | Capital Development Board Contributory Trust Fund and shall be | ||||||
13 | used for capital projects and for no other purpose, subject to | ||||||
14 | appropriation and as directed by the Capital Development Board. | ||||||
15 | Any federal funds received as reimbursement
for the completed | ||||||
16 | construction of a capital facilities project, as
authorized by | ||||||
17 | Section 3 of this Act, for which monies from the Capital
| ||||||
18 | Development Fund have been expended shall be deposited in the | ||||||
19 | General
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 | ||||||
23 | authorized to issue,
sell, and provide for the retirement of | ||||||
24 | General Obligation Bonds of the State
of Illinois in the amount | ||||||
25 | of $4,839,025,000, at any time and
from time to time |
| |||||||
| |||||||
1 | outstanding, for the purpose of refunding
any State of Illinois | ||||||
2 | general obligation Bonds then outstanding, including
the | ||||||
3 | payment of any redemption premium thereon, any reasonable | ||||||
4 | expenses of
such refunding, any interest accrued or to accrue | ||||||
5 | to the earliest
or any subsequent date of redemption or | ||||||
6 | maturity of such outstanding
Bonds and any interest to accrue | ||||||
7 | to the first interest payment on the
refunding Bonds; provided | ||||||
8 | that all non-refunding Bonds in an issue that includes
| ||||||
9 | refunding Bonds shall mature no later
than the final maturity | ||||||
10 | date of Bonds being refunded; provided that no refunding Bonds | ||||||
11 | shall be offered for sale unless the net present value of debt | ||||||
12 | service savings to be achieved by the issuance of the refunding | ||||||
13 | Bonds is 3% or more of the principal amount of the refunding | ||||||
14 | Bonds to be issued; and further provided that, except for | ||||||
15 | refunding Bonds sold in fiscal year 2009, 2010, 2011, or 2017, | ||||||
16 | or 2018, the maturities of the refunding Bonds shall not extend | ||||||
17 | beyond the maturities of the Bonds they refund, so that for | ||||||
18 | each fiscal year in the maturity schedule of a particular issue | ||||||
19 | of refunding Bonds, the total amount of refunding principal | ||||||
20 | maturing and redemption amounts due in that fiscal year and all | ||||||
21 | prior fiscal years in that schedule shall be greater than or | ||||||
22 | equal to the total amount of refunded principal and redemption | ||||||
23 | amounts that had been due over that year and all prior fiscal | ||||||
24 | years prior to the refunding.
| ||||||
25 | The Governor shall notify the State Treasurer and
| ||||||
26 | Comptroller of such refunding. The proceeds received from the |
| |||||||
| |||||||
1 | sale
of refunding Bonds shall be used for the retirement at | ||||||
2 | maturity or
redemption of such outstanding Bonds on any | ||||||
3 | maturity or redemption date
and, pending such use, shall be | ||||||
4 | placed in escrow, subject to such terms and
conditions as shall | ||||||
5 | be provided for in the Bond Sale Order relating to the
| ||||||
6 | Refunding Bonds. Proceeds not needed for deposit in an escrow | ||||||
7 | account shall
be deposited in the General Obligation Bond | ||||||
8 | Retirement and Interest Fund.
This Act shall constitute an | ||||||
9 | irrevocable and continuing appropriation of all
amounts | ||||||
10 | necessary to establish an escrow account for the purpose of | ||||||
11 | refunding
outstanding general obligation Bonds and to pay the | ||||||
12 | reasonable expenses of such
refunding and of the issuance and | ||||||
13 | sale of the refunding Bonds. Any such
escrowed proceeds may be | ||||||
14 | invested and reinvested
in direct obligations of the United | ||||||
15 | States of America, maturing at such
time or times as shall be | ||||||
16 | appropriate to assure the
prompt payment, when due, of the | ||||||
17 | principal of and interest and redemption
premium, if any,
on | ||||||
18 | the refunded Bonds. After the terms of the escrow have been | ||||||
19 | fully
satisfied, any remaining balance of such proceeds and | ||||||
20 | interest, income and
profits earned or realized on the | ||||||
21 | investments thereof shall be paid into
the General Revenue | ||||||
22 | Fund. The liability of the State upon the Bonds shall
continue, | ||||||
23 | provided that the holders thereof shall thereafter be entitled | ||||||
24 | to
payment only out of the moneys deposited in the escrow | ||||||
25 | account.
| ||||||
26 | Except as otherwise herein provided in this Section, such |
| |||||||
| |||||||
1 | refunding Bonds
shall in all other respects be subject to the | ||||||
2 | terms 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 | ||||||
5 | amended 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 | ||||||
8 | Code of Illinois, the The unused portion of federal funds | ||||||
9 | received for or as reimbursement for a capital improvement
| ||||||
10 | project for which moneys from the Capital Development Fund have | ||||||
11 | been expended
shall remain in the Capital Development Board | ||||||
12 | Contributory Trust Fund and shall be used for capital projects | ||||||
13 | and for no other purpose, subject to appropriation and as | ||||||
14 | directed by the Capital Development Board. Any federal funds | ||||||
15 | received as reimbursement
for the completed construction of a | ||||||
16 | capital improvement project for which
moneys from the Capital | ||||||
17 | Development Fund have been expended shall be deposited
in the | ||||||
18 | Capital 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 | ||||||
21 | changing Sections 6, 8, and 15 as follows:
| ||||||
22 | (30 ILCS 425/6) (from Ch. 127, par. 2806)
|
| |||||||
| |||||||
1 | Sec. 6. Conditions for Issuance and Sale of Bonds - | ||||||
2 | Requirements for
Bonds - Master and Supplemental Indentures - | ||||||
3 | Credit and Liquidity
Enhancement. | ||||||
4 | (a) Bonds shall be issued and sold from time to time, in | ||||||
5 | one
or more series, in such amounts and at such prices as | ||||||
6 | directed by the
Governor, upon recommendation by the Director | ||||||
7 | of the
Governor's Office of Management and Budget.
Bonds shall | ||||||
8 | be payable only from the specific sources and secured in the
| ||||||
9 | manner provided in this Act. Bonds shall be in such form, in | ||||||
10 | such
denominations, mature on such dates within 25 years from | ||||||
11 | their date of
issuance, be subject to optional or mandatory | ||||||
12 | redemption, bear interest
payable at such times and at such | ||||||
13 | rate or rates, fixed or variable, and be
dated as shall be | ||||||
14 | fixed and determined by the Director of the
Governor's Office | ||||||
15 | of Management and Budget
in an order authorizing the
issuance | ||||||
16 | and sale of any series of
Bonds, which order shall be approved | ||||||
17 | by the Governor and is herein called a
"Bond Sale Order"; | ||||||
18 | provided, however, that interest payable at fixed rates
shall | ||||||
19 | not exceed that permitted in "An Act to authorize public | ||||||
20 | corporations
to issue bonds, other evidences of indebtedness | ||||||
21 | and tax anticipation
warrants subject to interest rate | ||||||
22 | limitations set forth therein", approved
May 26, 1970, as now | ||||||
23 | or hereafter amended, and interest payable at variable
rates | ||||||
24 | shall not exceed the maximum rate permitted in the Bond Sale | ||||||
25 | Order.
Said Bonds shall be payable at such place or places, | ||||||
26 | within or without the
State of Illinois,
and may be made |
| |||||||
| |||||||
1 | registrable
as to either principal only or as to both principal | ||||||
2 | and interest, as shall
be specified in the Bond Sale
Order. | ||||||
3 | Bonds may be callable or subject to purchase and retirement or
| ||||||
4 | remarketing as fixed and determined in the Bond Sale Order. | ||||||
5 | Bonds (i) except for refunding Bonds satisfying the | ||||||
6 | requirements of Section 15 of this Act and sold during fiscal | ||||||
7 | year 2009, 2010, 2011, or 2017, or 2018, must be issued with | ||||||
8 | principal or mandatory redemption amounts in equal amounts, | ||||||
9 | with the first maturity issued occurring within the fiscal year | ||||||
10 | in which the Bonds are issued or within the next succeeding | ||||||
11 | fiscal year and (ii) must mature or be subject to mandatory | ||||||
12 | redemption each fiscal year thereafter up to 25 years, except | ||||||
13 | for refunding Bonds satisfying the requirements of Section 15 | ||||||
14 | of this Act and sold during fiscal year 2009, 2010, or 2011 | ||||||
15 | which must mature or be subject to mandatory redemption each | ||||||
16 | fiscal year thereafter up to 16 years.
| ||||||
17 | All Bonds authorized under this Act shall be issued | ||||||
18 | pursuant
to a master trust indenture ("Master Indenture") | ||||||
19 | executed and delivered on
behalf of the State by the Director | ||||||
20 | of the
Governor's Office of Management and Budget, such
Master | ||||||
21 | Indenture to be in substantially the form approved in the Bond | ||||||
22 | Sale
Order authorizing the issuance and sale of the initial | ||||||
23 | series of Bonds
issued under this Act. Such initial series of | ||||||
24 | Bonds may, and each
subsequent series of Bonds shall, also be | ||||||
25 | issued pursuant to a supplemental
trust indenture | ||||||
26 | ("Supplemental Indenture") executed and delivered on behalf
of |
| |||||||
| |||||||
1 | the State by the Director of the
Governor's Office of | ||||||
2 | Management and Budget, each such
Supplemental
Indenture to be | ||||||
3 | in substantially the form approved in the Bond Sale Order
| ||||||
4 | relating to such series. The Master Indenture and any | ||||||
5 | Supplemental
Indenture shall be entered into with a bank or | ||||||
6 | trust company in the State
of Illinois having trust powers and | ||||||
7 | possessing capital and surplus of not
less than $100,000,000. | ||||||
8 | Such indentures shall set forth the terms and
conditions of the | ||||||
9 | Bonds and provide for payment of and security for the
Bonds, | ||||||
10 | including the establishment and maintenance of debt service and
| ||||||
11 | reserve funds, and for other protections for holders of the | ||||||
12 | Bonds.
The term "reserve funds" as used in this Act shall | ||||||
13 | include funds and
accounts established under indentures to | ||||||
14 | provide for the payment of
principal of and premium and | ||||||
15 | interest on Bonds, to provide for the purchase,
retirement or | ||||||
16 | defeasance of Bonds, to provide for fees of
trustees, | ||||||
17 | registrars, paying agents and other fiduciaries and to provide
| ||||||
18 | for payment of costs of and debt service payable in respect of | ||||||
19 | credit or
liquidity enhancement arrangements, interest rate | ||||||
20 | swaps or guarantees or
financial futures contracts and
indexing | ||||||
21 | and remarketing agents' services.
| ||||||
22 | In the case of any series of Bonds bearing interest at a | ||||||
23 | variable
interest rate ("Variable Rate Bonds"), in lieu of | ||||||
24 | determining the rate or
rates at which such series of Variable | ||||||
25 | Rate Bonds shall bear interest and
the price or prices
at which | ||||||
26 | such Variable Rate Bonds shall be initially sold or remarketed |
| |||||||
| |||||||
1 | (in
the event of purchase and subsequent resale), the Bond
Sale | ||||||
2 | Order may provide that such interest rates and prices may vary | ||||||
3 | from time to time
depending on criteria established in such | ||||||
4 | Bond Sale Order, which criteria
may include, without | ||||||
5 | limitation, references to indices or variations in
interest | ||||||
6 | rates as may, in the judgment of a remarketing agent, be
| ||||||
7 | necessary to cause Bonds of such series to be remarketable from | ||||||
8 | time to
time at a price equal to their principal amount (or | ||||||
9 | compound accreted
value in the case of original issue discount | ||||||
10 | Bonds), and may provide for
appointment of indexing agents and | ||||||
11 | a bank, trust company,
investment bank or other financial | ||||||
12 | institution to serve as remarketing
agent in that connection. | ||||||
13 | The Bond Sale Order may provide that alternative
interest rates | ||||||
14 | or provisions for establishing alternative interest rates,
| ||||||
15 | different security or claim priorities or different call or | ||||||
16 | amortization provisions
will apply during such times as Bonds | ||||||
17 | of any series are held by a person
providing credit or | ||||||
18 | liquidity enhancement arrangements for such Bonds as
| ||||||
19 | authorized in subsection (b) of Section 6 of this Act.
| ||||||
20 | (b) In connection with the issuance of any series of Bonds, | ||||||
21 | the State
may enter into arrangements to provide additional | ||||||
22 | security and liquidity
for such Bonds, including, without | ||||||
23 | limitation, bond or interest rate
insurance or letters of | ||||||
24 | credit, lines of credit, bond purchase contracts or
other | ||||||
25 | arrangements whereby funds are made
available to retire or | ||||||
26 | purchase Bonds, thereby assuring the ability of
owners of the |
| |||||||
| |||||||
1 | Bonds to sell or redeem their Bonds.
The State may enter into | ||||||
2 | contracts and may agree to pay fees to persons
providing such | ||||||
3 | arrangements, but only under circumstances where the
Director | ||||||
4 | of the Bureau of the Budget
(now Governor's Office of | ||||||
5 | Management and Budget)
certifies that he reasonably expects
the | ||||||
6 | total interest paid or to be paid on the Bonds, together with | ||||||
7 | the fees
for the arrangements (being treated as if interest), | ||||||
8 | would not, taken
together, cause the Bonds to bear interest, | ||||||
9 | calculated to their stated
maturity, at a rate in excess of the | ||||||
10 | rate which the Bonds would bear in the
absence of such | ||||||
11 | arrangements. Any bonds, notes or other evidences of
| ||||||
12 | indebtedness issued pursuant to any such arrangements for the | ||||||
13 | purpose of
retiring and discharging outstanding Bonds
shall | ||||||
14 | constitute refunding Bonds
under Section 15 of this Act. The | ||||||
15 | State may participate in and enter
into arrangements with | ||||||
16 | respect to interest rate swaps or guarantees or
financial | ||||||
17 | futures contracts for the
purpose of limiting or restricting | ||||||
18 | interest rate risk; provided
that such arrangements shall be | ||||||
19 | made with or executed through banks
having capital and surplus | ||||||
20 | of not less than $100,000,000 or insurance
companies holding | ||||||
21 | the
highest policyholder rating accorded insurers by A.M. Best & | ||||||
22 | Co. or any
comparable rating service or government bond | ||||||
23 | dealers reporting to, trading
with, and recognized as primary | ||||||
24 | dealers by a Federal Reserve Bank and
having capital and | ||||||
25 | surplus of not less than $100,000,000,
or other persons whose
| ||||||
26 | debt securities are rated in the highest long-term categories |
| |||||||
| |||||||
1 | by both
Moody's Investors' Services, Inc. and Standard & Poor's | ||||||
2 | Corporation.
Agreements incorporating any of the foregoing | ||||||
3 | arrangements may be executed
and delivered by the Director of | ||||||
4 | the
Governor's Office of Management and Budget on behalf of the
| ||||||
5 | State in substantially the form approved in the Bond Sale Order | ||||||
6 | relating to
such Bonds.
| ||||||
7 | (c) "Build America Bonds" in this Section means Bonds | ||||||
8 | authorized by Section 54AA of the Internal Revenue Code of | ||||||
9 | 1986, as amended ("Internal Revenue Code"), and bonds issued | ||||||
10 | from time to time to refund or continue to refund "Build | ||||||
11 | America 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 | ||||||
15 | in this Section, shall be sold from time to time pursuant to
| ||||||
16 | notice of sale and public bid or by negotiated sale in such | ||||||
17 | amounts and at such
times as are directed by the Governor, upon | ||||||
18 | recommendation by the Director of
the Governor's Office of | ||||||
19 | Management and Budget. At least 25%, based on total principal | ||||||
20 | amount, of all Bonds issued each fiscal year shall be sold | ||||||
21 | pursuant to notice of sale and public bid. At all times during | ||||||
22 | each fiscal year, no more than 75%, based on total principal | ||||||
23 | amount, of the Bonds issued each fiscal year shall have been | ||||||
24 | sold by negotiated sale. Failure to satisfy the requirements in | ||||||
25 | the preceding 2 sentences shall not affect the validity of any |
| |||||||
| |||||||
1 | previously issued Bonds; and further provided that refunding | ||||||
2 | Bonds satisfying the requirements of Section 15 of this Act and | ||||||
3 | sold during fiscal year 2009, 2010, 2011, or 2017 , or 2018 | ||||||
4 | shall not be subject to the requirements in the preceding 2 | ||||||
5 | sentences. | ||||||
6 | If any Bonds are to be sold pursuant to notice of sale and | ||||||
7 | public bid, the Director of the
Governor's Office of Management | ||||||
8 | and Budget shall comply with the
competitive request for | ||||||
9 | proposal process set forth in the Illinois
Procurement Code and | ||||||
10 | all other applicable requirements of that Code. | ||||||
11 | If Bonds are to be sold pursuant to notice of sale and | ||||||
12 | public bid, the
Director of the
Governor's Office of Management | ||||||
13 | and Budget may, from time to time, as Bonds are to be sold, | ||||||
14 | advertise
the sale of the Bonds in at least 2 daily newspapers, | ||||||
15 | one of which is
published in the City of Springfield and one in | ||||||
16 | the City of Chicago. The sale
of the Bonds shall also be
| ||||||
17 | advertised in the volume of the Illinois Procurement Bulletin | ||||||
18 | that is
published by the Department of Central Management | ||||||
19 | Services, and shall be published once at least 10 days prior to | ||||||
20 | the date fixed
for the opening of the bids. The Director of the
| ||||||
21 | Governor's Office of Management and Budget may
reschedule the | ||||||
22 | date of sale upon the giving of such additional notice as the
| ||||||
23 | Director deems adequate to inform prospective bidders of
the | ||||||
24 | change; provided, however, that all other conditions of the | ||||||
25 | sale shall
continue as originally advertised.
Executed Bonds | ||||||
26 | shall, upon payment
therefor, be delivered to the purchaser, |
| |||||||
| |||||||
1 | and the proceeds of Bonds shall be
paid into the State Treasury | ||||||
2 | as
directed by Section 9 of this Act.
The
Governor or the | ||||||
3 | Director of the
Governor's Office of Management and Budget is | ||||||
4 | hereby authorized
and directed to execute and
deliver contracts | ||||||
5 | of sale with underwriters and to execute and deliver such
| ||||||
6 | certificates, indentures, agreements and documents, including | ||||||
7 | any
supplements or amendments thereto, and to take such actions | ||||||
8 | and do such
things as shall be necessary or desirable to carry | ||||||
9 | out the purposes of this
Act.
Any action authorized or | ||||||
10 | permitted to be taken by the Director of the
Governor's Office | ||||||
11 | of Management and Budget
pursuant to this Act is hereby | ||||||
12 | authorized to be taken
by any person specifically designated by | ||||||
13 | the Governor to take such action
in a certificate signed by the | ||||||
14 | Governor 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 | ||||||
18 | authorized for
the purpose of refunding any outstanding Bonds, | ||||||
19 | including the payment of
any redemption premium thereon, any | ||||||
20 | reasonable expenses of such refunding,
and any interest accrued | ||||||
21 | or to accrue to the earliest or any subsequent
date of | ||||||
22 | redemption or maturity of outstanding Bonds; provided that all | ||||||
23 | non-refunding Bonds in an issue that includes
refunding Bonds | ||||||
24 | shall mature no later than the final maturity date of Bonds
| ||||||
25 | being refunded; provided that no refunding Bonds shall be |
| |||||||
| |||||||
1 | offered for sale unless the net present value of debt service | ||||||
2 | savings to be achieved by the issuance of the refunding Bonds | ||||||
3 | is 3% or more of the principal amount of the refunding Bonds to | ||||||
4 | be issued; and further provided that, except for refunding | ||||||
5 | Bonds sold in fiscal year 2009, 2010, 2011, or 2017, or 2018, | ||||||
6 | the maturities of the refunding Bonds shall not extend beyond | ||||||
7 | the maturities of the Bonds they refund, so that for each | ||||||
8 | fiscal year in the maturity schedule of a particular issue of | ||||||
9 | refunding Bonds, the total amount of refunding principal | ||||||
10 | maturing and redemption amounts due in that fiscal year and all | ||||||
11 | prior fiscal years in that schedule shall be greater than or | ||||||
12 | equal to the total amount of refunded principal and redemption | ||||||
13 | amounts that had been due over that year and all prior fiscal | ||||||
14 | years prior to the refunding.
| ||||||
15 | Refunding Bonds may be sold in such amounts and at such | ||||||
16 | times, as
directed by the Governor upon
recommendation by the | ||||||
17 | Director of the
Governor's Office of Management and Budget. The | ||||||
18 | Governor
shall notify the State Treasurer and
Comptroller of | ||||||
19 | such refunding. The proceeds received from the sale of
| ||||||
20 | refunding Bonds shall be used
for the retirement at maturity or | ||||||
21 | redemption of such outstanding Bonds on
any maturity or | ||||||
22 | redemption date and, pending such use, shall be placed in
| ||||||
23 | escrow, subject to such terms and conditions as shall be | ||||||
24 | provided for in
the Bond Sale Order relating to the refunding | ||||||
25 | Bonds. This Act shall
constitute an irrevocable and continuing
| ||||||
26 | appropriation of all amounts necessary to establish an escrow |
| |||||||
| |||||||
1 | account for
the purpose of refunding outstanding Bonds and to | ||||||
2 | pay the reasonable
expenses of such refunding and of the | ||||||
3 | issuance and sale of the refunding
Bonds. Any such escrowed | ||||||
4 | proceeds may be invested and
reinvested in direct obligations | ||||||
5 | of the United States of America, maturing
at such time or times | ||||||
6 | as shall be appropriate to assure the prompt payment,
when due,
| ||||||
7 | of the principal of and interest and redemption premium, if | ||||||
8 | any, on the
refunded Bonds. After the terms of the escrow have | ||||||
9 | been fully satisfied,
any remaining balance of such proceeds | ||||||
10 | and interest, income and profits
earned or realized on the | ||||||
11 | investments thereof shall be paid into the
General Revenue | ||||||
12 | Fund. The liability of the State upon the refunded Bonds
shall | ||||||
13 | continue, provided that the holders thereof shall thereafter be
| ||||||
14 | entitled to payment only out of the moneys deposited in the | ||||||
15 | escrow account
and the refunded Bonds shall be deemed paid, | ||||||
16 | discharged and no longer to be
outstanding.
| ||||||
17 | Except as otherwise herein provided in this Section, such | ||||||
18 | refunding Bonds
shall in all other respects be issued pursuant | ||||||
19 | to and subject to the terms
and conditions of this Act and | ||||||
20 | shall be secured by and payable from only the
funds and sources | ||||||
21 | which 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 | ||||||
24 | adding Section 3-5 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 540/3-5 new) | ||||||
2 | Sec. 3-5. Budget Stabilization Fund; insufficient | ||||||
3 | appropriation. If an agency incurs an interest liability under | ||||||
4 | this Act that is ordinarily payable from the Budget | ||||||
5 | Stabilization Fund, but the agency has insufficient | ||||||
6 | appropriation authority from the Budget Stabilization Fund to | ||||||
7 | make the interest payment at the time the interest payment is | ||||||
8 | due, the agency is authorized to pay the interest from its | ||||||
9 | available appropriations from the General Revenue Fund.
| ||||||
10 | Section 5-35. The Illinois Coal Technology Development | ||||||
11 | Assistance 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 | ||||||
14 | Assistance Fund. | ||||||
15 | (a) As soon
as may be practicable after the first day of | ||||||
16 | each month, the Department of
Revenue shall certify to the | ||||||
17 | Treasurer an amount equal to 1/64 of the revenue
realized from | ||||||
18 | the tax imposed by the Electricity Excise Tax Law, Section 2
of | ||||||
19 | the Public Utilities Revenue Act,
Section 2 of the Messages Tax | ||||||
20 | Act, and Section 2 of the Gas Revenue Tax Act,
during the | ||||||
21 | preceding month. Upon receipt of the certification, the | ||||||
22 | Treasurer
shall transfer the amount shown on such certification | ||||||
23 | from the General Revenue
Fund to the Coal Technology | ||||||
24 | Development Assistance Fund, which is hereby
created as a |
| |||||||
| |||||||
1 | special fund in the State treasury, except that no transfer | ||||||
2 | shall
be made in any month in which the Fund has reached the | ||||||
3 | following 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 |
| |||||||
| |||||||
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 | ||||||
5 | thereafter, the Treasurer shall make no transfers from the | ||||||
6 | General Revenue Fund to the Coal Technology Development | ||||||
7 | Assistance Fund. | ||||||
8 | (Source: P.A. 99-78, eff. 7-20-15.)
| ||||||
9 | Section 5-37. The Downstate Public Transportation Act is | ||||||
10 | amended by changing Sections 2-2.04, 2-3, 2-5.1, 2-7, and 2-15 | ||||||
11 | as 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 | ||||||
14 | expenses required
for public transportation, including | ||||||
15 | employee wages and benefits,
materials, fuels, supplies, | ||||||
16 | rental of facilities, taxes other than income
taxes, payment | ||||||
17 | made for debt service (including principal and interest) on
| ||||||
18 | publicly owned equipment or facilities, and any other | ||||||
19 | expenditure which is
an operating expense according to standard | ||||||
20 | accounting practices for the
providing of public | ||||||
21 | transportation. Eligible operating expenses shall not
include | ||||||
22 | allowances: (a) for depreciation whether funded or unfunded; | ||||||
23 | (b)
for amortization of any intangible costs; (c) for debt | ||||||
24 | service on capital
acquired with the assistance of capital |
| |||||||
| |||||||
1 | grant funds provided by the State
of Illinois; (d) for profits | ||||||
2 | or return on investment; (e) for excessive
payment to | ||||||
3 | associated entities; (f) for Comprehensive Employment Training
| ||||||
4 | Act expenses; (g) for costs reimbursed under Sections 6 and 8 | ||||||
5 | of the "Urban
Mass Transportation Act of 1964", as amended; (h) | ||||||
6 | for entertainment
expenses; (i) for charter expenses; (j) for | ||||||
7 | fines and penalties; (k) for
charitable donations; (l) for | ||||||
8 | interest expense on long term borrowing and
debt retirement | ||||||
9 | other than on publicly owned equipment or facilities; (m)
for | ||||||
10 | income taxes; or (n) for such other expenses as the Department | ||||||
11 | may
determine consistent with federal Department of | ||||||
12 | Transportation regulations
or requirements. In consultation | ||||||
13 | with participants, the Department shall, by October 2008, | ||||||
14 | promulgate or update rules, pursuant to the Illinois | ||||||
15 | Administrative Procedure Act, concerning eligible expenses to | ||||||
16 | ensure consistent application of the Act, and the Department | ||||||
17 | shall provide written copies of those rules to all eligible | ||||||
18 | recipients. The Department shall review this process in the | ||||||
19 | same manner no less frequently than every 5 years.
| ||||||
20 | With respect to participants other than any Metro-East | ||||||
21 | Transit District
participant and those receiving federal | ||||||
22 | research development and demonstration
funds pursuant to | ||||||
23 | Section 6 of the "Urban Mass Transportation Act of 1964",
as | ||||||
24 | amended, during the fiscal year ending June 30, 1979, the | ||||||
25 | maximum eligible
operating expenses for any such participant in | ||||||
26 | any fiscal year after Fiscal
Year 1980 shall be the amount |
| |||||||
| |||||||
1 | appropriated for such participant for the
fiscal year ending | ||||||
2 | June 30, 1980, plus in each year a 10% increase over
the | ||||||
3 | maximum established for the preceding fiscal year. For Fiscal | ||||||
4 | Year
1980 the maximum eligible operating expenses for any such | ||||||
5 | participant shall
be the amount of projected operating expenses | ||||||
6 | upon which the appropriation
for such participant for Fiscal | ||||||
7 | Year 1980 is based.
| ||||||
8 | With respect to participants receiving federal research | ||||||
9 | development and
demonstration operating assistance funds for | ||||||
10 | operating assistance pursuant
to Section 6 of the "Urban Mass | ||||||
11 | Transportation Act of 1964", as amended,
during the fiscal year | ||||||
12 | ending June 30, 1979, the maximum eligible operating
expenses | ||||||
13 | for any such participant in any fiscal year after Fiscal Year | ||||||
14 | 1980
shall not exceed such participant's eligible operating | ||||||
15 | expenses for the
fiscal year ending June 30, 1980, plus in each | ||||||
16 | year a 10% increase over
the maximum established for the | ||||||
17 | preceding fiscal year. For Fiscal Year
1980, the maximum | ||||||
18 | eligible operating expenses for any such participant shall
be | ||||||
19 | the eligible operating expenses incurred during such fiscal | ||||||
20 | year, or
projected operating expenses upon which the | ||||||
21 | appropriation for such participant
for the Fiscal Year 1980 is | ||||||
22 | based; whichever is less.
| ||||||
23 | With respect to all participants other than any Metro-East | ||||||
24 | Transit
District participant, the maximum eligible operating | ||||||
25 | expenses for any such
participant in any fiscal year after | ||||||
26 | Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
|
| |||||||
| |||||||
1 | shall be the amount
appropriated for such participant for the | ||||||
2 | fiscal year ending June 30, 1985,
plus in each year a 10% | ||||||
3 | increase over the maximum established for the preceding
year. | ||||||
4 | For Fiscal Year 1985, the maximum eligible operating expenses | ||||||
5 | for
any such participant shall be the amount of projected | ||||||
6 | operating expenses
upon which the appropriation for such | ||||||
7 | participant for Fiscal Year 1985 is
based.
| ||||||
8 | With respect to any mass transit district participant that | ||||||
9 | has increased
its district boundaries by annexing counties | ||||||
10 | since 1998 and is maintaining a
level of local financial | ||||||
11 | support, including all income and revenues, equal to
or greater | ||||||
12 | than the level in the State fiscal year ending June 30, 2001, | ||||||
13 | the
maximum eligible operating expenses for any State fiscal | ||||||
14 | year after 2002 (except State fiscal years
2006 through 2009) | ||||||
15 | shall
be the amount appropriated for that participant for the | ||||||
16 | State fiscal year
ending June 30, 2002, plus, in each State | ||||||
17 | fiscal year, a 10% increase over the
preceding State fiscal | ||||||
18 | year. For State fiscal year 2002, the maximum eligible
| ||||||
19 | operating expenses for any such participant shall be the amount | ||||||
20 | of projected
operating expenses upon which the appropriation | ||||||
21 | for that participant for State
fiscal year 2002 is based. For | ||||||
22 | that participant, eligible operating expenses
for State fiscal | ||||||
23 | year 2002 in excess of the eligible operating expenses for the
| ||||||
24 | State fiscal year ending June 30, 2001, plus 10%, must be | ||||||
25 | attributed to the
provision of services in the newly annexed | ||||||
26 | counties. Beginning July 1, 2017 the 10% mandatory |
| |||||||
| |||||||
1 | appropriation increase for each State fiscal year shall no | ||||||
2 | longer be applied.
| ||||||
3 | With respect to a participant that receives an initial | ||||||
4 | appropriation in State
fiscal year 2002 or thereafter, the | ||||||
5 | maximum eligible operating expenses for any State fiscal
year | ||||||
6 | after 2003 (except State fiscal years
2006 through 2009) shall | ||||||
7 | be the amount appropriated for that participant for the
State | ||||||
8 | fiscal year in which it received its initial appropriation, | ||||||
9 | plus, in each year, a 10% increase over
the preceding year. For | ||||||
10 | the initial State fiscal year in which a participant received | ||||||
11 | an appropriation, the maximum eligible operating
expenses for | ||||||
12 | any such participant shall be the amount of projected operating
| ||||||
13 | expenses upon which the appropriation for that participant for | ||||||
14 | that State fiscal
year is based. Beginning July 1, 2017 the 10% | ||||||
15 | mandatory appropriation increase for each State fiscal year | ||||||
16 | shall no longer be applied.
| ||||||
17 | With respect to the District serving primarily the counties | ||||||
18 | of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | ||||||
19 | County Transit District shall no longer be included for new | ||||||
20 | appropriation funding purposes as part of the Metro-East Public | ||||||
21 | Transportation Fund and instead shall be included for new | ||||||
22 | appropriation funding purposes as part of the Downstate Public | ||||||
23 | Transportation Fund; provided, however, that nothing herein | ||||||
24 | shall alter the eligibility of that District for previously | ||||||
25 | appropriated funds to which it would otherwise be entitled.
| ||||||
26 | With respect to the District serving primarily Madison |
| |||||||
| |||||||
1 | County, beginning July 1, 2008, the Madison County Transit | ||||||
2 | District shall no longer be included for new appropriation | ||||||
3 | funding purposes as part of the Metro-East Public | ||||||
4 | Transportation Fund and instead shall be included for new | ||||||
5 | appropriation funding purposes as part of the Downstate Public | ||||||
6 | Transportation Fund; provided, however, that nothing herein | ||||||
7 | shall alter the eligibility of that District for previously | ||||||
8 | appropriated funds to which it would otherwise be entitled. | ||||||
9 | With respect to the fiscal year beginning July 1, 2007, and | ||||||
10 | thereafter, the following shall be included for new | ||||||
11 | appropriation funding purposes as part of the Downstate Public | ||||||
12 | Transportation Fund: Bond County; Bureau County; Coles County; | ||||||
13 | Edgar County; Stephenson County and the City of Freeport; Henry | ||||||
14 | County; Jo Daviess County; Kankakee and McLean Counties; Peoria | ||||||
15 | County; Piatt County; Shelby County; Tazewell and Woodford | ||||||
16 | Counties; Vermilion County; Williamson County; and Kendall | ||||||
17 | County.
| ||||||
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 | ||||||
21 | each month,
beginning July 1, 1984, upon certification of the | ||||||
22 | Department of Revenue,
the Comptroller shall order | ||||||
23 | transferred, and the Treasurer shall
transfer, from the General | ||||||
24 | Revenue Fund to a special fund in the State
Treasury which is | ||||||
25 | hereby created, to be known as the "Downstate Public
|
| |||||||
| |||||||
1 | Transportation Fund", an amount equal to 2/32 (beginning July | ||||||
2 | 1, 2005, 3/32) (beginning July 1, 2017, 8.6%) of the net | ||||||
3 | revenue
realized from the "Retailers' Occupation Tax Act", as | ||||||
4 | now or hereafter
amended, the "Service Occupation Tax Act", as | ||||||
5 | now or hereafter amended,
the "Use Tax Act", as now or | ||||||
6 | hereafter amended, and the "Service Use Tax
Act", as now or | ||||||
7 | hereafter amended, from persons incurring municipal or
county | ||||||
8 | retailers' or service occupation tax liability for the benefit | ||||||
9 | of
any municipality or county located wholly within the | ||||||
10 | boundaries of each
participant other than any Metro-East | ||||||
11 | Transit District participant
certified pursuant to subsection | ||||||
12 | (c) of this Section during the
preceding month, except that the | ||||||
13 | Department shall pay into the Downstate
Public Transportation | ||||||
14 | Fund 2/32 (beginning July 1, 2005, 3/32) (beginning July 1, | ||||||
15 | 2017, 8.6%) of 80% of the net revenue realized under
the State | ||||||
16 | tax Acts named above within any municipality or county located
| ||||||
17 | wholly within the boundaries of each participant, other than | ||||||
18 | any Metro-East
participant, for tax periods beginning on or | ||||||
19 | after January 1, 1990.
Net revenue realized for a month shall | ||||||
20 | be the revenue
collected by the State pursuant to such Acts | ||||||
21 | during the previous month
from persons incurring municipal or | ||||||
22 | county retailers' or service
occupation tax liability for the | ||||||
23 | benefit of any municipality or county
located wholly within the | ||||||
24 | boundaries of a participant, less the amount
paid out during | ||||||
25 | that same month as refunds or credit memoranda to
taxpayers for | ||||||
26 | overpayment of liability under such Acts for the benefit
of any |
| |||||||
| |||||||
1 | municipality or county located wholly within the boundaries of | ||||||
2 | a
participant.
| ||||||
3 | (b) As soon as possible after the first day of each month, | ||||||
4 | beginning
July 1, 1989, upon certification of the Department of | ||||||
5 | Revenue, the
Comptroller shall order transferred, and the | ||||||
6 | Treasurer shall transfer, from
the General Revenue Fund to a | ||||||
7 | special fund in the State Treasury which is
hereby created, to | ||||||
8 | be known as the "Metro-East Public Transportation Fund",
an | ||||||
9 | amount equal to 2/32 of the net revenue realized, as above, | ||||||
10 | from within
the boundaries of Madison, Monroe, and St. Clair | ||||||
11 | Counties, except that the
Department shall pay into the | ||||||
12 | Metro-East Public Transportation Fund 2/32 of
80% of the net | ||||||
13 | revenue realized under the State tax Acts specified in
| ||||||
14 | subsection (a) of this Section within the boundaries of
| ||||||
15 | Madison, Monroe and St. Clair Counties for tax periods | ||||||
16 | beginning on or
after January 1, 1990. A local match
equivalent | ||||||
17 | to 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 | ||||||
19 | Madison County is required annually to cause a total of 2/32
of | ||||||
20 | the net revenue to be deposited in the Metro-East Public | ||||||
21 | Transportation
Fund. Failure to raise the required local match | ||||||
22 | annually shall result in
only 1/32 being deposited into the | ||||||
23 | Metro-East Public Transportation Fund
after July 1, 1989, or | ||||||
24 | 1/32 of 80% of the net revenue realized for tax
periods | ||||||
25 | beginning on or after January 1, 1990.
| ||||||
26 | (b-5) As soon as possible after the first day of each |
| |||||||
| |||||||
1 | month, beginning July 1, 2005, upon certification of the | ||||||
2 | Department of Revenue, the Comptroller shall order | ||||||
3 | transferred, and the Treasurer shall transfer, from the General | ||||||
4 | Revenue Fund to the Downstate Public Transportation Fund, an | ||||||
5 | amount equal to 3/32 (beginning July 1, 2017, 8.6%) of 80% of | ||||||
6 | the net revenue realized from within the boundaries of Monroe | ||||||
7 | and St. Clair Counties under the State Tax Acts specified in | ||||||
8 | subsection (a) of this Section and provided further that, | ||||||
9 | beginning July 1, 2005, the provisions of subsection (b) shall | ||||||
10 | no longer apply with respect to such tax receipts from Monroe | ||||||
11 | and St. Clair Counties.
| ||||||
12 | (b-6) As soon as possible after the first day of each | ||||||
13 | month, beginning July 1, 2008, upon certification by the | ||||||
14 | Department of Revenue, the Comptroller shall order transferred | ||||||
15 | and the Treasurer shall transfer, from the General Revenue Fund | ||||||
16 | to the Downstate Public Transportation Fund, an amount equal to | ||||||
17 | 3/32 (beginning July 1, 2017, 8.6%) of 80% of the net revenue | ||||||
18 | realized from within the boundaries of Madison County under the | ||||||
19 | State Tax Acts specified in subsection (a) of this Section and | ||||||
20 | provided further that, beginning July 1, 2008, the provisions | ||||||
21 | of subsection (b) shall no longer apply with respect to such | ||||||
22 | tax receipts from Madison County. | ||||||
23 | (c) The Department shall certify to the Department of | ||||||
24 | Revenue the
eligible participants under this Article and the | ||||||
25 | territorial boundaries
of such participants for the purposes of | ||||||
26 | the Department of Revenue in
subsections (a) and (b) of this |
| |||||||
| |||||||
1 | Section.
| ||||||
2 | (d) For the purposes of this Article, beginning in fiscal | ||||||
3 | year 2009 the General Assembly shall appropriate
an amount from | ||||||
4 | the Downstate Public Transportation Fund equal to the sum total | ||||||
5 | funds projected to be paid to the
participants pursuant to | ||||||
6 | Section 2-7. If the General Assembly fails to make | ||||||
7 | appropriations sufficient to cover the amounts projected to be | ||||||
8 | paid pursuant to Section 2-7, this Act shall constitute an | ||||||
9 | irrevocable and continuing appropriation from the Downstate | ||||||
10 | Public Transportation Fund of all amounts necessary for those | ||||||
11 | purposes. | ||||||
12 | (e) Notwithstanding anything in this Section to the | ||||||
13 | contrary, amounts transferred from the General Revenue Fund to | ||||||
14 | the Downstate Public Transportation Fund pursuant to this | ||||||
15 | Section shall not exceed $169,000,000 in State fiscal year | ||||||
16 | 2012.
| ||||||
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 | ||||||
21 | on or after the effective date of this amendatory Act of the | ||||||
22 | 94th General Assembly shall, in addition to any other | ||||||
23 | requirements under this Article, meet all of the following | ||||||
24 | requirements when applying for grants under this Article:
| ||||||
25 | (1) The grant application must demonstrate the |
| |||||||
| |||||||
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, | ||||||
20 | 2005 by either annexation or intergovernmental agreement must | ||||||
21 | meet the 4 requirements of subsection (a). | ||||||
22 | (c) In order to receive funding, the Department shall | ||||||
23 | certify that the participant has met the requirements of this | ||||||
24 | Section. Funding priority shall be given to service extension, | ||||||
25 | multi-county, and multi-jurisdictional projects. | ||||||
26 | (d) The Department shall develop an annual application |
| |||||||
| |||||||
1 | process for existing or potential participants to request an | ||||||
2 | initial appropriation or an appropriation exceeding the | ||||||
3 | formula amount found in subsection (b-10) of Section 2-7 for | ||||||
4 | funding service in new areas in the next fiscal year. The | ||||||
5 | application shall include, but not be limited to, a description | ||||||
6 | of the new service area, proposed service in the new area, and | ||||||
7 | a budget for providing existing and new service. The Department | ||||||
8 | shall review the application for reasonableness and compliance | ||||||
9 | with the requirements of this Section, and, if it approves the | ||||||
10 | application, shall recommend to the Governor an appropriation | ||||||
11 | for the next fiscal year in an amount sufficient to provide 55% | ||||||
12 | 65% of projected eligible operating expenses associated with a | ||||||
13 | new participant's service area or the portion of an existing | ||||||
14 | participant's service area that has been expanded by annexation | ||||||
15 | or intergovernmental agreement. The recommended appropriation | ||||||
16 | for the next fiscal year may exceed the formula amount found in | ||||||
17 | subsection (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
| ||||||
22 | later than 60 days following the end of each quarter
of any | ||||||
23 | fiscal year, file
with the Department on forms provided by the | ||||||
24 | Department for that purpose, a
report of the actual operating | ||||||
25 | deficit experienced during that quarter. The
Department shall, |
| |||||||
| |||||||
1 | upon receipt of the quarterly report, determine whether
the | ||||||
2 | operating deficits were incurred in conformity with
the program | ||||||
3 | of proposed expenditures approved by the Department pursuant to
| ||||||
4 | Section 2-11. Any Metro-East District may either monthly or | ||||||
5 | quarterly for
any fiscal year file a request for the | ||||||
6 | participant's eligible share, as
allocated in accordance with | ||||||
7 | Section 2-6, of the amounts transferred into the
Metro-East | ||||||
8 | Public Transportation Fund.
| ||||||
9 | (b) Each participant other than any Metro-East Transit | ||||||
10 | District
participant shall, 30 days before the end of each | ||||||
11 | quarter, file with the
Department
on forms provided by the | ||||||
12 | Department for such purposes a report of the projected
eligible | ||||||
13 | operating expenses to be incurred in the next quarter and 30 | ||||||
14 | days
before the third and fourth quarters of any fiscal year a | ||||||
15 | statement of actual
eligible operating expenses incurred in the | ||||||
16 | preceding quarters. Except as otherwise provided in subsection | ||||||
17 | (b-5), within
45 days of receipt by the Department of such | ||||||
18 | quarterly report, the Comptroller
shall order paid and the | ||||||
19 | Treasurer shall pay from the Downstate Public
Transportation | ||||||
20 | Fund to each participant an amount equal to one-third of
such | ||||||
21 | participant's eligible operating expenses; provided, however, | ||||||
22 | that in
Fiscal Year 1997, the amount paid to each participant | ||||||
23 | from the
Downstate Public Transportation Fund shall be an | ||||||
24 | amount equal to 47% of
such participant's eligible operating | ||||||
25 | expenses and shall be increased to 49%
in Fiscal Year 1998, 51% | ||||||
26 | in Fiscal Year 1999, 53% in Fiscal Year 2000, 55%
in Fiscal |
| |||||||
| |||||||
1 | Years
2001 through 2007, and 65% in Fiscal Years Year 2008 | ||||||
2 | through 2017, and 55% in Fiscal Year 2018 and thereafter; | ||||||
3 | however, in any year that a participant
receives funding under | ||||||
4 | subsection (i) of Section 2705-305 of the Department of
| ||||||
5 | Transportation Law (20 ILCS 2705/2705-305) , that participant | ||||||
6 | shall be eligible
only for assistance equal to the following | ||||||
7 | percentage of its eligible operating
expenses: 42% in Fiscal | ||||||
8 | Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year
1999, | ||||||
9 | 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and | ||||||
10 | thereafter. Any
such payment for the third and fourth quarters | ||||||
11 | of any fiscal year shall be
adjusted to reflect
actual eligible | ||||||
12 | operating expenses for preceding quarters of such fiscal
year. | ||||||
13 | However, no participant shall receive an amount less than that | ||||||
14 | which
was received in the immediate prior year, provided in the | ||||||
15 | event of a
shortfall in the fund those participants receiving | ||||||
16 | less than their full
allocation pursuant to Section 2-6 of this | ||||||
17 | Article shall be the first
participants to receive an amount | ||||||
18 | not 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 | ||||||
21 | appropriation in an amount equal to 65% of its fiscal year 2008 | ||||||
22 | eligible operating expenses adjusted by the annual 10% increase | ||||||
23 | required by Section 2-2.04 of this Act. In no case shall any | ||||||
24 | participant receive an appropriation that is less than its | ||||||
25 | fiscal year 2008 appropriation. Every fiscal year thereafter, | ||||||
26 | each participant's appropriation shall increase by 10% over the |
| |||||||
| |||||||
1 | appropriation established for the preceding fiscal year as | ||||||
2 | required by Section 2-2.04 of this Act.
| ||||||
3 | (b-15) Beginning on July 1, 2007, and for each fiscal year | ||||||
4 | thereafter, each participant shall maintain a minimum local | ||||||
5 | share contribution (from farebox and all other local revenues) | ||||||
6 | equal to the actual amount provided in Fiscal Year 2006 or, for | ||||||
7 | new recipients, an amount equivalent to the local share | ||||||
8 | provided in the first year of participation.
The local share | ||||||
9 | contribution shall be reduced by an amount equal to the total | ||||||
10 | amount of lost revenue for services provided under Section | ||||||
11 | 2-15.2 and Section 2-15.3 of this Act. | ||||||
12 | (b-20) Any participant in the Downstate Public | ||||||
13 | Transportation Fund may use State operating assistance | ||||||
14 | pursuant to this Section to provide transportation services | ||||||
15 | within any county that is contiguous to its territorial | ||||||
16 | boundaries as defined by the Department and subject to | ||||||
17 | Departmental approval. Any such contiguous-area service | ||||||
18 | provided by a participant after July 1, 2007 must meet the | ||||||
19 | requirements of subsection (a) of Section 2-5.1.
| ||||||
20 | (c) No later than 180 days following the last day of the | ||||||
21 | Fiscal Year each
participant shall provide the Department with | ||||||
22 | an audit prepared by a Certified
Public Accountant covering | ||||||
23 | that Fiscal Year. For those participants other than a | ||||||
24 | Metro-East Transit
District, any discrepancy between the | ||||||
25 | grants paid and the
percentage of the eligible operating | ||||||
26 | expenses provided for by paragraph
(b) of this Section shall be |
| |||||||
| |||||||
1 | reconciled by appropriate payment or credit.
In the case of any | ||||||
2 | Metro-East Transit District, any amount of payments from
the | ||||||
3 | Metro-East Public Transportation Fund which exceed the | ||||||
4 | eligible deficit
of the participant shall be reconciled by | ||||||
5 | appropriate payment or credit.
| ||||||
6 | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08; | ||||||
7 | 95-906, 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 | ||||||
11 | which remain in the Downstate Public Transportation Fund or the
| ||||||
12 | Metro-East Public Transportation Fund after the payment of the | ||||||
13 | fourth quarterly
payment to participants other than Metro-East | ||||||
14 | Transit District
participants and the last monthly payment to | ||||||
15 | Metro-East Transit
participants in each fiscal year shall be | ||||||
16 | transferred (i) to the
General Revenue Fund through fiscal year | ||||||
17 | 2008 , and (ii) to the Downstate Transit Improvement Fund for | ||||||
18 | fiscal year 2009 , and (iii) to the General Revenue Fund for | ||||||
19 | fiscal year 2018 and each fiscal year thereafter. Transfers | ||||||
20 | shall be made no later than 90 days following the end of such | ||||||
21 | fiscal
year. Beginning fiscal year 2010, all moneys each year | ||||||
22 | in the Downstate Transit Improvement Fund, held solely for the | ||||||
23 | benefit of the participants in the Downstate Public | ||||||
24 | Transportation Fund and shall be appropriated to the Department | ||||||
25 | to make competitive capital grants to the participants of the |
| |||||||
| |||||||
1 | respective funds. However, such amount as the Department | ||||||
2 | determines to be necessary
for (1) allocation to participants | ||||||
3 | for the purposes of Section 2-7 for
the first quarter of the | ||||||
4 | succeeding fiscal year and (2) an amount equal to
2% of the | ||||||
5 | total allocations to participants in the fiscal year just ended
| ||||||
6 | to be used for the purpose of audit adjustments shall be | ||||||
7 | retained in such
Funds to be used by the Department for such | ||||||
8 | purposes.
| ||||||
9 | (b) Notwithstanding any other provision of law, in addition | ||||||
10 | to any other transfers that may be provided by law, on July 1, | ||||||
11 | 2011, or as soon thereafter as practical, the State Comptroller | ||||||
12 | shall direct and the State Treasurer shall transfer the | ||||||
13 | remaining balance from the Metro East Public Transportation | ||||||
14 | Fund into the General Revenue Fund. Upon completion of the | ||||||
15 | transfers, the Metro East Public Transportation Fund is | ||||||
16 | dissolved, and any future deposits due to that Fund and any | ||||||
17 | outstanding obligations or liabilities of that Fund pass to the | ||||||
18 | General Revenue Fund. | ||||||
19 | (Source: P.A. 97-72, eff. 7-1-11.)
| ||||||
20 | Section 5-40. The Illinois Income Tax Act is amended by | ||||||
21 | changing Section 901 as follows:
| ||||||
22 | (35 ILCS 5/901) (from Ch. 120, par. 9-901) | ||||||
23 | Sec. 901. Collection authority. | ||||||
24 | (a) In general. |
| |||||||
| |||||||
1 | The Department shall collect the taxes imposed by this Act. | ||||||
2 | The Department
shall collect certified past due child support | ||||||
3 | amounts 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
| ||||||
6 | pursuant to subsections (a) and (b) of Section 201 of this Act | ||||||
7 | shall be
paid into the General Revenue Fund in the State | ||||||
8 | treasury; money
collected pursuant to subsections (c) and (d) | ||||||
9 | of Section 201 of this Act
shall be paid into the Personal | ||||||
10 | Property Tax Replacement Fund, a special
fund in the State | ||||||
11 | Treasury; and money collected under Section 2505-650 of the
| ||||||
12 | Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid
| ||||||
13 | into the
Child Support Enforcement Trust Fund, a special fund | ||||||
14 | outside the State
Treasury, or
to the State
Disbursement Unit | ||||||
15 | established under Section 10-26 of the Illinois Public Aid
| ||||||
16 | Code, as directed by the Department of Healthcare and Family | ||||||
17 | Services. | ||||||
18 | (b) Local Government Distributive Fund. | ||||||
19 | Beginning August 1, 1969, and continuing through June 30, | ||||||
20 | 1994, the Treasurer
shall transfer each month from the General | ||||||
21 | Revenue Fund to a special fund in
the State treasury, to be | ||||||
22 | known as the "Local Government Distributive Fund", an
amount | ||||||
23 | equal to 1/12 of the net revenue realized from the tax imposed | ||||||
24 | by
subsections (a) and (b) of Section 201 of this Act during | ||||||
25 | the preceding month.
Beginning July 1, 1994, and continuing | ||||||
26 | through June 30, 1995, the Treasurer
shall transfer each month |
| |||||||
| |||||||
1 | from the General Revenue Fund to the Local Government
| ||||||
2 | Distributive Fund an amount equal to 1/11 of the net revenue | ||||||
3 | realized from the
tax imposed by subsections (a) and (b) of | ||||||
4 | Section 201 of this Act during the
preceding month. Beginning | ||||||
5 | July 1, 1995 and continuing through January 31, 2011, the | ||||||
6 | Treasurer shall transfer each
month from the General Revenue | ||||||
7 | Fund to the Local Government Distributive Fund
an amount equal | ||||||
8 | to the net of (i) 1/10 of the net revenue realized from the
tax | ||||||
9 | imposed by
subsections (a) and (b) of Section 201 of the | ||||||
10 | Illinois Income Tax Act during
the preceding month
(ii) minus, | ||||||
11 | beginning July 1, 2003 and ending June 30, 2004, $6,666,666, | ||||||
12 | and
beginning July 1,
2004,
zero. Beginning February 1, 2011, | ||||||
13 | and continuing through January 31, 2015, the Treasurer shall | ||||||
14 | transfer each month from the General Revenue Fund to the Local | ||||||
15 | Government Distributive Fund an amount equal to the sum of (i) | ||||||
16 | 6% (10% of the ratio of the 3% individual income tax rate prior | ||||||
17 | to 2011 to the 5% individual income tax rate after 2010) of the | ||||||
18 | net revenue realized from the tax imposed by subsections (a) | ||||||
19 | and (b) of Section 201 of this Act upon individuals, trusts, | ||||||
20 | and estates during the preceding month and (ii) 6.86% (10% of | ||||||
21 | the ratio of the 4.8% corporate income tax rate prior to 2011 | ||||||
22 | to the 7% corporate income tax rate after 2010) of the net | ||||||
23 | revenue realized from the tax imposed by subsections (a) and | ||||||
24 | (b) of Section 201 of this Act upon corporations during the | ||||||
25 | preceding month. Beginning February 1, 2015 and continuing | ||||||
26 | through June 30, 2017 January 31, 2025 , the Treasurer shall |
| |||||||
| |||||||
1 | transfer each month from the General Revenue Fund to the Local | ||||||
2 | Government Distributive Fund an amount equal to the sum of (i) | ||||||
3 | 8% (10% of the ratio of the 3% individual income tax rate prior | ||||||
4 | to 2011 to the 3.75% individual income tax rate after 2014) of | ||||||
5 | the net revenue realized from the tax imposed by subsections | ||||||
6 | (a) and (b) of Section 201 of this Act upon individuals, | ||||||
7 | trusts, and estates during the preceding month and (ii) 9.14% | ||||||
8 | (10% of the ratio of the 4.8% corporate income tax rate prior | ||||||
9 | to 2011 to the 5.25% corporate income tax rate after 2014) of | ||||||
10 | the net revenue realized from the tax imposed by subsections | ||||||
11 | (a) and (b) of Section 201 of this Act upon corporations during | ||||||
12 | the preceding month. Beginning February 1, 2025, the Treasurer | ||||||
13 | shall transfer each month from the General Revenue Fund to the | ||||||
14 | Local Government Distributive Fund an amount equal to the sum | ||||||
15 | of (i) 9.23% (10% of the ratio of the 3% individual income tax | ||||||
16 | rate prior to 2011 to the 3.25% individual income tax rate | ||||||
17 | after 2024) of the net revenue realized from the tax imposed by | ||||||
18 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
19 | individuals, trusts, and estates during the preceding month and | ||||||
20 | (ii) 10% of the net revenue realized from the tax imposed by | ||||||
21 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
22 | corporations during the preceding month. Net revenue realized | ||||||
23 | for a month shall be defined as the
revenue from the tax | ||||||
24 | imposed by subsections (a) and (b) of Section 201 of this
Act | ||||||
25 | which is deposited in the General Revenue Fund, the Education | ||||||
26 | Assistance
Fund, the Income Tax Surcharge Local Government |
| |||||||
| |||||||
1 | Distributive Fund, the Fund for the Advancement of Education, | ||||||
2 | and the Commitment to Human Services Fund during the
month | ||||||
3 | minus the amount paid out of the General Revenue Fund in State | ||||||
4 | warrants
during that same month as refunds to taxpayers for | ||||||
5 | overpayment 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 | ||||||
8 | Act 98-1052), the Comptroller shall perform the transfers | ||||||
9 | required by this subsection (b) no later than 60 days after he | ||||||
10 | or she receives the certification from the Treasurer as | ||||||
11 | provided in Section 1 of the State Revenue Sharing Act. | ||||||
12 | Beginning July 1, 2017 through June 30, 2021, of the | ||||||
13 | amounts collected pursuant to subsections (a) and (b) of | ||||||
14 | Section 201 of this Act, minus deposits into the Income Tax | ||||||
15 | Refund Fund, the Department shall deposit into the Local | ||||||
16 | Government Distributive Fund the sum of (i) 5.45% (9.0% of the | ||||||
17 | ratio of the 3% income tax rate imposed on individuals, trusts | ||||||
18 | and estates prior to 2011 to the 4.95% individual income tax | ||||||
19 | rate beginning in 2017) of the amount collected from the tax | ||||||
20 | imposed by subsections (a) and (b) of Section 201 of this Act | ||||||
21 | upon individuals, trusts and estates plus (ii) 6.17% (9.0% of | ||||||
22 | the ratio of the 4.8% corporate income tax rate prior to 2011 | ||||||
23 | to the 7% corporate income tax rate beginning in 2017) of the | ||||||
24 | amount 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 |
| |||||||
| |||||||
1 | collected pursuant to subsections (a) and (b) of Section 201 of | ||||||
2 | this Act, minus deposits into the Income Tax Refund Fund, the | ||||||
3 | Department shall deposit into the Local Government | ||||||
4 | Distributive Fund the sum of (i) 7.2% (9.0% of the ratio of the | ||||||
5 | 3% income tax rate imposed on individuals, trusts and estates | ||||||
6 | prior to 2011 to the 3.75% individual income tax rate beginning | ||||||
7 | in 2022) of the amount collected from the tax imposed by | ||||||
8 | subsections (a) and (b) of Section 201 of this Act upon | ||||||
9 | individuals, trusts and estates plus (ii) 8.3% (9.0% of the | ||||||
10 | ratio of the 4.8% corporate income tax rate prior to 2011 to | ||||||
11 | the 5.2% corporate income tax rate beginning in 2022) of the | ||||||
12 | amount 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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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 | ||||||
7 | Income Tax
Surcharge Local Government Distributive Fund. | ||||||
8 | On July 1, 1991, and thereafter, of the amounts collected | ||||||
9 | pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||||||
10 | minus deposits into the
Income Tax Refund Fund, the Department | ||||||
11 | shall deposit 7.3% into the
Education Assistance Fund in the | ||||||
12 | State Treasury. Beginning July 1, 1991,
and continuing through | ||||||
13 | January 31, 1993, of the amounts collected pursuant to
| ||||||
14 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
15 | Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||||||
16 | Department shall deposit 3.0%
into the Income Tax Surcharge | ||||||
17 | Local Government Distributive Fund in the State
Treasury. | ||||||
18 | Beginning February 1, 1993 and continuing through June 30, | ||||||
19 | 1993, of
the amounts collected pursuant to subsections (a) and | ||||||
20 | (b) of Section 201 of the
Illinois Income Tax Act, minus | ||||||
21 | deposits into the Income Tax Refund Fund, the
Department shall | ||||||
22 | deposit 4.4% into the Income Tax Surcharge Local Government
| ||||||
23 | Distributive Fund in the State Treasury. Beginning July 1, | ||||||
24 | 1993, and
continuing through June 30, 1994, of the amounts | ||||||
25 | collected under subsections
(a) and (b) of Section 201 of this | ||||||
26 | Act, minus deposits into the Income Tax
Refund Fund, the |
| |||||||
| |||||||
1 | Department shall deposit 1.475% into the Income Tax Surcharge
| ||||||
2 | Local Government Distributive Fund in the State Treasury. | ||||||
3 | (f) Deposits into the Fund for the Advancement of | ||||||
4 | Education. Beginning February 1, 2015, the Department shall | ||||||
5 | deposit the following portions of the revenue realized from the | ||||||
6 | tax imposed upon individuals, trusts, and estates by | ||||||
7 | subsections (a) and (b) of Section 201 of this Act during the | ||||||
8 | preceding month, minus deposits into the Income Tax Refund | ||||||
9 | Fund, 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 | ||||||
14 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
15 | the Department shall not make the deposits required by this | ||||||
16 | subsection (f) on or after the effective date of the reduction. | ||||||
17 | (g) Deposits into the Commitment to Human Services Fund. | ||||||
18 | Beginning February 1, 2015, the Department shall deposit the | ||||||
19 | following portions of the revenue realized from the tax imposed | ||||||
20 | upon individuals, trusts, and estates by subsections (a) and | ||||||
21 | (b) of Section 201 of this Act during the preceding month, | ||||||
22 | minus deposits into the Income Tax Refund Fund, into the | ||||||
23 | Commitment 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. |
| |||||||
| |||||||
1 | If the rate of tax imposed by subsection (a) and (b) of | ||||||
2 | Section 201 is reduced pursuant to Section 201.5 of this Act, | ||||||
3 | the Department shall not make the deposits required by this | ||||||
4 | subsection (g) on or after the effective date of the reduction. | ||||||
5 | (h) Deposits into the Tax Compliance and Administration | ||||||
6 | Fund. Beginning on the first day of the first calendar month to | ||||||
7 | occur on or after August 26, 2014 (the effective date of Public | ||||||
8 | Act 98-1098), each month the Department shall pay into the Tax | ||||||
9 | Compliance and Administration Fund, to be used, subject to | ||||||
10 | appropriation, to fund additional auditors and compliance | ||||||
11 | personnel at the Department, an amount equal to 1/12 of 5% of | ||||||
12 | the cash receipts collected during the preceding fiscal year by | ||||||
13 | the Audit Bureau of the Department from the tax imposed by | ||||||
14 | subsections (a), (b), (c), and (d) of Section 201 of this Act, | ||||||
15 | net of deposits into the Income Tax Refund Fund made from those | ||||||
16 | cash receipts. | ||||||
17 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; | ||||||
18 | 98-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff. | ||||||
19 | 7-20-15.)
| ||||||
20 | Section 5-45. The School Code is amended by changing | ||||||
21 | Section 18-8.05 as follows:
| ||||||
22 | (105 ILCS 5/18-8.05)
| ||||||
23 | Sec. 18-8.05. Basis for apportionment of general State | ||||||
24 | financial aid and
supplemental general State aid to the common |
| |||||||
| |||||||
1 | schools for the 1998-1999 and
subsequent school years.
| ||||||
2 | (A) General Provisions. | ||||||
3 | (1) The provisions of this Section apply to the 1998-1999 | ||||||
4 | and subsequent
school years. The system of general State | ||||||
5 | financial aid provided for in this
Section
is designed to | ||||||
6 | assure that, through a combination of State financial aid and
| ||||||
7 | required local resources, the financial support provided each | ||||||
8 | pupil in Average
Daily Attendance equals or exceeds a
| ||||||
9 | prescribed per pupil Foundation Level. This formula approach | ||||||
10 | imputes a level
of per pupil Available Local Resources and | ||||||
11 | provides for the basis to calculate
a per pupil level of | ||||||
12 | general State financial aid that, when added to Available
Local | ||||||
13 | Resources, equals or exceeds the Foundation Level. The
amount | ||||||
14 | of per pupil general State financial aid for school districts, | ||||||
15 | in
general, varies in inverse
relation to Available Local | ||||||
16 | Resources. Per pupil amounts are based upon
each school | ||||||
17 | district's Average Daily Attendance as that term is defined in | ||||||
18 | this
Section. | ||||||
19 | (2) In addition to general State financial aid, school | ||||||
20 | districts with
specified levels or concentrations of pupils | ||||||
21 | from low income households are
eligible to receive supplemental | ||||||
22 | general State financial aid grants as provided
pursuant to | ||||||
23 | subsection (H).
The supplemental State aid grants provided for | ||||||
24 | school districts under
subsection (H) shall be appropriated for | ||||||
25 | distribution to school districts as
part of the same line item |
| |||||||
| |||||||
1 | in which the general State financial aid of school
districts is | ||||||
2 | appropriated under this Section. | ||||||
3 | (3) To receive financial assistance under this Section, | ||||||
4 | school districts
are required to file claims with the State | ||||||
5 | Board 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 |
| |||||||
| |||||||
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 | ||||||
6 | board of any district
receiving any of the grants provided for | ||||||
7 | in this Section may apply those funds
to any fund so received | ||||||
8 | for which that board is authorized to make expenditures
by law. | ||||||
9 | School districts are not required to exert a minimum | ||||||
10 | Operating Tax Rate in
order to qualify for assistance under | ||||||
11 | this Section. | ||||||
12 | (5) As used in this Section the following terms, when | ||||||
13 | capitalized, 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 |
| |||||||
| |||||||
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 | ||||||
11 | State representing
the minimum level of per pupil financial | ||||||
12 | support that should be available to
provide for the basic | ||||||
13 | education of each pupil in
Average Daily Attendance. As set | ||||||
14 | forth in this Section, each school district
is assumed to exert
| ||||||
15 | a sufficient local taxing effort such that, in combination with | ||||||
16 | the aggregate
of general State
financial aid provided the | ||||||
17 | district, an aggregate of State and local resources
are | ||||||
18 | available to meet
the basic education needs of pupils in the | ||||||
19 | district. | ||||||
20 | (2) For the 1998-1999 school year, the Foundation Level of | ||||||
21 | support is
$4,225. For the 1999-2000 school year, the | ||||||
22 | Foundation Level of support is
$4,325. For the 2000-2001 school | ||||||
23 | year, the Foundation Level of support is
$4,425. For the | ||||||
24 | 2001-2002 school year and 2002-2003 school year, the
Foundation | ||||||
25 | Level of support is $4,560. For the 2003-2004 school year, the |
| |||||||
| |||||||
1 | Foundation Level of support is $4,810. For the 2004-2005 school | ||||||
2 | year, the Foundation Level of support is $4,964.
For the | ||||||
3 | 2005-2006 school year,
the Foundation Level of support is | ||||||
4 | $5,164. For the 2006-2007 school year, the Foundation Level of | ||||||
5 | support is $5,334. For the 2007-2008 school year, the | ||||||
6 | Foundation Level of support is $5,734. For the 2008-2009 school | ||||||
7 | year, the Foundation Level of support is $5,959. | ||||||
8 | (3) For the 2009-2010 school year and each school year | ||||||
9 | thereafter,
the Foundation Level of support is $6,119 or such | ||||||
10 | greater amount as
may be established by law by the General | ||||||
11 | Assembly.
| ||||||
12 | (C) Average Daily Attendance. | ||||||
13 | (1) For purposes of calculating general State aid pursuant | ||||||
14 | to subsection
(E), an Average Daily Attendance figure shall be | ||||||
15 | utilized. The Average Daily
Attendance figure for formula
| ||||||
16 | calculation purposes shall be the monthly average of the actual | ||||||
17 | number of
pupils in attendance of
each school district, as | ||||||
18 | further averaged for the best 3 months of pupil
attendance for | ||||||
19 | each
school district. In compiling the figures for the number | ||||||
20 | of pupils in
attendance, school districts
and the State Board | ||||||
21 | of Education shall, for purposes of general State aid
funding, | ||||||
22 | conform
attendance figures to the requirements of subsection | ||||||
23 | (F). | ||||||
24 | (2) The Average Daily Attendance figures utilized in | ||||||
25 | subsection (E) shall be
the requisite attendance data for the |
| |||||||
| |||||||
1 | school year immediately preceding
the
school year for which | ||||||
2 | general State aid is being calculated
or the average of the | ||||||
3 | attendance data for the 3 preceding school
years, whichever is | ||||||
4 | greater. The Average Daily Attendance figures
utilized in | ||||||
5 | subsection (H) shall be the requisite attendance data for the
| ||||||
6 | school year immediately preceding the school year for which | ||||||
7 | general
State aid is being calculated.
| ||||||
8 | (D) Available Local Resources. | ||||||
9 | (1) For purposes of calculating general State aid pursuant | ||||||
10 | to subsection
(E), a representation of Available Local | ||||||
11 | Resources per pupil, as that term is
defined and determined in | ||||||
12 | this subsection, shall be utilized. Available Local
Resources | ||||||
13 | per pupil shall include a calculated
dollar amount representing | ||||||
14 | local school district revenues from local property
taxes and | ||||||
15 | from
Corporate Personal Property Replacement Taxes, expressed | ||||||
16 | on the basis of pupils
in Average
Daily Attendance. Calculation | ||||||
17 | of Available Local Resources shall exclude any tax amnesty | ||||||
18 | funds received as a result of Public Act 93-26. | ||||||
19 | (2) In determining a school district's revenue from local | ||||||
20 | property taxes,
the State Board of Education shall utilize the | ||||||
21 | equalized assessed valuation of
all taxable property of each | ||||||
22 | school
district as of September 30 of the previous year. The | ||||||
23 | equalized assessed
valuation utilized shall
be obtained and | ||||||
24 | determined as provided in subsection (G). | ||||||
25 | (3) For school districts maintaining grades kindergarten |
| |||||||
| |||||||
1 | through 12, local
property tax
revenues per pupil shall be | ||||||
2 | calculated as the product of the applicable
equalized assessed
| ||||||
3 | valuation for the district multiplied by 3.00%, and divided by | ||||||
4 | the district's
Average Daily
Attendance figure. For school | ||||||
5 | districts maintaining grades kindergarten
through 8, local
| ||||||
6 | property tax revenues per pupil shall be calculated as the | ||||||
7 | product of the
applicable equalized
assessed valuation for the | ||||||
8 | district multiplied by 2.30%, and divided by the
district's | ||||||
9 | Average
Daily Attendance figure. For school districts | ||||||
10 | maintaining grades 9 through 12,
local property
tax revenues | ||||||
11 | per pupil shall be the applicable equalized assessed valuation | ||||||
12 | of
the district
multiplied by 1.05%, and divided by the | ||||||
13 | district's Average Daily
Attendance
figure. | ||||||
14 | For partial elementary unit districts created pursuant to | ||||||
15 | Article 11E of this Code, local property tax revenues per pupil | ||||||
16 | shall be calculated as the product of the equalized assessed | ||||||
17 | valuation for property within the partial elementary unit | ||||||
18 | district for elementary purposes, as defined in Article 11E of | ||||||
19 | this Code, multiplied by 2.06% and divided by the district's | ||||||
20 | Average Daily Attendance figure, plus the product of the | ||||||
21 | equalized assessed valuation for property within the partial | ||||||
22 | elementary unit district for high school purposes, as defined | ||||||
23 | in Article 11E of this Code, multiplied by 0.94% and divided by | ||||||
24 | the district's Average Daily Attendance figure.
| ||||||
25 | (4) The Corporate Personal Property Replacement Taxes paid | ||||||
26 | to each school
district during the calendar year one year |
| |||||||
| |||||||
1 | before the calendar year in which a
school year begins, divided | ||||||
2 | by the Average Daily Attendance figure for that
district, shall | ||||||
3 | be added to the local property tax revenues per pupil as
| ||||||
4 | derived by the application of the immediately preceding | ||||||
5 | paragraph (3). The sum
of these per pupil figures for each | ||||||
6 | school district shall constitute Available
Local Resources as | ||||||
7 | that term is utilized in subsection (E) in the calculation
of | ||||||
8 | general State aid.
| ||||||
9 | (E) Computation of General State Aid. | ||||||
10 | (1) For each school year, the amount of general State aid | ||||||
11 | allotted to a
school district shall be computed by the State | ||||||
12 | Board of Education as provided
in this subsection. | ||||||
13 | (2) For any school district for which Available Local | ||||||
14 | Resources per pupil
is less than the product of 0.93 times the | ||||||
15 | Foundation Level, general State aid
for that district shall be | ||||||
16 | calculated as an amount equal to the Foundation
Level minus | ||||||
17 | Available Local Resources, multiplied by the Average Daily
| ||||||
18 | Attendance of the school district. | ||||||
19 | (3) For any school district for which Available Local | ||||||
20 | Resources per pupil
is equal to or greater than the product of | ||||||
21 | 0.93 times the Foundation Level and
less than the product of | ||||||
22 | 1.75 times the Foundation Level, the general State aid
per | ||||||
23 | pupil shall be a decimal proportion of the Foundation Level | ||||||
24 | derived using a
linear algorithm. Under this linear algorithm, | ||||||
25 | the calculated general State
aid per pupil shall decline in |
| |||||||
| |||||||
1 | direct linear fashion from 0.07 times the
Foundation Level for | ||||||
2 | a school district with Available Local Resources equal to
the | ||||||
3 | product of 0.93 times the Foundation Level, to 0.05 times the | ||||||
4 | Foundation
Level for a school district with Available Local | ||||||
5 | Resources equal to the product
of 1.75 times the Foundation | ||||||
6 | Level. The allocation of general
State aid for school districts | ||||||
7 | subject to this paragraph 3 shall be the
calculated general | ||||||
8 | State aid
per pupil figure multiplied by the Average Daily | ||||||
9 | Attendance of the school
district. | ||||||
10 | (4) For any school district for which Available Local | ||||||
11 | Resources per pupil
equals or exceeds the product of 1.75 times | ||||||
12 | the Foundation Level, the general
State aid for the school | ||||||
13 | district shall be calculated as the product of $218
multiplied | ||||||
14 | by the Average Daily Attendance of the school
district. | ||||||
15 | (5) The amount of general State aid allocated to a school | ||||||
16 | district for
the 1999-2000 school year meeting the requirements | ||||||
17 | set forth in paragraph (4)
of subsection
(G) shall be increased | ||||||
18 | by an amount equal to the general State aid that
would have | ||||||
19 | been received by the district for the 1998-1999 school year by
| ||||||
20 | utilizing the Extension Limitation Equalized Assessed | ||||||
21 | Valuation as calculated
in paragraph (4) of subsection (G) less | ||||||
22 | the general State aid allotted for the
1998-1999
school year. | ||||||
23 | This amount shall be deemed a one time increase, and shall not
| ||||||
24 | affect any future general State aid allocations.
| ||||||
25 | (F) Compilation of Average Daily Attendance. |
| |||||||
| |||||||
1 | (1) Each school district shall, by July 1 of each year, | ||||||
2 | submit to the State
Board of Education, on forms prescribed by | ||||||
3 | the State Board of Education,
attendance figures for the school | ||||||
4 | year that began in the preceding calendar
year. The attendance | ||||||
5 | information so transmitted shall identify the average
daily | ||||||
6 | attendance figures for each month of the school year. Beginning | ||||||
7 | with
the general State aid claim form for the 2002-2003 school
| ||||||
8 | year, districts shall calculate Average Daily Attendance as | ||||||
9 | provided 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 |
| |||||||
| |||||||
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
| ||||||
6 | attendance by pupils shall be counted only for sessions of not | ||||||
7 | less than
5 clock hours of school work per day under direct | ||||||
8 | supervision of: (i)
teachers, or (ii) non-teaching personnel or | ||||||
9 | volunteer personnel when engaging
in non-teaching duties and | ||||||
10 | supervising in those instances specified in
subsection (a) of | ||||||
11 | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | ||||||
12 | of legal school age and in kindergarten and grades 1 through | ||||||
13 | 12. Days of attendance by pupils through verified participation | ||||||
14 | in an e-learning program approved by the State Board of | ||||||
15 | Education under Section 10-20.56 of the Code shall be | ||||||
16 | considered as full days of attendance for purposes of this | ||||||
17 | Section. | ||||||
18 | Days of attendance by tuition pupils shall be accredited | ||||||
19 | only to the
districts that pay the tuition to a recognized | ||||||
20 | school. | ||||||
21 | (2) Days of attendance by pupils of less than 5 clock hours | ||||||
22 | of school
shall be subject to the following provisions in the | ||||||
23 | compilation 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
20 | Resources required
pursuant to subsection (D), the
State Board | ||||||
21 | of Education shall secure from the Department of
Revenue the | ||||||
22 | value as equalized or assessed by the Department of Revenue of
| ||||||
23 | all taxable property of every school district, together with | ||||||
24 | (i) the applicable
tax rate used in extending taxes for the | ||||||
25 | funds of the district as of
September 30 of the previous year
|
| |||||||
| |||||||
1 | and (ii) the limiting rate for all school
districts subject to | ||||||
2 | property tax extension limitations as imposed under the
| ||||||
3 | Property Tax Extension Limitation Law.
| ||||||
4 | The Department of Revenue shall add to the equalized | ||||||
5 | assessed value of all
taxable
property of each school district | ||||||
6 | situated entirely or partially within a county
that is or was | ||||||
7 | subject to the
provisions of Section 15-176 or 15-177 of the | ||||||
8 | Property Tax Code (a)
an amount equal to the total amount by | ||||||
9 | which the
homestead exemption allowed under Section 15-176 or | ||||||
10 | 15-177 of the Property Tax Code for
real
property situated in | ||||||
11 | that school district exceeds the total amount that would
have | ||||||
12 | been
allowed in that school district if the maximum reduction | ||||||
13 | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in | ||||||
14 | all other counties in tax year 2003 or (ii) $5,000 in all | ||||||
15 | counties in tax year 2004 and thereafter and (b) an amount | ||||||
16 | equal to the aggregate amount for the taxable year of all | ||||||
17 | additional exemptions under Section 15-175 of the Property Tax | ||||||
18 | Code for owners with a household income of $30,000 or less. The | ||||||
19 | county clerk of any county that is or was subject to the | ||||||
20 | provisions of Section 15-176 or 15-177 of the Property Tax Code | ||||||
21 | shall
annually calculate and certify to the Department of | ||||||
22 | Revenue for each school
district all
homestead exemption | ||||||
23 | amounts under Section 15-176 or 15-177 of the Property Tax Code | ||||||
24 | and all amounts of additional exemptions under Section 15-175 | ||||||
25 | of 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 |
| |||||||
| |||||||
1 | general homestead exemption for a parcel of property is | ||||||
2 | determined under Section 15-176 or 15-177 of the Property Tax | ||||||
3 | Code rather than Section 15-175, then the calculation of | ||||||
4 | Available Local Resources shall not be affected by the | ||||||
5 | difference, if any, between the amount of the general homestead | ||||||
6 | exemption allowed for that parcel of property under Section | ||||||
7 | 15-176 or 15-177 of the Property Tax Code and the amount that | ||||||
8 | would have been allowed had the general homestead exemption for | ||||||
9 | that parcel of property been determined under Section 15-175 of | ||||||
10 | the Property Tax Code. It is further the intent of this | ||||||
11 | paragraph that if additional exemptions are allowed under | ||||||
12 | Section 15-175 of the Property Tax Code for owners with a | ||||||
13 | household income of less than $30,000, then the calculation of | ||||||
14 | Available Local Resources shall not be affected by the | ||||||
15 | difference, if any, because of those additional exemptions. | ||||||
16 | This equalized assessed valuation, as adjusted further by | ||||||
17 | the requirements of
this subsection, shall be utilized in the | ||||||
18 | calculation of Available Local
Resources. | ||||||
19 | (2) The equalized assessed valuation in paragraph (1) shall | ||||||
20 | be 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | thereafter, if a
school district meets all of the criteria of | ||||||
8 | this subsection (G)(3), the school
district's Available Local | ||||||
9 | Resources shall be calculated under subsection (D)
using the | ||||||
10 | district's Extension Limitation Equalized Assessed Valuation | ||||||
11 | as
calculated under this
subsection (G)(3). | ||||||
12 | For purposes of this subsection (G)(3) the following terms | ||||||
13 | shall 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 |
| |||||||
| |||||||
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 | ||||||
10 | limitations as
imposed under
the Property Tax Extension | ||||||
11 | Limitation Law, the State Board of Education shall
calculate | ||||||
12 | the Extension
Limitation
Equalized Assessed Valuation of that | ||||||
13 | district. For the 1999-2000 school
year, the
Extension | ||||||
14 | Limitation Equalized Assessed Valuation of a school district as
| ||||||
15 | calculated by the State Board of Education shall be equal to | ||||||
16 | the product of the
district's 1996 Equalized Assessed Valuation | ||||||
17 | and the district's Extension
Limitation Ratio. Except as | ||||||
18 | otherwise provided in this paragraph for a school district that | ||||||
19 | has approved or does approve an increase in its limiting rate, | ||||||
20 | for the 2000-2001 school year and each school year
thereafter,
| ||||||
21 | the Extension Limitation Equalized Assessed Valuation of a | ||||||
22 | school district as
calculated by the State Board of Education | ||||||
23 | shall be equal to the product of
the Equalized Assessed | ||||||
24 | Valuation last used in the calculation of general State
aid and | ||||||
25 | the
district's Extension Limitation Ratio. If the Extension | ||||||
26 | Limitation
Equalized
Assessed Valuation of a school district as |
| |||||||
| |||||||
1 | calculated under
this subsection (G)(3) is less than the | ||||||
2 | district's equalized assessed valuation
as calculated pursuant | ||||||
3 | to subsections (G)(1) and (G)(2), then for purposes of
| ||||||
4 | calculating the district's general State aid for the Budget | ||||||
5 | Year pursuant to
subsection (E), that Extension
Limitation | ||||||
6 | Equalized Assessed Valuation shall be utilized to calculate the
| ||||||
7 | district's Available Local Resources
under subsection (D). For | ||||||
8 | the 2009-2010 school year and each school year thereafter, if a | ||||||
9 | school district has approved or does approve an increase in its | ||||||
10 | limiting rate, pursuant to Section 18-190 of the Property Tax | ||||||
11 | Code, affecting the Base Tax Year, the Extension Limitation | ||||||
12 | Equalized Assessed Valuation of the school district, as | ||||||
13 | calculated by the State Board of Education, shall be equal to | ||||||
14 | the product of the Equalized Assessed Valuation last used in | ||||||
15 | the calculation of general State aid times an amount equal to | ||||||
16 | one plus the percentage increase, if any, in the Consumer Price | ||||||
17 | Index for all Urban Consumers for all items published by the | ||||||
18 | United States Department of Labor for the 12-month calendar | ||||||
19 | year preceding the Base Tax Year, plus the Equalized Assessed | ||||||
20 | Valuation of new property, annexed property, and recovered tax | ||||||
21 | increment value and minus the Equalized Assessed Valuation of | ||||||
22 | disconnected property. New property and recovered tax | ||||||
23 | increment value shall have the meanings set forth in the | ||||||
24 | Property Tax Extension Limitation Law. | ||||||
25 | Partial elementary unit districts created in accordance | ||||||
26 | with Article 11E of this Code shall not be eligible for the |
| |||||||
| |||||||
1 | adjustment in this subsection (G)(3) until the fifth year | ||||||
2 | following the effective date of the reorganization.
| ||||||
3 | (3.5) For the 2010-2011 school year and each school year | ||||||
4 | thereafter, if a school district's boundaries span multiple | ||||||
5 | counties, then the Department of Revenue shall send to the | ||||||
6 | State Board of Education, for the purpose of calculating | ||||||
7 | general State aid, the limiting rate and individual rates by | ||||||
8 | purpose for the county that contains the majority of the school | ||||||
9 | district's Equalized Assessed Valuation. | ||||||
10 | (4) For the purposes of calculating general State aid for | ||||||
11 | the 1999-2000
school year only, if a school district | ||||||
12 | experienced a triennial reassessment on
the equalized assessed | ||||||
13 | valuation used in calculating its general State
financial aid | ||||||
14 | apportionment for the 1998-1999 school year, the State Board of
| ||||||
15 | Education shall calculate the Extension Limitation Equalized | ||||||
16 | Assessed Valuation
that would have been used to calculate the | ||||||
17 | district's 1998-1999 general State
aid. This amount shall equal | ||||||
18 | the product of the equalized assessed valuation
used to
| ||||||
19 | calculate general State aid for the 1997-1998 school year and | ||||||
20 | the district's
Extension Limitation Ratio. If the Extension | ||||||
21 | Limitation Equalized Assessed
Valuation of the school district | ||||||
22 | as calculated under this paragraph (4) is
less than the | ||||||
23 | district's equalized assessed valuation utilized in | ||||||
24 | calculating
the
district's 1998-1999 general State aid | ||||||
25 | allocation, then for purposes of
calculating the district's | ||||||
26 | general State aid pursuant to paragraph (5) of
subsection (E),
|
| |||||||
| |||||||
1 | that Extension Limitation Equalized Assessed Valuation shall | ||||||
2 | be utilized to
calculate the district's Available Local | ||||||
3 | Resources. | ||||||
4 | (5) For school districts having a majority of their | ||||||
5 | equalized assessed
valuation in any county except Cook, DuPage, | ||||||
6 | Kane, Lake, McHenry, or Will, if
the amount of general State | ||||||
7 | aid allocated to the school district for the
1999-2000 school | ||||||
8 | year under the provisions of subsection (E), (H), and (J) of
| ||||||
9 | this Section is less than the amount of general State aid | ||||||
10 | allocated to the
district for the 1998-1999 school year under | ||||||
11 | these subsections, then the
general
State aid of the district | ||||||
12 | for the 1999-2000 school year only shall be increased
by the | ||||||
13 | difference between these amounts. The total payments made under | ||||||
14 | this
paragraph (5) shall not exceed $14,000,000. Claims shall | ||||||
15 | be 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 | ||||||
18 | is allotted
pursuant to subsection (E), qualifying school | ||||||
19 | districts shall receive a grant,
paid in conjunction with a | ||||||
20 | district's payments of general State aid, for
supplemental | ||||||
21 | general State aid based upon the concentration level of | ||||||
22 | children
from low-income households within the school | ||||||
23 | district.
Supplemental State aid grants provided for school | ||||||
24 | districts under this
subsection shall be appropriated for | ||||||
25 | distribution to school districts as part
of the same line item |
| |||||||
| |||||||
1 | in which the general State financial aid of school
districts is | ||||||
2 | appropriated under this Section.
| ||||||
3 | (1.5) This paragraph (1.5) applies only to those school | ||||||
4 | years
preceding the 2003-2004 school year.
For purposes of this
| ||||||
5 | subsection (H), the term "Low-Income Concentration Level" | ||||||
6 | shall be the
low-income
eligible pupil count from the most | ||||||
7 | recently available federal census divided by
the Average Daily | ||||||
8 | Attendance of the school district.
If, however, (i) the | ||||||
9 | percentage decrease from the 2 most recent federal
censuses
in | ||||||
10 | the low-income eligible pupil count of a high school district | ||||||
11 | with fewer
than 400 students exceeds by 75% or more the | ||||||
12 | percentage change in the total
low-income eligible pupil count | ||||||
13 | of contiguous elementary school districts,
whose boundaries | ||||||
14 | are coterminous with the high school district,
or (ii) a high | ||||||
15 | school district within 2 counties and serving 5 elementary
| ||||||
16 | school
districts, whose boundaries are coterminous with the | ||||||
17 | high school
district, has a percentage decrease from the 2 most | ||||||
18 | recent federal
censuses in the low-income eligible pupil count | ||||||
19 | and there is a percentage
increase in the total low-income | ||||||
20 | eligible pupil count of a majority of the
elementary school | ||||||
21 | districts in excess of 50% from the 2 most recent
federal | ||||||
22 | censuses, then
the
high school district's low-income eligible | ||||||
23 | pupil count from the earlier federal
census
shall be the number | ||||||
24 | used as the low-income eligible pupil count for the high
school | ||||||
25 | district, for purposes of this subsection (H).
The changes made | ||||||
26 | to this paragraph (1) by Public Act 92-28 shall apply to
|
| |||||||
| |||||||
1 | supplemental general State aid
grants for school years | ||||||
2 | preceding the 2003-2004 school year that are paid
in fiscal | ||||||
3 | year 1999 or thereafter
and to
any State aid payments made in | ||||||
4 | fiscal year 1994 through fiscal year
1998 pursuant to | ||||||
5 | subsection 1(n) of Section 18-8 of this Code (which was
| ||||||
6 | repealed on July 1, 1998), and any high school district that is | ||||||
7 | affected by
Public Act 92-28 is
entitled to a
recomputation of | ||||||
8 | its supplemental general State aid grant or State aid
paid in | ||||||
9 | any of those fiscal years. This recomputation shall not be
| ||||||
10 | affected by any other funding. | ||||||
11 | (1.10) This paragraph (1.10) applies to the 2003-2004 | ||||||
12 | school year
and each school year thereafter. For purposes of | ||||||
13 | this subsection (H), the
term "Low-Income Concentration Level" | ||||||
14 | shall, for each fiscal year, be the
low-income eligible
pupil | ||||||
15 | count
as of July 1 of the immediately preceding fiscal year
(as | ||||||
16 | determined by the Department of Human Services based
on the | ||||||
17 | number of pupils
who are eligible for at least one of the | ||||||
18 | following
low income programs: Medicaid, the Children's Health | ||||||
19 | Insurance Program, TANF, or Food Stamps,
excluding pupils who | ||||||
20 | are eligible for services provided by the Department
of | ||||||
21 | Children and Family Services,
averaged over
the 2 immediately | ||||||
22 | preceding fiscal years for fiscal year 2004 and over the 3
| ||||||
23 | immediately preceding fiscal years for each fiscal year | ||||||
24 | thereafter)
divided by the Average Daily Attendance of the | ||||||
25 | school district. | ||||||
26 | (2) Supplemental general State aid pursuant to this |
| |||||||
| |||||||
1 | subsection (H) shall
be
provided as follows for the 1998-1999, | ||||||
2 | 1999-2000, 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. |
| |||||||
| |||||||
1 | (2.5) Supplemental general State aid pursuant to this | ||||||
2 | subsection (H)
shall be provided as follows for the 2002-2003 | ||||||
3 | school 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 |
| |||||||
| |||||||
1 | eligible pupil count. | ||||||
2 | (2.10) Except as otherwise provided, supplemental general | ||||||
3 | State aid
pursuant to this subsection
(H) shall be provided as | ||||||
4 | follows for the 2003-2004 school year and each
school year | ||||||
5 | thereafter: | ||||||
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 | ||||||
16 | thereafter through the 2008-2009 school year only, the grant | ||||||
17 | shall be no less than the
grant
for
the 2002-2003 school year. | ||||||
18 | For the 2009-2010 school year only, the grant shall
be no
less | ||||||
19 | than the grant for the 2002-2003 school year multiplied by | ||||||
20 | 0.66. For the 2010-2011
school year only, the grant shall be no | ||||||
21 | less than the grant for the 2002-2003
school year
multiplied by | ||||||
22 | 0.33. Notwithstanding the provisions of this paragraph to the | ||||||
23 | contrary, if for any school year supplemental general State aid | ||||||
24 | grants are prorated as provided in paragraph (1) of this | ||||||
25 | subsection (H), then the grants under this paragraph shall be | ||||||
26 | prorated.
|
| |||||||
| |||||||
1 | For the 2003-2004 school year only, the grant shall be no | ||||||
2 | greater
than the grant received during the 2002-2003 school | ||||||
3 | year added to the
product of 0.25 multiplied by the difference | ||||||
4 | between the grant amount
calculated under subsection (a) or (b) | ||||||
5 | of this paragraph (2.10), whichever
is applicable, and the | ||||||
6 | grant received during the 2002-2003 school year.
For the | ||||||
7 | 2004-2005 school year only, the grant shall be no greater than
| ||||||
8 | the grant received during the 2002-2003 school year added to | ||||||
9 | the
product of 0.50 multiplied by the difference between the | ||||||
10 | grant amount
calculated under subsection (a) or (b) of this | ||||||
11 | paragraph (2.10), whichever
is applicable, and the grant | ||||||
12 | received during the 2002-2003 school year.
For the 2005-2006 | ||||||
13 | school year only, the grant shall be no greater than
the grant | ||||||
14 | received during the 2002-2003 school year added to the
product | ||||||
15 | of 0.75 multiplied by the difference between the grant amount
| ||||||
16 | calculated under subsection (a) or (b) of this paragraph | ||||||
17 | (2.10), whichever
is applicable, and the grant received during | ||||||
18 | the 2002-2003
school year. | ||||||
19 | (3) School districts with an Average Daily Attendance of | ||||||
20 | more than 1,000
and less than 50,000 that qualify for | ||||||
21 | supplemental general State aid pursuant
to this subsection | ||||||
22 | shall submit a plan to the State Board of Education prior to
| ||||||
23 | October 30 of each year for the use of the funds resulting from | ||||||
24 | this grant of
supplemental general State aid for the | ||||||
25 | improvement of
instruction in which priority is given to | ||||||
26 | meeting the education needs of
disadvantaged children. Such |
| |||||||
| |||||||
1 | plan shall be submitted in accordance with
rules and | ||||||
2 | regulations promulgated by the State Board of Education. | ||||||
3 | (4) School districts with an Average Daily Attendance of | ||||||
4 | 50,000 or more
that qualify for supplemental general State aid | ||||||
5 | pursuant to this subsection
shall be required to distribute | ||||||
6 | from 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
5 | of a public
university that operates a laboratory school under | ||||||
6 | this Section or to any
alternative school that is operated by a | ||||||
7 | regional superintendent of schools,
the State
Board of | ||||||
8 | Education shall require by rule such reporting requirements as | ||||||
9 | it
deems necessary. | ||||||
10 | As used in this Section, "laboratory school" means a public | ||||||
11 | school which is
created and operated by a public university and | ||||||
12 | approved by the State Board of
Education. The governing board | ||||||
13 | of a public university which receives funds
from the State | ||||||
14 | Board under this subsection (K) may not increase the number of
| ||||||
15 | students enrolled in its laboratory
school from a single | ||||||
16 | district, if that district is already sending 50 or more
| ||||||
17 | students, except under a mutual agreement between the school | ||||||
18 | board of a
student's district of residence and the university | ||||||
19 | which operates the
laboratory school. A laboratory school may | ||||||
20 | not have more than 1,000 students,
excluding students with | ||||||
21 | disabilities in a special education program. | ||||||
22 | As used in this Section, "alternative school" means a | ||||||
23 | public school which is
created and operated by a Regional | ||||||
24 | Superintendent of Schools and approved by
the State Board of |
| |||||||
| |||||||
1 | Education. Such alternative schools may offer courses of
| ||||||
2 | instruction for which credit is given in regular school | ||||||
3 | programs, courses to
prepare students for the high school | ||||||
4 | equivalency testing program or vocational
and occupational | ||||||
5 | training. A regional superintendent of schools may contract
| ||||||
6 | with a school district or a public community college district | ||||||
7 | to operate an
alternative school. An alternative school serving | ||||||
8 | more than one educational
service region may be established by | ||||||
9 | the regional superintendents of schools
of the affected | ||||||
10 | educational service regions. An alternative school
serving | ||||||
11 | more than one educational service region may be operated under | ||||||
12 | such
terms as the regional superintendents of schools of those | ||||||
13 | educational service
regions may agree. | ||||||
14 | Each laboratory and alternative school shall file, on forms | ||||||
15 | provided by the
State Superintendent of Education, an annual | ||||||
16 | State aid claim which states the
Average Daily Attendance of | ||||||
17 | the school's students by month. The best 3 months'
Average | ||||||
18 | Daily Attendance shall be computed for each school.
The general | ||||||
19 | State aid entitlement shall be computed by multiplying the
| ||||||
20 | applicable Average Daily Attendance by the Foundation Level as | ||||||
21 | determined under
this Section.
| ||||||
22 | (L) Payments, Additional Grants in Aid and Other Requirements. | ||||||
23 | (1) For a school district operating under the financial | ||||||
24 | supervision
of an Authority created under Article 34A, the | ||||||
25 | general State aid otherwise
payable to that district under this |
| |||||||
| |||||||
1 | Section, but not the supplemental general
State aid, shall be | ||||||
2 | reduced by an amount equal to the budget for
the operations of | ||||||
3 | the Authority as certified by the Authority to the State
Board | ||||||
4 | of Education, and an amount equal to such reduction shall be | ||||||
5 | paid
to the Authority created for such district for its | ||||||
6 | operating expenses in
the manner provided in Section 18-11. The | ||||||
7 | remainder
of general State school aid for any such district | ||||||
8 | shall be paid in accordance
with Article 34A when that Article | ||||||
9 | provides for a disposition other than that
provided by this | ||||||
10 | Article. | ||||||
11 | (2) (Blank). | ||||||
12 | (3) Summer school. Summer school payments shall be made as | ||||||
13 | provided in
Section 18-4.3.
| ||||||
14 | (M) Education Funding Advisory Board. | ||||||
15 | The Education Funding Advisory
Board, hereinafter in this | ||||||
16 | subsection (M) referred to as the "Board", is hereby
created. | ||||||
17 | The Board
shall consist of 5 members who are appointed by the | ||||||
18 | Governor, by and with the
advice and consent of the Senate. The | ||||||
19 | members appointed shall include
representatives of education, | ||||||
20 | business, and the general public. One of the
members so | ||||||
21 | appointed shall be
designated by the Governor at the time the | ||||||
22 | appointment is made as the
chairperson of the
Board.
The | ||||||
23 | initial members of the Board may
be appointed any time after | ||||||
24 | the effective date of this amendatory Act of
1997. The regular | ||||||
25 | term of each member of the
Board shall be for 4 years from the |
| |||||||
| |||||||
1 | third Monday of January of the
year in which the term of the | ||||||
2 | member's appointment is to commence, except that
of the 5 | ||||||
3 | initial members appointed to serve on the
Board, the member who | ||||||
4 | is appointed as the chairperson shall serve for
a term that | ||||||
5 | commences on the date of his or her appointment and expires on | ||||||
6 | the
third Monday of January, 2002, and the remaining 4 members, | ||||||
7 | by lots drawn at
the first meeting of the Board that is
held
| ||||||
8 | after all 5 members are appointed, shall determine 2 of their | ||||||
9 | number to serve
for terms that commence on the date of their
| ||||||
10 | respective appointments and expire on the third
Monday of | ||||||
11 | January, 2001,
and 2 of their number to serve for terms that | ||||||
12 | commence
on the date of their respective appointments and | ||||||
13 | expire on the third Monday
of January, 2000. All members | ||||||
14 | appointed to serve on the
Board shall serve until their | ||||||
15 | respective successors are
appointed and confirmed. Vacancies | ||||||
16 | shall be filled in the same manner as
original appointments. If | ||||||
17 | a vacancy in membership occurs at a time when the
Senate is not | ||||||
18 | in session, the Governor shall make a temporary appointment | ||||||
19 | until
the next meeting of the Senate, when he or she shall | ||||||
20 | appoint, by and with the
advice and consent of the Senate, a | ||||||
21 | person to fill that membership for the
unexpired term. If the | ||||||
22 | Senate is not in session when the initial appointments
are | ||||||
23 | made, those appointments shall
be made as in the case of | ||||||
24 | vacancies. | ||||||
25 | The Education Funding Advisory Board shall be deemed | ||||||
26 | established,
and the initial
members appointed by the Governor |
| |||||||
| |||||||
1 | to serve as members of the
Board shall take office,
on the date | ||||||
2 | that the
Governor makes his or her appointment of the fifth | ||||||
3 | initial member of the
Board, whether those initial members are | ||||||
4 | then serving
pursuant to appointment and confirmation or | ||||||
5 | pursuant to temporary appointments
that are made by the | ||||||
6 | Governor as in the case of vacancies. | ||||||
7 | The State Board of Education shall provide such staff | ||||||
8 | assistance to the
Education Funding Advisory Board as is | ||||||
9 | reasonably required for the proper
performance by the Board of | ||||||
10 | its responsibilities. | ||||||
11 | For school years after the 2000-2001 school year, the | ||||||
12 | Education
Funding Advisory Board, in consultation with the | ||||||
13 | State Board of Education,
shall make recommendations as | ||||||
14 | provided in this subsection (M) to the General
Assembly for the | ||||||
15 | foundation level under subdivision (B)(3) of this Section and
| ||||||
16 | for the
supplemental general State aid grant level under | ||||||
17 | subsection (H) of this Section
for districts with high | ||||||
18 | concentrations of children from poverty. The
recommended | ||||||
19 | foundation level shall be determined based on a methodology | ||||||
20 | which
incorporates the basic education expenditures of | ||||||
21 | low-spending schools
exhibiting high academic performance. The | ||||||
22 | Education Funding Advisory Board
shall make such | ||||||
23 | recommendations to the General Assembly on January 1 of odd
| ||||||
24 | numbered years, beginning January 1, 2001.
| ||||||
25 | (N) (Blank).
|
| |||||||
| |||||||
1 | (O) References. | ||||||
2 | (1) References in other laws to the various subdivisions of
| ||||||
3 | Section 18-8 as that Section existed before its repeal and | ||||||
4 | replacement by this
Section 18-8.05 shall be deemed to refer to | ||||||
5 | the corresponding provisions of
this Section 18-8.05, to the | ||||||
6 | extent that those references remain applicable. | ||||||
7 | (2) References in other laws to State Chapter 1 funds shall | ||||||
8 | be deemed to
refer to the supplemental general State aid | ||||||
9 | provided under subsection (H) of
this Section.
| ||||||
10 | (P) Public Act 93-838 and Public Act 93-808 make inconsistent | ||||||
11 | changes to this Section. Under Section 6 of the Statute on | ||||||
12 | Statutes there is an irreconcilable conflict between Public Act | ||||||
13 | 93-808 and Public Act 93-838. Public Act 93-838, being the last | ||||||
14 | acted upon, is controlling. The text of Public Act 93-838 is | ||||||
15 | the 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 | ||||||
18 | Board of Education shall, for each school district, calculate | ||||||
19 | that district's pro-rata share of a minimum sum of $13,600,000 | ||||||
20 | or additional amounts as needed from the total net General | ||||||
21 | State Aid funding as calculated under this Section that shall | ||||||
22 | be deemed attributable to the provision of special educational | ||||||
23 | facilities and services, as defined in Section 14-1.08 of this |
| |||||||
| |||||||
1 | Code, in a manner that ensures compliance with maintenance of | ||||||
2 | State financial support requirements under the federal | ||||||
3 | Individuals with Disabilities Education Act. Each school | ||||||
4 | district must use such funds only for the provision of special | ||||||
5 | educational facilities and services, as defined in Section | ||||||
6 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
7 | verification procedures adopted by the State Board of | ||||||
8 | Education.
| ||||||
9 | (R) State Fiscal Year 2016 Payments. | ||||||
10 | For payments made for State fiscal year 2016, the State | ||||||
11 | Board of Education shall, for each school district, calculate | ||||||
12 | that district's pro rata share of a minimum sum of $1 or | ||||||
13 | additional amounts as needed from the total net General State | ||||||
14 | Aid funding as calculated under this Section that shall be | ||||||
15 | deemed attributable to the provision of special educational | ||||||
16 | facilities and services, as defined in Section 14-1.08 of this | ||||||
17 | Code, in a manner that ensures compliance with maintenance of | ||||||
18 | State financial support requirements under the federal | ||||||
19 | Individuals with Disabilities Education Act. Each school | ||||||
20 | district must use such funds only for the provision of special | ||||||
21 | educational facilities and services, as defined in Section | ||||||
22 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
23 | verification procedures adopted by the State Board of | ||||||
24 | Education.
|
| |||||||
| |||||||
1 | (S) State Fiscal Year 2017 Payments. | ||||||
2 | For payments made for State fiscal year 2017, the State | ||||||
3 | Board of Education shall, for each school district, calculate | ||||||
4 | that district's pro rata share of a minimum sum of $1 or | ||||||
5 | additional amounts as needed from the total net General State | ||||||
6 | Aid funding as calculated under this Section that shall be | ||||||
7 | deemed attributable to the provision of special educational | ||||||
8 | facilities and services, as defined in Section 14-1.08 of this | ||||||
9 | Code, in a manner that ensures compliance with maintenance of | ||||||
10 | State financial support requirements under the federal | ||||||
11 | Individuals with Disabilities Education Act. Each school | ||||||
12 | district must use such funds only for the provision of special | ||||||
13 | educational facilities and services, as defined in Section | ||||||
14 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
15 | verification procedures adopted by the State Board of | ||||||
16 | Education.
| ||||||
17 | (T) State Fiscal Year 2018 Payments. | ||||||
18 | For payments made for State fiscal year 2018, the State | ||||||
19 | Board of Education shall, for each school district, calculate | ||||||
20 | that district's pro rata share of a minimum sum of $1 or | ||||||
21 | additional amounts as needed from the total net evidence-based | ||||||
22 | funding as calculated under this Section that shall be deemed | ||||||
23 | attributable to the provision of special educational | ||||||
24 | facilities and services, as defined in Section 14-1.08 of this | ||||||
25 | Code, in a manner that ensures compliance with maintenance of |
| |||||||
| |||||||
1 | State financial support requirements under the federal | ||||||
2 | Individuals with Disabilities Education Act. Each school | ||||||
3 | district must use such funds only for the provision of special | ||||||
4 | educational facilities and services, as defined in Section | ||||||
5 | 14-1.08 of this Code, and must comply with any expenditure | ||||||
6 | verification procedures adopted by the State Board of | ||||||
7 | Education. | ||||||
8 | (Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194, | ||||||
9 | eff. 7-30-15; 99-523, eff. 6-30-16.)
| ||||||
10 | Section 5-50. The Public Community College Act is amended | ||||||
11 | by 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 | ||||||
14 | July 1,
1972 but before July 1, 2016, commenced construction of | ||||||
15 | any facilities approved by the State Board
and the Illinois | ||||||
16 | Board of Higher Education may, after completion thereof,
apply | ||||||
17 | to the State for a grant for expenditures made by the community | ||||||
18 | college
from its own funds for building purposes for such | ||||||
19 | facilities in excess of
25% of the cost of such facilities as | ||||||
20 | approved by the State Board and the
Illinois Board of Higher | ||||||
21 | Education. Any public community college that, on or after July | ||||||
22 | 1, 2016, commenced construction of any facilities approved by | ||||||
23 | the State Board may, after completion thereof,
apply to the | ||||||
24 | State for a grant for expenditures made by the community |
| |||||||
| |||||||
1 | college
from its own funds for building purposes for such | ||||||
2 | facilities in excess of
25% of the cost of such facilities as | ||||||
3 | approved by the State Board. A grant shall be contingent upon
| ||||||
4 | said community college having otherwise complied with Sections | ||||||
5 | 5-3, 5-4,
5-5 and 5-10 of this Act.
| ||||||
6 | If any payments or contributions of any kind which are | ||||||
7 | based upon, or
are to be applied to, the cost of such | ||||||
8 | construction are received from the
Federal government, or an | ||||||
9 | agency thereof, subsequent to receipt of the grant
herein | ||||||
10 | provided, the amount of such subsequent payment or | ||||||
11 | contributions shall be
paid over to the Capital Development | ||||||
12 | Board by the community college for deposit in the
Capital | ||||||
13 | Development Board Contributory Trust Bond Interest and | ||||||
14 | Retirement Fund.
| ||||||
15 | (Source: P.A. 99-655, eff. 7-28-16.)
| ||||||
16 | Section 5-55. The Comprehensive Lead Education, Reduction, | ||||||
17 | and Window Replacement Program Act is amended by changing | ||||||
18 | Sections 5, 10, 15, 20, 25, and 30 as follows:
| ||||||
19 | (410 ILCS 43/5)
| ||||||
20 | Sec. 5. Findings; intent; establishment of program ; | ||||||
21 | authority . | ||||||
22 | (a) The General Assembly finds all of the following: | ||||||
23 | (1) Lead-based paint poisoning is a potentially | ||||||
24 | devastating, but preventable disease. It is one of the top |
| |||||||
| |||||||
1 | environmental threats to children's health in the United | ||||||
2 | States. | ||||||
3 | (2) The number of lead-poisoned children in Illinois is | ||||||
4 | among the highest in the nation, especially in older, more | ||||||
5 | affordable properties.
| ||||||
6 | (3) Lead poisoning causes irreversible damage to the | ||||||
7 | development of a child's nervous system. Even at low and | ||||||
8 | moderate levels, lead poisoning causes learning | ||||||
9 | disabilities, problems with speech, shortened attention | ||||||
10 | span, hyperactivity, and behavioral problems. Recent | ||||||
11 | research links low levels of lead exposure to lower IQ | ||||||
12 | scores and to juvenile delinquency. | ||||||
13 | (4) Older housing is the number one risk factor for | ||||||
14 | childhood lead poisoning. Properties built before 1950 are | ||||||
15 | statistically much more likely to contain lead-based paint | ||||||
16 | hazards than buildings constructed more recently.
| ||||||
17 | (5) The State of Illinois ranks 10th out of the 50 | ||||||
18 | states in the age of its housing stock. More than 50% of | ||||||
19 | the housing units in Chicago and in Rock Island, Peoria, | ||||||
20 | Macon, Madison, and Kankakee counties were built before | ||||||
21 | 1960. More than 43% of the housing units in St. Clair, | ||||||
22 | Winnebago, Sangamon, Kane, and Cook counties were built | ||||||
23 | before 1950.
| ||||||
24 | (6) There are nearly 1.4 million households with | ||||||
25 | lead-based paint hazards in Illinois. | ||||||
26 | (7) Most children are lead poisoned in their own homes |
| |||||||
| |||||||
1 | through exposure to lead dust from deteriorated lead paint | ||||||
2 | surfaces, like windows, and when lead paint deteriorates or | ||||||
3 | is disturbed through home renovation and repainting.
| ||||||
4 | (8) Fewer Less than 25% of children in Illinois age 6 | ||||||
5 | and under have been tested for lead poisoning. While | ||||||
6 | children are lead poisoned throughout Illinois, counties | ||||||
7 | above the statewide average include: Alexander, Cass, | ||||||
8 | Cook, Fulton, Greene, Kane, Kankakee, Knox, LaSalle, | ||||||
9 | Macon, Mercer, Peoria, Perry, Rock Island, Sangamon, St. | ||||||
10 | Clair, Stephenson, Vermilion, Will, and Winnebago. | ||||||
11 | (9) The control of lead hazards significantly reduces | ||||||
12 | lead-poisoning rates. Other communities, including New | ||||||
13 | York City and Milwaukee, have successfully reduced | ||||||
14 | lead-poisoning rates by removing lead-based paint hazards | ||||||
15 | on windows. | ||||||
16 | (10) Windows are considered a higher lead exposure risk | ||||||
17 | more often than other components in a housing unit. Windows | ||||||
18 | are a major contributor of lead dust in the home, due to | ||||||
19 | both weathering conditions and friction effects on paint.
| ||||||
20 | (11) There is an insufficient pool of licensed lead | ||||||
21 | abatement workers and contractors to address the problem in | ||||||
22 | some areas of the State. | ||||||
23 | (12) Through grants from the U.S. Department of Housing | ||||||
24 | and Urban Development, some communities in Illinois have | ||||||
25 | begun to reduce lead poisoning of children. While this is | ||||||
26 | an ongoing effort, it only addresses a small number of the |
| |||||||
| |||||||
1 | low-income children statewide in communities with high | ||||||
2 | levels of lead paint in the housing stock. | ||||||
3 | (b) It is the intent of the General Assembly to: | ||||||
4 | (1) address the problem of lead poisoning of children | ||||||
5 | by eliminating lead hazards in homes; | ||||||
6 | (2) provide training within communities to encourage | ||||||
7 | the use of lead paint safe work practices; | ||||||
8 | (3) create job opportunities for community members in | ||||||
9 | the lead abatement industry; | ||||||
10 | (4) support the efforts of small business and property | ||||||
11 | owners committed to maintaining lead-safe housing; and | ||||||
12 | (5) assist in the maintenance of affordable lead-safe | ||||||
13 | housing stock. | ||||||
14 | (c) The General Assembly hereby establishes the | ||||||
15 | Comprehensive Lead Education, Reduction, and Window | ||||||
16 | Replacement Program to assist residential property owners | ||||||
17 | through a Lead Direct Assistance Program to reduce lead hazards | ||||||
18 | in residential properties loan and grant programs to reduce | ||||||
19 | lead paint hazards through window replacement in pilot area | ||||||
20 | communities. Where there is a lack of workers trained to remove | ||||||
21 | lead-based paint hazards, job-training programs must be | ||||||
22 | initiated. The General Assembly also recognizes that training, | ||||||
23 | insurance, and licensing costs are prohibitively high and | ||||||
24 | hereby establishes incentives for contractors to do lead | ||||||
25 | abatement work .
| ||||||
26 | (d) The Department of Public Health is authorized to: |
| |||||||
| |||||||
1 | (1) make and adopt such rules as necessary to
implement | ||||||
2 | this Act; | ||||||
3 | (2) assess administrative fines and penalties, as
| ||||||
4 | established by rule, for persons violating rules adopted by | ||||||
5 | the Department; | ||||||
6 | (3) charge $0.25 per page for documents requested by
| ||||||
7 | the public relating to this Act, whether in paper or | ||||||
8 | electronic format; | ||||||
9 | (4) make referrals for prosecution to the Illinois
| ||||||
10 | Attorney General or the State's Attorney for the county in | ||||||
11 | which a violation occurs for any violation of this Act or | ||||||
12 | the rules adopted under this Act; and | ||||||
13 | (5) establish agreements, pursuant to the
| ||||||
14 | Intergovernmental Cooperation Act, with the Department of | ||||||
15 | Commerce and Economic Opportunity, the Illinois Housing | ||||||
16 | Development Authority, or any other public agency as | ||||||
17 | required, to implement this Act. | ||||||
18 | (Source: P.A. 95-492, eff. 1-1-08.)
| ||||||
19 | (410 ILCS 43/10)
| ||||||
20 | Sec. 10. Definitions. In this Act: | ||||||
21 | "Advisory Council" refers to the Lead Safe Housing Advisory | ||||||
22 | Council established under Public Act 93-0789. | ||||||
23 | "CLEAR-WIN Program" refers to the Comprehensive Lead | ||||||
24 | Education, Reduction, and Window Replacement Program created | ||||||
25 | pursuant to this Act to assist property owners of single family |
| |||||||
| |||||||
1 | homes and multi-unit residential properties in the State, | ||||||
2 | through direct assistance programs that reduce lead paint and | ||||||
3 | leaded plumbing hazards and, where necessary, through other | ||||||
4 | lead hazard control techniques pilot area communities, through | ||||||
5 | loan and grant programs that reduce lead paint hazards | ||||||
6 | primarily through window replacement and, where necessary, | ||||||
7 | through other lead-based paint hazard control techniques .
| ||||||
8 | "Department" means the Department of Public Health. | ||||||
9 | "Director" means the Director of Public Health. | ||||||
10 | "Lead Safe Housing Maintenance Standards" refers to the | ||||||
11 | standards developed by the Department in conjunction with the | ||||||
12 | Lead Safe Housing Advisory Council. | ||||||
13 | "Leaded Plumbing" means that portion of a building's | ||||||
14 | potable water plumbing that is suspected or known to contain | ||||||
15 | lead or lead-containing material as indicated by lead in | ||||||
16 | potable water samples. | ||||||
17 | "Low-income" means a household at or below 80% of the | ||||||
18 | median income level for a given county as determined annually | ||||||
19 | by the U.S. Department of Housing and Urban Development. | ||||||
20 | "Person" means any individual, corporation, partnership, | ||||||
21 | firm, organization, or association, acting individually or as a | ||||||
22 | group. | ||||||
23 | "Plumbing" has the meaning ascribed to it in the Illinois | ||||||
24 | Plumbing License Law. | ||||||
25 | "Property" means a single-family residence. | ||||||
26 | "Recipient" means a person receiving direct assistance |
| |||||||
| |||||||
1 | pursuant to this Act. | ||||||
2 | "Pilot area communities" means the counties or cities | ||||||
3 | selected by the Department, with the advice of the Advisory | ||||||
4 | Council, where properties whose owners are eligible for the | ||||||
5 | assistance provided by this Act are located.
| ||||||
6 | "Window" means the inside, outside, and sides of sashes and | ||||||
7 | mullions and the frames to the outside edge of the frame, | ||||||
8 | including sides, sash guides, and window wells and sills.
| ||||||
9 | (Source: P.A. 95-492, eff. 1-1-08.)
| ||||||
10 | (410 ILCS 43/15)
| ||||||
11 | Sec. 15. Lead Direct Assistance Program Grant and loan | ||||||
12 | program . | ||||||
13 | (a) Subject to appropriation, the Department, in | ||||||
14 | consultation with the Advisory Council, shall establish and | ||||||
15 | operate the Lead Direct Assistance Program throughout the State | ||||||
16 | CLEAR-WIN Program in two pilot area communities selected by the | ||||||
17 | Department with advice from the Advisory Council. Pilot area | ||||||
18 | communities shall be selected based upon the prevalence of | ||||||
19 | low-income families whose children are lead poisoned, the age | ||||||
20 | of the housing stock, and other sources of funding available to | ||||||
21 | the communities to address lead-based paint hazards . | ||||||
22 | (b) The Department shall be responsible for administering | ||||||
23 | the Lead Direct Assistance Program to remediate lead-based | ||||||
24 | paint and leaded plumbing hazards in residential buildings | ||||||
25 | CLEAR-WIN grant program. The grant shall be used to correct |
| |||||||
| |||||||
1 | lead-based paint hazards in residential buildings . Conditions | ||||||
2 | for receiving direct assistance a grant shall be developed by | ||||||
3 | the Department , in consultation with the Department of Commerce | ||||||
4 | and Economic Opportunity and the Illinois Housing Development | ||||||
5 | Authority based on criteria established by the Advisory | ||||||
6 | Council . Criteria, including but not limited to the following | ||||||
7 | program components, shall include (i) income of the resident | ||||||
8 | eligibility for receipt of the grants , with priority given to | ||||||
9 | low-income homeowners tenants or owners who rent to low-income | ||||||
10 | tenants ; (ii) properties where at least one child has been | ||||||
11 | found to have an elevated blood level pursuant to the Lead | ||||||
12 | Poisoning Prevention Act to be covered under CLEAR-WIN ; and | ||||||
13 | (iii) properties where the potable water has been tested and | ||||||
14 | found to contain lead exceeding levels established by rule the | ||||||
15 | number of units to be covered in a property . Recipients of | ||||||
16 | direct assistance under this program shall be provided a copy | ||||||
17 | of the Department's Prior to making a grant, the Department | ||||||
18 | must provide the grant recipient with a copy of the Lead Safe | ||||||
19 | Housing Maintenance Standards generated by the Advisory | ||||||
20 | Council . The homeowner property owner must certify that he or | ||||||
21 | she has received the Standards and intends to comply with them ; | ||||||
22 | has provided a copy of the Standards to all tenants in the | ||||||
23 | building; will continue to rent to the same tenant or other | ||||||
24 | low-income tenant for a period of not less than 5 years | ||||||
25 | following completion of the work; and will continue to maintain | ||||||
26 | the property as lead-safe. Failure to comply with the grant |
| |||||||
| |||||||
1 | conditions of the Lead Direct Assistance Program is a violation | ||||||
2 | of this Act may result in repayment of grant funds . | ||||||
3 | (c) (Blank). The Advisory Council shall also consider | ||||||
4 | development of a loan program to assist property owners not | ||||||
5 | eligible for grants. | ||||||
6 | (d) All lead-based paint hazard control work performed | ||||||
7 | pursuant to the Lead Direct Assistance Program shall comply | ||||||
8 | with these grant or loan funds shall be conducted in | ||||||
9 | conformance with the Lead Poisoning Prevention Act and the | ||||||
10 | Illinois Lead Poisoning Prevention Code. All plumbing work | ||||||
11 | performed pursuant to the Lead Direct Assistance Program shall | ||||||
12 | comply with the Illinois Plumbing Licensing Act and the | ||||||
13 | Illinois Plumbing Code. Before persons contractors are paid for | ||||||
14 | repair work conducted pursuant to this Act under the CLEAR-WIN | ||||||
15 | Program , each subject property dwelling unit assisted must be | ||||||
16 | inspected by a lead risk assessor or lead inspector licensed in | ||||||
17 | Illinois, and an appropriate number of dust samples must be | ||||||
18 | collected from in and around the work areas for lead analysis, | ||||||
19 | with results in compliance with levels set by the Lead | ||||||
20 | Poisoning Prevention Act and the Illinois Lead Poisoning | ||||||
21 | Prevention Code or in the case of leaded plumbing work, be | ||||||
22 | inspected by an Illinois-certified plumbing inspector . All | ||||||
23 | costs associated with such inspections, including laboratory | ||||||
24 | fees, of evaluation shall be compensable to the person | ||||||
25 | contracted to provide direct assistance, as prescribed by rule | ||||||
26 | the responsibility of the property owner who received the grant |
| |||||||
| |||||||
1 | or loan, but will be provided for by the Department for grant | ||||||
2 | recipients and may be included in the amount of the loan . | ||||||
3 | Additional repairs and clean-up costs associated with a failed | ||||||
4 | clearance test, including follow-up tests, shall be the | ||||||
5 | responsibility of the person performing the work pursuant to | ||||||
6 | the Lead Direct Assistance Program contractor . | ||||||
7 | (e) The Within 6 months after the effective date of this | ||||||
8 | Act, the Advisory Council shall recommend to the Department | ||||||
9 | shall issue Lead Safe Housing Maintenance Standards pursuant to | ||||||
10 | this Act for purposes of the CLEAR-WIN Program . Except for | ||||||
11 | properties where all lead-based paint , leaded plumbing, or | ||||||
12 | other identified lead hazards have has been removed, the | ||||||
13 | standards shall describe the responsibilities of property | ||||||
14 | owners and tenants in maintaining lead-safe housing, including | ||||||
15 | but not limited to, prescribing special cleaning, repair, | ||||||
16 | flushing, filtering, and maintenance necessary to minimize the | ||||||
17 | risk that subject reduce the chance that properties will cause | ||||||
18 | lead poisoning in child occupants. Recipients of direct | ||||||
19 | assistance CLEAR-WIN grants and loans shall be required to | ||||||
20 | continue to maintain their properties in compliance with these | ||||||
21 | Lead Safe Housing Maintenance Standards. Failure to maintain | ||||||
22 | properties in accordance with these Standards is a violation | ||||||
23 | and may subject the recipient to fines and penalties prescribed | ||||||
24 | by rule may result in repayment of grant funds or termination | ||||||
25 | of the loan .
| ||||||
26 | (f) From funds appropriated, the Department may pay its own |
| |||||||
| |||||||
1 | grants and reasonable administrative costs and by agreement, | ||||||
2 | the reasonable administrative costs of other public agencies . | ||||||
3 | (g) Failure by any person performing work pursuant to the | ||||||
4 | Lead Direct Assistance Program to comply with rules or any | ||||||
5 | contractual agreement made thereunder may subject the person to | ||||||
6 | administrative action by the Department or other public | ||||||
7 | agencies, pursuant to rules adopted hereunder, including, but | ||||||
8 | not limited to, civil penalties, retainage of payment, and loss | ||||||
9 | of eligibility to participate. Civil actions, including for | ||||||
10 | reimbursement, damages and money penalties, and criminal | ||||||
11 | actions may be brought by the Attorney General or the state's | ||||||
12 | attorney for the county in which the violation occurs. | ||||||
13 | (Source: P.A. 95-492, eff. 1-1-08; 96-959, eff. 7-1-10.)
| ||||||
14 | (410 ILCS 43/20)
| ||||||
15 | Sec. 20. Lead abatement training. The Advisory Council | ||||||
16 | shall advise the Department determine whether a sufficient | ||||||
17 | number of lead abatement training programs exist to serve the | ||||||
18 | State pilot sites . If the Department determines it is | ||||||
19 | determined additional training programs are needed, the | ||||||
20 | Department may utilize funds appropriated pursuant to this Act | ||||||
21 | to address deficiencies Advisory Council shall work with the | ||||||
22 | Department to establish the additional training programs for | ||||||
23 | purposes of the CLEAR-WIN Program .
| ||||||
24 | (Source: P.A. 95-492, eff. 1-1-08.)
|
| |||||||
| |||||||
1 | (410 ILCS 43/25)
| ||||||
2 | Sec. 25. Insurance assistance. The Department through | ||||||
3 | agreements with other public agencies may allow for | ||||||
4 | reimbursement of certain insurance costs associated with | ||||||
5 | persons performing work pursuant to this Act shall make | ||||||
6 | available, for the portion of a policy related to lead | ||||||
7 | activities,
100% insurance subsidies to licensed lead | ||||||
8 | abatement contractors who primarily target
their work to the | ||||||
9 | pilot area communities and employ a significant number of | ||||||
10 | licensed lead abatement workers from the pilot area | ||||||
11 | communities. Receipt of the subsidies shall be reviewed | ||||||
12 | annually by the Department. The Department shall adopt rules | ||||||
13 | for implementation of these insurance subsidies within 6 months | ||||||
14 | after the effective date of this Act .
| ||||||
15 | (Source: P.A. 95-492, eff. 1-1-08.)
| ||||||
16 | (410 ILCS 43/30)
| ||||||
17 | Sec. 30. Advisory Council. The Advisory Council shall | ||||||
18 | assist the Department in developing submit an annual written | ||||||
19 | report to the Governor and General Assembly on the operation | ||||||
20 | and effectiveness of the CLEAR-WIN Program. The report must | ||||||
21 | evaluate the program's effectiveness on reducing the | ||||||
22 | prevalence of lead poisoning in children in the pilot area | ||||||
23 | communities and in training and employing persons in the pilot | ||||||
24 | area communities . The report may also contain information about | ||||||
25 | training and employment associated with persons providing |
| |||||||
| |||||||
1 | direct assistance work. The report also must describe the | ||||||
2 | numbers of units in which lead hazards were remediated or | ||||||
3 | leaded plumbing replaced lead-based paint was abated ; specify | ||||||
4 | the type of work completed and the types of dwellings and | ||||||
5 | demographics of persons assisted; summarize the cost of lead | ||||||
6 | lead-based paint hazard control and CLEAR-WIN Program | ||||||
7 | administration; rent increases or decreases in the residential | ||||||
8 | property affected by direct assistance work pilot area | ||||||
9 | communities ; rental property ownership changes; and any other | ||||||
10 | CLEAR-WIN actions taken by the Department , other public | ||||||
11 | agencies, or the Advisory Council and recommend any necessary | ||||||
12 | legislation or rule-making to improve the effectiveness of the | ||||||
13 | CLEAR-WIN Program.
| ||||||
14 | (Source: P.A. 95-492, eff. 1-1-08.)
| ||||||
15 | ARTICLE 10. RETIREMENT CONTRIBUTIONS | ||||||
16 | Section 10-5. The State Finance Act is amended by changing | ||||||
17 | Sections 8.12 and 14.1 as follows:
| ||||||
18 | (30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
| ||||||
19 | Sec. 8.12. State Pensions Fund.
| ||||||
20 | (a) The moneys in the State Pensions Fund shall be used | ||||||
21 | exclusively
for the administration of the Uniform Disposition | ||||||
22 | of Unclaimed Property Act and
for the expenses incurred by the | ||||||
23 | Auditor General for administering the provisions of Section |
| |||||||
| |||||||
1 | 2-8.1 of the Illinois State Auditing Act and for the funding of | ||||||
2 | the unfunded liabilities of the designated retirement systems. | ||||||
3 | Beginning in State fiscal year 2019 2018 , payments to the | ||||||
4 | designated retirement systems under this Section shall be in | ||||||
5 | addition to, and not in lieu of, any State contributions | ||||||
6 | required under the Illinois Pension Code.
| ||||||
7 | "Designated retirement systems" means:
| ||||||
8 | (1) the State Employees' Retirement System of | ||||||
9 | Illinois;
| ||||||
10 | (2) the Teachers' Retirement System of the State of | ||||||
11 | Illinois;
| ||||||
12 | (3) the State Universities Retirement System;
| ||||||
13 | (4) the Judges Retirement System of Illinois; and
| ||||||
14 | (5) the General Assembly Retirement System.
| ||||||
15 | (b) Each year the General Assembly may make appropriations | ||||||
16 | from
the State Pensions Fund for the administration of the | ||||||
17 | Uniform Disposition of
Unclaimed Property Act.
| ||||||
18 | Each month, the Commissioner of the Office of Banks and | ||||||
19 | Real Estate shall
certify to the State Treasurer the actual | ||||||
20 | expenditures that the Office of
Banks and Real Estate incurred | ||||||
21 | conducting unclaimed property examinations under
the Uniform | ||||||
22 | Disposition of Unclaimed Property Act during the immediately
| ||||||
23 | preceding month. Within a reasonable
time following the | ||||||
24 | acceptance of such certification by the State Treasurer, the
| ||||||
25 | State Treasurer shall pay from its appropriation from the State | ||||||
26 | Pensions Fund
to the Bank and Trust Company Fund, the Savings |
| |||||||
| |||||||
1 | Bank Regulatory Fund, and the Residential Finance
Regulatory | ||||||
2 | Fund an amount equal to the expenditures incurred by each Fund | ||||||
3 | for
that month.
| ||||||
4 | Each month, the Director of Financial Institutions shall
| ||||||
5 | certify to the State Treasurer the actual expenditures that the | ||||||
6 | Department of
Financial Institutions incurred conducting | ||||||
7 | unclaimed property examinations
under the Uniform Disposition | ||||||
8 | of Unclaimed Property Act during the immediately
preceding | ||||||
9 | month. Within a reasonable time following the acceptance of | ||||||
10 | such
certification by the State Treasurer, the State Treasurer | ||||||
11 | shall pay from its
appropriation from the State Pensions Fund
| ||||||
12 | to the Financial Institution Fund and the Credit Union Fund
an | ||||||
13 | amount equal to the expenditures incurred by each Fund for
that | ||||||
14 | month.
| ||||||
15 | (c) As soon as possible after the effective date of this | ||||||
16 | amendatory Act of the 93rd General Assembly, the General | ||||||
17 | Assembly shall appropriate from the State Pensions Fund (1) to | ||||||
18 | the State Universities Retirement System the amount certified | ||||||
19 | under Section 15-165 during the prior year, (2) to the Judges | ||||||
20 | Retirement System of Illinois the amount certified under | ||||||
21 | Section 18-140 during the prior year, and (3) to the General | ||||||
22 | Assembly Retirement System the amount certified under Section | ||||||
23 | 2-134 during the prior year as part of the required
State | ||||||
24 | contributions to each of those designated retirement systems; | ||||||
25 | except that amounts appropriated under this subsection (c) in | ||||||
26 | State fiscal year 2005 shall not reduce the amount in the State |
| |||||||
| |||||||
1 | Pensions Fund below $5,000,000. If the amount in the State | ||||||
2 | Pensions Fund does not exceed the sum of the amounts certified | ||||||
3 | in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, | ||||||
4 | the amount paid to each designated retirement system under this | ||||||
5 | subsection shall be reduced in proportion to the amount | ||||||
6 | certified by each of those designated retirement systems.
| ||||||
7 | (c-5) For fiscal years 2006 through 2018 2017 , the General | ||||||
8 | Assembly shall appropriate from the State Pensions Fund to the | ||||||
9 | State Universities Retirement System the amount estimated to be | ||||||
10 | available during the fiscal year in the State Pensions Fund; | ||||||
11 | provided, however, that the amounts appropriated under this | ||||||
12 | subsection (c-5) shall not reduce the amount in the State | ||||||
13 | Pensions Fund below $5,000,000.
| ||||||
14 | (c-6) For fiscal year 2019 2018 and each fiscal year | ||||||
15 | thereafter, as soon as may be practical after any money is | ||||||
16 | deposited into the State Pensions Fund from the Unclaimed | ||||||
17 | Property Trust Fund, the State Treasurer shall apportion the | ||||||
18 | deposited amount among the designated retirement systems as | ||||||
19 | defined in subsection (a) to reduce their actuarial reserve | ||||||
20 | deficiencies. The State Comptroller and State Treasurer shall | ||||||
21 | pay the apportioned amounts to the designated retirement | ||||||
22 | systems to fund the unfunded liabilities of the designated | ||||||
23 | retirement systems. The amount apportioned to each designated | ||||||
24 | retirement system shall constitute a portion of the amount | ||||||
25 | estimated to be available for appropriation from the State | ||||||
26 | Pensions Fund that is the same as that retirement system's |
| |||||||
| |||||||
1 | portion of the total actual reserve deficiency of the systems, | ||||||
2 | as determined annually by the Governor's Office of Management | ||||||
3 | and Budget at the request of the State Treasurer. The amounts | ||||||
4 | apportioned under this subsection shall not reduce the amount | ||||||
5 | in the State Pensions Fund below $5,000,000. | ||||||
6 | (d) The
Governor's Office of Management and Budget shall | ||||||
7 | determine the individual and total
reserve deficiencies of the | ||||||
8 | designated retirement systems. For this purpose,
the
| ||||||
9 | Governor's Office of Management and Budget shall utilize the | ||||||
10 | latest available audit and actuarial
reports of each of the | ||||||
11 | retirement systems and the relevant reports and
statistics of | ||||||
12 | the Public Employee Pension Fund Division of the Department of
| ||||||
13 | Insurance.
| ||||||
14 | (d-1) As soon as practicable after the effective date of | ||||||
15 | this
amendatory Act of the 93rd General Assembly, the | ||||||
16 | Comptroller shall
direct and the Treasurer shall transfer from | ||||||
17 | the State Pensions Fund to
the General Revenue Fund, as funds | ||||||
18 | become available, a sum equal to the
amounts that would have | ||||||
19 | been paid
from the State Pensions Fund to the Teachers' | ||||||
20 | Retirement System of the State
of Illinois,
the State | ||||||
21 | Universities Retirement System, the Judges Retirement
System | ||||||
22 | of Illinois, the
General Assembly Retirement System, and the | ||||||
23 | State Employees'
Retirement System
of Illinois
after the | ||||||
24 | effective date of this
amendatory Act during the remainder of | ||||||
25 | fiscal year 2004 to the
designated retirement systems from the | ||||||
26 | appropriations provided for in
this Section if the transfers |
| |||||||
| |||||||
1 | provided in Section 6z-61 had not
occurred. The transfers | ||||||
2 | described in this subsection (d-1) are to
partially repay the | ||||||
3 | General Revenue Fund for the costs associated with
the bonds | ||||||
4 | used to fund the moneys transferred to the designated
| ||||||
5 | retirement systems under Section 6z-61.
| ||||||
6 | (e) The changes to this Section made by this amendatory Act | ||||||
7 | of 1994 shall
first apply to distributions from the Fund for | ||||||
8 | State fiscal year 1996.
| ||||||
9 | (Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13; | ||||||
10 | 98-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15; | ||||||
11 | 99-78, eff. 7-20-15; 99-523, eff. 6-30-16.)
| ||||||
12 | (30 ILCS 105/14.1)
(from Ch. 127, par. 150.1)
| ||||||
13 | Sec. 14.1. Appropriations for State contributions to the | ||||||
14 | State
Employees' Retirement System; payroll requirements. | ||||||
15 | (a) Appropriations for State contributions to the State
| ||||||
16 | Employees' Retirement System of Illinois shall be expended in | ||||||
17 | the manner
provided in this Section.
Except as otherwise | ||||||
18 | provided in subsections (a-1), (a-2), (a-3), and (a-4)
at the | ||||||
19 | time of each payment of salary to an
employee under the | ||||||
20 | personal services line item, payment shall be made to
the State | ||||||
21 | Employees' Retirement System, from the amount appropriated for
| ||||||
22 | State contributions to the State Employees' Retirement System, | ||||||
23 | of an amount
calculated at the rate certified for the | ||||||
24 | applicable fiscal year by the
Board of Trustees of the State | ||||||
25 | Employees' Retirement System under Section
14-135.08 of the |
| |||||||
| |||||||
1 | Illinois Pension Code. If a line item appropriation to an
| ||||||
2 | employer for this purpose is exhausted or is unavailable due to | ||||||
3 | any limitation on appropriations that may apply, (including, | ||||||
4 | but not limited to, limitations on appropriations from the Road | ||||||
5 | Fund under Section 8.3 of the State Finance Act), the amounts | ||||||
6 | shall be
paid under the continuing appropriation for this | ||||||
7 | purpose contained in the State
Pension Funds Continuing | ||||||
8 | Appropriation Act.
| ||||||
9 | (a-1) Beginning on the effective date of this amendatory | ||||||
10 | Act of the 93rd
General Assembly through the payment of the | ||||||
11 | final payroll from fiscal
year 2004 appropriations, | ||||||
12 | appropriations for State contributions to the
State Employees' | ||||||
13 | Retirement System of Illinois shall be expended in the
manner | ||||||
14 | provided in this subsection (a-1). At the time of each payment | ||||||
15 | of
salary to an employee under the personal services line item | ||||||
16 | from a fund
other than the General Revenue Fund, payment shall | ||||||
17 | be made for deposit
into the General Revenue Fund from the | ||||||
18 | amount appropriated for State
contributions to the State | ||||||
19 | Employees' Retirement System of an amount
calculated at the | ||||||
20 | rate certified for fiscal year 2004 by the Board of
Trustees of | ||||||
21 | the State Employees' Retirement System under Section
14-135.08 | ||||||
22 | of the Illinois Pension Code. This payment shall be made to
the | ||||||
23 | extent that a line item appropriation to an employer for this | ||||||
24 | purpose is
available or unexhausted. No payment from | ||||||
25 | appropriations for State
contributions shall be made in | ||||||
26 | conjunction with payment of salary to an
employee under the |
| |||||||
| |||||||
1 | personal services line item from the General Revenue
Fund.
| ||||||
2 | (a-2) For fiscal year 2010 only, at the time of each | ||||||
3 | payment of salary to an employee under the personal services | ||||||
4 | line item from a fund other than the General Revenue Fund, | ||||||
5 | payment shall be made for deposit into the State Employees' | ||||||
6 | Retirement System of Illinois from the amount appropriated for | ||||||
7 | State contributions to the State Employees' Retirement System | ||||||
8 | of Illinois of an amount calculated at the rate certified for | ||||||
9 | fiscal year 2010 by the Board of Trustees of the State | ||||||
10 | Employees' Retirement System of Illinois under Section | ||||||
11 | 14-135.08 of the Illinois Pension Code. This payment shall be | ||||||
12 | made to the extent that a line item appropriation to an | ||||||
13 | employer for this purpose is available or unexhausted. For | ||||||
14 | fiscal year 2010 only, no payment from appropriations for State | ||||||
15 | contributions shall be made in conjunction with payment of | ||||||
16 | salary to an employee under the personal services line item | ||||||
17 | from the General Revenue Fund. | ||||||
18 | (a-3) For fiscal year 2011 only, at the time of each | ||||||
19 | payment of salary to an employee under the personal services | ||||||
20 | line item from a fund other than the General Revenue Fund, | ||||||
21 | payment shall be made for deposit into the State Employees' | ||||||
22 | Retirement System of Illinois from the amount appropriated for | ||||||
23 | State contributions to the State Employees' Retirement System | ||||||
24 | of Illinois of an amount calculated at the rate certified for | ||||||
25 | fiscal year 2011 by the Board of Trustees of the State | ||||||
26 | Employees' Retirement System of Illinois under Section |
| |||||||
| |||||||
1 | 14-135.08 of the Illinois Pension Code. This payment shall be | ||||||
2 | made to the extent that a line item appropriation to an | ||||||
3 | employer for this purpose is available or unexhausted. For | ||||||
4 | fiscal year 2011 only, no payment from appropriations for State | ||||||
5 | contributions shall be made in conjunction with payment of | ||||||
6 | salary to an employee under the personal services line item | ||||||
7 | from the General Revenue Fund. | ||||||
8 | (a-4) In fiscal years 2012 through 2018 2017 only, at the | ||||||
9 | time of each payment of salary to an employee under the | ||||||
10 | personal services line item from a fund other than the General | ||||||
11 | Revenue Fund, payment shall be made for deposit into the State | ||||||
12 | Employees' Retirement System of Illinois from the amount | ||||||
13 | appropriated for State contributions to the State Employees' | ||||||
14 | Retirement System of Illinois of an amount calculated at the | ||||||
15 | rate certified for the applicable fiscal year by the Board of | ||||||
16 | Trustees of the State Employees' Retirement System of Illinois | ||||||
17 | under Section 14-135.08 of the Illinois Pension Code. In fiscal | ||||||
18 | years 2012 through 2018 2017 only, no payment from | ||||||
19 | appropriations for State contributions shall be made in | ||||||
20 | conjunction with payment of salary to an employee under the | ||||||
21 | personal services line item from the General Revenue Fund. | ||||||
22 | (b) Except during the period beginning on the effective | ||||||
23 | date of this
amendatory
Act of the 93rd General Assembly and | ||||||
24 | ending at the time of the payment of the
final payroll from | ||||||
25 | fiscal year 2004 appropriations, the State Comptroller
shall | ||||||
26 | not approve for payment any payroll
voucher that (1) includes |
| |||||||
| |||||||
1 | payments of salary to eligible employees in the
State | ||||||
2 | Employees' Retirement System of Illinois and (2) does not | ||||||
3 | include the
corresponding payment of State contributions to | ||||||
4 | that retirement system at the
full rate certified under Section | ||||||
5 | 14-135.08 for that fiscal year for eligible
employees, unless | ||||||
6 | the balance in the fund on which the payroll voucher is drawn
| ||||||
7 | is insufficient to pay the total payroll voucher, or | ||||||
8 | unavailable due to any limitation on appropriations that may | ||||||
9 | apply, including, but not limited to, limitations on | ||||||
10 | appropriations from the Road Fund under Section 8.3 of the | ||||||
11 | State Finance Act. If the State Comptroller
approves a payroll | ||||||
12 | voucher under this Section for which the fund balance is
| ||||||
13 | insufficient to pay the full amount of the required State | ||||||
14 | contribution to the
State Employees' Retirement System, the | ||||||
15 | Comptroller shall promptly so notify
the Retirement System.
| ||||||
16 | (b-1) For fiscal year 2010 and fiscal year 2011 only, the | ||||||
17 | State Comptroller shall not approve for payment any non-General | ||||||
18 | Revenue Fund payroll voucher that (1) includes payments of | ||||||
19 | salary to eligible employees in the State Employees' Retirement | ||||||
20 | System of Illinois and (2) does not include the corresponding | ||||||
21 | payment of State contributions to that retirement system at the | ||||||
22 | full rate certified under Section 14-135.08 for that fiscal | ||||||
23 | year for eligible employees, unless the balance in the fund on | ||||||
24 | which the payroll voucher is drawn is insufficient to pay the | ||||||
25 | total payroll voucher, or unavailable due to any limitation on | ||||||
26 | appropriations that may apply, including, but not limited to, |
| |||||||
| |||||||
1 | limitations on appropriations from the Road Fund under Section | ||||||
2 | 8.3 of the State Finance Act. If the State Comptroller approves | ||||||
3 | a payroll voucher under this Section for which the fund balance | ||||||
4 | is insufficient to pay the full amount of the required State | ||||||
5 | contribution to the State Employees' Retirement System of | ||||||
6 | Illinois, the Comptroller shall promptly so notify the | ||||||
7 | retirement system. | ||||||
8 | (c) Notwithstanding any other provisions of law, beginning | ||||||
9 | July 1, 2007, required State and employee contributions to the | ||||||
10 | State Employees' Retirement System of Illinois relating to | ||||||
11 | affected legislative staff employees shall be paid out of | ||||||
12 | moneys appropriated for that purpose to the Commission on | ||||||
13 | Government Forecasting and Accountability, rather than out of | ||||||
14 | the lump-sum appropriations otherwise made for the payroll and | ||||||
15 | other costs of those employees. | ||||||
16 | These payments must be made pursuant to payroll vouchers | ||||||
17 | submitted by the employing entity as part of the regular | ||||||
18 | payroll voucher process. | ||||||
19 | For the purpose of this subsection, "affected legislative | ||||||
20 | staff employees" means legislative staff employees paid out of | ||||||
21 | lump-sum appropriations made to the General Assembly, an | ||||||
22 | Officer of the General Assembly, or the Senate Operations | ||||||
23 | Commission, but does not include district-office staff or | ||||||
24 | employees of legislative support services agencies. | ||||||
25 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8, | ||||||
26 | eff. 7-9-15; 99-523, eff. 6-30-16.)
|
| |||||||
| |||||||
1 | Section 10-10. The Illinois Pension Code is amended by | ||||||
2 | changing Section 14-131 as follows:
| ||||||
3 | (40 ILCS 5/14-131)
| ||||||
4 | Sec. 14-131. Contributions by State.
| ||||||
5 | (a) The State shall make contributions to the System by | ||||||
6 | appropriations of
amounts which, together with other employer | ||||||
7 | contributions from trust, federal,
and other funds, employee | ||||||
8 | contributions, investment income, and other income,
will be | ||||||
9 | sufficient to meet the cost of maintaining and administering | ||||||
10 | the System
on a 90% funded basis in accordance with actuarial | ||||||
11 | recommendations.
| ||||||
12 | For the purposes of this Section and Section 14-135.08, | ||||||
13 | references to State
contributions refer only to employer | ||||||
14 | contributions and do not include employee
contributions that | ||||||
15 | are picked up or otherwise paid by the State or a
department on | ||||||
16 | behalf of the employee.
| ||||||
17 | (b) The Board shall determine the total amount of State | ||||||
18 | contributions
required for each fiscal year on the basis of the | ||||||
19 | actuarial tables and other
assumptions adopted by the Board, | ||||||
20 | using the formula in subsection (e).
| ||||||
21 | The Board shall also determine a State contribution rate | ||||||
22 | for each fiscal
year, expressed as a percentage of payroll, | ||||||
23 | based on the total required State
contribution for that fiscal | ||||||
24 | year (less the amount received by the System from
|
| |||||||
| |||||||
1 | appropriations under Section 8.12 of the State Finance Act and | ||||||
2 | Section 1 of the
State Pension Funds Continuing Appropriation | ||||||
3 | Act, if any, for the fiscal year
ending on the June 30 | ||||||
4 | immediately preceding the applicable November 15
certification | ||||||
5 | deadline), the estimated payroll (including all forms of
| ||||||
6 | compensation) for personal services rendered by eligible | ||||||
7 | employees, and the
recommendations of the actuary.
| ||||||
8 | For the purposes of this Section and Section 14.1 of the | ||||||
9 | State Finance Act,
the term "eligible employees" includes | ||||||
10 | employees who participate in the System,
persons who may elect | ||||||
11 | to participate in the System but have not so elected,
persons | ||||||
12 | who are serving a qualifying period that is required for | ||||||
13 | participation,
and annuitants employed by a department as | ||||||
14 | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
| ||||||
15 | (c) Contributions shall be made by the several departments | ||||||
16 | for each pay
period by warrants drawn by the State Comptroller | ||||||
17 | against their respective
funds or appropriations based upon | ||||||
18 | vouchers stating the amount to be so
contributed. These amounts | ||||||
19 | shall be based on the full rate certified by the
Board under | ||||||
20 | Section 14-135.08 for that fiscal year.
From the effective date | ||||||
21 | of this amendatory Act of the 93rd General
Assembly through the | ||||||
22 | payment of the final payroll from fiscal year 2004
| ||||||
23 | appropriations, the several departments shall not make | ||||||
24 | contributions
for the remainder of fiscal year 2004 but shall | ||||||
25 | instead make payments
as required under subsection (a-1) of | ||||||
26 | Section 14.1 of the State Finance Act.
The several departments |
| |||||||
| |||||||
1 | shall resume those contributions at the commencement of
fiscal | ||||||
2 | year 2005.
| ||||||
3 | (c-1) Notwithstanding subsection (c) of this Section, for | ||||||
4 | fiscal years 2010, 2012, 2013, 2014, 2015, 2016, and 2017 , and | ||||||
5 | 2018 only, contributions by the several departments are not | ||||||
6 | required to be made for General Revenue Funds payrolls | ||||||
7 | processed by the Comptroller. Payrolls paid by the several | ||||||
8 | departments from all other State funds must continue to be | ||||||
9 | processed pursuant to subsection (c) of this Section. | ||||||
10 | (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015, | ||||||
11 | 2016, and 2017 , and 2018 only, on or as soon as possible after | ||||||
12 | the 15th day of each month, the Board shall submit vouchers for | ||||||
13 | payment of State contributions to the System, in a total | ||||||
14 | monthly amount of one-twelfth of the fiscal year General | ||||||
15 | Revenue Fund contribution as certified by the System pursuant | ||||||
16 | to Section 14-135.08 of the Illinois Pension Code. | ||||||
17 | (d) If an employee is paid from trust funds or federal | ||||||
18 | funds, the
department or other employer shall pay employer | ||||||
19 | contributions from those funds
to the System at the certified | ||||||
20 | rate, unless the terms of the trust or the
federal-State | ||||||
21 | agreement preclude the use of the funds for that purpose, in
| ||||||
22 | which case the required employer contributions shall be paid by | ||||||
23 | the State.
From the effective date of this amendatory
Act of | ||||||
24 | the 93rd General Assembly through the payment of the final
| ||||||
25 | payroll from fiscal year 2004 appropriations, the department or | ||||||
26 | other
employer shall not pay contributions for the remainder of |
| |||||||
| |||||||
1 | fiscal year
2004 but shall instead make payments as required | ||||||
2 | under subsection (a-1) of
Section 14.1 of the State Finance | ||||||
3 | Act. The department or other employer shall
resume payment of
| ||||||
4 | contributions at the commencement of fiscal year 2005.
| ||||||
5 | (e) For State fiscal years 2012 through 2045, the minimum | ||||||
6 | contribution
to the System to be made by the State for each | ||||||
7 | fiscal year shall be an amount
determined by the System to be | ||||||
8 | sufficient to bring the total assets of the
System up to 90% of | ||||||
9 | the total actuarial liabilities of the System by the end
of | ||||||
10 | State fiscal year 2045. In making these determinations, the | ||||||
11 | required State
contribution shall be calculated each year as a | ||||||
12 | level percentage of payroll
over the years remaining to and | ||||||
13 | including fiscal year 2045 and shall be
determined under the | ||||||
14 | projected unit credit actuarial cost method.
| ||||||
15 | For State fiscal years 1996 through 2005, the State | ||||||
16 | contribution to
the System, as a percentage of the applicable | ||||||
17 | employee payroll, shall be
increased in equal annual increments | ||||||
18 | so that by State fiscal year 2011, the
State is contributing at | ||||||
19 | the rate required under this Section; except that
(i) for State | ||||||
20 | fiscal year 1998, for all purposes of this Code and any other
| ||||||
21 | law of this State, the certified percentage of the applicable | ||||||
22 | employee payroll
shall be 5.052% for employees earning eligible | ||||||
23 | creditable service under Section
14-110 and 6.500% for all | ||||||
24 | other employees, notwithstanding any contrary
certification | ||||||
25 | made under Section 14-135.08 before the effective date of this
| ||||||
26 | amendatory Act of 1997, and (ii)
in the following specified |
| |||||||
| |||||||
1 | State fiscal years, the State contribution to
the System shall | ||||||
2 | not be less than the following indicated percentages of the
| ||||||
3 | applicable employee payroll, even if the indicated percentage | ||||||
4 | will produce a
State contribution in excess of the amount | ||||||
5 | otherwise required under this
subsection and subsection (a):
| ||||||
6 | 9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY | ||||||
7 | 2002;
10.6% in FY 2003; and
10.8% in FY 2004.
| ||||||
8 | Notwithstanding any other provision of this Article, the | ||||||
9 | total required State
contribution to the System for State | ||||||
10 | fiscal year 2006 is $203,783,900.
| ||||||
11 | Notwithstanding any other provision of this Article, the | ||||||
12 | total required State
contribution to the System for State | ||||||
13 | fiscal year 2007 is $344,164,400.
| ||||||
14 | For each of State fiscal years 2008 through 2009, the State | ||||||
15 | contribution to
the System, as a percentage of the applicable | ||||||
16 | employee payroll, shall be
increased in equal annual increments | ||||||
17 | from the required State contribution for State fiscal year | ||||||
18 | 2007, so that by State fiscal year 2011, the
State is | ||||||
19 | contributing at the rate otherwise required under this Section.
| ||||||
20 | Notwithstanding any other provision of this Article, the | ||||||
21 | total required State General Revenue Fund contribution for | ||||||
22 | State fiscal year 2010 is $723,703,100 and shall be made from | ||||||
23 | the proceeds of bonds sold in fiscal year 2010 pursuant to | ||||||
24 | Section 7.2 of the General Obligation Bond Act, less (i) the | ||||||
25 | pro rata share of bond sale expenses determined by the System's | ||||||
26 | share of total bond proceeds, (ii) any amounts received from |
| |||||||
| |||||||
1 | the General Revenue Fund in fiscal year 2010, and (iii) any | ||||||
2 | reduction in bond proceeds due to the issuance of discounted | ||||||
3 | bonds, if applicable. | ||||||
4 | Notwithstanding any other provision of this Article, the
| ||||||
5 | total required State General Revenue Fund contribution for
| ||||||
6 | State fiscal year 2011 is the amount recertified by the System | ||||||
7 | on or before April 1, 2011 pursuant to Section 14-135.08 and | ||||||
8 | shall be made from
the proceeds of bonds sold in fiscal year | ||||||
9 | 2011 pursuant to
Section 7.2 of the General Obligation Bond | ||||||
10 | Act, less (i) the
pro rata share of bond sale expenses | ||||||
11 | determined by the System's
share of total bond proceeds, (ii) | ||||||
12 | any amounts received from
the General Revenue Fund in fiscal | ||||||
13 | year 2011, and (iii) any
reduction in bond proceeds due to the | ||||||
14 | issuance of discounted
bonds, if applicable. | ||||||
15 | Beginning in State fiscal year 2046, the minimum State | ||||||
16 | contribution for
each fiscal year shall be the amount needed to | ||||||
17 | maintain the total assets of
the System at 90% of the total | ||||||
18 | actuarial liabilities of the System.
| ||||||
19 | Amounts received by the System pursuant to Section 25 of | ||||||
20 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
21 | Finance Act in any fiscal year do not reduce and do not | ||||||
22 | constitute payment of any portion of the minimum State | ||||||
23 | contribution required under this Article in that fiscal year. | ||||||
24 | Such amounts shall not reduce, and shall not be included in the | ||||||
25 | calculation of, the required State contributions under this | ||||||
26 | Article in any future year until the System has reached a |
| |||||||
| |||||||
1 | funding ratio of at least 90%. A reference in this Article to | ||||||
2 | the "required State contribution" or any substantially similar | ||||||
3 | term does not include or apply to any amounts payable to the | ||||||
4 | System under Section 25 of the Budget Stabilization Act.
| ||||||
5 | Notwithstanding any other provision of this Section, the | ||||||
6 | required State
contribution for State fiscal year 2005 and for | ||||||
7 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
8 | under this Section and
certified under Section 14-135.08, shall | ||||||
9 | not exceed an amount equal to (i) the
amount of the required | ||||||
10 | State contribution that would have been calculated under
this | ||||||
11 | Section for that fiscal year if the System had not received any | ||||||
12 | payments
under subsection (d) of Section 7.2 of the General | ||||||
13 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
14 | total debt service payments for that fiscal
year on the bonds | ||||||
15 | issued in fiscal year 2003 for the purposes of that Section | ||||||
16 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
17 | the same as the System's portion of
the total moneys | ||||||
18 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
19 | Obligation Bond Act. In determining this maximum for State | ||||||
20 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
21 | in item (i) shall be increased, as a percentage of the | ||||||
22 | applicable employee payroll, in equal increments calculated | ||||||
23 | from the sum of the required State contribution for State | ||||||
24 | fiscal year 2007 plus the applicable portion of the State's | ||||||
25 | total debt service payments for fiscal year 2007 on the bonds | ||||||
26 | issued in fiscal year 2003 for the purposes of Section 7.2 of |
| |||||||
| |||||||
1 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
2 | 2011, the
State is contributing at the rate otherwise required | ||||||
3 | under this Section.
| ||||||
4 | (f) After the submission of all payments for eligible | ||||||
5 | employees
from personal services line items in fiscal year 2004 | ||||||
6 | have been made,
the Comptroller shall provide to the System a | ||||||
7 | certification of the sum
of all fiscal year 2004 expenditures | ||||||
8 | for personal services that would
have been covered by payments | ||||||
9 | to the System under this Section if the
provisions of this | ||||||
10 | amendatory Act of the 93rd General Assembly had not been
| ||||||
11 | enacted. Upon
receipt of the certification, the System shall | ||||||
12 | determine the amount
due to the System based on the full rate | ||||||
13 | certified by the Board under
Section 14-135.08 for fiscal year | ||||||
14 | 2004 in order to meet the State's
obligation under this | ||||||
15 | Section. The System shall compare this amount
due to the amount | ||||||
16 | received by the System in fiscal year 2004 through
payments | ||||||
17 | under this Section and under Section 6z-61 of the State Finance | ||||||
18 | Act.
If the amount
due is more than the amount received, the | ||||||
19 | difference shall be termed the
"Fiscal Year 2004 Shortfall" for | ||||||
20 | purposes of this Section, and the
Fiscal Year 2004 Shortfall | ||||||
21 | shall be satisfied under Section 1.2 of the State
Pension Funds | ||||||
22 | Continuing Appropriation Act. If the amount due is less than | ||||||
23 | the
amount received, the
difference shall be termed the "Fiscal | ||||||
24 | Year 2004 Overpayment" for purposes of
this Section, and the | ||||||
25 | Fiscal Year 2004 Overpayment shall be repaid by
the System to | ||||||
26 | the Pension Contribution Fund as soon as practicable
after the |
| |||||||
| |||||||
1 | certification.
| ||||||
2 | (g) For purposes of determining the required State | ||||||
3 | contribution to the System, the value of the System's assets | ||||||
4 | shall be equal to the actuarial value of the System's assets, | ||||||
5 | which shall be calculated as follows: | ||||||
6 | As of June 30, 2008, the actuarial value of the System's | ||||||
7 | assets shall be equal to the market value of the assets as of | ||||||
8 | that date. In determining the actuarial value of the System's | ||||||
9 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
10 | gains or losses from investment return incurred in a fiscal | ||||||
11 | year shall be recognized in equal annual amounts over the | ||||||
12 | 5-year period following that fiscal year. | ||||||
13 | (h) For purposes of determining the required State | ||||||
14 | contribution to the System for a particular year, the actuarial | ||||||
15 | value of assets shall be assumed to earn a rate of return equal | ||||||
16 | to the System's actuarially assumed rate of return. | ||||||
17 | (i) After the submission of all payments for eligible | ||||||
18 | employees from personal services line items paid from the | ||||||
19 | General Revenue Fund in fiscal year 2010 have been made, the | ||||||
20 | Comptroller shall provide to the System a certification of the | ||||||
21 | sum of all fiscal year 2010 expenditures for personal services | ||||||
22 | that would have been covered by payments to the System under | ||||||
23 | this Section if the provisions of this amendatory Act of the | ||||||
24 | 96th General Assembly had not been enacted. Upon receipt of the | ||||||
25 | certification, the System shall determine the amount due to the | ||||||
26 | System based on the full rate certified by the Board under |
| |||||||
| |||||||
1 | Section 14-135.08 for fiscal year 2010 in order to meet the | ||||||
2 | State's obligation under this Section. The System shall compare | ||||||
3 | this amount due to the amount received by the System in fiscal | ||||||
4 | year 2010 through payments under this Section. If the amount | ||||||
5 | due is more than the amount received, the difference shall be | ||||||
6 | termed the "Fiscal Year 2010 Shortfall" for purposes of this | ||||||
7 | Section, and the Fiscal Year 2010 Shortfall shall be satisfied | ||||||
8 | under Section 1.2 of the State Pension Funds Continuing | ||||||
9 | Appropriation Act. If the amount due is less than the amount | ||||||
10 | received, the difference shall be termed the "Fiscal Year 2010 | ||||||
11 | Overpayment" for purposes of this Section, and the Fiscal Year | ||||||
12 | 2010 Overpayment shall be repaid by the System to the General | ||||||
13 | Revenue Fund as soon as practicable after the certification. | ||||||
14 | (j) After the submission of all payments for eligible | ||||||
15 | employees from personal services line items paid from the | ||||||
16 | General Revenue Fund in fiscal year 2011 have been made, the | ||||||
17 | Comptroller shall provide to the System a certification of the | ||||||
18 | sum of all fiscal year 2011 expenditures for personal services | ||||||
19 | that would have been covered by payments to the System under | ||||||
20 | this Section if the provisions of this amendatory Act of the | ||||||
21 | 96th General Assembly had not been enacted. Upon receipt of the | ||||||
22 | certification, the System shall determine the amount due to the | ||||||
23 | System based on the full rate certified by the Board under | ||||||
24 | Section 14-135.08 for fiscal year 2011 in order to meet the | ||||||
25 | State's obligation under this Section. The System shall compare | ||||||
26 | this amount due to the amount received by the System in fiscal |
| |||||||
| |||||||
1 | year 2011 through payments under this Section. If the amount | ||||||
2 | due is more than the amount received, the difference shall be | ||||||
3 | termed the "Fiscal Year 2011 Shortfall" for purposes of this | ||||||
4 | Section, and the Fiscal Year 2011 Shortfall shall be satisfied | ||||||
5 | under Section 1.2 of the State Pension Funds Continuing | ||||||
6 | Appropriation Act. If the amount due is less than the amount | ||||||
7 | received, the difference shall be termed the "Fiscal Year 2011 | ||||||
8 | Overpayment" for purposes of this Section, and the Fiscal Year | ||||||
9 | 2011 Overpayment shall be repaid by the System to the General | ||||||
10 | Revenue Fund as soon as practicable after the certification. | ||||||
11 | (k) For fiscal years 2012 through 2018 2017 only, after the | ||||||
12 | submission of all payments for eligible employees from personal | ||||||
13 | services line items paid from the General Revenue Fund in the | ||||||
14 | fiscal year have been made, the Comptroller shall provide to | ||||||
15 | the System a certification of the sum of all expenditures in | ||||||
16 | the fiscal year for personal services. Upon receipt of the | ||||||
17 | certification, the System shall determine the amount due to the | ||||||
18 | System based on the full rate certified by the Board under | ||||||
19 | Section 14-135.08 for the fiscal year in order to meet the | ||||||
20 | State's obligation under this Section. The System shall compare | ||||||
21 | this amount due to the amount received by the System for the | ||||||
22 | fiscal year. If the amount due is more than the amount | ||||||
23 | received, the difference shall be termed the "Prior Fiscal Year | ||||||
24 | Shortfall" for purposes of this Section, and the Prior Fiscal | ||||||
25 | Year Shortfall shall be satisfied under Section 1.2 of the | ||||||
26 | State Pension Funds Continuing Appropriation Act. If the amount |
| |||||||
| |||||||
1 | due is less than the amount received, the difference shall be | ||||||
2 | termed the "Prior Fiscal Year Overpayment" for purposes of this | ||||||
3 | Section, and the Prior Fiscal Year Overpayment shall be repaid | ||||||
4 | by the System to the General Revenue Fund as soon as | ||||||
5 | practicable after the certification. | ||||||
6 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8, | ||||||
7 | eff. 7-9-15; 99-523, eff. 6-30-16.)
| ||||||
8 | Section 10-15. The State Pension Funds Continuing | ||||||
9 | Appropriation Act is amended by changing Section 1.2 as | ||||||
10 | follows:
| ||||||
11 | (40 ILCS 15/1.2)
| ||||||
12 | Sec. 1.2. Appropriations for the State Employees' | ||||||
13 | Retirement System.
| ||||||
14 | (a) From each fund from which an amount is appropriated for | ||||||
15 | personal
services to a department or other employer under | ||||||
16 | Article 14 of the Illinois
Pension Code, there is hereby | ||||||
17 | appropriated to that department or other
employer, on a | ||||||
18 | continuing annual basis for each State fiscal year, an
| ||||||
19 | additional amount equal to the amount, if any, by which (1) an | ||||||
20 | amount equal
to the percentage of the personal services line | ||||||
21 | item for that department or
employer from that fund for that | ||||||
22 | fiscal year that the Board of Trustees of
the State Employees' | ||||||
23 | Retirement System of Illinois has certified under Section
| ||||||
24 | 14-135.08 of the Illinois Pension Code to be necessary to meet |
| |||||||
| |||||||
1 | the State's
obligation under Section 14-131 of the Illinois | ||||||
2 | Pension Code for that fiscal
year, exceeds (2) the amounts | ||||||
3 | otherwise appropriated to that department or
employer from that | ||||||
4 | fund for State contributions to the State Employees'
Retirement | ||||||
5 | System for that fiscal year.
From the effective
date of this | ||||||
6 | amendatory Act of the 93rd General Assembly
through the final | ||||||
7 | payment from a department or employer's
personal services line | ||||||
8 | item for fiscal year 2004, payments to
the State Employees' | ||||||
9 | Retirement System that otherwise would
have been made under | ||||||
10 | this subsection (a) shall be governed by
the provisions in | ||||||
11 | subsection (a-1).
| ||||||
12 | (a-1) If a Fiscal Year 2004 Shortfall is certified under | ||||||
13 | subsection (f) of
Section 14-131 of the Illinois Pension Code, | ||||||
14 | there is hereby appropriated
to the State Employees' Retirement | ||||||
15 | System of Illinois on a
continuing basis from the General | ||||||
16 | Revenue Fund an additional
aggregate amount equal to the Fiscal | ||||||
17 | Year 2004 Shortfall.
| ||||||
18 | (a-2) If a Fiscal Year 2010 Shortfall is certified under | ||||||
19 | subsection (i) of Section 14-131 of the Illinois Pension Code, | ||||||
20 | there is hereby appropriated to the State Employees' Retirement | ||||||
21 | System of Illinois on a continuing basis from the General | ||||||
22 | Revenue Fund an additional aggregate amount equal to the Fiscal | ||||||
23 | Year 2010 Shortfall. | ||||||
24 | (a-3) If a Fiscal Year 2016 Shortfall is certified under | ||||||
25 | subsection (k) of Section 14-131 of the Illinois Pension Code, | ||||||
26 | there is hereby appropriated to the State Employees' Retirement |
| |||||||
| |||||||
1 | System of Illinois on a continuing basis from the General | ||||||
2 | Revenue Fund an additional aggregate amount equal to the Fiscal | ||||||
3 | Year 2016 Shortfall. | ||||||
4 | (a-4) If a Prior Fiscal Year Shortfall is certified under | ||||||
5 | subsection (k) of Section 14-131 of the Illinois Pension Code, | ||||||
6 | there is hereby appropriated to the State Employees' Retirement | ||||||
7 | System of Illinois on a continuing basis from the General | ||||||
8 | Revenue Fund an additional aggregate amount equal to the Prior | ||||||
9 | Fiscal Year Shortfall. | ||||||
10 | (b) The continuing appropriations provided for by this | ||||||
11 | Section shall first
be available in State fiscal year 1996.
| ||||||
12 | (c) Beginning in Fiscal Year 2005, any continuing | ||||||
13 | appropriation under this Section arising out of an | ||||||
14 | appropriation for personal services from the Road Fund to the | ||||||
15 | Department of State Police or the Secretary of State shall be | ||||||
16 | payable from the General Revenue Fund rather than the Road | ||||||
17 | Fund.
| ||||||
18 | (d) For State fiscal year 2010 only, a continuing | ||||||
19 | appropriation is provided to the State Employees' Retirement | ||||||
20 | System equal to the amount certified by the System on or before | ||||||
21 | December 31, 2008, less the gross proceeds of the bonds sold in | ||||||
22 | fiscal year 2010 under the authorization contained in | ||||||
23 | subsection (a) of Section 7.2 of the General Obligation Bond | ||||||
24 | Act. | ||||||
25 | (e) For State fiscal year 2011 only, the continuing | ||||||
26 | appropriation under this Section provided to the State |
| |||||||
| |||||||
1 | Employees' Retirement System is limited to an amount equal to | ||||||
2 | the amount certified by the System on or before December 31, | ||||||
3 | 2009, less any amounts received pursuant to subsection (a-3) of | ||||||
4 | Section 14.1 of the State Finance Act. | ||||||
5 | (f) For State fiscal year 2011 only, a continuing
| ||||||
6 | appropriation is provided to the State Employees' Retirement
| ||||||
7 | System equal to the amount certified by the System on or before
| ||||||
8 | April 1, 2011, less the gross proceeds of the bonds sold in
| ||||||
9 | fiscal year 2011 under the authorization contained in
| ||||||
10 | subsection (a) of Section 7.2 of the General Obligation Bond
| ||||||
11 | Act. | ||||||
12 | (Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)
| ||||||
13 | Section 10-20. The Uniform Disposition of Unclaimed | ||||||
14 | Property Act is amended by changing Section 18 as follows:
| ||||||
15 | (765 ILCS 1025/18) (from Ch. 141, par. 118)
| ||||||
16 | Sec. 18. Deposit of funds received under the Act.
| ||||||
17 | (a) The State Treasurer shall retain all funds received | ||||||
18 | under this Act,
including the proceeds from
the sale of | ||||||
19 | abandoned property under Section 17, in a trust fund known as | ||||||
20 | the Unclaimed Property Trust Fund. The State Treasurer may | ||||||
21 | deposit any amount in the Unclaimed Property Trust Fund into | ||||||
22 | the State Pensions Fund during the fiscal year at his or her | ||||||
23 | discretion; however, he or she shall,
on April 15 and October | ||||||
24 | 15 of each year, deposit any amount in the Unclaimed Property |
| |||||||
| |||||||
1 | Trust Fund
exceeding $2,500,000 into the State Pensions Fund. | ||||||
2 | If on either April 15 or October 15, the State Treasurer | ||||||
3 | determines that a balance of $2,500,000 is insufficient for the | ||||||
4 | prompt payment of unclaimed property claims authorized under | ||||||
5 | this Act, the Treasurer may retain more than $2,500,000 in the | ||||||
6 | Unclaimed Property Trust Fund in order to ensure the prompt | ||||||
7 | payment of claims. Beginning in State fiscal year 2019 2018 , | ||||||
8 | all amounts that are deposited into the State Pensions Fund | ||||||
9 | from the Unclaimed Property Trust Fund shall be apportioned to | ||||||
10 | the designated retirement systems as provided in subsection | ||||||
11 | (c-6) of Section 8.12 of the State Finance Act to reduce their | ||||||
12 | actuarial reserve deficiencies. He or she shall make prompt | ||||||
13 | payment of claims he or she
duly allows as provided for in this | ||||||
14 | Act for the Unclaimed Property Trust Fund.
Before making the | ||||||
15 | deposit the State Treasurer
shall record the name and last | ||||||
16 | known address of each person appearing from the
holders' | ||||||
17 | reports to be entitled to the abandoned property. The record | ||||||
18 | shall be
available for public inspection during reasonable | ||||||
19 | business
hours.
| ||||||
20 | (b) Before making any deposit to the credit of the State | ||||||
21 | Pensions Fund,
the State Treasurer may deduct: (1) any costs in | ||||||
22 | connection with sale of
abandoned property, (2) any costs of | ||||||
23 | mailing and publication in connection with
any abandoned | ||||||
24 | property, and (3) any costs in connection with the maintenance | ||||||
25 | of
records or disposition of claims made pursuant to this Act. | ||||||
26 | The State
Treasurer shall semiannually file an itemized report |
| |||||||
| |||||||
1 | of all such expenses with
the Legislative Audit Commission.
| ||||||
2 | (Source: P.A. 98-19, eff. 6-10-13; 98-24, eff. 6-19-13; 98-674, | ||||||
3 | eff. 6-30-14; 98-756, eff. 7-16-14; 99-8, eff. 7-9-15; 99-523, | ||||||
4 | eff. 6-30-16.)
| ||||||
5 | ARTICLE 15. TOURISM FUNDS CONSOLIDATION | ||||||
6 | Section 15-5. The Department of Commerce and Economic | ||||||
7 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
8 | amended by changing Sections 605-705, 605-707, and 605-710 as | ||||||
9 | follows:
| ||||||
10 | (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
| ||||||
11 | Sec. 605-705. Grants to local tourism and convention | ||||||
12 | bureaus.
| ||||||
13 | (a) To establish a grant program for local tourism and
| ||||||
14 | convention bureaus. The Department will develop and implement a | ||||||
15 | program
for the use of funds, as authorized under this Act, by | ||||||
16 | local tourism and
convention bureaus. For the purposes of this | ||||||
17 | Act,
bureaus eligible to receive funds are those local tourism | ||||||
18 | and
convention bureaus that are (i) either units of local | ||||||
19 | government or
incorporated as not-for-profit organizations; | ||||||
20 | (ii) in legal existence
for a minimum of 2 years before July 1, | ||||||
21 | 2001; (iii) operating with a
paid, full-time staff whose sole | ||||||
22 | purpose is to promote tourism in the
designated service area; | ||||||
23 | and (iv) affiliated with one or more
municipalities or counties |
| |||||||
| |||||||
1 | that support the bureau with local hotel-motel
taxes. After | ||||||
2 | July 1, 2001, bureaus requesting certification in
order to | ||||||
3 | receive funds for the first time must be local tourism and
| ||||||
4 | convention bureaus that are (i) either units of local | ||||||
5 | government or
incorporated as not-for-profit organizations; | ||||||
6 | (ii) in legal existence
for a minimum of 2 years before the | ||||||
7 | request for certification; (iii)
operating with a paid, | ||||||
8 | full-time staff whose sole purpose is to promote
tourism in the | ||||||
9 | designated service area; and (iv) affiliated with
multiple | ||||||
10 | municipalities or counties that support the bureau with local
| ||||||
11 | hotel-motel taxes. Each bureau receiving funds under this Act | ||||||
12 | will be
certified by the Department as the designated recipient | ||||||
13 | to serve an area of
the State.
Notwithstanding the criteria set | ||||||
14 | forth in this subsection (a), or any rule
adopted under this | ||||||
15 | subsection (a), the Director of the Department may
provide for | ||||||
16 | the award of grant funds to one or more entities if in the
| ||||||
17 | Department's judgment that action is necessary in order to | ||||||
18 | prevent a loss of
funding critical to promoting tourism in a | ||||||
19 | designated geographic area of the
State.
| ||||||
20 | (b) To distribute grants to local tourism and convention | ||||||
21 | bureaus from
appropriations made from the Local Tourism Fund | ||||||
22 | for that purpose. Of the
amounts appropriated annually to the | ||||||
23 | Department for expenditure under this
Section prior to July 1, | ||||||
24 | 2011, one-third of those monies shall be used for grants to | ||||||
25 | convention and
tourism bureaus in cities with a population | ||||||
26 | greater than 500,000. The
remaining two-thirds of the annual |
| |||||||
| |||||||
1 | appropriation prior to July 1, 2011 shall be used for grants to
| ||||||
2 | convention and tourism bureaus in the
remainder of the State, | ||||||
3 | in accordance with a formula based upon the
population served. | ||||||
4 | Of the amounts appropriated annually to the Department for | ||||||
5 | expenditure under this Section beginning July 1, 2011, 18% of | ||||||
6 | such moneys shall be used for grants to convention and tourism | ||||||
7 | bureaus in cities with a population greater than 500,000. Of | ||||||
8 | the amounts appropriated annually to the Department for | ||||||
9 | expenditure under this Section beginning July 1, 2011, 82% of | ||||||
10 | such moneys shall be used for grants to convention bureaus in | ||||||
11 | the remainder of the State, in accordance with a formula based | ||||||
12 | upon the population served. The Department may reserve up to | ||||||
13 | 10% of total
local tourism funds available for costs of | ||||||
14 | administering the program to conduct audits of grants, to | ||||||
15 | provide incentive funds to
those
bureaus that will conduct | ||||||
16 | promotional activities designed to further the
Department's | ||||||
17 | statewide advertising campaign, to fund special statewide
| ||||||
18 | promotional activities, and to fund promotional activities | ||||||
19 | that support an
increased use of the State's parks or historic | ||||||
20 | sites. The Department shall require that any convention and | ||||||
21 | tourism bureau receiving a grant under this Section that | ||||||
22 | requires matching funds shall provide matching funds equal to | ||||||
23 | no less than 50% of the grant amount. During fiscal year 2013, | ||||||
24 | the Department shall reserve $2,000,000 of the available local | ||||||
25 | tourism funds for appropriation to the Historic Preservation | ||||||
26 | Agency for the operation of the Abraham Lincoln Presidential |
| |||||||
| |||||||
1 | Library and Museum and State historic sites.
| ||||||
2 | (c) Notwithstanding any other provision of law, in addition | ||||||
3 | to any other transfers that may be provided by law, on July 1, | ||||||
4 | 2017, or as soon thereafter as practical, the State Comptroller | ||||||
5 | shall direct and the State Treasurer shall transfer the | ||||||
6 | remaining balance from the Local Tourism Fund into the Tourism | ||||||
7 | Promotion Fund. Upon completion of the transfers, the Local | ||||||
8 | Tourism Fund is dissolved, and any future deposits due to that | ||||||
9 | Fund and any outstanding obligations or liabilities of that | ||||||
10 | Fund pass to the Tourism Promotion Fund. | ||||||
11 | (Source: P.A. 97-617, eff. 10-26-11; 97-732, eff. 6-30-12; | ||||||
12 | 98-252, eff. 8-9-13.)
| ||||||
13 | (20 ILCS 605/605-707) (was 20 ILCS 605/46.6d)
| ||||||
14 | Sec. 605-707. International Tourism Program.
| ||||||
15 | (a) The Department of Commerce and Economic Opportunity | ||||||
16 | must establish a
program for international tourism. The | ||||||
17 | Department shall develop and
implement the program on January | ||||||
18 | 1, 2000 by rule. As part of the program, the
Department may | ||||||
19 | work in cooperation with local convention and tourism bureaus
| ||||||
20 | in Illinois in the coordination of international tourism | ||||||
21 | efforts at the State
and local level. The
Department may (i)
| ||||||
22 | work in cooperation with local convention and tourism bureaus | ||||||
23 | for efficient use
of their international tourism marketing
| ||||||
24 | resources, (ii) promote
Illinois in international meetings and | ||||||
25 | tourism markets, (iii) work with
convention and tourism bureaus |
| |||||||
| |||||||
1 | throughout the State to increase the number of
international | ||||||
2 | tourists to Illinois, (iv) provide training,
research, | ||||||
3 | technical support, and grants to certified convention and
| ||||||
4 | tourism bureaus, (v) provide staff, administration, and | ||||||
5 | related support
required to manage the programs under this | ||||||
6 | Section, and (vi) provide grants
for the development of or the | ||||||
7 | enhancement of
international tourism
attractions.
| ||||||
8 | (b) The Department shall make grants for expenses related | ||||||
9 | to international
tourism and pay for the staffing,
| ||||||
10 | administration, and related support from the International
| ||||||
11 | Tourism Fund, a special fund created in the State Treasury. Of | ||||||
12 | the amounts
deposited into the Fund in fiscal year 2000 after | ||||||
13 | January 1, 2000 through fiscal year 2011, 55% shall be
used for | ||||||
14 | grants to convention and tourism bureaus in Chicago (other than | ||||||
15 | the
City of Chicago's Office of Tourism) and 45% shall be used | ||||||
16 | for development of
international tourism in areas outside of | ||||||
17 | Chicago. Of the amounts
deposited into the Fund in fiscal year | ||||||
18 | 2001 and thereafter, 55% shall be used
for grants to convention | ||||||
19 | and tourism bureaus in Chicago, and of that amount not
less | ||||||
20 | than
27.5% shall be used
for
grants to convention and tourism | ||||||
21 | bureaus in Chicago other than the
City of Chicago's Office of | ||||||
22 | Tourism, and 45%
shall be
used for administrative expenses and | ||||||
23 | grants authorized under this Section and
development of | ||||||
24 | international tourism in areas outside of Chicago, of which not
| ||||||
25 | less than $1,000,000
shall be used annually to make grants to | ||||||
26 | convention and tourism bureaus in
cities other than Chicago |
| |||||||
| |||||||
1 | that demonstrate their international tourism appeal
and | ||||||
2 | request to develop or expand their international tourism | ||||||
3 | marketing
program, and may also be used to provide grants under | ||||||
4 | item (vi) of subsection
(a) of
this Section. All of the amounts | ||||||
5 | deposited into the Fund in fiscal year 2012 and thereafter | ||||||
6 | shall be used for administrative expenses and grants authorized | ||||||
7 | under this Section and development of international tourism in | ||||||
8 | areas outside of Chicago, of which not less than $1,000,000 | ||||||
9 | shall be used annually to make grants to convention and tourism | ||||||
10 | bureaus in cities other than Chicago that demonstrate their | ||||||
11 | international tourism appeal and request to develop or expand | ||||||
12 | their international tourism marketing program, and may also be | ||||||
13 | used to provide grants under item (vi) of subsection (a) of | ||||||
14 | this Section. Amounts appropriated to the State Comptroller for | ||||||
15 | administrative expenses and grants authorized by the Illinois | ||||||
16 | Global Partnership Act are payable from the International | ||||||
17 | Tourism Fund.
| ||||||
18 | (c) A convention and tourism bureau is eligible to receive | ||||||
19 | grant moneys
under this Section if the bureau is certified to | ||||||
20 | receive funds under Title 14
of the Illinois Administrative | ||||||
21 | Code, Section 550.35. To be eligible for a
grant, a convention | ||||||
22 | and tourism bureau must provide matching funds equal to the
| ||||||
23 | grant amount. The Department shall require that any convention | ||||||
24 | and tourism bureau receiving a grant under this Section that | ||||||
25 | requires matching funds shall provide matching funds equal to | ||||||
26 | no less than 50% of the grant amount. In certain
circumstances |
| |||||||
| |||||||
1 | as determined by the Director of Commerce and Economic | ||||||
2 | Opportunity,
however, the City of
Chicago's
Office of Tourism | ||||||
3 | or any other convention and tourism bureau
may provide
matching | ||||||
4 | funds equal to no less than 50% of the grant amount to be
| ||||||
5 | eligible to
receive
the grant.
One-half of this 50% may be | ||||||
6 | provided through in-kind contributions.
Grants received by the | ||||||
7 | City of Chicago's Office of Tourism and by convention
and | ||||||
8 | tourism bureaus in Chicago may be expended for the general | ||||||
9 | purposes of
promoting conventions and tourism.
| ||||||
10 | (d) Notwithstanding any other provision of law, in addition | ||||||
11 | to any other transfers that may be provided by law, on July 1, | ||||||
12 | 2017, or as soon thereafter as practical, the State Comptroller | ||||||
13 | shall direct and the State Treasurer shall transfer the | ||||||
14 | remaining balance from the International Tourism Fund into the | ||||||
15 | Tourism Promotion Fund. Upon completion of the transfers, the | ||||||
16 | International Tourism Fund is dissolved, and any future | ||||||
17 | deposits due to that Fund and any outstanding obligations or | ||||||
18 | liabilities of that Fund pass to the Tourism Promotion Fund. | ||||||
19 | (Source: P.A. 97-617, eff. 10-26-11; 97-732, eff. 6-30-12; | ||||||
20 | 98-252, eff. 8-9-13.)
| ||||||
21 | (20 ILCS 605/605-710)
| ||||||
22 | Sec. 605-710. Regional tourism development organizations.
| ||||||
23 | (a) The Department may, subject to appropriation, provide
| ||||||
24 | grants from the Tourism Promotion Fund for the administrative
| ||||||
25 | costs of not-for-profit regional tourism development |
| |||||||
| |||||||
1 | organizations that assist
the Department in developing tourism | ||||||
2 | throughout a multi-county geographical
area designated by the | ||||||
3 | Department. Regional tourism development organizations
| ||||||
4 | receiving funds under this Section may be required by the | ||||||
5 | Department to submit
to audits of contracts awarded by the | ||||||
6 | Department to determine whether the
regional tourism | ||||||
7 | development organization has performed all contractual
| ||||||
8 | obligations under those contracts.
| ||||||
9 | Every employee of a regional tourism development | ||||||
10 | organization receiving funds
under this Section shall disclose | ||||||
11 | to the organization's governing board and to
the Department any | ||||||
12 | economic interest that employee may have in any entity with
| ||||||
13 | which the regional tourism development organization has | ||||||
14 | contracted or to which
the regional tourism development | ||||||
15 | organization has granted funds.
| ||||||
16 | (b) The Department, from moneys transferred from the | ||||||
17 | General Revenue Fund
to the Tourism Promotion Fund and | ||||||
18 | appropriated from the Tourism Promotion
Fund, shall first | ||||||
19 | provide funding of $5,000,000 annually to a governmental
entity | ||||||
20 | with at least 2,000,000 square feet of exhibition space that | ||||||
21 | has as
part of its duties the promotion of cultural, scientific | ||||||
22 | and trade exhibits
and events within a county with a population | ||||||
23 | of more than 3,000,000, to be
used for any of the governmental | ||||||
24 | entity's general corporate purposes.
| ||||||
25 | (Source: P.A. 92-11, eff. 6-11-01; 92-38, eff. 6-28-01; 92-651, | ||||||
26 | eff.
7-11-02.)
|
| |||||||
| |||||||
1 | Section 15-10. The Illinois Promotion Act is amended by | ||||||
2 | changing Sections 4a, 5, and 8 as follows:
| ||||||
3 | (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
| ||||||
4 | Sec. 4a. Funds.
| ||||||
5 | (1) All moneys deposited in the Tourism Promotion Fund | ||||||
6 | pursuant to this
subsection are allocated to the Department for | ||||||
7 | utilization, as
appropriated, in the performance of its powers | ||||||
8 | under Section 4; except that during fiscal year 2013, the | ||||||
9 | Department shall reserve $9,800,000 of the total funds | ||||||
10 | available for appropriation in the Tourism Promotion Fund for | ||||||
11 | appropriation to the Historic Preservation Agency for the | ||||||
12 | operation of the Abraham Lincoln Presidential Library and | ||||||
13 | Museum and State historic sites.
| ||||||
14 | As soon as possible after the first day of each month, | ||||||
15 | beginning July 1,
1997 and ending on June 30, 2017 , upon | ||||||
16 | certification of the Department of Revenue, the Comptroller | ||||||
17 | shall
order transferred and the Treasurer shall transfer from | ||||||
18 | the General Revenue
Fund to the Tourism Promotion Fund an | ||||||
19 | amount equal to 13% of the net
revenue realized from the Hotel | ||||||
20 | Operators' Occupation Tax Act plus an amount
equal to 13% of | ||||||
21 | the net revenue realized from any tax imposed under
Section
| ||||||
22 | 4.05 of the Chicago World's Fair-1992 Authority Act during the | ||||||
23 | preceding month.
"Net revenue realized for a month" means the | ||||||
24 | revenue collected by the State
under that Act during the |
| |||||||
| |||||||
1 | previous month less the amount paid out during that
same month | ||||||
2 | as refunds to taxpayers for overpayment of liability under that
| ||||||
3 | Act.
| ||||||
4 | (1.1) (Blank).
| ||||||
5 | (2) As soon as possible after the first day of each month,
| ||||||
6 | beginning July 1,
1997 and ending on June 30, 2017 , upon | ||||||
7 | certification of the Department of Revenue, the Comptroller | ||||||
8 | shall
order transferred and the Treasurer shall transfer from | ||||||
9 | the General Revenue
Fund to the Tourism
Promotion Fund an | ||||||
10 | amount equal to 8% of the net revenue realized from the Hotel
| ||||||
11 | Operators' Occupation Tax plus an amount equal to 8% of the net | ||||||
12 | revenue
realized from any tax imposed under Section 4.05 of the | ||||||
13 | Chicago World's
Fair-1992 Authority Act during the preceding | ||||||
14 | month. "Net revenue realized for
a
month" means the revenue | ||||||
15 | collected by the State under that Act during the
previous month | ||||||
16 | less the amount paid out during that same month as refunds to
| ||||||
17 | taxpayers for overpayment of liability under that Act.
| ||||||
18 | All monies deposited in the Tourism Promotion Fund under | ||||||
19 | this
subsection (2) shall be used solely as provided in this | ||||||
20 | subsection to
advertise and promote tourism throughout | ||||||
21 | Illinois. Appropriations of monies
deposited in the Tourism | ||||||
22 | Promotion Fund pursuant to this subsection (2)
shall be used | ||||||
23 | solely for advertising to promote tourism, including but not
| ||||||
24 | limited to advertising production and direct advertisement | ||||||
25 | costs, but shall
not be used to employ any additional staff, | ||||||
26 | finance any individual event,
or lease, rent or purchase any |
| |||||||
| |||||||
1 | physical facilities. The Department shall
coordinate its | ||||||
2 | advertising under this subsection (2) with other public and
| ||||||
3 | private entities in the State engaged in similar promotion | ||||||
4 | activities.
Print or electronic media production made pursuant | ||||||
5 | to this subsection (2)
for advertising promotion shall not | ||||||
6 | contain or include the physical
appearance of or reference to | ||||||
7 | the name or position of any public officer.
"Public officer" | ||||||
8 | means a person who is elected to office pursuant to
statute, or | ||||||
9 | who is appointed to an office which is established, and the
| ||||||
10 | qualifications and duties of which are prescribed, by statute, | ||||||
11 | to discharge
a public duty for the State or any of its | ||||||
12 | political subdivisions. | ||||||
13 | (3) Notwithstanding anything in this Section to the | ||||||
14 | contrary, amounts transferred from the General Revenue Fund to | ||||||
15 | the Tourism Promotion Fund pursuant to this Section shall not | ||||||
16 | exceed $26,300,000 in State fiscal year 2012.
| ||||||
17 | (4) As soon as possible after the first day of each month, | ||||||
18 | beginning July 1, 2017, if the amount of revenue deposited into | ||||||
19 | the Tourism Promotion Fund under subsection (c) of Section 6 of | ||||||
20 | the Hotel Operators' Occupation Tax Act is less than 21% of the | ||||||
21 | net revenue realized from the Hotel Operators' Occupation Tax | ||||||
22 | during the preceding month, then, upon certification of the | ||||||
23 | Department of Revenue, the State Comptroller shall direct and | ||||||
24 | the State Treasurer shall transfer from the General Revenue | ||||||
25 | Fund to the Tourism Promotion Fund an amount equal to the | ||||||
26 | difference between 21% of the net revenue realized from the |
| |||||||
| |||||||
1 | Hotel Operators' Occupation Tax during the preceding month and | ||||||
2 | the amount of revenue deposited into the Tourism Promotion Fund | ||||||
3 | under subsection (c) of Section 6 of the Hotel Operators' | ||||||
4 | Occupation Tax Act. | ||||||
5 | (5) Beginning on July 1, 2017, moneys deposited into the | ||||||
6 | Tourism Promotion Fund under subsection (c) of Section 6 of the | ||||||
7 | Hotel Operators' Occupation Tax Act may be used by the | ||||||
8 | Department of Commerce and Economic Opportunity for the | ||||||
9 | purposes authorized in the Illinois Promotion Act and for | ||||||
10 | advertising to promote tourism, including but not limited to | ||||||
11 | advertising production and direct advertisement costs. | ||||||
12 | (Source: P.A. 97-641, eff. 12-19-11; 97-732, eff. 6-30-12.)
| ||||||
13 | (20 ILCS 665/5) (from Ch. 127, par. 200-25)
| ||||||
14 | Sec. 5. Marketing and private sector programs.
| ||||||
15 | (a) The Department is authorized to make grants, subject to
| ||||||
16 | appropriation, from
funds transferred into the Tourism
| ||||||
17 | Promotion Fund under subsection (1) of Section 4a
to counties,
| ||||||
18 | municipalities, not-for-profit organizations, and local | ||||||
19 | promotion groups
and
to assist such counties,
municipalities | ||||||
20 | and local promotion groups in the promotion of tourism
| ||||||
21 | attractions and tourism events.
The Department, after review of | ||||||
22 | the application and if satisfied
that the program and proposed | ||||||
23 | expenditures of the applicant appear to
be in accord with the | ||||||
24 | purposes of this Act, must grant to the
applicant an amount not | ||||||
25 | to exceed 60% of the proposed expenditures.
|
| |||||||
| |||||||
1 | (b) The Department may make grants, subject to | ||||||
2 | appropriation, from
funds transferred into the Tourism | ||||||
3 | Promotion Fund under subsection (1)
of Section 4a to counties, | ||||||
4 | municipalities, not-for-profit
organizations, local promotion | ||||||
5 | groups, and for-profit businesses to
assist in attracting and | ||||||
6 | hosting tourism events matched with funds from
sources in the | ||||||
7 | private sector. The Department, after review of the
application | ||||||
8 | and if satisfied that the program and proposed
expenditures of | ||||||
9 | the applicant appear to be in accord with the purposes
of this | ||||||
10 | Act, must grant to the applicant an amount not to exceed
50% of | ||||||
11 | the proposed expenditures.
| ||||||
12 | Before any such grant may be made the county, municipality, | ||||||
13 | not-for-profit
organization, local
promotion group, or | ||||||
14 | for-profit business must make application to the
Department for | ||||||
15 | such grant, setting forth the studies, surveys and
| ||||||
16 | investigations proposed to be made and other activities
| ||||||
17 | proposed to be undertaken. The application shall further state, | ||||||
18 | under oath
or affirmation, with evidence thereof satisfactory | ||||||
19 | to the Department, the
amount of funds held by, committed to or | ||||||
20 | subscribed to, and proposed to be
expended by, the applicant | ||||||
21 | for the purposes herein described and the amount
of the grant | ||||||
22 | for which application is made.
| ||||||
23 | (Source: P.A. 92-38, eff. 6-28-01.)
| ||||||
24 | (20 ILCS 665/8) (from Ch. 127, par. 200-28)
| ||||||
25 | Sec. 8. Allocation of appropriations.
|
| |||||||
| |||||||
1 | (1) Amounts transferred under subsection (1) of Section 4a | ||||||
2 | that are
appropriated from the Tourism Promotion Fund to the
| ||||||
3 | Department for the purpose of making grants under Sections 5 | ||||||
4 | and 6 of this Act
shall be allocated by the Department as | ||||||
5 | follows:
| ||||||
6 | (a) 62.5% to local promotion groups, municipalities, | ||||||
7 | and counties not
wholly or partially within any county of | ||||||
8 | more than 1 million population;
| ||||||
9 | (b) 37.5% to local promotion groups, municipalities, | ||||||
10 | and counties wholly
or partially within any county of more | ||||||
11 | than 1 million population.
| ||||||
12 | However, if sufficient local funds cannot be raised to | ||||||
13 | match the
allocation made under either paragraph (a) or (b) of | ||||||
14 | this subsection, such
appropriations may be reallocated, in | ||||||
15 | whole or in part, to any applicant or
applicants able to | ||||||
16 | qualify for a grant or may be used by the Department to
promote | ||||||
17 | the tourist attractions of the State of Illinois as a whole.
| ||||||
18 | (2) Amounts transferred under subsection (1) of Section 4a
| ||||||
19 | that are
appropriated from the Tourism Promotion Fund to the | ||||||
20 | Department for the purpose
of making grants under Sections 5 | ||||||
21 | and 6 of this Act to match funds from the
private sector may be | ||||||
22 | used by the
Department in any county of this State.
| ||||||
23 | (Source: P.A. 90-26, eff. 7-1-97.)
| ||||||
24 | (30 ILCS 105/5.162 rep.)
| ||||||
25 | (30 ILCS 105/5.523 rep.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.810 rep.) | ||||||
2 | Section 15-15. The State Finance Act is amended by | ||||||
3 | repealing Sections 5.162, 5.523, and 5.810.
| ||||||
4 | Section 15-20. The Hotel Operators' Occupation Tax Act is | ||||||
5 | amended by changing Section 6 as follows:
| ||||||
6 | (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
| ||||||
7 | Sec. 6. Filing of returns and distribution of proceeds. | ||||||
8 | (a) Except as provided hereinafter in this Section, on or | ||||||
9 | before
the last day of each calendar month, every person | ||||||
10 | engaged in the
business of renting, leasing or letting rooms in | ||||||
11 | a hotel in this State
during the preceding calendar month shall | ||||||
12 | file a return with the
Department, stating:
| ||||||
13 | 1. The name of the operator;
| ||||||
14 | 2. His residence address and the address of his | ||||||
15 | principal place of
business and the address of the | ||||||
16 | principal place of business (if that is
a different | ||||||
17 | address) from which he engages in the business of renting,
| ||||||
18 | leasing or letting rooms in a hotel in this State;
| ||||||
19 | 3. Total amount of rental receipts received by him | ||||||
20 | during the
preceding calendar month from renting, leasing | ||||||
21 | or letting rooms during
such preceding calendar month;
| ||||||
22 | 4. Total amount of rental receipts received by him | ||||||
23 | during the
preceding calendar month from renting, leasing | ||||||
24 | or letting rooms to
permanent residents during such |
| |||||||
| |||||||
1 | preceding calendar month;
| ||||||
2 | 5. Total amount of other exclusions from gross rental | ||||||
3 | receipts
allowed by this Act;
| ||||||
4 | 6. Gross rental receipts which were received by him | ||||||
5 | during the
preceding calendar month and upon the basis of | ||||||
6 | which the tax is imposed;
| ||||||
7 | 7. The amount of tax due;
| ||||||
8 | 8. Such other reasonable information as the Department | ||||||
9 | may require.
| ||||||
10 | If the operator's average monthly tax liability to the | ||||||
11 | Department
does not exceed $200, the Department may authorize | ||||||
12 | his returns to be
filed on a quarter annual basis, with the | ||||||
13 | return for January, February
and March of a given year being | ||||||
14 | due by April 30 of such year; with the
return for April, May | ||||||
15 | and June of a given year being due by July 31 of
such year; with | ||||||
16 | the return for July, August and September of a given
year being | ||||||
17 | due by October 31 of such year, and with the return for
| ||||||
18 | October, November and December of a given year being due by | ||||||
19 | January 31
of the following year.
| ||||||
20 | If the operator's average monthly tax liability to the | ||||||
21 | Department
does not exceed $50, the Department may authorize | ||||||
22 | his returns to be
filed on an annual basis, with the return for | ||||||
23 | a given year being due by
January 31 of the following year.
| ||||||
24 | Such quarter annual and annual returns, as to form and | ||||||
25 | substance,
shall be subject to the same requirements as monthly | ||||||
26 | returns.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision in this Act concerning | ||||||
2 | the time
within which an operator may file his return, in the | ||||||
3 | case of any
operator who ceases to engage in a kind of business | ||||||
4 | which makes him
responsible for filing returns under this Act, | ||||||
5 | such operator shall file
a final return under this Act with the | ||||||
6 | Department not more than 1 month
after discontinuing such | ||||||
7 | business.
| ||||||
8 | Where the same person has more than 1 business registered | ||||||
9 | with the
Department under separate registrations under this | ||||||
10 | Act, such person
shall not file each return that is due as a | ||||||
11 | single return covering all
such registered businesses, but | ||||||
12 | shall file separate returns for each
such registered business.
| ||||||
13 | In his return, the operator shall determine the value of | ||||||
14 | any
consideration other than money received by him in | ||||||
15 | connection with the
renting, leasing or letting of rooms in the | ||||||
16 | course of his business and
he shall include such value in his | ||||||
17 | return. Such determination shall be
subject to review and | ||||||
18 | revision by the Department in the manner
hereinafter provided | ||||||
19 | for the correction of returns.
| ||||||
20 | Where the operator is a corporation, the return filed on | ||||||
21 | behalf of
such corporation shall be signed by the president, | ||||||
22 | vice-president,
secretary or treasurer or by the properly | ||||||
23 | accredited agent of such
corporation.
| ||||||
24 | The person filing the return herein provided for shall, at | ||||||
25 | the time of
filing such return, pay to the Department the | ||||||
26 | amount of tax herein imposed.
The operator filing the return |
| |||||||
| |||||||
1 | under this Section shall, at the time of
filing such return, | ||||||
2 | pay to the Department the amount of tax imposed by this
Act | ||||||
3 | less a discount of 2.1% or $25 per calendar year, whichever is | ||||||
4 | greater,
which is allowed to reimburse the operator for the | ||||||
5 | expenses incurred in
keeping records, preparing and filing | ||||||
6 | returns, remitting the tax and
supplying data to the Department | ||||||
7 | on request.
| ||||||
8 | (b) There shall be deposited in the Build Illinois Fund in | ||||||
9 | the State
Treasury for each State fiscal year 40% of the amount | ||||||
10 | of total
net proceeds from the tax imposed by subsection (a) of | ||||||
11 | Section 3.
Of the remaining 60%, $5,000,000 shall be deposited | ||||||
12 | in the Illinois
Sports Facilities Fund and credited to the | ||||||
13 | Subsidy Account each fiscal
year by making monthly deposits in | ||||||
14 | the amount of 1/8 of $5,000,000 plus
cumulative deficiencies in | ||||||
15 | such deposits for prior months, and an
additional $8,000,000 | ||||||
16 | shall be deposited in the Illinois Sports Facilities
Fund and | ||||||
17 | credited to the Advance Account each fiscal year by making | ||||||
18 | monthly
deposits in the amount of 1/8 of $8,000,000 plus any | ||||||
19 | cumulative deficiencies
in such deposits for prior months; | ||||||
20 | provided, that for fiscal years ending
after June 30, 2001, the | ||||||
21 | amount to be so deposited into the Illinois
Sports Facilities | ||||||
22 | Fund and credited to the Advance Account each fiscal year
shall | ||||||
23 | be increased from $8,000,000 to the then applicable Advance | ||||||
24 | Amount and
the required monthly deposits beginning with July | ||||||
25 | 2001 shall be in the amount
of 1/8 of the then applicable | ||||||
26 | Advance Amount plus any cumulative deficiencies
in those |
| |||||||
| |||||||
1 | deposits for prior months. (The deposits of the additional | ||||||
2 | $8,000,000
or the then applicable Advance Amount, as | ||||||
3 | applicable,
during each fiscal year shall be treated as | ||||||
4 | advances
of funds to the Illinois Sports Facilities Authority | ||||||
5 | for its corporate
purposes to the extent paid to the Authority | ||||||
6 | or its trustee and shall be
repaid into the General Revenue | ||||||
7 | Fund in the State Treasury by the State
Treasurer on behalf of | ||||||
8 | the Authority pursuant to Section 19 of the Illinois
Sports | ||||||
9 | Facilities Authority Act, as amended. If in any fiscal year the | ||||||
10 | full
amount of the then applicable Advance Amount
is not repaid | ||||||
11 | into the General Revenue Fund, then the deficiency shall be | ||||||
12 | paid
from the amount in the Local Government Distributive Fund | ||||||
13 | that would otherwise
be allocated to the City of Chicago under | ||||||
14 | the State Revenue Sharing Act.)
| ||||||
15 | For purposes of the foregoing paragraph, the term "Advance | ||||||
16 | Amount"
means, for fiscal year 2002, $22,179,000, and for | ||||||
17 | subsequent fiscal years
through fiscal year 2032, 105.615% of | ||||||
18 | the Advance Amount for the immediately
preceding fiscal year, | ||||||
19 | rounded up to the nearest $1,000.
| ||||||
20 | Of the remaining 60% of the amount of total net proceeds | ||||||
21 | prior to August 1, 2011 from the tax
imposed by subsection (a) | ||||||
22 | of Section 3 after all required deposits in the
Illinois Sports | ||||||
23 | Facilities Fund, the amount equal to 8% of the net revenue
| ||||||
24 | realized from this Act plus an amount equal to
8% of the net | ||||||
25 | revenue realized from any tax imposed under Section 4.05 of the
| ||||||
26 | Chicago World's Fair-1992 Authority Act during the preceding |
| |||||||
| |||||||
1 | month shall be
deposited in the Local Tourism Fund each month | ||||||
2 | for purposes authorized by
Section 605-705 of the Department of | ||||||
3 | Commerce and Economic Opportunity Law (20 ILCS 605/605-705). Of | ||||||
4 | the remaining 60% of the amount of total net proceeds beginning | ||||||
5 | on August 1, 2011 and ending on June 30, 2017 from the tax | ||||||
6 | imposed by subsection (a) of Section 3 after all required | ||||||
7 | deposits in the Illinois Sports Facilities Fund, an amount | ||||||
8 | equal to 8% of the net revenue realized from this Act plus an | ||||||
9 | amount equal to 8% of the net revenue realized from any tax | ||||||
10 | imposed under Section 4.05 of the Chicago World's Fair-1992 | ||||||
11 | Authority Act during the preceding month shall be deposited as | ||||||
12 | follows: 18% of such amount shall be deposited into the Chicago | ||||||
13 | Travel Industry Promotion Fund for the purposes described in | ||||||
14 | subsection (n) of Section 5 of the Metropolitan Pier and | ||||||
15 | Exposition Authority Act and the remaining 82% of such amount | ||||||
16 | shall be deposited into the Local Tourism Fund each month for | ||||||
17 | purposes authorized by Section 605-705 of the Department of | ||||||
18 | Commerce and Economic Opportunity Law. Of the remaining 60% of | ||||||
19 | the amount of total net proceeds beginning on July 1, 2017 from | ||||||
20 | the tax imposed by subsection (a) of Section 3 after all | ||||||
21 | required deposits in the Illinois Sports Facilities Fund, an | ||||||
22 | amount equal to 8% of the net revenue realized from this Act | ||||||
23 | during the preceding month shall be deposited as follows: 18% | ||||||
24 | of such amount shall be deposited into the Tourism Promotion | ||||||
25 | Fund for the purposes described in subsection (n) of Section 5 | ||||||
26 | of the Metropolitan Pier and Exposition Authority Act and the |
| |||||||
| |||||||
1 | remaining 82% of such amount shall be deposited into the | ||||||
2 | Tourism Promotion Fund each month for purposes authorized by | ||||||
3 | Section 605-705 of the Department of Commerce and Economic | ||||||
4 | Opportunity Law. Beginning on August 1, 1999 and ending on July | ||||||
5 | 31, 2011, an amount equal to 4.5% of the net revenue
realized | ||||||
6 | from the Hotel Operators' Occupation Tax Act during the | ||||||
7 | preceding
month shall be deposited into the International | ||||||
8 | Tourism Fund for the purposes
authorized in Section 605-707 of | ||||||
9 | the Department of Commerce
and Economic Opportunity Law. | ||||||
10 | Beginning on August 1, 2011 and ending on June 30, 2017 , an | ||||||
11 | amount equal to 4.5% of the net revenue realized from this Act | ||||||
12 | during the preceding month shall be deposited as follows: 55% | ||||||
13 | of such amount shall be deposited into the Chicago Travel | ||||||
14 | Industry Promotion Fund for the purposes described in | ||||||
15 | subsection (n) of Section 5 of the Metropolitan Pier and | ||||||
16 | Exposition Authority Act and the remaining 45% of such amount | ||||||
17 | deposited into the International Tourism Fund for the purposes | ||||||
18 | authorized in Section 605-707 of the Department of Commerce and | ||||||
19 | Economic Opportunity Law. Beginning on July 1, 2017, of the | ||||||
20 | remaining 60% of the amount of total net proceeds beginning on | ||||||
21 | July 1, 2016 from the tax imposed by subsection (a) of Section | ||||||
22 | 3 after all required deposits in the Illinois Sports Facilities | ||||||
23 | Fund, an amount equal to 4.5% of the net revenue realized from | ||||||
24 | this Act during the preceding month shall be deposited as | ||||||
25 | follows: 55% of such amount shall be deposited into the Tourism | ||||||
26 | Promotion Fund for the purposes described in subsection (n) of |
| |||||||
| |||||||
1 | Section 5 of the Metropolitan Pier and Exposition Authority Act | ||||||
2 | and the remaining 45% of such amount deposited into the Tourism | ||||||
3 | Promotion Fund for the purposes authorized in Section 605-707 | ||||||
4 | of the Department of Commerce and Economic Opportunity Law. | ||||||
5 | "Net
revenue realized for a month" means the revenue collected | ||||||
6 | by the State under
that Act during the previous month less the | ||||||
7 | amount paid out during that same
month as refunds to taxpayers | ||||||
8 | for overpayment of liability under that Act.
| ||||||
9 | (c) After making all these deposits, all other proceeds of | ||||||
10 | the tax imposed under
subsection (a) of Section 3 shall be | ||||||
11 | deposited in the Tourism Promotion General Revenue Fund in
the | ||||||
12 | State Treasury. All moneys received by the Department from the | ||||||
13 | additional
tax imposed under subsection (b) of Section 3 shall | ||||||
14 | be deposited into the Build
Illinois Fund in the State | ||||||
15 | Treasury.
| ||||||
16 | (d) The Department may, upon separate written notice to a | ||||||
17 | taxpayer, require
the taxpayer to prepare and file with the | ||||||
18 | Department on a form prescribed
by the Department within not | ||||||
19 | less than 60 days after receipt of the notice
an annual | ||||||
20 | information return for the tax year specified in the notice.
| ||||||
21 | Such annual return to the Department shall include a statement | ||||||
22 | of gross
receipts as shown by the operator's last State income | ||||||
23 | tax return. If the
total receipts of the business as reported | ||||||
24 | in the State income tax return
do not agree with the gross | ||||||
25 | receipts reported to the Department for the
same period, the | ||||||
26 | operator shall attach to his annual information return a
|
| |||||||
| |||||||
1 | schedule showing a reconciliation of the 2 amounts and the | ||||||
2 | reasons for the
difference. The operator's annual information | ||||||
3 | return to the Department
shall also disclose pay roll | ||||||
4 | information of the operator's business during
the year covered | ||||||
5 | by such return and any additional reasonable information
which | ||||||
6 | the Department deems would be helpful in determining the | ||||||
7 | accuracy of
the monthly, quarterly or annual tax returns by | ||||||
8 | such operator as
hereinbefore provided for in this Section.
| ||||||
9 | If the annual information return required by this Section | ||||||
10 | is not filed
when and as required the taxpayer shall be liable | ||||||
11 | for a penalty in an
amount determined in accordance with | ||||||
12 | Section 3-4 of the Uniform Penalty and
Interest Act until such | ||||||
13 | return is filed as required, the penalty to be
assessed and | ||||||
14 | collected in the same manner as any other penalty provided
for | ||||||
15 | in this Act.
| ||||||
16 | The chief executive officer, proprietor, owner or highest | ||||||
17 | ranking manager
shall sign the annual return to certify the | ||||||
18 | accuracy of the information
contained therein. Any person who | ||||||
19 | willfully signs the annual return containing
false or | ||||||
20 | inaccurate information shall be guilty of perjury and punished
| ||||||
21 | accordingly. The annual return form prescribed by the | ||||||
22 | Department shall
include a warning that the person signing the | ||||||
23 | return may be liable for perjury.
| ||||||
24 | The foregoing portion of this Section concerning the filing | ||||||
25 | of an annual
information return shall not apply to an operator | ||||||
26 | who is not required to
file an income tax return with the |
| |||||||
| |||||||
1 | United States Government.
| ||||||
2 | (Source: P.A. 97-617, eff. 10-26-11.)
| ||||||
3 | Section 15-25. The Metropolitan Pier and Exposition | ||||||
4 | Authority Act is amended by changing Section 5 as follows:
| ||||||
5 | (70 ILCS 210/5) (from Ch. 85, par. 1225) | ||||||
6 | Sec. 5. The Metropolitan Pier and Exposition Authority | ||||||
7 | shall also have the
following rights and powers: | ||||||
8 | (a) To accept from Chicago Park Fair, a corporation, an | ||||||
9 | assignment of
whatever sums of money it may have received | ||||||
10 | from the Fair and Exposition
Fund, allocated by the | ||||||
11 | Department of Agriculture of the State of Illinois,
and | ||||||
12 | Chicago Park Fair is hereby authorized to assign, set over | ||||||
13 | and transfer
any of those funds to the Metropolitan Pier | ||||||
14 | and Exposition Authority. The
Authority has the right and | ||||||
15 | power hereafter to receive sums as may be
distributed to it | ||||||
16 | by the Department of Agriculture of the State of Illinois
| ||||||
17 | from the Fair and Exposition Fund pursuant to the | ||||||
18 | provisions of Sections 5,
6i, and 28 of the State Finance | ||||||
19 | Act. All sums received by the Authority
shall be held in | ||||||
20 | the sole custody of the secretary-treasurer of the
| ||||||
21 | Metropolitan Pier and Exposition Board. | ||||||
22 | (b) To accept the assignment of, assume and execute any | ||||||
23 | contracts
heretofore entered into by Chicago Park Fair. | ||||||
24 | (c) To acquire, own, construct, equip, lease, operate |
| |||||||
| |||||||
1 | and maintain
grounds, buildings and facilities to carry out | ||||||
2 | its corporate purposes and
duties, and to carry out or | ||||||
3 | otherwise provide for the recreational,
cultural, | ||||||
4 | commercial or residential development of Navy Pier, and to | ||||||
5 | fix
and collect just, reasonable and nondiscriminatory | ||||||
6 | charges for the use
thereof. The charges so collected shall | ||||||
7 | be made available to defray the
reasonable expenses of the | ||||||
8 | Authority and to pay the principal of and the
interest upon | ||||||
9 | any revenue bonds issued by the Authority. The Authority
| ||||||
10 | shall be subject to and comply with the Lake Michigan and | ||||||
11 | Chicago Lakefront
Protection Ordinance, the Chicago | ||||||
12 | Building Code, the Chicago Zoning
Ordinance, and all | ||||||
13 | ordinances and regulations of the City of Chicago
contained | ||||||
14 | in the following Titles of the Municipal Code of Chicago:
| ||||||
15 | Businesses, Occupations and Consumer Protection; Health | ||||||
16 | and Safety; Fire
Prevention; Public Peace, Morals and | ||||||
17 | Welfare; Utilities
and Environmental Protection; Streets, | ||||||
18 | Public Ways, Parks, Airports and
Harbors; Electrical | ||||||
19 | Equipment and Installation; Housing and Economic
| ||||||
20 | Development (only Chapter 5-4 thereof); and Revenue and | ||||||
21 | Finance (only so far
as such Title pertains to the | ||||||
22 | Authority's duty to collect taxes on behalf
of the City of | ||||||
23 | Chicago). | ||||||
24 | (d) To enter into contracts treating in any manner with | ||||||
25 | the objects and
purposes of this Act. | ||||||
26 | (e) To lease any buildings to the Adjutant General of |
| |||||||
| |||||||
1 | the State of
Illinois for the use of the Illinois National | ||||||
2 | Guard or the Illinois
Naval Militia. | ||||||
3 | (f) To exercise the right of eminent domain by | ||||||
4 | condemnation proceedings
in the manner provided by the | ||||||
5 | Eminent Domain Act,
including, with respect to Site B only, | ||||||
6 | the authority to exercise quick
take condemnation by | ||||||
7 | immediate vesting of title under Article 20 of the Eminent | ||||||
8 | Domain Act, to acquire any privately
owned real or personal | ||||||
9 | property and, with respect to Site B only, public
property | ||||||
10 | used for rail transportation purposes (but no such taking | ||||||
11 | of such
public property shall, in the reasonable judgment | ||||||
12 | of the owner, interfere
with such rail transportation) for | ||||||
13 | the lawful purposes of the Authority in
Site A, at Navy | ||||||
14 | Pier, and at Site B. Just compensation for property taken
| ||||||
15 | or acquired under this paragraph shall be paid in money or, | ||||||
16 | notwithstanding
any other provision of this Act and with | ||||||
17 | the agreement of the owner of the
property to be taken or | ||||||
18 | acquired, the Authority may convey substitute
property or | ||||||
19 | interests in property or enter into agreements with the
| ||||||
20 | property owner, including leases, licenses, or | ||||||
21 | concessions, with respect to
any property owned by the | ||||||
22 | Authority, or may provide for other lawful forms
of just | ||||||
23 | compensation to the owner. Any property acquired in | ||||||
24 | condemnation
proceedings shall be used only as provided in | ||||||
25 | this Act. Except as
otherwise provided by law, the City of | ||||||
26 | Chicago shall have a right of first
refusal prior to any |
| |||||||
| |||||||
1 | sale of any such property by the Authority to a third
party | ||||||
2 | other than substitute property. The Authority shall | ||||||
3 | develop and
implement a relocation plan for businesses | ||||||
4 | displaced as a result of the
Authority's acquisition of | ||||||
5 | property. The relocation plan shall be
substantially | ||||||
6 | similar to provisions of the Uniform Relocation Assistance
| ||||||
7 | and Real Property Acquisition Act and regulations | ||||||
8 | promulgated under that
Act relating to assistance to | ||||||
9 | displaced businesses. To implement the
relocation plan the | ||||||
10 | Authority may acquire property by purchase or gift or
may | ||||||
11 | exercise the powers authorized in this subsection (f), | ||||||
12 | except the
immediate vesting of title under Article 20 of | ||||||
13 | the Eminent Domain Act, to acquire substitute private | ||||||
14 | property within one mile
of Site B for the benefit of | ||||||
15 | displaced businesses located on property being
acquired by | ||||||
16 | the Authority. However, no such substitute property may be
| ||||||
17 | acquired by the Authority unless the mayor of the | ||||||
18 | municipality in which the
property is located certifies in | ||||||
19 | writing that the acquisition is consistent
with the | ||||||
20 | municipality's land use and economic development policies | ||||||
21 | and
goals. The acquisition of substitute property is | ||||||
22 | declared to be for public
use. In exercising the powers | ||||||
23 | authorized in this subsection (f), the
Authority shall use | ||||||
24 | its best efforts to relocate businesses within the area
of | ||||||
25 | McCormick Place or, failing that, within the City of | ||||||
26 | Chicago. |
| |||||||
| |||||||
1 | (g) To enter into contracts relating to construction | ||||||
2 | projects which
provide for the delivery by the contractor | ||||||
3 | of a completed project,
structure, improvement, or | ||||||
4 | specific portion thereof, for a fixed maximum
price, which | ||||||
5 | contract may provide that the delivery of the project,
| ||||||
6 | structure, improvement, or specific portion thereof, for | ||||||
7 | the fixed maximum
price is insured or guaranteed by a third | ||||||
8 | party capable of completing
the construction. | ||||||
9 | (h) To enter into agreements with any person with | ||||||
10 | respect to the use
and occupancy of the grounds, buildings, | ||||||
11 | and facilities of the Authority,
including concession, | ||||||
12 | license, and lease agreements on terms and conditions as
| ||||||
13 | the Authority determines. Notwithstanding Section 24, | ||||||
14 | agreements with respect
to the use and occupancy of the | ||||||
15 | grounds, buildings, and facilities of the
Authority for a | ||||||
16 | term of more than one year shall be entered into in | ||||||
17 | accordance
with the procurement process provided for in | ||||||
18 | Section 25.1. | ||||||
19 | (i) To enter into agreements with any person with | ||||||
20 | respect to the
operation and management of the grounds, | ||||||
21 | buildings, and facilities of the
Authority or the provision | ||||||
22 | of goods and services on terms and
conditions as the | ||||||
23 | Authority determines. | ||||||
24 | (j) After conducting the procurement process provided | ||||||
25 | for in Section 25.1,
to enter into one or more contracts to | ||||||
26 | provide for the design and
construction of all or part of |
| |||||||
| |||||||
1 | the Authority's Expansion Project grounds,
buildings, and | ||||||
2 | facilities. Any contract for design and construction of the
| ||||||
3 | Expansion Project shall be in the form authorized by | ||||||
4 | subsection (g), shall
be for a fixed maximum price not in | ||||||
5 | excess of the funds that are authorized
to be made | ||||||
6 | available
for those purposes during the term of the | ||||||
7 | contract, and shall be entered
into before commencement of | ||||||
8 | construction. | ||||||
9 | (k) To enter into agreements, including project | ||||||
10 | agreements with labor
unions, that the Authority deems | ||||||
11 | necessary to complete the Expansion Project
or any other | ||||||
12 | construction or improvement project in the most timely
and | ||||||
13 | efficient manner and without strikes, picketing, or other | ||||||
14 | actions that
might cause disruption or delay and thereby | ||||||
15 | add to the cost of the project. | ||||||
16 | (l) To provide incentives to organizations and | ||||||
17 | entities that agree to make use of the grounds, buildings, | ||||||
18 | and facilities of the Authority for conventions, meetings, | ||||||
19 | or trade shows. The incentives may take the form of | ||||||
20 | discounts from regular fees charged by the Authority, | ||||||
21 | subsidies for or assumption of the costs incurred with | ||||||
22 | respect to the convention, meeting, or trade show, or other | ||||||
23 | inducements. The Authority shall award incentives to | ||||||
24 | attract large conventions, meetings, and trade shows to its | ||||||
25 | facilities under the terms set forth in this subsection (l) | ||||||
26 | from amounts appropriated to the Authority from the |
| |||||||
| |||||||
1 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
2 | for this purpose. | ||||||
3 | No later than May 15 of each year, the Chief Executive | ||||||
4 | Officer of the Metropolitan Pier and Exposition Authority | ||||||
5 | shall certify to the State Comptroller and the State | ||||||
6 | Treasurer the amounts of incentive grant funds used during | ||||||
7 | the current fiscal year to provide incentives for | ||||||
8 | conventions, meetings, or trade shows that (i) have been | ||||||
9 | approved by the Authority, in consultation with an | ||||||
10 | organization meeting the qualifications set out in Section | ||||||
11 | 5.6 of this Act, provided the Authority has entered into a | ||||||
12 | marketing agreement with such an organization, (ii) | ||||||
13 | demonstrate registered attendance in excess of 5,000 | ||||||
14 | individuals or in excess of 10,000 individuals, as | ||||||
15 | appropriate, and (iii) but for the incentive, would not | ||||||
16 | have used the facilities of the Authority for the | ||||||
17 | convention, meeting, or trade show. The State Comptroller | ||||||
18 | may request that the Auditor General conduct an audit of | ||||||
19 | the accuracy of the certification. If the State Comptroller | ||||||
20 | determines by this process of certification that incentive | ||||||
21 | funds, in whole or in part, were disbursed by the Authority | ||||||
22 | by means other than in accordance with the standards of | ||||||
23 | this subsection (l), then any amount transferred to the | ||||||
24 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
25 | shall be reduced during the next subsequent transfer in | ||||||
26 | direct proportion to that amount determined to be in |
| |||||||
| |||||||
1 | violation of the terms set forth in this subsection (l). | ||||||
2 | On July 15, 2012, the Comptroller shall order | ||||||
3 | transferred, and the Treasurer shall transfer, into the | ||||||
4 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
5 | from the General Revenue Fund the sum of $7,500,000 plus an | ||||||
6 | amount equal to the incentive grant funds certified by the | ||||||
7 | Chief Executive Officer as having been lawfully paid under | ||||||
8 | the provisions of this Section in the previous 2 fiscal | ||||||
9 | years that have not otherwise been transferred into the | ||||||
10 | Metropolitan Pier and Exposition Authority Incentive Fund, | ||||||
11 | provided that transfers in excess of $15,000,000 shall not | ||||||
12 | be made in any fiscal year. | ||||||
13 | On July 15, 2013, the Comptroller shall order | ||||||
14 | transferred, and the Treasurer shall transfer, into the | ||||||
15 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
16 | from the General Revenue Fund the sum of $7,500,000 plus an | ||||||
17 | amount equal to the incentive grant funds certified by the | ||||||
18 | Chief Executive Officer as having been lawfully paid under | ||||||
19 | the provisions of this Section in the previous fiscal year | ||||||
20 | that have not otherwise been transferred into the | ||||||
21 | Metropolitan Pier and Exposition Authority Incentive Fund, | ||||||
22 | provided that transfers in excess of $15,000,000 shall not | ||||||
23 | be made in any fiscal year. | ||||||
24 | On July 15, 2014, and every year thereafter, the | ||||||
25 | Comptroller shall order transferred, and the Treasurer | ||||||
26 | shall transfer, into the Metropolitan Pier and Exposition |
| |||||||
| |||||||
1 | Authority Incentive Fund from the General Revenue Fund an | ||||||
2 | amount equal to the incentive grant funds certified by the | ||||||
3 | Chief Executive Officer as having been lawfully paid under | ||||||
4 | the provisions of this Section in the previous fiscal year | ||||||
5 | that have not otherwise been transferred into the | ||||||
6 | Metropolitan Pier and Exposition Authority Incentive Fund, | ||||||
7 | provided that transfers in excess of $15,000,000 shall not | ||||||
8 | be made in any fiscal year. | ||||||
9 | After a transfer has been made under this subsection | ||||||
10 | (l), the Chief Executive Officer shall file a request for | ||||||
11 | payment with the Comptroller evidencing that the incentive | ||||||
12 | grants have been made and the Comptroller shall thereafter | ||||||
13 | order paid, and the Treasurer shall pay, the requested | ||||||
14 | amounts to the Metropolitan Pier and Exposition Authority. | ||||||
15 | In no case shall more than $5,000,000 be used in any | ||||||
16 | one year by the Authority for incentives granted | ||||||
17 | conventions, meetings, or trade shows with a registered | ||||||
18 | attendance of more than 5,000 and less than 10,000. Amounts | ||||||
19 | in the Metropolitan Pier and Exposition Authority | ||||||
20 | Incentive Fund shall only be used by the Authority for | ||||||
21 | incentives paid to attract large conventions, meetings, | ||||||
22 | and trade shows to its facilities as provided in this | ||||||
23 | subsection (l). | ||||||
24 | (l-5) The Village of Rosemont shall provide incentives | ||||||
25 | from amounts transferred into the Convention Center | ||||||
26 | Support Fund to retain and attract conventions, meetings, |
| |||||||
| |||||||
1 | or trade shows to the Donald E. Stephens Convention Center | ||||||
2 | under the terms set forth in this subsection (l-5). | ||||||
3 | No later than May 15 of each year, the Mayor of the | ||||||
4 | Village of Rosemont or his or her designee shall certify to | ||||||
5 | the State Comptroller and the State Treasurer the amounts | ||||||
6 | of incentive grant funds used during the previous fiscal | ||||||
7 | year to provide incentives for conventions, meetings, or | ||||||
8 | trade shows that (1) have been approved by the Village, (2) | ||||||
9 | demonstrate registered attendance in excess of 5,000 | ||||||
10 | individuals, and (3) but for the incentive, would not have | ||||||
11 | used the Donald E. Stephens Convention Center facilities | ||||||
12 | for the convention, meeting, or trade show. The State | ||||||
13 | Comptroller may request that the Auditor General conduct an | ||||||
14 | audit of the accuracy of the certification. | ||||||
15 | If the State Comptroller determines by this process of | ||||||
16 | certification that incentive funds, in whole or in part, | ||||||
17 | were disbursed by the Village by means other than in | ||||||
18 | accordance with the standards of this subsection (l-5), | ||||||
19 | then the amount transferred to the Convention Center | ||||||
20 | Support Fund shall be reduced during the next subsequent | ||||||
21 | transfer in direct proportion to that amount determined to | ||||||
22 | be in violation of the terms set forth in this subsection | ||||||
23 | (l-5). | ||||||
24 | On July 15, 2012, and each year thereafter, the | ||||||
25 | Comptroller shall order transferred, and the Treasurer | ||||||
26 | shall transfer, into the Convention Center Support Fund |
| |||||||
| |||||||
1 | from the General Revenue Fund the amount of $5,000,000 for | ||||||
2 | (i) incentives to attract large conventions, meetings, and | ||||||
3 | trade shows to the Donald E. Stephens Convention Center, | ||||||
4 | and (ii) to be used by the Village of Rosemont for the | ||||||
5 | repair, maintenance, and improvement of the Donald E. | ||||||
6 | Stephens Convention Center and for debt service on debt | ||||||
7 | instruments issued for those purposes by the village. No | ||||||
8 | later than 30 days after the transfer, the Comptroller | ||||||
9 | shall order paid, and the Treasurer shall pay, to the | ||||||
10 | Village of Rosemont the amounts transferred. | ||||||
11 | (m) To enter into contracts with any person conveying | ||||||
12 | the naming rights or other intellectual property rights | ||||||
13 | with respect to the grounds, buildings, and facilities of | ||||||
14 | the Authority. | ||||||
15 | (n) To enter into grant agreements with the Chicago | ||||||
16 | Convention and Tourism Bureau providing for the marketing | ||||||
17 | of the convention facilities to large and small | ||||||
18 | conventions, meetings, and trade shows and the promotion of | ||||||
19 | the travel industry in the City of Chicago, provided such | ||||||
20 | agreements meet the requirements of Section 5.6 of this | ||||||
21 | Act. Receipts of the Authority from the increase in the | ||||||
22 | airport departure tax authorized by Public Act 96-898 | ||||||
23 | Section 13(f) of this amendatory Act of the 96th General | ||||||
24 | Assembly and, subject to appropriation to the Authority, | ||||||
25 | funds deposited in the Chicago Travel Industry Promotion | ||||||
26 | Fund pursuant to Section 6 of the Hotel Operators' |
| |||||||
| |||||||
1 | Occupation Tax Act shall be granted to the Bureau for such | ||||||
2 | purposes. | ||||||
3 | Nothing in this Act shall be construed to authorize the | ||||||
4 | Authority to spend
the proceeds of any bonds or notes issued | ||||||
5 | under Section 13.2 or any taxes
levied under Section 13 to | ||||||
6 | construct a stadium to be leased to or used by
professional | ||||||
7 | sports teams. | ||||||
8 | Notwithstanding any other provision of law, in addition to | ||||||
9 | any other transfers that may be provided by law, on July 1, | ||||||
10 | 2017, or as soon thereafter as practical, the State Comptroller | ||||||
11 | shall direct and the State Treasurer shall transfer the | ||||||
12 | remaining balance from the Chicago Travel Industry Promotion | ||||||
13 | Fund into the Tourism Promotion Fund. Upon completion of the | ||||||
14 | transfers, the Chicago Travel Industry Promotion Fund is | ||||||
15 | dissolved, and any future deposits due to that Fund and any | ||||||
16 | outstanding obligations or liabilities of that Fund pass to the | ||||||
17 | Tourism Promotion Fund. | ||||||
18 | (Source: P.A. 97-617, eff. 10-26-11; 98-109, eff. 7-25-13.)
| ||||||
19 | ARTICLE 20. | ||||||
20 | Section 20-5. The Department of Central Management | ||||||
21 | Services Law of the
Civil Administrative Code of Illinois is | ||||||
22 | amended by changing Sections 405-20, 405-250, and 405-410 as | ||||||
23 | follows:
|
| |||||||
| |||||||
1 | (20 ILCS 405/405-20) (was 20 ILCS 405/35.7)
| ||||||
2 | Sec. 405-20. Fiscal policy information to Governor; | ||||||
3 | information technology statistical research
planning. | ||||||
4 | (a) The Department
shall be responsible for providing the | ||||||
5 | Governor with timely,
comprehensive, and meaningful | ||||||
6 | information pertinent to the formulation
and execution of | ||||||
7 | fiscal policy. In performing this responsibility the
| ||||||
8 | Department shall have the power and duty to do the following:
| ||||||
9 | (1) Control the procurement, retention, installation,
| ||||||
10 | maintenance,
and operation, as specified by the Director, | ||||||
11 | of information technology electronic data
processing | ||||||
12 | equipment and software used by State agencies in such a | ||||||
13 | manner as to
achieve maximum economy and provide adequate | ||||||
14 | assistance in the
development of information suitable for | ||||||
15 | management analysis.
| ||||||
16 | (2) Establish principles and standards of information | ||||||
17 | technology statistical
reporting by
State agencies and | ||||||
18 | priorities for completion of research by those
agencies in | ||||||
19 | accordance with the requirements for management analysis | ||||||
20 | as
specified by the Director.
| ||||||
21 | (3) Establish, through the Director, charges for | ||||||
22 | information technology
statistical services
requested by | ||||||
23 | State agencies and rendered by the Department.
The | ||||||
24 | Department is likewise empowered through the Director
to | ||||||
25 | establish prices or charges for information technology | ||||||
26 | services rendered by the Department for all statistical |
| |||||||
| |||||||
1 | reports purchased by
agencies and individuals not | ||||||
2 | connected with State government.
| ||||||
3 | (4) Instruct all State agencies as the Director may | ||||||
4 | require to
report regularly to the Department, in the | ||||||
5 | manner the
Director may
prescribe, their usage of | ||||||
6 | information technology electronic information devices and | ||||||
7 | services ,
the cost
incurred, the information produced, and | ||||||
8 | the procedures followed in
obtaining the information. All | ||||||
9 | State agencies shall
request of the
Director any | ||||||
10 | information technology resources statistical
services | ||||||
11 | requiring the use of
electronic devices and shall conform | ||||||
12 | to the priorities assigned by the
Director in using those | ||||||
13 | electronic devices.
| ||||||
14 | (5) Examine the accounts , use of information | ||||||
15 | technology resources, and statistical data of any
| ||||||
16 | organization,
body, or agency receiving appropriations | ||||||
17 | from the General
Assembly.
| ||||||
18 | (6) Install and operate a modern information system | ||||||
19 | utilizing
equipment adequate to satisfy the requirements | ||||||
20 | for analysis and review
as specified by the Director. | ||||||
21 | Expenditures for information technology statistical | ||||||
22 | services
rendered shall be reimbursed by the recipients. | ||||||
23 | The reimbursement
shall
be determined by the Director as | ||||||
24 | amounts sufficient to
reimburse the Technology Management | ||||||
25 | Statistical Services Revolving Fund for expenditures
| ||||||
26 | incurred in rendering the services.
|
| |||||||
| |||||||
1 | (b) In addition to the other powers and duties listed in | ||||||
2 | this Section,
the Department shall analyze the present and | ||||||
3 | future aims, needs, and
requirements of information technology | ||||||
4 | statistical research and planning in order to provide
for the
| ||||||
5 | formulation of overall policy relative to the use of electronic | ||||||
6 | data
processing equipment and software by the State of | ||||||
7 | Illinois. In making this analysis,
the Department under the | ||||||
8 | Director shall formulate a master plan for the use of | ||||||
9 | information technology
statistical research , utilizing | ||||||
10 | electronic equipment , software and services most
| ||||||
11 | advantageously, and advising whether electronic data | ||||||
12 | processing
equipment and software should be leased or purchased | ||||||
13 | by the State. The Department under
the Director shall prepare | ||||||
14 | and submit interim reports of meaningful
developments and | ||||||
15 | proposals for legislation to the Governor on or before
January | ||||||
16 | 30 each year. The Department under the Director shall engage in | ||||||
17 | a
continuing analysis and evaluation of the master plan so | ||||||
18 | developed, and
it shall be the responsibility of the Department | ||||||
19 | to recommend from time to
time any needed amendments and | ||||||
20 | modifications of any master plan enacted
by the General | ||||||
21 | Assembly.
| ||||||
22 | (c) For the purposes of this Section, Section 405-245, and
| ||||||
23 | paragraph (4) of Section 405-10 only, "State
agencies" means | ||||||
24 | all
departments, boards, commissions, and agencies of the State | ||||||
25 | of Illinois
subject to the Governor.
| ||||||
26 | (Source: P.A. 94-91, eff. 7-1-05.)
|
| |||||||
| |||||||
1 | (20 ILCS 405/405-250) (was 20 ILCS 405/35.7a)
| ||||||
2 | Sec. 405-250. Information technology Statistical services ; | ||||||
3 | use of information technology electronic data processing
| ||||||
4 | equipment and software . The Department may make information | ||||||
5 | technology resources statistical services and the
use of | ||||||
6 | information technology
electronic data processing equipment | ||||||
7 | and software , including necessary
telecommunications
lines and | ||||||
8 | equipment, available to local governments, elected State
| ||||||
9 | officials,
State educational institutions, and all other | ||||||
10 | governmental units of the
State
requesting them. The Director | ||||||
11 | is empowered to establish prices and charges
for the | ||||||
12 | information technology resources statistical services so | ||||||
13 | furnished and for the use of the information technology | ||||||
14 | electronic
data processing equipment and software and | ||||||
15 | necessary telecommunications lines and equipment.
The prices | ||||||
16 | and charges shall be sufficient to reimburse the cost
of | ||||||
17 | furnishing
the services and use of equipment , software, and | ||||||
18 | lines.
| ||||||
19 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
20 | (20 ILCS 405/405-410)
| ||||||
21 | Sec. 405-410. Transfer of Information Technology | ||||||
22 | functions.
| ||||||
23 | (a) Notwithstanding any other law to the contrary, the | ||||||
24 | Director of Central Management Services, working in |
| |||||||
| |||||||
1 | cooperation with
the Director of any other agency, department, | ||||||
2 | board, or commission directly
responsible to the Governor, may | ||||||
3 | direct the transfer, to the Department of
Central Management | ||||||
4 | Services, of those information technology functions at that
| ||||||
5 | agency, department, board, or commission that are suitable for | ||||||
6 | centralization.
| ||||||
7 | Upon receipt of the written direction to transfer | ||||||
8 | information technology
functions to the Department of Central | ||||||
9 | Management Services, the personnel,
equipment, and property | ||||||
10 | (both real and personal) directly relating to the
transferred | ||||||
11 | functions shall be transferred to the Department of Central
| ||||||
12 | Management Services, and the relevant documents, records, and | ||||||
13 | correspondence
shall be transferred or copied, as the Director | ||||||
14 | may prescribe.
| ||||||
15 | (b) Upon receiving written direction from the Director of | ||||||
16 | Central
Management Services, the Comptroller and Treasurer are | ||||||
17 | authorized
to transfer the unexpended balance of any | ||||||
18 | appropriations related to the
information technology functions | ||||||
19 | transferred to the Department of Central
Management Services | ||||||
20 | and shall make the necessary fund transfers from any
special | ||||||
21 | fund in the State Treasury or from any other federal or State | ||||||
22 | trust
fund held by the Treasurer to the General Revenue Fund or | ||||||
23 | , the Technology Management Statistical Services Revolving | ||||||
24 | Fund , or the Communications Revolving Fund , as designated by | ||||||
25 | the Director of Central Management Services, for
use by the | ||||||
26 | Department of Central Management Services in support of |
| |||||||
| |||||||
1 | information
technology functions or any other related costs or | ||||||
2 | expenses of the Department
of Central Management Services.
| ||||||
3 | (c) The rights of employees and the State and its agencies | ||||||
4 | under the
Personnel Code and applicable collective bargaining | ||||||
5 | agreements or under any
pension, retirement, or annuity plan | ||||||
6 | shall not be affected by any transfer
under this Section.
| ||||||
7 | (d) The functions transferred to the Department of Central | ||||||
8 | Management
Services by this Section shall be vested in and | ||||||
9 | shall be exercised by the
Department of Central Management | ||||||
10 | Services. Each act done in the exercise of
those functions | ||||||
11 | shall have the same legal effect as if done by the agencies,
| ||||||
12 | offices, divisions, departments, bureaus, boards and | ||||||
13 | commissions from which
they were transferred.
| ||||||
14 | Every person or other entity shall be subject to the same | ||||||
15 | obligations and
duties and any penalties, civil or criminal, | ||||||
16 | arising therefrom, and shall have
the same rights arising from | ||||||
17 | the exercise of such rights, powers, and duties as
had been | ||||||
18 | exercised by the agencies, offices, divisions, departments, | ||||||
19 | bureaus,
boards, and commissions from which they were | ||||||
20 | transferred.
| ||||||
21 | Whenever reports or notices are now required to be made or | ||||||
22 | given or papers
or documents furnished or served by any person | ||||||
23 | in regards to the functions
transferred to or upon the | ||||||
24 | agencies, offices, divisions, departments, bureaus,
boards, | ||||||
25 | and commissions from which the functions were transferred, the | ||||||
26 | same
shall be made, given, furnished or served in the same |
| |||||||
| |||||||
1 | manner to or upon the
Department of Central Management | ||||||
2 | Services.
| ||||||
3 | This Section does not affect any act done, ratified, or | ||||||
4 | cancelled or any
right occurring or established or any action | ||||||
5 | or proceeding had or commenced
in an administrative, civil, or | ||||||
6 | criminal cause regarding the functions
transferred, but those | ||||||
7 | proceedings may be continued by the Department of
Central | ||||||
8 | Management Services.
| ||||||
9 | This Section does not affect the legality of any rules in | ||||||
10 | the Illinois
Administrative Code regarding the functions | ||||||
11 | transferred in this Section that
are in force on the effective | ||||||
12 | date of this Section. If necessary, however,
the affected | ||||||
13 | agencies shall propose, adopt, or repeal rules, rule | ||||||
14 | amendments,
and rule recodifications as appropriate to | ||||||
15 | effectuate this Section.
| ||||||
16 | (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; | ||||||
17 | 93-1067, eff. 1-15-05.)
| ||||||
18 | Section 20-10. The State Finance Act is amended by changing | ||||||
19 | Sections 5.12, 5.55, 6p-1, 6p-2, 6z-34, and 8.16a as follows:
| ||||||
20 | (30 ILCS 105/5.12) (from Ch. 127, par. 141.12)
| ||||||
21 | Sec. 5.12. The Communications Revolving Fund. This Section | ||||||
22 | is repealed on December 31, 2017. | ||||||
23 | (Source: Laws 1919, p. 946.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.55) (from Ch. 127, par. 141.55)
| ||||||
2 | Sec. 5.55. The Technology Management Statistical Services | ||||||
3 | Revolving Fund. | ||||||
4 | (Source: Laws 1919, p. 946.)
| ||||||
5 | (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)
| ||||||
6 | Sec. 6p-1.
The Technology Management Revolving Fund | ||||||
7 | (formerly known as the Statistical Services Revolving Fund ) | ||||||
8 | shall be initially
financed by a transfer of funds from the | ||||||
9 | General Revenue Fund. Thereafter,
all fees and other monies | ||||||
10 | received by the Department of Central Management
Services in | ||||||
11 | payment for statistical services rendered pursuant to Section
| ||||||
12 | 405-20 of the Department of Central Management Services Law (20
| ||||||
13 | ILCS 405/405-20) shall be paid
into
the Technology Management
| ||||||
14 | Statistical Services Revolving Fund. On and after July 1, 2017, | ||||||
15 | or after sufficient moneys have been received in the | ||||||
16 | Communications Revolving Fund to pay all Fiscal Year 2017 | ||||||
17 | obligations payable from the Fund, whichever is later, all fees | ||||||
18 | and other moneys received by the Department of Central | ||||||
19 | Management Services in payment for communications services | ||||||
20 | rendered pursuant to the Department of Central Management | ||||||
21 | Services Law of the Civil Administrative Code of Illinois or | ||||||
22 | sale of surplus State communications equipment shall be paid | ||||||
23 | into the Technology Management Revolving Fund. The money in | ||||||
24 | this fund shall be used
by the Department of Central Management | ||||||
25 | Services as reimbursement for
expenditures incurred in |
| |||||||
| |||||||
1 | rendering statistical services and, beginning July 1, 2017, as | ||||||
2 | reimbursement for expenditures incurred in relation to | ||||||
3 | communications services .
| ||||||
4 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
5 | (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)
| ||||||
6 | Sec. 6p-2.
The Communications Revolving Fund shall be | ||||||
7 | initially financed
by a transfer of funds from the General | ||||||
8 | Revenue Fund. Thereafter, through June 30, 2017, all fees
and | ||||||
9 | other monies received by the Department of Central Management | ||||||
10 | Services in
payment for communications services rendered | ||||||
11 | pursuant to the Department of
Central Management Services Law | ||||||
12 | or sale of surplus State communications
equipment shall be paid | ||||||
13 | into the Communications Revolving Fund. Except as
otherwise | ||||||
14 | provided in this Section, the money in this fund shall be used | ||||||
15 | by the
Department of Central Management Services as | ||||||
16 | reimbursement for expenditures
incurred in relation to | ||||||
17 | communications services.
| ||||||
18 | On the effective date of this
amendatory Act of the 93rd | ||||||
19 | General Assembly, or as soon as practicable
thereafter, the | ||||||
20 | State Comptroller shall order transferred and the State
| ||||||
21 | Treasurer shall transfer $3,000,000 from the Communications | ||||||
22 | Revolving Fund to
the Emergency Public Health Fund to be used | ||||||
23 | for the purposes specified in
Section 55.6a of the | ||||||
24 | Environmental Protection Act.
| ||||||
25 | In addition to any other transfers that may be provided for |
| |||||||
| |||||||
1 | by law, on July 1, 2011, or as soon thereafter as practical, | ||||||
2 | the State Comptroller shall direct and the State Treasurer | ||||||
3 | shall transfer the sum of $5,000,000 from the General Revenue | ||||||
4 | Fund to the Communications Revolving Fund. | ||||||
5 | Notwithstanding any other provision of law, in addition to | ||||||
6 | any other transfers that may be provided by law, on July 1, | ||||||
7 | 2017, or after sufficient moneys have been received in the | ||||||
8 | Communications Revolving Fund to pay all Fiscal Year 2017 | ||||||
9 | obligations payable from the Fund, whichever is later, the | ||||||
10 | State Comptroller shall direct and the State Treasurer shall | ||||||
11 | transfer the remaining balance from the Communications | ||||||
12 | Revolving Fund into the Technology Management Revolving Fund. | ||||||
13 | Upon completion of the transfer, any future deposits due to | ||||||
14 | that Fund and any outstanding obligations or liabilities of | ||||||
15 | that Fund pass to the Technology Management Revolving Fund. | ||||||
16 | (Source: P.A. 97-641, eff. 12-19-11.)
| ||||||
17 | (30 ILCS 105/6z-34)
| ||||||
18 | Sec. 6z-34. Secretary of State Special Services Fund. There
| ||||||
19 | is created in the State Treasury a special fund to be known as | ||||||
20 | the Secretary of
State Special Services Fund. Moneys deposited | ||||||
21 | into the Fund may, subject to
appropriation, be used by the | ||||||
22 | Secretary of State for any or all of the
following purposes:
| ||||||
23 | (1) For general automation efforts within operations | ||||||
24 | of the Office of
Secretary of State.
| ||||||
25 | (2) For technology applications in any form that will |
| |||||||
| |||||||
1 | enhance the
operational capabilities of the Office of | ||||||
2 | Secretary of State.
| ||||||
3 | (3) To provide funds for any type of library grants | ||||||
4 | authorized and
administered by the Secretary of State as | ||||||
5 | State Librarian.
| ||||||
6 | These funds are in addition to any other funds otherwise | ||||||
7 | authorized to the
Office of Secretary of State for like or | ||||||
8 | similar purposes.
| ||||||
9 | On August 15, 1997, all fiscal year 1997 receipts that | ||||||
10 | exceed the
amount of $15,000,000 shall be transferred from this | ||||||
11 | Fund to the Technology Management Revolving Fund (formerly | ||||||
12 | known as the Statistical
Services Revolving Fund ) ; on August | ||||||
13 | 15, 1998 and each year thereafter
through 2000, all
receipts | ||||||
14 | from the fiscal year ending on the previous June 30th that | ||||||
15 | exceed the
amount of $17,000,000 shall be transferred from this | ||||||
16 | Fund to the Technology Management Revolving Fund (formerly | ||||||
17 | known as the Statistical
Services Revolving Fund ) ; on August | ||||||
18 | 15, 2001 and each year thereafter
through 2002, all
receipts | ||||||
19 | from the fiscal year ending on the previous June 30th that | ||||||
20 | exceed the
amount of $19,000,000 shall be transferred from this | ||||||
21 | Fund to the Technology Management Revolving Fund (formerly | ||||||
22 | known as the Statistical
Services Revolving Fund ) ; and on | ||||||
23 | August 15, 2003 and each year thereafter, all
receipts from the | ||||||
24 | fiscal year ending on the previous June 30th that exceed the
| ||||||
25 | amount of $33,000,000 shall be transferred from this Fund to | ||||||
26 | the Technology Management Revolving Fund (formerly known as the |
| |||||||
| |||||||
1 | Statistical
Services Revolving Fund ) .
| ||||||
2 | (Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)
| ||||||
3 | (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)
| ||||||
4 | Sec. 8.16a.
Appropriations for the procurement, | ||||||
5 | installation,
retention, maintenance and operation of | ||||||
6 | electronic data processing and
information technology devices | ||||||
7 | and software used by state agencies subject to Section 405-20 | ||||||
8 | of
the Department of Central Management Services Law (20 ILCS | ||||||
9 | 405/405-20), the purchase of necessary
supplies and equipment | ||||||
10 | and accessories thereto, and all other expenses
incident to the | ||||||
11 | operation and maintenance of those electronic data
processing | ||||||
12 | and information technology devices and software are payable | ||||||
13 | from the Technology Management Statistical
Services Revolving | ||||||
14 | Fund. However, no contract shall be entered into or
obligation | ||||||
15 | incurred for any expenditure from the Technology Management | ||||||
16 | Statistical Services
Revolving Fund until after the purpose and | ||||||
17 | amount has been approved in
writing by the Director of Central | ||||||
18 | Management Services. Until there are
sufficient funds in the | ||||||
19 | Technology Management Revolving Fund (formerly known as the | ||||||
20 | Statistical Services Revolving Fund ) to carry out
the purposes | ||||||
21 | of this amendatory Act of 1965, however, the State agencies
| ||||||
22 | subject to that Section 405-20
shall, on written approval of | ||||||
23 | the Director of Central Management
Services, pay the cost of | ||||||
24 | operating and maintaining electronic data processing
systems | ||||||
25 | from current appropriations as classified and standardized in |
| |||||||
| |||||||
1 | this Act
"An Act in relation to State finance", approved June | ||||||
2 | 10, 1919, as amended .
| ||||||
3 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
4 | Section 20-15. The Illinois Pension Code is amended by | ||||||
5 | changing Section 1A-112 as follows:
| ||||||
6 | (40 ILCS 5/1A-112)
| ||||||
7 | Sec. 1A-112. Fees.
| ||||||
8 | (a) Every pension fund that is required to file an annual | ||||||
9 | statement under
Section 1A-109 shall pay to the Department an | ||||||
10 | annual compliance fee. In the
case of a pension fund under | ||||||
11 | Article 3 or 4 of this Code, the annual compliance
fee shall be | ||||||
12 | 0.02% (2 basis points) of the total
assets of the pension
fund, | ||||||
13 | as reported in the most current annual statement of the fund, | ||||||
14 | but not
more than $8,000. In the case of all other pension | ||||||
15 | funds and
retirement
systems, the annual compliance fee shall | ||||||
16 | be $8,000.
| ||||||
17 | (b) The annual compliance fee shall be due on June 30 for | ||||||
18 | the following
State fiscal year, except that the fee payable in | ||||||
19 | 1997 for fiscal year 1998
shall be due no earlier than 30 days | ||||||
20 | following the effective date of this
amendatory Act of 1997.
| ||||||
21 | (c) Any information obtained by the Division that is | ||||||
22 | available to the public
under the Freedom of Information Act | ||||||
23 | and is either compiled in published form
or maintained on a | ||||||
24 | computer processible medium shall be furnished upon the
written |
| |||||||
| |||||||
1 | request of any applicant and the payment of a reasonable | ||||||
2 | information
services fee established by the Director, | ||||||
3 | sufficient to cover the total cost to
the Division of | ||||||
4 | compiling, processing, maintaining, and generating the
| ||||||
5 | information. The information may be furnished by means of | ||||||
6 | published copy or on
a computer processed or computer | ||||||
7 | processible medium.
| ||||||
8 | No fee may be charged to any person for information that | ||||||
9 | the Division is
required by law to furnish to that person.
| ||||||
10 | (d) Except as otherwise provided in this Section, all fees | ||||||
11 | and penalties
collected by the Department under this Code shall | ||||||
12 | be deposited into the Public
Pension Regulation Fund.
| ||||||
13 | (e) Fees collected under subsection (c) of this Section and | ||||||
14 | money collected
under Section 1A-107 shall be deposited into | ||||||
15 | the Technology Management Department's Statistical
Services | ||||||
16 | Revolving Fund and credited to the account of the Department's | ||||||
17 | Public Pension
Division. This income shall be used exclusively | ||||||
18 | for the
purposes set forth in Section 1A-107. Notwithstanding | ||||||
19 | the provisions of
Section 408.2 of the Illinois Insurance Code, | ||||||
20 | no surplus funds remaining in
this account shall be deposited | ||||||
21 | in the Insurance Financial Regulation Fund.
All money in this | ||||||
22 | account that the Director certifies is not needed for the
| ||||||
23 | purposes set forth in Section 1A-107 of this Code shall be | ||||||
24 | transferred to the
Public Pension Regulation Fund.
| ||||||
25 | (f) Nothing in this Code prohibits the General Assembly | ||||||
26 | from appropriating
funds from the General Revenue Fund to the |
| |||||||
| |||||||
1 | Department for the purpose of
administering or enforcing this | ||||||
2 | Code.
| ||||||
3 | (Source: P.A. 93-32, eff. 7-1-03.)
| ||||||
4 | Section 20-20. The Illinois Insurance Code is amended by | ||||||
5 | changing Sections 408, 408.2, 1202, and 1206 as follows:
| ||||||
6 | (215 ILCS 5/408) (from Ch. 73, par. 1020)
| ||||||
7 | Sec. 408. Fees and charges.
| ||||||
8 | (1) The Director shall charge, collect and
give proper | ||||||
9 | acquittances for the payment of the following fees and charges:
| ||||||
10 | (a) For filing all documents submitted for the | ||||||
11 | incorporation or
organization or certification of a | ||||||
12 | domestic company, except for a fraternal
benefit society, | ||||||
13 | $2,000.
| ||||||
14 | (b) For filing all documents submitted for the | ||||||
15 | incorporation or
organization of a fraternal benefit | ||||||
16 | society, $500.
| ||||||
17 | (c) For filing amendments to articles of incorporation | ||||||
18 | and amendments to
declaration of organization, except for a | ||||||
19 | fraternal benefit society, a
mutual benefit association, a | ||||||
20 | burial society or a farm mutual, $200.
| ||||||
21 | (d) For filing amendments to articles of incorporation | ||||||
22 | of a fraternal
benefit society, a mutual benefit | ||||||
23 | association or a burial society, $100.
| ||||||
24 | (e) For filing amendments to articles of incorporation |
| |||||||
| |||||||
1 | of a farm mutual,
$50.
| ||||||
2 | (f) For filing bylaws or amendments thereto, $50.
| ||||||
3 | (g) For filing agreement of merger or consolidation:
| ||||||
4 | (i) for a domestic company, except
for a fraternal | ||||||
5 | benefit society, a
mutual benefit association, a | ||||||
6 | burial society,
or a farm mutual, $2,000.
| ||||||
7 | (ii) for a foreign or
alien company, except for a | ||||||
8 | fraternal
benefit society, $600.
| ||||||
9 | (iii) for a fraternal benefit society,
a mutual | ||||||
10 | benefit association, a burial society,
or a farm | ||||||
11 | mutual, $200.
| ||||||
12 | (h) For filing agreements of reinsurance by a domestic | ||||||
13 | company, $200.
| ||||||
14 | (i) For filing all documents submitted by a foreign or | ||||||
15 | alien
company to be admitted to transact business or | ||||||
16 | accredited as a
reinsurer in this State, except for a
| ||||||
17 | fraternal benefit society, $5,000.
| ||||||
18 | (j) For filing all documents submitted by a foreign or | ||||||
19 | alien
fraternal benefit society to be admitted to transact | ||||||
20 | business
in this State, $500.
| ||||||
21 | (k) For filing declaration of withdrawal of a foreign | ||||||
22 | or
alien company, $50.
| ||||||
23 | (l) For filing annual statement by a domestic company, | ||||||
24 | except a fraternal benefit
society, a mutual benefit | ||||||
25 | association, a burial society, or
a farm mutual, $200.
| ||||||
26 | (m) For filing annual statement by a domestic fraternal |
| |||||||
| |||||||
1 | benefit
society, $100.
| ||||||
2 | (n) For filing annual statement by a farm mutual, a | ||||||
3 | mutual benefit
association, or a burial society, $50.
| ||||||
4 | (o) For issuing a certificate of authority or
renewal | ||||||
5 | thereof except to a foreign fraternal benefit society, | ||||||
6 | $400.
| ||||||
7 | (p) For issuing a certificate of authority or renewal | ||||||
8 | thereof to a foreign
fraternal benefit society, $200.
| ||||||
9 | (q) For issuing an amended certificate of authority, | ||||||
10 | $50.
| ||||||
11 | (r) For each certified copy of certificate of | ||||||
12 | authority, $20.
| ||||||
13 | (s) For each certificate of deposit, or valuation, or | ||||||
14 | compliance
or surety certificate, $20.
| ||||||
15 | (t) For copies of papers or records per page, $1.
| ||||||
16 | (u) For each certification to copies
of papers or | ||||||
17 | records, $10.
| ||||||
18 | (v) For multiple copies of documents or certificates | ||||||
19 | listed in
subparagraphs (r), (s), and (u) of paragraph (1) | ||||||
20 | of this Section, $10 for
the first copy of a certificate of | ||||||
21 | any type and $5 for each additional copy
of the same | ||||||
22 | certificate requested at the same time, unless, pursuant to
| ||||||
23 | paragraph (2) of this Section, the Director finds these | ||||||
24 | additional fees
excessive.
| ||||||
25 | (w) For issuing a permit to sell shares or increase | ||||||
26 | paid-up
capital:
|
| |||||||
| |||||||
1 | (i) in connection with a public stock offering, | ||||||
2 | $300;
| ||||||
3 | (ii) in any other case, $100.
| ||||||
4 | (x) For issuing any other certificate required or | ||||||
5 | permissible
under the law, $50.
| ||||||
6 | (y) For filing a plan of exchange of the stock of a | ||||||
7 | domestic
stock insurance company, a plan of | ||||||
8 | demutualization of a domestic
mutual company, or a plan of | ||||||
9 | reorganization under Article XII, $2,000.
| ||||||
10 | (z) For filing a statement of acquisition of a
domestic | ||||||
11 | company as defined in Section 131.4 of this Code, $2,000.
| ||||||
12 | (aa) For filing an agreement to purchase the business | ||||||
13 | of an
organization authorized under the Dental Service Plan | ||||||
14 | Act
or the Voluntary Health Services Plans Act or
of a | ||||||
15 | health maintenance
organization or a limited health | ||||||
16 | service organization, $2,000.
| ||||||
17 | (bb) For filing a statement of acquisition of a foreign | ||||||
18 | or alien
insurance company as defined in Section 131.12a of | ||||||
19 | this Code, $1,000.
| ||||||
20 | (cc) For filing a registration statement as required in | ||||||
21 | Sections 131.13
and 131.14, the notification as required by | ||||||
22 | Sections 131.16,
131.20a, or 141.4, or an
agreement or | ||||||
23 | transaction required by Sections 124.2(2), 141, 141a, or
| ||||||
24 | 141.1, $200.
| ||||||
25 | (dd) For filing an application for licensing of:
| ||||||
26 | (i) a religious or charitable risk pooling trust or |
| |||||||
| |||||||
1 | a workers'
compensation pool, $1,000;
| ||||||
2 | (ii) a workers' compensation service company, | ||||||
3 | $500;
| ||||||
4 | (iii) a self-insured automobile fleet, $200; or
| ||||||
5 | (iv) a renewal of or amendment of any license | ||||||
6 | issued pursuant to (i),
(ii), or (iii) above, $100.
| ||||||
7 | (ee) For filing articles of incorporation for a | ||||||
8 | syndicate to engage in
the business of insurance through | ||||||
9 | the Illinois Insurance Exchange, $2,000.
| ||||||
10 | (ff) For filing amended articles of incorporation for a | ||||||
11 | syndicate engaged
in the business of insurance through the | ||||||
12 | Illinois Insurance Exchange, $100.
| ||||||
13 | (gg) For filing articles of incorporation for a limited | ||||||
14 | syndicate to
join with other subscribers or limited | ||||||
15 | syndicates to do business through
the Illinois Insurance | ||||||
16 | Exchange, $1,000.
| ||||||
17 | (hh) For filing amended articles of incorporation for a | ||||||
18 | limited
syndicate to do business through the Illinois | ||||||
19 | Insurance Exchange, $100.
| ||||||
20 | (ii) For a permit to solicit subscriptions to a | ||||||
21 | syndicate
or limited syndicate, $100.
| ||||||
22 | (jj) For the filing of each form as required in Section | ||||||
23 | 143 of this
Code, $50 per form. The fee for advisory and | ||||||
24 | rating
organizations shall be $200 per form.
| ||||||
25 | (i) For the purposes of the form filing fee, | ||||||
26 | filings made on insert page
basis will be considered |
| |||||||
| |||||||
1 | one form at the time of its original submission.
| ||||||
2 | Changes made to a form subsequent to its approval shall | ||||||
3 | be considered a
new filing.
| ||||||
4 | (ii) Only one fee shall be charged for a form, | ||||||
5 | regardless of the number
of other forms or policies | ||||||
6 | with which it will be used.
| ||||||
7 | (iii) Fees charged for a policy filed as it will be | ||||||
8 | issued regardless of the number of forms comprising | ||||||
9 | that policy shall not exceed $1,500. For advisory or | ||||||
10 | rating organizations, fees charged for a policy filed | ||||||
11 | as it will be issued regardless of the number of forms | ||||||
12 | comprising that policy shall not exceed $2,500.
| ||||||
13 | (iv) The Director may by rule exempt forms from | ||||||
14 | such fees.
| ||||||
15 | (kk) For filing an application for licensing of a | ||||||
16 | reinsurance
intermediary, $500.
| ||||||
17 | (ll) For filing an application for renewal of a license | ||||||
18 | of a reinsurance
intermediary, $200.
| ||||||
19 | (2) When printed copies or numerous copies of the same | ||||||
20 | paper or records
are furnished or certified, the Director may | ||||||
21 | reduce such fees for copies
if he finds them excessive. He may, | ||||||
22 | when he considers it in the public
interest, furnish without | ||||||
23 | charge to state insurance departments and persons
other than | ||||||
24 | companies, copies or certified copies of reports of | ||||||
25 | examinations
and of other papers and records.
| ||||||
26 | (3) The expenses incurred in any performance
examination |
| |||||||
| |||||||
1 | authorized by law shall be paid by the company or person being
| ||||||
2 | examined. The charge shall be reasonably related to the cost of | ||||||
3 | the
examination including but not limited to compensation of | ||||||
4 | examiners,
electronic data processing costs, supervision and | ||||||
5 | preparation of an
examination report and lodging and travel | ||||||
6 | expenses.
All lodging and travel expenses shall be in accord
| ||||||
7 | with the applicable travel regulations as published by the | ||||||
8 | Department of
Central Management Services and approved by the | ||||||
9 | Governor's Travel Control
Board, except that out-of-state | ||||||
10 | lodging and travel expenses related to
examinations authorized | ||||||
11 | under Section 132 shall be in accordance with
travel rates | ||||||
12 | prescribed under paragraph 301-7.2 of the Federal Travel
| ||||||
13 | Regulations, 41 C.F.R. 301-7.2, for reimbursement of | ||||||
14 | subsistence expenses
incurred during official travel. All | ||||||
15 | lodging and travel expenses may be reimbursed directly upon | ||||||
16 | authorization of the
Director. With the exception of the
direct | ||||||
17 | reimbursements authorized by the
Director, all performance | ||||||
18 | examination charges collected by the
Department shall be paid
| ||||||
19 | to the Insurance Producer Administration Fund,
however, the | ||||||
20 | electronic data processing costs
incurred by the Department in | ||||||
21 | the performance of any examination shall be
billed directly to | ||||||
22 | the company being examined for payment to the Technology | ||||||
23 | Management
Statistical Services Revolving Fund.
| ||||||
24 | (4) At the time of any service of process on the Director
| ||||||
25 | as attorney for such service, the Director shall charge and | ||||||
26 | collect the
sum of $20, which may be recovered as taxable costs |
| |||||||
| |||||||
1 | by
the party to the suit or action causing such service to be | ||||||
2 | made if he prevails
in such suit or action.
| ||||||
3 | (5) (a) The costs incurred by the Department of Insurance
| ||||||
4 | in conducting any hearing authorized by law shall be assessed | ||||||
5 | against the
parties to the hearing in such proportion as the | ||||||
6 | Director of Insurance may
determine upon consideration of all | ||||||
7 | relevant circumstances including: (1)
the nature of the | ||||||
8 | hearing; (2) whether the hearing was instigated by, or
for the | ||||||
9 | benefit of a particular party or parties; (3) whether there is | ||||||
10 | a
successful party on the merits of the proceeding; and (4) the | ||||||
11 | relative levels
of participation by the parties.
| ||||||
12 | (b) For purposes of this subsection (5) costs incurred | ||||||
13 | shall
mean the hearing officer fees, court reporter fees, and | ||||||
14 | travel expenses
of Department of Insurance officers and | ||||||
15 | employees; provided however, that
costs incurred shall not | ||||||
16 | include hearing officer fees or court reporter
fees unless the | ||||||
17 | Department has retained the services of independent
| ||||||
18 | contractors or outside experts to perform such functions.
| ||||||
19 | (c) The Director shall make the assessment of costs | ||||||
20 | incurred as part of
the final order or decision arising out of | ||||||
21 | the proceeding; provided, however,
that such order or decision | ||||||
22 | shall include findings and conclusions in support
of the | ||||||
23 | assessment of costs. This subsection (5) shall not be construed | ||||||
24 | as
permitting the payment of travel expenses unless calculated | ||||||
25 | in accordance
with the applicable travel regulations of the | ||||||
26 | Department
of Central Management Services, as approved by the |
| |||||||
| |||||||
1 | Governor's Travel Control
Board. The Director as part of such | ||||||
2 | order or decision shall require all
assessments for hearing | ||||||
3 | officer fees and court reporter fees, if any, to
be paid | ||||||
4 | directly to the hearing officer or court reporter by the | ||||||
5 | party(s)
assessed for such costs. The assessments for travel | ||||||
6 | expenses of Department
officers and employees shall be | ||||||
7 | reimbursable to the
Director of Insurance for
deposit to the | ||||||
8 | fund out of which those expenses had been paid.
| ||||||
9 | (d) The provisions of this subsection (5) shall apply in | ||||||
10 | the case of any
hearing conducted by the Director of Insurance | ||||||
11 | not otherwise specifically
provided for by law.
| ||||||
12 | (6) The Director shall charge and collect an annual | ||||||
13 | financial
regulation fee from every domestic company for | ||||||
14 | examination and analysis of
its financial condition and to fund | ||||||
15 | the internal costs and expenses of the
Interstate Insurance | ||||||
16 | Receivership Commission as may be allocated to the State
of | ||||||
17 | Illinois and companies doing an insurance business in this | ||||||
18 | State pursuant to
Article X of the Interstate Insurance | ||||||
19 | Receivership Compact. The fee shall be
the greater fixed amount | ||||||
20 | based upon
the combination of nationwide direct premium income | ||||||
21 | and
nationwide reinsurance
assumed premium
income or upon | ||||||
22 | admitted assets calculated under this subsection as follows:
| ||||||
23 | (a) Combination of nationwide direct premium income | ||||||
24 | and
nationwide reinsurance assumed premium.
| ||||||
25 | (i) $150, if the premium is less than $500,000 and | ||||||
26 | there is
no
reinsurance assumed premium;
|
| |||||||
| |||||||
1 | (ii) $750, if the premium is $500,000 or more, but | ||||||
2 | less
than $5,000,000
and there is no reinsurance | ||||||
3 | assumed premium; or if the premium is less than
| ||||||
4 | $5,000,000 and the reinsurance assumed premium is less | ||||||
5 | than $10,000,000;
| ||||||
6 | (iii) $3,750, if the premium is less than | ||||||
7 | $5,000,000 and
the reinsurance
assumed premium is | ||||||
8 | $10,000,000 or more;
| ||||||
9 | (iv) $7,500, if the premium is $5,000,000 or more, | ||||||
10 | but
less than
$10,000,000;
| ||||||
11 | (v) $18,000, if the premium is $10,000,000 or more, | ||||||
12 | but
less than $25,000,000;
| ||||||
13 | (vi) $22,500, if the premium is $25,000,000 or | ||||||
14 | more, but
less
than $50,000,000;
| ||||||
15 | (vii) $30,000, if the premium is $50,000,000 or | ||||||
16 | more,
but less than $100,000,000;
| ||||||
17 | (viii) $37,500, if the premium is $100,000,000 or | ||||||
18 | more.
| ||||||
19 | (b) Admitted assets.
| ||||||
20 | (i) $150, if admitted assets are less than | ||||||
21 | $1,000,000;
| ||||||
22 | (ii) $750, if admitted assets are $1,000,000 or | ||||||
23 | more, but
less than
$5,000,000;
| ||||||
24 | (iii) $3,750, if admitted assets are $5,000,000 or | ||||||
25 | more,
but less than
$25,000,000;
| ||||||
26 | (iv) $7,500, if admitted assets are $25,000,000 or |
| |||||||
| |||||||
1 | more,
but less than
$50,000,000;
| ||||||
2 | (v) $18,000, if admitted assets are $50,000,000 or | ||||||
3 | more,
but less than
$100,000,000;
| ||||||
4 | (vi) $22,500, if admitted assets are $100,000,000 | ||||||
5 | or
more, but less
than $500,000,000;
| ||||||
6 | (vii) $30,000, if admitted assets are $500,000,000 | ||||||
7 | or
more, but less
than $1,000,000,000;
| ||||||
8 | (viii) $37,500, if admitted assets are | ||||||
9 | $1,000,000,000
or more.
| ||||||
10 | (c) The sum of financial regulation fees charged to the | ||||||
11 | domestic
companies of the same affiliated group shall not | ||||||
12 | exceed $250,000
in the aggregate in any single year and | ||||||
13 | shall be billed by the Director to
the member company | ||||||
14 | designated by the
group.
| ||||||
15 | (7) The Director shall charge and collect an annual | ||||||
16 | financial regulation
fee from every foreign or alien company, | ||||||
17 | except fraternal benefit
societies, for the
examination and | ||||||
18 | analysis of its financial condition and to fund the internal
| ||||||
19 | costs and expenses of the Interstate Insurance Receivership | ||||||
20 | Commission as may
be allocated to the State of Illinois and | ||||||
21 | companies doing an insurance business
in this State pursuant to | ||||||
22 | Article X of the Interstate Insurance Receivership
Compact.
The | ||||||
23 | fee shall be a fixed amount based upon Illinois direct premium | ||||||
24 | income
and nationwide reinsurance assumed premium income in | ||||||
25 | accordance with the
following schedule:
| ||||||
26 | (a) $150, if the premium is less than $500,000 and |
| |||||||
| |||||||
1 | there is
no
reinsurance assumed premium;
| ||||||
2 | (b) $750, if the premium is $500,000 or more, but less | ||||||
3 | than
$5,000,000
and there is no reinsurance assumed | ||||||
4 | premium;
or if the premium is less than $5,000,000 and the | ||||||
5 | reinsurance assumed
premium is less than $10,000,000;
| ||||||
6 | (c) $3,750, if the premium is less than $5,000,000 and | ||||||
7 | the
reinsurance
assumed premium is $10,000,000 or more;
| ||||||
8 | (d) $7,500, if the premium is $5,000,000 or more, but | ||||||
9 | less
than
$10,000,000;
| ||||||
10 | (e) $18,000, if the premium is $10,000,000 or more, but
| ||||||
11 | less than
$25,000,000;
| ||||||
12 | (f) $22,500, if the premium is $25,000,000 or more, but
| ||||||
13 | less than
$50,000,000;
| ||||||
14 | (g) $30,000, if the premium is $50,000,000 or more, but
| ||||||
15 | less than
$100,000,000;
| ||||||
16 | (h) $37,500, if the premium is $100,000,000 or more.
| ||||||
17 | The sum of financial regulation fees under this subsection | ||||||
18 | (7)
charged to the foreign or alien companies within the same | ||||||
19 | affiliated group
shall not exceed $250,000 in the aggregate in | ||||||
20 | any single year
and shall be
billed by the Director to the | ||||||
21 | member company designated by the group.
| ||||||
22 | (8) Beginning January 1, 1992, the financial regulation | ||||||
23 | fees imposed
under subsections (6) and (7)
of this Section | ||||||
24 | shall be paid by each company or domestic affiliated group
| ||||||
25 | annually. After January
1, 1994, the fee shall be billed by | ||||||
26 | Department invoice
based upon the company's
premium income or |
| |||||||
| |||||||
1 | admitted assets as shown in its annual statement for the
| ||||||
2 | preceding calendar year. The invoice is due upon
receipt and | ||||||
3 | must be paid no later than June 30 of each calendar year. All
| ||||||
4 | financial
regulation fees collected by the Department shall be | ||||||
5 | paid to the Insurance
Financial Regulation Fund. The Department | ||||||
6 | may not collect financial
examiner per diem charges from | ||||||
7 | companies subject to subsections (6) and (7)
of this Section | ||||||
8 | undergoing financial examination
after June 30, 1992.
| ||||||
9 | (9) In addition to the financial regulation fee required by | ||||||
10 | this
Section, a company undergoing any financial examination | ||||||
11 | authorized by law
shall pay the following costs and expenses | ||||||
12 | incurred by the Department:
electronic data processing costs, | ||||||
13 | the expenses authorized under Section 131.21
and
subsection (d) | ||||||
14 | of Section 132.4 of this Code, and lodging and travel expenses.
| ||||||
15 | Electronic data processing costs incurred by the | ||||||
16 | Department in the
performance of any examination shall be | ||||||
17 | billed directly to the company
undergoing examination for | ||||||
18 | payment to the Technology Management Statistical Services | ||||||
19 | Revolving
Fund. Except for direct reimbursements authorized by | ||||||
20 | the Director or
direct payments made under Section 131.21 or | ||||||
21 | subsection (d) of Section
132.4 of this Code, all financial | ||||||
22 | regulation fees and all financial
examination charges | ||||||
23 | collected by the Department shall be paid to the
Insurance | ||||||
24 | Financial Regulation Fund.
| ||||||
25 | All lodging and travel expenses shall be in accordance with | ||||||
26 | applicable
travel regulations published by the Department of |
| |||||||
| |||||||
1 | Central Management
Services and approved by the Governor's | ||||||
2 | Travel Control Board, except that
out-of-state lodging and | ||||||
3 | travel expenses related to examinations authorized
under | ||||||
4 | Sections 132.1 through 132.7 shall be in accordance
with travel | ||||||
5 | rates prescribed
under paragraph 301-7.2 of the Federal Travel | ||||||
6 | Regulations, 41 C.F.R. 301-7.2,
for reimbursement of | ||||||
7 | subsistence expenses incurred during official travel.
All | ||||||
8 | lodging and travel expenses may be
reimbursed directly upon the | ||||||
9 | authorization of the Director.
| ||||||
10 | In the case of an organization or person not subject to the | ||||||
11 | financial
regulation fee, the expenses incurred in any | ||||||
12 | financial examination authorized
by law shall be paid by the | ||||||
13 | organization or person being examined. The charge
shall be | ||||||
14 | reasonably related to the cost of the examination including, | ||||||
15 | but not
limited to, compensation of examiners and other costs | ||||||
16 | described in this
subsection.
| ||||||
17 | (10) Any company, person, or entity failing to make any | ||||||
18 | payment of $150
or more as required under this Section shall be | ||||||
19 | subject to the penalty and
interest provisions provided for in | ||||||
20 | subsections (4) and (7)
of Section 412.
| ||||||
21 | (11) Unless otherwise specified, all of the fees collected | ||||||
22 | under this
Section shall be paid into the Insurance Financial | ||||||
23 | Regulation Fund.
| ||||||
24 | (12) For purposes of this Section:
| ||||||
25 | (a) "Domestic company" means a company as defined in | ||||||
26 | Section 2 of this
Code which is incorporated or organized |
| |||||||
| |||||||
1 | under the laws of this State, and in
addition includes a | ||||||
2 | not-for-profit corporation authorized under the Dental
| ||||||
3 | Service Plan Act or the Voluntary Health
Services Plans | ||||||
4 | Act, a health maintenance organization, and a
limited
| ||||||
5 | health service organization.
| ||||||
6 | (b) "Foreign company" means a company as defined in | ||||||
7 | Section 2 of this
Code which is incorporated or organized | ||||||
8 | under the laws of any state of the
United States other than | ||||||
9 | this State and in addition includes a health
maintenance | ||||||
10 | organization and a limited health service organization | ||||||
11 | which is
incorporated or organized under the laws
of any | ||||||
12 | state of the United States other than this State.
| ||||||
13 | (c) "Alien company" means a company as defined in | ||||||
14 | Section 2 of this Code
which is incorporated or organized | ||||||
15 | under the laws of any country other than
the United States.
| ||||||
16 | (d) "Fraternal benefit society" means a corporation, | ||||||
17 | society, order,
lodge or voluntary association as defined | ||||||
18 | in Section 282.1 of this
Code.
| ||||||
19 | (e) "Mutual benefit association" means a company, | ||||||
20 | association or
corporation authorized by the Director to do | ||||||
21 | business in this State under
the provisions of Article | ||||||
22 | XVIII of this Code.
| ||||||
23 | (f) "Burial society" means a person, firm, | ||||||
24 | corporation, society or
association of individuals | ||||||
25 | authorized by the Director to do business in
this State | ||||||
26 | under the provisions of Article XIX of this Code.
|
| |||||||
| |||||||
1 | (g) "Farm mutual" means a district, county and township | ||||||
2 | mutual insurance
company authorized by the Director to do | ||||||
3 | business in this State under the
provisions of the Farm | ||||||
4 | Mutual Insurance Company Act of 1986.
| ||||||
5 | (Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11; | ||||||
6 | 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.)
| ||||||
7 | (215 ILCS 5/408.2) (from Ch. 73, par. 1020.2)
| ||||||
8 | Sec. 408.2. Statistical Services. Any public record, or any | ||||||
9 | data obtained
by the Department of Insurance, which is subject | ||||||
10 | to public inspection or
copying and which is maintained on a | ||||||
11 | computer processible medium, may be
furnished in a computer | ||||||
12 | processed or computer processible medium upon the
written | ||||||
13 | request of any applicant and the payment of a reasonable fee
| ||||||
14 | established by the Director sufficient to cover the total cost | ||||||
15 | of the
Department for processing, maintaining and generating | ||||||
16 | such computer
processible records or data, except to the extent | ||||||
17 | of any salaries or
compensation of Department officers or | ||||||
18 | employees.
| ||||||
19 | The Director of Insurance is specifically authorized to | ||||||
20 | contract with
members of the public at large, enter waiver | ||||||
21 | agreements, or otherwise enter
written agreements for the | ||||||
22 | purpose of assuring public access to the
Department's computer | ||||||
23 | processible records or data, or for the purpose of
restricting, | ||||||
24 | controlling or limiting such access where necessary to protect
| ||||||
25 | the confidentiality of individuals, companies or other |
| |||||||
| |||||||
1 | entities identified
by such documents.
| ||||||
2 | All fees collected by the Director under this Section 408.2 | ||||||
3 | shall be
deposited in the Technology Management Statistical | ||||||
4 | Services Revolving Fund and credited to the
account of the | ||||||
5 | Department of Insurance. Any surplus funds remaining in
such | ||||||
6 | account at the close of any fiscal year shall be delivered to | ||||||
7 | the
State Treasurer for deposit in the Insurance Financial | ||||||
8 | Regulation Fund.
| ||||||
9 | (Source: P.A. 84-989.)
| ||||||
10 | (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)
| ||||||
11 | Sec. 1202. Duties. The Director shall:
| ||||||
12 | (a) determine the relationship of insurance premiums | ||||||
13 | and related income
as compared to insurance costs and | ||||||
14 | expenses and provide such information to
the General | ||||||
15 | Assembly and the general public;
| ||||||
16 | (b) study the insurance system in the State of | ||||||
17 | Illinois, and recommend
to the General Assembly what it | ||||||
18 | deems to be the most appropriate and
comprehensive cost | ||||||
19 | containment system for the State;
| ||||||
20 | (c) respond to the requests by agencies of government | ||||||
21 | and the General
Assembly for special studies and analysis | ||||||
22 | of data collected pursuant to
this Article. Such reports | ||||||
23 | shall be made available in a form prescribed by
the | ||||||
24 | Director. The Director may also determine a fee to be | ||||||
25 | charged to the
requesting agency to cover the direct and |
| |||||||
| |||||||
1 | indirect costs for producing such
a report, and shall | ||||||
2 | permit affected insurers the right to review the
accuracy | ||||||
3 | of the report before it is released. The fees shall
be | ||||||
4 | deposited
into the Technology Management Statistical | ||||||
5 | Services Revolving Fund and credited to the account
of the | ||||||
6 | Department of Insurance;
| ||||||
7 | (d) make an interim report to the General Assembly no | ||||||
8 | later than August
15, 1987, and an annual report to the | ||||||
9 | General Assembly no later than July 1
every year thereafter | ||||||
10 | which shall include the Director's findings and
| ||||||
11 | recommendations regarding its duties as provided under | ||||||
12 | subsections (a),
(b), and (c) of this Section.
| ||||||
13 | (Source: P.A. 98-226, eff. 1-1-14; 99-642, eff. 7-28-16.)
| ||||||
14 | (215 ILCS 5/1206) (from Ch. 73, par. 1065.906)
| ||||||
15 | Sec. 1206. Expenses. The companies required to file reports | ||||||
16 | under this
Article shall pay a reasonable fee established by | ||||||
17 | the Director sufficient
to cover the total cost of the | ||||||
18 | Department incident to or associated
with the administration | ||||||
19 | and enforcement of this Article, including the
collection, | ||||||
20 | analysis and distribution of the insurance cost data, the
| ||||||
21 | conversion of hard copy reports to tape, and the compilation | ||||||
22 | and
analysis of basic reports.
The Director may establish a | ||||||
23 | schedule of fees for this purpose.
Expenses for additional | ||||||
24 | reports shall be billed
to those requesting the reports. Any | ||||||
25 | such fees collected under this Section
shall be paid to the |
| |||||||
| |||||||
1 | Director of Insurance and deposited into the Technology | ||||||
2 | Management
Statistical Services Revolving Fund and credited to | ||||||
3 | the account of the
Department of Insurance.
| ||||||
4 | (Source: P.A. 84-1431.)
| ||||||
5 | Section 20-25. The Workers' Compensation Act is amended by | ||||||
6 | changing Section 17 as follows:
| ||||||
7 | (820 ILCS 305/17) (from Ch. 48, par. 138.17)
| ||||||
8 | Sec. 17. The Commission shall cause to be printed and | ||||||
9 | furnish free of
charge upon request by any employer or employee | ||||||
10 | such blank forms as may
facilitate or promote efficient | ||||||
11 | administration and the performance of
the duties of the | ||||||
12 | Commission. It shall provide a proper record in which
shall be | ||||||
13 | entered and indexed the name of any employer who shall file a
| ||||||
14 | notice of declination or withdrawal under this Act, and the | ||||||
15 | date of the
filing thereof; and a proper record in which shall | ||||||
16 | be entered and
indexed the name of any employee who shall file | ||||||
17 | such notice of
declination or withdrawal, and the date of the | ||||||
18 | filing thereof; and such
other notices as may be required by | ||||||
19 | this Act; and records in which shall
be recorded all | ||||||
20 | proceedings, orders and awards had or made by the
Commission or | ||||||
21 | by the arbitration committees, and such other books or
records | ||||||
22 | as it shall deem
necessary, all such records to be kept in the
| ||||||
23 | office of the Commission.
| ||||||
24 | The Commission may destroy all papers and documents which |
| |||||||
| |||||||
1 | have been
on file for more than 5 years where there is no claim | ||||||
2 | for compensation
pending or where more than 2 years have | ||||||
3 | elapsed since the termination of
the compensation period.
| ||||||
4 | The Commission shall compile and distribute to interested | ||||||
5 | persons aggregate
statistics, taken from any records and | ||||||
6 | reports in the possession of the
Commission. The aggregate | ||||||
7 | statistics shall not give the names or otherwise
identify | ||||||
8 | persons sustaining injuries or disabilities or the employer of
| ||||||
9 | any injured person or person with a disability.
| ||||||
10 | The Commission is authorized to establish reasonable fees | ||||||
11 | and methods
of payment limited to covering only the costs to | ||||||
12 | the Commission for processing,
maintaining and generating | ||||||
13 | records or data necessary for the computerized
production of | ||||||
14 | documents, records and other materials except to the extent
of | ||||||
15 | any salaries or compensation of Commission officers or | ||||||
16 | employees.
| ||||||
17 | All fees collected by the Commission under this Section | ||||||
18 | shall be deposited
in the Technology Management Statistical | ||||||
19 | Services Revolving Fund and credited to the account of
the | ||||||
20 | Illinois Workers' Compensation Commission.
| ||||||
21 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
22 | Section 20-30. The Workers' Occupational Diseases Act is | ||||||
23 | amended by changing Section 17 as follows:
| ||||||
24 | (820 ILCS 310/17) (from Ch. 48, par. 172.52)
|
| |||||||
| |||||||
1 | Sec. 17. The Commission shall cause to be printed and shall | ||||||
2 | furnish
free of charge upon request by any employer or employee | ||||||
3 | such blank forms
as it shall deem requisite to facilitate or | ||||||
4 | promote the efficient
administration of this Act, and the | ||||||
5 | performance of the duties of the
Commission. It shall provide a | ||||||
6 | proper record in which shall be entered
and indexed the name of | ||||||
7 | any employer who shall file a notice of election
under this | ||||||
8 | Act, and the date of the filing thereof; and a proper record
in | ||||||
9 | which shall be entered and indexed the name of any employee who | ||||||
10 | shall
file a notice of election, and the date of the filing | ||||||
11 | thereof; and such
other notices as may be required by this Act; | ||||||
12 | and records in which shall
be recorded all proceedings, orders | ||||||
13 | and awards had or made by the
Commission, or by the arbitration | ||||||
14 | committees, and such other books or
records as it shall deem | ||||||
15 | necessary, all such records to be kept in the
office of the | ||||||
16 | Commission. The Commission, in its discretion, may destroy
all | ||||||
17 | papers and documents except notices of election and waivers | ||||||
18 | which
have been on file for more than five years where there is | ||||||
19 | no claim for
compensation pending, or where more than two years | ||||||
20 | have elapsed since
the termination of the compensation period.
| ||||||
21 | The Commission shall compile and distribute to interested | ||||||
22 | persons aggregate
statistics, taken from any records and | ||||||
23 | reports in the possession of the
Commission. The aggregate | ||||||
24 | statistics shall not give the names or otherwise
identify | ||||||
25 | persons sustaining injuries or disabilities or the employer of
| ||||||
26 | any injured person or person with a disability.
|
| |||||||
| |||||||
1 | The Commission is authorized to establish reasonable fees | ||||||
2 | and methods
of payment limited to covering only the costs to | ||||||
3 | the Commission for processing,
maintaining and generating | ||||||
4 | records or data necessary for the computerized
production of | ||||||
5 | documents, records and other materials except to the extent
of | ||||||
6 | any salaries or compensation of Commission officers or | ||||||
7 | employees.
| ||||||
8 | All fees collected by the Commission under this Section | ||||||
9 | shall be deposited
in the Technology Management Statistical | ||||||
10 | Services Revolving Fund and credited to the account of
the | ||||||
11 | Illinois Workers' Compensation Commission.
| ||||||
12 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
13 | ARTICLE 25. REGULATORY SUNSET | ||||||
14 | Section 25-5. The Regulatory Sunset Act is amended by | ||||||
15 | changing Section 4.28 and by adding Section 4.38 as follows:
| ||||||
16 | (5 ILCS 80/4.28) | ||||||
17 | Sec. 4.28. Acts
repealed on January 1, 2018. The following | ||||||
18 | Acts are
repealed on January 1, 2018: | ||||||
19 | The Illinois Petroleum Education and Marketing Act.
| ||||||
20 | The Podiatric Medical Practice Act of 1987. | ||||||
21 | The Acupuncture Practice Act. | ||||||
22 | The Illinois Speech-Language Pathology and Audiology | ||||||
23 | Practice Act. |
| |||||||
| |||||||
1 | The Interpreter for the Deaf Licensure Act of 2007. | ||||||
2 | The Nurse Practice Act. | ||||||
3 | The Clinical Social Work and Social Work Practice Act. | ||||||
4 | The Pharmacy Practice Act. | ||||||
5 | The Home Medical Equipment and Services Provider License | ||||||
6 | Act. | ||||||
7 | The Marriage and Family Therapy Licensing Act. | ||||||
8 | The Nursing Home Administrators Licensing and Disciplinary | ||||||
9 | Act. | ||||||
10 | The Physician Assistant Practice Act of 1987. | ||||||
11 | (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; | ||||||
12 | 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff. | ||||||
13 | 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, | ||||||
14 | eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; | ||||||
15 | 96-328, eff. 8-11-09.)
| ||||||
16 | (5 ILCS 80/4.38 new) | ||||||
17 | Sec. 4.38. Act repealed on January 1, 2028. The following | ||||||
18 | Act is repealed on January 1, 2028: | ||||||
19 | The Interpreter for the Deaf Licensure Act of 2007.
| ||||||
20 | ARTICLE 30. HEALTH AND HUMAN SERVICES | ||||||
21 | Section 30-5. The Illinois Public Aid Code is amended by | ||||||
22 | changing Section 5-5 as follows:
|
| |||||||
| |||||||
1 | (305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
| ||||||
2 | Sec. 5-5. Medical services. The Illinois Department, by | ||||||
3 | rule, shall
determine the quantity and quality of and the rate | ||||||
4 | of reimbursement for the
medical assistance for which
payment | ||||||
5 | will be authorized, and the medical services to be provided,
| ||||||
6 | which may include all or part of the following: (1) inpatient | ||||||
7 | hospital
services; (2) outpatient hospital services; (3) other | ||||||
8 | laboratory and
X-ray services; (4) skilled nursing home | ||||||
9 | services; (5) physicians'
services whether furnished in the | ||||||
10 | office, the patient's home, a
hospital, a skilled nursing home, | ||||||
11 | or elsewhere; (6) medical care, or any
other type of remedial | ||||||
12 | care furnished by licensed practitioners; (7)
home health care | ||||||
13 | services; (8) private duty nursing service; (9) clinic
| ||||||
14 | services; (10) dental services, including prevention and | ||||||
15 | treatment of periodontal disease and dental caries disease for | ||||||
16 | pregnant women, provided by an individual licensed to practice | ||||||
17 | dentistry or dental surgery; for purposes of this item (10), | ||||||
18 | "dental services" means diagnostic, preventive, or corrective | ||||||
19 | procedures provided by or under the supervision of a dentist in | ||||||
20 | the practice of his or her profession; (11) physical therapy | ||||||
21 | and related
services; (12) prescribed drugs, dentures, and | ||||||
22 | prosthetic devices; and
eyeglasses prescribed by a physician | ||||||
23 | skilled in the diseases of the eye,
or by an optometrist, | ||||||
24 | whichever the person may select; (13) other
diagnostic, | ||||||
25 | screening, preventive, and rehabilitative services, including | ||||||
26 | to ensure that the individual's need for intervention or |
| |||||||
| |||||||
1 | treatment of mental disorders or substance use disorders or | ||||||
2 | co-occurring mental health and substance use disorders is | ||||||
3 | determined using a uniform screening, assessment, and | ||||||
4 | evaluation process inclusive of criteria, for children and | ||||||
5 | adults; for purposes of this item (13), a uniform screening, | ||||||
6 | assessment, and evaluation process refers to a process that | ||||||
7 | includes an appropriate evaluation and, as warranted, a | ||||||
8 | referral; "uniform" does not mean the use of a singular | ||||||
9 | instrument, tool, or process that all must utilize; (14)
| ||||||
10 | transportation and such other expenses as may be necessary; | ||||||
11 | (15) medical
treatment of sexual assault survivors, as defined | ||||||
12 | in
Section 1a of the Sexual Assault Survivors Emergency | ||||||
13 | Treatment Act, for
injuries sustained as a result of the sexual | ||||||
14 | assault, including
examinations and laboratory tests to | ||||||
15 | discover evidence which may be used in
criminal proceedings | ||||||
16 | arising from the sexual assault; (16) the
diagnosis and | ||||||
17 | treatment of sickle cell anemia; and (17)
any other medical | ||||||
18 | care, and any other type of remedial care recognized
under the | ||||||
19 | laws of this State, but not including abortions, or induced
| ||||||
20 | miscarriages or premature births, unless, in the opinion of a | ||||||
21 | physician,
such procedures are necessary for the preservation | ||||||
22 | of the life of the
woman seeking such treatment, or except an | ||||||
23 | induced premature birth
intended to produce a live viable child | ||||||
24 | and such procedure is necessary
for the health of the mother or | ||||||
25 | her unborn child. The Illinois Department,
by rule, shall | ||||||
26 | prohibit any physician from providing medical assistance
to |
| |||||||
| |||||||
1 | anyone eligible therefor under this Code where such physician | ||||||
2 | has been
found guilty of performing an abortion procedure in a | ||||||
3 | wilful and wanton
manner upon a woman who was not pregnant at | ||||||
4 | the time such abortion
procedure was performed. The term "any | ||||||
5 | other type of remedial care" shall
include nursing care and | ||||||
6 | nursing home service for persons who rely on
treatment by | ||||||
7 | spiritual means alone through prayer for healing.
| ||||||
8 | Notwithstanding any other provision of this Section, a | ||||||
9 | comprehensive
tobacco use cessation program that includes | ||||||
10 | purchasing prescription drugs or
prescription medical devices | ||||||
11 | approved by the Food and Drug Administration shall
be covered | ||||||
12 | under the medical assistance
program under this Article for | ||||||
13 | persons who are otherwise eligible for
assistance under this | ||||||
14 | Article.
| ||||||
15 | Notwithstanding any other provision of this Code, the | ||||||
16 | Illinois
Department may not require, as a condition of payment | ||||||
17 | for any laboratory
test authorized under this Article, that a | ||||||
18 | physician's handwritten signature
appear on the laboratory | ||||||
19 | test order form. The Illinois Department may,
however, impose | ||||||
20 | other appropriate requirements regarding laboratory test
order | ||||||
21 | documentation.
| ||||||
22 | Upon receipt of federal approval of an amendment to the | ||||||
23 | Illinois Title XIX State Plan for this purpose, the Department | ||||||
24 | shall authorize the Chicago Public Schools (CPS) to procure a | ||||||
25 | vendor or vendors to manufacture eyeglasses for individuals | ||||||
26 | enrolled in a school within the CPS system. CPS shall ensure |
| |||||||
| |||||||
1 | that its vendor or vendors are enrolled as providers in the | ||||||
2 | medical assistance program and in any capitated Medicaid | ||||||
3 | managed care entity (MCE) serving individuals enrolled in a | ||||||
4 | school within the CPS system. Under any contract procured under | ||||||
5 | this provision, the vendor or vendors must serve only | ||||||
6 | individuals enrolled in a school within the CPS system. Claims | ||||||
7 | for services provided by CPS's vendor or vendors to recipients | ||||||
8 | of benefits in the medical assistance program under this Code, | ||||||
9 | the Children's Health Insurance Program, or the Covering ALL | ||||||
10 | KIDS Health Insurance Program shall be submitted to the | ||||||
11 | Department or the MCE in which the individual is enrolled for | ||||||
12 | payment and shall be reimbursed at the Department's or the | ||||||
13 | MCE's established rates or rate methodologies for eyeglasses. | ||||||
14 | On and after July 1, 2012, the Department of Healthcare and | ||||||
15 | Family Services may provide the following services to
persons
| ||||||
16 | eligible for assistance under this Article who are | ||||||
17 | participating in
education, training or employment programs | ||||||
18 | operated by the Department of Human
Services as successor to | ||||||
19 | the Department of Public Aid:
| ||||||
20 | (1) dental services provided by or under the | ||||||
21 | supervision of a dentist; and
| ||||||
22 | (2) eyeglasses prescribed by a physician skilled in the | ||||||
23 | diseases of the
eye, or by an optometrist, whichever the | ||||||
24 | person may select.
| ||||||
25 | Notwithstanding any other provision of this Code and | ||||||
26 | subject to federal approval, the Department may adopt rules to |
| |||||||
| |||||||
1 | allow a dentist who is volunteering his or her service at no | ||||||
2 | cost to render dental services through an enrolled | ||||||
3 | not-for-profit health clinic without the dentist personally | ||||||
4 | enrolling as a participating provider in the medical assistance | ||||||
5 | program. A not-for-profit health clinic shall include a public | ||||||
6 | health clinic or Federally Qualified Health Center or other | ||||||
7 | enrolled provider, as determined by the Department, through | ||||||
8 | which dental services covered under this Section are performed. | ||||||
9 | The Department shall establish a process for payment of claims | ||||||
10 | for reimbursement for covered dental services rendered under | ||||||
11 | this provision. | ||||||
12 | The Illinois Department, by rule, may distinguish and | ||||||
13 | classify the
medical services to be provided only in accordance | ||||||
14 | with the classes of
persons designated in Section 5-2.
| ||||||
15 | The Department of Healthcare and Family Services must | ||||||
16 | provide coverage and reimbursement for amino acid-based | ||||||
17 | elemental formulas, regardless of delivery method, for the | ||||||
18 | diagnosis and treatment of (i) eosinophilic disorders and (ii) | ||||||
19 | short bowel syndrome when the prescribing physician has issued | ||||||
20 | a written order stating that the amino acid-based elemental | ||||||
21 | formula is medically necessary.
| ||||||
22 | The Illinois Department shall authorize the provision of, | ||||||
23 | and shall
authorize payment for, screening by low-dose | ||||||
24 | mammography for the presence of
occult breast cancer for women | ||||||
25 | 35 years of age or older who are eligible
for medical | ||||||
26 | assistance under this Article, as follows: |
| |||||||
| |||||||
1 | (A) A baseline
mammogram for women 35 to 39 years of | ||||||
2 | age.
| ||||||
3 | (B) An annual mammogram for women 40 years of age or | ||||||
4 | older. | ||||||
5 | (C) A mammogram at the age and intervals considered | ||||||
6 | medically necessary by the woman's health care provider for | ||||||
7 | women under 40 years of age and having a family history of | ||||||
8 | breast cancer, prior personal history of breast cancer, | ||||||
9 | positive genetic testing, or other risk factors. | ||||||
10 | (D) A comprehensive ultrasound screening of an entire | ||||||
11 | breast or breasts if a mammogram demonstrates | ||||||
12 | heterogeneous or dense breast tissue, when medically | ||||||
13 | necessary as determined by a physician licensed to practice | ||||||
14 | medicine in all of its branches. | ||||||
15 | (E) A screening MRI when medically necessary, as | ||||||
16 | determined by a physician licensed to practice medicine in | ||||||
17 | all of its branches. | ||||||
18 | All screenings
shall
include a physical breast exam, | ||||||
19 | instruction on self-examination and
information regarding the | ||||||
20 | frequency of self-examination and its value as a
preventative | ||||||
21 | tool. For purposes of this Section, "low-dose mammography" | ||||||
22 | means
the x-ray examination of the breast using equipment | ||||||
23 | dedicated specifically
for mammography, including the x-ray | ||||||
24 | tube, filter, compression device,
and image receptor, with an | ||||||
25 | average radiation exposure delivery
of less than one rad per | ||||||
26 | breast for 2 views of an average size breast.
The term also |
| |||||||
| |||||||
1 | includes digital mammography and includes breast | ||||||
2 | tomosynthesis. As used in this Section, the term "breast | ||||||
3 | tomosynthesis" means a radiologic procedure that involves the | ||||||
4 | acquisition of projection images over the stationary breast to | ||||||
5 | produce cross-sectional digital three-dimensional images of | ||||||
6 | the breast. If, at any time, the Secretary of the United States | ||||||
7 | Department of Health and Human Services, or its successor | ||||||
8 | agency, promulgates rules or regulations to be published in the | ||||||
9 | Federal Register or publishes a comment in the Federal Register | ||||||
10 | or issues an opinion, guidance, or other action that would | ||||||
11 | require the State, pursuant to any provision of the Patient | ||||||
12 | Protection and Affordable Care Act (Public Law 111-148), | ||||||
13 | including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any | ||||||
14 | successor provision, to defray the cost of any coverage for | ||||||
15 | breast tomosynthesis outlined in this paragraph, then the | ||||||
16 | requirement that an insurer cover breast tomosynthesis is | ||||||
17 | inoperative other than any such coverage authorized under | ||||||
18 | Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and | ||||||
19 | the State shall not assume any obligation for the cost of | ||||||
20 | coverage for breast tomosynthesis set forth in this paragraph.
| ||||||
21 | On and after January 1, 2016, the Department shall ensure | ||||||
22 | that all networks of care for adult clients of the Department | ||||||
23 | include access to at least one breast imaging Center of Imaging | ||||||
24 | Excellence as certified by the American College of Radiology. | ||||||
25 | On and after January 1, 2012, providers participating in a | ||||||
26 | quality improvement program approved by the Department shall be |
| |||||||
| |||||||
1 | reimbursed for screening and diagnostic mammography at the same | ||||||
2 | rate as the Medicare program's rates, including the increased | ||||||
3 | reimbursement for digital mammography. | ||||||
4 | The Department shall convene an expert panel including | ||||||
5 | representatives of hospitals, free-standing mammography | ||||||
6 | facilities, and doctors, including radiologists, to establish | ||||||
7 | quality standards for mammography. | ||||||
8 | On and after January 1, 2017, providers participating in a | ||||||
9 | breast cancer treatment quality improvement program approved | ||||||
10 | by the Department shall be reimbursed for breast cancer | ||||||
11 | treatment at a rate that is no lower than 95% of the Medicare | ||||||
12 | program's rates for the data elements included in the breast | ||||||
13 | cancer treatment quality program. | ||||||
14 | The Department shall convene an expert panel, including | ||||||
15 | representatives of hospitals, free standing breast cancer | ||||||
16 | treatment centers, breast cancer quality organizations, and | ||||||
17 | doctors, including breast surgeons, reconstructive breast | ||||||
18 | surgeons, oncologists, and primary care providers to establish | ||||||
19 | quality standards for breast cancer treatment. | ||||||
20 | Subject to federal approval, the Department shall | ||||||
21 | establish a rate methodology for mammography at federally | ||||||
22 | qualified health centers and other encounter-rate clinics. | ||||||
23 | These clinics or centers may also collaborate with other | ||||||
24 | hospital-based mammography facilities. By January 1, 2016, the | ||||||
25 | Department shall report to the General Assembly on the status | ||||||
26 | of the provision set forth in this paragraph. |
| |||||||
| |||||||
1 | The Department shall establish a methodology to remind | ||||||
2 | women who are age-appropriate for screening mammography, but | ||||||
3 | who have not received a mammogram within the previous 18 | ||||||
4 | months, of the importance and benefit of screening mammography. | ||||||
5 | The Department shall work with experts in breast cancer | ||||||
6 | outreach and patient navigation to optimize these reminders and | ||||||
7 | shall establish a methodology for evaluating their | ||||||
8 | effectiveness and modifying the methodology based on the | ||||||
9 | evaluation. | ||||||
10 | The Department shall establish a performance goal for | ||||||
11 | primary care providers with respect to their female patients | ||||||
12 | over age 40 receiving an annual mammogram. This performance | ||||||
13 | goal shall be used to provide additional reimbursement in the | ||||||
14 | form of a quality performance bonus to primary care providers | ||||||
15 | who meet that goal. | ||||||
16 | The Department shall devise a means of case-managing or | ||||||
17 | patient navigation for beneficiaries diagnosed with breast | ||||||
18 | cancer. This program shall initially operate as a pilot program | ||||||
19 | in areas of the State with the highest incidence of mortality | ||||||
20 | related to breast cancer. At least one pilot program site shall | ||||||
21 | be in the metropolitan Chicago area and at least one site shall | ||||||
22 | be outside the metropolitan Chicago area. On or after July 1, | ||||||
23 | 2016, the pilot program shall be expanded to include one site | ||||||
24 | in western Illinois, one site in southern Illinois, one site in | ||||||
25 | central Illinois, and 4 sites within metropolitan Chicago. An | ||||||
26 | evaluation of the pilot program shall be carried out measuring |
| |||||||
| |||||||
1 | health outcomes and cost of care for those served by the pilot | ||||||
2 | program compared to similarly situated patients who are not | ||||||
3 | served by the pilot program. | ||||||
4 | The Department shall require all networks of care to | ||||||
5 | develop a means either internally or by contract with experts | ||||||
6 | in navigation and community outreach to navigate cancer | ||||||
7 | patients to comprehensive care in a timely fashion. The | ||||||
8 | Department shall require all networks of care to include access | ||||||
9 | for patients diagnosed with cancer to at least one academic | ||||||
10 | commission on cancer-accredited cancer program as an | ||||||
11 | in-network covered benefit. | ||||||
12 | Any medical or health care provider shall immediately | ||||||
13 | recommend, to
any pregnant woman who is being provided prenatal | ||||||
14 | services and is suspected
of drug abuse or is addicted as | ||||||
15 | defined in the Alcoholism and Other Drug Abuse
and Dependency | ||||||
16 | Act, referral to a local substance abuse treatment provider
| ||||||
17 | licensed by the Department of Human Services or to a licensed
| ||||||
18 | hospital which provides substance abuse treatment services. | ||||||
19 | The Department of Healthcare and Family Services
shall assure | ||||||
20 | coverage for the cost of treatment of the drug abuse or
| ||||||
21 | addiction for pregnant recipients in accordance with the | ||||||
22 | Illinois Medicaid
Program in conjunction with the Department of | ||||||
23 | Human Services.
| ||||||
24 | All medical providers providing medical assistance to | ||||||
25 | pregnant women
under this Code shall receive information from | ||||||
26 | the Department on the
availability of services under the Drug |
| |||||||
| |||||||
1 | Free Families with a Future or any
comparable program providing | ||||||
2 | case management services for addicted women,
including | ||||||
3 | information on appropriate referrals for other social services
| ||||||
4 | that may be needed by addicted women in addition to treatment | ||||||
5 | for addiction.
| ||||||
6 | The Illinois Department, in cooperation with the | ||||||
7 | Departments of Human
Services (as successor to the Department | ||||||
8 | of Alcoholism and Substance
Abuse) and Public Health, through a | ||||||
9 | public awareness campaign, may
provide information concerning | ||||||
10 | treatment for alcoholism and drug abuse and
addiction, prenatal | ||||||
11 | health care, and other pertinent programs directed at
reducing | ||||||
12 | the number of drug-affected infants born to recipients of | ||||||
13 | medical
assistance.
| ||||||
14 | Neither the Department of Healthcare and Family Services | ||||||
15 | nor the Department of Human
Services shall sanction the | ||||||
16 | recipient solely on the basis of
her substance abuse.
| ||||||
17 | The Illinois Department shall establish such regulations | ||||||
18 | governing
the dispensing of health services under this Article | ||||||
19 | as it shall deem
appropriate. The Department
should
seek the | ||||||
20 | advice of formal professional advisory committees appointed by
| ||||||
21 | the Director of the Illinois Department for the purpose of | ||||||
22 | providing regular
advice on policy and administrative matters, | ||||||
23 | information dissemination and
educational activities for | ||||||
24 | medical and health care providers, and
consistency in | ||||||
25 | procedures to the Illinois Department.
| ||||||
26 | The Illinois Department may develop and contract with |
| |||||||
| |||||||
1 | Partnerships of
medical providers to arrange medical services | ||||||
2 | for persons eligible under
Section 5-2 of this Code. | ||||||
3 | Implementation of this Section may be by
demonstration projects | ||||||
4 | in certain geographic areas. The Partnership shall
be | ||||||
5 | represented by a sponsor organization. The Department, by rule, | ||||||
6 | shall
develop qualifications for sponsors of Partnerships. | ||||||
7 | Nothing in this
Section shall be construed to require that the | ||||||
8 | sponsor organization be a
medical organization.
| ||||||
9 | The sponsor must negotiate formal written contracts with | ||||||
10 | medical
providers for physician services, inpatient and | ||||||
11 | outpatient hospital care,
home health services, treatment for | ||||||
12 | alcoholism and substance abuse, and
other services determined | ||||||
13 | necessary by the Illinois Department by rule for
delivery by | ||||||
14 | Partnerships. Physician services must include prenatal and
| ||||||
15 | obstetrical care. The Illinois Department shall reimburse | ||||||
16 | medical services
delivered by Partnership providers to clients | ||||||
17 | in target areas according to
provisions of this Article and the | ||||||
18 | Illinois Health Finance Reform Act,
except that:
| ||||||
19 | (1) Physicians participating in a Partnership and | ||||||
20 | providing certain
services, which shall be determined by | ||||||
21 | the Illinois Department, to persons
in areas covered by the | ||||||
22 | Partnership may receive an additional surcharge
for such | ||||||
23 | services.
| ||||||
24 | (2) The Department may elect to consider and negotiate | ||||||
25 | financial
incentives to encourage the development of | ||||||
26 | Partnerships and the efficient
delivery of medical care.
|
| |||||||
| |||||||
1 | (3) Persons receiving medical services through | ||||||
2 | Partnerships may receive
medical and case management | ||||||
3 | services above the level usually offered
through the | ||||||
4 | medical assistance program.
| ||||||
5 | Medical providers shall be required to meet certain | ||||||
6 | qualifications to
participate in Partnerships to ensure the | ||||||
7 | delivery of high quality medical
services. These | ||||||
8 | qualifications shall be determined by rule of the Illinois
| ||||||
9 | Department and may be higher than qualifications for | ||||||
10 | participation in the
medical assistance program. Partnership | ||||||
11 | sponsors may prescribe reasonable
additional qualifications | ||||||
12 | for participation by medical providers, only with
the prior | ||||||
13 | written approval of the Illinois Department.
| ||||||
14 | Nothing in this Section shall limit the free choice of | ||||||
15 | practitioners,
hospitals, and other providers of medical | ||||||
16 | services by clients.
In order to ensure patient freedom of | ||||||
17 | choice, the Illinois Department shall
immediately promulgate | ||||||
18 | all rules and take all other necessary actions so that
provided | ||||||
19 | services may be accessed from therapeutically certified | ||||||
20 | optometrists
to the full extent of the Illinois Optometric | ||||||
21 | Practice Act of 1987 without
discriminating between service | ||||||
22 | providers.
| ||||||
23 | The Department shall apply for a waiver from the United | ||||||
24 | States Health
Care Financing Administration to allow for the | ||||||
25 | implementation of
Partnerships under this Section.
| ||||||
26 | The Illinois Department shall require health care |
| |||||||
| |||||||
1 | providers to maintain
records that document the medical care | ||||||
2 | and services provided to recipients
of Medical Assistance under | ||||||
3 | this Article. Such records must be retained for a period of not | ||||||
4 | less than 6 years from the date of service or as provided by | ||||||
5 | applicable State law, whichever period is longer, except that | ||||||
6 | if an audit is initiated within the required retention period | ||||||
7 | then the records must be retained until the audit is completed | ||||||
8 | and every exception is resolved. The Illinois Department shall
| ||||||
9 | require health care providers to make available, when | ||||||
10 | authorized by the
patient, in writing, the medical records in a | ||||||
11 | timely fashion to other
health care providers who are treating | ||||||
12 | or serving persons eligible for
Medical Assistance under this | ||||||
13 | Article. All dispensers of medical services
shall be required | ||||||
14 | to maintain and retain business and professional records
| ||||||
15 | sufficient to fully and accurately document the nature, scope, | ||||||
16 | details and
receipt of the health care provided to persons | ||||||
17 | eligible for medical
assistance under this Code, in accordance | ||||||
18 | with regulations promulgated by
the Illinois Department. The | ||||||
19 | rules and regulations shall require that proof
of the receipt | ||||||
20 | of prescription drugs, dentures, prosthetic devices and
| ||||||
21 | eyeglasses by eligible persons under this Section accompany | ||||||
22 | each claim
for reimbursement submitted by the dispenser of such | ||||||
23 | medical services.
No such claims for reimbursement shall be | ||||||
24 | approved for payment by the Illinois
Department without such | ||||||
25 | proof of receipt, unless the Illinois Department
shall have put | ||||||
26 | into effect and shall be operating a system of post-payment
|
| |||||||
| |||||||
1 | audit and review which shall, on a sampling basis, be deemed | ||||||
2 | adequate by
the Illinois Department to assure that such drugs, | ||||||
3 | dentures, prosthetic
devices and eyeglasses for which payment | ||||||
4 | is being made are actually being
received by eligible | ||||||
5 | recipients. Within 90 days after September 16, 1984 (the | ||||||
6 | effective date of Public Act 83-1439), the Illinois Department | ||||||
7 | shall establish a
current list of acquisition costs for all | ||||||
8 | prosthetic devices and any
other items recognized as medical | ||||||
9 | equipment and supplies reimbursable under
this Article and | ||||||
10 | shall update such list on a quarterly basis, except that
the | ||||||
11 | acquisition costs of all prescription drugs shall be updated no
| ||||||
12 | less frequently than every 30 days as required by Section | ||||||
13 | 5-5.12.
| ||||||
14 | The rules and regulations of the Illinois Department shall | ||||||
15 | require
that a written statement including the required opinion | ||||||
16 | of a physician
shall accompany any claim for reimbursement for | ||||||
17 | abortions, or induced
miscarriages or premature births. This | ||||||
18 | statement shall indicate what
procedures were used in providing | ||||||
19 | such medical services.
| ||||||
20 | Notwithstanding any other law to the contrary, the Illinois | ||||||
21 | Department shall, within 365 days after July 22, 2013 (the | ||||||
22 | effective date of Public Act 98-104), establish procedures to | ||||||
23 | permit skilled care facilities licensed under the Nursing Home | ||||||
24 | Care Act to submit monthly billing claims for reimbursement | ||||||
25 | purposes. Following development of these procedures, the | ||||||
26 | Department shall, by July 1, 2016, test the viability of the |
| |||||||
| |||||||
1 | new system and implement any necessary operational or | ||||||
2 | structural changes to its information technology platforms in | ||||||
3 | order to allow for the direct acceptance and payment of nursing | ||||||
4 | home claims. | ||||||
5 | Notwithstanding any other law to the contrary, the Illinois | ||||||
6 | Department shall, within 365 days after August 15, 2014 (the | ||||||
7 | effective date of Public Act 98-963), establish procedures to | ||||||
8 | permit ID/DD facilities licensed under the ID/DD Community Care | ||||||
9 | Act and MC/DD facilities licensed under the MC/DD Act to submit | ||||||
10 | monthly billing claims for reimbursement purposes. Following | ||||||
11 | development of these procedures, the Department shall have an | ||||||
12 | additional 365 days to test the viability of the new system and | ||||||
13 | to ensure that any necessary operational or structural changes | ||||||
14 | to its information technology platforms are implemented. | ||||||
15 | The Illinois Department shall require all dispensers of | ||||||
16 | medical
services, other than an individual practitioner or | ||||||
17 | group of practitioners,
desiring to participate in the Medical | ||||||
18 | Assistance program
established under this Article to disclose | ||||||
19 | all financial, beneficial,
ownership, equity, surety or other | ||||||
20 | interests in any and all firms,
corporations, partnerships, | ||||||
21 | associations, business enterprises, joint
ventures, agencies, | ||||||
22 | institutions or other legal entities providing any
form of | ||||||
23 | health care services in this State under this Article.
| ||||||
24 | The Illinois Department may require that all dispensers of | ||||||
25 | medical
services desiring to participate in the medical | ||||||
26 | assistance program
established under this Article disclose, |
| |||||||
| |||||||
1 | under such terms and conditions as
the Illinois Department may | ||||||
2 | by rule establish, all inquiries from clients
and attorneys | ||||||
3 | regarding medical bills paid by the Illinois Department, which
| ||||||
4 | inquiries could indicate potential existence of claims or liens | ||||||
5 | for the
Illinois Department.
| ||||||
6 | Enrollment of a vendor
shall be
subject to a provisional | ||||||
7 | period and shall be conditional for one year. During the period | ||||||
8 | of conditional enrollment, the Department may
terminate the | ||||||
9 | vendor's eligibility to participate in, or may disenroll the | ||||||
10 | vendor from, the medical assistance
program without cause. | ||||||
11 | Unless otherwise specified, such termination of eligibility or | ||||||
12 | disenrollment is not subject to the
Department's hearing | ||||||
13 | process.
However, a disenrolled vendor may reapply without | ||||||
14 | penalty.
| ||||||
15 | The Department has the discretion to limit the conditional | ||||||
16 | enrollment period for vendors based upon category of risk of | ||||||
17 | the vendor. | ||||||
18 | Prior to enrollment and during the conditional enrollment | ||||||
19 | period in the medical assistance program, all vendors shall be | ||||||
20 | subject to enhanced oversight, screening, and review based on | ||||||
21 | the risk of fraud, waste, and abuse that is posed by the | ||||||
22 | category of risk of the vendor. The Illinois Department shall | ||||||
23 | establish the procedures for oversight, screening, and review, | ||||||
24 | which may include, but need not be limited to: criminal and | ||||||
25 | financial background checks; fingerprinting; license, | ||||||
26 | certification, and authorization verifications; unscheduled or |
| |||||||
| |||||||
1 | unannounced site visits; database checks; prepayment audit | ||||||
2 | reviews; audits; payment caps; payment suspensions; and other | ||||||
3 | screening as required by federal or State law. | ||||||
4 | The Department shall define or specify the following: (i) | ||||||
5 | by provider notice, the "category of risk of the vendor" for | ||||||
6 | each type of vendor, which shall take into account the level of | ||||||
7 | screening applicable to a particular category of vendor under | ||||||
8 | federal law and regulations; (ii) by rule or provider notice, | ||||||
9 | the maximum length of the conditional enrollment period for | ||||||
10 | each category of risk of the vendor; and (iii) by rule, the | ||||||
11 | hearing rights, if any, afforded to a vendor in each category | ||||||
12 | of risk of the vendor that is terminated or disenrolled during | ||||||
13 | the conditional enrollment period. | ||||||
14 | To be eligible for payment consideration, a vendor's | ||||||
15 | payment claim or bill, either as an initial claim or as a | ||||||
16 | resubmitted claim following prior rejection, must be received | ||||||
17 | by the Illinois Department, or its fiscal intermediary, no | ||||||
18 | later than 180 days after the latest date on the claim on which | ||||||
19 | medical goods or services were provided, with the following | ||||||
20 | exceptions: | ||||||
21 | (1) In the case of a provider whose enrollment is in | ||||||
22 | process by the Illinois Department, the 180-day period | ||||||
23 | shall not begin until the date on the written notice from | ||||||
24 | the Illinois Department that the provider enrollment is | ||||||
25 | complete. | ||||||
26 | (2) In the case of errors attributable to the Illinois |
| |||||||
| |||||||
1 | Department or any of its claims processing intermediaries | ||||||
2 | which result in an inability to receive, process, or | ||||||
3 | adjudicate a claim, the 180-day period shall not begin | ||||||
4 | until the provider has been notified of the error. | ||||||
5 | (3) In the case of a provider for whom the Illinois | ||||||
6 | Department initiates the monthly billing process. | ||||||
7 | (4) In the case of a provider operated by a unit of | ||||||
8 | local government with a population exceeding 3,000,000 | ||||||
9 | when local government funds finance federal participation | ||||||
10 | for claims payments. | ||||||
11 | For claims for services rendered during a period for which | ||||||
12 | a recipient received retroactive eligibility, claims must be | ||||||
13 | filed within 180 days after the Department determines the | ||||||
14 | applicant is eligible. For claims for which the Illinois | ||||||
15 | Department is not the primary payer, claims must be submitted | ||||||
16 | to the Illinois Department within 180 days after the final | ||||||
17 | adjudication by the primary payer. | ||||||
18 | In the case of long term care facilities, within 5 days of | ||||||
19 | receipt by the facility of required prescreening information, | ||||||
20 | data for new admissions shall be entered into the Medical | ||||||
21 | Electronic Data Interchange (MEDI) or the Recipient | ||||||
22 | Eligibility Verification (REV) System or successor system, and | ||||||
23 | within 15 days of receipt by the facility of required | ||||||
24 | prescreening information, admission documents shall be | ||||||
25 | submitted through MEDI or REV or shall be submitted directly to | ||||||
26 | the Department of Human Services using required admission |
| |||||||
| |||||||
1 | forms. Effective September
1, 2014, admission documents, | ||||||
2 | including all prescreening
information, must be submitted | ||||||
3 | through MEDI or REV. Confirmation numbers assigned to an | ||||||
4 | accepted transaction shall be retained by a facility to verify | ||||||
5 | timely submittal. Once an admission transaction has been | ||||||
6 | completed, all resubmitted claims following prior rejection | ||||||
7 | are subject to receipt no later than 180 days after the | ||||||
8 | admission transaction has been completed. | ||||||
9 | Claims that are not submitted and received in compliance | ||||||
10 | with the foregoing requirements shall not be eligible for | ||||||
11 | payment under the medical assistance program, and the State | ||||||
12 | shall have no liability for payment of those claims. | ||||||
13 | To the extent consistent with applicable information and | ||||||
14 | privacy, security, and disclosure laws, State and federal | ||||||
15 | agencies and departments shall provide the Illinois Department | ||||||
16 | access to confidential and other information and data necessary | ||||||
17 | to perform eligibility and payment verifications and other | ||||||
18 | Illinois Department functions. This includes, but is not | ||||||
19 | limited to: information pertaining to licensure; | ||||||
20 | certification; earnings; immigration status; citizenship; wage | ||||||
21 | reporting; unearned and earned income; pension income; | ||||||
22 | employment; supplemental security income; social security | ||||||
23 | numbers; National Provider Identifier (NPI) numbers; the | ||||||
24 | National Practitioner Data Bank (NPDB); program and agency | ||||||
25 | exclusions; taxpayer identification numbers; tax delinquency; | ||||||
26 | corporate information; and death records. |
| |||||||
| |||||||
1 | The Illinois Department shall enter into agreements with | ||||||
2 | State agencies and departments, and is authorized to enter into | ||||||
3 | agreements with federal agencies and departments, under which | ||||||
4 | such agencies and departments shall share data necessary for | ||||||
5 | medical assistance program integrity functions and oversight. | ||||||
6 | The Illinois Department shall develop, in cooperation with | ||||||
7 | other State departments and agencies, and in compliance with | ||||||
8 | applicable federal laws and regulations, appropriate and | ||||||
9 | effective methods to share such data. At a minimum, and to the | ||||||
10 | extent necessary to provide data sharing, the Illinois | ||||||
11 | Department shall enter into agreements with State agencies and | ||||||
12 | departments, and is authorized to enter into agreements with | ||||||
13 | federal agencies and departments, including but not limited to: | ||||||
14 | the Secretary of State; the Department of Revenue; the | ||||||
15 | Department of Public Health; the Department of Human Services; | ||||||
16 | and the Department of Financial and Professional Regulation. | ||||||
17 | Beginning in fiscal year 2013, the Illinois Department | ||||||
18 | shall set forth a request for information to identify the | ||||||
19 | benefits of a pre-payment, post-adjudication, and post-edit | ||||||
20 | claims system with the goals of streamlining claims processing | ||||||
21 | and provider reimbursement, reducing the number of pending or | ||||||
22 | rejected claims, and helping to ensure a more transparent | ||||||
23 | adjudication process through the utilization of: (i) provider | ||||||
24 | data verification and provider screening technology; and (ii) | ||||||
25 | clinical code editing; and (iii) pre-pay, pre- or | ||||||
26 | post-adjudicated predictive modeling with an integrated case |
| |||||||
| |||||||
1 | management system with link analysis. Such a request for | ||||||
2 | information shall not be considered as a request for proposal | ||||||
3 | or as an obligation on the part of the Illinois Department to | ||||||
4 | take any action or acquire any products or services. | ||||||
5 | The Illinois Department shall establish policies, | ||||||
6 | procedures,
standards and criteria by rule for the acquisition, | ||||||
7 | repair and replacement
of orthotic and prosthetic devices and | ||||||
8 | durable medical equipment. Such
rules shall provide, but not be | ||||||
9 | limited to, the following services: (1)
immediate repair or | ||||||
10 | replacement of such devices by recipients; and (2) rental, | ||||||
11 | lease, purchase or lease-purchase of
durable medical equipment | ||||||
12 | in a cost-effective manner, taking into
consideration the | ||||||
13 | recipient's medical prognosis, the extent of the
recipient's | ||||||
14 | needs, and the requirements and costs for maintaining such
| ||||||
15 | equipment. Subject to prior approval, such rules shall enable a | ||||||
16 | recipient to temporarily acquire and
use alternative or | ||||||
17 | substitute devices or equipment pending repairs or
| ||||||
18 | replacements of any device or equipment previously authorized | ||||||
19 | for such
recipient by the Department. Notwithstanding any | ||||||
20 | provision of Section 5-5f to the contrary, the Department may, | ||||||
21 | by rule, exempt certain replacement wheelchair parts from prior | ||||||
22 | approval and, for wheelchairs, wheelchair parts, wheelchair | ||||||
23 | accessories, and related seating and positioning items, | ||||||
24 | determine the wholesale price by methods other than actual | ||||||
25 | acquisition costs. | ||||||
26 | The Department shall require, by rule, all providers of |
| |||||||
| |||||||
1 | durable medical equipment to be accredited by an accreditation | ||||||
2 | organization approved by the federal Centers for Medicare and | ||||||
3 | Medicaid Services and recognized by the Department in order to | ||||||
4 | bill the Department for providing durable medical equipment to | ||||||
5 | recipients. No later than 15 months after the effective date of | ||||||
6 | the rule adopted pursuant to this paragraph, all providers must | ||||||
7 | meet the accreditation requirement.
| ||||||
8 | The Department shall execute, relative to the nursing home | ||||||
9 | prescreening
project, written inter-agency agreements with the | ||||||
10 | Department of Human
Services and the Department on Aging, to | ||||||
11 | effect the following: (i) intake
procedures and common | ||||||
12 | eligibility criteria for those persons who are receiving
| ||||||
13 | non-institutional services; and (ii) the establishment and | ||||||
14 | development of
non-institutional services in areas of the State | ||||||
15 | where they are not currently
available or are undeveloped; and | ||||||
16 | (iii) notwithstanding any other provision of law, subject to | ||||||
17 | federal approval, on and after July 1, 2012, an increase in the | ||||||
18 | determination of need (DON) scores from 29 to 37 for applicants | ||||||
19 | for institutional and home and community-based long term care; | ||||||
20 | if and only if federal approval is not granted, the Department | ||||||
21 | may, in conjunction with other affected agencies, implement | ||||||
22 | utilization controls or changes in benefit packages to | ||||||
23 | effectuate a similar savings amount for this population; and | ||||||
24 | (iv) no later than July 1, 2013, minimum level of care | ||||||
25 | eligibility criteria for institutional and home and | ||||||
26 | community-based long term care; and (v) no later than October |
| |||||||
| |||||||
1 | 1, 2013, establish procedures to permit long term care | ||||||
2 | providers access to eligibility scores for individuals with an | ||||||
3 | admission date who are seeking or receiving services from the | ||||||
4 | long term care provider. In order to select the minimum level | ||||||
5 | of care eligibility criteria, the Governor shall establish a | ||||||
6 | workgroup that includes affected agency representatives and | ||||||
7 | stakeholders representing the institutional and home and | ||||||
8 | community-based long term care interests. This Section shall | ||||||
9 | not restrict the Department from implementing lower level of | ||||||
10 | care eligibility criteria for community-based services in | ||||||
11 | circumstances where federal approval has been granted.
| ||||||
12 | The Illinois Department shall develop and operate, in | ||||||
13 | cooperation
with other State Departments and agencies and in | ||||||
14 | compliance with
applicable federal laws and regulations, | ||||||
15 | appropriate and effective
systems of health care evaluation and | ||||||
16 | programs for monitoring of
utilization of health care services | ||||||
17 | and facilities, as it affects
persons eligible for medical | ||||||
18 | assistance under this Code.
| ||||||
19 | The Illinois Department shall report annually to the | ||||||
20 | General Assembly,
no later than the second Friday in April of | ||||||
21 | 1979 and each year
thereafter, in regard to:
| ||||||
22 | (a) actual statistics and trends in utilization of | ||||||
23 | medical services by
public aid recipients;
| ||||||
24 | (b) actual statistics and trends in the provision of | ||||||
25 | the various medical
services by medical vendors;
| ||||||
26 | (c) current rate structures and proposed changes in |
| |||||||
| |||||||
1 | those rate structures
for the various medical vendors; and
| ||||||
2 | (d) efforts at utilization review and control by the | ||||||
3 | Illinois Department.
| ||||||
4 | The period covered by each report shall be the 3 years | ||||||
5 | ending on the June
30 prior to the report. The report shall | ||||||
6 | include suggested legislation
for consideration by the General | ||||||
7 | Assembly. The filing of one copy of the
report with the | ||||||
8 | Speaker, one copy with the Minority Leader and one copy
with | ||||||
9 | the Clerk of the House of Representatives, one copy with the | ||||||
10 | President,
one copy with the Minority Leader and one copy with | ||||||
11 | the Secretary of the
Senate, one copy with the Legislative | ||||||
12 | Research Unit, and such additional
copies
with the State | ||||||
13 | Government Report Distribution Center for the General
Assembly | ||||||
14 | as is required under paragraph (t) of Section 7 of the State
| ||||||
15 | Library Act shall be deemed sufficient to comply with this | ||||||
16 | Section.
| ||||||
17 | Rulemaking authority to implement Public Act 95-1045, if | ||||||
18 | any, is conditioned on the rules being adopted in accordance | ||||||
19 | with all provisions of the Illinois Administrative Procedure | ||||||
20 | Act and all rules and procedures of the Joint Committee on | ||||||
21 | Administrative Rules; any purported rule not so adopted, for | ||||||
22 | whatever reason, is unauthorized. | ||||||
23 | On and after July 1, 2012, the Department shall reduce any | ||||||
24 | rate of reimbursement for services or other payments or alter | ||||||
25 | any methodologies authorized by this Code to reduce any rate of | ||||||
26 | reimbursement for services or other payments in accordance with |
| |||||||
| |||||||
1 | Section 5-5e. | ||||||
2 | Because kidney transplantation can be an appropriate, cost | ||||||
3 | effective
alternative to renal dialysis when medically | ||||||
4 | necessary and notwithstanding the provisions of Section 1-11 of | ||||||
5 | this Code, beginning October 1, 2014, the Department shall | ||||||
6 | cover kidney transplantation for noncitizens with end-stage | ||||||
7 | renal disease who are not eligible for comprehensive medical | ||||||
8 | benefits, who meet the residency requirements of Section 5-3 of | ||||||
9 | this Code, and who would otherwise meet the financial | ||||||
10 | requirements of the appropriate class of eligible persons under | ||||||
11 | Section 5-2 of this Code. To qualify for coverage of kidney | ||||||
12 | transplantation, such person must be receiving emergency renal | ||||||
13 | dialysis services covered by the Department. Providers under | ||||||
14 | this Section shall be prior approved and certified by the | ||||||
15 | Department to perform kidney transplantation and the services | ||||||
16 | under this Section shall be limited to services associated with | ||||||
17 | kidney transplantation. | ||||||
18 | Notwithstanding any other provision of this Code to the | ||||||
19 | contrary, on or after July 1, 2017 2015 , all FDA approved forms | ||||||
20 | of medication assisted treatment prescribed for the treatment | ||||||
21 | of alcohol dependence or treatment of opioid dependence shall | ||||||
22 | be covered under both fee for service and managed care medical | ||||||
23 | assistance programs for persons who are otherwise eligible for | ||||||
24 | medical assistance under this Article and may shall not be | ||||||
25 | subject to any (1) utilization controls or control, other than | ||||||
26 | those established under the American Society of Addiction |
| |||||||
| |||||||
1 | Medicine patient placement criteria,
(2) prior authorization | ||||||
2 | mandates consistent with the most current edition of the | ||||||
3 | American Society of Addiction Medicine's National Practice | ||||||
4 | Guideline for the Use of Medications in the Treatment of | ||||||
5 | Addiction Involving Opioid Use, as now or hereafter revised, or | ||||||
6 | any successor publication mandate, or (3) lifetime restriction | ||||||
7 | limit
mandate . | ||||||
8 | On or after July 1, 2017 2015 , opioid antagonists | ||||||
9 | prescribed for the treatment of an opioid overdose, including | ||||||
10 | the medication product, administration devices, and any | ||||||
11 | pharmacy fees related to the dispensing and administration of | ||||||
12 | the opioid antagonist, shall be covered under the medical | ||||||
13 | assistance program for persons who are otherwise eligible for | ||||||
14 | medical assistance under this Article and may be subject to (1) | ||||||
15 | utilization controls or (2) prior authorization mandates | ||||||
16 | consistent with the most current edition of the American | ||||||
17 | Society of Addiction Medicine's National Practice Guideline | ||||||
18 | for the Use of Medications in the Treatment of Addiction | ||||||
19 | Involving Opioid Use, as now or hereafter revised, or any | ||||||
20 | successor publication . As used in this Section, "opioid | ||||||
21 | antagonist" means a drug that binds to opioid receptors and | ||||||
22 | blocks or inhibits the effect of opioids acting on those | ||||||
23 | receptors, including, but not limited to, naloxone | ||||||
24 | hydrochloride or any other similarly acting drug approved by | ||||||
25 | the U.S. Food and Drug Administration. | ||||||
26 | Upon federal approval, the Department shall provide |
| |||||||
| |||||||
1 | coverage and reimbursement for all drugs that are approved for | ||||||
2 | marketing by the federal Food and Drug Administration and that | ||||||
3 | are recommended by the federal Public Health Service or the | ||||||
4 | United States Centers for Disease Control and Prevention for | ||||||
5 | pre-exposure prophylaxis and related pre-exposure prophylaxis | ||||||
6 | services, including, but not limited to, HIV and sexually | ||||||
7 | transmitted infection screening, treatment for sexually | ||||||
8 | transmitted infections, medical monitoring, assorted labs, and | ||||||
9 | counseling to reduce the likelihood of HIV infection among | ||||||
10 | individuals who are not infected with HIV but who are at high | ||||||
11 | risk of HIV infection. | ||||||
12 | (Source: P.A. 98-104, Article 9, Section 9-5, eff. 7-22-13; | ||||||
13 | 98-104, Article 12, Section 12-20, eff. 7-22-13; 98-303, eff. | ||||||
14 | 8-9-13; 98-463, eff. 8-16-13; 98-651, eff. 6-16-14; 98-756, | ||||||
15 | eff. 7-16-14; 98-963, eff. 8-15-14; 99-78, eff. 7-20-15; | ||||||
16 | 99-180, eff. 7-29-15; 99-236, eff. 8-3-15; 99-407 (see Section | ||||||
17 | 20 of P.A. 99-588 for the effective date of P.A. 99-407); | ||||||
18 | 99-433, eff. 8-21-15; 99-480, eff. 9-9-15; 99-588, eff. | ||||||
19 | 7-20-16; 99-642, eff. 7-28-16; 99-772, eff. 1-1-17; 99-895, | ||||||
20 | eff. 1-1-17; revised 9-20-16.)
| ||||||
21 | ARTICLE 35. NON-STATE EMPLOYEE RETIREMENT CONTRIBUTIONS | ||||||
22 | Section 35-5. The State Employees Group Insurance Act of | ||||||
23 | 1971 is amended by changing Sections 6.6 and 6.10 as follows:
|
| |||||||
| |||||||
1 | (5 ILCS 375/6.6)
| ||||||
2 | Sec. 6.6. Contributions to the Teacher Health Insurance | ||||||
3 | Security Fund.
| ||||||
4 | (a) Beginning July 1, 1995, all active contributors of the | ||||||
5 | Teachers'
Retirement System (established under Article 16 of | ||||||
6 | the Illinois Pension Code)
who are not employees of a | ||||||
7 | department as defined in Section 3 of this Act
shall make | ||||||
8 | contributions toward the cost of annuitant and survivor health
| ||||||
9 | benefits. These contributions shall be at the following rates:
| ||||||
10 | until January 1, 2002, 0.5% of salary;
beginning January 1, | ||||||
11 | 2002, 0.65% of salary;
beginning July 1, 2003, 0.75% of salary; | ||||||
12 | beginning July 1, 2005, 0.80% of salary;
beginning July 1, | ||||||
13 | 2007, a percentage of salary to be determined by the Department | ||||||
14 | of Central Management Services by rule, which in each fiscal | ||||||
15 | year shall not exceed 105% of the percentage of salary actually | ||||||
16 | required to be paid in the previous fiscal year.
| ||||||
17 | These contributions shall be deducted by the employer and | ||||||
18 | paid to the System
as service agent for the Department of | ||||||
19 | Central Management Services. The System
may use the same | ||||||
20 | processes for collecting the contributions required by this
| ||||||
21 | subsection that it uses to collect contributions received from | ||||||
22 | school districts
and other covered employers under Sections | ||||||
23 | 16-154 and 16-155 of the Illinois
Pension Code.
| ||||||
24 | An employer may agree to pick up or pay the contributions | ||||||
25 | required under
this subsection on behalf of the teacher; such | ||||||
26 | contributions shall be deemed
to have to have been paid by the |
| |||||||
| |||||||
1 | teacher. Beginning January 1, 2002, if
the employer does not | ||||||
2 | directly pay the required member contribution, then the
| ||||||
3 | employer shall reduce the member's salary by an amount equal to | ||||||
4 | the required
contribution and shall then pay the contribution | ||||||
5 | on behalf of the member.
This reduction shall not change the | ||||||
6 | amounts reported as creditable earnings
to the Teachers' | ||||||
7 | Retirement System.
| ||||||
8 | A person who purchases optional service credit under | ||||||
9 | Article 16 of the
Illinois Pension Code for a period after June | ||||||
10 | 30, 1995 must also make a
contribution under this subsection | ||||||
11 | for that optional credit, at the rate
provided in subsection | ||||||
12 | (a), based on the salary used in
computing the optional service | ||||||
13 | credit, plus interest on this employee
contribution. This | ||||||
14 | contribution shall be collected by the System as service
agent | ||||||
15 | for the Department of Central Management Services. The | ||||||
16 | contribution
required under this subsection for the optional | ||||||
17 | service credit must be paid
in full before any annuity based on | ||||||
18 | that credit begins.
| ||||||
19 | (a-5) Beginning January 1, 2002, every employer of a | ||||||
20 | teacher (other than
an employer that is a department as defined | ||||||
21 | in Section 3 of this Act) shall
pay an employer contribution | ||||||
22 | toward the cost of annuitant and survivor health
benefits. | ||||||
23 | These contributions shall be computed as follows:
| ||||||
24 | (1) Beginning January 1, 2002 through June 30, 2003, | ||||||
25 | the employer
contribution shall be equal to 0.4% of each | ||||||
26 | teacher's salary.
|
| |||||||
| |||||||
1 | (2) Beginning July 1, 2003, the employer contribution | ||||||
2 | shall be equal to
0.5% of each teacher's salary.
| ||||||
3 | (3) Beginning July 1, 2005, the employer contribution | ||||||
4 | shall be equal to
0.6% of each teacher's salary.
| ||||||
5 | (4) Beginning July 1, 2007, the employer contribution | ||||||
6 | shall be a percentage of each teacher's salary to be | ||||||
7 | determined by the Department of Central Management | ||||||
8 | Services by rule, which in each fiscal year shall not | ||||||
9 | exceed 105% of the percentage of each teacher's salary | ||||||
10 | actually required to be paid in the previous fiscal year.
| ||||||
11 | These contributions shall be paid by the employer to the | ||||||
12 | System as service
agent for the Department of Central | ||||||
13 | Management Services. The System may use
the same processes for | ||||||
14 | collecting the contributions required by this subsection
that | ||||||
15 | it uses to collect contributions received from school districts | ||||||
16 | and other
covered employers under the Illinois Pension Code.
| ||||||
17 | The school district or other employing unit may pay these | ||||||
18 | employer
contributions out of any source of funding available | ||||||
19 | for that purpose and
shall forward the contributions to the | ||||||
20 | System on the schedule established
for the payment of member | ||||||
21 | contributions.
| ||||||
22 | (b) The Teachers' Retirement System shall promptly deposit | ||||||
23 | all moneys
collected under subsections (a) and (a-5) of this
| ||||||
24 | Section into the Teacher Health Insurance Security Fund created | ||||||
25 | in Section 6.5
of this Act. The moneys collected under this | ||||||
26 | Section shall be used only for
the purposes authorized in |
| |||||||
| |||||||
1 | Section 6.5 of this Act and shall not be considered
to be | ||||||
2 | assets of the Teachers' Retirement System. Contributions made | ||||||
3 | under this
Section are not transferable to other pension funds | ||||||
4 | or retirement systems and
are not refundable upon termination | ||||||
5 | of service.
| ||||||
6 | (c) On or before November 15 of each year, the Board of | ||||||
7 | Trustees of the
Teachers' Retirement System shall certify to | ||||||
8 | the Governor, the Director of
Central Management Services, and | ||||||
9 | the State Comptroller its estimate of the
total amount of | ||||||
10 | contributions to be paid under subsection (a) of this Section
| ||||||
11 | 6.6 for the next fiscal year. The amount certified shall be | ||||||
12 | decreased or
increased each year by the amount that the actual | ||||||
13 | active teacher contributions
either fell short of or exceeded | ||||||
14 | the estimate used by the Board in making the
certification for | ||||||
15 | the previous fiscal year. The certification shall include
a | ||||||
16 | detailed explanation of the methods and information that the | ||||||
17 | Board relied
upon in preparing its estimate. As soon as | ||||||
18 | possible after the effective date
of this amendatory Act of the | ||||||
19 | 92nd General Assembly, the Board
shall recalculate and | ||||||
20 | recertify its certifications for fiscal years 2002 and
2003.
| ||||||
21 | (d) Beginning in fiscal year 1996 and continuing through | ||||||
22 | fiscal year 2017 , on the first day of each month, or
as soon | ||||||
23 | thereafter as may be practical, the State Treasurer and the | ||||||
24 | State
Comptroller shall transfer from the General Revenue Fund | ||||||
25 | to the Teacher Health
Insurance Security Fund 1/12 of the | ||||||
26 | annual amount appropriated for that fiscal
year to the State |
| |||||||
| |||||||
1 | Comptroller for deposit into the Teacher Health Insurance
| ||||||
2 | Security Fund under Section 1.3 of the State Pension Funds | ||||||
3 | Continuing
Appropriation Act.
| ||||||
4 | (e) Except where otherwise specified in this Section, the | ||||||
5 | definitions
that apply to Article 16 of the Illinois Pension | ||||||
6 | Code apply to this Section.
| ||||||
7 | (f) (Blank).
| ||||||
8 | (Source: P.A. 92-505, eff. 12-20-01; 93-679, eff. 6-30-04 .)
| ||||||
9 | (5 ILCS 375/6.10)
| ||||||
10 | Sec. 6.10. Contributions to the Community College Health | ||||||
11 | Insurance
Security Fund. | ||||||
12 | (a) Beginning January 1, 1999, every active contributor of | ||||||
13 | the State
Universities Retirement System (established under | ||||||
14 | Article 15 of the Illinois
Pension Code) who (1) is a full-time | ||||||
15 | employee of a community college district
(other than a | ||||||
16 | community college district subject to Article VII of the Public
| ||||||
17 | Community College Act)
or an association of community college | ||||||
18 | boards and (2) is not an employee as
defined in Section 3 of | ||||||
19 | this Act shall make contributions toward the cost of
community | ||||||
20 | college annuitant and survivor health benefits at the rate of | ||||||
21 | 0.50%
of salary.
| ||||||
22 | These contributions shall be deducted by the employer and | ||||||
23 | paid to the State
Universities Retirement System as service | ||||||
24 | agent for the Department of Central
Management Services. The | ||||||
25 | System may use the same processes for collecting the
|
| |||||||
| |||||||
1 | contributions required by this subsection that it uses to | ||||||
2 | collect the
contributions received from those employees under | ||||||
3 | Section 15-157 of the
Illinois Pension Code. An employer may | ||||||
4 | agree to pick up or pay the
contributions required under this | ||||||
5 | subsection on behalf of the employee;
such contributions shall | ||||||
6 | be deemed to have been paid by the employee.
| ||||||
7 | The State Universities Retirement System shall promptly | ||||||
8 | deposit all moneys
collected under this subsection (a) into the | ||||||
9 | Community College Health Insurance
Security Fund created in | ||||||
10 | Section 6.9 of this Act. The moneys collected under
this | ||||||
11 | Section shall be used only for the purposes authorized in | ||||||
12 | Section 6.9 of
this Act and shall not be considered to be | ||||||
13 | assets of the State Universities
Retirement System. | ||||||
14 | Contributions made under this Section are not transferable
to | ||||||
15 | other pension funds or retirement systems and are not | ||||||
16 | refundable upon
termination of service.
| ||||||
17 | (b) Beginning January 1, 1999, every community college | ||||||
18 | district
(other than a community college district subject to | ||||||
19 | Article VII of the Public
Community College Act) or association
| ||||||
20 | of community college boards that is an employer under the State | ||||||
21 | Universities
Retirement System shall contribute toward the | ||||||
22 | cost of the community college
health benefits provided under | ||||||
23 | Section 6.9 of this Act an amount equal to 0.50%
of the salary | ||||||
24 | paid to its full-time employees who participate in the State
| ||||||
25 | Universities Retirement System and are not members as defined | ||||||
26 | in Section 3 of
this Act.
|
| |||||||
| |||||||
1 | These contributions shall be paid by the employer to the | ||||||
2 | State Universities
Retirement System as service agent for the | ||||||
3 | Department of Central Management
Services. The System may use | ||||||
4 | the same processes for collecting the
contributions required by | ||||||
5 | this subsection that it uses to collect the
contributions | ||||||
6 | received from those employers under Section 15-155 of the
| ||||||
7 | Illinois Pension Code.
| ||||||
8 | The State Universities Retirement System shall promptly | ||||||
9 | deposit all moneys
collected under this subsection (b) into the | ||||||
10 | Community College Health Insurance
Security Fund created in | ||||||
11 | Section 6.9 of this Act. The moneys collected under
this | ||||||
12 | Section shall be used only for the purposes authorized in | ||||||
13 | Section 6.9 of
this Act and shall not be considered to be | ||||||
14 | assets of the State Universities
Retirement System. | ||||||
15 | Contributions made under this Section are not transferable
to | ||||||
16 | other pension funds or retirement systems and are not | ||||||
17 | refundable upon
termination of service.
| ||||||
18 | The Department of Central Management Services, or any | ||||||
19 | successor agency designated to procure healthcare contracts | ||||||
20 | pursuant to this Act, is authorized to establish funds, | ||||||
21 | separate accounts provided by any bank or banks as defined by | ||||||
22 | the Illinois Banking Act, or separate accounts provided by any | ||||||
23 | savings and loan association or associations as defined by the | ||||||
24 | Illinois Savings and Loan Act of 1985 to be held by the | ||||||
25 | Director, outside the State treasury, for the purpose of | ||||||
26 | receiving the transfer of moneys from the Community College |
| |||||||
| |||||||
1 | Health Insurance Security Fund. The Department may promulgate | ||||||
2 | rules further defining the methodology for the transfers. Any | ||||||
3 | interest earned by moneys in the funds or accounts shall inure | ||||||
4 | to the Community College Health Insurance Security Fund. The | ||||||
5 | transferred moneys, and interest accrued thereon, shall be used | ||||||
6 | exclusively for transfers to administrative service | ||||||
7 | organizations or their financial institutions for payments of | ||||||
8 | claims to claimants and providers under the self-insurance | ||||||
9 | health plan. The transferred moneys, and interest accrued | ||||||
10 | thereon, shall not be used for any other purpose including, but | ||||||
11 | not limited to, reimbursement of administration fees due the | ||||||
12 | administrative service organization pursuant to its contract | ||||||
13 | or contracts with the Department.
| ||||||
14 | (c) On or before November 15 of each year, the Board of | ||||||
15 | Trustees of the
State Universities Retirement System shall | ||||||
16 | certify to the Governor, the
Director of Central Management | ||||||
17 | Services, and the State
Comptroller its estimate of the total | ||||||
18 | amount of contributions to be paid under
subsection (a) of this | ||||||
19 | Section for the next fiscal year. Beginning in fiscal year | ||||||
20 | 2008, the amount certified shall be decreased or increased each | ||||||
21 | year by the amount that the actual active employee | ||||||
22 | contributions either fell short of or exceeded the estimate | ||||||
23 | used by the Board in making the certification for the previous | ||||||
24 | fiscal year. The State Universities Retirement System shall | ||||||
25 | calculate the amount of actual active employee contributions in | ||||||
26 | fiscal years 1999 through 2005. Based upon this calculation, |
| |||||||
| |||||||
1 | the fiscal year 2008 certification shall include an amount | ||||||
2 | equal to the cumulative amount that the actual active employee | ||||||
3 | contributions either fell short of or exceeded the estimate | ||||||
4 | used by the Board in making the certification for those fiscal | ||||||
5 | years. The certification
shall include a detailed explanation | ||||||
6 | of the methods and information that the
Board relied upon in | ||||||
7 | preparing its estimate. As soon as possible after the
effective | ||||||
8 | date of this Section, the Board shall submit its estimate for | ||||||
9 | fiscal
year 1999.
| ||||||
10 | (d) Beginning in fiscal year 1999 and continuing through | ||||||
11 | fiscal year 2017 , on the first day of each month, or as
soon | ||||||
12 | thereafter as may be practical, the State Treasurer and the | ||||||
13 | State
Comptroller shall transfer from the General Revenue Fund | ||||||
14 | to the Community
College Health Insurance Security Fund 1/12 of | ||||||
15 | the annual amount appropriated
for that fiscal year to the | ||||||
16 | State Comptroller for deposit into the Community
College Health | ||||||
17 | Insurance Security Fund under Section 1.4 of the State Pension
| ||||||
18 | Funds Continuing Appropriation Act.
| ||||||
19 | (e) Except where otherwise specified in this Section, the | ||||||
20 | definitions
that apply to Article 15 of the Illinois Pension | ||||||
21 | Code apply to this Section.
| ||||||
22 | (Source: P.A. 98-488, eff. 8-16-13 .)
| ||||||
23 | Section 35-10. The Illinois Pension Code is amended by | ||||||
24 | changing Section 17-127 as follows:
|
| |||||||
| |||||||
1 | (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
| ||||||
2 | Sec. 17-127. Financing; revenues for the Fund.
| ||||||
3 | (a) The revenues for the Fund shall consist of: (1) amounts | ||||||
4 | paid into
the Fund by contributors thereto and from employer | ||||||
5 | contributions and State
appropriations in accordance with this | ||||||
6 | Article; (2) amounts contributed to the
Fund by an Employer; | ||||||
7 | (3) amounts contributed to the Fund pursuant to any law
now in | ||||||
8 | force or hereafter to be enacted; (4) contributions from any | ||||||
9 | other
source; and (5) the earnings on investments.
| ||||||
10 | (b) The General Assembly finds that for many years the | ||||||
11 | State has
contributed to the Fund an annual amount that is | ||||||
12 | between 20% and 30% of the
amount of the annual State | ||||||
13 | contribution to the Article 16 retirement system,
and the | ||||||
14 | General Assembly declares that it is its goal and intention to | ||||||
15 | continue
this level of contribution to the Fund in the future.
| ||||||
16 | Beginning in State fiscal year 1999, subject to | ||||||
17 | appropriation, the State shall include in its annual
| ||||||
18 | contribution to the Fund an additional amount equal to 0.544% | ||||||
19 | of the Fund's
total teacher payroll; except that this | ||||||
20 | additional contribution need not be
made in a fiscal year if | ||||||
21 | the Board has certified in the previous fiscal year
that the | ||||||
22 | Fund is at least 90% funded, based on actuarial determinations. | ||||||
23 | These
additional State contributions are intended to offset a | ||||||
24 | portion of the cost to
the Fund of the increases in retirement | ||||||
25 | benefits resulting from this amendatory
Act of 1998.
| ||||||
26 | (Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98; |
| |||||||
| |||||||
1 | 90-582, eff.
5-27-98; 90-655, eff. 7-30-98.)
| ||||||
2 | Section 35-15. The State Pension Funds Continuing | ||||||
3 | Appropriation Act is amended by changing Sections 1.3 and 1.4 | ||||||
4 | as follows:
| ||||||
5 | (40 ILCS 15/1.3)
| ||||||
6 | Sec. 1.3. Appropriations for the Teacher Health Insurance | ||||||
7 | Security Fund.
Beginning in State fiscal year 1996 and | ||||||
8 | continuing through fiscal year 2017 , there is hereby | ||||||
9 | appropriated, on a
continuing annual basis, from the General | ||||||
10 | Revenue Fund to the State Comptroller
for deposit into the | ||||||
11 | Teacher Health Insurance Security Fund, an amount equal to
the | ||||||
12 | amount certified by the Board of Trustees of the Teachers' | ||||||
13 | Retirement
System of Illinois under subsection (c) of Section | ||||||
14 | 6.6 of the State Employees
Group Insurance Act of 1971 as the | ||||||
15 | estimated total amount of contributions to
be paid under | ||||||
16 | subsection (a) of that Section 6.6 in that fiscal year. | ||||||
17 | In addition to any other amounts that may be appropriated | ||||||
18 | for this purpose, in State fiscal years 2005 through 2007, | ||||||
19 | there is hereby appropriated, on a
continuing annual basis, | ||||||
20 | from the General Revenue Fund to the State Comptroller
for | ||||||
21 | deposit into the Teacher Health Insurance Security Fund, an | ||||||
22 | amount equal to $13,000,000 in each fiscal year.
| ||||||
23 | The
moneys appropriated under this Section 1.3 shall be | ||||||
24 | deposited into the Teacher
Health Insurance Security Fund and |
| |||||||
| |||||||
1 | used only for the purposes authorized in
Section 6.5 of the | ||||||
2 | State Employees Group Insurance Act of 1971.
| ||||||
3 | (Source: P.A. 93-679, eff. 6-30-04.)
| ||||||
4 | (40 ILCS 15/1.4)
| ||||||
5 | Sec. 1.4.
Appropriations for the Community College Health | ||||||
6 | Insurance
Security Fund. Beginning in State fiscal year 1999 | ||||||
7 | and continuing through fiscal year 2017 , there is hereby
| ||||||
8 | appropriated, on a continuing annual basis, from the General | ||||||
9 | Revenue Fund to
the State Comptroller for deposit into the | ||||||
10 | Community College Health Insurance
Security Fund, an amount | ||||||
11 | equal to the amount certified by the Board of Trustees
of the | ||||||
12 | State Universities Retirement System under subsection (c) of | ||||||
13 | Section
6.10 of the State Employees Group Insurance Act of 1971 | ||||||
14 | as the estimated total
amount of contributions to be paid under | ||||||
15 | subsection (a) of that Section 6.10 in
that fiscal year. The | ||||||
16 | moneys appropriated under this Section 1.4 shall be
deposited | ||||||
17 | into the Community College Health Insurance Security Fund and | ||||||
18 | used
only for the purposes authorized in Section 6.9 of the | ||||||
19 | State Employees Group
Insurance Act of 1971.
| ||||||
20 | (Source: P.A. 90-497, eff. 8-18-97.)
| ||||||
21 | ARTICLE 40. ENERGY EFFICIENCY PORTFOLIO STANDARDS PROGRAM | ||||||
22 | Section 40-5. The Public Utilities Act is amended by | ||||||
23 | changing Sections 8-103 and 8-104 as follows:
|
| |||||||
| |||||||
1 | (220 ILCS 5/8-103)
| ||||||
2 | Sec. 8-103. Energy efficiency and demand-response | ||||||
3 | measures. | ||||||
4 | (a) It is the policy of the State that electric utilities | ||||||
5 | are required to use cost-effective energy efficiency and | ||||||
6 | demand-response measures to reduce delivery load. Requiring | ||||||
7 | investment in cost-effective energy efficiency and | ||||||
8 | demand-response measures will reduce direct and indirect costs | ||||||
9 | to consumers by decreasing environmental impacts and by | ||||||
10 | avoiding or delaying the need for new generation, transmission, | ||||||
11 | and distribution infrastructure. It serves the public interest | ||||||
12 | to allow electric utilities to recover costs for reasonably and | ||||||
13 | prudently incurred expenses for energy efficiency and | ||||||
14 | demand-response measures. As used in this Section, | ||||||
15 | "cost-effective" means that the measures satisfy the total | ||||||
16 | resource cost test. The low-income measures described in | ||||||
17 | subsection (f)(4) of this Section shall not be required to meet | ||||||
18 | the total resource cost test. For purposes of this Section, the | ||||||
19 | terms "energy-efficiency", "demand-response", "electric | ||||||
20 | utility", and "total resource cost test" shall have the | ||||||
21 | meanings set forth in the Illinois Power Agency Act. For | ||||||
22 | purposes of this Section, the amount per kilowatthour means the | ||||||
23 | total amount paid for electric service expressed on a per | ||||||
24 | kilowatthour basis. For purposes of this Section, the total | ||||||
25 | amount paid for electric service includes without limitation |
| |||||||
| |||||||
1 | estimated amounts paid for supply, transmission, distribution, | ||||||
2 | surcharges, and add-on-taxes. | ||||||
3 | (a-5) This Section applies to electric utilities serving | ||||||
4 | 500,000 or less but more than 200,000 retail customers in this | ||||||
5 | State. Through December 31, 2017, this Section also applies to | ||||||
6 | electric utilities serving more than 500,000 retail customers | ||||||
7 | in the State. | ||||||
8 | (b) Electric utilities shall implement cost-effective | ||||||
9 | energy efficiency measures to meet the following incremental | ||||||
10 | annual energy savings goals: | ||||||
11 | (1) 0.2% of energy delivered in the year commencing | ||||||
12 | June 1, 2008; | ||||||
13 | (2) 0.4% of energy delivered in the year commencing | ||||||
14 | June 1, 2009; | ||||||
15 | (3) 0.6% of energy delivered in the year commencing | ||||||
16 | June 1, 2010; | ||||||
17 | (4) 0.8% of energy delivered in the year commencing | ||||||
18 | June 1, 2011; | ||||||
19 | (5) 1% of energy delivered in the year commencing June | ||||||
20 | 1, 2012; | ||||||
21 | (6) 1.4% of energy delivered in the year commencing | ||||||
22 | June 1, 2013; | ||||||
23 | (7) 1.8% of energy delivered in the year commencing | ||||||
24 | June 1, 2014; and | ||||||
25 | (8) 2% of energy delivered in the year commencing June | ||||||
26 | 1, 2015 and each year thereafter. |
| |||||||
| |||||||
1 | Electric utilities may comply with this subsection (b) by | ||||||
2 | meeting the annual incremental savings goal in the applicable | ||||||
3 | year or by showing that the total cumulative annual savings | ||||||
4 | within a 3-year planning period associated with measures | ||||||
5 | implemented after May 31, 2014 was equal to the sum of each | ||||||
6 | annual incremental savings requirement from May 31, 2014 | ||||||
7 | through the end of the applicable year. | ||||||
8 | (c) Electric utilities shall implement cost-effective | ||||||
9 | demand-response measures to reduce peak demand by 0.1% over the | ||||||
10 | prior year for eligible retail customers, as defined in Section | ||||||
11 | 16-111.5 of this Act, and for customers that elect hourly | ||||||
12 | service from the utility pursuant to Section 16-107 of this | ||||||
13 | Act, provided those customers have not been declared | ||||||
14 | competitive. This requirement commences June 1, 2008 and | ||||||
15 | continues for 10 years. | ||||||
16 | (d) Notwithstanding the requirements of subsections (b) | ||||||
17 | and (c) of this Section, an electric utility shall reduce the | ||||||
18 | amount of energy efficiency and demand-response measures | ||||||
19 | implemented over a 3-year planning period by an amount | ||||||
20 | necessary to limit the estimated average annual increase in the | ||||||
21 | amounts paid by retail customers in connection with electric | ||||||
22 | service due to the cost of those measures to: | ||||||
23 | (1) in 2008, no more than 0.5% of the amount paid per | ||||||
24 | kilowatthour by those customers during the year ending May | ||||||
25 | 31, 2007; | ||||||
26 | (2) in 2009, the greater of an additional 0.5% of the |
| |||||||
| |||||||
1 | amount paid per kilowatthour by those customers during the | ||||||
2 | year ending May 31, 2008 or 1% of the amount paid per | ||||||
3 | kilowatthour by those customers during the year ending May | ||||||
4 | 31, 2007; | ||||||
5 | (3) in 2010, the greater of an additional 0.5% of the | ||||||
6 | amount paid per kilowatthour by those customers during the | ||||||
7 | year ending May 31, 2009 or 1.5% of the amount paid per | ||||||
8 | kilowatthour by those customers during the year ending May | ||||||
9 | 31, 2007; | ||||||
10 | (4) in 2011, the greater of an additional 0.5% of the | ||||||
11 | amount paid per kilowatthour by those customers during the | ||||||
12 | year ending May 31, 2010 or 2% of the amount paid per | ||||||
13 | kilowatthour by those customers during the year ending May | ||||||
14 | 31, 2007; and
| ||||||
15 | (5) thereafter, the amount of energy efficiency and | ||||||
16 | demand-response measures implemented for any single year | ||||||
17 | shall be reduced by an amount necessary to limit the | ||||||
18 | estimated average net increase due to the cost of these | ||||||
19 | measures included in the amounts paid by eligible retail | ||||||
20 | customers in connection with electric service to no more | ||||||
21 | than the greater of 2.015% of the amount paid per | ||||||
22 | kilowatthour by those customers during the year ending May | ||||||
23 | 31, 2007 or the incremental amount per kilowatthour paid | ||||||
24 | for these measures in 2011.
| ||||||
25 | No later than June 30, 2011, the Commission shall review | ||||||
26 | the limitation on the amount of energy efficiency and |
| |||||||
| |||||||
1 | demand-response measures implemented pursuant to this Section | ||||||
2 | and report to the General Assembly its findings as to whether | ||||||
3 | that limitation unduly constrains the procurement of energy | ||||||
4 | efficiency and demand-response measures. | ||||||
5 | (e) Electric utilities shall be responsible for overseeing | ||||||
6 | the design, development, and filing of energy efficiency and | ||||||
7 | demand-response plans with the Commission. Electric utilities | ||||||
8 | shall implement 100% of the demand-response measures in the | ||||||
9 | plans. Electric utilities shall implement 75% of the energy | ||||||
10 | efficiency measures approved by the Commission, and may, as | ||||||
11 | part of that implementation, outsource various aspects of | ||||||
12 | program development and implementation. The remaining 25% of | ||||||
13 | those energy efficiency measures approved by the Commission | ||||||
14 | shall be implemented by the Department of Commerce and Economic | ||||||
15 | Opportunity, and must be designed in conjunction with the | ||||||
16 | utility and the filing process. The Department may outsource | ||||||
17 | development and implementation of energy efficiency measures. | ||||||
18 | A minimum of 10% of the entire portfolio of cost-effective | ||||||
19 | energy efficiency measures shall be procured from units of | ||||||
20 | local government, municipal corporations, school districts, | ||||||
21 | and community college districts. The Department shall | ||||||
22 | coordinate the implementation of these measures. | ||||||
23 | The apportionment of the dollars to cover the costs to | ||||||
24 | implement the Department's share of the portfolio of energy | ||||||
25 | efficiency measures shall be made to the Department once the | ||||||
26 | Department has executed rebate agreements, grants, or |
| |||||||
| |||||||
1 | contracts for energy efficiency measures and provided | ||||||
2 | supporting documentation for those rebate agreements, grants, | ||||||
3 | and contracts to the utility. The Department is authorized to | ||||||
4 | adopt any rules necessary and prescribe procedures in order to | ||||||
5 | ensure compliance by applicants in carrying out the purposes of | ||||||
6 | rebate agreements for energy efficiency measures implemented | ||||||
7 | by the Department made under this Section. | ||||||
8 | The details of the measures implemented by the Department | ||||||
9 | shall be submitted by the Department to the Commission in | ||||||
10 | connection with the utility's filing regarding the energy | ||||||
11 | efficiency and demand-response measures that the utility | ||||||
12 | implements. | ||||||
13 | A utility providing approved energy efficiency and | ||||||
14 | demand-response measures in the State shall be permitted to | ||||||
15 | recover costs of those measures through an automatic adjustment | ||||||
16 | clause tariff filed with and approved by the Commission. The | ||||||
17 | tariff shall be established outside the context of a general | ||||||
18 | rate case. Each year the Commission shall initiate a review to | ||||||
19 | reconcile any amounts collected with the actual costs and to | ||||||
20 | determine the required adjustment to the annual tariff factor | ||||||
21 | to match annual expenditures. | ||||||
22 | Each utility shall include, in its recovery of costs, the | ||||||
23 | costs estimated for both the utility's and the Department's | ||||||
24 | implementation of energy efficiency and demand-response | ||||||
25 | measures. Costs collected by the utility for measures | ||||||
26 | implemented by the Department shall be submitted to the |
| |||||||
| |||||||
1 | Department pursuant to Section 605-323 of the Civil | ||||||
2 | Administrative Code of Illinois, shall be deposited into the | ||||||
3 | Energy Efficiency Portfolio Standards Fund, and shall be used | ||||||
4 | by the Department solely for the purpose of implementing these | ||||||
5 | measures. A utility shall not be required to advance any moneys | ||||||
6 | to the Department but only to forward such funds as it has | ||||||
7 | collected. The Department shall report to the Commission on an | ||||||
8 | annual basis regarding the costs actually incurred by the | ||||||
9 | Department in the implementation of the measures. Any changes | ||||||
10 | to the costs of energy efficiency measures as a result of plan | ||||||
11 | modifications shall be appropriately reflected in amounts | ||||||
12 | recovered by the utility and turned over to the Department. | ||||||
13 | The portfolio of measures, administered by both the | ||||||
14 | utilities and the Department, shall, in combination, be | ||||||
15 | designed to achieve the annual savings targets described in | ||||||
16 | subsections (b) and (c) of this Section, as modified by | ||||||
17 | subsection (d) of this Section. | ||||||
18 | The utility and the Department shall agree upon a | ||||||
19 | reasonable portfolio of measures and determine the measurable | ||||||
20 | corresponding percentage of the savings goals associated with | ||||||
21 | measures implemented by the utility or Department. | ||||||
22 | No utility shall be assessed a penalty under subsection (f) | ||||||
23 | of this Section for failure to make a timely filing if that | ||||||
24 | failure is the result of a lack of agreement with the | ||||||
25 | Department with respect to the allocation of responsibilities | ||||||
26 | or related costs or target assignments. In that case, the |
| |||||||
| |||||||
1 | Department and the utility shall file their respective plans | ||||||
2 | with the Commission and the Commission shall determine an | ||||||
3 | appropriate division of measures and programs that meets the | ||||||
4 | requirements of this Section. | ||||||
5 | If the Department is unable to meet incremental annual | ||||||
6 | performance goals for the portion of the portfolio implemented | ||||||
7 | by the Department, then the utility and the Department shall | ||||||
8 | jointly submit a modified filing to the Commission explaining | ||||||
9 | the performance shortfall and recommending an appropriate | ||||||
10 | course going forward, including any program modifications that | ||||||
11 | may be appropriate in light of the evaluations conducted under | ||||||
12 | item (7) of subsection (f) of this Section. In this case, the | ||||||
13 | utility obligation to collect the Department's costs and turn | ||||||
14 | over those funds to the Department under this subsection (e) | ||||||
15 | shall continue only if the Commission approves the | ||||||
16 | modifications to the plan proposed by the Department. | ||||||
17 | (f) No later than November 15, 2007, each electric utility | ||||||
18 | shall file an energy efficiency and demand-response plan with | ||||||
19 | the Commission to meet the energy efficiency and | ||||||
20 | demand-response standards for 2008 through 2010. No later than | ||||||
21 | October 1, 2010, each electric utility shall file an energy | ||||||
22 | efficiency and demand-response plan with the Commission to meet | ||||||
23 | the energy efficiency and demand-response standards for 2011 | ||||||
24 | through 2013. Every 3 years thereafter, each electric utility | ||||||
25 | shall file, no later than September 1, an energy efficiency and | ||||||
26 | demand-response plan with the Commission. If a utility does not |
| |||||||
| |||||||
1 | file such a plan by September 1 of an applicable year, it shall | ||||||
2 | face a penalty of $100,000 per day until the plan is filed. | ||||||
3 | Each utility's plan shall set forth the utility's proposals to | ||||||
4 | meet the utility's portion of the energy efficiency standards | ||||||
5 | identified in subsection (b) and the demand-response standards | ||||||
6 | identified in subsection (c) of this Section as modified by | ||||||
7 | subsections (d) and (e), taking into account the unique | ||||||
8 | circumstances of the utility's service territory. The | ||||||
9 | Commission shall seek public comment on the utility's plan and | ||||||
10 | shall issue an order approving or disapproving each plan within | ||||||
11 | 5 months after its submission. If the Commission disapproves a | ||||||
12 | plan, the Commission shall, within 30 days, describe in detail | ||||||
13 | the reasons for the disapproval and describe a path by which | ||||||
14 | the utility may file a revised draft of the plan to address the | ||||||
15 | Commission's concerns satisfactorily. If the utility does not | ||||||
16 | refile with the Commission within 60 days, the utility shall be | ||||||
17 | subject to penalties at a rate of $100,000 per day until the | ||||||
18 | plan is filed. This process shall continue, and penalties shall | ||||||
19 | accrue, until the utility has successfully filed a portfolio of | ||||||
20 | energy efficiency and demand-response measures. Penalties | ||||||
21 | shall be deposited into the Energy Efficiency Trust Fund. In | ||||||
22 | submitting proposed energy efficiency and demand-response | ||||||
23 | plans and funding levels to meet the savings goals adopted by | ||||||
24 | this Act the utility shall: | ||||||
25 | (1) Demonstrate that its proposed energy efficiency | ||||||
26 | and demand-response measures will achieve the requirements |
| |||||||
| |||||||
1 | that are identified in subsections (b) and (c) of this | ||||||
2 | Section, as modified by subsections (d) and (e). | ||||||
3 | (2) Present specific proposals to implement new | ||||||
4 | building and appliance standards that have been placed into | ||||||
5 | effect. | ||||||
6 | (3) Present estimates of the total amount paid for | ||||||
7 | electric service expressed on a per kilowatthour basis | ||||||
8 | associated with the proposed portfolio of measures | ||||||
9 | designed to meet the requirements that are identified in | ||||||
10 | subsections (b) and (c) of this Section, as modified by | ||||||
11 | subsections (d) and (e). | ||||||
12 | (4) Coordinate with the Department to present a | ||||||
13 | portfolio of energy efficiency measures proportionate to | ||||||
14 | the share of total annual utility revenues in Illinois from | ||||||
15 | households at or below 150% of the poverty level. The | ||||||
16 | energy efficiency programs shall be targeted to households | ||||||
17 | with incomes at or below 80% of area median income. | ||||||
18 | (5) Demonstrate that its overall portfolio of energy | ||||||
19 | efficiency and demand-response measures, not including | ||||||
20 | programs covered by item (4) of this subsection (f), are | ||||||
21 | cost-effective using the total resource cost test and | ||||||
22 | represent a diverse cross-section of opportunities for | ||||||
23 | customers of all rate classes to participate in the | ||||||
24 | programs. | ||||||
25 | (6) Include a proposed cost-recovery tariff mechanism | ||||||
26 | to fund the proposed energy efficiency and demand-response |
| |||||||
| |||||||
1 | measures and to ensure the recovery of the prudently and | ||||||
2 | reasonably incurred costs of Commission-approved programs. | ||||||
3 | (7) Provide for an annual independent evaluation of the | ||||||
4 | performance of the cost-effectiveness of the utility's | ||||||
5 | portfolio of measures and the Department's portfolio of | ||||||
6 | measures, as well as a full review of the 3-year results of | ||||||
7 | the broader net program impacts and, to the extent | ||||||
8 | practical, for adjustment of the measures on a | ||||||
9 | going-forward basis as a result of the evaluations. The | ||||||
10 | resources dedicated to evaluation shall not exceed 3% of | ||||||
11 | portfolio resources in any given year. | ||||||
12 | (g) No more than 3% of energy efficiency and | ||||||
13 | demand-response program revenue may be allocated for | ||||||
14 | demonstration of breakthrough equipment and devices. | ||||||
15 | (h) This Section does not apply to an electric utility that | ||||||
16 | on December 31, 2005 provided electric service to fewer than | ||||||
17 | 100,000 customers in Illinois. | ||||||
18 | (i) If, after 2 years, an electric utility fails to meet | ||||||
19 | the efficiency standard specified in subsection (b) of this | ||||||
20 | Section, as modified by subsections (d) and (e), it shall make | ||||||
21 | a contribution to the Low-Income Home Energy Assistance | ||||||
22 | Program. The combined total liability for failure to meet the | ||||||
23 | goal shall be $1,000,000, which shall be assessed as follows: a | ||||||
24 | large electric utility shall pay $665,000, and a medium | ||||||
25 | electric utility shall pay $335,000. If, after 3 years, an | ||||||
26 | electric utility fails to meet the efficiency standard |
| |||||||
| |||||||
1 | specified in subsection (b) of this Section, as modified by | ||||||
2 | subsections (d) and (e), it shall make a contribution to the | ||||||
3 | Low-Income Home Energy Assistance Program. The combined total | ||||||
4 | liability for failure to meet the goal shall be $1,000,000, | ||||||
5 | which shall be assessed as follows: a large electric utility | ||||||
6 | shall pay $665,000, and a medium electric utility shall pay | ||||||
7 | $335,000. In addition, the responsibility for implementing the | ||||||
8 | energy efficiency measures of the utility making the payment | ||||||
9 | shall be transferred to the Illinois Power Agency if, after 3 | ||||||
10 | years, or in any subsequent 3-year period, the utility fails to | ||||||
11 | meet the efficiency standard specified in subsection (b) of | ||||||
12 | this Section, as modified by subsections (d) and (e). The | ||||||
13 | Agency shall implement a competitive procurement program to | ||||||
14 | procure resources necessary to meet the standards specified in | ||||||
15 | this Section as modified by subsections (d) and (e), with costs | ||||||
16 | for those resources to be recovered in the same manner as | ||||||
17 | products purchased through the procurement plan as provided in | ||||||
18 | Section 16-111.5. The Director shall implement this | ||||||
19 | requirement in connection with the procurement plan as provided | ||||||
20 | in Section 16-111.5. | ||||||
21 | For purposes of this Section, (i) a "large electric | ||||||
22 | utility" is an electric utility that, on December 31, 2005, | ||||||
23 | served more than 2,000,000 electric customers in Illinois; (ii) | ||||||
24 | a "medium electric utility" is an electric utility that, on | ||||||
25 | December 31, 2005, served 2,000,000 or fewer but more than | ||||||
26 | 100,000 electric customers in Illinois; and (iii) Illinois |
| |||||||
| |||||||
1 | electric utilities that are affiliated by virtue of a common | ||||||
2 | parent company are considered a single electric utility. | ||||||
3 | (j) If, after 3 years, or any subsequent 3-year period, the | ||||||
4 | Department fails to implement the Department's share of energy | ||||||
5 | efficiency measures required by the standards in subsection | ||||||
6 | (b), then the Illinois Power Agency may assume responsibility | ||||||
7 | for and control of the Department's share of the required | ||||||
8 | energy efficiency measures. The Agency shall implement a | ||||||
9 | competitive procurement program to procure resources necessary | ||||||
10 | to meet the standards specified in this Section, with the costs | ||||||
11 | of these resources to be recovered in the same manner as | ||||||
12 | provided for the Department in this Section.
| ||||||
13 | (k) No electric utility shall be deemed to have failed to | ||||||
14 | meet the energy efficiency standards to the extent any such | ||||||
15 | failure is due to a failure of the Department or the Agency.
| ||||||
16 | (l)(1) With the exception of the energy efficiency and | ||||||
17 | demand-response plan previously filed by the Department, the | ||||||
18 | The energy efficiency and demand-response plans of electric | ||||||
19 | utilities serving more than 500,000 retail customers in the | ||||||
20 | State that were approved by the Commission on or before the | ||||||
21 | effective date of this amendatory Act of the 99th General | ||||||
22 | Assembly for the period June 1, 2014 through May 31, 2017 shall | ||||||
23 | continue to be in force and effect through December 31, 2017 so | ||||||
24 | that the energy efficiency programs set forth in those plans | ||||||
25 | continue to be offered during the period June 1, 2017 through | ||||||
26 | December 31, 2017. Each such utility is authorized to increase, |
| |||||||
| |||||||
1 | on a pro rata basis, the energy savings goals and budgets | ||||||
2 | approved in its plan to reflect the additional 7 months of the | ||||||
3 | plan's operation, provided that such increase shall also | ||||||
4 | incorporate reductions to goals and budgets to reflect the | ||||||
5 | proportion of the utility's load attributable to customers who | ||||||
6 | are exempt from this Section under subsection (m) of this | ||||||
7 | Section. The energy efficiency and demand-response plan filed | ||||||
8 | by the Department that was approved by the Commission on or | ||||||
9 | before the effective date of this amendatory Act of the 100th | ||||||
10 | General Assembly for the period of June 1, 2014 through May 31, | ||||||
11 | 2017 shall expire on May 31, 2017. From June 1, 2017 through | ||||||
12 | December 31, 2017 the electric utilities shall be responsible | ||||||
13 | for offering and administering the programs previously offered | ||||||
14 | and administered by the Department. | ||||||
15 | (2) If an electric utility serving more than 500,000 retail | ||||||
16 | customers in the State filed with the Commission, under | ||||||
17 | subsection (f) of this Section, its proposed energy efficiency | ||||||
18 | and demand-response plan for the period June 1, 2017 through | ||||||
19 | May 31, 2020, and the Commission has not yet entered its final | ||||||
20 | order approving such plan on or before the effective date of | ||||||
21 | this amendatory Act of the 99th General Assembly, then the | ||||||
22 | utility shall file a notice of withdrawal with the Commission, | ||||||
23 | following such effective date, to withdraw the proposed energy | ||||||
24 | efficiency and demand-response plan. Upon receipt of such | ||||||
25 | notice, the Commission shall dismiss with prejudice any docket | ||||||
26 | that had been initiated to investigate such plan, and the plan |
| |||||||
| |||||||
1 | and the record related thereto shall not be the subject of any | ||||||
2 | further hearing, investigation, or proceeding of any kind. | ||||||
3 | (3) For those electric utilities that serve more than | ||||||
4 | 500,000 retail customers in the State, this amendatory Act of | ||||||
5 | the 99th General Assembly preempts and supersedes any orders | ||||||
6 | entered by the Commission that approved such utilities' energy | ||||||
7 | efficiency and demand response plans for the period commencing | ||||||
8 | June 1, 2017 and ending May 31, 2020. Any such orders shall be | ||||||
9 | void, and the provisions of paragraph (1) of this subsection | ||||||
10 | (l) shall apply. | ||||||
11 | (m) Notwithstanding anything to the contrary, after May 31, | ||||||
12 | 2017, this Section does not apply to any retail customers of an | ||||||
13 | electric utility that serves more than 3,000,000 retail | ||||||
14 | customers in the State and whose total highest 30 minute demand | ||||||
15 | was more than 10,000 kilowatts, or any retail customers of an | ||||||
16 | electric utility that serves less than 3,000,000 retail | ||||||
17 | customers but more than 500,000 retail customers in the State | ||||||
18 | and whose total highest 15 minute demand was more than 10,000 | ||||||
19 | kilowatts. For purposes of this subsection (m), "retail | ||||||
20 | customer" has the meaning set forth in Section 16-102 of this | ||||||
21 | Act. The criteria for determining whether this subsection (m) | ||||||
22 | is applicable to a retail customer shall be based on the 12 | ||||||
23 | consecutive billing periods prior to the start of the first | ||||||
24 | year of each such multi-year plan. | ||||||
25 | (Source: P.A. 98-90, eff. 7-15-13; 99-906, eff. 6-1-17.)
|
| |||||||
| |||||||
1 | (220 ILCS 5/8-104)
| ||||||
2 | (Text of Section after amendment by P.A. 99-906 ) | ||||||
3 | Sec. 8-104. Natural gas energy efficiency programs. | ||||||
4 | (a) It is the policy of the State that natural gas | ||||||
5 | utilities and the Department of Commerce and Economic | ||||||
6 | Opportunity are required to use cost-effective energy | ||||||
7 | efficiency to reduce direct and indirect costs to consumers. It | ||||||
8 | serves the public interest to allow natural gas utilities to | ||||||
9 | recover costs for reasonably and prudently incurred expenses | ||||||
10 | for cost-effective energy efficiency measures. | ||||||
11 | (b) For purposes of this Section, "energy efficiency" means | ||||||
12 | measures that reduce the amount of energy required to achieve a | ||||||
13 | given end use. "Energy efficiency" also includes measures that | ||||||
14 | reduce the total Btus of electricity and natural gas needed to | ||||||
15 | meet the end use or uses. "Cost-effective" means that the | ||||||
16 | measures satisfy the total resource cost test which, for | ||||||
17 | purposes of this Section, means a standard that is met if, for | ||||||
18 | an investment in energy efficiency, the benefit-cost ratio is | ||||||
19 | greater than one. The benefit-cost ratio is the ratio of the | ||||||
20 | net present value of the total benefits of the measures to the | ||||||
21 | net present value of the total costs as calculated over the | ||||||
22 | lifetime of the measures. The total resource cost test compares | ||||||
23 | the sum of avoided natural gas utility costs, representing the | ||||||
24 | benefits that accrue to the system and the participant in the | ||||||
25 | delivery of those efficiency measures, as well as other | ||||||
26 | quantifiable societal benefits, including avoided electric |
| |||||||
| |||||||
1 | utility costs, to the sum of all incremental costs of end use | ||||||
2 | measures (including both utility and participant | ||||||
3 | contributions), plus costs to administer, deliver, and | ||||||
4 | evaluate each demand-side measure, to quantify the net savings | ||||||
5 | obtained by substituting demand-side measures for supply | ||||||
6 | resources. In calculating avoided costs, reasonable estimates | ||||||
7 | shall be included for financial costs likely to be imposed by | ||||||
8 | future regulation of emissions of greenhouse gases. The | ||||||
9 | low-income programs described in item (4) of subsection (f) of | ||||||
10 | this Section shall not be required to meet the total resource | ||||||
11 | cost test. | ||||||
12 | (c) Natural gas utilities shall implement cost-effective | ||||||
13 | energy efficiency measures to meet at least the following | ||||||
14 | natural gas savings requirements, which shall be based upon the | ||||||
15 | total amount of gas delivered to retail customers, other than | ||||||
16 | the customers described in subsection (m) of this Section, | ||||||
17 | during calendar year 2009 multiplied by the applicable | ||||||
18 | percentage. Natural gas utilities may comply with this Section | ||||||
19 | by meeting the annual incremental savings goal in the | ||||||
20 | applicable year or by showing that total cumulative annual | ||||||
21 | savings within a multi-year planning period associated with | ||||||
22 | measures implemented after May 31, 2011 were equal to the sum | ||||||
23 | of each annual incremental savings requirement from the first | ||||||
24 | day of the multi-year planning period through the last day of | ||||||
25 | the multi-year planning period: | ||||||
26 | (1) 0.2% by May 31, 2012; |
| |||||||
| |||||||
1 | (2) an additional 0.4% by May 31, 2013, increasing | ||||||
2 | total savings to .6%; | ||||||
3 | (3) an additional 0.6% by May 31, 2014, increasing | ||||||
4 | total savings to 1.2%; | ||||||
5 | (4) an additional 0.8% by May 31, 2015, increasing | ||||||
6 | total savings to 2.0%; | ||||||
7 | (5) an additional 1% by May 31, 2016, increasing total | ||||||
8 | savings to 3.0%; | ||||||
9 | (6) an additional 1.2% by May 31, 2017, increasing | ||||||
10 | total savings to 4.2%; | ||||||
11 | (7) an additional 1.4% in the year commencing January | ||||||
12 | 1, 2018; | ||||||
13 | (8) an additional 1.5% in the year commencing January | ||||||
14 | 1, 2019; and | ||||||
15 | (9) an additional 1.5% in each 12-month period | ||||||
16 | thereafter. | ||||||
17 | (d) Notwithstanding the requirements of subsection (c) of | ||||||
18 | this Section, a natural gas utility shall limit the amount of | ||||||
19 | energy efficiency implemented in any multi-year reporting | ||||||
20 | period established by subsection (f) of Section 8-104 of this | ||||||
21 | Act, by an amount necessary to limit the estimated average | ||||||
22 | increase in the amounts paid by retail customers in connection | ||||||
23 | with natural gas service to no more than 2% in the applicable | ||||||
24 | multi-year reporting period. The energy savings requirements | ||||||
25 | in subsection (c) of this Section may be reduced by the | ||||||
26 | Commission for the subject plan, if the utility demonstrates by |
| |||||||
| |||||||
1 | substantial evidence that it is highly unlikely that the | ||||||
2 | requirements could be achieved without exceeding the | ||||||
3 | applicable spending limits in any multi-year reporting period. | ||||||
4 | No later than September 1, 2013, the Commission shall review | ||||||
5 | the limitation on the amount of energy efficiency measures | ||||||
6 | implemented pursuant to this Section and report to the General | ||||||
7 | Assembly, in the report required by subsection (k) of this | ||||||
8 | Section, its findings as to whether that limitation unduly | ||||||
9 | constrains the procurement of energy efficiency measures. | ||||||
10 | (e) The provisions of this subsection (e) apply to those | ||||||
11 | multi-year plans that commence prior to January 1, 2018. The | ||||||
12 | utility shall utilize 75% of the available funding associated | ||||||
13 | with energy efficiency programs approved by the Commission, and | ||||||
14 | may outsource various aspects of program development and | ||||||
15 | implementation. The remaining 25% of available funding shall be | ||||||
16 | used by the Department of Commerce and Economic Opportunity to | ||||||
17 | implement energy efficiency measures that achieve no less than | ||||||
18 | 20% of the requirements of subsection (c) of this Section. Such | ||||||
19 | measures shall be designed in conjunction with the utility and | ||||||
20 | approved by the Commission. The Department may outsource | ||||||
21 | development and implementation of energy efficiency measures. | ||||||
22 | A minimum of 10% of the entire portfolio of cost-effective | ||||||
23 | energy efficiency measures shall be procured from local | ||||||
24 | government, municipal corporations, school districts, and | ||||||
25 | community college districts. Five percent of the entire | ||||||
26 | portfolio of cost-effective energy efficiency measures may be |
| |||||||
| |||||||
1 | granted to local government and municipal corporations for | ||||||
2 | market transformation initiatives. The Department shall | ||||||
3 | coordinate the implementation of these measures and shall | ||||||
4 | integrate delivery of natural gas efficiency programs with | ||||||
5 | electric efficiency programs delivered pursuant to Section | ||||||
6 | 8-103 of this Act, unless the Department can show that | ||||||
7 | integration is not feasible. | ||||||
8 | The apportionment of the dollars to cover the costs to | ||||||
9 | implement the Department's share of the portfolio of energy | ||||||
10 | efficiency measures shall be made to the Department once the | ||||||
11 | Department has executed rebate agreements, grants, or | ||||||
12 | contracts for energy efficiency measures and provided | ||||||
13 | supporting documentation for those rebate agreements, grants, | ||||||
14 | and contracts to the utility. The Department is authorized to | ||||||
15 | adopt any rules necessary and prescribe procedures in order to | ||||||
16 | ensure compliance by applicants in carrying out the purposes of | ||||||
17 | rebate agreements for energy efficiency measures implemented | ||||||
18 | by the Department made under this Section. | ||||||
19 | The details of the measures implemented by the Department | ||||||
20 | shall be submitted by the Department to the Commission in | ||||||
21 | connection with the utility's filing regarding the energy | ||||||
22 | efficiency measures that the utility implements. | ||||||
23 | The portfolio of measures, administered by both the | ||||||
24 | utilities and the Department, shall, in combination, be | ||||||
25 | designed to achieve the annual energy savings requirements set | ||||||
26 | forth in subsection (c) of this Section, as modified by |
| |||||||
| |||||||
1 | subsection (d) of this Section. | ||||||
2 | The utility and the Department shall agree upon a | ||||||
3 | reasonable portfolio of measures and determine the measurable | ||||||
4 | corresponding percentage of the savings goals associated with | ||||||
5 | measures implemented by the Department. | ||||||
6 | No utility shall be assessed a penalty under subsection (f) | ||||||
7 | of this Section for failure to make a timely filing if that | ||||||
8 | failure is the result of a lack of agreement with the | ||||||
9 | Department with respect to the allocation of responsibilities | ||||||
10 | or related costs or target assignments. In that case, the | ||||||
11 | Department and the utility shall file their respective plans | ||||||
12 | with the Commission and the Commission shall determine an | ||||||
13 | appropriate division of measures and programs that meets the | ||||||
14 | requirements of this Section. | ||||||
15 | (e-5) The provisions of this subsection (e-5) shall be | ||||||
16 | applicable to those multi-year plans that commence after | ||||||
17 | December 31, 2017. Natural gas utilities shall be responsible | ||||||
18 | for overseeing the design, development, and filing of their | ||||||
19 | efficiency plans with the Commission and may outsource | ||||||
20 | development and implementation of energy efficiency measures. | ||||||
21 | A minimum of 10% of the entire portfolio of cost-effective | ||||||
22 | energy efficiency measures shall be procured from local | ||||||
23 | government, municipal corporations, school districts, and | ||||||
24 | community college districts. Five percent of the entire | ||||||
25 | portfolio of cost-effective energy efficiency measures may be | ||||||
26 | granted to local government and municipal corporations for |
| |||||||
| |||||||
1 | market transformation initiatives. | ||||||
2 | The utilities shall also present a portfolio of energy | ||||||
3 | efficiency measures proportionate to the share of total annual | ||||||
4 | utility revenues in Illinois from households at or below 150% | ||||||
5 | of the poverty level. Such programs shall be targeted to | ||||||
6 | households with incomes at or below 80% of area median income. | ||||||
7 | (e-10) A utility providing approved energy efficiency | ||||||
8 | measures in this State shall be permitted to recover costs of | ||||||
9 | those measures through an automatic adjustment clause tariff | ||||||
10 | filed with and approved by the Commission. The tariff shall be | ||||||
11 | established outside the context of a general rate case and | ||||||
12 | shall be applicable to the utility's customers other than the | ||||||
13 | customers described in subsection (m) of this Section. Each | ||||||
14 | year the Commission shall initiate a review to reconcile any | ||||||
15 | amounts collected with the actual costs and to determine the | ||||||
16 | required adjustment to the annual tariff factor to match annual | ||||||
17 | expenditures. | ||||||
18 | (e-15) For those multi-year plans that commence prior to | ||||||
19 | January 1, 2018, each utility shall include, in its recovery of | ||||||
20 | costs, the costs estimated for both the utility's and the | ||||||
21 | Department's implementation of energy efficiency measures. | ||||||
22 | Costs collected by the utility for measures implemented by the | ||||||
23 | Department shall be submitted to the Department pursuant to | ||||||
24 | Section 605-323 of the Civil Administrative Code of Illinois, | ||||||
25 | shall be deposited into the Energy Efficiency Portfolio | ||||||
26 | Standards Fund, and shall be used by the Department solely for |
| |||||||
| |||||||
1 | the purpose of implementing these measures. A utility shall not | ||||||
2 | be required to advance any moneys to the Department but only to | ||||||
3 | forward such funds as it has collected. The Department shall | ||||||
4 | report to the Commission on an annual basis regarding the costs | ||||||
5 | actually incurred by the Department in the implementation of | ||||||
6 | the measures. Any changes to the costs of energy efficiency | ||||||
7 | measures as a result of plan modifications shall be | ||||||
8 | appropriately reflected in amounts recovered by the utility and | ||||||
9 | turned over to the Department. | ||||||
10 | (f) No later than October 1, 2010, each gas utility shall | ||||||
11 | file an energy efficiency plan with the Commission to meet the | ||||||
12 | energy efficiency standards through May 31, 2014. No later than | ||||||
13 | October 1, 2013, each gas utility shall file an energy | ||||||
14 | efficiency plan with the Commission to meet the energy | ||||||
15 | efficiency standards through May 31, 2017. Beginning in 2017 | ||||||
16 | and every 4 years thereafter, each utility shall file an energy | ||||||
17 | efficiency plan with the Commission to meet the energy | ||||||
18 | efficiency standards for the next applicable 4-year period | ||||||
19 | beginning January 1 of the year following the filing. For those | ||||||
20 | multi-year plans commencing on January 1, 2018, each utility | ||||||
21 | shall file its proposed energy efficiency plan no later than 30 | ||||||
22 | days after the effective date of this amendatory Act of the | ||||||
23 | 99th General Assembly or May 1, 2017, whichever is later. | ||||||
24 | Beginning in 2021 and every 4 years thereafter, each utility | ||||||
25 | shall file its energy efficiency plan no later than March 1. If | ||||||
26 | a utility does not file such a plan on or before the applicable |
| |||||||
| |||||||
1 | filing deadline for the plan, then it shall face a penalty of | ||||||
2 | $100,000 per day until the plan is filed. | ||||||
3 | Each utility's plan shall set forth the utility's proposals | ||||||
4 | to meet the utility's portion of the energy efficiency | ||||||
5 | standards identified in subsection (c) of this Section, as | ||||||
6 | modified by subsection (d) of this Section, taking into account | ||||||
7 | the unique circumstances of the utility's service territory. | ||||||
8 | For those plans commencing after December 31, 2021, the | ||||||
9 | Commission shall seek public comment on the utility's plan and | ||||||
10 | shall issue an order approving or disapproving each plan within | ||||||
11 | 6 months after its submission. For those plans commencing on | ||||||
12 | January 1, 2018, the Commission shall seek public comment on | ||||||
13 | the utility's plan and shall issue an order approving or | ||||||
14 | disapproving each plan no later than August 31, 2017, or 105 | ||||||
15 | days after the effective date of this amendatory Act of the | ||||||
16 | 99th General Assembly, whichever is later. If the Commission | ||||||
17 | disapproves a plan, the Commission shall, within 30 days, | ||||||
18 | describe in detail the reasons for the disapproval and describe | ||||||
19 | a path by which the utility may file a revised draft of the | ||||||
20 | plan to address the Commission's concerns satisfactorily. If | ||||||
21 | the utility does not refile with the Commission within 60 days | ||||||
22 | after the disapproval, the utility shall be subject to | ||||||
23 | penalties at a rate of $100,000 per day until the plan is | ||||||
24 | filed. This process shall continue, and penalties shall accrue, | ||||||
25 | until the utility has successfully filed a portfolio of energy | ||||||
26 | efficiency measures. Penalties shall be deposited into the |
| |||||||
| |||||||
1 | Energy Efficiency Trust Fund and the cost of any such penalties | ||||||
2 | may not be recovered from ratepayers. In submitting proposed | ||||||
3 | energy efficiency plans and funding levels to meet the savings | ||||||
4 | goals adopted by this Act the utility shall: | ||||||
5 | (1) Demonstrate that its proposed energy efficiency | ||||||
6 | measures will achieve the requirements that are identified | ||||||
7 | in subsection (c) of this Section, as modified by | ||||||
8 | subsection (d) of this Section. | ||||||
9 | (2) Present specific proposals to implement new | ||||||
10 | building and appliance standards that have been placed into | ||||||
11 | effect. | ||||||
12 | (3) Present estimates of the total amount paid for gas | ||||||
13 | service expressed on a per therm basis associated with the | ||||||
14 | proposed portfolio of measures designed to meet the | ||||||
15 | requirements that are identified in subsection (c) of this | ||||||
16 | Section, as modified by subsection (d) of this Section. | ||||||
17 | (4) For those multi-year plans that commence prior to | ||||||
18 | January 1, 2018, coordinate with the Department to present | ||||||
19 | a portfolio of energy efficiency measures proportionate to | ||||||
20 | the share of total annual utility revenues in Illinois from | ||||||
21 | households at or below 150% of the poverty level. Such | ||||||
22 | programs shall be targeted to households with incomes at or | ||||||
23 | below 80% of area median income. | ||||||
24 | (5) Demonstrate that its overall portfolio of energy | ||||||
25 | efficiency measures, not including low-income programs | ||||||
26 | described in item (4) of this subsection (f) and subsection |
| |||||||
| |||||||
1 | (e-5) of this Section, are cost-effective using the total | ||||||
2 | resource cost test and represent a diverse cross section of | ||||||
3 | opportunities for customers of all rate classes to | ||||||
4 | participate in the programs. | ||||||
5 | (6) Demonstrate that a gas utility affiliated with an | ||||||
6 | electric utility that is required to comply with Section | ||||||
7 | 8-103 or 8-103B of this Act has integrated gas and electric | ||||||
8 | efficiency measures into a single program that reduces | ||||||
9 | program or participant costs and appropriately allocates | ||||||
10 | costs to gas and electric ratepayers. For those multi-year | ||||||
11 | plans that commence prior to January 1, 2018, the | ||||||
12 | Department shall integrate all gas and electric programs it | ||||||
13 | delivers in any such utilities' service territories, | ||||||
14 | unless the Department can show that integration is not | ||||||
15 | feasible or appropriate. | ||||||
16 | (7) Include a proposed cost recovery tariff mechanism | ||||||
17 | to fund the proposed energy efficiency measures and to | ||||||
18 | ensure the recovery of the prudently and reasonably | ||||||
19 | incurred costs of Commission-approved programs. | ||||||
20 | (8) Provide for quarterly status reports tracking | ||||||
21 | implementation of and expenditures for the utility's | ||||||
22 | portfolio of measures and, if applicable, the Department's | ||||||
23 | portfolio of measures, an annual independent review, and a | ||||||
24 | full independent evaluation of the multi-year results of | ||||||
25 | the performance and the cost-effectiveness of the | ||||||
26 | utility's and, if applicable, Department's portfolios of |
| |||||||
| |||||||
1 | measures and broader net program impacts and, to the extent | ||||||
2 | practical, for adjustment of the measures on a going | ||||||
3 | forward basis as a result of the evaluations. The resources | ||||||
4 | dedicated to evaluation shall not exceed 3% of portfolio | ||||||
5 | resources in any given multi-year period. | ||||||
6 | (g) No more than 3% of expenditures on energy efficiency | ||||||
7 | measures may be allocated for demonstration of breakthrough | ||||||
8 | equipment and devices. | ||||||
9 | (h) Illinois natural gas utilities that are affiliated by | ||||||
10 | virtue of a common parent company may, at the utilities' | ||||||
11 | request, be considered a single natural gas utility for | ||||||
12 | purposes of complying with this Section. | ||||||
13 | (i) If, after 3 years, a gas utility fails to meet the | ||||||
14 | efficiency standard specified in subsection (c) of this Section | ||||||
15 | as modified by subsection (d), then it shall make a | ||||||
16 | contribution to the Low-Income Home Energy Assistance Program. | ||||||
17 | The total liability for failure to meet the goal shall be | ||||||
18 | assessed as follows: | ||||||
19 | (1) a large gas utility shall pay $600,000; | ||||||
20 | (2) a medium gas utility shall pay $400,000; and | ||||||
21 | (3) a small gas utility shall pay $200,000. | ||||||
22 | For purposes of this Section, (i) a "large gas utility" is | ||||||
23 | a gas utility that on December 31, 2008, served more than | ||||||
24 | 1,500,000 gas customers in Illinois; (ii) a "medium gas | ||||||
25 | utility" is a gas utility that on December 31, 2008, served | ||||||
26 | fewer than 1,500,000, but more than 500,000 gas customers in |
| |||||||
| |||||||
1 | Illinois; and (iii) a "small gas utility" is a gas utility that | ||||||
2 | on December 31, 2008, served fewer than 500,000 and more than | ||||||
3 | 100,000 gas customers in Illinois. The costs of this | ||||||
4 | contribution may not be recovered from ratepayers. | ||||||
5 | If a gas utility fails to meet the efficiency standard | ||||||
6 | specified in subsection (c) of this Section, as modified by | ||||||
7 | subsection (d) of this Section, in any 2 consecutive multi-year | ||||||
8 | planning periods, then the responsibility for implementing the | ||||||
9 | utility's energy efficiency measures shall be transferred to an | ||||||
10 | independent program administrator selected by the Commission. | ||||||
11 | Reasonable and prudent costs incurred by the independent | ||||||
12 | program administrator to meet the efficiency standard | ||||||
13 | specified in subsection (c) of this Section, as modified by | ||||||
14 | subsection (d) of this Section, may be recovered from the | ||||||
15 | customers of the affected gas utilities, other than customers | ||||||
16 | described in subsection (m) of this Section. The utility shall | ||||||
17 | provide the independent program administrator with all | ||||||
18 | information and assistance necessary to perform the program | ||||||
19 | administrator's duties including but not limited to customer, | ||||||
20 | account, and energy usage data, and shall allow the program | ||||||
21 | administrator to include inserts in customer bills. The utility | ||||||
22 | may recover reasonable costs associated with any such | ||||||
23 | assistance. | ||||||
24 | (j) No utility shall be deemed to have failed to meet the | ||||||
25 | energy efficiency standards to the extent any such failure is | ||||||
26 | due to a failure of the Department. |
| |||||||
| |||||||
1 | (k) Not later than January 1, 2012, the Commission shall | ||||||
2 | develop and solicit public comment on a plan to foster | ||||||
3 | statewide coordination and consistency between statutorily | ||||||
4 | mandated natural gas and electric energy efficiency programs to | ||||||
5 | reduce program or participant costs or to improve program | ||||||
6 | performance. Not later than September 1, 2013, the Commission | ||||||
7 | shall issue a report to the General Assembly containing its | ||||||
8 | findings and recommendations. | ||||||
9 | (l) This Section does not apply to a gas utility that on | ||||||
10 | January 1, 2009, provided gas service to fewer than 100,000 | ||||||
11 | customers in Illinois. | ||||||
12 | (m) Subsections (a) through (k) of this Section do not | ||||||
13 | apply to customers of a natural gas utility that have a North | ||||||
14 | American Industry Classification System code number that is | ||||||
15 | 22111 or any such code number beginning with the digits 31, 32, | ||||||
16 | or 33 and (i) annual usage in the aggregate of 4 million therms | ||||||
17 | or more within the service territory of the affected gas | ||||||
18 | utility or with aggregate usage of 8 million therms or more in | ||||||
19 | this State and complying with the provisions of item (l) of | ||||||
20 | this subsection (m); or (ii) using natural gas as feedstock and | ||||||
21 | meeting the usage requirements described in item (i) of this | ||||||
22 | subsection (m), to the extent such annual feedstock usage is | ||||||
23 | greater than 60% of the customer's total annual usage of | ||||||
24 | natural gas. | ||||||
25 | (1) Customers described in this subsection (m) of this | ||||||
26 | Section shall apply, on a form approved by the applicable |
| |||||||
| |||||||
1 | natural gas utility on or before October 1, 2009 by the | ||||||
2 | Department , to the applicable natural gas utility | ||||||
3 | Department to be designated as a self-directing customer | ||||||
4 | ("SDC") or as an exempt customer using natural gas as a | ||||||
5 | feedstock from which other products are made, including, | ||||||
6 | but not limited to, feedstock for a hydrogen plant, on or | ||||||
7 | before December 31, 2017 the 1st day of February, 2010 . | ||||||
8 | Thereafter, application may be made not less than 6 months | ||||||
9 | before the filing date of the gas utility energy efficiency | ||||||
10 | plan described in subsection (f) of this Section; however, | ||||||
11 | a new customer that commences taking service from a natural | ||||||
12 | gas utility after December 31, 2017 February 1, 2010 may | ||||||
13 | apply to become a SDC or exempt customer up to 30 days | ||||||
14 | after beginning service. Customers described in this | ||||||
15 | subsection (m) that were not previously have not already | ||||||
16 | been approved by the Department may apply to be designated | ||||||
17 | a self-directing customer or exempt customer, on a form | ||||||
18 | approved by the applicable natural gas utility prior to | ||||||
19 | December 31, 2017 Department, between September 1, 2013 and | ||||||
20 | September 30, 2013 . Customer applications that are | ||||||
21 | approved by the Department under this amendatory Act of the | ||||||
22 | 98th General Assembly shall be considered to be a | ||||||
23 | self-directing customer or exempt customer, as applicable, | ||||||
24 | for the current 3-year planning period effective December | ||||||
25 | 1, 2013. Such application shall contain the following: | ||||||
26 | (A) the customer's certification that, at the time |
| |||||||
| |||||||
1 | of its application, it qualifies to be a SDC or exempt | ||||||
2 | customer described in this subsection (m) of this | ||||||
3 | Section; | ||||||
4 | (B) in the case of a SDC, the customer's | ||||||
5 | certification that it has established or will | ||||||
6 | establish by the beginning of the utility's multi-year | ||||||
7 | planning period commencing subsequent to the | ||||||
8 | application, and will maintain for accounting | ||||||
9 | purposes, an energy efficiency reserve account and | ||||||
10 | that the customer will accrue funds in said account to | ||||||
11 | be held for the purpose of funding, in whole or in | ||||||
12 | part, energy efficiency measures of the customer's | ||||||
13 | choosing, which may include, but are not limited to, | ||||||
14 | projects involving combined heat and power systems | ||||||
15 | that use the same energy source both for the generation | ||||||
16 | of electrical or mechanical power and the production of | ||||||
17 | steam or another form of useful thermal energy or the | ||||||
18 | use of combustible gas produced from biomass, or both; | ||||||
19 | (C) in the case of a SDC, the customer's | ||||||
20 | certification that annual funding levels for the | ||||||
21 | energy efficiency reserve account will be equal to 2% | ||||||
22 | of the customer's cost of natural gas, composed of the | ||||||
23 | customer's commodity cost and the delivery service | ||||||
24 | charges paid to the gas utility, or $150,000, whichever | ||||||
25 | is less; | ||||||
26 | (D) in the case of a SDC, the customer's |
| |||||||
| |||||||
1 | certification that the required reserve account | ||||||
2 | balance will be capped at 3 years' worth of accruals | ||||||
3 | and that the customer may, at its option, make further | ||||||
4 | deposits to the account to the extent such deposit | ||||||
5 | would increase the reserve account balance above the | ||||||
6 | designated cap level; | ||||||
7 | (E) in the case of a SDC, the customer's | ||||||
8 | certification that by October 1 of each year, beginning | ||||||
9 | no sooner than October 1, 2012, the customer will | ||||||
10 | report to the applicable natural gas utility | ||||||
11 | Department information, for the 12-month period ending | ||||||
12 | May 31 of the same year, on all deposits and | ||||||
13 | reductions, if any, to the reserve account during the | ||||||
14 | reporting year, and to the extent deposits to the | ||||||
15 | reserve account in any year are in an amount less than | ||||||
16 | $150,000, the basis for such reduced deposits; reserve | ||||||
17 | account balances by month; a description of energy | ||||||
18 | efficiency measures undertaken by the customer and | ||||||
19 | paid for in whole or in part with funds from the | ||||||
20 | reserve account; an estimate of the energy saved, or to | ||||||
21 | be saved, by the measure; and that the report shall | ||||||
22 | include a verification by an officer or plant manager | ||||||
23 | of the customer or by a registered professional | ||||||
24 | engineer or certified energy efficiency trade | ||||||
25 | professional that the funds withdrawn from the reserve | ||||||
26 | account were used for the energy efficiency measures; |
| |||||||
| |||||||
1 | (F) in the case of an exempt customer, the | ||||||
2 | customer's certification of the level of gas usage as | ||||||
3 | feedstock in the customer's operation in a typical year | ||||||
4 | and that it will provide information establishing this | ||||||
5 | level, upon request of the applicable natural gas | ||||||
6 | utility Department ; | ||||||
7 | (G) in the case of either an exempt customer or a | ||||||
8 | SDC, the customer's certification that it has provided | ||||||
9 | the gas utility or utilities serving the customer with | ||||||
10 | a copy of the application as filed with the applicable | ||||||
11 | natural gas utility Department ; | ||||||
12 | (H) in the case of either an exempt customer or a | ||||||
13 | SDC, certification of the natural gas utility or | ||||||
14 | utilities serving the customer in Illinois including | ||||||
15 | the natural gas utility accounts that are the subject | ||||||
16 | of the application; and | ||||||
17 | (I) in the case of either an exempt customer or a | ||||||
18 | SDC, a verification signed by a plant manager or an | ||||||
19 | authorized corporate officer attesting to the | ||||||
20 | truthfulness and accuracy of the information contained | ||||||
21 | in the application. | ||||||
22 | (2) The applicable natural gas utility Department | ||||||
23 | shall review the application to determine that it contains | ||||||
24 | the information described in provisions (A) through (I) of | ||||||
25 | item (1) of this subsection (m), as applicable. The review | ||||||
26 | shall be completed within 30 days after the date the |
| |||||||
| |||||||
1 | application is filed with the applicable natural gas | ||||||
2 | utility Department . Absent a determination by the | ||||||
3 | applicable natural gas utility Department within the | ||||||
4 | 30-day period, the applicant shall be considered to be a | ||||||
5 | SDC or exempt customer, as applicable, for all subsequent | ||||||
6 | multi-year planning periods, as of the date of filing the | ||||||
7 | application described in this subsection (m). If the | ||||||
8 | applicable natural gas utility Department determines that | ||||||
9 | the application does not contain the applicable | ||||||
10 | information described in provisions (A) through (I) of item | ||||||
11 | (1) of this subsection (m), it shall notify the customer, | ||||||
12 | in writing, of its determination that the application does | ||||||
13 | not contain the required information and identify the | ||||||
14 | information that is missing, and the customer shall provide | ||||||
15 | the missing information within 15 working days after the | ||||||
16 | date of receipt of the applicable natural gas utility's | ||||||
17 | Department's notification. | ||||||
18 | (3) The applicable natural gas utility Department | ||||||
19 | shall have the right to audit the information provided in | ||||||
20 | the customer's application and annual reports to ensure | ||||||
21 | continued compliance with the requirements of this | ||||||
22 | subsection. Based on the audit, if the applicable natural | ||||||
23 | gas utility Department determines the customer is no longer | ||||||
24 | in compliance with the requirements of items (A) through | ||||||
25 | (I) of item (1) of this subsection (m), as applicable, the | ||||||
26 | applicable natural gas utility Department shall notify the |
| |||||||
| |||||||
1 | customer in writing of the noncompliance. The customer | ||||||
2 | shall have 30 days to establish its compliance, and failing | ||||||
3 | to do so, may have its status as a SDC or exempt customer | ||||||
4 | revoked by the applicable natural gas utility Department . | ||||||
5 | The applicable natural gas utility Department shall treat | ||||||
6 | all information provided by any customer seeking SDC status | ||||||
7 | or exemption from the provisions of this Section as | ||||||
8 | strictly confidential. | ||||||
9 | (4) Upon request, or on its own motion, the Commission | ||||||
10 | may open an investigation, no more than once every 3 years | ||||||
11 | and not before October 1, 2014, to evaluate the | ||||||
12 | effectiveness of the self-directing program described in | ||||||
13 | this subsection (m). | ||||||
14 | Customers described in this subsection (m) that previously | ||||||
15 | applied to the Department on January 3, 2013, were approved by | ||||||
16 | the Department on February 13, 2013 to be a self-directing | ||||||
17 | customer or exempt customer, and receive natural gas from a | ||||||
18 | utility that provides gas service to at least 500,000 retail | ||||||
19 | customers in Illinois and electric service to at least | ||||||
20 | 1,000,000 retail customers in Illinois shall be considered to | ||||||
21 | be a self-directing customer or exempt customer, as applicable, | ||||||
22 | for the current 3-year planning period effective December 1, | ||||||
23 | 2013. | ||||||
24 | (n) The applicability of this Section to customers | ||||||
25 | described in subsection (m) of this Section is conditioned on | ||||||
26 | the existence of the SDC program. In no event will any |
| |||||||
| |||||||
1 | provision of this Section apply to such customers after January | ||||||
2 | 1, 2020.
| ||||||
3 | (o) With the exception of the 3-year energy efficiency plan | ||||||
4 | filed by the Department, the natural gas utilities' Utilities' | ||||||
5 | 3-year energy efficiency plans approved by the Commission on or | ||||||
6 | before the effective date of this amendatory Act of the 99th | ||||||
7 | General Assembly for the period June 1, 2014 through May 31, | ||||||
8 | 2017 shall continue to be in force and effect through December | ||||||
9 | 31, 2017 so that the energy efficiency programs set forth in | ||||||
10 | those plans continue to be offered during the period June 1, | ||||||
11 | 2017 through December 31, 2017. Each utility is authorized to | ||||||
12 | increase, on a pro rata basis, the energy savings goals and | ||||||
13 | budgets approved in its plan to reflect the additional 7 months | ||||||
14 | of the plan's operation. The energy efficiency plan filed by | ||||||
15 | the Department that was approved by the Commission on or before | ||||||
16 | the effective date of this amendatory Act of the 100th General | ||||||
17 | Assembly for the period of June 1, 2014 through May 31, 2017 | ||||||
18 | shall expire on May 31, 2017. From June 1, 2017 through | ||||||
19 | December 31, 2017 the natural gas utilities shall be | ||||||
20 | responsible for offering and administering the programs | ||||||
21 | previously offered and administered by the Department. | ||||||
22 | (Source: P.A. 98-90, eff. 7-15-13; 98-225, eff. 8-9-13; 98-604, | ||||||
23 | eff. 12-17-13; 99-906, eff. 6-1-17.)
| ||||||
24 | ARTICLE 45. LOCAL GOVERNMENT DISTRIBUTIVE FUND |
| |||||||
| |||||||
1 | Section 45-10. The State Revenue Sharing Act is amended by | ||||||
2 | changing Section 1 as follows:
| ||||||
3 | (30 ILCS 115/1) (from Ch. 85, par. 611)
| ||||||
4 | Sec. 1. Local Government Distributive Fund. Through June | ||||||
5 | 30, 1994, as
soon as may be after the first day of each month | ||||||
6 | the Department of Revenue
shall certify to the Treasurer an | ||||||
7 | amount equal to 1/12 of the net revenue
realized from the tax | ||||||
8 | imposed by subsections (a) and (b) of Section 201 of the
| ||||||
9 | Illinois Income Tax Act during the preceding month. Beginning | ||||||
10 | July 1, 1994,
and continuing through June 30, 1995, as soon as | ||||||
11 | may be after the first day of
each month, the Department of | ||||||
12 | Revenue shall certify to the Treasurer an amount
equal to 1/11 | ||||||
13 | of the net revenue realized from the tax imposed by subsections
| ||||||
14 | (a) and (b) of Section 201 of the Illinois Income Tax Act | ||||||
15 | during the preceding
month. Beginning July 1, 1995 and | ||||||
16 | continuing through June 30, 2017 , as soon as may be after the | ||||||
17 | first day of each
month, the Department of Revenue shall | ||||||
18 | certify to the Treasurer an amount equal
to the amounts | ||||||
19 | calculated pursuant to subsection (b) of Section 901 of the | ||||||
20 | Illinois Income Tax Act based on the net revenue realized from | ||||||
21 | the tax imposed by subsections (a) and
(b) of Section 201 of | ||||||
22 | the Illinois Income Tax Act during the preceding month.
Net | ||||||
23 | revenue realized for a month shall be defined as the revenue | ||||||
24 | from the tax
imposed by subsections (a) and (b) of Section 201 | ||||||
25 | of the Illinois Income Tax
Act which is deposited in the |
| |||||||
| |||||||
1 | General Revenue Fund, the Education Assistance
Fund and the | ||||||
2 | Income Tax Surcharge Local Government Distributive Fund during | ||||||
3 | the
month minus the amount paid out of the General Revenue Fund | ||||||
4 | in State warrants
during that same month as refunds to | ||||||
5 | taxpayers for overpayment of liability
under the tax imposed by | ||||||
6 | subsections (a) and (b) of Section 201 of the Illinois
Income | ||||||
7 | Tax Act. Upon receipt of such certification, the Treasurer | ||||||
8 | shall
transfer from the General Revenue Fund to a special fund | ||||||
9 | in the State treasury,
to be known as the "Local Government | ||||||
10 | Distributive Fund", the amount shown on
such certification.
| ||||||
11 | Beginning on the effective date of this amendatory Act of | ||||||
12 | the 98th General Assembly, the Comptroller shall perform the | ||||||
13 | transfers required by this Section no later than 60 days after | ||||||
14 | he or she receives the certification from the Treasurer. | ||||||
15 | All amounts paid into the Local Government Distributive | ||||||
16 | Fund in accordance
with this Section and allocated pursuant to | ||||||
17 | this Act are appropriated on a
continuing basis.
| ||||||
18 | (Source: P.A. 98-1052, eff. 8-26-14.)
| ||||||
19 | ARTICLE 50. TAX COMPLIANCE AND ADMINISTRATION FUND | ||||||
20 | Section 50-5. The Department of Revenue Law of the
Civil | ||||||
21 | Administrative Code of Illinois is amended by changing Section | ||||||
22 | 2505-190 as follows:
| ||||||
23 | (20 ILCS 2505/2505-190) (was 20 ILCS 2505/39c-4)
|
| |||||||
| |||||||
1 | Sec. 2505-190. Tax Compliance and Administration Fund. | ||||||
2 | (a) Amounts
deposited into the Tax Compliance and
| ||||||
3 | Administration Fund, a special fund in the State treasury that | ||||||
4 | is hereby
created, must be appropriated to the Department to
| ||||||
5 | reimburse the Department for its costs of collecting, | ||||||
6 | administering, and
enforcing the tax laws that provide for | ||||||
7 | deposits into the Fund. Moneys in the Fund shall consist of | ||||||
8 | deposits provided for in tax laws, reimbursements, or other | ||||||
9 | payments received from units of local government for | ||||||
10 | administering a local tax or fee on behalf of the unit of local | ||||||
11 | government in accordance with the Local Tax Collection Act, or | ||||||
12 | other payments designated for deposit into the Fund.
| ||||||
13 | (b) As soon as possible after July 1, 2015, and as soon as | ||||||
14 | possible after each July 1 thereafter through July 1, 2016 , the | ||||||
15 | Director of the Department of Revenue shall certify the balance | ||||||
16 | in the Tax Compliance and Administration Fund as of July 1, | ||||||
17 | less any amounts obligated, and the State Comptroller shall | ||||||
18 | order transferred and the State Treasurer shall transfer from | ||||||
19 | the Tax Compliance and Administration Fund to the General | ||||||
20 | Revenue Fund the amount certified that exceeds $2,500,000. | ||||||
21 | (Source: P.A. 98-1098, eff. 8-26-14; 99-517, eff. 6-30-16.)
| ||||||
22 | Section 50-10. The State Finance Act is amended by changing | ||||||
23 | Section 6z-20 as follows:
| ||||||
24 | (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
|
| |||||||
| |||||||
1 | Sec. 6z-20. County and Mass Transit District Fund. Of the | ||||||
2 | money received from the 6.25% general rate (and,
beginning July | ||||||
3 | 1, 2000 and through December 31, 2000, the
1.25% rate on motor | ||||||
4 | fuel and gasohol, and beginning on August 6, 2010 through | ||||||
5 | August 15, 2010, the 1.25% rate on sales tax holiday items) on | ||||||
6 | sales
subject to taxation under the Retailers' Occupation Tax | ||||||
7 | Act and Service
Occupation Tax Act and paid into the County and | ||||||
8 | Mass Transit District Fund,
distribution to the Regional | ||||||
9 | Transportation Authority tax fund, created
pursuant to Section | ||||||
10 | 4.03 of the Regional Transportation Authority Act, for
deposit | ||||||
11 | therein shall be made based upon the retail sales occurring in | ||||||
12 | a
county having more than 3,000,000 inhabitants. The remainder | ||||||
13 | shall be
distributed to each county having 3,000,000 or fewer | ||||||
14 | inhabitants based upon
the retail sales occurring in each such | ||||||
15 | county.
| ||||||
16 | For the purpose of determining allocation to the local | ||||||
17 | government unit, a
retail sale by a producer of coal or other | ||||||
18 | mineral mined in Illinois is a sale
at retail at the place | ||||||
19 | where the coal or other mineral mined in Illinois is
extracted | ||||||
20 | from the earth. This paragraph does not apply to coal or other
| ||||||
21 | mineral when it is delivered or shipped by the seller to the | ||||||
22 | purchaser at a
point outside Illinois so that the sale is | ||||||
23 | exempt under the United States
Constitution as a sale in | ||||||
24 | interstate or foreign commerce.
| ||||||
25 | Of the money received from the 6.25% general use tax rate | ||||||
26 | on tangible
personal property which is purchased outside |
| |||||||
| |||||||
1 | Illinois at retail from a
retailer and which is titled or | ||||||
2 | registered by any agency of this State's
government and paid | ||||||
3 | into the County and Mass Transit District Fund, the
amount for | ||||||
4 | which Illinois addresses for titling or registration purposes
| ||||||
5 | are given as being in each county having more than 3,000,000 | ||||||
6 | inhabitants
shall be distributed into the Regional | ||||||
7 | Transportation Authority tax fund,
created pursuant to Section | ||||||
8 | 4.03 of the Regional Transportation Authority
Act. The | ||||||
9 | remainder of the money paid from such sales shall be | ||||||
10 | distributed
to each county based on sales for which Illinois | ||||||
11 | addresses for titling or
registration purposes are given as | ||||||
12 | being located in the county. Any money
paid into the Regional | ||||||
13 | Transportation Authority Occupation and Use Tax
Replacement | ||||||
14 | Fund from the County and Mass Transit District Fund prior to
| ||||||
15 | January 14, 1991, which has not been paid to the Authority | ||||||
16 | prior to that
date, shall be transferred to the Regional | ||||||
17 | Transportation Authority tax fund.
| ||||||
18 | Whenever the Department determines that a refund of money | ||||||
19 | paid into
the County and Mass Transit District Fund should be | ||||||
20 | made to a claimant
instead of issuing a credit memorandum, the | ||||||
21 | Department shall notify the
State Comptroller, who shall cause | ||||||
22 | the order to be drawn for the amount
specified, and to the | ||||||
23 | person named, in such notification from the
Department. Such | ||||||
24 | refund shall be paid by the State Treasurer out of the
County | ||||||
25 | and Mass Transit District Fund.
| ||||||
26 | As soon as possible after the first day of each month, |
| |||||||
| |||||||
1 | beginning January 1, 2011, upon certification of the Department | ||||||
2 | of Revenue, the Comptroller shall order transferred, and the | ||||||
3 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
4 | local sales tax increment, as defined in the Innovation | ||||||
5 | Development and Economy Act, collected during the second | ||||||
6 | preceding calendar month for sales within a STAR bond district | ||||||
7 | and deposited into the County and Mass Transit District Fund, | ||||||
8 | less 3% of that amount, which shall be transferred into the Tax | ||||||
9 | Compliance and Administration Fund and shall be used by the | ||||||
10 | Department, subject to appropriation, to cover the costs of the | ||||||
11 | Department in administering the Innovation Development and | ||||||
12 | Economy Act. | ||||||
13 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
14 | on or before the 25th day of each calendar month, the | ||||||
15 | Department shall
prepare and certify to the Comptroller the | ||||||
16 | disbursement of stated sums of
money to the Regional | ||||||
17 | Transportation Authority and to named counties, the
counties to | ||||||
18 | be those entitled to distribution, as hereinabove provided, of
| ||||||
19 | taxes or penalties paid to the Department during the second | ||||||
20 | preceding
calendar month. The amount to be paid to the Regional | ||||||
21 | Transportation
Authority and each county having 3,000,000 or | ||||||
22 | fewer inhabitants shall be
the amount (not including credit | ||||||
23 | memoranda) collected during the second
preceding calendar | ||||||
24 | month by the Department and paid into the County and
Mass | ||||||
25 | Transit District Fund, plus an amount the Department determines | ||||||
26 | is
necessary to offset any amounts which were erroneously paid |
| |||||||
| |||||||
1 | to a different
taxing body, and not including an amount equal | ||||||
2 | to the amount of refunds
made during the second preceding | ||||||
3 | calendar month by the Department, and not
including any amount | ||||||
4 | which the Department determines is necessary to offset
any | ||||||
5 | amounts which were payable to a different taxing body but were
| ||||||
6 | erroneously paid to the Regional Transportation Authority or | ||||||
7 | county, and not including any amounts that are transferred to | ||||||
8 | the STAR Bonds Revenue Fund , less 2% of the amount to be paid | ||||||
9 | to the Regional Transportation Authority, which shall be | ||||||
10 | transferred into the Tax Compliance and Administration Fund. | ||||||
11 | The Department, at the time of each monthly disbursement to the | ||||||
12 | Regional Transportation Authority, shall prepare and certify | ||||||
13 | to the State Comptroller the amount to be transferred into the | ||||||
14 | Tax Compliance and Administration Fund under this Section .
| ||||||
15 | Within 10 days after receipt, by the Comptroller, of the | ||||||
16 | disbursement
certification to the Regional Transportation | ||||||
17 | Authority , and counties , and the Tax Compliance and | ||||||
18 | Administration Fund ,
provided for in this Section to be given | ||||||
19 | to the Comptroller by the
Department, the Comptroller shall | ||||||
20 | cause the orders to be drawn for the
respective amounts in | ||||||
21 | accordance with the directions contained in such
| ||||||
22 | certification.
| ||||||
23 | When certifying the amount of a monthly disbursement to the | ||||||
24 | Regional
Transportation Authority or to a county under this | ||||||
25 | Section, the Department
shall increase or decrease that amount | ||||||
26 | by an amount necessary to offset any
misallocation of previous |
| |||||||
| |||||||
1 | disbursements. The offset amount shall be the
amount | ||||||
2 | erroneously disbursed within the 6 months preceding the time a
| ||||||
3 | misallocation is discovered.
| ||||||
4 | The provisions directing the distributions from the | ||||||
5 | special fund in
the State Treasury provided for in this Section | ||||||
6 | and from the Regional
Transportation Authority tax fund created | ||||||
7 | by Section 4.03 of the Regional
Transportation Authority Act | ||||||
8 | shall constitute an irrevocable and continuing
appropriation | ||||||
9 | of all amounts as provided herein. The State Treasurer and
| ||||||
10 | State Comptroller are hereby authorized to make distributions | ||||||
11 | as provided
in this Section.
| ||||||
12 | In construing any development, redevelopment, annexation, | ||||||
13 | preannexation
or other lawful agreement in effect prior to | ||||||
14 | September 1, 1990, which
describes or refers to receipts from a | ||||||
15 | county or municipal retailers'
occupation tax, use tax or | ||||||
16 | service occupation tax which now cannot be
imposed, such | ||||||
17 | description or reference shall be deemed to include the
| ||||||
18 | replacement revenue for such abolished taxes, distributed from | ||||||
19 | the County
and Mass Transit District Fund or Local Government | ||||||
20 | Distributive Fund, as
the case may be.
| ||||||
21 | (Source: P.A. 96-939, eff. 6-24-10; 96-1012, eff. 7-7-10; | ||||||
22 | 97-333, eff. 8-12-11.)
| ||||||
23 | Section 50-15. The Counties Code is amended by changing | ||||||
24 | Sections 5-1006, 5-1006.5, and 5-1007 as follows:
|
| |||||||
| |||||||
1 | (55 ILCS 5/5-1006) (from Ch. 34, par. 5-1006)
| ||||||
2 | Sec. 5-1006. Home Rule County Retailers' Occupation Tax | ||||||
3 | Law. Any county that is a home rule unit may impose
a tax upon | ||||||
4 | all persons engaged in the business of selling tangible
| ||||||
5 | personal property, other than an item of tangible personal | ||||||
6 | property titled
or registered with an agency of this State's | ||||||
7 | government, at retail in the
county on the gross receipts from | ||||||
8 | such sales made in the course of
their business. If imposed, | ||||||
9 | this tax shall only
be imposed in 1/4% increments. On and after | ||||||
10 | September 1, 1991, this
additional tax may not be imposed on | ||||||
11 | the sales of food for human
consumption which is to be consumed | ||||||
12 | off the premises where it is sold
(other than alcoholic | ||||||
13 | beverages, soft drinks and food which has been
prepared for | ||||||
14 | immediate consumption) and prescription and nonprescription
| ||||||
15 | medicines, drugs, medical appliances and insulin, urine | ||||||
16 | testing materials,
syringes and needles used by diabetics. The | ||||||
17 | tax imposed by a home rule
county pursuant to this Section and | ||||||
18 | all civil penalties that may be
assessed as an incident thereof | ||||||
19 | shall be collected and enforced by the
State Department of | ||||||
20 | Revenue. The certificate of registration that is
issued by the | ||||||
21 | Department to a retailer under the Retailers'
Occupation Tax | ||||||
22 | Act shall permit the retailer to engage in a
business that is | ||||||
23 | taxable under any ordinance or resolution
enacted pursuant to | ||||||
24 | this Section without registering separately with the
| ||||||
25 | Department under such ordinance or resolution or under this | ||||||
26 | Section. The
Department shall have full power to administer and |
| |||||||
| |||||||
1 | enforce this Section; to
collect all taxes and penalties due | ||||||
2 | hereunder; to dispose of taxes and
penalties so collected in | ||||||
3 | the manner hereinafter provided; and to
determine all rights to | ||||||
4 | credit memoranda arising on account of the
erroneous payment of | ||||||
5 | tax or penalty hereunder. In the administration of,
and | ||||||
6 | compliance with, this Section, the Department and persons who | ||||||
7 | are
subject to this Section shall have the same rights, | ||||||
8 | remedies, privileges,
immunities, powers and duties, and be | ||||||
9 | subject to the same conditions,
restrictions, limitations, | ||||||
10 | penalties and definitions of terms, and employ
the same modes | ||||||
11 | of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d,
| ||||||
12 | 1e, 1f, 1i, 1j, 1k, 1m, 1n, 2 through 2-65 (in respect to all | ||||||
13 | provisions
therein other
than the State rate of tax), 4, 5, 5a, | ||||||
14 | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,
5k, 5l, 6, 6a, 6b, 6c, 6d, | ||||||
15 | 7, 8, 9, 10, 11, 12 and 13 of the Retailers'
Occupation Tax Act | ||||||
16 | and Section 3-7 of the Uniform Penalty and Interest Act,
as | ||||||
17 | fully as if those provisions were set forth herein.
| ||||||
18 | No tax may be imposed by a home rule county pursuant to | ||||||
19 | this Section
unless the county also imposes a tax at the same | ||||||
20 | rate pursuant
to Section 5-1007.
| ||||||
21 | Persons subject to any tax imposed pursuant to the | ||||||
22 | authority granted
in this Section may reimburse themselves for | ||||||
23 | their seller's tax
liability hereunder by separately stating | ||||||
24 | such tax as an additional
charge, which charge may be stated in | ||||||
25 | combination, in a single amount,
with State tax which sellers | ||||||
26 | are required to collect under the Use Tax
Act, pursuant to such |
| |||||||
| |||||||
1 | bracket schedules as the Department may prescribe.
| ||||||
2 | Whenever the Department determines that a refund should be | ||||||
3 | made under
this Section to a claimant instead of issuing a | ||||||
4 | credit memorandum, the
Department shall notify the State | ||||||
5 | Comptroller, who shall cause the
order to be drawn for the | ||||||
6 | amount specified and to the person named
in the notification | ||||||
7 | from the Department. The
refund shall be paid by the State | ||||||
8 | Treasurer out of the home rule county
retailers' occupation tax | ||||||
9 | fund.
| ||||||
10 | The Department shall forthwith pay over to the State | ||||||
11 | Treasurer, ex
officio, as trustee, all taxes and penalties | ||||||
12 | collected hereunder. | ||||||
13 | As soon as possible after the first day of each month, | ||||||
14 | beginning January 1, 2011, upon certification of the Department | ||||||
15 | of Revenue, the Comptroller shall order transferred, and the | ||||||
16 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
17 | local sales tax increment, as defined in the Innovation | ||||||
18 | Development and Economy Act, collected under this Section | ||||||
19 | during the second preceding calendar month for sales within a | ||||||
20 | STAR bond district. | ||||||
21 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
22 | on or
before the 25th day of each calendar month, the | ||||||
23 | Department shall
prepare and certify to the Comptroller the | ||||||
24 | disbursement of stated sums
of money to named counties, the | ||||||
25 | counties to be those from which retailers
have paid taxes or | ||||||
26 | penalties hereunder to the Department during the second
|
| |||||||
| |||||||
1 | preceding calendar month. The amount to be paid to each county | ||||||
2 | shall be
the amount (not including credit memoranda) collected | ||||||
3 | hereunder during the
second preceding calendar month by the | ||||||
4 | Department plus an amount the
Department determines is | ||||||
5 | necessary to offset any amounts that
were erroneously paid to a | ||||||
6 | different taxing body, and not including an
amount equal to the | ||||||
7 | amount of refunds made during the second preceding
calendar | ||||||
8 | month by the Department on behalf of such county, and not
| ||||||
9 | including any amount which the Department determines is | ||||||
10 | necessary to offset
any amounts which were payable to a | ||||||
11 | different taxing body but were
erroneously paid to the county, | ||||||
12 | and not including any amounts that are transferred to the STAR | ||||||
13 | Bonds Revenue Fund , less 2% of the remainder, which the | ||||||
14 | Department shall transfer into the Tax Compliance and | ||||||
15 | Administration Fund. The Department, at the time of each | ||||||
16 | monthly disbursement to the counties, shall prepare and certify | ||||||
17 | to the State Comptroller the amount to be transferred into the | ||||||
18 | Tax Compliance and Administration Fund under this Section . | ||||||
19 | Within 10 days after receipt, by the
Comptroller, of the | ||||||
20 | disbursement certification to the counties and the Tax | ||||||
21 | Compliance and Administration Fund provided for
in this Section | ||||||
22 | to be given to the Comptroller by the Department, the
| ||||||
23 | Comptroller shall cause the orders to be drawn for the | ||||||
24 | respective amounts
in accordance with the directions contained | ||||||
25 | in the certification.
| ||||||
26 | In addition to the disbursement required by the preceding |
| |||||||
| |||||||
1 | paragraph,
an allocation shall be made in March of each year to | ||||||
2 | each county that
received more than $500,000 in disbursements | ||||||
3 | under the preceding
paragraph in the preceding calendar year. | ||||||
4 | The allocation shall be in an
amount equal to the average | ||||||
5 | monthly distribution made to each such county
under the | ||||||
6 | preceding paragraph during the preceding calendar year | ||||||
7 | (excluding
the 2 months of highest receipts). The distribution | ||||||
8 | made in March of each
year subsequent to the year in which an | ||||||
9 | allocation was made pursuant to
this paragraph and the | ||||||
10 | preceding paragraph shall be reduced by the amount
allocated | ||||||
11 | and disbursed under this paragraph in the preceding calendar
| ||||||
12 | year. The Department shall prepare and certify to the | ||||||
13 | Comptroller for
disbursement the allocations made in | ||||||
14 | accordance with this paragraph.
| ||||||
15 | For the purpose of determining the local governmental unit | ||||||
16 | whose tax
is applicable, a retail sale by a producer of coal or | ||||||
17 | other mineral
mined in Illinois is a sale at retail at the | ||||||
18 | place where the coal or
other mineral mined in Illinois is | ||||||
19 | extracted from the earth. This
paragraph does not apply to coal | ||||||
20 | or other mineral when it is delivered
or shipped by the seller | ||||||
21 | to the purchaser at a point outside Illinois so
that the sale | ||||||
22 | is exempt under the United States
Constitution as a sale in | ||||||
23 | interstate or foreign commerce.
| ||||||
24 | Nothing in this Section shall be construed to authorize a
| ||||||
25 | county to impose a tax upon the privilege of engaging in any
| ||||||
26 | business which under the Constitution of the United States may |
| |||||||
| |||||||
1 | not be
made the subject of taxation by this State.
| ||||||
2 | An ordinance or resolution imposing or discontinuing a tax | ||||||
3 | hereunder or
effecting a change in the rate thereof shall be | ||||||
4 | adopted and a certified
copy thereof filed with the Department | ||||||
5 | on or before the first day of June,
whereupon the Department | ||||||
6 | shall proceed to administer and enforce this
Section as of the | ||||||
7 | first day of September next following such adoption
and filing. | ||||||
8 | Beginning January 1, 1992, an ordinance or resolution imposing
| ||||||
9 | or discontinuing the tax hereunder or effecting a change in the | ||||||
10 | rate
thereof shall be adopted and a certified copy thereof | ||||||
11 | filed with the
Department on or before the first day of July, | ||||||
12 | whereupon the Department
shall proceed to administer and | ||||||
13 | enforce this Section as of the first day of
October next | ||||||
14 | following such adoption and filing. Beginning January 1, 1993,
| ||||||
15 | an ordinance or resolution imposing or discontinuing the tax | ||||||
16 | hereunder or
effecting a change in the rate thereof shall be | ||||||
17 | adopted and a certified
copy thereof filed with the Department | ||||||
18 | on or before the first day of
October, whereupon the Department | ||||||
19 | shall proceed to administer and enforce
this Section as of the | ||||||
20 | first day of January next following such adoption
and filing.
| ||||||
21 | Beginning April 1, 1998, an ordinance or
resolution imposing or
| ||||||
22 | discontinuing the tax hereunder or effecting a change in the | ||||||
23 | rate thereof shall
either (i) be adopted and a certified copy | ||||||
24 | thereof filed with the Department on
or
before the first day of | ||||||
25 | April, whereupon the Department shall proceed to
administer and | ||||||
26 | enforce this Section as of the first day of July next following
|
| |||||||
| |||||||
1 | the adoption and filing; or (ii) be adopted and a certified | ||||||
2 | copy thereof filed
with the Department on or before the first | ||||||
3 | day of October, whereupon the
Department shall proceed to | ||||||
4 | administer and enforce this Section as of the first
day of | ||||||
5 | January next following the adoption and filing.
| ||||||
6 | When certifying the amount of a monthly disbursement to a | ||||||
7 | county under
this Section, the Department shall increase or | ||||||
8 | decrease such amount by an
amount necessary to offset any | ||||||
9 | misallocation of previous disbursements.
The offset amount | ||||||
10 | shall be the amount erroneously disbursed within the
previous 6 | ||||||
11 | months from the time a misallocation is discovered.
| ||||||
12 | This Section shall be known and may be cited as the Home | ||||||
13 | Rule County
Retailers' Occupation Tax Law.
| ||||||
14 | (Source: P.A. 99-217, eff. 7-31-15.)
| ||||||
15 | (55 ILCS 5/5-1006.5)
| ||||||
16 | Sec. 5-1006.5. Special County Retailers' Occupation Tax
| ||||||
17 | For Public Safety, Public Facilities, or Transportation. | ||||||
18 | (a) The county board of any county may impose a
tax upon | ||||||
19 | all persons engaged in the business of selling tangible | ||||||
20 | personal
property, other than personal property titled or | ||||||
21 | registered with an agency of
this State's government, at retail | ||||||
22 | in the county on the gross receipts from the
sales made in the | ||||||
23 | course of business to provide revenue to be used exclusively
| ||||||
24 | for public safety, public facility, or transportation purposes | ||||||
25 | in that county, if a
proposition for the
tax has been submitted |
| |||||||
| |||||||
1 | to the electors of that county and
approved by a majority of | ||||||
2 | those voting on the question. If imposed, this tax
shall be | ||||||
3 | imposed only in one-quarter percent increments. By resolution, | ||||||
4 | the
county board may order the proposition to be submitted at | ||||||
5 | any election.
If the tax is imposed for
transportation purposes | ||||||
6 | for expenditures for public highways or as
authorized
under the | ||||||
7 | Illinois Highway Code, the county board must publish notice
of | ||||||
8 | the existence of its long-range highway transportation
plan as | ||||||
9 | required or described in Section 5-301 of the Illinois
Highway | ||||||
10 | Code and must make the plan publicly available prior to
| ||||||
11 | approval of the ordinance or resolution
imposing the tax. If | ||||||
12 | the tax is imposed for transportation purposes for
expenditures | ||||||
13 | for passenger rail transportation, the county board must | ||||||
14 | publish
notice of the existence of its long-range passenger | ||||||
15 | rail transportation plan
and
must make the plan publicly | ||||||
16 | available prior to approval of the ordinance or
resolution | ||||||
17 | imposing the tax. | ||||||
18 | If a tax is imposed for public facilities purposes, then | ||||||
19 | the name of the project may be included in the proposition at | ||||||
20 | the discretion of the county board as determined in the | ||||||
21 | enabling resolution. For example, the "XXX Nursing Home" or the | ||||||
22 | "YYY Museum". | ||||||
23 | The county clerk shall certify the
question to the proper | ||||||
24 | election authority, who
shall submit the proposition at an | ||||||
25 | election in accordance with the general
election law.
| ||||||
26 | (1) The proposition for public safety purposes shall be |
| |||||||
| |||||||
1 | in
substantially the following form: | ||||||
2 | "To pay for public safety purposes, shall (name of | ||||||
3 | county) be authorized to impose an increase on its share of | ||||||
4 | local sales taxes by (insert rate)?" | ||||||
5 | As additional information on the ballot below the | ||||||
6 | question shall appear the following: | ||||||
7 | "This would mean that a consumer would pay an | ||||||
8 | additional (insert amount) in sales tax for every $100 of | ||||||
9 | tangible personal property bought at retail."
| ||||||
10 | The county board may also opt to establish a sunset | ||||||
11 | provision at which time the additional sales tax would | ||||||
12 | cease being collected, if not terminated earlier by a vote | ||||||
13 | of the county board. If the county board votes to include a | ||||||
14 | sunset provision, the proposition for public safety | ||||||
15 | purposes shall be in substantially the following form: | ||||||
16 | "To pay for public safety purposes, shall (name of | ||||||
17 | county) be authorized to impose an increase on its share of | ||||||
18 | local sales taxes by (insert rate) for a period not to | ||||||
19 | exceed (insert number of years)?" | ||||||
20 | As additional information on the ballot below the | ||||||
21 | question shall appear the following: | ||||||
22 | "This would mean that a consumer would pay an | ||||||
23 | additional (insert amount) in sales tax for every $100 of | ||||||
24 | tangible personal property bought at retail. If imposed, | ||||||
25 | the additional tax would cease being collected at the end | ||||||
26 | of (insert number of years), if not terminated earlier by a |
| |||||||
| |||||||
1 | vote of the county board."
| ||||||
2 | For the purposes of the
paragraph, "public safety | ||||||
3 | purposes" means
crime prevention, detention, fire | ||||||
4 | fighting, police, medical, ambulance, or
other emergency | ||||||
5 | services.
| ||||||
6 | Votes shall be recorded as "Yes" or "No".
| ||||||
7 | Beginning on the January 1 or July 1, whichever is | ||||||
8 | first, that occurs not less than 30 days after May 31, 2015 | ||||||
9 | (the effective date of Public Act 99-4), Adams County may | ||||||
10 | impose a public safety retailers' occupation tax and | ||||||
11 | service occupation tax at the rate of 0.25%, as provided in | ||||||
12 | the referendum approved by the voters on April 7, 2015, | ||||||
13 | notwithstanding the omission of the additional information | ||||||
14 | that is otherwise required to be printed on the ballot | ||||||
15 | below the question pursuant to this item (1). | ||||||
16 | (2) The proposition for transportation purposes shall | ||||||
17 | be in
substantially
the following form: | ||||||
18 | "To pay for improvements to roads and other | ||||||
19 | transportation purposes, shall (name of county) be | ||||||
20 | authorized to impose an increase on its share of local | ||||||
21 | sales taxes by (insert rate)?" | ||||||
22 | As additional information on the ballot below the | ||||||
23 | question shall appear the following: | ||||||
24 | "This would mean that a consumer would pay an | ||||||
25 | additional (insert amount) in sales tax for every $100 of | ||||||
26 | tangible personal property bought at retail."
|
| |||||||
| |||||||
1 | The county board may also opt to establish a sunset | ||||||
2 | provision at which time the additional sales tax would | ||||||
3 | cease being collected, if not terminated earlier by a vote | ||||||
4 | of the county board. If the county board votes to include a | ||||||
5 | sunset provision, the proposition for transportation | ||||||
6 | purposes shall be in substantially the following form: | ||||||
7 | "To pay for road improvements and other transportation | ||||||
8 | purposes, shall (name of county) be authorized to impose an | ||||||
9 | increase on its share of local sales taxes by (insert rate) | ||||||
10 | for a period not to exceed (insert number of years)?" | ||||||
11 | As additional information on the ballot below the | ||||||
12 | question shall appear the following: | ||||||
13 | "This would mean that a consumer would pay an | ||||||
14 | additional (insert amount) in sales tax for every $100 of | ||||||
15 | tangible personal property bought at retail. If imposed, | ||||||
16 | the additional tax would cease being collected at the end | ||||||
17 | of (insert number of years), if not terminated earlier by a | ||||||
18 | vote of the county board."
| ||||||
19 | For the purposes of this paragraph, transportation | ||||||
20 | purposes means
construction, maintenance, operation, and | ||||||
21 | improvement of
public highways, any other purpose for which | ||||||
22 | a county may expend funds under
the Illinois Highway Code, | ||||||
23 | and passenger rail transportation.
| ||||||
24 | The votes shall be recorded as "Yes" or "No".
| ||||||
25 | (3) The proposition for public facilities purposes | ||||||
26 | shall be in substantially the following form: |
| |||||||
| |||||||
1 | "To pay for public facilities purposes, shall (name of
| ||||||
2 | county) be authorized to impose an increase on its share of
| ||||||
3 | local sales taxes by (insert rate)?" | ||||||
4 | As additional information on the ballot below the
| ||||||
5 | question shall appear the following: | ||||||
6 | "This would mean that a consumer would pay an
| ||||||
7 | additional (insert amount) in sales tax for every $100 of
| ||||||
8 | tangible personal property bought at retail." | ||||||
9 | The county board may also opt to establish a sunset
| ||||||
10 | provision at which time the additional sales tax would
| ||||||
11 | cease being collected, if not terminated earlier by a vote
| ||||||
12 | of the county board. If the county board votes to include a
| ||||||
13 | sunset provision, the proposition for public facilities
| ||||||
14 | purposes shall be in substantially the following form: | ||||||
15 | "To pay for public facilities purposes, shall (name of
| ||||||
16 | county) be authorized to impose an increase on its share of
| ||||||
17 | local sales taxes by (insert rate) for a period not to
| ||||||
18 | exceed (insert number of years)?" | ||||||
19 | As additional information on the ballot below the
| ||||||
20 | question shall appear the following: | ||||||
21 | "This would mean that a consumer would pay an
| ||||||
22 | additional (insert amount) in sales tax for every $100 of
| ||||||
23 | tangible personal property bought at retail. If imposed,
| ||||||
24 | the additional tax would cease being collected at the end
| ||||||
25 | of (insert number of years), if not terminated earlier by a
| ||||||
26 | vote of the county board." |
| |||||||
| |||||||
1 | For purposes of this Section, "public facilities | ||||||
2 | purposes" means the acquisition, development, | ||||||
3 | construction, reconstruction, rehabilitation, improvement, | ||||||
4 | financing, architectural planning, and installation of | ||||||
5 | capital facilities consisting of buildings, structures, | ||||||
6 | and durable equipment and for the acquisition and | ||||||
7 | improvement of real property and interest in real property | ||||||
8 | required, or expected to be required, in connection with | ||||||
9 | the public facilities, for use by the county for the | ||||||
10 | furnishing of governmental services to its citizens, | ||||||
11 | including but not limited to museums and nursing homes. | ||||||
12 | The votes shall be recorded as "Yes" or "No". | ||||||
13 | If a majority of the electors voting on
the proposition | ||||||
14 | vote in favor of it, the county may impose the tax.
A county | ||||||
15 | may not submit more than one proposition authorized by this | ||||||
16 | Section
to the electors at any one time.
| ||||||
17 | This additional tax may not be imposed on the sales of food | ||||||
18 | for human
consumption that is to be consumed off the premises | ||||||
19 | where it is sold (other
than alcoholic beverages, soft drinks, | ||||||
20 | and food which has been prepared for
immediate consumption) and | ||||||
21 | prescription and non-prescription medicines, drugs,
medical | ||||||
22 | appliances and insulin, urine testing materials, syringes, and | ||||||
23 | needles
used by diabetics. The tax imposed by a county under | ||||||
24 | this Section and
all civil penalties that may be assessed as an | ||||||
25 | incident of the tax shall be
collected and enforced by the | ||||||
26 | Illinois Department of Revenue and deposited
into a special |
| |||||||
| |||||||
1 | fund created for that purpose. The certificate
of registration | ||||||
2 | that is issued by the Department to a retailer under the
| ||||||
3 | Retailers' Occupation Tax Act shall permit the retailer to | ||||||
4 | engage in a business
that is taxable without registering | ||||||
5 | separately with the Department under an
ordinance or resolution | ||||||
6 | under this Section. The Department has full
power to administer | ||||||
7 | and enforce this Section, to collect all taxes and
penalties | ||||||
8 | due under this Section, to dispose of taxes and penalties so
| ||||||
9 | collected in the manner provided in this Section, and to | ||||||
10 | determine
all rights to credit memoranda arising on account of | ||||||
11 | the erroneous payment of
a tax or penalty under this Section. | ||||||
12 | In the administration of and compliance
with this Section, the | ||||||
13 | Department and persons who are subject to this Section
shall | ||||||
14 | (i) have the same rights, remedies, privileges, immunities, | ||||||
15 | powers, and
duties, (ii) be subject to the same conditions, | ||||||
16 | restrictions, limitations,
penalties, and definitions of | ||||||
17 | terms, and (iii) employ the same modes of
procedure as are | ||||||
18 | prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f,
1i, 1j,
1k, 1m, | ||||||
19 | 1n,
2 through 2-70 (in respect to all provisions contained in | ||||||
20 | those Sections
other than the
State rate of tax), 2a, 2b, 2c, 3 | ||||||
21 | (except provisions
relating to
transaction returns and quarter | ||||||
22 | monthly payments), 4, 5, 5a, 5b, 5c, 5d, 5e,
5f,
5g, 5h, 5i, | ||||||
23 | 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 11a, 12, and 13 | ||||||
24 | of the
Retailers' Occupation Tax Act and Section 3-7 of the | ||||||
25 | Uniform Penalty and
Interest Act as if those provisions were | ||||||
26 | set forth in this Section.
|
| |||||||
| |||||||
1 | Persons subject to any tax imposed under the authority | ||||||
2 | granted in this
Section may reimburse themselves for their | ||||||
3 | sellers' tax liability by
separately stating the tax as an | ||||||
4 | additional charge, which charge may be stated
in combination, | ||||||
5 | in a single amount, with State tax which sellers are required
| ||||||
6 | to collect under the Use Tax Act, pursuant to such bracketed | ||||||
7 | schedules as the
Department may prescribe.
| ||||||
8 | Whenever the Department determines that a refund should be | ||||||
9 | made under this
Section to a claimant instead of issuing a | ||||||
10 | credit memorandum, the Department
shall notify the State | ||||||
11 | Comptroller, who shall cause the order to be drawn for
the | ||||||
12 | amount specified and to the person named in the notification | ||||||
13 | from the
Department. The refund shall be paid by the State | ||||||
14 | Treasurer out of the County
Public Safety or Transportation | ||||||
15 | Retailers' Occupation Tax Fund.
| ||||||
16 | (b) If a tax has been imposed under subsection (a), a
| ||||||
17 | service occupation tax shall
also be imposed at the same rate | ||||||
18 | upon all persons engaged, in the county, in
the business
of | ||||||
19 | making sales of service, who, as an incident to making those | ||||||
20 | sales of
service, transfer tangible personal property within | ||||||
21 | the county
as an
incident to a sale of service.
This tax may | ||||||
22 | not be imposed on sales of food for human consumption that is | ||||||
23 | to
be consumed off the premises where it is sold (other than | ||||||
24 | alcoholic beverages,
soft drinks, and food prepared for | ||||||
25 | immediate consumption) and prescription and
non-prescription | ||||||
26 | medicines, drugs, medical appliances and insulin, urine
|
| |||||||
| |||||||
1 | testing materials, syringes, and needles used by diabetics.
The | ||||||
2 | tax imposed under this subsection and all civil penalties that | ||||||
3 | may be
assessed as an incident thereof shall be collected and | ||||||
4 | enforced by the
Department of Revenue. The Department has
full | ||||||
5 | power to
administer and enforce this subsection; to collect all | ||||||
6 | taxes and penalties
due hereunder; to dispose of taxes and | ||||||
7 | penalties so collected in the manner
hereinafter provided; and | ||||||
8 | to determine all rights to credit memoranda
arising on account | ||||||
9 | of the erroneous payment of tax or penalty hereunder.
In the | ||||||
10 | administration of, and compliance with this subsection, the
| ||||||
11 | Department and persons who are subject to this paragraph shall | ||||||
12 | (i) have the
same rights, remedies, privileges, immunities, | ||||||
13 | powers, and duties, (ii) be
subject to the same conditions, | ||||||
14 | restrictions, limitations, penalties,
exclusions, exemptions, | ||||||
15 | and definitions of terms, and (iii) employ the same
modes
of | ||||||
16 | procedure as are prescribed in Sections 2 (except that the
| ||||||
17 | reference to State in the definition of supplier maintaining a | ||||||
18 | place of
business in this State shall mean the county), 2a, 2b, | ||||||
19 | 2c, 3 through
3-50 (in respect to all provisions therein other | ||||||
20 | than the State rate of
tax), 4 (except that the reference to | ||||||
21 | the State shall be to the county),
5, 7, 8 (except that the | ||||||
22 | jurisdiction to which the tax shall be a debt to
the extent | ||||||
23 | indicated in that Section 8 shall be the county), 9 (except as
| ||||||
24 | to the disposition of taxes and penalties collected), 10, 11, | ||||||
25 | 12 (except the reference therein to Section 2b of the
| ||||||
26 | Retailers' Occupation Tax Act), 13 (except that any reference |
| |||||||
| |||||||
1 | to the State
shall mean the county), Section 15, 16,
17, 18, 19 | ||||||
2 | and 20 of the Service Occupation Tax Act and Section 3-7 of
the | ||||||
3 | Uniform Penalty and Interest Act, as fully as if those | ||||||
4 | provisions were
set forth herein.
| ||||||
5 | Persons subject to any tax imposed under the authority | ||||||
6 | granted in
this subsection may reimburse themselves for their | ||||||
7 | serviceman's tax liability
by separately stating the tax as an | ||||||
8 | additional charge, which
charge may be stated in combination, | ||||||
9 | in a single amount, with State tax
that servicemen are | ||||||
10 | authorized to collect under the Service Use Tax Act, in
| ||||||
11 | accordance with such bracket schedules as the Department may | ||||||
12 | prescribe.
| ||||||
13 | Whenever the Department determines that a refund should be | ||||||
14 | made under this
subsection to a claimant instead of issuing a | ||||||
15 | credit memorandum, the Department
shall notify the State | ||||||
16 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
17 | amount specified, and to the person named, in the notification
| ||||||
18 | from the Department. The refund shall be paid by the State | ||||||
19 | Treasurer out
of the County Public Safety or Transportation | ||||||
20 | Retailers' Occupation Fund.
| ||||||
21 | Nothing in this subsection shall be construed to authorize | ||||||
22 | the county
to impose a tax upon the privilege of engaging in | ||||||
23 | any business which under
the Constitution of the United States | ||||||
24 | may not be made the subject of taxation
by the State.
| ||||||
25 | (c) The Department shall immediately pay over to the State | ||||||
26 | Treasurer, ex
officio,
as trustee, all taxes and penalties |
| |||||||
| |||||||
1 | collected under this Section to be
deposited into the County | ||||||
2 | Public Safety or Transportation Retailers'
Occupation Tax | ||||||
3 | Fund, which
shall be an unappropriated trust fund held outside | ||||||
4 | of the State treasury. | ||||||
5 | As soon as possible after the first day of each month, | ||||||
6 | beginning January 1, 2011, upon certification of the Department | ||||||
7 | of Revenue, the Comptroller shall order transferred, and the | ||||||
8 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
9 | local sales tax increment, as defined in the Innovation | ||||||
10 | Development and Economy Act, collected under this Section | ||||||
11 | during the second preceding calendar month for sales within a | ||||||
12 | STAR bond district. | ||||||
13 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
14 | on
or before the 25th
day of each calendar month, the | ||||||
15 | Department shall prepare and certify to the
Comptroller the | ||||||
16 | disbursement of stated sums of money
to the counties from which | ||||||
17 | retailers have paid
taxes or penalties to the Department during | ||||||
18 | the second preceding
calendar month. The amount to be paid to | ||||||
19 | each county, and deposited by the
county into its special fund | ||||||
20 | created for the purposes of this Section, shall
be the amount | ||||||
21 | (not
including credit memoranda) collected under this Section | ||||||
22 | during the second
preceding
calendar month by the Department | ||||||
23 | plus an amount the Department determines is
necessary to offset | ||||||
24 | any amounts that were erroneously paid to a different
taxing | ||||||
25 | body, and not including (i) an amount equal to the amount of | ||||||
26 | refunds
made
during the second preceding calendar month by the |
| |||||||
| |||||||
1 | Department on behalf of
the county, (ii) any amount that the | ||||||
2 | Department determines is
necessary to offset any amounts that | ||||||
3 | were payable to a different taxing body
but were erroneously | ||||||
4 | paid to the county, and (iii) any amounts that are transferred | ||||||
5 | to the STAR Bonds Revenue Fund , and (iv) 2% of the remainder, | ||||||
6 | which shall be transferred into the Tax Compliance and | ||||||
7 | Administration Fund. The Department, at the time of each | ||||||
8 | monthly disbursement to the counties, shall prepare and certify | ||||||
9 | to the State Comptroller the amount to be transferred into the | ||||||
10 | Tax Compliance and Administration Fund under this subsection . | ||||||
11 | Within 10 days after receipt by the
Comptroller of the | ||||||
12 | disbursement certification to the counties and the Tax | ||||||
13 | Compliance and Administration Fund provided for in
this Section | ||||||
14 | to be given to the Comptroller by the Department, the | ||||||
15 | Comptroller
shall cause the orders to be drawn for the | ||||||
16 | respective amounts in accordance
with directions contained in | ||||||
17 | the certification.
| ||||||
18 | In addition to the disbursement required by the preceding | ||||||
19 | paragraph, an
allocation shall be made in March of each year to | ||||||
20 | each county that received
more than $500,000 in disbursements | ||||||
21 | under the preceding paragraph in the
preceding calendar year. | ||||||
22 | The allocation shall be in an amount equal to the
average | ||||||
23 | monthly distribution made to each such county under the | ||||||
24 | preceding
paragraph during the preceding calendar year | ||||||
25 | (excluding the 2 months of
highest receipts). The distribution | ||||||
26 | made in March of each year subsequent to
the year in which an |
| |||||||
| |||||||
1 | allocation was made pursuant to this paragraph and the
| ||||||
2 | preceding paragraph shall be reduced by the amount allocated | ||||||
3 | and disbursed
under this paragraph in the preceding calendar | ||||||
4 | year. The Department shall
prepare and certify to the | ||||||
5 | Comptroller for disbursement the allocations made in
| ||||||
6 | accordance with this paragraph.
| ||||||
7 | A county may direct, by ordinance, that all or a portion of | ||||||
8 | the taxes and penalties collected under the Special County | ||||||
9 | Retailers' Occupation Tax For Public Safety or Transportation | ||||||
10 | be deposited into the Transportation Development Partnership | ||||||
11 | Trust Fund. | ||||||
12 | (d) For the purpose of determining the local governmental | ||||||
13 | unit whose tax is
applicable, a retail sale by a producer of | ||||||
14 | coal or another mineral mined in
Illinois is a sale at retail | ||||||
15 | at the place where the coal or other mineral mined
in Illinois | ||||||
16 | is extracted from the earth. This paragraph does not apply to | ||||||
17 | coal
or another mineral when it is delivered or shipped by the | ||||||
18 | seller to the
purchaser
at a point outside Illinois so that the | ||||||
19 | sale is exempt under the United States
Constitution as a sale | ||||||
20 | in interstate or foreign commerce.
| ||||||
21 | (e) Nothing in this Section shall be construed to authorize | ||||||
22 | a county to
impose a
tax upon the privilege of engaging in any | ||||||
23 | business that under the Constitution
of the United States may | ||||||
24 | not be made the subject of taxation by this State.
| ||||||
25 | (e-5) If a county imposes a tax under this Section, the | ||||||
26 | county board may,
by ordinance, discontinue or lower the rate |
| |||||||
| |||||||
1 | of the tax. If the county board
lowers the tax rate or | ||||||
2 | discontinues the tax, a referendum must be
held in accordance | ||||||
3 | with subsection (a) of this Section in order to increase the
| ||||||
4 | rate of the tax or to reimpose the discontinued tax.
| ||||||
5 | (f) Beginning April 1, 1998 and through December 31, 2013, | ||||||
6 | the results of any election authorizing a
proposition to impose | ||||||
7 | a tax
under this Section or effecting a change in the rate of | ||||||
8 | tax, or any ordinance
lowering the rate or discontinuing the | ||||||
9 | tax,
shall be certified
by the
county clerk and filed with the | ||||||
10 | Illinois Department of Revenue
either (i) on or
before the | ||||||
11 | first day of April, whereupon the Department shall proceed to
| ||||||
12 | administer and enforce the tax as of the first day of July next | ||||||
13 | following
the filing; or (ii)
on or before the first day of | ||||||
14 | October, whereupon the
Department shall proceed to administer | ||||||
15 | and enforce the tax as of the first
day of January next | ||||||
16 | following the filing.
| ||||||
17 | Beginning January 1, 2014, the results of any election | ||||||
18 | authorizing a proposition to impose a tax under this Section or | ||||||
19 | effecting an increase in the rate of tax, along with the | ||||||
20 | ordinance adopted to impose the tax or increase the rate of the | ||||||
21 | tax, or any ordinance adopted to lower the rate or discontinue | ||||||
22 | the tax, shall be certified by the county clerk and filed with | ||||||
23 | the Illinois Department of Revenue either (i) on or before the | ||||||
24 | first day of May, whereupon the Department shall proceed to | ||||||
25 | administer and enforce the tax as of the first day of July next | ||||||
26 | following the adoption and filing; or (ii) on or before the |
| |||||||
| |||||||
1 | first day of October, whereupon the Department shall proceed to | ||||||
2 | administer and enforce the tax as of the first day of January | ||||||
3 | next following the adoption and filing. | ||||||
4 | (g) When certifying the amount of a monthly disbursement to | ||||||
5 | a county under
this
Section, the Department shall increase or | ||||||
6 | decrease the amounts by an amount
necessary to offset any | ||||||
7 | miscalculation of previous disbursements. The offset
amount | ||||||
8 | shall be the amount erroneously disbursed within the previous 6 | ||||||
9 | months
from the time a miscalculation is discovered.
| ||||||
10 | (h) This Section may be cited as the "Special County | ||||||
11 | Occupation Tax
For Public Safety, Public Facilities, or | ||||||
12 | Transportation Law".
| ||||||
13 | (i) For purposes of this Section, "public safety" includes, | ||||||
14 | but is not
limited to, crime prevention, detention, fire | ||||||
15 | fighting, police, medical,
ambulance, or other emergency
| ||||||
16 | services. The county may share tax proceeds received under this | ||||||
17 | Section for public safety purposes, including proceeds | ||||||
18 | received before August 4, 2009 (the effective date of Public | ||||||
19 | Act 96-124), with any fire protection district located in the | ||||||
20 | county. For the purposes of this Section, "transportation" | ||||||
21 | includes, but
is not limited to, the construction,
maintenance, | ||||||
22 | operation, and improvement of public highways, any other
| ||||||
23 | purpose for which a county may expend funds under the Illinois | ||||||
24 | Highway Code,
and passenger rail transportation. For the | ||||||
25 | purposes of this Section, "public facilities purposes" | ||||||
26 | includes, but is not limited to, the acquisition, development, |
| |||||||
| |||||||
1 | construction, reconstruction, rehabilitation, improvement, | ||||||
2 | financing, architectural planning, and installation of capital | ||||||
3 | facilities consisting of buildings, structures, and durable | ||||||
4 | equipment and for the acquisition and improvement of real | ||||||
5 | property and interest in real property required, or expected to | ||||||
6 | be required, in connection with the public facilities, for use | ||||||
7 | by the county for the furnishing of governmental services to | ||||||
8 | its citizens, including but not limited to museums and nursing | ||||||
9 | homes. | ||||||
10 | (j) The Department may promulgate rules to implement Public | ||||||
11 | Act 95-1002 only to the extent necessary to apply the existing | ||||||
12 | rules for the Special County Retailers' Occupation Tax for | ||||||
13 | Public Safety to this new purpose for public facilities.
| ||||||
14 | (Source: P.A. 98-584, eff. 8-27-13; 99-4, eff. 5-31-15; 99-217, | ||||||
15 | eff. 7-31-15; 99-642, eff. 7-28-16.)
| ||||||
16 | (55 ILCS 5/5-1007) (from Ch. 34, par. 5-1007)
| ||||||
17 | Sec. 5-1007. Home Rule County Service Occupation Tax Law. | ||||||
18 | The corporate
authorities of a home rule county may impose a | ||||||
19 | tax upon all persons
engaged, in such county, in the business | ||||||
20 | of making sales of service at the
same rate of tax imposed | ||||||
21 | pursuant to Section 5-1006 of the selling price of
all tangible | ||||||
22 | personal property transferred by such servicemen either in the
| ||||||
23 | form of tangible personal property or in the form of real | ||||||
24 | estate as an
incident to a sale of service. If imposed, such | ||||||
25 | tax shall only be imposed
in 1/4% increments. On and after |
| |||||||
| |||||||
1 | September 1, 1991, this additional tax may
not be imposed on | ||||||
2 | the sales of food for human consumption which is to be
consumed | ||||||
3 | off the premises where it is sold (other than alcoholic | ||||||
4 | beverages,
soft drinks and food which has been prepared for | ||||||
5 | immediate consumption) and
prescription and nonprescription | ||||||
6 | medicines, drugs, medical appliances and
insulin, urine | ||||||
7 | testing materials, syringes and needles used by diabetics.
The | ||||||
8 | tax imposed by a home rule county pursuant to this Section and | ||||||
9 | all
civil penalties that may be assessed as an incident thereof | ||||||
10 | shall be
collected and enforced by the State Department of | ||||||
11 | Revenue. The certificate
of registration which is issued by the | ||||||
12 | Department to a retailer under the
Retailers' Occupation Tax | ||||||
13 | Act or under the Service Occupation Tax Act shall
permit such | ||||||
14 | registrant to engage in a business which is taxable under any
| ||||||
15 | ordinance or resolution enacted pursuant to this Section | ||||||
16 | without
registering separately with the Department under such | ||||||
17 | ordinance or
resolution or under this Section. The Department | ||||||
18 | shall have full power
to administer and enforce this Section; | ||||||
19 | to collect all taxes and
penalties due hereunder; to dispose of | ||||||
20 | taxes and penalties so collected
in the manner hereinafter | ||||||
21 | provided; and to determine all rights to
credit memoranda | ||||||
22 | arising on account of the erroneous payment of tax or
penalty | ||||||
23 | hereunder. In the administration of, and compliance with, this
| ||||||
24 | Section the Department and persons who are subject to this | ||||||
25 | Section
shall have the same rights, remedies, privileges, | ||||||
26 | immunities, powers and
duties, and be subject to the same |
| |||||||
| |||||||
1 | conditions, restrictions,
limitations, penalties and | ||||||
2 | definitions of terms, and employ the same
modes of procedure, | ||||||
3 | as are prescribed in Sections 1a-1, 2, 2a, 3 through
3-50 (in | ||||||
4 | respect to all provisions therein other than the State rate of
| ||||||
5 | tax), 4 (except that the reference to the State shall be to the | ||||||
6 | taxing
county), 5, 7, 8 (except that the jurisdiction to which | ||||||
7 | the tax shall be a
debt to the extent indicated in that Section | ||||||
8 | 8 shall be the taxing county),
9 (except as to the disposition | ||||||
9 | of taxes and penalties collected, and
except that the returned | ||||||
10 | merchandise credit for this county tax may not be
taken against | ||||||
11 | any State tax), 10, 11, 12 (except the reference therein to
| ||||||
12 | Section 2b of the Retailers' Occupation Tax Act), 13 (except | ||||||
13 | that any
reference to the State shall mean the taxing county), | ||||||
14 | the first paragraph
of Section 15, 16, 17, 18, 19 and 20 of the | ||||||
15 | Service Occupation Tax
Act and Section 3-7 of the Uniform | ||||||
16 | Penalty and Interest Act, as fully as if
those provisions were | ||||||
17 | set forth herein.
| ||||||
18 | No tax may be imposed by a home rule county pursuant to | ||||||
19 | this Section
unless such county also imposes a tax at the same | ||||||
20 | rate pursuant to Section
5-1006.
| ||||||
21 | Persons subject to any tax imposed pursuant to the | ||||||
22 | authority granted
in this Section may reimburse themselves for | ||||||
23 | their serviceman's tax
liability hereunder by separately | ||||||
24 | stating such tax as an additional
charge, which charge may be | ||||||
25 | stated in combination, in a single amount,
with State tax which | ||||||
26 | servicemen are authorized to collect under the
Service Use Tax |
| |||||||
| |||||||
1 | Act, pursuant to such bracket schedules as the
Department may | ||||||
2 | prescribe.
| ||||||
3 | Whenever the Department determines that a refund should be | ||||||
4 | made under
this Section to a claimant instead of issuing credit | ||||||
5 | memorandum, the
Department shall notify the State Comptroller, | ||||||
6 | who shall cause the
order to be drawn for the amount specified, | ||||||
7 | and to the person named,
in such notification from the | ||||||
8 | Department. Such refund shall be paid by
the State Treasurer | ||||||
9 | out of the home rule county retailers' occupation tax fund.
| ||||||
10 | The Department shall forthwith pay over to the State | ||||||
11 | Treasurer,
ex-officio, as trustee, all taxes and penalties | ||||||
12 | collected hereunder. | ||||||
13 | As soon as possible after the first day of each month, | ||||||
14 | beginning January 1, 2011, upon certification of the Department | ||||||
15 | of Revenue, the Comptroller shall order transferred, and the | ||||||
16 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
17 | local sales tax increment, as defined in the Innovation | ||||||
18 | Development and Economy Act, collected under this Section | ||||||
19 | during the second preceding calendar month for sales within a | ||||||
20 | STAR bond district. | ||||||
21 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
22 | on
or before the 25th day of each calendar month, the | ||||||
23 | Department shall
prepare and certify to the Comptroller the | ||||||
24 | disbursement of stated sums
of money to named counties, the | ||||||
25 | counties to be those from
which suppliers and servicemen have | ||||||
26 | paid taxes or penalties hereunder to
the Department during the |
| |||||||
| |||||||
1 | second preceding calendar month. The amount
to be paid to each | ||||||
2 | county shall be the amount (not including credit
memoranda) | ||||||
3 | collected hereunder during the second preceding calendar
month | ||||||
4 | by the Department, and not including an amount equal to the | ||||||
5 | amount
of refunds made during the second preceding calendar | ||||||
6 | month by the
Department on behalf of such county, and not | ||||||
7 | including any amounts that are transferred to the STAR Bonds | ||||||
8 | Revenue Fund , less 2% of the remainder, which the Department | ||||||
9 | shall transfer into the Tax Compliance and Administration Fund. | ||||||
10 | The Department, at the time of each monthly disbursement to the | ||||||
11 | counties, shall prepare and certify to the State Comptroller | ||||||
12 | the amount to be transferred into the Tax Compliance and | ||||||
13 | Administration Fund under this Section . Within 10 days after | ||||||
14 | receipt, by the
Comptroller, of the disbursement certification | ||||||
15 | to the counties and the Tax Compliance and Administration Fund | ||||||
16 | provided for
in this Section to be given to the Comptroller by | ||||||
17 | the Department, the
Comptroller shall cause the orders to be | ||||||
18 | drawn for the respective amounts
in accordance with the | ||||||
19 | directions contained in such certification.
| ||||||
20 | In addition to the disbursement required by the preceding | ||||||
21 | paragraph, an
allocation shall be made in each year to each | ||||||
22 | county which received more
than $500,000 in disbursements under | ||||||
23 | the preceding paragraph in the
preceding calendar year. The | ||||||
24 | allocation shall be in an amount equal to the
average monthly | ||||||
25 | distribution made to each such county under the preceding
| ||||||
26 | paragraph during the preceding calendar year (excluding the 2 |
| |||||||
| |||||||
1 | months of
highest receipts). The distribution made in March of | ||||||
2 | each year
subsequent to the year in which an allocation was | ||||||
3 | made pursuant to this
paragraph and the preceding paragraph | ||||||
4 | shall be reduced by the
amount allocated and disbursed under | ||||||
5 | this paragraph in the preceding
calendar year. The Department | ||||||
6 | shall prepare and certify to the Comptroller
for disbursement | ||||||
7 | the allocations made in accordance with this paragraph.
| ||||||
8 | Nothing in this Section shall be construed to authorize a
| ||||||
9 | county to impose a tax upon the privilege of engaging in any
| ||||||
10 | business which under the Constitution of the United States may | ||||||
11 | not be
made the subject of taxation by this State.
| ||||||
12 | An ordinance or resolution imposing or discontinuing a tax | ||||||
13 | hereunder or
effecting a change in the rate thereof shall be | ||||||
14 | adopted and a certified
copy thereof filed with the Department | ||||||
15 | on or before the first day of June,
whereupon the Department | ||||||
16 | shall proceed to administer and enforce this
Section as of the | ||||||
17 | first day of September next following such adoption and
filing. | ||||||
18 | Beginning January 1, 1992, an ordinance or resolution imposing
| ||||||
19 | or discontinuing the tax hereunder or effecting a change in the | ||||||
20 | rate
thereof shall be adopted and a certified copy thereof | ||||||
21 | filed with the
Department on or before the first day of July, | ||||||
22 | whereupon the Department
shall proceed to administer and | ||||||
23 | enforce this Section as of the first day of
October next | ||||||
24 | following such adoption and filing.
Beginning January 1, 1993, | ||||||
25 | an ordinance or resolution imposing or
discontinuing the tax | ||||||
26 | hereunder or effecting a change in the rate thereof
shall be |
| |||||||
| |||||||
1 | adopted and a certified copy thereof filed with the Department | ||||||
2 | on
or before the first day of October, whereupon the Department | ||||||
3 | shall proceed
to administer and enforce this Section as of the | ||||||
4 | first day of January next
following such adoption and filing.
| ||||||
5 | Beginning April 1, 1998, an ordinance or
resolution imposing or
| ||||||
6 | discontinuing the tax hereunder or effecting a change in the | ||||||
7 | rate thereof shall
either (i) be adopted and a certified copy | ||||||
8 | thereof filed with the Department on
or
before the first day of | ||||||
9 | April, whereupon the Department shall proceed to
administer and | ||||||
10 | enforce this Section as of the first day of July next following
| ||||||
11 | the adoption and filing; or (ii) be adopted and a certified | ||||||
12 | copy thereof filed
with the Department on or before the first | ||||||
13 | day of October, whereupon the
Department shall proceed to | ||||||
14 | administer and enforce this Section as of the first
day of | ||||||
15 | January next following the adoption and filing.
| ||||||
16 | This Section shall be known and may be cited as the Home | ||||||
17 | Rule County
Service Occupation Tax Law.
| ||||||
18 | (Source: P.A. 96-939, eff. 6-24-10.)
| ||||||
19 | Section 50-20. The Illinois Municipal Code is amended by | ||||||
20 | changing Sections 8-11-1, 8-11-1.3, 8-11-1.4, 8-11-1.6, | ||||||
21 | 8-11-1.7, and 8-11-5 as follows:
| ||||||
22 | (65 ILCS 5/8-11-1) (from Ch. 24, par. 8-11-1)
| ||||||
23 | Sec. 8-11-1. Home Rule Municipal Retailers' Occupation Tax | ||||||
24 | Act. The
corporate authorities of a home rule municipality may
|
| |||||||
| |||||||
1 | impose a tax upon all persons engaged in the business of | ||||||
2 | selling tangible
personal property, other than an item of | ||||||
3 | tangible personal property titled
or registered with an agency | ||||||
4 | of this State's government, at retail in the
municipality on | ||||||
5 | the gross receipts from these sales made in
the course of such | ||||||
6 | business. If imposed, the tax shall only
be imposed in 1/4% | ||||||
7 | increments. On and after September 1, 1991, this
additional tax | ||||||
8 | may not be imposed on the sales of food for human
consumption | ||||||
9 | that is to be consumed off the premises where it
is sold (other | ||||||
10 | than alcoholic beverages, soft drinks and food that has
been | ||||||
11 | prepared for immediate consumption) and prescription and
| ||||||
12 | nonprescription medicines, drugs, medical appliances and | ||||||
13 | insulin, urine
testing materials, syringes and needles used by | ||||||
14 | diabetics. The tax imposed
by a home rule municipality under | ||||||
15 | this Section and all
civil penalties that may be assessed as an | ||||||
16 | incident of the tax shall
be collected and enforced by the | ||||||
17 | State Department of
Revenue. The certificate of registration | ||||||
18 | that is issued by
the Department to a retailer under the | ||||||
19 | Retailers' Occupation Tax Act
shall permit the retailer to | ||||||
20 | engage in a business that is taxable
under any ordinance or | ||||||
21 | resolution enacted pursuant to
this Section without | ||||||
22 | registering separately with the Department under such
| ||||||
23 | ordinance or resolution or under this Section. The Department | ||||||
24 | shall have
full power to administer and enforce this Section; | ||||||
25 | to collect all taxes and
penalties due hereunder; to dispose of | ||||||
26 | taxes and penalties so collected in
the manner hereinafter |
| |||||||
| |||||||
1 | provided; and to determine all rights to
credit memoranda | ||||||
2 | arising on account of the erroneous payment of tax or
penalty | ||||||
3 | hereunder. In the administration of, and compliance with, this
| ||||||
4 | Section the Department and persons who are subject to this | ||||||
5 | Section shall
have the same rights, remedies, privileges, | ||||||
6 | immunities, powers and duties,
and be subject to the same | ||||||
7 | conditions, restrictions, limitations, penalties
and | ||||||
8 | definitions of terms, and employ the same modes of procedure, | ||||||
9 | as are
prescribed in Sections 1, 1a, 1d, 1e, 1f, 1i, 1j, 1k, | ||||||
10 | 1m, 1n, 2 through
2-65 (in
respect to all provisions therein | ||||||
11 | other than the State rate of tax), 2c, 3
(except as to the | ||||||
12 | disposition of taxes and penalties collected), 4, 5, 5a,
5b, | ||||||
13 | 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, | ||||||
14 | 9, 10, 11,
12 and 13 of the Retailers' Occupation Tax Act and | ||||||
15 | Section 3-7 of the
Uniform Penalty and Interest Act, as fully | ||||||
16 | as if those provisions were
set forth herein.
| ||||||
17 | No tax may be imposed by a home rule municipality under | ||||||
18 | this Section
unless the municipality also imposes a tax at the | ||||||
19 | same rate under Section
8-11-5 of this Act.
| ||||||
20 | Persons subject to any tax imposed under the authority | ||||||
21 | granted in this
Section may reimburse themselves for their | ||||||
22 | seller's tax liability hereunder
by separately stating that tax | ||||||
23 | as an additional charge, which charge may be
stated in | ||||||
24 | combination, in a single amount, with State tax which sellers | ||||||
25 | are
required to collect under the Use Tax Act, pursuant to such | ||||||
26 | bracket
schedules as the Department may prescribe.
|
| |||||||
| |||||||
1 | Whenever the Department determines that a refund should be | ||||||
2 | made under
this Section to a claimant instead of issuing a | ||||||
3 | credit memorandum, the
Department shall notify the State | ||||||
4 | Comptroller, who shall cause the
order to be drawn for the | ||||||
5 | amount specified and to the person named
in the notification | ||||||
6 | from the Department. The refund shall be paid by the
State | ||||||
7 | Treasurer out of the home rule municipal retailers' occupation | ||||||
8 | tax fund.
| ||||||
9 | The Department shall immediately pay over to the State
| ||||||
10 | Treasurer, ex officio, as trustee, all taxes and penalties | ||||||
11 | collected
hereunder. | ||||||
12 | As soon as possible after the first day of each month, | ||||||
13 | beginning January 1, 2011, upon certification of the Department | ||||||
14 | of Revenue, the Comptroller shall order transferred, and the | ||||||
15 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
16 | local sales tax increment, as defined in the Innovation | ||||||
17 | Development and Economy Act, collected under this Section | ||||||
18 | during the second preceding calendar month for sales within a | ||||||
19 | STAR bond district. | ||||||
20 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
21 | on or before the 25th day of each calendar month, the
| ||||||
22 | Department shall prepare and certify to the Comptroller the | ||||||
23 | disbursement of
stated sums of money to named municipalities, | ||||||
24 | the municipalities to be
those from which retailers have paid | ||||||
25 | taxes or penalties hereunder to the
Department during the | ||||||
26 | second preceding calendar month. The amount to be
paid to each |
| |||||||
| |||||||
1 | municipality shall be the amount (not including credit
| ||||||
2 | memoranda) collected hereunder during the second preceding | ||||||
3 | calendar month
by the Department plus an amount the Department | ||||||
4 | determines is necessary to
offset any amounts that were | ||||||
5 | erroneously paid to a different
taxing body, and not including | ||||||
6 | an amount equal to the amount of refunds
made during the second | ||||||
7 | preceding calendar month by the Department on
behalf of such | ||||||
8 | municipality, and not including any amount that the Department
| ||||||
9 | determines is necessary to offset any amounts that were payable | ||||||
10 | to a
different taxing body but were erroneously paid to the | ||||||
11 | municipality, and not including any amounts that are | ||||||
12 | transferred to the STAR Bonds Revenue Fund , less 2% of the | ||||||
13 | remainder, which the Department shall transfer into the Tax | ||||||
14 | Compliance and Administration Fund. The Department, at the time | ||||||
15 | of each monthly disbursement to the municipalities, shall | ||||||
16 | prepare and certify to the State Comptroller the amount to be | ||||||
17 | transferred into the Tax Compliance and Administration Fund | ||||||
18 | under this Section . Within
10 days after receipt by the | ||||||
19 | Comptroller of the disbursement certification
to the | ||||||
20 | municipalities and the Tax Compliance and Administration Fund | ||||||
21 | provided for in this Section to be given to the
Comptroller by | ||||||
22 | the Department, the Comptroller shall cause the orders to be
| ||||||
23 | drawn for the respective amounts in accordance with the | ||||||
24 | directions
contained in the certification.
| ||||||
25 | In addition to the disbursement required by the preceding | ||||||
26 | paragraph and
in order to mitigate delays caused by |
| |||||||
| |||||||
1 | distribution procedures, an
allocation shall, if requested, be | ||||||
2 | made within 10 days after January 14,
1991, and in November of | ||||||
3 | 1991 and each year thereafter, to each
municipality that | ||||||
4 | received more than $500,000 during the preceding fiscal
year, | ||||||
5 | (July 1 through June 30) whether collected by the municipality | ||||||
6 | or
disbursed by the Department as required by this Section. | ||||||
7 | Within 10 days
after January 14, 1991, participating | ||||||
8 | municipalities shall notify the
Department in writing of their | ||||||
9 | intent to participate. In addition, for the
initial | ||||||
10 | distribution, participating municipalities shall certify to | ||||||
11 | the
Department the amounts collected by the municipality for | ||||||
12 | each month under
its home rule occupation and service | ||||||
13 | occupation tax during the period July
1, 1989 through June 30, | ||||||
14 | 1990. The allocation within 10 days after January
14, 1991, | ||||||
15 | shall be in an amount equal to the monthly average of these
| ||||||
16 | amounts, excluding the 2 months of highest receipts. The | ||||||
17 | monthly average
for the period of July 1, 1990 through June 30, | ||||||
18 | 1991 will be determined as
follows: the amounts collected by | ||||||
19 | the municipality under its home rule
occupation and service | ||||||
20 | occupation tax during the period of July 1, 1990
through | ||||||
21 | September 30, 1990, plus amounts collected by the Department | ||||||
22 | and
paid to such municipality through June 30, 1991, excluding | ||||||
23 | the 2 months of
highest receipts. The monthly average for each | ||||||
24 | subsequent period of July 1
through June 30 shall be an amount | ||||||
25 | equal to the monthly distribution made
to each such | ||||||
26 | municipality under the preceding paragraph during this period,
|
| |||||||
| |||||||
1 | excluding the 2 months of highest receipts. The distribution | ||||||
2 | made in
November 1991 and each year thereafter under this | ||||||
3 | paragraph and the
preceding paragraph shall be reduced by the | ||||||
4 | amount allocated and disbursed
under this paragraph in the | ||||||
5 | preceding period of July 1 through June 30.
The Department | ||||||
6 | shall prepare and certify to the Comptroller for
disbursement | ||||||
7 | the allocations made in accordance with this paragraph.
| ||||||
8 | For the purpose of determining the local governmental unit | ||||||
9 | whose tax
is applicable, a retail sale by a producer of coal or | ||||||
10 | other mineral
mined in Illinois is a sale at retail at the | ||||||
11 | place where the coal or
other mineral mined in Illinois is | ||||||
12 | extracted from the earth. This
paragraph does not apply to coal | ||||||
13 | or other mineral when it is delivered
or shipped by the seller | ||||||
14 | to the purchaser at a point outside Illinois so
that the sale | ||||||
15 | is exempt under the United States Constitution as a sale in
| ||||||
16 | interstate or foreign commerce.
| ||||||
17 | Nothing in this Section shall be construed to authorize a
| ||||||
18 | municipality to impose a tax upon the privilege of engaging in | ||||||
19 | any
business which under the Constitution of the United States | ||||||
20 | may not be
made the subject of taxation by this State.
| ||||||
21 | An ordinance or resolution imposing or discontinuing a tax | ||||||
22 | hereunder or
effecting a change in the rate thereof shall be | ||||||
23 | adopted and a certified
copy thereof filed with the Department | ||||||
24 | on or before the first day of June,
whereupon the Department | ||||||
25 | shall proceed to administer and enforce this
Section as of the | ||||||
26 | first day of September next following the
adoption and filing. |
| |||||||
| |||||||
1 | Beginning January 1, 1992, an ordinance or resolution
imposing | ||||||
2 | or discontinuing the tax hereunder or effecting a change in the
| ||||||
3 | rate thereof shall be adopted and a certified copy thereof | ||||||
4 | filed with the
Department on or before the first day of July, | ||||||
5 | whereupon the Department
shall proceed to administer and | ||||||
6 | enforce this Section as of the first day of
October next | ||||||
7 | following such adoption and filing. Beginning January 1, 1993,
| ||||||
8 | an ordinance or resolution imposing or discontinuing the tax | ||||||
9 | hereunder or
effecting a change in the rate thereof shall be | ||||||
10 | adopted and a certified
copy thereof filed with the Department | ||||||
11 | on or before the first day of
October, whereupon the Department | ||||||
12 | shall proceed to administer and enforce
this Section as of the | ||||||
13 | first day of January next following the
adoption and filing.
| ||||||
14 | However, a municipality located in a county with a population | ||||||
15 | in excess of
3,000,000 that elected to become a home rule unit | ||||||
16 | at the general primary
election in
1994 may adopt an ordinance | ||||||
17 | or resolution imposing the tax under this Section
and file a | ||||||
18 | certified copy of the ordinance or resolution with the | ||||||
19 | Department on
or before July 1, 1994. The Department shall then | ||||||
20 | proceed to administer and
enforce this Section as of October 1, | ||||||
21 | 1994.
Beginning April 1, 1998, an ordinance or
resolution | ||||||
22 | imposing or
discontinuing the tax hereunder or effecting a | ||||||
23 | change in the rate thereof shall
either (i) be adopted and a | ||||||
24 | certified copy thereof filed with the Department on
or
before | ||||||
25 | the first day of April, whereupon the Department shall proceed | ||||||
26 | to
administer and enforce this Section as of the first day of |
| |||||||
| |||||||
1 | July next following
the adoption and filing; or (ii) be adopted | ||||||
2 | and a certified copy thereof filed
with the Department on or | ||||||
3 | before the first day of October, whereupon the
Department shall | ||||||
4 | proceed to administer and enforce this Section as of the first
| ||||||
5 | day of January next following the adoption and filing.
| ||||||
6 | When certifying the amount of a monthly disbursement to a | ||||||
7 | municipality
under this Section, the Department shall increase | ||||||
8 | or decrease the amount by
an amount necessary to offset any | ||||||
9 | misallocation of previous disbursements.
The offset amount | ||||||
10 | shall be the amount erroneously disbursed
within the previous 6 | ||||||
11 | months from the time a misallocation is discovered.
| ||||||
12 | Any unobligated balance remaining in the Municipal | ||||||
13 | Retailers' Occupation
Tax Fund on December 31, 1989, which fund | ||||||
14 | was abolished by Public Act
85-1135, and all receipts of | ||||||
15 | municipal tax as a result of audits of
liability periods prior | ||||||
16 | to January 1, 1990, shall be paid into the Local
Government Tax | ||||||
17 | Fund for distribution as provided by this Section prior to
the | ||||||
18 | enactment of Public Act 85-1135. All receipts of municipal tax | ||||||
19 | as a
result of an assessment not arising from an audit, for | ||||||
20 | liability periods
prior to January 1, 1990, shall be paid into | ||||||
21 | the Local Government Tax Fund
for distribution before July 1, | ||||||
22 | 1990, as provided by this Section prior to
the enactment of | ||||||
23 | Public Act 85-1135; and on and after July 1,
1990, all such | ||||||
24 | receipts shall be distributed as provided in Section
6z-18 of | ||||||
25 | the State Finance Act.
| ||||||
26 | As used in this Section, "municipal" and "municipality" |
| |||||||
| |||||||
1 | means a city,
village or incorporated town, including an | ||||||
2 | incorporated town that has
superseded a civil township.
| ||||||
3 | This Section shall be known and may be cited as the Home | ||||||
4 | Rule Municipal
Retailers' Occupation Tax Act.
| ||||||
5 | (Source: P.A. 99-217, eff. 7-31-15.)
| ||||||
6 | (65 ILCS 5/8-11-1.3) (from Ch. 24, par. 8-11-1.3)
| ||||||
7 | Sec. 8-11-1.3. Non-Home Rule Municipal Retailers' | ||||||
8 | Occupation Tax Act. The corporate authorities of a non-home | ||||||
9 | rule municipality may impose
a tax upon all persons engaged in | ||||||
10 | the business of selling tangible
personal property, other than | ||||||
11 | on an item of tangible personal property
which is titled and | ||||||
12 | registered by an agency of this State's Government,
at retail | ||||||
13 | in the municipality for expenditure on
public infrastructure or | ||||||
14 | for property tax relief or both as defined in
Section 8-11-1.2 | ||||||
15 | if approved by
referendum as provided in Section 8-11-1.1, of | ||||||
16 | the gross receipts from such
sales made in the course of such | ||||||
17 | business.
If the tax is approved by referendum on or after July | ||||||
18 | 14, 2010 (the effective date of Public Act 96-1057), the | ||||||
19 | corporate authorities of a non-home rule municipality may, | ||||||
20 | until December 31, 2020, use the proceeds of the tax for | ||||||
21 | expenditure on municipal operations, in addition to or in lieu | ||||||
22 | of any expenditure on public infrastructure or for property tax | ||||||
23 | relief. The tax imposed may not be more than 1% and may be | ||||||
24 | imposed only in
1/4% increments. The tax may not be imposed on | ||||||
25 | the sale of food for human
consumption that is
to be consumed |
| |||||||
| |||||||
1 | off the premises where it is sold (other than alcoholic
| ||||||
2 | beverages, soft drinks, and food that has been prepared for | ||||||
3 | immediate
consumption) and prescription and nonprescription | ||||||
4 | medicines, drugs, medical
appliances, and insulin, urine | ||||||
5 | testing materials, syringes, and needles used by
diabetics.
The | ||||||
6 | tax imposed by a
municipality pursuant to this Section and all | ||||||
7 | civil penalties that may be
assessed as an incident thereof | ||||||
8 | shall be collected and enforced by the
State Department of | ||||||
9 | Revenue. The certificate of registration which is
issued by the | ||||||
10 | Department to a retailer under the Retailers' Occupation Tax
| ||||||
11 | Act shall permit such retailer to engage in a business which is | ||||||
12 | taxable
under any ordinance or resolution enacted pursuant to
| ||||||
13 | this Section without registering separately with the | ||||||
14 | Department under
such ordinance or resolution or under this | ||||||
15 | Section. The Department
shall have full power to administer and | ||||||
16 | enforce this Section; to collect
all taxes and penalties due | ||||||
17 | hereunder; to dispose of taxes and penalties
so collected in | ||||||
18 | the manner hereinafter provided, and to determine all
rights to | ||||||
19 | credit memoranda, arising on account of the erroneous payment
| ||||||
20 | of tax or penalty hereunder. In the administration of, and | ||||||
21 | compliance
with, this Section, the Department and persons who | ||||||
22 | are subject to this
Section shall have the same rights, | ||||||
23 | remedies, privileges, immunities,
powers and duties, and be | ||||||
24 | subject to the same conditions, restrictions,
limitations, | ||||||
25 | penalties and definitions of terms, and employ the same
modes | ||||||
26 | of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1d, |
| |||||||
| |||||||
1 | 1e,
1f, 1i, 1j, 2 through 2-65 (in respect to all provisions | ||||||
2 | therein other than
the State rate of tax), 2c, 3 (except as to | ||||||
3 | the disposition of taxes and
penalties collected), 4, 5, 5a, | ||||||
4 | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,
6, 6a, 6b, 6c, 6d, | ||||||
5 | 7, 8, 9, 10, 11, 12 and 13 of the Retailers'
Occupation Tax Act | ||||||
6 | and Section 3-7 of the Uniform Penalty and Interest
Act as | ||||||
7 | fully as if those provisions were set forth herein.
| ||||||
8 | No municipality may impose a tax under this Section unless | ||||||
9 | the municipality
also imposes a tax at the same rate under | ||||||
10 | Section 8-11-1.4 of this Code.
| ||||||
11 | Persons subject to any tax imposed pursuant to the | ||||||
12 | authority granted
in this Section may reimburse themselves for | ||||||
13 | their seller's tax
liability hereunder by separately stating | ||||||
14 | such tax as an additional
charge, which charge may be stated in | ||||||
15 | combination, in a single amount,
with State tax which sellers | ||||||
16 | are required to collect under the Use Tax
Act, pursuant to such | ||||||
17 | bracket schedules as the Department may prescribe.
| ||||||
18 | Whenever the Department determines that a refund should be | ||||||
19 | made under
this Section to a claimant instead of issuing a | ||||||
20 | credit memorandum, the
Department shall notify the State | ||||||
21 | Comptroller, who shall cause the
order to be drawn for the | ||||||
22 | amount specified, and to the person named,
in such notification | ||||||
23 | from the Department. Such refund shall be paid by
the State | ||||||
24 | Treasurer out of the non-home rule municipal retailers'
| ||||||
25 | occupation tax fund.
| ||||||
26 | The Department shall forthwith pay over to the State |
| |||||||
| |||||||
1 | Treasurer, ex
officio, as trustee, all taxes and penalties | ||||||
2 | collected hereunder. | ||||||
3 | As soon as possible after the first day of each month, | ||||||
4 | beginning January 1, 2011, upon certification of the Department | ||||||
5 | of Revenue, the Comptroller shall order transferred, and the | ||||||
6 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
7 | local sales tax increment, as defined in the Innovation | ||||||
8 | Development and Economy Act, collected under this Section | ||||||
9 | during the second preceding calendar month for sales within a | ||||||
10 | STAR bond district. | ||||||
11 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
12 | on or
before the 25th day of each calendar month, the | ||||||
13 | Department shall
prepare and certify to the Comptroller the | ||||||
14 | disbursement of stated sums
of money to named municipalities, | ||||||
15 | the municipalities to be those from
which retailers have paid | ||||||
16 | taxes or penalties hereunder to the Department
during the | ||||||
17 | second preceding calendar month. The amount to be paid to each
| ||||||
18 | municipality shall be the amount (not including credit | ||||||
19 | memoranda) collected
hereunder during the second preceding | ||||||
20 | calendar month by the Department plus
an amount the Department | ||||||
21 | determines is necessary to offset any amounts
which were | ||||||
22 | erroneously paid to a different taxing body, and not including
| ||||||
23 | an amount equal to the amount of refunds made during the second | ||||||
24 | preceding
calendar month by the Department on behalf of such | ||||||
25 | municipality, and not
including any amount which the Department | ||||||
26 | determines is necessary to offset
any amounts which were |
| |||||||
| |||||||
1 | payable to a different taxing body but were
erroneously paid to | ||||||
2 | the municipality, and not including any amounts that are | ||||||
3 | transferred to the STAR Bonds Revenue Fund , less 2% of the | ||||||
4 | remainder, which the Department shall transfer into the Tax | ||||||
5 | Compliance and Administration Fund. The Department, at the time | ||||||
6 | of each monthly disbursement to the municipalities, shall | ||||||
7 | prepare and certify to the State Comptroller the amount to be | ||||||
8 | transferred into the Tax Compliance and Administration Fund | ||||||
9 | under this Section . Within 10 days after receipt, by the
| ||||||
10 | Comptroller, of the disbursement certification to the | ||||||
11 | municipalities and the Tax Compliance and Administration Fund ,
| ||||||
12 | provided for in this Section to be given to the Comptroller by | ||||||
13 | the
Department, the Comptroller shall cause the orders to be | ||||||
14 | drawn for the
respective amounts in accordance with the | ||||||
15 | directions contained in such
certification.
| ||||||
16 | For the purpose of determining the local governmental unit | ||||||
17 | whose tax
is applicable, a retail sale, by a producer of coal | ||||||
18 | or other mineral
mined in Illinois, is a sale at retail at the | ||||||
19 | place where the coal or
other mineral mined in Illinois is | ||||||
20 | extracted from the earth. This
paragraph does not apply to coal | ||||||
21 | or other mineral when it is delivered
or shipped by the seller | ||||||
22 | to the purchaser at a point outside Illinois so
that the sale | ||||||
23 | is exempt under the Federal Constitution as a sale in
| ||||||
24 | interstate or foreign commerce.
| ||||||
25 | Nothing in this Section shall be construed to authorize a
| ||||||
26 | municipality to impose a tax upon the privilege of engaging in |
| |||||||
| |||||||
1 | any
business which under the constitution of the United States | ||||||
2 | may not be
made the subject of taxation by this State.
| ||||||
3 | When certifying the amount of a monthly disbursement to a | ||||||
4 | municipality
under this Section, the Department shall increase | ||||||
5 | or decrease such amount
by an amount necessary to offset any | ||||||
6 | misallocation of previous
disbursements. The offset amount | ||||||
7 | shall be the amount erroneously disbursed
within the previous 6 | ||||||
8 | months from the time a misallocation is discovered.
| ||||||
9 | The Department of Revenue shall implement this amendatory | ||||||
10 | Act of the 91st
General Assembly so as to collect the tax on | ||||||
11 | and after January 1, 2002.
| ||||||
12 | As used in this Section, "municipal" and "municipality" | ||||||
13 | means a city,
village or incorporated town, including an | ||||||
14 | incorporated town which has
superseded a civil township.
| ||||||
15 | This Section shall be known and may be cited as the | ||||||
16 | "Non-Home Rule
Municipal Retailers' Occupation Tax Act".
| ||||||
17 | (Source: P.A. 99-217, eff. 7-31-15.)
| ||||||
18 | (65 ILCS 5/8-11-1.4) (from Ch. 24, par. 8-11-1.4)
| ||||||
19 | Sec. 8-11-1.4. Non-Home Rule Municipal Service Occupation | ||||||
20 | Tax Act. The
corporate authorities of a non-home rule | ||||||
21 | municipality may impose a
tax upon all persons engaged, in such | ||||||
22 | municipality, in the business of
making sales of service for | ||||||
23 | expenditure on
public infrastructure or for property tax relief | ||||||
24 | or both as defined in
Section 8-11-1.2 if approved by
| ||||||
25 | referendum as provided in Section 8-11-1.1, of the selling |
| |||||||
| |||||||
1 | price of
all tangible personal property transferred by such | ||||||
2 | servicemen either in
the form of tangible personal property or | ||||||
3 | in the form of real estate as
an incident to a sale of service.
| ||||||
4 | If the tax is approved by referendum on or after July 14, 2010 | ||||||
5 | (the effective date of Public Act 96-1057), the corporate | ||||||
6 | authorities of a non-home rule municipality may, until December | ||||||
7 | 31, 2020, use the proceeds of the tax for expenditure on | ||||||
8 | municipal operations, in addition to or in lieu of any | ||||||
9 | expenditure on public infrastructure or for property tax | ||||||
10 | relief. The tax imposed may not be more than 1% and may be | ||||||
11 | imposed only in
1/4% increments. The tax may not be imposed on | ||||||
12 | the sale of food for human
consumption that is
to be consumed | ||||||
13 | off the premises where it is sold (other than alcoholic
| ||||||
14 | beverages, soft drinks, and food that has been prepared for | ||||||
15 | immediate
consumption) and prescription and nonprescription | ||||||
16 | medicines, drugs, medical
appliances, and insulin, urine | ||||||
17 | testing materials, syringes, and needles used by
diabetics.
The | ||||||
18 | tax imposed by a municipality
pursuant to this Section and all | ||||||
19 | civil penalties that may be assessed as
an incident thereof | ||||||
20 | shall be collected and enforced by the State
Department of | ||||||
21 | Revenue. The certificate of registration which is issued
by the | ||||||
22 | Department to a retailer under the Retailers' Occupation Tax
| ||||||
23 | Act or under the Service Occupation Tax Act shall permit
such | ||||||
24 | registrant to engage in a business which is taxable under any
| ||||||
25 | ordinance or resolution enacted pursuant to this Section | ||||||
26 | without
registering separately with the Department under such |
| |||||||
| |||||||
1 | ordinance or
resolution or under this Section. The Department | ||||||
2 | shall have full power
to administer and enforce this Section; | ||||||
3 | to collect all taxes and
penalties due hereunder; to dispose of | ||||||
4 | taxes and penalties so collected
in the manner hereinafter | ||||||
5 | provided, and to determine all rights to
credit memoranda | ||||||
6 | arising on account of the erroneous payment of tax or
penalty | ||||||
7 | hereunder. In the administration of, and compliance with, this
| ||||||
8 | Section the Department and persons who are subject to this | ||||||
9 | Section
shall have the same rights, remedies, privileges, | ||||||
10 | immunities, powers and
duties, and be subject to the same | ||||||
11 | conditions, restrictions, limitations,
penalties and | ||||||
12 | definitions of terms, and employ the same modes of procedure,
| ||||||
13 | as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in | ||||||
14 | respect to
all provisions therein other than the State rate of | ||||||
15 | tax), 4 (except that
the reference to the State shall be to the | ||||||
16 | taxing municipality), 5, 7, 8
(except that the jurisdiction to | ||||||
17 | which the tax shall be a debt to the
extent indicated in that | ||||||
18 | Section 8 shall be the taxing municipality), 9
(except as to | ||||||
19 | the disposition of taxes and penalties collected, and except
| ||||||
20 | that the returned merchandise credit for this municipal tax may | ||||||
21 | not be
taken against any State tax), 10, 11, 12 (except the | ||||||
22 | reference therein to
Section 2b of the Retailers' Occupation | ||||||
23 | Tax Act), 13 (except that any
reference to the State shall mean | ||||||
24 | the taxing municipality), the first
paragraph of Section 15, | ||||||
25 | 16, 17, 18, 19 and 20 of the Service Occupation
Tax Act and | ||||||
26 | Section 3-7 of the Uniform Penalty and Interest Act, as fully
|
| |||||||
| |||||||
1 | as if those provisions were set forth herein.
| ||||||
2 | No municipality may impose a tax under this Section unless | ||||||
3 | the municipality
also imposes a tax at the same rate under | ||||||
4 | Section 8-11-1.3 of this Code.
| ||||||
5 | Persons subject to any tax imposed pursuant to the | ||||||
6 | authority granted
in this Section may reimburse themselves for | ||||||
7 | their serviceman's tax
liability hereunder by separately | ||||||
8 | stating such tax as an additional
charge, which charge may be | ||||||
9 | stated in combination, in a single amount,
with State tax which | ||||||
10 | servicemen are authorized to collect under the
Service Use Tax | ||||||
11 | Act, pursuant to such bracket schedules as the
Department may | ||||||
12 | prescribe.
| ||||||
13 | Whenever the Department determines that a refund should be | ||||||
14 | made under
this Section to a claimant instead of issuing credit | ||||||
15 | memorandum, the
Department shall notify the State Comptroller, | ||||||
16 | who shall cause the
order to be drawn for the amount specified, | ||||||
17 | and to the person named,
in such notification from the | ||||||
18 | Department. Such refund shall be paid by
the State Treasurer | ||||||
19 | out of the municipal retailers' occupation tax fund.
| ||||||
20 | The Department shall forthwith pay over to the State | ||||||
21 | Treasurer,
ex officio, as trustee, all taxes and penalties | ||||||
22 | collected hereunder. | ||||||
23 | As soon as possible after the first day of each month, | ||||||
24 | beginning January 1, 2011, upon certification of the Department | ||||||
25 | of Revenue, the Comptroller shall order transferred, and the | ||||||
26 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the |
| |||||||
| |||||||
1 | local sales tax increment, as defined in the Innovation | ||||||
2 | Development and Economy Act, collected under this Section | ||||||
3 | during the second preceding calendar month for sales within a | ||||||
4 | STAR bond district. | ||||||
5 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
6 | on
or before the 25th day of each calendar month, the | ||||||
7 | Department shall
prepare and certify to the Comptroller the | ||||||
8 | disbursement of stated sums
of money to named municipalities, | ||||||
9 | the municipalities to be those from
which suppliers and | ||||||
10 | servicemen have paid taxes or penalties hereunder to
the | ||||||
11 | Department during the second preceding calendar month. The | ||||||
12 | amount
to be paid to each municipality shall be the amount (not | ||||||
13 | including credit
memoranda) collected hereunder during the | ||||||
14 | second preceding calendar
month by the Department, and not | ||||||
15 | including an amount equal to the amount
of refunds made during | ||||||
16 | the second preceding calendar month by the
Department on behalf | ||||||
17 | of such municipality, and not including any amounts that are | ||||||
18 | transferred to the STAR Bonds Revenue Fund , less 2% of the | ||||||
19 | remainder, which the Department shall transfer into the Tax | ||||||
20 | Compliance and Administration Fund. The Department, at the time | ||||||
21 | of each monthly disbursement to the municipalities, shall | ||||||
22 | prepare and certify to the State Comptroller the amount to be | ||||||
23 | transferred into the Tax Compliance and Administration Fund | ||||||
24 | under this Section . Within 10 days
after receipt, by the | ||||||
25 | Comptroller, of the disbursement certification to
the | ||||||
26 | municipalities , and the General Revenue Fund, and the Tax |
| |||||||
| |||||||
1 | Compliance and Administration Fund provided for in this
Section | ||||||
2 | to be given to the Comptroller by the Department, the
| ||||||
3 | Comptroller shall cause the orders to be drawn for the | ||||||
4 | respective
amounts in accordance with the directions contained | ||||||
5 | in such
certification.
| ||||||
6 | The Department of Revenue shall implement this amendatory | ||||||
7 | Act of the 91st
General Assembly so as to collect the tax on | ||||||
8 | and after January 1, 2002.
| ||||||
9 | Nothing in this Section shall be construed to authorize a
| ||||||
10 | municipality to impose a tax upon the privilege of engaging in | ||||||
11 | any
business which under the constitution of the United States | ||||||
12 | may not be
made the subject of taxation by this State.
| ||||||
13 | As used in this Section, "municipal" or "municipality" | ||||||
14 | means or refers to
a city, village or incorporated town, | ||||||
15 | including an incorporated town which
has superseded a civil | ||||||
16 | township.
| ||||||
17 | This Section shall be known and may be cited as the | ||||||
18 | "Non-Home Rule Municipal
Service Occupation Tax Act".
| ||||||
19 | (Source: P.A. 96-939, eff. 6-24-10; 96-1057, eff. 7-14-10; | ||||||
20 | 97-333, eff. 8-12-11; 97-837, eff. 7-20-12.)
| ||||||
21 | (65 ILCS 5/8-11-1.6)
| ||||||
22 | Sec. 8-11-1.6. Non-home rule municipal retailers | ||||||
23 | occupation tax;
municipalities between 20,000 and 25,000. The
| ||||||
24 | corporate
authorities of a non-home rule municipality with a | ||||||
25 | population of more than
20,000 but less than 25,000 that has, |
| |||||||
| |||||||
1 | prior to January 1, 1987, established a
Redevelopment Project | ||||||
2 | Area that has been certified as a State Sales Tax
Boundary and | ||||||
3 | has issued bonds or otherwise incurred indebtedness to pay for
| ||||||
4 | costs in excess of $5,000,000, which is secured in part by a | ||||||
5 | tax increment
allocation fund, in accordance with the | ||||||
6 | provisions of Division 11-74.4 of this
Code may, by passage of | ||||||
7 | an ordinance, impose a tax upon all persons engaged in
the | ||||||
8 | business of selling tangible personal property, other than on | ||||||
9 | an item of
tangible personal property that is titled and | ||||||
10 | registered by an agency of this
State's Government, at retail | ||||||
11 | in the municipality. This tax may not be
imposed on the sales | ||||||
12 | of food for human consumption that is to be consumed off
the | ||||||
13 | premises where it is sold (other than alcoholic beverages, soft | ||||||
14 | drinks, and
food that has been prepared for immediate | ||||||
15 | consumption) and prescription and
nonprescription medicines, | ||||||
16 | drugs, medical appliances and insulin, urine testing
| ||||||
17 | materials, syringes, and needles used by diabetics.
If imposed, | ||||||
18 | the tax shall
only be imposed in .25% increments of the gross | ||||||
19 | receipts from such sales made
in the course of business. Any | ||||||
20 | tax imposed by a municipality under this Section
and all civil | ||||||
21 | penalties that may be assessed as an incident thereof shall be
| ||||||
22 | collected and enforced by the State Department of Revenue. An | ||||||
23 | ordinance
imposing a tax hereunder or effecting a change in the | ||||||
24 | rate
thereof shall be adopted and a certified copy thereof | ||||||
25 | filed with the Department
on or before the first day of | ||||||
26 | October, whereupon the Department shall proceed
to administer |
| |||||||
| |||||||
1 | and enforce this Section as of the first day of January next
| ||||||
2 | following such adoption and filing. The certificate of | ||||||
3 | registration that is
issued by the Department to a retailer | ||||||
4 | under the Retailers' Occupation Tax Act
shall permit the | ||||||
5 | retailer to engage in a business that is taxable under any
| ||||||
6 | ordinance or resolution enacted under this Section without | ||||||
7 | registering
separately with the Department under the ordinance | ||||||
8 | or resolution or under this
Section. The Department shall have | ||||||
9 | full power to administer and enforce this
Section, to collect | ||||||
10 | all taxes and penalties due hereunder, to dispose of taxes
and | ||||||
11 | penalties so collected in the manner hereinafter provided, and | ||||||
12 | to determine
all rights to credit memoranda, arising on account | ||||||
13 | of the erroneous payment of
tax or penalty hereunder. In the | ||||||
14 | administration of, and compliance with
this Section, the | ||||||
15 | Department and persons who are subject to this Section shall
| ||||||
16 | have the same rights, remedies, privileges, immunities, | ||||||
17 | powers, and duties, and
be subject to the same conditions, | ||||||
18 | restrictions, limitations, penalties, and
definitions of | ||||||
19 | terms, and employ the same modes of procedure, as are | ||||||
20 | prescribed
in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2 | ||||||
21 | through 2-65 (in respect to all
provisions therein other than | ||||||
22 | the State rate of tax), 2c, 3 (except as to the
disposition of | ||||||
23 | taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
| ||||||
24 | 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 | ||||||
25 | and 13 of the
Retailers' Occupation Tax Act and Section 3-7 of | ||||||
26 | the Uniform Penalty and
Interest Act as fully as if those |
| |||||||
| |||||||
1 | provisions were set forth herein.
| ||||||
2 | A tax may not be imposed by a municipality under this | ||||||
3 | Section unless the
municipality also imposes a tax at the same | ||||||
4 | rate under Section 8-11-1.7 of this
Act.
| ||||||
5 | Persons subject to any tax imposed under the authority | ||||||
6 | granted in this
Section, may reimburse themselves for their | ||||||
7 | seller's tax liability hereunder by
separately stating the tax | ||||||
8 | as an additional charge, which charge may be stated
in | ||||||
9 | combination, in a single amount, with State tax which sellers | ||||||
10 | are required
to collect under the Use Tax Act, pursuant to such | ||||||
11 | bracket schedules as the
Department may prescribe.
| ||||||
12 | Whenever the Department determines that a refund should be | ||||||
13 | made under this
Section to a claimant, instead of issuing a | ||||||
14 | credit memorandum, the Department
shall notify the State | ||||||
15 | Comptroller, who shall cause the order to be drawn for
the | ||||||
16 | amount specified, and to the person named in the notification | ||||||
17 | from the
Department. The refund shall be paid by the State | ||||||
18 | Treasurer out of the
Non-Home Rule Municipal Retailers' | ||||||
19 | Occupation Tax Fund, which is hereby
created.
| ||||||
20 | The Department shall forthwith pay over to the State | ||||||
21 | Treasurer, ex officio,
as trustee, all taxes and penalties | ||||||
22 | collected hereunder. | ||||||
23 | As soon as possible after the first day of each month, | ||||||
24 | beginning January 1, 2011, upon certification of the Department | ||||||
25 | of Revenue, the Comptroller shall order transferred, and the | ||||||
26 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the |
| |||||||
| |||||||
1 | local sales tax increment, as defined in the Innovation | ||||||
2 | Development and Economy Act, collected under this Section | ||||||
3 | during the second preceding calendar month for sales within a | ||||||
4 | STAR bond district. | ||||||
5 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
6 | on or before the 25th
day of each calendar month, the | ||||||
7 | Department shall prepare and certify to the
Comptroller the | ||||||
8 | disbursement of stated sums of money to named municipalities,
| ||||||
9 | the municipalities to be those from which retailers have paid | ||||||
10 | taxes or
penalties hereunder to the Department during the | ||||||
11 | second preceding calendar
month. The amount to be paid to each | ||||||
12 | municipality shall be the amount (not
including credit | ||||||
13 | memoranda) collected hereunder during the second preceding
| ||||||
14 | calendar month by the Department plus an amount the Department | ||||||
15 | determines is
necessary to offset any amounts that were | ||||||
16 | erroneously paid to a different
taxing body, and not including | ||||||
17 | an amount equal to the amount of refunds made
during the second | ||||||
18 | preceding calendar month by the Department on behalf of the
| ||||||
19 | municipality, and not including any amount that the Department | ||||||
20 | determines is
necessary to offset any amounts that were payable | ||||||
21 | to a different taxing body
but were erroneously paid to the | ||||||
22 | municipality, and not including any amounts that are | ||||||
23 | transferred to the STAR Bonds Revenue Fund , less 2% of the | ||||||
24 | remainder, which the Department shall transfer into the Tax | ||||||
25 | Compliance and Administration Fund. The Department, at the time | ||||||
26 | of each monthly disbursement to the municipalities, shall |
| |||||||
| |||||||
1 | prepare and certify to the State Comptroller the amount to be | ||||||
2 | transferred into the Tax Compliance and Administration Fund | ||||||
3 | under this Section . Within 10 days after receipt
by the | ||||||
4 | Comptroller of the disbursement certification to the | ||||||
5 | municipalities
and the Tax Compliance and Administration Fund | ||||||
6 | provided for in this Section to be given to the Comptroller by | ||||||
7 | the Department,
the Comptroller shall cause the orders to be | ||||||
8 | drawn for the respective amounts
in accordance with the | ||||||
9 | directions contained in the certification.
| ||||||
10 | For the purpose of determining the local governmental unit | ||||||
11 | whose tax is
applicable, a retail sale by a producer of coal or | ||||||
12 | other mineral mined in
Illinois is a sale at retail at the | ||||||
13 | place where the coal or other mineral
mined in Illinois is | ||||||
14 | extracted from the earth. This paragraph does not apply
to coal | ||||||
15 | or other mineral when it is delivered or shipped by the seller | ||||||
16 | to the
purchaser at a point outside Illinois so that the sale | ||||||
17 | is exempt under the
federal Constitution as a sale in | ||||||
18 | interstate or foreign commerce.
| ||||||
19 | Nothing in this Section shall be construed to authorize a | ||||||
20 | municipality to
impose a tax upon the privilege of engaging in | ||||||
21 | any business which under the
constitution of the United States | ||||||
22 | may not be made the subject of taxation by
this State.
| ||||||
23 | When certifying the amount of a monthly disbursement to a | ||||||
24 | municipality under
this Section, the Department shall increase | ||||||
25 | or decrease the amount by an
amount necessary to offset any | ||||||
26 | misallocation of previous disbursements. The
offset amount |
| |||||||
| |||||||
1 | shall be the amount erroneously disbursed within the previous 6
| ||||||
2 | months from the time a misallocation is discovered.
| ||||||
3 | As used in this Section, "municipal" and "municipality" | ||||||
4 | means a city,
village, or incorporated town, including an | ||||||
5 | incorporated town that has
superseded a civil township.
| ||||||
6 | (Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16.)
| ||||||
7 | (65 ILCS 5/8-11-1.7)
| ||||||
8 | Sec. 8-11-1.7. Non-home rule municipal service occupation | ||||||
9 | tax;
municipalities between 20,000 and 25,000. The corporate | ||||||
10 | authorities of a
non-home rule municipality
with a population | ||||||
11 | of more than 20,000 but less than 25,000 as determined by the
| ||||||
12 | last preceding decennial census that has, prior to January 1, | ||||||
13 | 1987, established
a Redevelopment Project Area that has been | ||||||
14 | certified as a State Sales Tax
Boundary and has issued bonds or | ||||||
15 | otherwise incurred indebtedness to pay for
costs in excess of | ||||||
16 | $5,000,000, which is secured in part by a tax increment
| ||||||
17 | allocation fund, in accordance with the provisions of Division | ||||||
18 | 11-74.4 of this
Code may, by passage of an ordinance, impose a | ||||||
19 | tax upon all persons engaged in
the municipality in the | ||||||
20 | business of making sales of service. If imposed, the
tax shall | ||||||
21 | only be imposed in .25% increments of the selling price of all
| ||||||
22 | tangible personal property transferred by such servicemen | ||||||
23 | either in the form of
tangible personal property or in the form | ||||||
24 | of real estate as an incident to a
sale of service.
This tax | ||||||
25 | may not be imposed on the sales of food for human consumption |
| |||||||
| |||||||
1 | that
is to be consumed off the premises where it is sold (other | ||||||
2 | than alcoholic
beverages, soft drinks, and food that has been | ||||||
3 | prepared for immediate
consumption) and prescription and | ||||||
4 | nonprescription medicines, drugs, medical
appliances and | ||||||
5 | insulin, urine testing materials, syringes, and needles used by
| ||||||
6 | diabetics.
The tax imposed by a municipality under this Sec. | ||||||
7 | and all
civil penalties that may be assessed as an incident | ||||||
8 | thereof shall be collected
and enforced by the State Department | ||||||
9 | of Revenue. An ordinance
imposing a tax hereunder or effecting | ||||||
10 | a change in the rate
thereof shall be adopted and a certified | ||||||
11 | copy thereof filed with the Department
on or before the first | ||||||
12 | day of October, whereupon the Department shall proceed
to | ||||||
13 | administer and enforce this Section as of the first day of | ||||||
14 | January next
following such adoption and filing. The | ||||||
15 | certificate of
registration that is issued by the Department to | ||||||
16 | a retailer
under the Retailers' Occupation Tax Act or under the | ||||||
17 | Service Occupation Tax Act
shall permit the registrant to | ||||||
18 | engage in a business that is taxable under any
ordinance or | ||||||
19 | resolution enacted under this Section without registering
| ||||||
20 | separately with the Department under the ordinance or | ||||||
21 | resolution or under this
Section. The Department shall have | ||||||
22 | full power to administer and enforce this
Section, to collect | ||||||
23 | all taxes and penalties due hereunder, to dispose of taxes
and | ||||||
24 | penalties so collected in a manner hereinafter provided, and to | ||||||
25 | determine
all rights to credit memoranda arising on account of | ||||||
26 | the erroneous payment of
tax or penalty hereunder. In the |
| |||||||
| |||||||
1 | administration of and compliance with this
Section, the | ||||||
2 | Department and persons who are subject to this Section shall | ||||||
3 | have
the same rights, remedies, privileges, immunities, | ||||||
4 | powers, and duties, and be
subject to the same conditions, | ||||||
5 | restrictions, limitations, penalties and
definitions of terms, | ||||||
6 | and employ the same modes of procedure, as are prescribed
in | ||||||
7 | Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all | ||||||
8 | provisions therein
other than the State rate of tax), 4 (except | ||||||
9 | that the reference to the State
shall be to the taxing | ||||||
10 | municipality), 5, 7, 8 (except that the jurisdiction to
which | ||||||
11 | the tax shall be a debt to the extent indicated in that Section | ||||||
12 | 8 shall
be the taxing municipality), 9 (except as to the | ||||||
13 | disposition of taxes and
penalties collected, and except that | ||||||
14 | the returned merchandise credit for this
municipal tax may not | ||||||
15 | be taken against any State tax), 10, 11, 12, (except the
| ||||||
16 | reference therein to Section 2b of the Retailers' Occupation | ||||||
17 | Tax Act), 13
(except that any reference to the State shall mean | ||||||
18 | the taxing municipality),
the first paragraph of Sections 15, | ||||||
19 | 16, 17, 18, 19, and 20 of the Service
Occupation Tax Act and | ||||||
20 | Section 3-7 of the Uniform Penalty and Interest Act, as
fully | ||||||
21 | as if those provisions were set forth herein.
| ||||||
22 | A tax may not be imposed by a municipality under this | ||||||
23 | Section unless the
municipality also imposes a tax at the same | ||||||
24 | rate under Section 8-11-1.6 of this
Act.
| ||||||
25 | Person subject to any tax imposed under the authority | ||||||
26 | granted in this Section
may reimburse themselves for their |
| |||||||
| |||||||
1 | servicemen's tax liability hereunder by
separately stating the | ||||||
2 | tax as an additional charge, which charge may be stated
in | ||||||
3 | combination, in a single amount, with State tax that servicemen | ||||||
4 | are
authorized to collect under the Service Use Tax Act, under | ||||||
5 | such bracket
schedules as the Department may prescribe.
| ||||||
6 | Whenever the Department determines that a refund should be | ||||||
7 | made under this
Section to a claimant instead of issuing credit | ||||||
8 | memorandum, the Department
shall notify the State Comptroller, | ||||||
9 | who shall cause the order to be drawn for
the amount specified, | ||||||
10 | and to the person named, in such notification from the
| ||||||
11 | Department. The refund shall be paid by the State Treasurer out | ||||||
12 | of the
Non-Home Rule Municipal Retailers' Occupation Tax Fund.
| ||||||
13 | The Department shall forthwith pay over to the State | ||||||
14 | Treasurer, ex officio,
as trustee, all taxes and penalties | ||||||
15 | collected hereunder. | ||||||
16 | As soon as possible after the first day of each month, | ||||||
17 | beginning January 1, 2011, upon certification of the Department | ||||||
18 | of Revenue, the Comptroller shall order transferred, and the | ||||||
19 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
20 | local sales tax increment, as defined in the Innovation | ||||||
21 | Development and Economy Act, collected under this Section | ||||||
22 | during the second preceding calendar month for sales within a | ||||||
23 | STAR bond district. | ||||||
24 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
25 | on or before the 25th
day of each calendar month, the | ||||||
26 | Department shall prepare and certify to the
Comptroller the |
| |||||||
| |||||||
1 | disbursement of stated sums of money to named municipalities,
| ||||||
2 | the municipalities to be those from which suppliers and | ||||||
3 | servicemen have paid
taxes or penalties hereunder to the | ||||||
4 | Department during the second preceding
calendar month. The | ||||||
5 | amount to be paid to each municipality shall be the amount
(not | ||||||
6 | including credit memoranda) collected hereunder during the | ||||||
7 | second
preceding calendar month by the Department, and not | ||||||
8 | including an amount equal
to the amount of refunds made during | ||||||
9 | the second preceding calendar month by the
Department on behalf | ||||||
10 | of such municipality, and not including any amounts that are | ||||||
11 | transferred to the STAR Bonds Revenue Fund , less 2% of the | ||||||
12 | remainder, which the Department shall transfer into the Tax | ||||||
13 | Compliance and Administration Fund. The Department, at the time | ||||||
14 | of each monthly disbursement to the municipalities, shall | ||||||
15 | prepare and certify to the State Comptroller the amount to be | ||||||
16 | transferred into the Tax Compliance and Administration Fund | ||||||
17 | under this Section . Within 10 days after receipt by the
| ||||||
18 | Comptroller of the disbursement certification to the | ||||||
19 | municipalities , the Tax Compliance and Administration Fund, | ||||||
20 | and the
General Revenue Fund, provided for in this Section to | ||||||
21 | be given to the
Comptroller by the Department, the Comptroller | ||||||
22 | shall cause the orders to be
drawn for the respective amounts | ||||||
23 | in accordance with the directions contained in
the | ||||||
24 | certification.
| ||||||
25 | When certifying the amount of a monthly disbursement to a | ||||||
26 | municipality
under this Section, the Department shall increase |
| |||||||
| |||||||
1 | or decrease the amount by an
amount necessary to offset any | ||||||
2 | misallocation of previous disbursements. The
offset amount | ||||||
3 | shall be the amount erroneously disbursed within the previous 6
| ||||||
4 | months from the time a misallocation is discovered.
| ||||||
5 | Nothing in this Section shall be construed to authorize a | ||||||
6 | municipality to
impose a tax upon the privilege of engaging in | ||||||
7 | any business which under the
constitution of the United States | ||||||
8 | may not be made the subject of taxation by
this State.
| ||||||
9 | (Source: P.A. 96-939, eff. 6-24-10; 97-813, eff. 7-13-12.)
| ||||||
10 | (65 ILCS 5/8-11-5) (from Ch. 24, par. 8-11-5)
| ||||||
11 | Sec. 8-11-5. Home Rule Municipal Service Occupation Tax | ||||||
12 | Act. The
corporate authorities of a home rule municipality may
| ||||||
13 | impose a tax upon all persons engaged, in such municipality, in | ||||||
14 | the
business of making sales of service at the same rate of tax | ||||||
15 | imposed
pursuant to Section 8-11-1, of the selling price of all | ||||||
16 | tangible personal
property transferred by such servicemen | ||||||
17 | either in the form of tangible
personal property or in the form | ||||||
18 | of real estate as an incident to a sale of
service. If imposed, | ||||||
19 | such tax shall only be imposed in 1/4% increments. On
and after | ||||||
20 | September 1, 1991, this additional tax may not be imposed on | ||||||
21 | the
sales of food for human consumption which is to be consumed | ||||||
22 | off the
premises where it is sold (other than alcoholic | ||||||
23 | beverages, soft
drinks and food which has been prepared for | ||||||
24 | immediate consumption) and
prescription and nonprescription | ||||||
25 | medicines, drugs, medical appliances and
insulin, urine |
| |||||||
| |||||||
1 | testing materials, syringes and needles used by diabetics.
The | ||||||
2 | tax imposed by a home rule municipality
pursuant to this | ||||||
3 | Section and all civil penalties that may be assessed as
an | ||||||
4 | incident thereof shall be collected and enforced by the State
| ||||||
5 | Department of Revenue. The certificate of registration which is | ||||||
6 | issued
by the Department to a retailer under the Retailers' | ||||||
7 | Occupation Tax
Act or under the Service Occupation Tax Act | ||||||
8 | shall permit
such registrant to engage in a business which is | ||||||
9 | taxable under any
ordinance or resolution enacted pursuant to | ||||||
10 | this Section without
registering separately with the | ||||||
11 | Department under such ordinance or
resolution or under this | ||||||
12 | Section. The Department shall have full power
to administer and | ||||||
13 | enforce this Section; to collect all taxes and
penalties due | ||||||
14 | hereunder; to dispose of taxes and penalties so collected
in | ||||||
15 | the manner hereinafter provided, and to determine all rights to
| ||||||
16 | credit memoranda arising on account of the erroneous payment of | ||||||
17 | tax or
penalty hereunder. In the administration of, and | ||||||
18 | compliance with, this
Section the Department and persons who | ||||||
19 | are subject to this Section
shall have the same rights, | ||||||
20 | remedies, privileges, immunities, powers and
duties, and be | ||||||
21 | subject to the same conditions, restrictions,
limitations, | ||||||
22 | penalties and definitions of terms, and employ the same
modes | ||||||
23 | of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 | ||||||
24 | through
3-50 (in respect to all provisions therein other than | ||||||
25 | the State rate of
tax), 4 (except that the reference to the | ||||||
26 | State shall be to the taxing
municipality), 5, 7, 8 (except |
| |||||||
| |||||||
1 | that the jurisdiction to which the tax shall
be a debt to the | ||||||
2 | extent indicated in that Section 8 shall be the taxing
| ||||||
3 | municipality), 9 (except as to the disposition of taxes and | ||||||
4 | penalties
collected, and except that the returned merchandise | ||||||
5 | credit for this
municipal tax may not be taken against any | ||||||
6 | State tax), 10, 11, 12
(except the reference therein to Section | ||||||
7 | 2b of the Retailers' Occupation
Tax Act), 13 (except that any | ||||||
8 | reference to the State shall mean the
taxing municipality), the | ||||||
9 | first paragraph of Section 15, 16, 17
(except that credit | ||||||
10 | memoranda issued hereunder may not be used to
discharge any | ||||||
11 | State tax liability), 18, 19 and 20 of the Service
Occupation | ||||||
12 | Tax Act and Section 3-7 of the Uniform Penalty and Interest | ||||||
13 | Act,
as fully as if those provisions were set forth herein.
| ||||||
14 | No tax may be imposed by a home rule municipality pursuant | ||||||
15 | to this
Section unless such municipality also imposes a tax at | ||||||
16 | the same rate
pursuant to Section 8-11-1 of this Act.
| ||||||
17 | Persons subject to any tax imposed pursuant to the | ||||||
18 | authority granted
in this Section may reimburse themselves for | ||||||
19 | their serviceman's tax
liability hereunder by separately | ||||||
20 | stating such tax as an additional
charge, which charge may be | ||||||
21 | stated in combination, in a single amount,
with State tax which | ||||||
22 | servicemen are authorized to collect under the
Service Use Tax | ||||||
23 | Act, pursuant to such bracket schedules as the
Department may | ||||||
24 | prescribe.
| ||||||
25 | Whenever the Department determines that a refund should be | ||||||
26 | made under
this Section to a claimant instead of issuing credit |
| |||||||
| |||||||
1 | memorandum, the
Department shall notify the State Comptroller, | ||||||
2 | who shall cause the
order to be drawn for the amount specified, | ||||||
3 | and to the person named,
in such notification from the | ||||||
4 | Department. Such refund shall be paid by
the State Treasurer | ||||||
5 | out of the home rule municipal retailers' occupation
tax fund.
| ||||||
6 | The Department shall forthwith pay over to the State | ||||||
7 | Treasurer,
ex-officio, as trustee, all taxes and penalties | ||||||
8 | collected hereunder. | ||||||
9 | As soon as possible after the first day of each month, | ||||||
10 | beginning January 1, 2011, upon certification of the Department | ||||||
11 | of Revenue, the Comptroller shall order transferred, and the | ||||||
12 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
13 | local sales tax increment, as defined in the Innovation | ||||||
14 | Development and Economy Act, collected under this Section | ||||||
15 | during the second preceding calendar month for sales within a | ||||||
16 | STAR bond district. | ||||||
17 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
18 | on
or before the 25th day of each calendar month, the | ||||||
19 | Department shall
prepare and certify to the Comptroller the | ||||||
20 | disbursement of stated sums
of money to named municipalities, | ||||||
21 | the municipalities to be those from
which suppliers and | ||||||
22 | servicemen have paid taxes or penalties hereunder to
the | ||||||
23 | Department during the second preceding calendar month. The | ||||||
24 | amount
to be paid to each municipality shall be the amount (not | ||||||
25 | including credit
memoranda) collected hereunder during the | ||||||
26 | second preceding calendar
month by the Department, and not |
| |||||||
| |||||||
1 | including an amount equal to the amount
of refunds made during | ||||||
2 | the second preceding calendar month by the
Department on behalf | ||||||
3 | of such municipality, and not including any amounts that are | ||||||
4 | transferred to the STAR Bonds Revenue Fund , less 2% of the | ||||||
5 | remainder, which the Department shall transfer into the Tax | ||||||
6 | Compliance and Administration Fund. The Department, at the time | ||||||
7 | of each monthly disbursement to the municipalities, shall | ||||||
8 | prepare and certify to the State Comptroller the amount to be | ||||||
9 | transferred into the Tax Compliance and Administration Fund | ||||||
10 | under this Section . Within 10 days after receipt, by
the | ||||||
11 | Comptroller, of the disbursement certification to the | ||||||
12 | municipalities and the Tax Compliance and Administration Fund ,
| ||||||
13 | provided for in this Section to be given to the Comptroller by | ||||||
14 | the
Department, the Comptroller shall cause the orders to be | ||||||
15 | drawn for the
respective amounts in accordance with the | ||||||
16 | directions contained in such
certification.
| ||||||
17 | In addition to the disbursement required by the preceding | ||||||
18 | paragraph and
in order to mitigate delays caused by | ||||||
19 | distribution procedures, an
allocation shall, if requested, be | ||||||
20 | made within 10 days after January 14, 1991,
and in November of | ||||||
21 | 1991 and each year thereafter, to each municipality that
| ||||||
22 | received more than $500,000 during the preceding fiscal year, | ||||||
23 | (July 1 through
June 30) whether collected by the municipality | ||||||
24 | or disbursed by the Department
as required by this Section. | ||||||
25 | Within 10 days after January 14, 1991,
participating | ||||||
26 | municipalities shall notify the Department in writing of their
|
| |||||||
| |||||||
1 | intent to participate. In addition, for the initial | ||||||
2 | distribution,
participating municipalities shall certify to | ||||||
3 | the Department the amounts
collected by the municipality for | ||||||
4 | each month under its home rule occupation and
service | ||||||
5 | occupation tax during the period July 1, 1989 through June 30, | ||||||
6 | 1990.
The allocation within 10 days after January 14, 1991,
| ||||||
7 | shall be in an amount equal to the monthly average of these | ||||||
8 | amounts,
excluding the 2 months of highest receipts. Monthly | ||||||
9 | average for the period
of July 1, 1990 through June 30, 1991 | ||||||
10 | will be determined as follows: the
amounts collected by the | ||||||
11 | municipality under its home rule occupation and
service | ||||||
12 | occupation tax during the period of July 1, 1990 through | ||||||
13 | September 30,
1990, plus amounts collected by the Department | ||||||
14 | and paid to such
municipality through June 30, 1991, excluding | ||||||
15 | the 2 months of highest
receipts. The monthly average for each | ||||||
16 | subsequent period of July 1 through
June 30 shall be an amount | ||||||
17 | equal to the monthly distribution made to each
such | ||||||
18 | municipality under the preceding paragraph during this period,
| ||||||
19 | excluding the 2 months of highest receipts. The distribution | ||||||
20 | made in
November 1991 and each year thereafter under this | ||||||
21 | paragraph and the
preceding paragraph shall be reduced by the | ||||||
22 | amount allocated and disbursed
under this paragraph in the | ||||||
23 | preceding period of July 1 through June 30.
The Department | ||||||
24 | shall prepare and certify to the Comptroller for
disbursement | ||||||
25 | the allocations made in accordance with this paragraph.
| ||||||
26 | Nothing in this Section shall be construed to authorize a
|
| |||||||
| |||||||
1 | municipality to impose a tax upon the privilege of engaging in | ||||||
2 | any
business which under the constitution of the United States | ||||||
3 | may not be
made the subject of taxation by this State.
| ||||||
4 | An ordinance or resolution imposing or discontinuing a tax | ||||||
5 | hereunder or
effecting a change in the rate thereof shall be | ||||||
6 | adopted and a certified
copy thereof filed with the Department | ||||||
7 | on or before the first day of June,
whereupon the Department | ||||||
8 | shall proceed to administer and enforce this
Section as of the | ||||||
9 | first day of September next following such adoption and
filing. | ||||||
10 | Beginning January 1, 1992, an ordinance or resolution imposing | ||||||
11 | or
discontinuing the tax hereunder or effecting a change in the | ||||||
12 | rate thereof
shall be adopted and a certified copy thereof | ||||||
13 | filed with the Department on
or before the first day of July, | ||||||
14 | whereupon the Department shall proceed to
administer and | ||||||
15 | enforce this Section as of the first day of October next
| ||||||
16 | following such adoption and filing. Beginning January 1, 1993, | ||||||
17 | an ordinance
or resolution imposing or discontinuing the tax | ||||||
18 | hereunder or effecting a
change in the rate thereof shall be | ||||||
19 | adopted and a certified copy thereof
filed with the Department | ||||||
20 | on or before the first day of October, whereupon
the Department | ||||||
21 | shall proceed to administer and enforce this Section as of
the | ||||||
22 | first day of January next following such adoption and filing.
| ||||||
23 | However, a municipality located in a county with a population | ||||||
24 | in excess of
3,000,000 that elected to become a home rule unit | ||||||
25 | at the general primary
election in 1994 may adopt an ordinance | ||||||
26 | or resolution imposing the tax under
this Section and file a |
| |||||||
| |||||||
1 | certified copy of the ordinance or resolution with the
| ||||||
2 | Department on or before July 1, 1994. The Department shall then | ||||||
3 | proceed to
administer and enforce this Section as of October 1, | ||||||
4 | 1994.
Beginning April 1, 1998, an ordinance or
resolution | ||||||
5 | imposing or
discontinuing the tax hereunder or effecting a | ||||||
6 | change in the rate thereof shall
either (i) be adopted and a | ||||||
7 | certified copy thereof filed with the Department on
or
before | ||||||
8 | the first day of April, whereupon the Department shall proceed | ||||||
9 | to
administer and enforce this Section as of the first day of | ||||||
10 | July next following
the adoption and filing; or (ii) be adopted | ||||||
11 | and a certified copy thereof filed
with the Department on or | ||||||
12 | before the first day of October, whereupon the
Department shall | ||||||
13 | proceed to administer and enforce this Section as of the first
| ||||||
14 | day of January next following the adoption and filing.
| ||||||
15 | Any unobligated balance remaining in the Municipal | ||||||
16 | Retailers' Occupation
Tax Fund on December 31, 1989, which fund | ||||||
17 | was abolished by Public Act
85-1135, and all receipts of | ||||||
18 | municipal tax as a result of audits of
liability periods prior | ||||||
19 | to January 1, 1990, shall be paid into the Local
Government Tax | ||||||
20 | Fund, for distribution as provided by this Section prior to
the | ||||||
21 | enactment of Public Act 85-1135. All receipts of municipal tax | ||||||
22 | as a
result of an assessment not arising from an audit, for | ||||||
23 | liability periods
prior to January 1, 1990, shall be paid into | ||||||
24 | the Local Government Tax Fund
for distribution before July 1, | ||||||
25 | 1990, as provided by this Section prior to
the enactment of | ||||||
26 | Public Act 85-1135, and on and after July 1, 1990, all
such |
| |||||||
| |||||||
1 | receipts shall be distributed as provided in Section 6z-18 of | ||||||
2 | the
State Finance Act.
| ||||||
3 | As used in this Section, "municipal" and "municipality" | ||||||
4 | means a city,
village or incorporated town, including an | ||||||
5 | incorporated town which has
superseded a civil township.
| ||||||
6 | This Section shall be known and may be cited as the Home | ||||||
7 | Rule Municipal
Service Occupation Tax Act.
| ||||||
8 | (Source: P.A. 96-939, eff. 6-24-10.)
| ||||||
9 | Section 50-25. The Metropolitan Pier and Exposition | ||||||
10 | Authority Act is amended by changing Section 13 as follows:
| ||||||
11 | (70 ILCS 210/13) (from Ch. 85, par. 1233)
| ||||||
12 | Sec. 13.
(a) The Authority shall not have power to levy | ||||||
13 | taxes for any
purpose, except as provided in subsections (b), | ||||||
14 | (c), (d), (e), and (f).
| ||||||
15 | (b) By ordinance the Authority shall, as soon as | ||||||
16 | practicable after the
effective date of this amendatory Act of | ||||||
17 | 1991, impose a Metropolitan Pier and
Exposition Authority | ||||||
18 | Retailers' Occupation Tax upon all persons engaged in
the | ||||||
19 | business of selling tangible personal property at retail within | ||||||
20 | the
territory described in this subsection at the rate of 1.0% | ||||||
21 | of the gross
receipts (i) from the sale of food, alcoholic | ||||||
22 | beverages, and soft drinks
sold for consumption on the premises | ||||||
23 | where sold and (ii) from the sale of
food, alcoholic beverages, | ||||||
24 | and soft drinks sold for consumption off the
premises where |
| |||||||
| |||||||
1 | sold by a retailer whose principal source of gross receipts
is | ||||||
2 | from the sale of food, alcoholic beverages, and soft drinks | ||||||
3 | prepared for
immediate consumption.
| ||||||
4 | The tax imposed under this subsection and all civil | ||||||
5 | penalties that may
be assessed as an incident to that tax shall | ||||||
6 | be collected and enforced by the
Illinois Department of | ||||||
7 | Revenue. The Department shall have full power to
administer and | ||||||
8 | enforce this subsection, to collect all taxes and penalties so
| ||||||
9 | collected in the manner provided in this subsection, and to | ||||||
10 | determine all
rights to credit memoranda arising on account of | ||||||
11 | the erroneous payment of
tax or penalty under this subsection. | ||||||
12 | In the administration of and
compliance with this subsection, | ||||||
13 | the Department and persons who are subject
to this subsection | ||||||
14 | shall have the same rights, remedies, privileges,
immunities, | ||||||
15 | powers, and duties, shall be subject to the same conditions,
| ||||||
16 | restrictions, limitations, penalties, exclusions, exemptions, | ||||||
17 | and
definitions of terms, and shall employ the same modes of | ||||||
18 | procedure
applicable to this Retailers' Occupation Tax as are | ||||||
19 | prescribed in Sections
1, 2 through 2-65 (in respect to all | ||||||
20 | provisions of those Sections other
than the State rate of | ||||||
21 | taxes), 2c, 2h, 2i, 3 (except as to the disposition
of taxes | ||||||
22 | and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
| ||||||
23 | 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January | ||||||
24 | 1, 1994, 13.5
of the Retailers' Occupation Tax Act, and, on and | ||||||
25 | after January 1, 1994, all
applicable provisions of the Uniform | ||||||
26 | Penalty and Interest Act that are not
inconsistent with this |
| |||||||
| |||||||
1 | Act, as fully as if provisions contained in those
Sections of | ||||||
2 | the Retailers' Occupation Tax Act were set forth in this
| ||||||
3 | subsection.
| ||||||
4 | Persons subject to any tax imposed under the authority | ||||||
5 | granted in
this subsection may reimburse themselves for their | ||||||
6 | seller's tax liability
under this subsection by separately | ||||||
7 | stating that tax as an additional
charge, which charge may be | ||||||
8 | stated in combination, in a single amount, with
State taxes | ||||||
9 | that sellers are required to collect under the Use Tax Act,
| ||||||
10 | pursuant to bracket schedules as the Department may prescribe.
| ||||||
11 | The retailer filing the return shall, at the time of filing the
| ||||||
12 | return, pay to the Department the amount of tax imposed under | ||||||
13 | this
subsection, less a discount of 1.75%, which is allowed to | ||||||
14 | reimburse the
retailer for the expenses incurred in keeping | ||||||
15 | records, preparing and
filing returns, remitting the tax, and | ||||||
16 | supplying data to the Department on
request.
| ||||||
17 | Whenever the Department determines that a refund should be | ||||||
18 | made under
this subsection to a claimant instead of issuing a | ||||||
19 | credit memorandum, the
Department shall notify the State | ||||||
20 | Comptroller, who shall cause a warrant
to be drawn for the | ||||||
21 | amount specified and to the person named in the
notification | ||||||
22 | from the Department. The refund shall be paid by the State
| ||||||
23 | Treasurer out of the Metropolitan Pier and Exposition Authority | ||||||
24 | trust fund
held by the State Treasurer as trustee for the | ||||||
25 | Authority.
| ||||||
26 | Nothing in this subsection authorizes the Authority to |
| |||||||
| |||||||
1 | impose a tax upon
the privilege of engaging in any business | ||||||
2 | that under the Constitution of
the United States may not be | ||||||
3 | made the subject of taxation by this State.
| ||||||
4 | The Department shall forthwith pay over to the State | ||||||
5 | Treasurer, ex
officio, as trustee for the Authority, all taxes | ||||||
6 | and penalties collected
under this subsection for deposit into | ||||||
7 | a trust fund held outside of the
State Treasury. | ||||||
8 | As soon as possible after the first day of each month, | ||||||
9 | beginning January 1, 2011, upon certification of the Department | ||||||
10 | of Revenue, the Comptroller shall order transferred, and the | ||||||
11 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
12 | local sales tax increment, as defined in the Innovation | ||||||
13 | Development and Economy Act, collected under this subsection | ||||||
14 | during the second preceding calendar month for sales within a | ||||||
15 | STAR bond district. | ||||||
16 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
17 | on or before the 25th day of each calendar month, the
| ||||||
18 | Department shall prepare and certify to the Comptroller the | ||||||
19 | amounts to be
paid under subsection (g) of this Section, which | ||||||
20 | shall be the amounts, not
including credit memoranda, collected | ||||||
21 | under this subsection during the second
preceding calendar | ||||||
22 | month by the Department, less any amounts determined by the
| ||||||
23 | Department to be necessary for the payment of refunds, less 2% | ||||||
24 | of such
balance, which sum shall be deposited by the State | ||||||
25 | Treasurer into the Tax
Compliance and Administration Fund in | ||||||
26 | the State Treasury from which it shall be
appropriated to the |
| |||||||
| |||||||
1 | Department to cover the costs of the Department in
| ||||||
2 | administering and enforcing the provisions of this subsection, | ||||||
3 | and less any amounts that are transferred to the STAR Bonds | ||||||
4 | Revenue Fund. Within 10 days
after receipt by the Comptroller | ||||||
5 | of the certification, the Comptroller shall
cause the orders to | ||||||
6 | be drawn for the remaining amounts, and the Treasurer shall
| ||||||
7 | administer those amounts as required in subsection (g).
| ||||||
8 | A certificate of registration issued by the Illinois | ||||||
9 | Department of Revenue
to a retailer under the Retailers' | ||||||
10 | Occupation Tax Act shall permit the
registrant to engage in a | ||||||
11 | business that is taxed under the tax imposed
under this | ||||||
12 | subsection, and no additional registration shall be required
| ||||||
13 | under the ordinance imposing the tax or under this subsection.
| ||||||
14 | A certified copy of any ordinance imposing or discontinuing | ||||||
15 | any tax under
this subsection or effecting a change in the rate | ||||||
16 | of that tax shall be
filed with the Department, whereupon the | ||||||
17 | Department shall proceed to
administer and enforce this | ||||||
18 | subsection on behalf of the Authority as of the
first day of | ||||||
19 | the third calendar month following the date of filing.
| ||||||
20 | The tax authorized to be levied under this subsection may | ||||||
21 | be levied within
all or any part of the following described | ||||||
22 | portions of the metropolitan area:
| ||||||
23 | (1) that portion of the City of Chicago located within | ||||||
24 | the following
area: Beginning at the point of intersection | ||||||
25 | of the Cook County - DuPage
County line and York Road, then | ||||||
26 | North along York Road to its intersection
with Touhy |
| |||||||
| |||||||
1 | Avenue, then east along Touhy Avenue to its intersection | ||||||
2 | with
the Northwest Tollway, then southeast along the | ||||||
3 | Northwest Tollway to its
intersection with Lee Street, then | ||||||
4 | south along Lee Street to Higgins Road,
then south and east | ||||||
5 | along Higgins Road to its intersection with Mannheim
Road, | ||||||
6 | then south along Mannheim Road to its intersection with | ||||||
7 | Irving Park
Road, then west along Irving Park Road to its | ||||||
8 | intersection with the Cook
County - DuPage County line, | ||||||
9 | then north and west along the county line to
the point of | ||||||
10 | beginning; and
| ||||||
11 | (2) that portion of the City of Chicago located within | ||||||
12 | the following
area: Beginning at the intersection of West | ||||||
13 | 55th Street with Central
Avenue, then east along West 55th | ||||||
14 | Street to its intersection with South
Cicero Avenue, then | ||||||
15 | south along South Cicero Avenue to its intersection
with | ||||||
16 | West 63rd Street, then west along West 63rd Street to its | ||||||
17 | intersection
with South Central Avenue, then north along | ||||||
18 | South Central Avenue to the
point of beginning; and
| ||||||
19 | (3) that portion of the City of Chicago located within | ||||||
20 | the following
area: Beginning at the point 150 feet west of | ||||||
21 | the intersection of the west
line of North Ashland Avenue | ||||||
22 | and the north line of West Diversey Avenue,
then north 150 | ||||||
23 | feet, then east along a line 150 feet north of the north
| ||||||
24 | line of West Diversey Avenue extended to the shoreline of | ||||||
25 | Lake Michigan,
then following the shoreline of Lake | ||||||
26 | Michigan (including Navy Pier and all
other improvements |
| |||||||
| |||||||
1 | fixed to land, docks, or piers) to the point where the
| ||||||
2 | shoreline of Lake Michigan and the Adlai E. Stevenson | ||||||
3 | Expressway extended
east to that shoreline intersect, then | ||||||
4 | west along the Adlai E. Stevenson
Expressway to a point 150 | ||||||
5 | feet west of the west line of South Ashland
Avenue, then | ||||||
6 | north along a line 150 feet west of the west line of South | ||||||
7 | and
North Ashland Avenue to the point of beginning.
| ||||||
8 | The tax authorized to be levied under this subsection may | ||||||
9 | also be
levied on food, alcoholic beverages, and soft drinks | ||||||
10 | sold on boats and
other watercraft departing from and returning | ||||||
11 | to the shoreline of Lake
Michigan (including Navy Pier and all | ||||||
12 | other improvements fixed to land,
docks, or piers) described in | ||||||
13 | item (3).
| ||||||
14 | (c) By ordinance the Authority shall, as soon as | ||||||
15 | practicable after the
effective date of this amendatory Act of | ||||||
16 | 1991, impose an occupation tax
upon all persons engaged in the | ||||||
17 | corporate limits of the City of Chicago in
the business of | ||||||
18 | renting, leasing, or letting rooms in a hotel, as defined
in | ||||||
19 | the Hotel Operators' Occupation Tax Act, at a rate of 2.5% of | ||||||
20 | the gross
rental receipts from the renting, leasing, or letting | ||||||
21 | of hotel rooms within
the City of Chicago, excluding, however, | ||||||
22 | from gross rental receipts
the proceeds of renting, leasing, or | ||||||
23 | letting to permanent residents of
a hotel, as defined in that | ||||||
24 | Act. Gross rental receipts shall not include
charges that are | ||||||
25 | added on account of the liability arising from any tax
imposed | ||||||
26 | by the State or any governmental agency on the occupation of
|
| |||||||
| |||||||
1 | renting, leasing, or letting rooms in a hotel.
| ||||||
2 | The tax imposed by the Authority under this subsection and | ||||||
3 | all civil
penalties that may be assessed as an incident to that | ||||||
4 | tax shall be collected
and enforced by the Illinois Department | ||||||
5 | of Revenue. The certificate of
registration that is issued by | ||||||
6 | the Department to a lessor under the Hotel
Operators' | ||||||
7 | Occupation Tax Act shall permit that registrant to engage in a
| ||||||
8 | business that is taxable under any ordinance enacted under this
| ||||||
9 | subsection without registering separately with the Department | ||||||
10 | under that
ordinance or under this subsection. The Department | ||||||
11 | shall have full power to
administer and enforce this | ||||||
12 | subsection, to collect all taxes and penalties
due under this | ||||||
13 | subsection, to dispose of taxes and penalties so collected
in | ||||||
14 | the manner provided in this subsection, and to determine all | ||||||
15 | rights to
credit memoranda arising on account of the erroneous | ||||||
16 | payment of tax or
penalty under this subsection. In the | ||||||
17 | administration of and compliance with
this subsection, the | ||||||
18 | Department and persons who are subject to this
subsection shall | ||||||
19 | have the same rights, remedies, privileges, immunities,
| ||||||
20 | powers, and duties, shall be subject to the same conditions, | ||||||
21 | restrictions,
limitations, penalties, and definitions of | ||||||
22 | terms, and shall employ the same
modes of procedure as are | ||||||
23 | prescribed in the Hotel Operators' Occupation Tax
Act (except | ||||||
24 | where that Act is inconsistent with this subsection), as fully
| ||||||
25 | as if the provisions contained in the Hotel Operators' | ||||||
26 | Occupation Tax Act
were set out in this subsection.
|
| |||||||
| |||||||
1 | Whenever the Department determines that a refund should be | ||||||
2 | made under
this subsection to a claimant instead of issuing a | ||||||
3 | credit memorandum, the
Department shall notify the State | ||||||
4 | Comptroller, who shall cause a warrant
to be drawn for the | ||||||
5 | amount specified and to the person named in the
notification | ||||||
6 | from the Department. The refund shall be paid by the State
| ||||||
7 | Treasurer out of the Metropolitan Pier and Exposition Authority | ||||||
8 | trust fund
held by the State Treasurer as trustee for the | ||||||
9 | Authority.
| ||||||
10 | Persons subject to any tax imposed under the authority | ||||||
11 | granted in
this subsection may reimburse themselves for their | ||||||
12 | tax liability for that
tax by separately stating that tax as an | ||||||
13 | additional charge,
which charge may be stated in combination, | ||||||
14 | in a single amount, with State
taxes imposed under the Hotel | ||||||
15 | Operators' Occupation Tax Act, the
municipal tax imposed under | ||||||
16 | Section 8-3-13 of the Illinois Municipal
Code, and the tax | ||||||
17 | imposed under Section 19 of the Illinois Sports
Facilities | ||||||
18 | Authority Act.
| ||||||
19 | The person filing the return shall, at the time of filing | ||||||
20 | the return,
pay to the Department the amount of tax, less a | ||||||
21 | discount of 2.1% or $25 per
calendar year, whichever is | ||||||
22 | greater, which is allowed to reimburse the
operator for the | ||||||
23 | expenses incurred in keeping records, preparing and filing
| ||||||
24 | returns, remitting the tax, and supplying data to the | ||||||
25 | Department on request.
| ||||||
26 | The Department shall forthwith pay over to the State |
| |||||||
| |||||||
1 | Treasurer,
ex officio, as trustee for the Authority, all taxes | ||||||
2 | and penalties collected
under this subsection for deposit into | ||||||
3 | a trust fund held outside the State
Treasury. On or before the | ||||||
4 | 25th day of each calendar month, the Department
shall certify | ||||||
5 | to the Comptroller the amounts to be paid under subsection
(g) | ||||||
6 | of this Section, which shall be the amounts (not including | ||||||
7 | credit
memoranda) collected under this subsection during the | ||||||
8 | second preceding
calendar month by the Department, less any | ||||||
9 | amounts determined by the
Department to be necessary for | ||||||
10 | payment of refunds , less 2% of the remainder, which the | ||||||
11 | Department shall transfer into the Tax Compliance and | ||||||
12 | Administration Fund. The Department, at the time of each | ||||||
13 | monthly disbursement to the Authority, shall prepare and | ||||||
14 | certify to the State Comptroller the amount to be transferred | ||||||
15 | into the Tax Compliance and Administration Fund under this | ||||||
16 | subsection . Within 10 days after
receipt by the Comptroller of | ||||||
17 | the Department's certification, the
Comptroller shall cause | ||||||
18 | the orders to be drawn for such amounts, and the
Treasurer | ||||||
19 | shall administer the those amounts distributed to the Authority | ||||||
20 | as required in subsection (g).
| ||||||
21 | A certified copy of any ordinance imposing or discontinuing | ||||||
22 | a tax under this
subsection or effecting a change in the rate | ||||||
23 | of that tax shall be filed with
the Illinois Department of | ||||||
24 | Revenue, whereupon the Department shall proceed to
administer | ||||||
25 | and enforce this subsection on behalf of the Authority as of | ||||||
26 | the
first day of the third calendar month following the date of |
| |||||||
| |||||||
1 | filing.
| ||||||
2 | (d) By ordinance the Authority shall, as soon as | ||||||
3 | practicable after the
effective date of this amendatory Act of | ||||||
4 | 1991, impose a tax
upon all persons engaged in the business of | ||||||
5 | renting automobiles in the
metropolitan area at the rate of 6% | ||||||
6 | of the gross
receipts from that business, except that no tax | ||||||
7 | shall be imposed on the
business of renting automobiles for use | ||||||
8 | as taxicabs or in livery service.
The tax imposed under this | ||||||
9 | subsection and all civil penalties that may be
assessed as an | ||||||
10 | incident to that tax shall be collected and enforced by the
| ||||||
11 | Illinois Department of Revenue. The certificate of | ||||||
12 | registration issued by
the Department to a retailer under the | ||||||
13 | Retailers' Occupation Tax Act or
under the Automobile Renting | ||||||
14 | Occupation and Use Tax Act shall permit that
person to engage | ||||||
15 | in a business that is taxable under any ordinance enacted
under | ||||||
16 | this subsection without registering separately with the | ||||||
17 | Department
under that ordinance or under this subsection. The | ||||||
18 | Department shall have
full power to administer and enforce this | ||||||
19 | subsection, to collect all taxes
and penalties due under this | ||||||
20 | subsection, to dispose of taxes and penalties
so collected in | ||||||
21 | the manner provided in this subsection, and to determine
all | ||||||
22 | rights to credit memoranda arising on account of the erroneous | ||||||
23 | payment
of tax or penalty under this subsection. In the | ||||||
24 | administration of and
compliance with this subsection, the | ||||||
25 | Department and persons who are subject
to this subsection shall | ||||||
26 | have the same rights, remedies, privileges,
immunities, |
| |||||||
| |||||||
1 | powers, and duties, be subject to the same conditions,
| ||||||
2 | restrictions, limitations, penalties, and definitions of | ||||||
3 | terms, and employ
the same modes of procedure as are prescribed | ||||||
4 | in Sections 2 and 3 (in
respect to all provisions of those | ||||||
5 | Sections other than the State rate of
tax; and in respect to | ||||||
6 | the provisions of the Retailers' Occupation Tax Act
referred to | ||||||
7 | in those Sections, except as to the disposition of taxes and
| ||||||
8 | penalties collected, except for the provision allowing | ||||||
9 | retailers a
deduction from the tax to cover certain costs, and | ||||||
10 | except that credit
memoranda issued under this subsection may | ||||||
11 | not be used to discharge any
State tax liability) of the | ||||||
12 | Automobile Renting Occupation and Use Tax Act,
as fully as if | ||||||
13 | provisions contained in those Sections of that Act were set
| ||||||
14 | forth in this subsection.
| ||||||
15 | Persons subject to any tax imposed under the authority | ||||||
16 | granted in
this subsection may reimburse themselves for their | ||||||
17 | tax liability under this
subsection by separately stating that | ||||||
18 | tax as an additional charge, which
charge may be stated in | ||||||
19 | combination, in a single amount, with State tax
that sellers | ||||||
20 | are required to collect under the Automobile Renting
Occupation | ||||||
21 | and Use Tax Act, pursuant to bracket schedules as the | ||||||
22 | Department
may prescribe.
| ||||||
23 | Whenever the Department determines that a refund should be | ||||||
24 | made under
this subsection to a claimant instead of issuing a | ||||||
25 | credit memorandum, the
Department shall notify the State | ||||||
26 | Comptroller, who shall cause a warrant to
be drawn for the |
| |||||||
| |||||||
1 | amount specified and to the person named in the
notification | ||||||
2 | from the Department. The refund shall be paid by the State
| ||||||
3 | Treasurer out of the Metropolitan Pier and Exposition Authority | ||||||
4 | trust fund
held by the State Treasurer as trustee for the | ||||||
5 | Authority.
| ||||||
6 | The Department shall forthwith pay over to the State | ||||||
7 | Treasurer, ex officio,
as trustee, all taxes and penalties | ||||||
8 | collected under this subsection for
deposit into a trust fund | ||||||
9 | held outside the State Treasury. On or before the
25th day of | ||||||
10 | each calendar month, the Department shall certify
to the | ||||||
11 | Comptroller the amounts to be paid under subsection (g) of this
| ||||||
12 | Section (not including credit memoranda) collected under this | ||||||
13 | subsection
during the second preceding calendar month by the | ||||||
14 | Department, less any
amount determined by the Department to be | ||||||
15 | necessary for payment of refunds , less 2% of the remainder, | ||||||
16 | which the Department shall transfer into the Tax Compliance and | ||||||
17 | Administration Fund. The Department, at the time of each | ||||||
18 | monthly disbursement to the Authority, shall prepare and | ||||||
19 | certify to the State Comptroller the amount to be transferred | ||||||
20 | into the Tax Compliance and Administration Fund under this | ||||||
21 | subsection .
Within 10 days after receipt by the Comptroller of | ||||||
22 | the Department's
certification, the Comptroller shall cause | ||||||
23 | the orders to be drawn for such
amounts, and the Treasurer | ||||||
24 | shall administer the those amounts distributed to the Authority | ||||||
25 | as required in
subsection (g).
| ||||||
26 | Nothing in this subsection authorizes the Authority to |
| |||||||
| |||||||
1 | impose a tax upon
the privilege of engaging in any business | ||||||
2 | that under the Constitution of
the United States may not be | ||||||
3 | made the subject of taxation by this State.
| ||||||
4 | A certified copy of any ordinance imposing or discontinuing | ||||||
5 | a tax under
this subsection or effecting a change in the rate | ||||||
6 | of that tax shall be
filed with the Illinois Department of | ||||||
7 | Revenue, whereupon the Department
shall proceed to administer | ||||||
8 | and enforce this subsection on behalf of the
Authority as of | ||||||
9 | the first day of the third calendar month following the
date of | ||||||
10 | filing.
| ||||||
11 | (e) By ordinance the Authority shall, as soon as | ||||||
12 | practicable after the
effective date of this amendatory Act of | ||||||
13 | 1991, impose a tax upon the
privilege of using in the | ||||||
14 | metropolitan area an automobile that is rented
from a rentor | ||||||
15 | outside Illinois and is titled or registered with an agency
of | ||||||
16 | this State's government at a rate of 6% of the rental price of | ||||||
17 | that
automobile, except that no tax shall be imposed on the | ||||||
18 | privilege of using
automobiles rented for use as taxicabs or in | ||||||
19 | livery service. The tax shall
be collected from persons whose | ||||||
20 | Illinois address for titling or
registration purposes is given | ||||||
21 | as being in the metropolitan area. The tax
shall be collected | ||||||
22 | by the Department of Revenue for the Authority. The tax
must be | ||||||
23 | paid to the State or an exemption determination must be | ||||||
24 | obtained
from the Department of Revenue before the title or | ||||||
25 | certificate of
registration for the property may be issued. The | ||||||
26 | tax or proof of exemption
may be transmitted to the Department |
| |||||||
| |||||||
1 | by way of the State agency with which
or State officer with | ||||||
2 | whom the tangible personal property must be titled or
| ||||||
3 | registered if the Department and that agency or State officer | ||||||
4 | determine
that this procedure will expedite the processing of | ||||||
5 | applications for title
or registration.
| ||||||
6 | The Department shall have full power to administer and | ||||||
7 | enforce this
subsection, to collect all taxes, penalties, and | ||||||
8 | interest due under this
subsection, to dispose of taxes, | ||||||
9 | penalties, and interest so collected in
the manner provided in | ||||||
10 | this subsection, and to determine all rights to
credit | ||||||
11 | memoranda or refunds arising on account of the erroneous | ||||||
12 | payment of
tax, penalty, or interest under this subsection. In | ||||||
13 | the administration of
and compliance with this subsection, the | ||||||
14 | Department and persons who are
subject to this subsection shall | ||||||
15 | have the same rights, remedies,
privileges, immunities, | ||||||
16 | powers, and duties, be subject to the same
conditions, | ||||||
17 | restrictions, limitations, penalties, and definitions of | ||||||
18 | terms,
and employ the same modes of procedure as are prescribed | ||||||
19 | in Sections 2 and
4 (except provisions pertaining to the State | ||||||
20 | rate of tax; and in respect to
the provisions of the Use Tax | ||||||
21 | Act referred to in that Section, except
provisions concerning | ||||||
22 | collection or refunding of the tax by retailers,
except the | ||||||
23 | provisions of Section 19 pertaining to claims by retailers,
| ||||||
24 | except the last paragraph concerning refunds, and except that | ||||||
25 | credit
memoranda issued under this subsection may not be used | ||||||
26 | to discharge any
State tax liability) of the Automobile Renting |
| |||||||
| |||||||
1 | Occupation and Use Tax Act,
as fully as if provisions contained | ||||||
2 | in those Sections of that Act were set
forth in this | ||||||
3 | subsection.
| ||||||
4 | Whenever the Department determines that a refund should be | ||||||
5 | made under this
subsection to a claimant instead of issuing a | ||||||
6 | credit memorandum, the Department
shall notify the State | ||||||
7 | Comptroller, who shall cause a warrant to be drawn
for the | ||||||
8 | amount specified and to the person named in the notification
| ||||||
9 | from the Department. The refund shall be paid by the State | ||||||
10 | Treasurer out
of the Metropolitan Pier and Exposition Authority | ||||||
11 | trust fund held by the
State Treasurer as trustee for the | ||||||
12 | Authority.
| ||||||
13 | The Department shall forthwith pay over to the State | ||||||
14 | Treasurer, ex officio,
as trustee, all taxes, penalties, and | ||||||
15 | interest collected under this
subsection for deposit into a | ||||||
16 | trust fund held outside the State Treasury.
On or before the | ||||||
17 | 25th day of each calendar month, the Department shall
certify | ||||||
18 | to the State Comptroller the amounts to be paid under | ||||||
19 | subsection
(g) of this Section, which shall be the amounts (not | ||||||
20 | including credit
memoranda) collected under this subsection | ||||||
21 | during the second preceding
calendar month by the Department, | ||||||
22 | less any amounts determined by the
Department to be necessary | ||||||
23 | for payment of refunds , less 2% of the remainder, which the | ||||||
24 | Department shall transfer into the Tax Compliance and | ||||||
25 | Administration Fund. The Department, at the time of each | ||||||
26 | monthly disbursement to the Authority, shall prepare and |
| |||||||
| |||||||
1 | certify to the State Comptroller the amount to be transferred | ||||||
2 | into the Tax Compliance and Administration Fund under this | ||||||
3 | subsection . Within 10 days after
receipt by the State | ||||||
4 | Comptroller of the Department's certification, the
Comptroller | ||||||
5 | shall cause the orders to be drawn for such amounts, and the
| ||||||
6 | Treasurer shall administer the those amounts distributed to the | ||||||
7 | Authority as required in subsection (g).
| ||||||
8 | A certified copy of any ordinance imposing or discontinuing | ||||||
9 | a tax or
effecting a change in the rate of that tax shall be | ||||||
10 | filed with the Illinois
Department of Revenue, whereupon the | ||||||
11 | Department shall proceed to administer
and enforce this | ||||||
12 | subsection on behalf of the Authority as of the first day
of | ||||||
13 | the third calendar month following the date of filing.
| ||||||
14 | (f) By ordinance the Authority shall, as soon as | ||||||
15 | practicable after the
effective date of this amendatory Act of | ||||||
16 | 1991, impose an occupation tax on all
persons, other than a | ||||||
17 | governmental agency, engaged in the business of
providing | ||||||
18 | ground transportation for hire to passengers in the | ||||||
19 | metropolitan
area at a rate of (i) $4 per taxi or livery | ||||||
20 | vehicle departure with
passengers for hire from commercial | ||||||
21 | service airports in the metropolitan
area, (ii) for each | ||||||
22 | departure with passengers for hire from a commercial
service | ||||||
23 | airport in the metropolitan area in a bus or van operated by a
| ||||||
24 | person other than a person described in item (iii): $18 per bus | ||||||
25 | or van with
a capacity of 1-12 passengers, $36 per bus or van | ||||||
26 | with a capacity of 13-24
passengers, and $54 per bus or van |
| |||||||
| |||||||
1 | with a capacity of over 24 passengers,
and (iii) for each | ||||||
2 | departure with passengers for hire from a commercial
service | ||||||
3 | airport in the metropolitan area in a bus or van operated by a
| ||||||
4 | person regulated by the Interstate Commerce Commission or | ||||||
5 | Illinois Commerce
Commission, operating scheduled service from | ||||||
6 | the airport, and charging fares on
a per passenger basis: $2 | ||||||
7 | per passenger for hire in each bus or van. The term
"commercial | ||||||
8 | service airports" means those airports receiving scheduled
| ||||||
9 | passenger service and enplaning more than 100,000 passengers | ||||||
10 | per year.
| ||||||
11 | In the ordinance imposing the tax, the Authority may | ||||||
12 | provide for the
administration and enforcement of the tax and | ||||||
13 | the collection of the tax
from persons subject to the tax as | ||||||
14 | the Authority determines to be necessary
or practicable for the | ||||||
15 | effective administration of the tax. The Authority
may enter | ||||||
16 | into agreements as it deems appropriate with any governmental
| ||||||
17 | agency providing for that agency to act as the Authority's | ||||||
18 | agent to
collect the tax.
| ||||||
19 | In the ordinance imposing the tax, the Authority may | ||||||
20 | designate a method or
methods for persons subject to the tax to | ||||||
21 | reimburse themselves for the tax
liability arising under the | ||||||
22 | ordinance (i) by separately stating the full
amount of the tax | ||||||
23 | liability as an additional charge to passengers departing
the | ||||||
24 | airports, (ii) by separately stating one-half of the tax | ||||||
25 | liability as
an additional charge to both passengers departing | ||||||
26 | from and to passengers
arriving at the airports, or (iii) by |
| |||||||
| |||||||
1 | some other method determined by the
Authority.
| ||||||
2 | All taxes, penalties, and interest collected under any | ||||||
3 | ordinance adopted
under this subsection, less any amounts | ||||||
4 | determined to be necessary for the
payment of refunds and less | ||||||
5 | the taxes, penalties, and interest attributable to any increase | ||||||
6 | in the rate of tax authorized by Public Act 96-898, shall be | ||||||
7 | paid forthwith to the State Treasurer, ex
officio, for deposit | ||||||
8 | into a trust fund held outside the State Treasury and
shall be | ||||||
9 | administered by the State Treasurer as provided in subsection | ||||||
10 | (g)
of this Section. All taxes, penalties, and interest | ||||||
11 | attributable to any increase in the rate of tax authorized by | ||||||
12 | Public Act 96-898 shall be paid by the State Treasurer as | ||||||
13 | follows: 25% for deposit into the Convention Center Support | ||||||
14 | Fund, to be used by the Village of Rosemont for the repair, | ||||||
15 | maintenance, and improvement of the Donald E. Stephens | ||||||
16 | Convention Center and for debt service on debt instruments | ||||||
17 | issued for those purposes by the village and 75% to the | ||||||
18 | Authority to be used for grants to an organization meeting the | ||||||
19 | qualifications set out in Section 5.6 of this Act, provided the | ||||||
20 | Metropolitan Pier and Exposition Authority has entered into a | ||||||
21 | marketing agreement with such an organization.
| ||||||
22 | (g) Amounts deposited from the proceeds of taxes imposed by | ||||||
23 | the
Authority under subsections (b), (c), (d), (e), and (f) of | ||||||
24 | this Section and
amounts deposited under Section 19 of the | ||||||
25 | Illinois Sports Facilities
Authority Act shall be held in a | ||||||
26 | trust fund outside the State Treasury and , other than the |
| |||||||
| |||||||
1 | amounts transferred into the Tax Compliance and Administration | ||||||
2 | Fund under subsections (b), (c), (d), and (e),
shall be | ||||||
3 | administered by the Treasurer as follows: | ||||||
4 | (1) An amount necessary for the payment of refunds with | ||||||
5 | respect to those taxes shall be retained in the trust fund | ||||||
6 | and used for those payments. | ||||||
7 | (2) On July 20 and on the 20th of each month | ||||||
8 | thereafter, provided that the amount requested in the | ||||||
9 | annual certificate of the Chairman of the Authority filed | ||||||
10 | under Section 8.25f of the State Finance Act has been | ||||||
11 | appropriated for payment to the Authority, 1/8 of the local | ||||||
12 | tax transfer amount, together with any cumulative | ||||||
13 | deficiencies in the amounts transferred into the McCormick | ||||||
14 | Place Expansion Project Fund under this subparagraph (2) | ||||||
15 | during the fiscal year for which the certificate has been | ||||||
16 | filed, shall be transferred from the trust fund into the | ||||||
17 | McCormick Place Expansion Project Fund in the State | ||||||
18 | treasury until 100% of the local tax transfer amount has | ||||||
19 | been so transferred. "Local tax transfer amount" shall mean | ||||||
20 | the amount requested in the annual certificate, minus the | ||||||
21 | reduction amount. "Reduction amount" shall mean $41.7 | ||||||
22 | million in fiscal year 2011, $36.7 million in fiscal year | ||||||
23 | 2012, $36.7 million in fiscal year 2013, $36.7 million in | ||||||
24 | fiscal year 2014, and $31.7 million in each fiscal year | ||||||
25 | thereafter until 2032, provided that the reduction amount | ||||||
26 | shall be reduced by (i) the amount certified by the |
| |||||||
| |||||||
1 | Authority to the State Comptroller and State Treasurer | ||||||
2 | under Section 8.25 of the State Finance Act, as amended, | ||||||
3 | with respect to that fiscal year and (ii) in any fiscal | ||||||
4 | year in which the amounts deposited in the trust fund under | ||||||
5 | this Section exceed $318.3 million, exclusive of amounts | ||||||
6 | set aside for refunds and for the reserve account, one | ||||||
7 | dollar for each dollar of the deposits in the trust fund | ||||||
8 | above $318.3 million with respect to that year, exclusive | ||||||
9 | of amounts set aside for refunds and for the reserve | ||||||
10 | account. | ||||||
11 | (3) On July 20, 2010, the Comptroller shall certify to | ||||||
12 | the Governor, the Treasurer, and the Chairman of the | ||||||
13 | Authority the 2010 deficiency amount, which means the | ||||||
14 | cumulative amount of transfers that were due from the trust | ||||||
15 | fund to the McCormick Place Expansion Project Fund in | ||||||
16 | fiscal years 2008, 2009, and 2010 under Section 13(g) of | ||||||
17 | this Act, as it existed prior to May 27, 2010 (the | ||||||
18 | effective date of Public Act 96-898), but not made. On July | ||||||
19 | 20, 2011 and on July 20 of each year through July 20, 2014, | ||||||
20 | the Treasurer shall calculate for the previous fiscal year | ||||||
21 | the surplus revenues in the trust fund and pay that amount | ||||||
22 | to the Authority. On July 20, 2015 and on July 20 of each | ||||||
23 | year thereafter, as long as bonds and notes issued under | ||||||
24 | Section 13.2 or bonds and notes issued to refund those | ||||||
25 | bonds and notes are outstanding, the Treasurer shall | ||||||
26 | calculate for the previous fiscal year the surplus revenues |
| |||||||
| |||||||
1 | in the trust fund and pay one-half of that amount to the | ||||||
2 | State Treasurer for deposit into the General Revenue Fund | ||||||
3 | until the 2010 deficiency amount has been paid and shall | ||||||
4 | pay the balance of the surplus revenues to the Authority. | ||||||
5 | "Surplus revenues" means the amounts remaining in the trust | ||||||
6 | fund on June 30 of the previous fiscal year (A) after the | ||||||
7 | State Treasurer has set aside in the trust fund (i) amounts | ||||||
8 | retained for refunds under subparagraph (1) and (ii) any | ||||||
9 | amounts necessary to meet the reserve account amount and | ||||||
10 | (B) after the State Treasurer has transferred from the | ||||||
11 | trust fund to the General Revenue Fund 100% of any | ||||||
12 | post-2010 deficiency amount. "Reserve account amount" | ||||||
13 | means $15 million in fiscal year 2011 and $30 million in | ||||||
14 | each fiscal year thereafter. The reserve account amount | ||||||
15 | shall be set aside in the trust fund and used as a reserve | ||||||
16 | to be transferred to the McCormick Place Expansion Project | ||||||
17 | Fund in the event the proceeds of taxes imposed under this | ||||||
18 | Section 13 are not sufficient to fund the transfer required | ||||||
19 | in subparagraph (2). "Post-2010 deficiency amount" means | ||||||
20 | any deficiency in transfers from the trust fund to the | ||||||
21 | McCormick Place Expansion Project Fund with respect to | ||||||
22 | fiscal years 2011 and thereafter. It is the intention of | ||||||
23 | this subparagraph (3) that no surplus revenues shall be | ||||||
24 | paid to the Authority with respect to any year in which a | ||||||
25 | post-2010 deficiency amount has not been satisfied by the | ||||||
26 | Authority. |
| |||||||
| |||||||
1 | Moneys received by the Authority as surplus revenues may be | ||||||
2 | used (i) for the purposes of paying debt service on the bonds | ||||||
3 | and notes issued by the Authority, including early redemption | ||||||
4 | of those bonds or notes, (ii) for the purposes of repair, | ||||||
5 | replacement, and improvement of the grounds, buildings, and | ||||||
6 | facilities of the Authority, and (iii) for the corporate | ||||||
7 | purposes of the Authority in fiscal years 2011 through 2015 in | ||||||
8 | an amount not to exceed $20,000,000 annually or $80,000,000 | ||||||
9 | total, which amount shall be reduced $0.75 for each dollar of | ||||||
10 | the receipts of the Authority in that year from any contract | ||||||
11 | entered into with respect to naming rights at McCormick Place | ||||||
12 | under Section 5(m) of this Act. When bonds and notes issued | ||||||
13 | under Section 13.2, or bonds or notes issued to refund those | ||||||
14 | bonds and notes, are no longer outstanding, the balance in the | ||||||
15 | trust fund shall be paid to the Authority.
| ||||||
16 | (h) The ordinances imposing the taxes authorized by this | ||||||
17 | Section shall
be repealed when bonds and notes issued under | ||||||
18 | Section 13.2 or bonds and
notes issued to refund those bonds | ||||||
19 | and notes are no longer outstanding.
| ||||||
20 | (Source: P.A. 97-333, eff. 8-12-11; 98-463, eff. 8-16-13.)
| ||||||
21 | Section 50-30. The Metro-East Park and Recreation District | ||||||
22 | Act is amended by changing Section 30 as follows:
| ||||||
23 | (70 ILCS 1605/30)
| ||||||
24 | Sec. 30. Taxes.
|
| |||||||
| |||||||
1 | (a) The board shall impose a
tax upon all persons engaged | ||||||
2 | in the business of selling tangible personal
property, other | ||||||
3 | than personal property titled or registered with an agency of
| ||||||
4 | this State's government,
at retail in the District on the gross | ||||||
5 | receipts from the
sales made in the course of business.
This | ||||||
6 | tax
shall be imposed only at the rate of one-tenth of one per | ||||||
7 | cent.
| ||||||
8 | This additional tax may not be imposed on the sales of food | ||||||
9 | for human
consumption that is to be consumed off the premises | ||||||
10 | where it is sold (other
than alcoholic beverages, soft drinks, | ||||||
11 | and food which has been prepared for
immediate consumption) and | ||||||
12 | prescription and non-prescription medicines, drugs,
medical | ||||||
13 | appliances, and insulin, urine testing materials, syringes, | ||||||
14 | and needles
used by diabetics.
The tax imposed by the Board | ||||||
15 | under this Section and
all civil penalties that may be assessed | ||||||
16 | as an incident of the tax shall be
collected and enforced by | ||||||
17 | the Department of Revenue. The certificate
of registration that | ||||||
18 | is issued by the Department to a retailer under the
Retailers' | ||||||
19 | Occupation Tax Act shall permit the retailer to engage in a | ||||||
20 | business
that is taxable without registering separately with | ||||||
21 | the Department under an
ordinance or resolution under this | ||||||
22 | Section. The Department has full
power to administer and | ||||||
23 | enforce this Section, to collect all taxes and
penalties due | ||||||
24 | under this Section, to dispose of taxes and penalties so
| ||||||
25 | collected in the manner provided in this Section, and to | ||||||
26 | determine
all rights to credit memoranda arising on account of |
| |||||||
| |||||||
1 | the erroneous payment of
a tax or penalty under this Section. | ||||||
2 | In the administration of and compliance
with this Section, the | ||||||
3 | Department and persons who are subject to this Section
shall | ||||||
4 | (i) have the same rights, remedies, privileges, immunities, | ||||||
5 | powers, and
duties, (ii) be subject to the same conditions, | ||||||
6 | restrictions, limitations,
penalties, and definitions of | ||||||
7 | terms, and (iii) employ the same modes of
procedure as are | ||||||
8 | prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f,
1i, 1j,
1k, 1m, | ||||||
9 | 1n,
2,
2-5, 2-5.5, 2-10 (in respect to all provisions contained | ||||||
10 | in those Sections
other than the
State rate of tax), 2-12, 2-15 | ||||||
11 | through 2-70, 2a, 2b, 2c, 3 (except provisions
relating to
| ||||||
12 | transaction returns and quarter monthly payments), 4, 5, 5a, | ||||||
13 | 5b, 5c, 5d, 5e,
5f,
5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, | ||||||
14 | 7, 8, 9, 10, 11, 11a, 12, and 13 of the
Retailers' Occupation | ||||||
15 | Tax Act and the Uniform Penalty and
Interest Act as if those | ||||||
16 | provisions were set forth in this Section.
| ||||||
17 | Persons subject to any tax imposed under the authority | ||||||
18 | granted in this
Section may reimburse themselves for their | ||||||
19 | sellers' tax liability by
separately stating the tax as an | ||||||
20 | additional charge, which charge may be stated
in combination, | ||||||
21 | in a single amount, with State tax which sellers are required
| ||||||
22 | to collect under the Use Tax Act, pursuant to such bracketed | ||||||
23 | schedules as the
Department may prescribe.
| ||||||
24 | Whenever the Department determines that a refund should be | ||||||
25 | made under this
Section to a claimant instead of issuing a | ||||||
26 | credit memorandum, the Department
shall notify the State |
| |||||||
| |||||||
1 | Comptroller, who shall cause the order to be drawn for
the | ||||||
2 | amount specified and to the person named in the notification | ||||||
3 | from the
Department. The refund shall be paid by the State | ||||||
4 | Treasurer out of the
State Metro-East Park and Recreation | ||||||
5 | District Fund.
| ||||||
6 | (b) If a tax has been imposed under subsection (a), a
| ||||||
7 | service occupation tax shall
also be imposed at the same rate | ||||||
8 | upon all persons engaged, in the District, in
the business
of | ||||||
9 | making sales of service, who, as an incident to making those | ||||||
10 | sales of
service, transfer tangible personal property within | ||||||
11 | the District
as an
incident to a sale of service.
This tax may | ||||||
12 | not be imposed on sales of food for human consumption that is | ||||||
13 | to
be consumed off the premises where it is sold (other than | ||||||
14 | alcoholic beverages,
soft drinks, and food prepared for | ||||||
15 | immediate consumption) and prescription and
non-prescription | ||||||
16 | medicines, drugs, medical appliances, and insulin, urine
| ||||||
17 | testing materials, syringes, and needles used by diabetics.
The | ||||||
18 | tax imposed under this subsection and all civil penalties that | ||||||
19 | may be
assessed as an incident thereof shall be collected and | ||||||
20 | enforced by the
Department of Revenue. The Department has
full | ||||||
21 | power to
administer and enforce this subsection; to collect all | ||||||
22 | taxes and penalties
due hereunder; to dispose of taxes and | ||||||
23 | penalties so collected in the manner
hereinafter provided; and | ||||||
24 | to determine all rights to credit memoranda
arising on account | ||||||
25 | of the erroneous payment of tax or penalty hereunder.
In the | ||||||
26 | administration of, and compliance with this subsection, the
|
| |||||||
| |||||||
1 | Department and persons who are subject to this paragraph shall | ||||||
2 | (i) have the
same rights, remedies, privileges, immunities, | ||||||
3 | powers, and duties, (ii) be
subject to the same conditions, | ||||||
4 | restrictions, limitations, penalties,
exclusions, exemptions, | ||||||
5 | and definitions of terms, and (iii) employ the same
modes
of | ||||||
6 | procedure as are prescribed in Sections 2 (except that the
| ||||||
7 | reference to State in the definition of supplier maintaining a | ||||||
8 | place of
business in this State shall mean the District), 2a, | ||||||
9 | 2b, 2c, 3 through
3-50 (in respect to all provisions therein | ||||||
10 | other than the State rate of
tax), 4 (except that the reference | ||||||
11 | to the State shall be to the District),
5, 7, 8 (except that | ||||||
12 | the jurisdiction to which the tax shall be a debt to
the extent | ||||||
13 | indicated in that Section 8 shall be the District), 9 (except | ||||||
14 | as
to the disposition of taxes and penalties collected), 10, | ||||||
15 | 11, 12 (except the
reference therein to Section 2b of the
| ||||||
16 | Retailers' Occupation Tax Act), 13 (except that any reference | ||||||
17 | to the State
shall mean the District), Sections 15, 16,
17, 18, | ||||||
18 | 19 and 20 of the Service Occupation Tax Act and
the Uniform | ||||||
19 | Penalty and Interest Act, as fully as if those provisions were
| ||||||
20 | set forth herein.
| ||||||
21 | Persons subject to any tax imposed under the authority | ||||||
22 | granted in
this subsection may reimburse themselves for their | ||||||
23 | serviceman's tax liability
by separately stating the tax as an | ||||||
24 | additional charge, which
charge may be stated in combination, | ||||||
25 | in a single amount, with State tax
that servicemen are | ||||||
26 | authorized to collect under the Service Use Tax Act, in
|
| |||||||
| |||||||
1 | accordance with such bracket schedules as the Department may | ||||||
2 | prescribe.
| ||||||
3 | Whenever the Department determines that a refund should be | ||||||
4 | made under this
subsection to a claimant instead of issuing a | ||||||
5 | credit memorandum, the Department
shall notify the State | ||||||
6 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
7 | amount specified, and to the person named, in the notification
| ||||||
8 | from the Department. The refund shall be paid by the State | ||||||
9 | Treasurer out
of the
State Metro-East Park and Recreation | ||||||
10 | District Fund.
| ||||||
11 | Nothing in this subsection shall be construed to authorize | ||||||
12 | the board
to impose a tax upon the privilege of engaging in any | ||||||
13 | business which under
the Constitution of the United States may | ||||||
14 | not be made the subject of taxation
by the State.
| ||||||
15 | (c) The Department shall immediately pay over to the State | ||||||
16 | Treasurer, ex
officio,
as trustee, all taxes and penalties | ||||||
17 | collected under this Section to be
deposited into the
State | ||||||
18 | Metro-East Park and Recreation District Fund, which
shall be an | ||||||
19 | unappropriated trust fund held outside of the State treasury. | ||||||
20 | As soon as possible after the first day of each month, | ||||||
21 | beginning January 1, 2011, upon certification of the Department | ||||||
22 | of Revenue, the Comptroller shall order transferred, and the | ||||||
23 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
24 | local sales tax increment, as defined in the Innovation | ||||||
25 | Development and Economy Act, collected under this Section | ||||||
26 | during the second preceding calendar month for sales within a |
| |||||||
| |||||||
1 | STAR bond district. The Department shall make this | ||||||
2 | certification only if the Metro East Park and Recreation | ||||||
3 | District imposes a tax on real property as provided in the | ||||||
4 | definition of "local sales taxes" under the Innovation | ||||||
5 | Development and Economy Act. | ||||||
6 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
7 | on
or before the 25th
day of each calendar month, the | ||||||
8 | Department shall prepare and certify to the
Comptroller the | ||||||
9 | disbursement of stated sums of money
pursuant to Section 35 of | ||||||
10 | this Act to the District from which retailers have
paid
taxes | ||||||
11 | or penalties to the Department during the second preceding
| ||||||
12 | calendar month. The amount to be paid to the District shall be | ||||||
13 | the amount (not
including credit memoranda) collected under | ||||||
14 | this Section during the second
preceding
calendar month by the | ||||||
15 | Department plus an amount the Department determines is
| ||||||
16 | necessary to offset any amounts that were erroneously paid to a | ||||||
17 | different
taxing body, and not including (i) an amount equal to | ||||||
18 | the amount of refunds
made
during the second preceding calendar | ||||||
19 | month by the Department on behalf of
the District, (ii) any | ||||||
20 | amount that the Department determines is
necessary to offset | ||||||
21 | any amounts that were payable to a different taxing body
but | ||||||
22 | were erroneously paid to the District, and (iii) any amounts | ||||||
23 | that are transferred to the STAR Bonds Revenue Fund , and (iv) | ||||||
24 | 2% of the remainder, which the Department shall transfer into | ||||||
25 | the Tax Compliance and Administration Fund. The Department, at | ||||||
26 | the time of each monthly disbursement to the District, shall |
| |||||||
| |||||||
1 | prepare and certify to the State Comptroller the amount to be | ||||||
2 | transferred into the Tax Compliance and Administration Fund | ||||||
3 | under this subsection . Within 10 days after receipt by the
| ||||||
4 | Comptroller of the disbursement certification to the District | ||||||
5 | and the Tax Compliance and Administration Fund provided for in
| ||||||
6 | this Section to be given to the Comptroller by the Department, | ||||||
7 | the Comptroller
shall cause the orders to be drawn for the | ||||||
8 | respective amounts in accordance
with directions contained in | ||||||
9 | the certification.
| ||||||
10 | (d) For the purpose of determining
whether a tax authorized | ||||||
11 | under this Section is
applicable, a retail sale by a producer | ||||||
12 | of coal or another mineral mined in
Illinois is a sale at | ||||||
13 | retail at the place where the coal or other mineral mined
in | ||||||
14 | Illinois is extracted from the earth. This paragraph does not | ||||||
15 | apply to coal
or another mineral when it is delivered or | ||||||
16 | shipped by the seller to the
purchaser
at a point outside | ||||||
17 | Illinois so that the sale is exempt under the United States
| ||||||
18 | Constitution as a sale in interstate or foreign commerce.
| ||||||
19 | (e) Nothing in this Section shall be construed to authorize | ||||||
20 | the board to
impose a
tax upon the privilege of engaging in any | ||||||
21 | business that under the Constitution
of the United States may | ||||||
22 | not be made the subject of taxation by this State.
| ||||||
23 | (f) An ordinance imposing a tax under this Section or an | ||||||
24 | ordinance extending
the
imposition of a tax to an additional | ||||||
25 | county or counties
shall be certified
by the
board and filed | ||||||
26 | with the Department of Revenue
either (i) on or
before the |
| |||||||
| |||||||
1 | first day of April, whereupon the Department shall proceed to
| ||||||
2 | administer and enforce the tax as of the first day of July next | ||||||
3 | following
the filing; or (ii)
on or before the first day of | ||||||
4 | October, whereupon the
Department shall proceed to administer | ||||||
5 | and enforce the tax as of the first
day of January next | ||||||
6 | following the filing.
| ||||||
7 | (g) When certifying the amount of a monthly disbursement to | ||||||
8 | the District
under
this
Section, the Department shall increase | ||||||
9 | or decrease the amounts by an amount
necessary to offset any | ||||||
10 | misallocation of previous disbursements. The offset
amount | ||||||
11 | shall be the amount erroneously disbursed within the previous 6 | ||||||
12 | months
from the time a misallocation is discovered.
| ||||||
13 | (Source: P.A. 98-1098, eff. 8-26-14; 99-217, eff. 7-31-15.)
| ||||||
14 | Section 50-35. The Local Mass Transit District Act is | ||||||
15 | amended by changing Section 5.01 as follows:
| ||||||
16 | (70 ILCS 3610/5.01)
(from Ch. 111 2/3, par. 355.01)
| ||||||
17 | Sec. 5.01. Metro East Mass Transit District; use and | ||||||
18 | occupation taxes.
| ||||||
19 | (a) The Board of Trustees of any Metro East Mass Transit
| ||||||
20 | District may, by ordinance adopted with the concurrence of | ||||||
21 | two-thirds of
the then trustees, impose throughout the District | ||||||
22 | any or all of the taxes and
fees provided in this Section. All | ||||||
23 | taxes and fees imposed under this Section
shall be used only | ||||||
24 | for public mass transportation systems, and the amount used
to |
| |||||||
| |||||||
1 | provide mass transit service to unserved areas of the District | ||||||
2 | shall be in
the same proportion to the total proceeds as the | ||||||
3 | number of persons residing in
the unserved areas is to the | ||||||
4 | total population of the District. Except as
otherwise provided | ||||||
5 | in this Act, taxes imposed under
this Section and civil | ||||||
6 | penalties imposed incident thereto shall be
collected and | ||||||
7 | enforced by the State Department of Revenue.
The Department | ||||||
8 | shall have the power to administer and enforce the taxes
and to | ||||||
9 | determine all rights for refunds for erroneous payments of the | ||||||
10 | taxes.
| ||||||
11 | (b) The Board may impose a Metro East Mass Transit District | ||||||
12 | Retailers'
Occupation Tax upon all persons engaged in the | ||||||
13 | business of selling tangible
personal property at retail in the | ||||||
14 | district at a rate of 1/4 of 1%, or as
authorized under | ||||||
15 | subsection (d-5) of this Section, of the
gross receipts from | ||||||
16 | the sales made in the course of such business within
the | ||||||
17 | district. The tax imposed under this Section and all civil
| ||||||
18 | penalties that may be assessed as an incident thereof shall be | ||||||
19 | collected
and enforced by the State Department of Revenue. The | ||||||
20 | Department shall have
full power to administer and enforce this | ||||||
21 | Section; to collect all taxes
and penalties so collected in the | ||||||
22 | manner hereinafter provided; and to determine
all rights to | ||||||
23 | credit memoranda arising on account of the erroneous payment
of | ||||||
24 | tax or penalty hereunder. In the administration of, and | ||||||
25 | compliance with,
this Section, the Department and persons who | ||||||
26 | are subject to this Section
shall have the same rights, |
| |||||||
| |||||||
1 | remedies, privileges, immunities, powers and
duties, and be | ||||||
2 | subject to the same conditions, restrictions, limitations,
| ||||||
3 | penalties, exclusions, exemptions and definitions of terms and | ||||||
4 | employ
the same modes of procedure, as are prescribed in | ||||||
5 | Sections 1, 1a, 1a-1,
1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 | ||||||
6 | (in respect to all provisions
therein other than the State rate | ||||||
7 | of tax), 2c, 3 (except as to the
disposition of taxes and | ||||||
8 | penalties collected), 4, 5, 5a, 5c, 5d, 5e, 5f,
5g, 5h, 5i, 5j, | ||||||
9 | 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, 13, and 14 of
| ||||||
10 | the Retailers' Occupation Tax Act and Section 3-7 of the | ||||||
11 | Uniform Penalty
and Interest Act, as fully as if those | ||||||
12 | provisions were set forth herein.
| ||||||
13 | Persons subject to any tax imposed under the Section may | ||||||
14 | reimburse
themselves for their seller's tax liability | ||||||
15 | hereunder by separately stating
the tax as an additional | ||||||
16 | charge, which charge may be stated in combination,
in a single | ||||||
17 | amount, with State taxes that sellers are required to collect
| ||||||
18 | under the Use Tax Act, in accordance with such bracket | ||||||
19 | schedules as the
Department may prescribe.
| ||||||
20 | Whenever the Department determines that a refund should be | ||||||
21 | made under this
Section to a claimant instead of issuing a | ||||||
22 | credit memorandum, the Department
shall notify the State | ||||||
23 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
24 | amount specified, and to the person named, in the notification
| ||||||
25 | from the Department. The refund shall be paid by the State | ||||||
26 | Treasurer out
of the Metro East Mass Transit District tax fund |
| |||||||
| |||||||
1 | established under
paragraph (h)
of this Section.
| ||||||
2 | If a tax is imposed under this subsection (b), a tax shall | ||||||
3 | also be
imposed under subsections (c) and (d) of this Section.
| ||||||
4 | For the purpose of determining whether a tax authorized | ||||||
5 | under this Section
is applicable, a retail sale, by a producer | ||||||
6 | of coal or other mineral mined
in Illinois, is a sale at retail | ||||||
7 | at the place where the coal or other mineral
mined in Illinois | ||||||
8 | is extracted from the earth. This paragraph does not
apply to | ||||||
9 | coal or other mineral when it is delivered or shipped by the | ||||||
10 | seller
to the purchaser at a point outside Illinois so that the | ||||||
11 | sale is exempt
under the Federal Constitution as a sale in | ||||||
12 | interstate or foreign commerce.
| ||||||
13 | No tax shall be imposed or collected under this subsection | ||||||
14 | on the sale of a motor vehicle in this State to a resident of | ||||||
15 | another state if that motor vehicle will not be titled in this | ||||||
16 | State.
| ||||||
17 | Nothing in this Section shall be construed to authorize the | ||||||
18 | Metro East
Mass Transit District to impose a tax upon the | ||||||
19 | privilege of engaging in any
business which under the | ||||||
20 | Constitution of the United States may not be made
the subject | ||||||
21 | of taxation by this State.
| ||||||
22 | (c) If a tax has been imposed under subsection (b), a Metro | ||||||
23 | East Mass
Transit District Service Occupation Tax shall
also be | ||||||
24 | imposed upon all persons engaged, in the district, in the | ||||||
25 | business
of making sales of service, who, as an incident to | ||||||
26 | making those sales of
service, transfer tangible personal |
| |||||||
| |||||||
1 | property within the District, either in
the form of tangible | ||||||
2 | personal property or in the form of real estate as an
incident | ||||||
3 | to a sale of service. The tax rate shall be 1/4%, or as | ||||||
4 | authorized
under subsection (d-5) of this Section, of the | ||||||
5 | selling
price of tangible personal property so transferred | ||||||
6 | within the district.
The tax imposed under this paragraph and | ||||||
7 | all civil penalties that may be
assessed as an incident thereof | ||||||
8 | shall be collected and enforced by the
State Department of | ||||||
9 | Revenue. The Department shall have full power to
administer and | ||||||
10 | enforce this paragraph; to collect all taxes and penalties
due | ||||||
11 | hereunder; to dispose of taxes and penalties so collected in | ||||||
12 | the manner
hereinafter provided; and to determine all rights to | ||||||
13 | credit memoranda
arising on account of the erroneous payment of | ||||||
14 | tax or penalty hereunder.
In the administration of, and | ||||||
15 | compliance with this paragraph, the
Department and persons who | ||||||
16 | are subject to this paragraph shall have the
same rights, | ||||||
17 | remedies, privileges, immunities, powers and duties, and be
| ||||||
18 | subject to the same conditions, restrictions, limitations, | ||||||
19 | penalties,
exclusions, exemptions and definitions of terms and | ||||||
20 | employ the same modes
of procedure as are prescribed in | ||||||
21 | Sections 1a-1, 2 (except that the
reference to State in the | ||||||
22 | definition of supplier maintaining a place of
business in this | ||||||
23 | State shall mean the Authority), 2a, 3 through
3-50 (in respect | ||||||
24 | to all provisions therein other than the State rate of
tax), 4 | ||||||
25 | (except that the reference to the State shall be to the | ||||||
26 | Authority),
5, 7, 8 (except that the jurisdiction to which the |
| |||||||
| |||||||
1 | tax shall be a debt to
the extent indicated in that Section 8 | ||||||
2 | shall be the District), 9 (except as
to the disposition of | ||||||
3 | taxes and penalties collected, and except that
the returned | ||||||
4 | merchandise credit for this tax may not be taken against any
| ||||||
5 | State tax), 10, 11, 12 (except the reference therein to Section | ||||||
6 | 2b of the
Retailers' Occupation Tax Act), 13 (except that any | ||||||
7 | reference to the State
shall mean the District), the first | ||||||
8 | paragraph of Section 15, 16,
17, 18, 19 and 20 of the Service | ||||||
9 | Occupation Tax Act and Section 3-7 of
the Uniform Penalty and | ||||||
10 | Interest Act, as fully as if those provisions were
set forth | ||||||
11 | herein.
| ||||||
12 | Persons subject to any tax imposed under the authority | ||||||
13 | granted in
this paragraph may reimburse themselves for their | ||||||
14 | serviceman's tax liability
hereunder by separately stating the | ||||||
15 | tax as an additional charge, which
charge may be stated in | ||||||
16 | combination, in a single amount, with State tax
that servicemen | ||||||
17 | are authorized to collect under the Service Use Tax Act, in
| ||||||
18 | accordance with such bracket schedules as the Department may | ||||||
19 | prescribe.
| ||||||
20 | Whenever the Department determines that a refund should be | ||||||
21 | made under this
paragraph to a claimant instead of issuing a | ||||||
22 | credit memorandum, the Department
shall notify the State | ||||||
23 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
24 | amount specified, and to the person named, in the notification
| ||||||
25 | from the Department. The refund shall be paid by the State | ||||||
26 | Treasurer out
of the Metro East Mass Transit District tax fund |
| |||||||
| |||||||
1 | established under
paragraph (h)
of this Section.
| ||||||
2 | Nothing in this paragraph shall be construed to authorize | ||||||
3 | the District
to impose a tax upon the privilege of engaging in | ||||||
4 | any business which under
the Constitution of the United States | ||||||
5 | may not be made the subject of taxation
by the State.
| ||||||
6 | (d) If a tax has been imposed under subsection (b), a Metro | ||||||
7 | East Mass
Transit District Use Tax shall
also be imposed upon | ||||||
8 | the privilege of using, in the district, any item of
tangible | ||||||
9 | personal property that is purchased outside the district at
| ||||||
10 | retail from a retailer, and that is titled or registered with | ||||||
11 | an agency of
this State's government, at a rate of 1/4%, or as | ||||||
12 | authorized under subsection
(d-5) of this Section, of the | ||||||
13 | selling price of the
tangible personal property within the | ||||||
14 | District, as "selling price" is
defined in the Use Tax Act. The | ||||||
15 | tax shall be collected from persons whose
Illinois address for | ||||||
16 | titling or registration purposes is given as being in
the | ||||||
17 | District. The tax shall be collected by the Department of | ||||||
18 | Revenue for
the Metro East Mass Transit District. The tax must | ||||||
19 | be paid to the State,
or an exemption determination must be | ||||||
20 | obtained from the Department of
Revenue, before the title or | ||||||
21 | certificate of registration for the property
may be issued. The | ||||||
22 | tax or proof of exemption may be transmitted to the
Department | ||||||
23 | by way of the State agency with which, or the State officer | ||||||
24 | with
whom, the tangible personal property must be titled or | ||||||
25 | registered if the
Department and the State agency or State | ||||||
26 | officer determine that this
procedure will expedite the |
| |||||||
| |||||||
1 | processing of applications for title or
registration.
| ||||||
2 | The Department shall have full power to administer and | ||||||
3 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
4 | interest due hereunder; to
dispose of taxes, penalties and | ||||||
5 | interest so collected in the manner
hereinafter provided; and | ||||||
6 | to determine all rights to credit memoranda or
refunds arising | ||||||
7 | on account of the erroneous payment of tax, penalty or
interest | ||||||
8 | hereunder. In the administration of, and compliance with, this
| ||||||
9 | paragraph, the Department and persons who are subject to this | ||||||
10 | paragraph
shall have the same rights, remedies, privileges, | ||||||
11 | immunities, powers and
duties, and be subject to the same | ||||||
12 | conditions, restrictions, limitations,
penalties, exclusions, | ||||||
13 | exemptions and definitions of terms
and employ the same modes | ||||||
14 | of procedure, as are prescribed in Sections 2
(except the | ||||||
15 | definition of "retailer maintaining a place of business in this
| ||||||
16 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
17 | State rate
of tax, and except provisions concerning collection | ||||||
18 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | ||||||
19 | 19 (except the portions pertaining
to claims by retailers and | ||||||
20 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
21 | the Use Tax Act and Section 3-7 of the Uniform Penalty
and | ||||||
22 | Interest Act, that are not inconsistent with this
paragraph, as | ||||||
23 | fully as if those provisions were set forth herein.
| ||||||
24 | Whenever the Department determines that a refund should be | ||||||
25 | made under this
paragraph to a claimant instead of issuing a | ||||||
26 | credit memorandum, the Department
shall notify the State |
| |||||||
| |||||||
1 | Comptroller, who shall cause the order
to be drawn for the | ||||||
2 | amount specified, and to the person named, in the
notification | ||||||
3 | from the Department. The refund shall be paid by the State
| ||||||
4 | Treasurer out of the Metro East Mass Transit District tax fund | ||||||
5 | established
under paragraph (h)
of this Section.
| ||||||
6 | (d-5) (A) The county board of any county participating in | ||||||
7 | the Metro
East Mass Transit District may authorize, by | ||||||
8 | ordinance, a
referendum on the question of whether the tax | ||||||
9 | rates for the
Metro East Mass Transit District Retailers' | ||||||
10 | Occupation Tax, the
Metro East Mass Transit District Service | ||||||
11 | Occupation Tax, and the
Metro East Mass Transit District Use | ||||||
12 | Tax for
the District should be increased from 0.25% to 0.75%.
| ||||||
13 | Upon adopting the ordinance, the county
board shall certify the | ||||||
14 | proposition to the proper election officials who shall
submit | ||||||
15 | the proposition to the voters of the District at the next | ||||||
16 | election,
in accordance with the general election law.
| ||||||
17 | The proposition shall be in substantially the following | ||||||
18 | form:
| ||||||
19 | Shall the tax rates for the Metro East Mass Transit | ||||||
20 | District Retailers'
Occupation Tax, the Metro East Mass | ||||||
21 | Transit District Service Occupation Tax,
and the Metro East | ||||||
22 | Mass Transit District Use Tax be increased from 0.25% to
| ||||||
23 | 0.75%?
| ||||||
24 | (B) Two thousand five hundred electors of any Metro East | ||||||
25 | Mass Transit
District may petition the Chief Judge of the | ||||||
26 | Circuit Court, or any judge of
that Circuit designated by the |
| |||||||
| |||||||
1 | Chief Judge, in which that District is located
to cause to be | ||||||
2 | submitted to a vote of the electors the question whether the | ||||||
3 | tax
rates for the Metro East Mass Transit District Retailers' | ||||||
4 | Occupation Tax, the
Metro East Mass Transit District Service | ||||||
5 | Occupation Tax, and the Metro East
Mass Transit District Use | ||||||
6 | Tax for the District should be increased from 0.25%
to 0.75%.
| ||||||
7 | Upon submission of such petition the court shall set a date | ||||||
8 | not less than 10
nor more than 30 days thereafter for a hearing | ||||||
9 | on the sufficiency thereof.
Notice of the filing of such | ||||||
10 | petition and of such date shall be given in
writing to the | ||||||
11 | District and the County Clerk at least 7 days before the date | ||||||
12 | of
such hearing.
| ||||||
13 | If such petition is found sufficient, the court shall enter | ||||||
14 | an order to
submit that proposition at the next election, in | ||||||
15 | accordance with general
election law.
| ||||||
16 | The form of the petition shall be in substantially the | ||||||
17 | following form: To the
Circuit Court of the County of (name of | ||||||
18 | county):
| ||||||
19 | We, the undersigned electors of the (name of transit | ||||||
20 | district),
respectfully petition your honor to submit to a | ||||||
21 | vote of the electors of (name
of transit district) the | ||||||
22 | following proposition:
| ||||||
23 | Shall the tax rates for the Metro East Mass Transit | ||||||
24 | District Retailers'
Occupation Tax, the Metro East Mass | ||||||
25 | Transit District Service Occupation Tax,
and the Metro East | ||||||
26 | Mass Transit District Use Tax be increased from 0.25% to
|
| ||||||||||
| ||||||||||
1 | 0.75%?
| |||||||||
2 | Name Address, with Street and Number.
| |||||||||
| ||||||||||
5 | (C) The votes shall be recorded as "YES" or "NO". If a | |||||||||
6 | majority of all
votes
cast on the proposition are for the | |||||||||
7 | increase in
the tax rates, the Metro East Mass Transit District | |||||||||
8 | shall begin imposing the
increased rates in the District, and
| |||||||||
9 | the Department of Revenue shall begin collecting the increased | |||||||||
10 | amounts, as
provided under this Section.
An ordinance imposing | |||||||||
11 | or discontinuing a tax hereunder or effecting a change
in the | |||||||||
12 | rate thereof shall be adopted and a certified copy thereof | |||||||||
13 | filed with
the Department on or before the first day of | |||||||||
14 | October, whereupon the Department
shall proceed to administer | |||||||||
15 | and enforce this Section as of the first day of
January next | |||||||||
16 | following the adoption and filing, or on or before the first | |||||||||
17 | day
of April, whereupon the Department shall proceed to | |||||||||
18 | administer and enforce this
Section as of the first day of July | |||||||||
19 | next following the adoption and filing.
| |||||||||
20 | (D) If the voters have approved a referendum under this | |||||||||
21 | subsection,
before
November 1, 1994, to
increase the tax rate | |||||||||
22 | under this subsection, the Metro East Mass Transit
District | |||||||||
23 | Board of Trustees may adopt by a majority vote an ordinance at | |||||||||
24 | any
time
before January 1, 1995 that excludes from the rate | |||||||||
25 | increase tangible personal
property that is titled or | |||||||||
26 | registered with an
agency of this State's government.
The |
| |||||||
| |||||||
1 | ordinance excluding titled or
registered tangible personal | ||||||
2 | property from the rate increase must be filed with
the | ||||||
3 | Department at least 15 days before its effective date.
At any | ||||||
4 | time after adopting an ordinance excluding from the rate | ||||||
5 | increase
tangible personal property that is titled or | ||||||
6 | registered with an agency of this
State's government, the Metro | ||||||
7 | East Mass Transit District Board of Trustees may
adopt an | ||||||
8 | ordinance applying the rate increase to that tangible personal
| ||||||
9 | property. The ordinance shall be adopted, and a certified copy | ||||||
10 | of that
ordinance shall be filed with the Department, on or | ||||||
11 | before October 1, whereupon
the Department shall proceed to | ||||||
12 | administer and enforce the rate increase
against tangible | ||||||
13 | personal property titled or registered with an agency of this
| ||||||
14 | State's government as of the following January
1. After | ||||||
15 | December 31, 1995, any reimposed rate increase in effect under | ||||||
16 | this
subsection shall no longer apply to tangible personal | ||||||
17 | property titled or
registered with an agency of this State's | ||||||
18 | government. Beginning January 1,
1996, the Board of Trustees of | ||||||
19 | any Metro East Mass Transit
District may never reimpose a | ||||||
20 | previously excluded tax rate increase on tangible
personal | ||||||
21 | property titled or registered with an agency of this State's
| ||||||
22 | government.
After July 1, 2004, if the voters have approved a | ||||||
23 | referendum under this
subsection to increase the tax rate under | ||||||
24 | this subsection, the Metro East Mass
Transit District Board of | ||||||
25 | Trustees may adopt by a majority vote an ordinance
that | ||||||
26 | excludes from the rate increase tangible personal property that |
| |||||||
| |||||||
1 | is titled
or registered with an agency of this State's | ||||||
2 | government. The ordinance excluding titled or registered | ||||||
3 | tangible personal property from the rate increase shall be
| ||||||
4 | adopted, and a certified copy of that ordinance shall be filed | ||||||
5 | with the
Department on or before October 1, whereupon the | ||||||
6 | Department shall administer and enforce this exclusion from the | ||||||
7 | rate increase as of the
following January 1, or on or before | ||||||
8 | April 1, whereupon the Department shall
administer and enforce | ||||||
9 | this exclusion from the rate increase as of the
following July | ||||||
10 | 1. The Board of Trustees of any Metro East Mass Transit | ||||||
11 | District
may never
reimpose a previously excluded tax rate | ||||||
12 | increase on tangible personal property
titled or registered | ||||||
13 | with an agency of this State's government.
| ||||||
14 | (d-6) If the Board of Trustees of any Metro East Mass | ||||||
15 | Transit District has
imposed a rate increase under subsection | ||||||
16 | (d-5) and filed an
ordinance with the Department of Revenue | ||||||
17 | excluding titled property from the
higher rate, then that Board | ||||||
18 | may, by ordinance adopted with
the concurrence of two-thirds of | ||||||
19 | the then trustees, impose throughout the
District a fee. The | ||||||
20 | fee on the excluded property shall not exceed $20 per
retail | ||||||
21 | transaction or an
amount
equal to the amount of tax excluded, | ||||||
22 | whichever is less, on
tangible personal property that is titled | ||||||
23 | or registered with an agency of this
State's government. | ||||||
24 | Beginning July 1, 2004, the fee shall apply only to
titled | ||||||
25 | property that is subject to either the Metro East Mass Transit | ||||||
26 | District
Retailers' Occupation Tax or the Metro East Mass |
| |||||||
| |||||||
1 | Transit District Service
Occupation Tax. No fee shall be | ||||||
2 | imposed or collected under this subsection on the sale of a | ||||||
3 | motor vehicle in this State to a resident of another state if | ||||||
4 | that motor vehicle will not be titled in this State.
| ||||||
5 | (d-7) Until June 30, 2004, if a fee has been imposed under | ||||||
6 | subsection
(d-6), a fee shall also
be imposed upon the | ||||||
7 | privilege of using, in the district, any item of tangible
| ||||||
8 | personal property that is titled or registered with any agency | ||||||
9 | of this State's
government, in an amount equal to the amount of | ||||||
10 | the fee imposed under
subsection (d-6).
| ||||||
11 | (d-7.1) Beginning July 1, 2004, any fee imposed by the | ||||||
12 | Board of Trustees
of any Metro East Mass Transit District under | ||||||
13 | subsection (d-6) and all civil
penalties that may be assessed | ||||||
14 | as an incident of the fees shall be collected
and enforced by | ||||||
15 | the State Department of Revenue. Reference to "taxes" in this
| ||||||
16 | Section shall be construed to apply to the administration, | ||||||
17 | payment, and
remittance of all fees under this Section. For | ||||||
18 | purposes of any fee imposed
under subsection (d-6), 4% of the | ||||||
19 | fee, penalty, and interest received by the
Department in the | ||||||
20 | first 12 months that the fee is collected and enforced by
the | ||||||
21 | Department and 2% of the fee, penalty, and interest following | ||||||
22 | the first
12 months shall be deposited into the Tax Compliance | ||||||
23 | and Administration
Fund and shall be used by the Department, | ||||||
24 | subject to appropriation, to cover
the costs of the Department. | ||||||
25 | No retailers' discount shall apply to any fee
imposed under | ||||||
26 | subsection (d-6).
|
| |||||||
| |||||||
1 | (d-8) No item of titled property shall be subject to both
| ||||||
2 | the higher rate approved by referendum, as authorized under | ||||||
3 | subsection (d-5),
and any fee imposed under subsection (d-6) or | ||||||
4 | (d-7).
| ||||||
5 | (d-9) (Blank).
| ||||||
6 | (d-10) (Blank).
| ||||||
7 | (e) A certificate of registration issued by the State | ||||||
8 | Department of
Revenue to a retailer under the Retailers' | ||||||
9 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
10 | shall permit the registrant to engage in a
business that is | ||||||
11 | taxed under the tax imposed under paragraphs (b), (c)
or (d) of | ||||||
12 | this Section and no additional registration shall be required | ||||||
13 | under
the tax. A certificate issued under the Use Tax Act or | ||||||
14 | the Service Use Tax
Act shall be applicable with regard to any | ||||||
15 | tax imposed under paragraph (c)
of this Section.
| ||||||
16 | (f) (Blank).
| ||||||
17 | (g) Any ordinance imposing or discontinuing any tax under | ||||||
18 | this
Section shall be adopted and a certified copy thereof | ||||||
19 | filed with the
Department on or before June 1, whereupon the | ||||||
20 | Department of Revenue shall
proceed to administer and enforce | ||||||
21 | this Section on behalf of the Metro East
Mass Transit District | ||||||
22 | as of September 1 next following such
adoption and filing. | ||||||
23 | Beginning January 1, 1992, an ordinance or resolution
imposing | ||||||
24 | or discontinuing the tax hereunder shall be adopted and a
| ||||||
25 | certified copy thereof filed with the Department on or before | ||||||
26 | the first day
of July, whereupon the Department shall proceed |
| |||||||
| |||||||
1 | to administer and enforce
this Section as of the first day of | ||||||
2 | October next following such adoption
and filing. Beginning | ||||||
3 | January 1, 1993, except as provided in subsection
(d-5) of this | ||||||
4 | Section, an ordinance or resolution imposing
or discontinuing | ||||||
5 | the tax hereunder shall be adopted and a certified copy
thereof | ||||||
6 | filed with the Department on or before the first day of | ||||||
7 | October,
whereupon the Department shall proceed to administer | ||||||
8 | and enforce this
Section as of the first day of January next | ||||||
9 | following such adoption and
filing,
or, beginning January 1, | ||||||
10 | 2004, on or before the first day of April, whereupon
the | ||||||
11 | Department shall proceed to administer and enforce this Section | ||||||
12 | as of the
first day of July next following the adoption and | ||||||
13 | filing.
| ||||||
14 | (h) Except as provided in subsection (d-7.1), the State | ||||||
15 | Department of
Revenue shall, upon collecting any taxes as
| ||||||
16 | provided in this Section, pay the taxes over to the State | ||||||
17 | Treasurer as
trustee for the District. The taxes shall be held | ||||||
18 | in a trust fund outside
the State Treasury. | ||||||
19 | As soon as possible after the first day of each month, | ||||||
20 | beginning January 1, 2011, upon certification of the Department | ||||||
21 | of Revenue, the Comptroller shall order transferred, and the | ||||||
22 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
23 | local sales tax increment, as defined in the Innovation | ||||||
24 | Development and Economy Act, collected under this Section | ||||||
25 | during the second preceding calendar month for sales within a | ||||||
26 | STAR bond district. The Department shall make this |
| |||||||
| |||||||
1 | certification only if the local mass transit district imposes a | ||||||
2 | tax on real property as provided in the definition of "local | ||||||
3 | sales taxes" under the Innovation Development and Economy Act. | ||||||
4 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
5 | on or before the 25th day of each calendar month, the
State | ||||||
6 | Department of Revenue shall prepare and certify to the | ||||||
7 | Comptroller of
the State of Illinois the amount to be paid to | ||||||
8 | the District, which shall be
the amount (not including credit | ||||||
9 | memoranda) collected under this Section during the second | ||||||
10 | preceding calendar month by the Department plus an amount the | ||||||
11 | Department determines is necessary to offset any amounts that | ||||||
12 | were erroneously paid to a different taxing body, and not | ||||||
13 | including any amount equal to the amount of refunds made during | ||||||
14 | the second preceding calendar month by the Department on behalf | ||||||
15 | of the District, and not including any amount that the | ||||||
16 | Department determines is necessary to offset any amounts that | ||||||
17 | were payable to a different taxing body but were erroneously | ||||||
18 | paid to the District, and less any amounts that are transferred | ||||||
19 | to the STAR Bonds Revenue Fund , less 2% of the remainder, which | ||||||
20 | the Department shall transfer into the Tax Compliance and | ||||||
21 | Administration Fund. The Department, at the time of each | ||||||
22 | monthly disbursement to the District, shall prepare and certify | ||||||
23 | to the State Comptroller the amount to be transferred into the | ||||||
24 | Tax Compliance and Administration Fund under this subsection . | ||||||
25 | Within 10 days after receipt by
the Comptroller of the | ||||||
26 | certification of the amount to be paid to the
District and the |
| |||||||
| |||||||
1 | Tax Compliance and Administration Fund , the Comptroller shall | ||||||
2 | cause an order to be drawn for payment
for the amount in | ||||||
3 | accordance with the direction in the certification.
| ||||||
4 | (Source: P.A. 98-298, eff. 8-9-13; 99-217, eff. 7-31-15.)
| ||||||
5 | Section 50-40. The Regional Transportation Authority Act | ||||||
6 | is amended by changing Sections 4.03 and 4.09 as follows:
| ||||||
7 | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
| ||||||
8 | Sec. 4.03. Taxes.
| ||||||
9 | (a) In order to carry out any of the powers or
purposes of | ||||||
10 | the Authority, the Board may by ordinance adopted with the
| ||||||
11 | concurrence of 12
of the then Directors, impose throughout the
| ||||||
12 | metropolitan region any or all of the taxes provided in this | ||||||
13 | Section.
Except as otherwise provided in this Act, taxes | ||||||
14 | imposed under this
Section and civil penalties imposed incident | ||||||
15 | thereto shall be collected
and enforced by the State Department | ||||||
16 | of Revenue. The Department shall
have the power to administer | ||||||
17 | and enforce the taxes and to determine all
rights for refunds | ||||||
18 | for erroneous payments of the taxes. Nothing in Public Act | ||||||
19 | 95-708 is intended to invalidate any taxes currently imposed by | ||||||
20 | the Authority. The increased vote requirements to impose a tax | ||||||
21 | shall only apply to actions taken after January 1, 2008 (the | ||||||
22 | effective date of Public Act 95-708).
| ||||||
23 | (b) The Board may impose a public transportation tax upon | ||||||
24 | all
persons engaged in the metropolitan region in the business |
| |||||||
| |||||||
1 | of selling at
retail motor fuel for operation of motor vehicles | ||||||
2 | upon public highways. The
tax shall be at a rate not to exceed | ||||||
3 | 5% of the gross receipts from the sales
of motor fuel in the | ||||||
4 | course of the business. As used in this Act, the term
"motor | ||||||
5 | fuel" shall have the same meaning as in the Motor Fuel Tax Law. | ||||||
6 | The Board may provide for details of the tax. The provisions of
| ||||||
7 | any tax shall conform, as closely as may be practicable, to the | ||||||
8 | provisions
of the Municipal Retailers Occupation Tax Act, | ||||||
9 | including without limitation,
conformity to penalties with | ||||||
10 | respect to the tax imposed and as to the powers of
the State | ||||||
11 | Department of Revenue to promulgate and enforce rules and | ||||||
12 | regulations
relating to the administration and enforcement of | ||||||
13 | the provisions of the tax
imposed, except that reference in the | ||||||
14 | Act to any municipality shall refer to
the Authority and the | ||||||
15 | tax shall be imposed only with regard to receipts from
sales of | ||||||
16 | motor fuel in the metropolitan region, at rates as limited by | ||||||
17 | this
Section.
| ||||||
18 | (c) In connection with the tax imposed under paragraph (b) | ||||||
19 | of
this Section the Board may impose a tax upon the privilege | ||||||
20 | of using in
the metropolitan region motor fuel for the | ||||||
21 | operation of a motor vehicle
upon public highways, the tax to | ||||||
22 | be at a rate not in excess of the rate
of tax imposed under | ||||||
23 | paragraph (b) of this Section. The Board may
provide for | ||||||
24 | details of the tax.
| ||||||
25 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
26 | the
privilege of parking motor vehicles at off-street parking |
| |||||||
| |||||||
1 | facilities in
the metropolitan region at which a fee is | ||||||
2 | charged, and may provide for
reasonable classifications in and | ||||||
3 | exemptions to the tax, for
administration and enforcement | ||||||
4 | thereof and for civil penalties and
refunds thereunder and may | ||||||
5 | provide criminal penalties thereunder, the
maximum penalties | ||||||
6 | not to exceed the maximum criminal penalties provided
in the | ||||||
7 | Retailers' Occupation Tax Act. The
Authority may collect and | ||||||
8 | enforce the tax itself or by contract with
any unit of local | ||||||
9 | government. The State Department of Revenue shall have
no | ||||||
10 | responsibility for the collection and enforcement unless the
| ||||||
11 | Department agrees with the Authority to undertake the | ||||||
12 | collection and
enforcement. As used in this paragraph, the term | ||||||
13 | "parking facility"
means a parking area or structure having | ||||||
14 | parking spaces for more than 2
vehicles at which motor vehicles | ||||||
15 | are permitted to park in return for an
hourly, daily, or other | ||||||
16 | periodic fee, whether publicly or privately
owned, but does not | ||||||
17 | include parking spaces on a public street, the use
of which is | ||||||
18 | regulated by parking meters.
| ||||||
19 | (e) The Board may impose a Regional Transportation | ||||||
20 | Authority
Retailers' Occupation Tax upon all persons engaged in | ||||||
21 | the business of
selling tangible personal property at retail in | ||||||
22 | the metropolitan region.
In Cook County the tax rate shall be | ||||||
23 | 1.25%
of the gross receipts from sales
of food for human | ||||||
24 | consumption that is to be consumed off the premises
where it is | ||||||
25 | sold (other than alcoholic beverages, soft drinks and food
that | ||||||
26 | has been prepared for immediate consumption) and prescription |
| |||||||
| |||||||
1 | and
nonprescription medicines, drugs, medical appliances and | ||||||
2 | insulin, urine
testing materials, syringes and needles used by | ||||||
3 | diabetics, and 1%
of the
gross receipts from other taxable | ||||||
4 | sales made in the course of that business.
In DuPage, Kane, | ||||||
5 | Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
| ||||||
6 | of the gross receipts from all taxable sales made in the course | ||||||
7 | of that
business. The tax
imposed under this Section and all | ||||||
8 | civil penalties that may be
assessed as an incident thereof | ||||||
9 | shall be collected and enforced by the
State Department of | ||||||
10 | Revenue. The Department shall have full power to
administer and | ||||||
11 | enforce this Section; to collect all taxes and penalties
so | ||||||
12 | collected in the manner hereinafter provided; and to determine | ||||||
13 | all
rights to credit memoranda arising on account of the | ||||||
14 | erroneous payment
of tax or penalty hereunder. In the | ||||||
15 | administration of, and compliance
with this Section, the | ||||||
16 | Department and persons who are subject to this
Section shall | ||||||
17 | have the same rights, remedies, privileges, immunities,
powers | ||||||
18 | and duties, and be subject to the same conditions, | ||||||
19 | restrictions,
limitations, penalties, exclusions, exemptions | ||||||
20 | and definitions of terms,
and employ the same modes of | ||||||
21 | procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, | ||||||
22 | 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions | ||||||
23 | therein other than the State rate of tax), 2c, 3 (except as to
| ||||||
24 | the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
25 | 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, | ||||||
26 | 7, 8, 9, 10, 11, 12 and
13 of the Retailers' Occupation Tax Act |
| |||||||
| |||||||
1 | and Section 3-7 of the
Uniform Penalty and Interest Act, as | ||||||
2 | fully as if those
provisions were set forth herein.
| ||||||
3 | Persons subject to any tax imposed under the authority | ||||||
4 | granted
in this Section may reimburse themselves for their | ||||||
5 | seller's tax
liability hereunder by separately stating the tax | ||||||
6 | as an additional
charge, which charge may be stated in | ||||||
7 | combination in a single amount
with State taxes that sellers | ||||||
8 | are required to collect under the Use
Tax Act, under any | ||||||
9 | bracket schedules the
Department may prescribe.
| ||||||
10 | Whenever the Department determines that a refund should be | ||||||
11 | made under
this Section to a claimant instead of issuing a | ||||||
12 | credit memorandum, the
Department shall notify the State | ||||||
13 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
14 | amount specified, and to the person named,
in the notification | ||||||
15 | from the Department. The refund shall be paid by
the State | ||||||
16 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
17 | established under paragraph (n) of this Section.
| ||||||
18 | If a tax is imposed under this subsection (e), a tax shall | ||||||
19 | also
be imposed under subsections (f) and (g) of this Section.
| ||||||
20 | For the purpose of determining whether a tax authorized | ||||||
21 | under this
Section is applicable, a retail sale by a producer | ||||||
22 | of coal or other
mineral mined in Illinois, is a sale at retail | ||||||
23 | at the place where the
coal or other mineral mined in Illinois | ||||||
24 | is extracted from the earth.
This paragraph does not apply to | ||||||
25 | coal or other mineral when it is
delivered or shipped by the | ||||||
26 | seller to the purchaser at a point outside
Illinois so that the |
| |||||||
| |||||||
1 | sale is exempt under the Federal Constitution as a
sale in | ||||||
2 | interstate or foreign commerce.
| ||||||
3 | No tax shall be imposed or collected under this subsection | ||||||
4 | on the sale of a motor vehicle in this State to a resident of | ||||||
5 | another state if that motor vehicle will not be titled in this | ||||||
6 | State.
| ||||||
7 | Nothing in this Section shall be construed to authorize the | ||||||
8 | Regional
Transportation Authority to impose a tax upon the | ||||||
9 | privilege of engaging
in any business that under the | ||||||
10 | Constitution of the United States may
not be made the subject | ||||||
11 | of taxation by this State.
| ||||||
12 | (f) If a tax has been imposed under paragraph (e), a
| ||||||
13 | Regional Transportation Authority Service Occupation
Tax shall
| ||||||
14 | also be imposed upon all persons engaged, in the metropolitan | ||||||
15 | region in
the business of making sales of service, who as an | ||||||
16 | incident to making the sales
of service, transfer tangible | ||||||
17 | personal property within the metropolitan region,
either in the | ||||||
18 | form of tangible personal property or in the form of real | ||||||
19 | estate
as an incident to a sale of service. In Cook County, the | ||||||
20 | tax rate
shall be: (1) 1.25%
of the serviceman's cost price of | ||||||
21 | food prepared for
immediate consumption and transferred | ||||||
22 | incident to a sale of service subject
to the service occupation | ||||||
23 | tax by an entity licensed under the Hospital
Licensing Act, the | ||||||
24 | Nursing Home Care Act, the Specialized Mental Health | ||||||
25 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
26 | the MC/DD Act that is located in the metropolitan
region; (2) |
| |||||||
| |||||||
1 | 1.25%
of the selling price of food for human consumption that | ||||||
2 | is to
be consumed off the premises where it is sold (other than | ||||||
3 | alcoholic
beverages, soft drinks and food that has been | ||||||
4 | prepared for immediate
consumption) and prescription and | ||||||
5 | nonprescription medicines, drugs, medical
appliances and | ||||||
6 | insulin, urine testing materials, syringes and needles used
by | ||||||
7 | diabetics; and (3) 1%
of the selling price from other taxable | ||||||
8 | sales of
tangible personal property transferred. In DuPage, | ||||||
9 | Kane, Lake,
McHenry and Will Counties the rate shall be 0.75%
| ||||||
10 | of the selling price
of all tangible personal property | ||||||
11 | transferred.
| ||||||
12 | The tax imposed under this paragraph and all civil
| ||||||
13 | penalties that may be assessed as an incident thereof shall be | ||||||
14 | collected
and enforced by the State Department of Revenue. The | ||||||
15 | Department shall
have full power to administer and enforce this | ||||||
16 | paragraph; to collect all
taxes and penalties due hereunder; to | ||||||
17 | dispose of taxes and penalties
collected in the manner | ||||||
18 | hereinafter provided; and to determine all
rights to credit | ||||||
19 | memoranda arising on account of the erroneous payment
of tax or | ||||||
20 | penalty hereunder. In the administration of and compliance
with | ||||||
21 | this paragraph, the Department and persons who are subject to | ||||||
22 | this
paragraph shall have the same rights, remedies, | ||||||
23 | privileges, immunities,
powers and duties, and be subject to | ||||||
24 | the same conditions, restrictions,
limitations, penalties, | ||||||
25 | exclusions, exemptions and definitions of terms,
and employ the | ||||||
26 | same modes of procedure, as are prescribed in Sections 1a-1, 2,
|
| |||||||
| |||||||
1 | 2a, 3 through 3-50 (in respect to all provisions therein other | ||||||
2 | than the
State rate of tax), 4 (except that the reference to | ||||||
3 | the State shall be to
the Authority), 5, 7, 8 (except that the | ||||||
4 | jurisdiction to which the tax
shall be a debt to the extent | ||||||
5 | indicated in that Section 8 shall be the
Authority), 9 (except | ||||||
6 | as to the disposition of taxes and penalties
collected, and | ||||||
7 | except that the returned merchandise credit for this tax may
| ||||||
8 | not be taken against any State tax), 10, 11, 12 (except the | ||||||
9 | reference
therein to Section 2b of the Retailers' Occupation | ||||||
10 | Tax Act), 13 (except
that any reference to the State shall mean | ||||||
11 | the Authority), the first
paragraph of Section 15, 16, 17, 18, | ||||||
12 | 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of | ||||||
13 | the Uniform Penalty and Interest
Act, as fully as if those | ||||||
14 | provisions were set forth herein.
| ||||||
15 | Persons subject to any tax imposed under the authority | ||||||
16 | granted
in this paragraph may reimburse themselves for their | ||||||
17 | serviceman's tax
liability hereunder by separately stating the | ||||||
18 | tax as an additional
charge, that charge may be stated in | ||||||
19 | combination in a single amount
with State tax that servicemen | ||||||
20 | are authorized to collect under the
Service Use Tax Act, under | ||||||
21 | any bracket schedules the
Department may prescribe.
| ||||||
22 | Whenever the Department determines that a refund should be | ||||||
23 | made under
this paragraph to a claimant instead of issuing a | ||||||
24 | credit memorandum, the
Department shall notify the State | ||||||
25 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
26 | amount specified, and to the person named
in the notification |
| |||||||
| |||||||
1 | from the Department. The refund shall be paid by
the State | ||||||
2 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
3 | established under paragraph (n) of this Section.
| ||||||
4 | Nothing in this paragraph shall be construed to authorize | ||||||
5 | the
Authority to impose a tax upon the privilege of engaging in | ||||||
6 | any business
that under the Constitution of the United States | ||||||
7 | may not be made the
subject of taxation by the State.
| ||||||
8 | (g) If a tax has been imposed under paragraph (e), a tax | ||||||
9 | shall
also be imposed upon the privilege of using in the | ||||||
10 | metropolitan region,
any item of tangible personal property | ||||||
11 | that is purchased outside the
metropolitan region at retail | ||||||
12 | from a retailer, and that is titled or
registered with an | ||||||
13 | agency of this State's government. In Cook County the
tax rate | ||||||
14 | shall be 1%
of the selling price of the tangible personal | ||||||
15 | property,
as "selling price" is defined in the Use Tax Act. In | ||||||
16 | DuPage, Kane, Lake,
McHenry and Will counties the tax rate | ||||||
17 | shall be 0.75%
of the selling price of
the tangible personal | ||||||
18 | property, as "selling price" is defined in the
Use Tax Act. The | ||||||
19 | tax shall be collected from persons whose Illinois
address for | ||||||
20 | titling or registration purposes is given as being in the
| ||||||
21 | metropolitan region. The tax shall be collected by the | ||||||
22 | Department of
Revenue for the Regional Transportation | ||||||
23 | Authority. The tax must be paid
to the State, or an exemption | ||||||
24 | determination must be obtained from the
Department of Revenue, | ||||||
25 | before the title or certificate of registration for
the | ||||||
26 | property may be issued. The tax or proof of exemption may be
|
| |||||||
| |||||||
1 | transmitted to the Department by way of the State agency with | ||||||
2 | which, or the
State officer with whom, the tangible personal | ||||||
3 | property must be titled or
registered if the Department and the | ||||||
4 | State agency or State officer
determine that this procedure | ||||||
5 | will expedite the processing of applications
for title or | ||||||
6 | registration.
| ||||||
7 | The Department shall have full power to administer and | ||||||
8 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
9 | interest due hereunder;
to dispose of taxes, penalties and | ||||||
10 | interest collected in the manner
hereinafter provided; and to | ||||||
11 | determine all rights to credit memoranda or
refunds arising on | ||||||
12 | account of the erroneous payment of tax, penalty or
interest | ||||||
13 | hereunder. In the administration of and compliance with this
| ||||||
14 | paragraph, the Department and persons who are subject to this | ||||||
15 | paragraph
shall have the same rights, remedies, privileges, | ||||||
16 | immunities, powers and
duties, and be subject to the same | ||||||
17 | conditions, restrictions,
limitations, penalties, exclusions, | ||||||
18 | exemptions and definitions of terms
and employ the same modes | ||||||
19 | of procedure, as are prescribed in Sections 2
(except the | ||||||
20 | definition of "retailer maintaining a place of business in this
| ||||||
21 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
22 | State rate
of tax, and except provisions concerning collection | ||||||
23 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | ||||||
24 | 19 (except the portions pertaining
to claims by retailers and | ||||||
25 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
26 | the Use Tax Act, and are not inconsistent with this
paragraph, |
| |||||||
| |||||||
1 | as fully as if those provisions were set forth herein.
| ||||||
2 | Whenever the Department determines that a refund should be | ||||||
3 | made under
this paragraph to a claimant instead of issuing a | ||||||
4 | credit memorandum, the
Department shall notify the State | ||||||
5 | Comptroller, who shall cause the order
to be drawn for the | ||||||
6 | amount specified, and to the person named in the
notification | ||||||
7 | from the Department. The refund shall be paid by the State
| ||||||
8 | Treasurer out of the Regional Transportation Authority tax fund
| ||||||
9 | established under paragraph (n) of this Section.
| ||||||
10 | (h) The Authority may impose a replacement vehicle tax of | ||||||
11 | $50 on any
passenger car as defined in Section 1-157 of the | ||||||
12 | Illinois Vehicle Code
purchased within the metropolitan region | ||||||
13 | by or on behalf of an
insurance company to replace a passenger | ||||||
14 | car of
an insured person in settlement of a total loss claim. | ||||||
15 | The tax imposed
may not become effective before the first day | ||||||
16 | of the month following the
passage of the ordinance imposing | ||||||
17 | the tax and receipt of a certified copy
of the ordinance by the | ||||||
18 | Department of Revenue. The Department of Revenue
shall collect | ||||||
19 | the tax for the Authority in accordance with Sections 3-2002
| ||||||
20 | and 3-2003 of the Illinois Vehicle Code.
| ||||||
21 | The Department shall immediately pay over to the State | ||||||
22 | Treasurer,
ex officio, as trustee, all taxes collected | ||||||
23 | hereunder. | ||||||
24 | As soon as possible after the first day of each month, | ||||||
25 | beginning January 1, 2011, upon certification of the Department | ||||||
26 | of Revenue, the Comptroller shall order transferred, and the |
| |||||||
| |||||||
1 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
2 | local sales tax increment, as defined in the Innovation | ||||||
3 | Development and Economy Act, collected under this Section | ||||||
4 | during the second preceding calendar month for sales within a | ||||||
5 | STAR bond district. | ||||||
6 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
7 | on
or before the 25th day of each calendar month, the | ||||||
8 | Department shall
prepare and certify to the Comptroller the | ||||||
9 | disbursement of stated sums
of money to the Authority. The | ||||||
10 | amount to be paid to the Authority shall be
the amount | ||||||
11 | collected hereunder during the second preceding calendar month
| ||||||
12 | by the Department, less any amount determined by the Department | ||||||
13 | to be
necessary for the payment of refunds, and less any | ||||||
14 | amounts that are transferred to the STAR Bonds Revenue Fund. | ||||||
15 | Within 10 days after receipt by the
Comptroller of the | ||||||
16 | disbursement certification to the Authority provided
for in | ||||||
17 | this Section to be given to the Comptroller by the Department, | ||||||
18 | the
Comptroller shall cause the orders to be drawn for that | ||||||
19 | amount in
accordance with the directions contained in the | ||||||
20 | certification.
| ||||||
21 | (i) The Board may not impose any other taxes except as it | ||||||
22 | may from
time to time be authorized by law to impose.
| ||||||
23 | (j) A certificate of registration issued by the State | ||||||
24 | Department of
Revenue to a retailer under the Retailers' | ||||||
25 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
26 | shall permit the registrant to engage in a
business that is |
| |||||||
| |||||||
1 | taxed under the tax imposed under paragraphs
(b), (e), (f) or | ||||||
2 | (g) of this Section and no additional registration
shall be | ||||||
3 | required under the tax. A certificate issued under the
Use Tax | ||||||
4 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
5 | to
any tax imposed under paragraph (c) of this Section.
| ||||||
6 | (k) The provisions of any tax imposed under paragraph (c) | ||||||
7 | of
this Section shall conform as closely as may be practicable | ||||||
8 | to the
provisions of the Use Tax Act, including
without | ||||||
9 | limitation conformity as to penalties with respect to the tax
| ||||||
10 | imposed and as to the powers of the State Department of Revenue | ||||||
11 | to
promulgate and enforce rules and regulations relating to the
| ||||||
12 | administration and enforcement of the provisions of the tax | ||||||
13 | imposed.
The taxes shall be imposed only on use within the | ||||||
14 | metropolitan region
and at rates as provided in the paragraph.
| ||||||
15 | (l) The Board in imposing any tax as provided in paragraphs | ||||||
16 | (b)
and (c) of this Section, shall, after seeking the advice of | ||||||
17 | the State
Department of Revenue, provide means for retailers, | ||||||
18 | users or purchasers
of motor fuel for purposes other than those | ||||||
19 | with regard to which the
taxes may be imposed as provided in | ||||||
20 | those paragraphs to receive refunds
of taxes improperly paid, | ||||||
21 | which provisions may be at variance with the
refund provisions | ||||||
22 | as applicable under the Municipal Retailers
Occupation Tax Act. | ||||||
23 | The State Department of Revenue may provide for
certificates of | ||||||
24 | registration for users or purchasers of motor fuel for purposes
| ||||||
25 | other than those with regard to which taxes may be imposed as | ||||||
26 | provided in
paragraphs (b) and (c) of this Section to |
| |||||||
| |||||||
1 | facilitate the reporting and
nontaxability of the exempt sales | ||||||
2 | or uses.
| ||||||
3 | (m) Any ordinance imposing or discontinuing any tax under | ||||||
4 | this Section shall
be adopted and a certified copy thereof | ||||||
5 | filed with the Department on or before
June 1, whereupon the | ||||||
6 | Department of Revenue shall proceed to administer and
enforce | ||||||
7 | this Section on behalf of the Regional Transportation Authority | ||||||
8 | as of
September 1 next following such adoption and filing.
| ||||||
9 | Beginning January 1, 1992, an ordinance or resolution imposing | ||||||
10 | or
discontinuing the tax hereunder shall be adopted and a | ||||||
11 | certified copy
thereof filed with the Department on or before | ||||||
12 | the first day of July,
whereupon the Department shall proceed | ||||||
13 | to administer and enforce this
Section as of the first day of | ||||||
14 | October next following such adoption and
filing. Beginning | ||||||
15 | January 1, 1993, an ordinance or resolution imposing, | ||||||
16 | increasing, decreasing, or
discontinuing the tax hereunder | ||||||
17 | shall be adopted and a certified copy
thereof filed with the | ||||||
18 | Department,
whereupon the Department shall proceed to | ||||||
19 | administer and enforce this
Section as of the first day of the | ||||||
20 | first month to occur not less than 60 days
following such | ||||||
21 | adoption and filing. Any ordinance or resolution of the | ||||||
22 | Authority imposing a tax under this Section and in effect on | ||||||
23 | August 1, 2007 shall remain in full force and effect and shall | ||||||
24 | be administered by the Department of Revenue under the terms | ||||||
25 | and conditions and rates of tax established by such ordinance | ||||||
26 | or resolution until the Department begins administering and |
| |||||||
| |||||||
1 | enforcing an increased tax under this Section as authorized by | ||||||
2 | Public Act 95-708. The tax rates authorized by Public Act | ||||||
3 | 95-708 are effective only if imposed by ordinance of the | ||||||
4 | Authority.
| ||||||
5 | (n) The State Department of Revenue shall, upon collecting | ||||||
6 | any taxes
as provided in this Section, pay the taxes over to | ||||||
7 | the State Treasurer
as trustee for the Authority. The taxes | ||||||
8 | shall be held in a trust fund
outside the State Treasury. On or | ||||||
9 | before the 25th day of each calendar
month, the State | ||||||
10 | Department of Revenue shall prepare and certify to the
| ||||||
11 | Comptroller of the State of Illinois and
to the Authority (i) | ||||||
12 | the
amount of taxes collected in each County other than Cook | ||||||
13 | County in the
metropolitan region, (ii)
the amount of taxes | ||||||
14 | collected within the City
of Chicago,
and (iii) the amount | ||||||
15 | collected in that portion
of Cook County outside of Chicago, | ||||||
16 | each amount less the amount necessary for the payment
of | ||||||
17 | refunds to taxpayers located in those areas described in items | ||||||
18 | (i), (ii), and (iii) , and less 2% of the remainder, which shall | ||||||
19 | be transferred from the trust fund into the Tax Compliance and | ||||||
20 | Administration Fund. The Department, at the time of each | ||||||
21 | monthly disbursement to the Authority, shall prepare and | ||||||
22 | certify to the State Comptroller the amount to be transferred | ||||||
23 | into the Tax Compliance and Administration Fund under this | ||||||
24 | subsection .
Within 10 days after receipt by the Comptroller of | ||||||
25 | the certification of
the amounts, the Comptroller shall cause | ||||||
26 | an
order to be drawn for the transfer of the amount certified |
| |||||||
| |||||||
1 | into the Tax Compliance and Administration Fund and the payment | ||||||
2 | of two-thirds of the amounts certified in item (i) of this | ||||||
3 | subsection to the Authority and one-third of the amounts | ||||||
4 | certified in item (i) of this subsection to the respective | ||||||
5 | counties other than Cook County and the amount certified in | ||||||
6 | items (ii) and (iii) of this subsection to the Authority.
| ||||||
7 | In addition to the disbursement required by the preceding | ||||||
8 | paragraph, an
allocation shall be made in July 1991 and each | ||||||
9 | year thereafter to the
Regional Transportation Authority. The | ||||||
10 | allocation shall be made in an
amount equal to the average | ||||||
11 | monthly distribution during the preceding
calendar year | ||||||
12 | (excluding the 2 months of lowest receipts) and the
allocation | ||||||
13 | shall include the amount of average monthly distribution from
| ||||||
14 | the Regional Transportation Authority Occupation and Use Tax | ||||||
15 | Replacement
Fund. The distribution made in July 1992 and each | ||||||
16 | year thereafter under
this paragraph and the preceding | ||||||
17 | paragraph shall be reduced by the amount
allocated and | ||||||
18 | disbursed under this paragraph in the preceding calendar
year. | ||||||
19 | The Department of Revenue shall prepare and certify to the
| ||||||
20 | Comptroller for disbursement the allocations made in | ||||||
21 | accordance with this
paragraph.
| ||||||
22 | (o) Failure to adopt a budget ordinance or otherwise to | ||||||
23 | comply with
Section 4.01 of this Act or to adopt a Five-year | ||||||
24 | Capital Program or otherwise to
comply with paragraph (b) of | ||||||
25 | Section 2.01 of this Act shall not affect
the validity of any | ||||||
26 | tax imposed by the Authority otherwise in conformity
with law.
|
| |||||||
| |||||||
1 | (p) At no time shall a public transportation tax or motor | ||||||
2 | vehicle
parking tax authorized under paragraphs (b), (c) and | ||||||
3 | (d) of this Section
be in effect at the same time as any | ||||||
4 | retailers' occupation, use or
service occupation tax | ||||||
5 | authorized under paragraphs (e), (f) and (g) of
this Section is | ||||||
6 | in effect.
| ||||||
7 | Any taxes imposed under the authority provided in | ||||||
8 | paragraphs (b), (c)
and (d) shall remain in effect only until | ||||||
9 | the time as any tax
authorized by paragraphs (e), (f) or (g) of | ||||||
10 | this Section are imposed and
becomes effective. Once any tax | ||||||
11 | authorized by paragraphs (e), (f) or (g)
is imposed the Board | ||||||
12 | may not reimpose taxes as authorized in paragraphs
(b), (c) and | ||||||
13 | (d) of the Section unless any tax authorized by
paragraphs (e), | ||||||
14 | (f) or (g) of this Section becomes ineffective by means
other | ||||||
15 | than an ordinance of the Board.
| ||||||
16 | (q) Any existing rights, remedies and obligations | ||||||
17 | (including
enforcement by the Regional Transportation | ||||||
18 | Authority) arising under any
tax imposed under paragraphs (b), | ||||||
19 | (c) or (d) of this Section shall not
be affected by the | ||||||
20 | imposition of a tax under paragraphs (e), (f) or (g)
of this | ||||||
21 | Section.
| ||||||
22 | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15; | ||||||
23 | 99-217, eff. 7-31-15; 99-642, eff. 7-28-16.)
| ||||||
24 | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| ||||||
25 | Sec. 4.09. Public Transportation Fund and the Regional |
| |||||||
| |||||||
1 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
2 | Fund.
| ||||||
3 | (a)(1) Except as provided below in paragraph (4), as
As | ||||||
4 | soon as possible after
the first day of each month, beginning | ||||||
5 | July 1, 1984, upon certification of
the Department of Revenue, | ||||||
6 | the Comptroller shall order transferred and the
Treasurer shall | ||||||
7 | transfer from the General Revenue Fund to a special fund in the | ||||||
8 | State Treasury to be known as the Public
Transportation Fund an | ||||||
9 | amount equal to 25% of the net revenue, before the
deduction of | ||||||
10 | the serviceman and retailer discounts pursuant to Section 9 of
| ||||||
11 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
12 | Occupation
Tax Act, realized from
any tax imposed by the | ||||||
13 | Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the | ||||||
14 | amounts deposited into the Regional
Transportation Authority | ||||||
15 | tax fund created by Section 4.03 of this Act, from
the County | ||||||
16 | and Mass Transit District Fund as provided in Section 6z-20 of
| ||||||
17 | the State Finance Act and 25% of the amounts deposited into the | ||||||
18 | Regional
Transportation Authority Occupation and Use Tax | ||||||
19 | Replacement Fund from the
State and Local Sales Tax Reform Fund | ||||||
20 | as provided in Section 6z-17 of the
State Finance Act.
On the | ||||||
21 | first day of the month following the date that the Department | ||||||
22 | receives revenues from increased taxes under Section 4.03(m) as | ||||||
23 | authorized by this amendatory Act of the 95th General Assembly, | ||||||
24 | in lieu of the transfers authorized in the preceding sentence, | ||||||
25 | upon certification of the Department of Revenue, the | ||||||
26 | Comptroller shall order transferred and the Treasurer shall |
| |||||||
| |||||||
1 | transfer from the General Revenue Fund to the Public | ||||||
2 | Transportation Fund an amount equal to 25% of the net revenue, | ||||||
3 | before the deduction of the serviceman and retailer discounts | ||||||
4 | pursuant to Section 9 of the Service Occupation Tax Act and | ||||||
5 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
6 | (i) 80% of the proceeds of any tax imposed by the Authority at | ||||||
7 | a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any | ||||||
8 | tax imposed by the Authority at the rate of 1% in Cook County, | ||||||
9 | and (iii) one-third of the proceeds of any tax imposed by the | ||||||
10 | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | ||||||
11 | Lake, McHenry, and Will, all pursuant to Section 4.03, and 25% | ||||||
12 | of the net revenue realized from any tax imposed by the | ||||||
13 | Authority pursuant to Section 4.03.1, and 25% of the amounts | ||||||
14 | deposited into the Regional Transportation Authority tax fund | ||||||
15 | created by Section 4.03 of this Act from the County and Mass | ||||||
16 | Transit District Fund as provided in Section 6z-20 of the State | ||||||
17 | Finance Act, and 25% of the amounts deposited into the Regional | ||||||
18 | Transportation Authority Occupation and Use Tax Replacement | ||||||
19 | Fund from the State and Local Sales Tax Reform Fund as provided | ||||||
20 | in Section 6z-17 of the State Finance Act. As used in this | ||||||
21 | Section, net revenue realized for a month shall be the revenue
| ||||||
22 | collected by the State pursuant to Sections 4.03 and 4.03.1 | ||||||
23 | during the
previous month from within the metropolitan region, | ||||||
24 | less the amount paid
out during that same month as refunds to | ||||||
25 | taxpayers for overpayment of
liability in the metropolitan | ||||||
26 | region under Sections 4.03 and 4.03.1.
|
| |||||||
| |||||||
1 | (2) Except as provided below in paragraph (4), on On the | ||||||
2 | first day of the month following the effective date of this | ||||||
3 | amendatory Act of the 95th General Assembly and each month | ||||||
4 | thereafter, upon certification by the Department of Revenue, | ||||||
5 | the Comptroller shall order transferred and the Treasurer shall | ||||||
6 | transfer from the General Revenue Fund to the Public | ||||||
7 | Transportation Fund an amount equal to 5% (2.5% beginning July | ||||||
8 | 1, 2017) of the net revenue, before the deduction of the | ||||||
9 | serviceman and retailer discounts pursuant to Section 9 of the | ||||||
10 | Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
11 | Occupation Tax Act, realized from any tax imposed by the | ||||||
12 | Authority pursuant to Sections 4.03 and 4.03.1 and certified by | ||||||
13 | the Department of Revenue under Section 4.03(n) of this Act to | ||||||
14 | be paid to the Authority and 5% (2.5% beginning July 1, 2017) | ||||||
15 | of the amounts deposited into the Regional Transportation | ||||||
16 | Authority tax fund created by Section 4.03 of this Act from the | ||||||
17 | County and Mass Transit District Fund as provided in Section | ||||||
18 | 6z-20 of the State Finance Act, and 5% (2.5% beginning July 1, | ||||||
19 | 2017) of the amounts deposited into the Regional Transportation | ||||||
20 | Authority Occupation and Use Tax Replacement Fund from the | ||||||
21 | State and Local Sales Tax Reform Fund as provided in Section | ||||||
22 | 6z-17 of the State Finance Act, and 5% (2.5% beginning July 1, | ||||||
23 | 2017) of the revenue realized by the Chicago Transit Authority | ||||||
24 | as financial assistance from the City of Chicago from the | ||||||
25 | proceeds of any tax imposed by the City of Chicago under | ||||||
26 | Section 8-3-19 of the Illinois Municipal Code.
|
| |||||||
| |||||||
1 | (3) Except as provided below in paragraph (4), as As soon | ||||||
2 | as possible after the first day of January, 2009 and each month | ||||||
3 | thereafter, upon certification of the Department of Revenue | ||||||
4 | with respect to the taxes collected under Section 4.03, the | ||||||
5 | Comptroller shall order transferred and the Treasurer shall | ||||||
6 | transfer from the General Revenue Fund to the Public | ||||||
7 | Transportation Fund an amount equal to 25% of the net revenue, | ||||||
8 | before the deduction of the serviceman and retailer discounts | ||||||
9 | pursuant to Section 9 of the Service Occupation Tax Act and | ||||||
10 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
11 | (i) 20% of the proceeds of any tax imposed by the Authority at | ||||||
12 | a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any | ||||||
13 | tax imposed by the Authority at the rate of 1% in Cook County, | ||||||
14 | and (iii) one-third of the proceeds of any tax imposed by the | ||||||
15 | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | ||||||
16 | Lake, McHenry, and Will, all pursuant to Section 4.03, and the | ||||||
17 | Comptroller shall order transferred and the Treasurer shall | ||||||
18 | transfer from the General Revenue Fund to the Public | ||||||
19 | Transportation Fund (iv) an amount equal to 25% of the revenue | ||||||
20 | realized by the Chicago Transit Authority as financial | ||||||
21 | assistance from the City of Chicago from the proceeds of any | ||||||
22 | tax imposed by the City of Chicago under Section 8-3-19 of the | ||||||
23 | Illinois Municipal Code.
| ||||||
24 | (4) Beginning July 1, 2017, with respect to the total sums | ||||||
25 | of funds to be certified by the Department under paragraphs | ||||||
26 | (1), (2), and (3), upon certification of the Department of |
| |||||||
| |||||||
1 | Revenue, the Comptroller shall order transferred, and the | ||||||
2 | Treasurer shall transfer the initial $100,000,000 each State | ||||||
3 | fiscal year from the Road Fund, not from the General Revenue | ||||||
4 | Fund. Any amounts after the initial $100,000,000 in each State | ||||||
5 | fiscal year shall be certified by the Department, ordered | ||||||
6 | transferred by the Comptroller, and transferred by the | ||||||
7 | Treasurer from the General Revenue Fund as provided in | ||||||
8 | paragraphs (1), (2), and (3).
| ||||||
9 | (b)(1) All moneys deposited in the Public Transportation | ||||||
10 | Fund and the
Regional Transportation Authority Occupation and | ||||||
11 | Use Tax Replacement Fund,
whether deposited pursuant to this | ||||||
12 | Section or otherwise, are allocated to
the Authority. The | ||||||
13 | Comptroller, as soon as
possible after each monthly transfer | ||||||
14 | provided in this Section and after
each deposit into the Public | ||||||
15 | Transportation Fund, shall order the Treasurer
to pay to the | ||||||
16 | Authority out of the Public Transportation Fund the amount so
| ||||||
17 | transferred or deposited. Any Additional State Assistance and | ||||||
18 | Additional Financial Assistance paid to the Authority under | ||||||
19 | this Section shall be expended by the Authority for its | ||||||
20 | purposes as provided in this Act. The balance of the amounts | ||||||
21 | paid to the Authority from the Public Transportation Fund shall | ||||||
22 | be expended by the Authority as provided in Section 4.03.3. The
| ||||||
23 | Comptroller,
as soon as possible after each deposit into the | ||||||
24 | Regional Transportation
Authority Occupation and Use Tax | ||||||
25 | Replacement Fund provided in this Section
and Section 6z-17 of | ||||||
26 | the State Finance Act, shall order the Treasurer
to pay to the |
| |||||||
| |||||||
1 | Authority out of the Regional Transportation Authority
| ||||||
2 | Occupation and Use Tax Replacement Fund the amount so | ||||||
3 | deposited. Such
amounts paid to the Authority may be expended | ||||||
4 | by it for its purposes as
provided in this Act. The provisions | ||||||
5 | directing the distributions from the Public Transportation | ||||||
6 | Fund and the Regional Transportation Authority Occupation and | ||||||
7 | Use Tax Replacement Fund provided for in this Section shall | ||||||
8 | constitute an irrevocable and continuing appropriation of all | ||||||
9 | amounts as provided herein. The State Treasurer and State | ||||||
10 | Comptroller are hereby authorized and directed to make | ||||||
11 | distributions as provided in this Section. (2) Provided, | ||||||
12 | however, no moneys deposited under subsection (a)
of this | ||||||
13 | Section shall be paid from the Public Transportation
Fund to | ||||||
14 | the Authority or its assignee for any fiscal year until the | ||||||
15 | Authority has certified to
the Governor, the Comptroller, and | ||||||
16 | the Mayor of the City of Chicago that it
has adopted for that | ||||||
17 | fiscal year an Annual Budget and Two-Year Financial Plan
| ||||||
18 | meeting the
requirements in Section 4.01(b).
| ||||||
19 | (c) In recognition of the efforts of the Authority to | ||||||
20 | enhance the mass
transportation facilities under its control, | ||||||
21 | the State shall provide
financial assistance ("Additional | ||||||
22 | State Assistance") in excess of the
amounts transferred to the | ||||||
23 | Authority from the General Revenue Fund under
subsection (a) of | ||||||
24 | this Section. Additional State Assistance shall be
calculated | ||||||
25 | as provided in
subsection (d), but shall in no event exceed the | ||||||
26 | following
specified amounts with respect to the following State |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
12 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||||||||||||||
13 | ("Additional Financial
Assistance") in addition to the | |||||||||||||||||||||||||||||||||||||||||
14 | Additional State Assistance provided by
subsection (c) and the | |||||||||||||||||||||||||||||||||||||||||
15 | amounts transferred to the Authority from the General
Revenue | |||||||||||||||||||||||||||||||||||||||||
16 | Fund under subsection (a) of this Section. Additional Financial
| |||||||||||||||||||||||||||||||||||||||||
17 | Assistance provided by this subsection shall be calculated as | |||||||||||||||||||||||||||||||||||||||||
18 | provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
19 | following specified amounts
with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
20 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
|
| |||||||
| |||||||
| |||||||
2 | (d) Beginning with State fiscal year 1990 and continuing | ||||||
3 | for each
State fiscal year thereafter, the Authority shall | ||||||
4 | annually certify to the
State Comptroller and State Treasurer, | ||||||
5 | separately with respect to each of
subdivisions (g)(2) and | ||||||
6 | (g)(3) of Section 4.04 of this Act, the following
amounts:
| ||||||
7 | (1) The amount necessary and required, during the State | ||||||
8 | fiscal year with
respect to which the certification is | ||||||
9 | made, to pay its obligations for debt
service on all | ||||||
10 | outstanding bonds or notes issued by the Authority under | ||||||
11 | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this Act.
| ||||||
12 | (2) An estimate of the amount necessary and required to | ||||||
13 | pay its
obligations for debt service for any bonds or notes | ||||||
14 | which the Authority anticipates it
will issue under | ||||||
15 | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | ||||||
16 | State fiscal year.
| ||||||
17 | (3) Its debt service savings during the preceding State | ||||||
18 | fiscal year
from refunding or advance refunding of bonds or | ||||||
19 | notes issued under subdivisions
(g)(2) and (g)(3) of | ||||||
20 | Section 4.04.
| ||||||
21 | (4) The amount of interest, if any, earned by the | ||||||
22 | Authority during the
previous State fiscal year on the | ||||||
23 | proceeds of bonds or notes issued pursuant to
subdivisions | ||||||
24 | (g)(2) and (g)(3) of Section 4.04, other than refunding or | ||||||
25 | advance
refunding bonds or notes.
| ||||||
26 | The certification shall include a specific
schedule of debt |
| |||||||
| |||||||
1 | service payments, including the date and amount of each
payment | ||||||
2 | for all outstanding bonds or notes and an estimated schedule of
| ||||||
3 | anticipated debt service for all bonds and notes it intends to | ||||||
4 | issue, if any,
during that State fiscal year, including the | ||||||
5 | estimated date and estimated
amount of each payment.
| ||||||
6 | Immediately upon the issuance of bonds for which an | ||||||
7 | estimated schedule
of debt service payments was prepared, the | ||||||
8 | Authority shall file an amended
certification with respect to | ||||||
9 | item (2) above, to specify the actual
schedule of debt service | ||||||
10 | payments, including the date and amount of each
payment, for | ||||||
11 | the remainder of the State fiscal year.
| ||||||
12 | On the first day of each month of the
State fiscal year in | ||||||
13 | which there are bonds outstanding with respect to which
the | ||||||
14 | certification is made, the State Comptroller shall order | ||||||
15 | transferred and
the State Treasurer shall transfer from the | ||||||
16 | Road General Revenue Fund to the
Public Transportation Fund the | ||||||
17 | Additional State Assistance and Additional
Financial | ||||||
18 | Assistance in an amount equal to the aggregate of
(i) | ||||||
19 | one-twelfth of the sum of the amounts certified under items
(1) | ||||||
20 | and (3) above less the amount certified under item (4) above, | ||||||
21 | plus
(ii)
the amount required to pay debt service on bonds and | ||||||
22 | notes
issued during the fiscal year, if any, divided by the | ||||||
23 | number of months
remaining in the fiscal year after the date of | ||||||
24 | issuance, or some smaller
portion as may be necessary under | ||||||
25 | subsection (c)
or (c-5) of this Section for the relevant State | ||||||
26 | fiscal year, plus
(iii) any cumulative deficiencies in |
| |||||||
| |||||||
1 | transfers for prior months,
until an amount equal to the
sum of | ||||||
2 | the amounts certified under items (1) and (3) above,
plus the | ||||||
3 | actual debt service certified under item (2) above,
less the | ||||||
4 | amount certified under item (4) above,
has been transferred; | ||||||
5 | except that these transfers are subject to the
following | ||||||
6 | limits:
| ||||||
7 | (A) In no event shall the total transfers in any State | ||||||
8 | fiscal
year relating to outstanding bonds and notes issued | ||||||
9 | by the Authority under
subdivision (g)(2) of Section 4.04 | ||||||
10 | exceed the lesser of the annual maximum
amount specified in | ||||||
11 | subsection (c) or the sum of the amounts
certified under | ||||||
12 | items (1) and (3) above,
plus the actual debt service | ||||||
13 | certified under item (2) above,
less the amount certified | ||||||
14 | under item
(4) above, with respect to those bonds and | ||||||
15 | notes.
| ||||||
16 | (B) In no event shall the total transfers in any State | ||||||
17 | fiscal year
relating to outstanding bonds and notes issued | ||||||
18 | by the Authority under
subdivision (g)(3) of Section 4.04 | ||||||
19 | exceed the lesser of the annual maximum
amount specified in | ||||||
20 | subsection (c-5) or the sum of the amounts certified under
| ||||||
21 | items (1) and (3) above,
plus the actual debt service | ||||||
22 | certified under item (2) above,
less the amount certified | ||||||
23 | under item (4) above, with
respect to those bonds and | ||||||
24 | notes.
| ||||||
25 | The term "outstanding" does not include bonds or notes for | ||||||
26 | which
refunding or advance refunding bonds or notes have been |
| |||||||
| |||||||
1 | issued.
| ||||||
2 | (e) Neither Additional State Assistance nor Additional | ||||||
3 | Financial
Assistance may be pledged, either directly or
| ||||||
4 | indirectly as general revenues of the Authority, as security | ||||||
5 | for any bonds
issued by the Authority. The Authority may not | ||||||
6 | assign its right to receive
Additional State Assistance or | ||||||
7 | Additional Financial Assistance, or direct
payment of | ||||||
8 | Additional State
Assistance or Additional Financial | ||||||
9 | Assistance, to a trustee or any other
entity for the
payment of | ||||||
10 | debt service
on its bonds.
| ||||||
11 | (f) The certification required under subsection (d) with | ||||||
12 | respect to
outstanding bonds and notes of the Authority shall | ||||||
13 | be
filed as early as practicable before the beginning of the | ||||||
14 | State fiscal
year to which it relates. The certification shall | ||||||
15 | be revised as may be
necessary to accurately state the debt | ||||||
16 | service requirements of the Authority.
| ||||||
17 | (g) Within 6 months of the end of each fiscal year, the | ||||||
18 | Authority shall determine: | ||||||
19 | (i) whether
the aggregate of all system generated | ||||||
20 | revenues for public transportation
in the metropolitan | ||||||
21 | region which is provided by, or under grant or purchase
of | ||||||
22 | service contracts with, the Service Boards equals 50% of | ||||||
23 | the aggregate
of all costs of providing such public | ||||||
24 | transportation. "System generated
revenues" include all | ||||||
25 | the proceeds of fares and charges for services provided,
| ||||||
26 | contributions received in connection with public |
| |||||||
| |||||||
1 | transportation from units
of local government other than | ||||||
2 | the Authority, except for contributions received by the | ||||||
3 | Chicago Transit Authority from a real estate transfer tax | ||||||
4 | imposed under subsection (i) of Section 8-3-19 of the | ||||||
5 | Illinois Municipal Code, and from the State pursuant
to | ||||||
6 | subsection (i) of Section 2705-305 of the Department of | ||||||
7 | Transportation Law
(20 ILCS 2705/2705-305), and all other | ||||||
8 | revenues properly included consistent
with generally | ||||||
9 | accepted accounting principles but may not include: the | ||||||
10 | proceeds
from any borrowing, and, beginning with the 2007 | ||||||
11 | fiscal year, all revenues and receipts, including but not | ||||||
12 | limited to fares and grants received from the federal, | ||||||
13 | State or any unit of local government or other entity, | ||||||
14 | derived from providing ADA paratransit service pursuant to | ||||||
15 | Section 2.30 of the Regional Transportation Authority Act. | ||||||
16 | "Costs" include all items properly included as
operating | ||||||
17 | costs consistent with generally accepted accounting | ||||||
18 | principles,
including administrative costs, but do not | ||||||
19 | include: depreciation; payment
of principal and interest | ||||||
20 | on bonds, notes or other evidences of obligations
for | ||||||
21 | borrowed money of the Authority; payments with respect to | ||||||
22 | public
transportation facilities made pursuant to | ||||||
23 | subsection (b) of Section 2.20;
any payments with respect | ||||||
24 | to rate protection contracts, credit
enhancements or | ||||||
25 | liquidity agreements made under Section 4.14; any other
| ||||||
26 | cost as to which it is reasonably expected that a cash
|
| |||||||
| |||||||
1 | expenditure will not be made; costs for passenger
security | ||||||
2 | including grants, contracts, personnel, equipment and
| ||||||
3 | administrative expenses, except in the case of the Chicago | ||||||
4 | Transit
Authority, in which case the term does not include | ||||||
5 | costs spent annually by
that entity for protection against | ||||||
6 | crime as required by Section 27a of the
Metropolitan | ||||||
7 | Transit Authority Act; the costs of Debt Service paid by | ||||||
8 | the Chicago Transit Authority, as defined in Section 12c of | ||||||
9 | the Metropolitan Transit Authority Act, or bonds or notes | ||||||
10 | issued pursuant to that Section; the payment by the | ||||||
11 | Commuter Rail Division of debt service on bonds issued | ||||||
12 | pursuant to Section 3B.09; expenses incurred by the | ||||||
13 | Suburban Bus Division for the cost of new public | ||||||
14 | transportation services funded from grants pursuant to | ||||||
15 | Section 2.01e of this amendatory Act of the 95th General | ||||||
16 | Assembly for a period of 2 years from the date of | ||||||
17 | initiation of each such service; costs as exempted by the | ||||||
18 | Board for
projects pursuant to Section 2.09 of this Act; | ||||||
19 | or, beginning with the 2007 fiscal year, expenses related | ||||||
20 | to providing ADA paratransit service pursuant to Section | ||||||
21 | 2.30 of the Regional Transportation Authority Act; or in | ||||||
22 | fiscal years 2008 through 2012 inclusive, costs in the | ||||||
23 | amount of $200,000,000 in fiscal year 2008, reducing by | ||||||
24 | $40,000,000 in each fiscal year thereafter until this | ||||||
25 | exemption is eliminated. If said system generated
revenues | ||||||
26 | are less than 50% of said costs, the Board shall remit an |
| |||||||
| |||||||
1 | amount
equal to the amount of the deficit to the State. The | ||||||
2 | Treasurer shall
deposit any such payment in the Road | ||||||
3 | General Revenue Fund; and
| ||||||
4 | (ii) whether, beginning with the 2007 fiscal year, the | ||||||
5 | aggregate of all fares charged and received for ADA | ||||||
6 | paratransit services equals the system generated ADA | ||||||
7 | paratransit services revenue recovery ratio percentage of | ||||||
8 | the aggregate of all costs of providing such ADA | ||||||
9 | paratransit services.
| ||||||
10 | (h) If the Authority makes any payment to the State under | ||||||
11 | paragraph (g),
the Authority shall reduce the amount provided | ||||||
12 | to a Service Board from funds
transferred under paragraph (a) | ||||||
13 | in proportion to the amount by which
that Service Board failed | ||||||
14 | to meet its required system generated revenues
recovery ratio. | ||||||
15 | A Service Board which is affected by a reduction in funds
under | ||||||
16 | this paragraph shall submit to the Authority concurrently with | ||||||
17 | its
next due quarterly report a revised budget incorporating | ||||||
18 | the reduction in
funds. The revised budget must meet the | ||||||
19 | criteria specified in clauses (i)
through (vi) of Section | ||||||
20 | 4.11(b)(2). The Board shall review and act on the
revised | ||||||
21 | budget as provided in Section 4.11(b)(3).
| ||||||
22 | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08; | ||||||
23 | 95-906, eff. 8-26-08.)
| ||||||
24 | Section 50-45. The Water Commission Act of 1985 is amended | ||||||
25 | by changing Section 4 as follows:
|
| |||||||
| |||||||
1 | (70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)
| ||||||
2 | Sec. 4. Taxes. | ||||||
3 | (a) The board of commissioners of any county water | ||||||
4 | commission
may, by ordinance, impose throughout the territory | ||||||
5 | of the commission any or
all of the taxes provided in this | ||||||
6 | Section for its corporate purposes.
However, no county water | ||||||
7 | commission may impose any such tax unless the
commission | ||||||
8 | certifies the proposition of imposing the tax to the proper
| ||||||
9 | election officials, who shall submit the proposition to the | ||||||
10 | voters residing
in the territory at an election in accordance | ||||||
11 | with the general election
law, and the proposition has been | ||||||
12 | approved by a majority of those voting on
the proposition.
| ||||||
13 | The proposition shall be in the form provided in Section 5 | ||||||
14 | or shall be
substantially in the following form:
| ||||||
15 | -------------------------------------------------------------
| ||||||
16 | Shall the (insert corporate
| ||||||
17 | name of county water commission) YES
| ||||||
18 | impose (state type of tax or ------------------------
| ||||||
19 | taxes to be imposed) at the NO
| ||||||
20 | rate of 1/4%?
| ||||||
21 | -------------------------------------------------------------
| ||||||
22 | Taxes imposed under this Section and civil penalties | ||||||
23 | imposed
incident thereto shall be collected and enforced by the | ||||||
24 | State Department of
Revenue. The Department shall have the | ||||||
25 | power to administer and enforce the
taxes and to determine all |
| |||||||
| |||||||
1 | rights for refunds for erroneous payments of
the taxes.
| ||||||
2 | (b) The board of commissioners may impose a County Water | ||||||
3 | Commission
Retailers' Occupation Tax upon all persons engaged | ||||||
4 | in the business of
selling tangible personal property at retail | ||||||
5 | in the territory of the
commission at a rate of 1/4% of the | ||||||
6 | gross receipts from the sales made in
the course of such | ||||||
7 | business within the territory. The tax imposed under
this | ||||||
8 | paragraph and all civil penalties that may be assessed as an | ||||||
9 | incident
thereof shall be collected and enforced by the State | ||||||
10 | Department of Revenue.
The Department shall have full power to | ||||||
11 | administer and enforce this
paragraph; to collect all taxes and | ||||||
12 | penalties due hereunder; to dispose of
taxes and penalties so | ||||||
13 | collected in the manner hereinafter provided; and to
determine | ||||||
14 | all rights to credit memoranda arising on account of the
| ||||||
15 | erroneous payment of tax or penalty hereunder. In the | ||||||
16 | administration of,
and compliance with, this paragraph, the | ||||||
17 | Department and persons who are
subject to this paragraph shall | ||||||
18 | have the same rights, remedies, privileges,
immunities, powers | ||||||
19 | and duties, and be subject to the same conditions,
| ||||||
20 | restrictions, limitations, penalties, exclusions, exemptions | ||||||
21 | and
definitions of terms, and employ the same modes of | ||||||
22 | procedure, as are
prescribed in Sections 1, 1a, 1a-1, 1c, 1d, | ||||||
23 | 1e, 1f, 1i, 1j, 2 through 2-65
(in respect to all provisions | ||||||
24 | therein other than the State rate of tax
except that food for | ||||||
25 | human consumption that is to be consumed off the
premises where | ||||||
26 | it is sold (other than alcoholic beverages, soft drinks, and
|
| |||||||
| |||||||
1 | food that has been prepared for immediate consumption) and | ||||||
2 | prescription
and nonprescription medicine, drugs, medical | ||||||
3 | appliances and insulin, urine
testing materials, syringes, and | ||||||
4 | needles used by diabetics, for human use,
shall not be subject | ||||||
5 | to tax hereunder), 2c, 3 (except as to the disposition
of taxes | ||||||
6 | and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
| ||||||
7 | 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12 and 13 of
| ||||||
8 | the Retailers' Occupation Tax Act and Section 3-7 of the | ||||||
9 | Uniform Penalty
and Interest Act, as fully as if those | ||||||
10 | provisions were set forth herein.
| ||||||
11 | Persons subject to any tax imposed under the authority | ||||||
12 | granted in this
paragraph may reimburse themselves for their | ||||||
13 | seller's tax liability
hereunder by separately stating the tax | ||||||
14 | as an additional charge, which
charge may be stated in | ||||||
15 | combination, in a single amount, with State taxes
that sellers | ||||||
16 | are required to collect under the Use Tax Act and under
| ||||||
17 | subsection (e) of Section 4.03 of the Regional Transportation | ||||||
18 | Authority
Act, in accordance with such bracket schedules as the | ||||||
19 | Department may prescribe.
| ||||||
20 | Whenever the Department determines that a refund should be | ||||||
21 | made under this
paragraph to a claimant instead of issuing a | ||||||
22 | credit memorandum, the Department
shall notify the State | ||||||
23 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
24 | amount specified, and to the person named, in the notification
| ||||||
25 | from the Department. The refund shall be paid by the State | ||||||
26 | Treasurer out
of a county water commission tax fund established |
| |||||||
| |||||||
1 | under paragraph (g) of
this Section.
| ||||||
2 | For the purpose of determining whether a tax authorized | ||||||
3 | under this paragraph
is applicable, a retail sale by a producer | ||||||
4 | of coal or other mineral mined
in Illinois is a sale at retail | ||||||
5 | at the place where the coal or other mineral
mined in Illinois | ||||||
6 | is extracted from the earth. This paragraph does not
apply to | ||||||
7 | coal or other mineral when it is delivered or shipped by the | ||||||
8 | seller
to the purchaser at a point outside Illinois so that the | ||||||
9 | sale is exempt
under the Federal Constitution as a sale in | ||||||
10 | interstate or foreign commerce.
| ||||||
11 | If a tax is imposed under this subsection (b) a tax shall | ||||||
12 | also be
imposed under subsections (c) and (d) of this Section.
| ||||||
13 | No tax shall be imposed or collected under this subsection | ||||||
14 | on the sale of a motor vehicle in this State to a resident of | ||||||
15 | another state if that motor vehicle will not be titled in this | ||||||
16 | State.
| ||||||
17 | Nothing in this paragraph shall be construed to authorize a | ||||||
18 | county water
commission to impose a tax upon the privilege of | ||||||
19 | engaging in any
business which under the Constitution of the | ||||||
20 | United States may not be made
the subject of taxation by this | ||||||
21 | State.
| ||||||
22 | (c) If a tax has been imposed under subsection (b), a
| ||||||
23 | County Water Commission Service Occupation
Tax shall
also be | ||||||
24 | imposed upon all persons engaged, in the territory of the
| ||||||
25 | commission, in the business of making sales of service, who, as | ||||||
26 | an
incident to making the sales of service, transfer tangible |
| |||||||
| |||||||
1 | personal
property within the territory. The tax rate shall be | ||||||
2 | 1/4% of the selling
price of tangible personal property so | ||||||
3 | transferred within the territory.
The tax imposed under this | ||||||
4 | paragraph and all civil penalties that may be
assessed as an | ||||||
5 | incident thereof shall be collected and enforced by the
State | ||||||
6 | Department of Revenue. The Department shall have full power to
| ||||||
7 | administer and enforce this paragraph; to collect all taxes and | ||||||
8 | penalties
due hereunder; to dispose of taxes and penalties so | ||||||
9 | collected in the manner
hereinafter provided; and to determine | ||||||
10 | all rights to credit memoranda
arising on account of the | ||||||
11 | erroneous payment of tax or penalty hereunder.
In the | ||||||
12 | administration of, and compliance with, this paragraph, the
| ||||||
13 | Department and persons who are subject to this paragraph shall | ||||||
14 | have the
same rights, remedies, privileges, immunities, powers | ||||||
15 | and duties, and be
subject to the same conditions, | ||||||
16 | restrictions, limitations, penalties,
exclusions, exemptions | ||||||
17 | and definitions of terms, and employ the same modes
of | ||||||
18 | procedure, as are prescribed in Sections 1a-1, 2 (except that | ||||||
19 | the
reference to State in the definition of supplier | ||||||
20 | maintaining a place of
business in this State shall mean the | ||||||
21 | territory of the commission), 2a, 3
through 3-50 (in respect to | ||||||
22 | all provisions therein other than the State
rate of tax except | ||||||
23 | that food for human consumption that is to be consumed
off the | ||||||
24 | premises where it is sold (other than alcoholic beverages, soft
| ||||||
25 | drinks, and food that has been prepared for immediate | ||||||
26 | consumption) and
prescription and nonprescription medicines, |
| |||||||
| |||||||
1 | drugs, medical appliances and
insulin, urine testing | ||||||
2 | materials, syringes, and needles used by diabetics,
for human | ||||||
3 | use, shall not be subject to tax hereunder), 4 (except that the
| ||||||
4 | reference to the State shall be to the territory of the | ||||||
5 | commission), 5, 7,
8 (except that the jurisdiction to which the | ||||||
6 | tax shall be a debt to the
extent indicated in that Section 8 | ||||||
7 | shall be the commission), 9 (except as
to the disposition of | ||||||
8 | taxes and penalties collected and except that the
returned | ||||||
9 | merchandise credit for this tax may not be taken against any | ||||||
10 | State
tax), 10, 11, 12 (except the reference therein to Section | ||||||
11 | 2b of the
Retailers' Occupation Tax Act), 13 (except that any | ||||||
12 | reference to the State
shall mean the territory of the | ||||||
13 | commission), the first paragraph of Section
15, 15.5, 16, 17, | ||||||
14 | 18, 19 and 20 of the Service Occupation Tax Act as fully
as if | ||||||
15 | those provisions were set forth herein.
| ||||||
16 | Persons subject to any tax imposed under the authority | ||||||
17 | granted in
this paragraph may reimburse themselves for their | ||||||
18 | serviceman's tax liability
hereunder by separately stating the | ||||||
19 | tax as an additional charge, which
charge may be stated in | ||||||
20 | combination, in a single amount, with State tax
that servicemen | ||||||
21 | are authorized to collect under the Service Use Tax Act,
and | ||||||
22 | any tax for which servicemen may be liable under subsection (f) | ||||||
23 | of Section
4.03 of the Regional Transportation Authority Act, | ||||||
24 | in accordance
with such bracket schedules as the Department may | ||||||
25 | prescribe.
| ||||||
26 | Whenever the Department determines that a refund should be |
| |||||||
| |||||||
1 | made under this
paragraph to a claimant instead of issuing a | ||||||
2 | credit memorandum, the Department
shall notify the State | ||||||
3 | Comptroller, who shall cause the warrant to be drawn
for the | ||||||
4 | amount specified, and to the person named, in the notification | ||||||
5 | from
the Department. The refund shall be paid by the State | ||||||
6 | Treasurer out of a
county water commission tax fund established | ||||||
7 | under paragraph (g) of this
Section.
| ||||||
8 | Nothing in this paragraph shall be construed to authorize a | ||||||
9 | county water
commission to impose a tax upon the privilege of | ||||||
10 | engaging in any business
which under the Constitution of the | ||||||
11 | United States may not be made the
subject of taxation by the | ||||||
12 | State.
| ||||||
13 | (d) If a tax has been imposed under subsection (b), a tax | ||||||
14 | shall
also imposed upon the privilege of using, in the | ||||||
15 | territory of the
commission, any item of tangible personal | ||||||
16 | property that is purchased
outside the territory at retail from | ||||||
17 | a retailer, and that is titled or
registered with an agency of | ||||||
18 | this State's government, at a rate of 1/4% of
the selling price | ||||||
19 | of the tangible personal property within the territory,
as | ||||||
20 | "selling price" is defined in the Use Tax Act. The tax shall be | ||||||
21 | collected
from persons whose Illinois address for titling or | ||||||
22 | registration purposes
is given as being in the territory. The | ||||||
23 | tax shall be collected by the
Department of Revenue for a | ||||||
24 | county water commission. The tax must be paid
to the State, or | ||||||
25 | an exemption determination must be obtained from the
Department | ||||||
26 | of Revenue, before the title or certificate of registration for
|
| |||||||
| |||||||
1 | the property may be issued. The tax or proof of exemption may | ||||||
2 | be
transmitted to the Department by way of the State agency | ||||||
3 | with which, or the
State officer with whom, the tangible | ||||||
4 | personal property must be titled or
registered if the | ||||||
5 | Department and the State agency or State officer
determine that | ||||||
6 | this procedure will expedite the processing of applications
for | ||||||
7 | title or registration.
| ||||||
8 | The Department shall have full power to administer and | ||||||
9 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
10 | interest due hereunder; to
dispose of taxes, penalties and | ||||||
11 | interest so collected in the manner
hereinafter provided; and | ||||||
12 | to determine all rights to credit memoranda or
refunds arising | ||||||
13 | on account of the erroneous payment of tax, penalty or
interest | ||||||
14 | hereunder. In the administration of, and compliance with this
| ||||||
15 | paragraph, the Department and persons who are subject to this | ||||||
16 | paragraph
shall have the same rights, remedies, privileges, | ||||||
17 | immunities, powers and
duties, and be subject to the same | ||||||
18 | conditions, restrictions, limitations,
penalties, exclusions, | ||||||
19 | exemptions and definitions of terms and employ the
same modes | ||||||
20 | of procedure, as are prescribed in Sections 2 (except the
| ||||||
21 | definition of "retailer maintaining a place of business in this | ||||||
22 | State"), 3
through 3-80 (except provisions pertaining to the | ||||||
23 | State rate of tax,
and except provisions concerning collection | ||||||
24 | or refunding of the tax by
retailers, and except that food for | ||||||
25 | human consumption that is to be
consumed off the premises where | ||||||
26 | it is sold (other than alcoholic beverages,
soft drinks, and |
| |||||||
| |||||||
1 | food that has been prepared for immediate consumption)
and | ||||||
2 | prescription and nonprescription medicines, drugs, medical | ||||||
3 | appliances
and insulin, urine testing materials, syringes, and | ||||||
4 | needles used by
diabetics, for human use, shall not be subject | ||||||
5 | to tax hereunder), 4, 11,
12, 12a, 14, 15, 19 (except the | ||||||
6 | portions pertaining to claims by retailers
and except the last | ||||||
7 | paragraph concerning refunds), 20, 21 and 22 of the Use
Tax Act | ||||||
8 | and Section 3-7 of the Uniform Penalty and Interest Act that | ||||||
9 | are
not inconsistent with this paragraph, as fully as if those | ||||||
10 | provisions were
set forth herein.
| ||||||
11 | Whenever the Department determines that a refund should be | ||||||
12 | made under this
paragraph to a claimant instead of issuing a | ||||||
13 | credit memorandum, the Department
shall notify the State | ||||||
14 | Comptroller, who shall cause the order
to be drawn for the | ||||||
15 | amount specified, and to the person named, in the
notification | ||||||
16 | from the Department. The refund shall be paid by the State
| ||||||
17 | Treasurer out of a county water commission tax fund established
| ||||||
18 | under paragraph (g) of this Section.
| ||||||
19 | (e) A certificate of registration issued by the State | ||||||
20 | Department of
Revenue to a retailer under the Retailers' | ||||||
21 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
22 | shall permit the registrant to engage in a
business that is | ||||||
23 | taxed under the tax imposed under paragraphs (b), (c)
or (d) of | ||||||
24 | this Section and no additional registration shall be required | ||||||
25 | under
the tax. A certificate issued under the Use Tax Act or | ||||||
26 | the Service Use Tax
Act shall be applicable with regard to any |
| |||||||
| |||||||
1 | tax imposed under paragraph (c)
of this Section.
| ||||||
2 | (f) Any ordinance imposing or discontinuing any tax under | ||||||
3 | this Section
shall be adopted and a certified copy thereof | ||||||
4 | filed with the Department on
or before June 1, whereupon the | ||||||
5 | Department of Revenue shall proceed to
administer and enforce | ||||||
6 | this Section on behalf of the county water
commission as of | ||||||
7 | September 1 next following the adoption and filing.
Beginning | ||||||
8 | January 1, 1992, an ordinance or resolution imposing or
| ||||||
9 | discontinuing the tax hereunder shall be adopted and a | ||||||
10 | certified copy
thereof filed with the Department on or before | ||||||
11 | the first day of July,
whereupon the Department shall proceed | ||||||
12 | to administer and enforce this
Section as of the first day of | ||||||
13 | October next following such adoption and
filing. Beginning | ||||||
14 | January 1, 1993, an ordinance or resolution imposing or
| ||||||
15 | discontinuing the tax hereunder shall be adopted and a | ||||||
16 | certified copy
thereof filed with the Department on or before | ||||||
17 | the first day of October,
whereupon the Department shall | ||||||
18 | proceed to administer and enforce this
Section as of the first | ||||||
19 | day of January next following such adoption and filing.
| ||||||
20 | (g) The State Department of Revenue shall, upon collecting | ||||||
21 | any taxes as
provided in this Section, pay the taxes over to | ||||||
22 | the State Treasurer as
trustee for the commission. The taxes | ||||||
23 | shall be held in a trust fund outside
the State Treasury. | ||||||
24 | As soon as possible after the first day of each month, | ||||||
25 | beginning January 1, 2011, upon certification of the Department | ||||||
26 | of Revenue, the Comptroller shall order transferred, and the |
| |||||||
| |||||||
1 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | ||||||
2 | local sales tax increment, as defined in the Innovation | ||||||
3 | Development and Economy Act, collected under this Section | ||||||
4 | during the second preceding calendar month for sales within a | ||||||
5 | STAR bond district. | ||||||
6 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
7 | on or before the 25th day of each calendar month, the
State | ||||||
8 | Department of Revenue shall prepare and certify to the | ||||||
9 | Comptroller of
the State of Illinois the amount to be paid to | ||||||
10 | the commission, which shall be
the amount (not including credit | ||||||
11 | memoranda) collected under this Section during the second | ||||||
12 | preceding calendar month by the Department plus an amount the | ||||||
13 | Department determines is necessary to offset any amounts that | ||||||
14 | were erroneously paid to a different taxing body, and not | ||||||
15 | including any amount equal to the amount of refunds made during | ||||||
16 | the second preceding calendar month by the Department on behalf | ||||||
17 | of the commission, and not including any amount that the | ||||||
18 | Department determines is necessary to offset any amounts that | ||||||
19 | were payable to a different taxing body but were erroneously | ||||||
20 | paid to the commission, and less any amounts that are | ||||||
21 | transferred to the STAR Bonds Revenue Fund , less 2% of the | ||||||
22 | remainder, which shall be transferred into the Tax Compliance | ||||||
23 | and Administration Fund. The Department, at the time of each | ||||||
24 | monthly disbursement to the commission, shall prepare and | ||||||
25 | certify to the State Comptroller the amount to be transferred | ||||||
26 | into the Tax Compliance and Administration Fund under this |
| |||||||
| |||||||
1 | subsection . Within 10 days after receipt by
the Comptroller of | ||||||
2 | the certification of the amount to be paid to the
commission | ||||||
3 | and the Tax Compliance and Administration Fund , the Comptroller | ||||||
4 | shall cause an order to be drawn for the payment
for the amount | ||||||
5 | in accordance with the direction in the certification.
| ||||||
6 | (h) Beginning June 1, 2016, any tax imposed pursuant to | ||||||
7 | this Section may no longer be imposed or collected, unless a | ||||||
8 | continuation of the tax is approved by the voters at a | ||||||
9 | referendum as set forth in this Section. | ||||||
10 | (Source: P.A. 98-298, eff. 8-9-13; 99-217, eff. 7-31-15; | ||||||
11 | 99-642, eff. 7-28-16.)
| ||||||
12 | ARTICLE 55. SPENDING CAPS | ||||||
13 | Section 55-5. The Illinois Income Tax Act is amended by | ||||||
14 | adding Section 201.6 as follows:
| ||||||
15 | (35 ILCS 5/201.6 new) | ||||||
16 | Sec. 201.6. Fiscal Year 2018 through Fiscal Year 2022 | ||||||
17 | spending limitation and tax reduction. | ||||||
18 | (a) If, in State fiscal year 2018, fiscal year 2019, fiscal | ||||||
19 | year 2020, fiscal year 2021, or fiscal year 2022, State | ||||||
20 | spending exceeds the State spending limitation set forth in | ||||||
21 | subsection (b) of this Section for that fiscal year, then the | ||||||
22 | tax rates for: | ||||||
23 | (1) individuals, trusts, and estates set forth in |
| |||||||
| |||||||
1 | paragraphs (5.3) and (5.4) of subsection (b) of Section | ||||||
2 | 201, as amended by Senate Bill 9 of the 100th General | ||||||
3 | Assembly, shall be reduced, according to the procedures set | ||||||
4 | forth in this Section, to 3.75% of the taxpayer's net | ||||||
5 | income for that taxable year and for each taxable year | ||||||
6 | thereafter; and | ||||||
7 | (2) corporations set forth in paragraphs (13) and (14) | ||||||
8 | of subsection (b) of Section 201, as amended by Senate Bill | ||||||
9 | 9 of the 100th General Assembly, shall be reduced, | ||||||
10 | according to the procedures set forth in this Section, to | ||||||
11 | 5.25% of the taxpayer's net income for that taxable year | ||||||
12 | and for each taxable year thereafter. | ||||||
13 | (b) The State spending limitation for fiscal year 2018 | ||||||
14 | through fiscal year 2022 shall be $36,000,000,000, except for: | ||||||
15 | increases over amounts as required by this amendatory Act of | ||||||
16 | the 100th General Assembly to be paid to the General Assembly | ||||||
17 | Retirement System, Judges Retirement System of Illinois, State | ||||||
18 | Employees' Retirement System of Illinois, Teachers' Retirement | ||||||
19 | System of the State of Illinois, and State Universities | ||||||
20 | Retirement System; increases over amounts transferred in | ||||||
21 | fiscal year 2018 in amounts required to be transferred under | ||||||
22 | Section 15 of the General Obligation Bond Act; or increases | ||||||
23 | over payments made in fiscal year 2018 in payments to the | ||||||
24 | Health Insurance Reserve Fund necessary to cover state | ||||||
25 | obligations of the State Employees Group Insurance Act of 1971. | ||||||
26 | (c) Notwithstanding any provision of law to the contrary, |
| |||||||
| |||||||
1 | the Auditor General shall examine each Public Act authorizing | ||||||
2 | State spending from State general funds and prepare a report no | ||||||
3 | later than 30 days after receiving notification of the Public | ||||||
4 | Act from the Secretary of State or 60 days after the effective | ||||||
5 | date of the Public Act, whichever is earlier. The Auditor | ||||||
6 | General shall file the report with the Secretary of State and | ||||||
7 | copies with the Governor, the State Treasurer, the State | ||||||
8 | Comptroller, the Senate, and the House of Representatives. The | ||||||
9 | report shall indicate: (i) the amount of State spending set | ||||||
10 | forth in the applicable Public Act; (ii) the total amount of | ||||||
11 | State spending authorized by law for the applicable fiscal year | ||||||
12 | as of the date of the report; and (iii) whether State spending | ||||||
13 | exceeds the State spending limitation set forth in subsection | ||||||
14 | (b). The Auditor General may examine multiple Public Acts in | ||||||
15 | one consolidated report, provided that each Public Act is | ||||||
16 | examined within the time period mandated by this subsection | ||||||
17 | (c). The Auditor General shall issue reports in accordance with | ||||||
18 | this Section through June 30, 2022, or the effective date of a | ||||||
19 | reduction as provided for in this Section in the rates of tax | ||||||
20 | set forth in paragraphs (5.3), (5.4), (13), and (14) of | ||||||
21 | subsection (b) of Section 201, as amended by Senate Bill 9 of | ||||||
22 | the 100th General Assembly, whichever is earlier.
At the | ||||||
23 | request of the Auditor General, each State agency shall, | ||||||
24 | without delay, make available to the Auditor General or his or | ||||||
25 | her designated representative any record or information | ||||||
26 | requested and shall provide for examination or copying all |
| |||||||
| |||||||
1 | records, accounts, papers, reports, vouchers, correspondence, | ||||||
2 | books and other documentation in the custody of that agency, | ||||||
3 | including information stored in electronic data processing | ||||||
4 | systems, which is related to or within the scope of a report | ||||||
5 | prepared under this Section. The Auditor General shall report | ||||||
6 | to the Governor each instance in which a State agency fails to | ||||||
7 | cooperate promptly and fully with his or her office as required | ||||||
8 | by this Section. The Auditor General's report shall not be in | ||||||
9 | the nature of a post-audit or examination and shall not lead to | ||||||
10 | the issuance of an opinion as that term is defined in generally | ||||||
11 | accepted government auditing standards. | ||||||
12 | (d) If the Auditor General reports that State spending has | ||||||
13 | exceeded the State spending limitation for the fiscal year set | ||||||
14 | forth in subsection (b) and if the Governor has not been | ||||||
15 | presented with a bill or bills passed by the General Assembly | ||||||
16 | to reduce State spending to a level that does not exceed the | ||||||
17 | State spending limitation within 45 calendar days of receipt of | ||||||
18 | the Auditor General's report, then the Governor may, for the | ||||||
19 | purpose of reducing State spending to a level that does not | ||||||
20 | exceed the State spending limitation for the fiscal year set | ||||||
21 | forth in subsection (b), designate amounts to be set aside as a | ||||||
22 | reserve from the amounts appropriated from the State general | ||||||
23 | funds for all boards, commissions, agencies, institutions, | ||||||
24 | authorities, colleges, universities, and bodies politic and | ||||||
25 | corporate of the State, but not other constitutional officers, | ||||||
26 | the legislative or judicial branch, the office of the Executive |
| |||||||
| |||||||
1 | Inspector General, or the Executive Ethics Commission. Such a | ||||||
2 | designation must be made within 15 calendar days after the end | ||||||
3 | of that 45-day period. If the Governor designates amounts to be | ||||||
4 | set aside as a reserve, the Governor shall give notice of the | ||||||
5 | designation to the Auditor General, the State Treasurer, the | ||||||
6 | State Comptroller, the Senate, and the House of | ||||||
7 | Representatives. The amounts placed in reserves shall not be | ||||||
8 | transferred, obligated, encumbered, expended, or otherwise | ||||||
9 | committed unless so authorized by law. Any amount placed in | ||||||
10 | reserves is not State spending and shall not be considered when | ||||||
11 | calculating the total amount of State spending for the fiscal | ||||||
12 | year. Any Public Act authorizing the use of amounts placed in | ||||||
13 | reserve by the Governor is considered State spending, unless | ||||||
14 | such Public Act authorizes the use of amounts placed in | ||||||
15 | reserves in response to a fiscal emergency under subsection | ||||||
16 | (g). | ||||||
17 | (e) If the Auditor General reports under subsection (c) | ||||||
18 | that State spending has exceeded the State spending limitation | ||||||
19 | set forth for the fiscal year in subsection (b), then the | ||||||
20 | Auditor General shall issue a supplemental report no sooner | ||||||
21 | than the 61st day and no later than the 65th day after issuing | ||||||
22 | the report pursuant to subsection (c). The supplemental report | ||||||
23 | shall: (i) summarize details of actions taken by the General | ||||||
24 | Assembly and the Governor after the issuance of the initial | ||||||
25 | report to reduce State spending, if any, (ii) indicate whether | ||||||
26 | the level of State spending has changed since the initial |
| |||||||
| |||||||
1 | report, and (iii) indicate whether State spending exceeds the | ||||||
2 | State spending limitation. The Auditor General shall file the | ||||||
3 | report with the Secretary of State and copies with the | ||||||
4 | Governor, the State Treasurer, the State Comptroller, the | ||||||
5 | Senate, and the House of Representatives. If the supplemental | ||||||
6 | report of the Auditor General indicates that State spending | ||||||
7 | exceeds the State spending limitation for that fiscal year, | ||||||
8 | then the rates of tax set forth in paragraphs (5.3), (5.4), | ||||||
9 | (13), and (14) of subsection (b) of Section 201, as amended by | ||||||
10 | Senate Bill 9 of the 100th General Assembly, are reduced as | ||||||
11 | provided in subsection (a) of this Section, beginning on the | ||||||
12 | first day of the first month to occur not less than 30 days | ||||||
13 | after issuance of the supplemental report. | ||||||
14 | (f) Should the rates of tax be reduced under this Section, | ||||||
15 | the tax imposed by subsections (a) and (b) of Section 201 shall | ||||||
16 | be determined as follows: | ||||||
17 | (1) In the case of an individual, trust, or estate, the | ||||||
18 | tax shall be imposed in an amount equal to the sum of (i) | ||||||
19 | the rate applicable to the taxpayer under subsection (b) of
| ||||||
20 | Section 201 (without regard to the provisions of this | ||||||
21 | Section) times the taxpayer's net income for any portion of | ||||||
22 | the taxable year prior to the effective date of the | ||||||
23 | reduction, and (ii) 3.75% of the taxpayer's net income for | ||||||
24 | any portion of the taxable year on or after the effective | ||||||
25 | date of the reduction. | ||||||
26 | (2) In the case of a corporation, the tax shall be |
| |||||||
| |||||||
1 | imposed in an amount equal to the sum of (i) the rate | ||||||
2 | applicable to the taxpayer under subsection (b) of Section | ||||||
3 | 201 (without regard to the provisions of this Section) | ||||||
4 | times the taxpayer's net income for any portion of the | ||||||
5 | taxable year prior to the effective date of the reduction, | ||||||
6 | and (ii) 5.25% of the taxpayer's net income for any portion | ||||||
7 | of the taxable year on or after the effective date of the | ||||||
8 | reduction. | ||||||
9 | (3) For any taxpayer for whom the rate has been reduced | ||||||
10 | under this Section for a portion of a taxable year, the | ||||||
11 | taxpayer shall determine the net income for each portion of | ||||||
12 | the taxable year following the rules set forth in Section | ||||||
13 | 202.5, as amended by Senate Bill 9 of the 100th General | ||||||
14 | Assembly, using the effective date of the rate reduction | ||||||
15 | rather than the January 1 dates found in that Section, and | ||||||
16 | the day before the effective date of the rate reduction | ||||||
17 | rather than the December 31 dates found in that Section. | ||||||
18 | (4) If the rate applicable to the taxpayer under | ||||||
19 | subsection (b) of Section 201 (without regard to the | ||||||
20 | provisions of this Section) changes during a portion of the | ||||||
21 | taxable year to which that rate is applied under paragraphs | ||||||
22 | (1) or (2) of this subsection (f), the tax for that portion | ||||||
23 | of the taxable year for purposes of paragraph (1) or (2) of | ||||||
24 | this subsection (f) shall be determined as if that portion | ||||||
25 | of the taxable year were a separate taxable year, following | ||||||
26 | the rules set forth in Section 202.5, as amended by Senate |
| |||||||
| |||||||
1 | Bill 9 of the 100th General Assembly. If the taxpayer | ||||||
2 | elects to follow the rules set forth in subsection
(b) of | ||||||
3 | Section 202.5, as amended by Senate Bill 9 of the 100th | ||||||
4 | General Assembly, then the taxpayer shall follow the rules | ||||||
5 | set forth in subsection (b) of Section 202.5, as amended by | ||||||
6 | Senate Bill 9 of the 100th General Assembly, for all | ||||||
7 | purposes of this Section for that taxable year. | ||||||
8 | (g) Notwithstanding the State spending limitation set | ||||||
9 | forth in subsection (b) of this Section, the Governor may | ||||||
10 | declare a fiscal emergency by filing a declaration with the | ||||||
11 | Secretary of State and copies with the State Treasurer, the | ||||||
12 | State Comptroller, the Senate, and the House of | ||||||
13 | Representatives. The declaration: must be limited to only one | ||||||
14 | State fiscal year, must set forth compelling reasons for | ||||||
15 | declaring a fiscal emergency, may reference amounts required to | ||||||
16 | be transferred under Section 15 of the General Obligation Bond | ||||||
17 | Act, and must request a specific dollar amount.
State spending | ||||||
18 | authorized by law to address the fiscal emergency in an amount | ||||||
19 | no greater than the dollar amount specified in the declaration | ||||||
20 | shall not be considered "State spending" for purposes of the | ||||||
21 | State spending limitation. | ||||||
22 | (h) As used in this Section: | ||||||
23 | "State general funds" has the meaning provided in Section | ||||||
24 | 50-40 of the State Budget Law. | ||||||
25 | "State spending" means (i) the total amount authorized for | ||||||
26 | spending by appropriation or statutory transfer from the State |
| |||||||
| |||||||
1 | general funds in the applicable fiscal year, and (ii) any | ||||||
2 | amounts the Governor places in reserves in accordance with | ||||||
3 | subsection (d) that are subsequently released from reserves | ||||||
4 | following authorization by a Public Act. For the purpose of | ||||||
5 | this definition, "appropriation" means authority to spend | ||||||
6 | money from a State general fund for a specific amount, purpose, | ||||||
7 | and time period, including any supplemental appropriation or | ||||||
8 | continuing appropriation, but does not include | ||||||
9 | reappropriations from a previous fiscal year. For the purpose | ||||||
10 | of this definition, "statutory transfer" means authority to | ||||||
11 | transfer funds from one State general fund to any other fund in | ||||||
12 | the State treasury, but does not include transfers made from | ||||||
13 | one State general fund to another State general fund. | ||||||
14 | "State spending limitation" means the amount described in | ||||||
15 | subsection (b) of this Section for the applicable fiscal year.
| ||||||
16 | ARTICLE 57. STATE CONTRIBUTIONS | ||||||
17 | Section 57-5. The Illinois Pension Code is amended by | ||||||
18 | changing Sections 2-124, 14-131, 15-155, 16-158, and 18-131 as | ||||||
19 | follows:
| ||||||
20 | (40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
| ||||||
21 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
22 | which has been
held unconstitutional)
| ||||||
23 | Sec. 2-124. Contributions by State.
|
| |||||||
| |||||||
1 | (a) The State shall make contributions to the System by
| ||||||
2 | appropriations of amounts which, together with the | ||||||
3 | contributions of
participants, interest earned on investments, | ||||||
4 | and other income
will meet the cost of maintaining and | ||||||
5 | administering the System on a 90%
funded basis in accordance | ||||||
6 | with actuarial recommendations.
| ||||||
7 | (b) The Board shall determine the amount of State
| ||||||
8 | contributions required for each fiscal year on the basis of the
| ||||||
9 | actuarial tables and other assumptions adopted by the Board and | ||||||
10 | the
prescribed rate of interest, using the formula in | ||||||
11 | subsection (c).
| ||||||
12 | (c) For State fiscal years 2012 through 2045, the minimum | ||||||
13 | contribution
to the System to be made by the State for each | ||||||
14 | fiscal year shall be an amount
determined by the System to be | ||||||
15 | sufficient to bring the total assets of the
System up to 90% of | ||||||
16 | the total actuarial liabilities of the System by the end of
| ||||||
17 | State fiscal year 2045. In making these determinations, the | ||||||
18 | required State
contribution shall be calculated each year as a | ||||||
19 | level percentage of payroll
over the years remaining to and | ||||||
20 | including fiscal year 2045 and shall be
determined under the | ||||||
21 | projected unit credit actuarial cost method.
| ||||||
22 | For State fiscal years 1996 through 2005, the State | ||||||
23 | contribution to
the System, as a percentage of the applicable | ||||||
24 | employee payroll, shall be
increased in equal annual increments | ||||||
25 | so that by State fiscal year 2011, the
State is contributing at | ||||||
26 | the rate required under this Section.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Article, the | ||||||
2 | total required State
contribution for State fiscal year 2006 is | ||||||
3 | $4,157,000.
| ||||||
4 | Notwithstanding any other provision of this Article, the | ||||||
5 | total required State
contribution for State fiscal year 2007 is | ||||||
6 | $5,220,300.
| ||||||
7 | For each of State fiscal years 2008 through 2009, the State | ||||||
8 | contribution to
the System, as a percentage of the applicable | ||||||
9 | employee payroll, shall be
increased in equal annual increments | ||||||
10 | from the required State contribution for State fiscal year | ||||||
11 | 2007, so that by State fiscal year 2011, the
State is | ||||||
12 | contributing at the rate otherwise required under this Section.
| ||||||
13 | Notwithstanding any other provision of this Article, the | ||||||
14 | total required State contribution for State fiscal year 2010 is | ||||||
15 | $10,454,000 and shall be made from the proceeds of bonds sold | ||||||
16 | in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
17 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
18 | expenses determined by the System's share of total bond | ||||||
19 | proceeds, (ii) any amounts received from the General Revenue | ||||||
20 | Fund in fiscal year 2010, and (iii) any reduction in bond | ||||||
21 | proceeds due to the issuance of discounted bonds, if | ||||||
22 | applicable. | ||||||
23 | Notwithstanding any other provision of this Article, the
| ||||||
24 | total required State contribution for State fiscal year 2011 is
| ||||||
25 | the amount recertified by the System on or before April 1, 2011 | ||||||
26 | pursuant to Section 2-134 and shall be made from the proceeds |
| |||||||
| |||||||
1 | of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of | ||||||
2 | the General
Obligation Bond Act, less (i) the pro rata share of | ||||||
3 | bond sale
expenses determined by the System's share of total | ||||||
4 | bond
proceeds, (ii) any amounts received from the General | ||||||
5 | Revenue
Fund in fiscal year 2011, and (iii) any reduction in | ||||||
6 | bond
proceeds due to the issuance of discounted bonds, if
| ||||||
7 | applicable. | ||||||
8 | Notwithstanding any other provision of this Article, the | ||||||
9 | total required state contributions for state fiscal year 2018 | ||||||
10 | is $23,679,000. | ||||||
11 | Beginning in State fiscal year 2046, the minimum State | ||||||
12 | contribution for
each fiscal year shall be the amount needed to | ||||||
13 | maintain the total assets of
the System at 90% of the total | ||||||
14 | actuarial liabilities of the System.
| ||||||
15 | Amounts received by the System pursuant to Section 25 of | ||||||
16 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
17 | Finance Act in any fiscal year do not reduce and do not | ||||||
18 | constitute payment of any portion of the minimum State | ||||||
19 | contribution required under this Article in that fiscal year. | ||||||
20 | Such amounts shall not reduce, and shall not be included in the | ||||||
21 | calculation of, the required State contributions under this | ||||||
22 | Article in any future year until the System has reached a | ||||||
23 | funding ratio of at least 90%. A reference in this Article to | ||||||
24 | the "required State contribution" or any substantially similar | ||||||
25 | term does not include or apply to any amounts payable to the | ||||||
26 | System under Section 25 of the Budget Stabilization Act.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Section, the | ||||||
2 | required State
contribution for State fiscal year 2005 and for | ||||||
3 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
4 | under this Section and
certified under Section 2-134, shall not | ||||||
5 | exceed an amount equal to (i) the
amount of the required State | ||||||
6 | contribution that would have been calculated under
this Section | ||||||
7 | for that fiscal year if the System had not received any | ||||||
8 | payments
under subsection (d) of Section 7.2 of the General | ||||||
9 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
10 | total debt service payments for that fiscal
year on the bonds | ||||||
11 | issued in fiscal year 2003 for the purposes of that Section | ||||||
12 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
13 | the same as the System's portion of
the total moneys | ||||||
14 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
15 | Obligation Bond Act. In determining this maximum for State | ||||||
16 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
17 | in item (i) shall be increased, as a percentage of the | ||||||
18 | applicable employee payroll, in equal increments calculated | ||||||
19 | from the sum of the required State contribution for State | ||||||
20 | fiscal year 2007 plus the applicable portion of the State's | ||||||
21 | total debt service payments for fiscal year 2007 on the bonds | ||||||
22 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
23 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
24 | 2011, the
State is contributing at the rate otherwise required | ||||||
25 | under this Section.
| ||||||
26 | (d) For purposes of determining the required State |
| |||||||
| |||||||
1 | contribution to the System, the value of the System's assets | ||||||
2 | shall be equal to the actuarial value of the System's assets, | ||||||
3 | which shall be calculated as follows: | ||||||
4 | As of June 30, 2008, the actuarial value of the System's | ||||||
5 | assets shall be equal to the market value of the assets as of | ||||||
6 | that date. In determining the actuarial value of the System's | ||||||
7 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
8 | gains or losses from investment return incurred in a fiscal | ||||||
9 | year shall be recognized in equal annual amounts over the | ||||||
10 | 5-year period following that fiscal year. | ||||||
11 | (e) For purposes of determining the required State | ||||||
12 | contribution to the system for a particular year, the actuarial | ||||||
13 | value of assets shall be assumed to earn a rate of return equal | ||||||
14 | to the system's actuarially assumed rate of return. | ||||||
15 | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; | ||||||
16 | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff. | ||||||
17 | 7-13-12.)
| ||||||
18 | (40 ILCS 5/14-131)
| ||||||
19 | Sec. 14-131. Contributions by State.
| ||||||
20 | (a) The State shall make contributions to the System by | ||||||
21 | appropriations of
amounts which, together with other employer | ||||||
22 | contributions from trust, federal,
and other funds, employee | ||||||
23 | contributions, investment income, and other income,
will be | ||||||
24 | sufficient to meet the cost of maintaining and administering | ||||||
25 | the System
on a 90% funded basis in accordance with actuarial |
| |||||||
| |||||||
1 | recommendations.
| ||||||
2 | For the purposes of this Section and Section 14-135.08, | ||||||
3 | references to State
contributions refer only to employer | ||||||
4 | contributions and do not include employee
contributions that | ||||||
5 | are picked up or otherwise paid by the State or a
department on | ||||||
6 | behalf of the employee.
| ||||||
7 | (b) The Board shall determine the total amount of State | ||||||
8 | contributions
required for each fiscal year on the basis of the | ||||||
9 | actuarial tables and other
assumptions adopted by the Board, | ||||||
10 | using the formula in subsection (e).
| ||||||
11 | The Board shall also determine a State contribution rate | ||||||
12 | for each fiscal
year, expressed as a percentage of payroll, | ||||||
13 | based on the total required State
contribution for that fiscal | ||||||
14 | year (less the amount received by the System from
| ||||||
15 | appropriations under Section 8.12 of the State Finance Act and | ||||||
16 | Section 1 of the
State Pension Funds Continuing Appropriation | ||||||
17 | Act, if any, for the fiscal year
ending on the June 30 | ||||||
18 | immediately preceding the applicable November 15
certification | ||||||
19 | deadline), the estimated payroll (including all forms of
| ||||||
20 | compensation) for personal services rendered by eligible | ||||||
21 | employees, and the
recommendations of the actuary.
| ||||||
22 | For the purposes of this Section and Section 14.1 of the | ||||||
23 | State Finance Act,
the term "eligible employees" includes | ||||||
24 | employees who participate in the System,
persons who may elect | ||||||
25 | to participate in the System but have not so elected,
persons | ||||||
26 | who are serving a qualifying period that is required for |
| |||||||
| |||||||
1 | participation,
and annuitants employed by a department as | ||||||
2 | described in subdivision (a)(1) or
(a)(2) of Section 14-111.
| ||||||
3 | (c) Contributions shall be made by the several departments | ||||||
4 | for each pay
period by warrants drawn by the State Comptroller | ||||||
5 | against their respective
funds or appropriations based upon | ||||||
6 | vouchers stating the amount to be so
contributed. These amounts | ||||||
7 | shall be based on the full rate certified by the
Board under | ||||||
8 | Section 14-135.08 for that fiscal year.
From the effective date | ||||||
9 | of this amendatory Act of the 93rd General
Assembly through the | ||||||
10 | payment of the final payroll from fiscal year 2004
| ||||||
11 | appropriations, the several departments shall not make | ||||||
12 | contributions
for the remainder of fiscal year 2004 but shall | ||||||
13 | instead make payments
as required under subsection (a-1) of | ||||||
14 | Section 14.1 of the State Finance Act.
The several departments | ||||||
15 | shall resume those contributions at the commencement of
fiscal | ||||||
16 | year 2005.
| ||||||
17 | (c-1) Notwithstanding subsection (c) of this Section, for | ||||||
18 | fiscal years 2010, 2012, 2013, 2014, 2015, 2016, and 2017 only, | ||||||
19 | contributions by the several departments are not required to be | ||||||
20 | made for General Revenue Funds payrolls processed by the | ||||||
21 | Comptroller. Payrolls paid by the several departments from all | ||||||
22 | other State funds must continue to be processed pursuant to | ||||||
23 | subsection (c) of this Section. | ||||||
24 | (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015, | ||||||
25 | 2016, and 2017 only, on or as soon as possible after the 15th | ||||||
26 | day of each month, the Board shall submit vouchers for payment |
| |||||||
| |||||||
1 | of State contributions to the System, in a total monthly amount | ||||||
2 | of one-twelfth of the fiscal year General Revenue Fund | ||||||
3 | contribution as certified by the System pursuant to Section | ||||||
4 | 14-135.08 of the Illinois Pension Code. | ||||||
5 | (d) If an employee is paid from trust funds or federal | ||||||
6 | funds, the
department or other employer shall pay employer | ||||||
7 | contributions from those funds
to the System at the certified | ||||||
8 | rate, unless the terms of the trust or the
federal-State | ||||||
9 | agreement preclude the use of the funds for that purpose, in
| ||||||
10 | which case the required employer contributions shall be paid by | ||||||
11 | the State.
From the effective date of this amendatory
Act of | ||||||
12 | the 93rd General Assembly through the payment of the final
| ||||||
13 | payroll from fiscal year 2004 appropriations, the department or | ||||||
14 | other
employer shall not pay contributions for the remainder of | ||||||
15 | fiscal year
2004 but shall instead make payments as required | ||||||
16 | under subsection (a-1) of
Section 14.1 of the State Finance | ||||||
17 | Act. The department or other employer shall
resume payment of
| ||||||
18 | contributions at the commencement of fiscal year 2005.
| ||||||
19 | (e) For State fiscal years 2012 through 2045, the minimum | ||||||
20 | contribution
to the System to be made by the State for each | ||||||
21 | fiscal year shall be an amount
determined by the System to be | ||||||
22 | sufficient to bring the total assets of the
System up to 90% of | ||||||
23 | the total actuarial liabilities of the System by the end
of | ||||||
24 | State fiscal year 2045. In making these determinations, the | ||||||
25 | required State
contribution shall be calculated each year as a | ||||||
26 | level percentage of payroll
over the years remaining to and |
| |||||||
| |||||||
1 | including fiscal year 2045 and shall be
determined under the | ||||||
2 | projected unit credit actuarial cost method.
| ||||||
3 | For State fiscal years 1996 through 2005, the State | ||||||
4 | contribution to
the System, as a percentage of the applicable | ||||||
5 | employee payroll, shall be
increased in equal annual increments | ||||||
6 | so that by State fiscal year 2011, the
State is contributing at | ||||||
7 | the rate required under this Section; except that
(i) for State | ||||||
8 | fiscal year 1998, for all purposes of this Code and any other
| ||||||
9 | law of this State, the certified percentage of the applicable | ||||||
10 | employee payroll
shall be 5.052% for employees earning eligible | ||||||
11 | creditable service under Section
14-110 and 6.500% for all | ||||||
12 | other employees, notwithstanding any contrary
certification | ||||||
13 | made under Section 14-135.08 before the effective date of this
| ||||||
14 | amendatory Act of 1997, and (ii)
in the following specified | ||||||
15 | State fiscal years, the State contribution to
the System shall | ||||||
16 | not be less than the following indicated percentages of the
| ||||||
17 | applicable employee payroll, even if the indicated percentage | ||||||
18 | will produce a
State contribution in excess of the amount | ||||||
19 | otherwise required under this
subsection and subsection (a):
| ||||||
20 | 9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY | ||||||
21 | 2002;
10.6% in FY 2003; and
10.8% in FY 2004.
| ||||||
22 | Notwithstanding any other provision of this Article, the | ||||||
23 | total required State
contribution to the System for State | ||||||
24 | fiscal year 2006 is $203,783,900.
| ||||||
25 | Notwithstanding any other provision of this Article, the | ||||||
26 | total required State
contribution to the System for State |
| |||||||
| |||||||
1 | fiscal year 2007 is $344,164,400.
| ||||||
2 | For each of State fiscal years 2008 through 2009, the State | ||||||
3 | contribution to
the System, as a percentage of the applicable | ||||||
4 | employee payroll, shall be
increased in equal annual increments | ||||||
5 | from the required State contribution for State fiscal year | ||||||
6 | 2007, so that by State fiscal year 2011, the
State is | ||||||
7 | contributing at the rate otherwise required under this Section.
| ||||||
8 | Notwithstanding any other provision of this Article, the | ||||||
9 | total required State General Revenue Fund contribution for | ||||||
10 | State fiscal year 2010 is $723,703,100 and shall be made from | ||||||
11 | the proceeds of bonds sold in fiscal year 2010 pursuant to | ||||||
12 | Section 7.2 of the General Obligation Bond Act, less (i) the | ||||||
13 | pro rata share of bond sale expenses determined by the System's | ||||||
14 | share of total bond proceeds, (ii) any amounts received from | ||||||
15 | the General Revenue Fund in fiscal year 2010, and (iii) any | ||||||
16 | reduction in bond proceeds due to the issuance of discounted | ||||||
17 | bonds, if applicable. | ||||||
18 | Notwithstanding any other provision of this Article, the
| ||||||
19 | total required State General Revenue Fund contribution for
| ||||||
20 | State fiscal year 2011 is the amount recertified by the System | ||||||
21 | on or before April 1, 2011 pursuant to Section 14-135.08 and | ||||||
22 | shall be made from
the proceeds of bonds sold in fiscal year | ||||||
23 | 2011 pursuant to
Section 7.2 of the General Obligation Bond | ||||||
24 | Act, less (i) the
pro rata share of bond sale expenses | ||||||
25 | determined by the System's
share of total bond proceeds, (ii) | ||||||
26 | any amounts received from
the General Revenue Fund in fiscal |
| |||||||
| |||||||
1 | year 2011, and (iii) any
reduction in bond proceeds due to the | ||||||
2 | issuance of discounted
bonds, if applicable. | ||||||
3 | Notwithstanding any other provision of this Article, the | ||||||
4 | total required State contribution for State fiscal year 2018 is | ||||||
5 | $1,948,861,121. | ||||||
6 | Beginning in State fiscal year 2046, the minimum State | ||||||
7 | contribution for
each fiscal year shall be the amount needed to | ||||||
8 | maintain the total assets of
the System at 90% of the total | ||||||
9 | actuarial liabilities of the System.
| ||||||
10 | Amounts received by the System pursuant to Section 25 of | ||||||
11 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
12 | Finance Act in any fiscal year do not reduce and do not | ||||||
13 | constitute payment of any portion of the minimum State | ||||||
14 | contribution required under this Article in that fiscal year. | ||||||
15 | Such amounts shall not reduce, and shall not be included in the | ||||||
16 | calculation of, the required State contributions under this | ||||||
17 | Article in any future year until the System has reached a | ||||||
18 | funding ratio of at least 90%. A reference in this Article to | ||||||
19 | the "required State contribution" or any substantially similar | ||||||
20 | term does not include or apply to any amounts payable to the | ||||||
21 | System under Section 25 of the Budget Stabilization Act.
| ||||||
22 | Notwithstanding any other provision of this Section, the | ||||||
23 | required State
contribution for State fiscal year 2005 and for | ||||||
24 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
25 | under this Section and
certified under Section 14-135.08, shall | ||||||
26 | not exceed an amount equal to (i) the
amount of the required |
| |||||||
| |||||||
1 | State contribution that would have been calculated under
this | ||||||
2 | Section for that fiscal year if the System had not received any | ||||||
3 | payments
under subsection (d) of Section 7.2 of the General | ||||||
4 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
5 | total debt service payments for that fiscal
year on the bonds | ||||||
6 | issued in fiscal year 2003 for the purposes of that Section | ||||||
7 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
8 | the same as the System's portion of
the total moneys | ||||||
9 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
10 | Obligation Bond Act. In determining this maximum for State | ||||||
11 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
12 | in item (i) shall be increased, as a percentage of the | ||||||
13 | applicable employee payroll, in equal increments calculated | ||||||
14 | from the sum of the required State contribution for State | ||||||
15 | fiscal year 2007 plus the applicable portion of the State's | ||||||
16 | total debt service payments for fiscal year 2007 on the bonds | ||||||
17 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
18 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
19 | 2011, the
State is contributing at the rate otherwise required | ||||||
20 | under this Section.
| ||||||
21 | (f) After the submission of all payments for eligible | ||||||
22 | employees
from personal services line items in fiscal year 2004 | ||||||
23 | have been made,
the Comptroller shall provide to the System a | ||||||
24 | certification of the sum
of all fiscal year 2004 expenditures | ||||||
25 | for personal services that would
have been covered by payments | ||||||
26 | to the System under this Section if the
provisions of this |
| |||||||
| |||||||
1 | amendatory Act of the 93rd General Assembly had not been
| ||||||
2 | enacted. Upon
receipt of the certification, the System shall | ||||||
3 | determine the amount
due to the System based on the full rate | ||||||
4 | certified by the Board under
Section 14-135.08 for fiscal year | ||||||
5 | 2004 in order to meet the State's
obligation under this | ||||||
6 | Section. The System shall compare this amount
due to the amount | ||||||
7 | received by the System in fiscal year 2004 through
payments | ||||||
8 | under this Section and under Section 6z-61 of the State Finance | ||||||
9 | Act.
If the amount
due is more than the amount received, the | ||||||
10 | difference shall be termed the
"Fiscal Year 2004 Shortfall" for | ||||||
11 | purposes of this Section, and the
Fiscal Year 2004 Shortfall | ||||||
12 | shall be satisfied under Section 1.2 of the State
Pension Funds | ||||||
13 | Continuing Appropriation Act. If the amount due is less than | ||||||
14 | the
amount received, the
difference shall be termed the "Fiscal | ||||||
15 | Year 2004 Overpayment" for purposes of
this Section, and the | ||||||
16 | Fiscal Year 2004 Overpayment shall be repaid by
the System to | ||||||
17 | the Pension Contribution Fund as soon as practicable
after the | ||||||
18 | certification.
| ||||||
19 | (g) For purposes of determining the required State | ||||||
20 | contribution to the System, the value of the System's assets | ||||||
21 | shall be equal to the actuarial value of the System's assets, | ||||||
22 | which shall be calculated as follows: | ||||||
23 | As of June 30, 2008, the actuarial value of the System's | ||||||
24 | assets shall be equal to the market value of the assets as of | ||||||
25 | that date. In determining the actuarial value of the System's | ||||||
26 | assets for fiscal years after June 30, 2008, any actuarial |
| |||||||
| |||||||
1 | gains or losses from investment return incurred in a fiscal | ||||||
2 | year shall be recognized in equal annual amounts over the | ||||||
3 | 5-year period following that fiscal year. | ||||||
4 | (h) For purposes of determining the required State | ||||||
5 | contribution to the System for a particular year, the actuarial | ||||||
6 | value of assets shall be assumed to earn a rate of return equal | ||||||
7 | to the System's actuarially assumed rate of return. | ||||||
8 | (i) After the submission of all payments for eligible | ||||||
9 | employees from personal services line items paid from the | ||||||
10 | General Revenue Fund in fiscal year 2010 have been made, the | ||||||
11 | Comptroller shall provide to the System a certification of the | ||||||
12 | sum of all fiscal year 2010 expenditures for personal services | ||||||
13 | that would have been covered by payments to the System under | ||||||
14 | this Section if the provisions of this amendatory Act of the | ||||||
15 | 96th General Assembly had not been enacted. Upon receipt of the | ||||||
16 | certification, the System shall determine the amount due to the | ||||||
17 | System based on the full rate certified by the Board under | ||||||
18 | Section 14-135.08 for fiscal year 2010 in order to meet the | ||||||
19 | State's obligation under this Section. The System shall compare | ||||||
20 | this amount due to the amount received by the System in fiscal | ||||||
21 | year 2010 through payments under this Section. If the amount | ||||||
22 | due is more than the amount received, the difference shall be | ||||||
23 | termed the "Fiscal Year 2010 Shortfall" for purposes of this | ||||||
24 | Section, and the Fiscal Year 2010 Shortfall shall be satisfied | ||||||
25 | under Section 1.2 of the State Pension Funds Continuing | ||||||
26 | Appropriation Act. If the amount due is less than the amount |
| |||||||
| |||||||
1 | received, the difference shall be termed the "Fiscal Year 2010 | ||||||
2 | Overpayment" for purposes of this Section, and the Fiscal Year | ||||||
3 | 2010 Overpayment shall be repaid by the System to the General | ||||||
4 | Revenue Fund as soon as practicable after the certification. | ||||||
5 | (j) After the submission of all payments for eligible | ||||||
6 | employees from personal services line items paid from the | ||||||
7 | General Revenue Fund in fiscal year 2011 have been made, the | ||||||
8 | Comptroller shall provide to the System a certification of the | ||||||
9 | sum of all fiscal year 2011 expenditures for personal services | ||||||
10 | that would have been covered by payments to the System under | ||||||
11 | this Section if the provisions of this amendatory Act of the | ||||||
12 | 96th General Assembly had not been enacted. Upon receipt of the | ||||||
13 | certification, the System shall determine the amount due to the | ||||||
14 | System based on the full rate certified by the Board under | ||||||
15 | Section 14-135.08 for fiscal year 2011 in order to meet the | ||||||
16 | State's obligation under this Section. The System shall compare | ||||||
17 | this amount due to the amount received by the System in fiscal | ||||||
18 | year 2011 through payments under this Section. If the amount | ||||||
19 | due is more than the amount received, the difference shall be | ||||||
20 | termed the "Fiscal Year 2011 Shortfall" for purposes of this | ||||||
21 | Section, and the Fiscal Year 2011 Shortfall shall be satisfied | ||||||
22 | under Section 1.2 of the State Pension Funds Continuing | ||||||
23 | Appropriation Act. If the amount due is less than the amount | ||||||
24 | received, the difference shall be termed the "Fiscal Year 2011 | ||||||
25 | Overpayment" for purposes of this Section, and the Fiscal Year | ||||||
26 | 2011 Overpayment shall be repaid by the System to the General |
| |||||||
| |||||||
1 | Revenue Fund as soon as practicable after the certification. | ||||||
2 | (k) For fiscal years 2012 through 2017 only, after the | ||||||
3 | submission of all payments for eligible employees from personal | ||||||
4 | services line items paid from the General Revenue Fund in the | ||||||
5 | fiscal year have been made, the Comptroller shall provide to | ||||||
6 | the System a certification of the sum of all expenditures in | ||||||
7 | the fiscal year for personal services. Upon receipt of the | ||||||
8 | certification, the System shall determine the amount due to the | ||||||
9 | System based on the full rate certified by the Board under | ||||||
10 | Section 14-135.08 for the fiscal year in order to meet the | ||||||
11 | State's obligation under this Section. The System shall compare | ||||||
12 | this amount due to the amount received by the System for the | ||||||
13 | fiscal year. If the amount due is more than the amount | ||||||
14 | received, the difference shall be termed the "Prior Fiscal Year | ||||||
15 | Shortfall" for purposes of this Section, and the Prior Fiscal | ||||||
16 | Year Shortfall shall be satisfied under Section 1.2 of the | ||||||
17 | State Pension Funds Continuing Appropriation Act. If the amount | ||||||
18 | due is less than the amount received, the difference shall be | ||||||
19 | termed the "Prior Fiscal Year Overpayment" for purposes of this | ||||||
20 | Section, and the Prior Fiscal Year Overpayment shall be repaid | ||||||
21 | by the System to the General Revenue Fund as soon as | ||||||
22 | practicable after the certification. | ||||||
23 | (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8, | ||||||
24 | eff. 7-9-15; 99-523, eff. 6-30-16.)
| ||||||
25 | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
|
| |||||||
| |||||||
1 | Sec. 15-155. Employer contributions.
| ||||||
2 | (a) The State of Illinois shall make contributions by | ||||||
3 | appropriations of
amounts which, together with the other | ||||||
4 | employer contributions from trust,
federal, and other funds, | ||||||
5 | employee contributions, income from investments,
and other | ||||||
6 | income of this System, will be sufficient to meet the cost of
| ||||||
7 | maintaining and administering the System on a 90% funded basis | ||||||
8 | in accordance
with actuarial recommendations.
| ||||||
9 | The Board shall determine the amount of State contributions | ||||||
10 | required for
each fiscal year on the basis of the actuarial | ||||||
11 | tables and other assumptions
adopted by the Board and the | ||||||
12 | recommendations of the actuary, using the formula
in subsection | ||||||
13 | (a-1).
| ||||||
14 | (a-1) For State fiscal years 2012 through 2045, the minimum | ||||||
15 | contribution
to the System to be made by the State for each | ||||||
16 | fiscal year shall be an amount
determined by the System to be | ||||||
17 | sufficient to bring the total assets of the
System up to 90% of | ||||||
18 | the total actuarial liabilities of the System by the end of
| ||||||
19 | State fiscal year 2045. In making these determinations, the | ||||||
20 | required State
contribution shall be calculated each year as a | ||||||
21 | level percentage of payroll
over the years remaining to and | ||||||
22 | including fiscal year 2045 and shall be
determined under the | ||||||
23 | projected unit credit actuarial cost method.
| ||||||
24 | For State fiscal years 1996 through 2005, the State | ||||||
25 | contribution to
the System, as a percentage of the applicable | ||||||
26 | employee payroll, shall be
increased in equal annual increments |
| |||||||
| |||||||
1 | so that by State fiscal year 2011, the
State is contributing at | ||||||
2 | the rate required under this Section.
| ||||||
3 | Notwithstanding any other provision of this Article, the | ||||||
4 | total required State
contribution for State fiscal year 2006 is | ||||||
5 | $166,641,900.
| ||||||
6 | Notwithstanding any other provision of this Article, the | ||||||
7 | total required State
contribution for State fiscal year 2007 is | ||||||
8 | $252,064,100.
| ||||||
9 | For each of State fiscal years 2008 through 2009, the State | ||||||
10 | contribution to
the System, as a percentage of the applicable | ||||||
11 | employee payroll, shall be
increased in equal annual increments | ||||||
12 | from the required State contribution for State fiscal year | ||||||
13 | 2007, so that by State fiscal year 2011, the
State is | ||||||
14 | contributing at the rate otherwise required under this Section.
| ||||||
15 | Notwithstanding any other provision of this Article, the | ||||||
16 | total required State contribution for State fiscal year 2010 is | ||||||
17 | $702,514,000 and shall be made from the State Pensions Fund and | ||||||
18 | proceeds of bonds sold in fiscal year 2010 pursuant to Section | ||||||
19 | 7.2 of the General Obligation Bond Act, less (i) the pro rata | ||||||
20 | share of bond sale expenses determined by the System's share of | ||||||
21 | total bond proceeds, (ii) any amounts received from the General | ||||||
22 | Revenue Fund in fiscal year 2010, (iii) any reduction in bond | ||||||
23 | proceeds due to the issuance of discounted bonds, if | ||||||
24 | applicable. | ||||||
25 | Notwithstanding any other provision of this Article, the
| ||||||
26 | total required State contribution for State fiscal year 2011 is
|
| |||||||
| |||||||
1 | the amount recertified by the System on or before April 1, 2011 | ||||||
2 | pursuant to Section 15-165 and shall be made from the State | ||||||
3 | Pensions Fund and
proceeds of bonds sold in fiscal year 2011 | ||||||
4 | pursuant to Section
7.2 of the General Obligation Bond Act, | ||||||
5 | less (i) the pro rata
share of bond sale expenses determined by | ||||||
6 | the System's share of
total bond proceeds, (ii) any amounts | ||||||
7 | received from the General
Revenue Fund in fiscal year 2011, and | ||||||
8 | (iii) any reduction in bond
proceeds due to the issuance of | ||||||
9 | discounted bonds, if
applicable. | ||||||
10 | Notwithstanding any other provision of this Article, the | ||||||
11 | total required State contribution for State fiscal year 2018 is | ||||||
12 | $1,461,685,000. | ||||||
13 | Beginning in State fiscal year 2046, the minimum State | ||||||
14 | contribution for
each fiscal year shall be the amount needed to | ||||||
15 | maintain the total assets of
the System at 90% of the total | ||||||
16 | actuarial liabilities of the System.
| ||||||
17 | Amounts received by the System pursuant to Section 25 of | ||||||
18 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
19 | Finance Act in any fiscal year do not reduce and do not | ||||||
20 | constitute payment of any portion of the minimum State | ||||||
21 | contribution required under this Article in that fiscal year. | ||||||
22 | Such amounts shall not reduce, and shall not be included in the | ||||||
23 | calculation of, the required State contributions under this | ||||||
24 | Article in any future year until the System has reached a | ||||||
25 | funding ratio of at least 90%. A reference in this Article to | ||||||
26 | the "required State contribution" or any substantially similar |
| |||||||
| |||||||
1 | term does not include or apply to any amounts payable to the | ||||||
2 | System under Section 25 of the Budget Stabilization Act. | ||||||
3 | Notwithstanding any other provision of this Section, the | ||||||
4 | required State
contribution for State fiscal year 2005 and for | ||||||
5 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
6 | under this Section and
certified under Section 15-165, shall | ||||||
7 | not exceed an amount equal to (i) the
amount of the required | ||||||
8 | State contribution that would have been calculated under
this | ||||||
9 | Section for that fiscal year if the System had not received any | ||||||
10 | payments
under subsection (d) of Section 7.2 of the General | ||||||
11 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
12 | total debt service payments for that fiscal
year on the bonds | ||||||
13 | issued in fiscal year 2003 for the purposes of that Section | ||||||
14 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
15 | the same as the System's portion of
the total moneys | ||||||
16 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
17 | Obligation Bond Act. In determining this maximum for State | ||||||
18 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
19 | in item (i) shall be increased, as a percentage of the | ||||||
20 | applicable employee payroll, in equal increments calculated | ||||||
21 | from the sum of the required State contribution for State | ||||||
22 | fiscal year 2007 plus the applicable portion of the State's | ||||||
23 | total debt service payments for fiscal year 2007 on the bonds | ||||||
24 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
25 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
26 | 2011, the
State is contributing at the rate otherwise required |
| |||||||
| |||||||
1 | under this Section.
| ||||||
2 | (b) If an employee is paid from trust or federal funds, the | ||||||
3 | employer
shall pay to the Board contributions from those funds | ||||||
4 | which are
sufficient to cover the accruing normal costs on | ||||||
5 | behalf of the employee.
However, universities having employees | ||||||
6 | who are compensated out of local
auxiliary funds, income funds, | ||||||
7 | or service enterprise funds are not required
to pay such | ||||||
8 | contributions on behalf of those employees. The local auxiliary
| ||||||
9 | funds, income funds, and service enterprise funds of | ||||||
10 | universities shall not be
considered trust funds for the | ||||||
11 | purpose of this Article, but funds of alumni
associations, | ||||||
12 | foundations, and athletic associations which are affiliated | ||||||
13 | with
the universities included as employers under this Article | ||||||
14 | and other employers
which do not receive State appropriations | ||||||
15 | are considered to be trust funds for
the purpose of this | ||||||
16 | Article.
| ||||||
17 | (b-1) The City of Urbana and the City of Champaign shall | ||||||
18 | each make
employer contributions to this System for their | ||||||
19 | respective firefighter
employees who participate in this | ||||||
20 | System pursuant to subsection (h) of Section
15-107. The rate | ||||||
21 | of contributions to be made by those municipalities shall
be | ||||||
22 | determined annually by the Board on the basis of the actuarial | ||||||
23 | assumptions
adopted by the Board and the recommendations of the | ||||||
24 | actuary, and shall be
expressed as a percentage of salary for | ||||||
25 | each such employee. The Board shall
certify the rate to the | ||||||
26 | affected municipalities as soon as may be practical.
The |
| |||||||
| |||||||
1 | employer contributions required under this subsection shall be | ||||||
2 | remitted by
the municipality to the System at the same time and | ||||||
3 | in the same manner as
employee contributions.
| ||||||
4 | (c) Through State fiscal year 1995: The total employer | ||||||
5 | contribution shall
be apportioned among the various funds of | ||||||
6 | the State and other employers,
whether trust, federal, or other | ||||||
7 | funds, in accordance with actuarial procedures
approved by the | ||||||
8 | Board. State of Illinois contributions for employers receiving
| ||||||
9 | State appropriations for personal services shall be payable | ||||||
10 | from appropriations
made to the employers or to the System. The | ||||||
11 | contributions for Class I
community colleges covering earnings | ||||||
12 | other than those paid from trust and
federal funds, shall be | ||||||
13 | payable solely from appropriations to the Illinois
Community | ||||||
14 | College Board or the System for employer contributions.
| ||||||
15 | (d) Beginning in State fiscal year 1996, the required State | ||||||
16 | contributions
to the System shall be appropriated directly to | ||||||
17 | the System and shall be payable
through vouchers issued in | ||||||
18 | accordance with subsection (c) of Section 15-165, except as | ||||||
19 | provided in subsection (g).
| ||||||
20 | (e) The State Comptroller shall draw warrants payable to | ||||||
21 | the System upon
proper certification by the System or by the | ||||||
22 | employer in accordance with the
appropriation laws and this | ||||||
23 | Code.
| ||||||
24 | (f) Normal costs under this Section means liability for
| ||||||
25 | pensions and other benefits which accrues to the System because | ||||||
26 | of the
credits earned for service rendered by the participants |
| |||||||
| |||||||
1 | during the
fiscal year and expenses of administering the | ||||||
2 | System, but shall not
include the principal of or any | ||||||
3 | redemption premium or interest on any bonds
issued by the Board | ||||||
4 | or any expenses incurred or deposits required in
connection | ||||||
5 | therewith.
| ||||||
6 | (g) If the amount of a participant's earnings for any | ||||||
7 | academic year used to determine the final rate of earnings, | ||||||
8 | determined on a full-time equivalent basis, exceeds the amount | ||||||
9 | of his or her earnings with the same employer for the previous | ||||||
10 | academic year, determined on a full-time equivalent basis, by | ||||||
11 | more than 6%, the participant's employer shall pay to the | ||||||
12 | System, in addition to all other payments required under this | ||||||
13 | Section and in accordance with guidelines established by the | ||||||
14 | System, the present value of the increase in benefits resulting | ||||||
15 | from the portion of the increase in earnings that is in excess | ||||||
16 | of 6%. This present value shall be computed by the System on | ||||||
17 | the basis of the actuarial assumptions and tables used in the | ||||||
18 | most recent actuarial valuation of the System that is available | ||||||
19 | at the time of the computation. The System may require the | ||||||
20 | employer to provide any pertinent information or | ||||||
21 | documentation. | ||||||
22 | Whenever it determines that a payment is or may be required | ||||||
23 | under this subsection (g), the System shall calculate the | ||||||
24 | amount of the payment and bill the employer for that amount. | ||||||
25 | The bill shall specify the calculations used to determine the | ||||||
26 | amount due. If the employer disputes the amount of the bill, it |
| |||||||
| |||||||
1 | may, within 30 days after receipt of the bill, apply to the | ||||||
2 | System in writing for a recalculation. The application must | ||||||
3 | specify in detail the grounds of the dispute and, if the | ||||||
4 | employer asserts that the calculation is subject to subsection | ||||||
5 | (h) or (i) of this Section, must include an affidavit setting | ||||||
6 | forth and attesting to all facts within the employer's | ||||||
7 | knowledge that are pertinent to the applicability of subsection | ||||||
8 | (h) or (i). Upon receiving a timely application for | ||||||
9 | recalculation, the System shall review the application and, if | ||||||
10 | appropriate, recalculate the amount due.
| ||||||
11 | The employer contributions required under this subsection | ||||||
12 | (g) may be paid in the form of a lump sum within 90 days after | ||||||
13 | receipt of the bill. If the employer contributions are not paid | ||||||
14 | within 90 days after receipt of the bill, then interest will be | ||||||
15 | charged at a rate equal to the System's annual actuarially | ||||||
16 | assumed rate of return on investment compounded annually from | ||||||
17 | the 91st day after receipt of the bill. Payments must be | ||||||
18 | concluded within 3 years after the employer's receipt of the | ||||||
19 | bill. | ||||||
20 | When assessing payment for any amount due under this | ||||||
21 | subsection (g), the System shall include earnings, to the | ||||||
22 | extent not established by a participant under Section 15-113.11 | ||||||
23 | or 15-113.12, that would have been paid to the participant had | ||||||
24 | the participant not taken (i) periods of voluntary or | ||||||
25 | involuntary furlough occurring on or after July 1, 2015 and on | ||||||
26 | or before June 30, 2017 or (ii) periods of voluntary pay |
| |||||||
| |||||||
1 | reduction in lieu of furlough occurring on or after July 1, | ||||||
2 | 2015 and on or before June 30, 2017. Determining earnings that | ||||||
3 | would have been paid to a participant had the participant not | ||||||
4 | taken periods of voluntary or involuntary furlough or periods | ||||||
5 | of voluntary pay reduction shall be the responsibility of the | ||||||
6 | employer, and shall be reported in a manner prescribed by the | ||||||
7 | System. | ||||||
8 | (h) This subsection (h) applies only to payments made or | ||||||
9 | salary increases given on or after June 1, 2005 but before July | ||||||
10 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
11 | require the System to refund any payments received before July | ||||||
12 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
13 | When assessing payment for any amount due under subsection | ||||||
14 | (g), the System shall exclude earnings increases paid to | ||||||
15 | participants under contracts or collective bargaining | ||||||
16 | agreements entered into, amended, or renewed before June 1, | ||||||
17 | 2005.
| ||||||
18 | When assessing payment for any amount due under subsection | ||||||
19 | (g), the System shall exclude earnings increases paid to a | ||||||
20 | participant at a time when the participant is 10 or more years | ||||||
21 | from retirement eligibility under Section 15-135.
| ||||||
22 | When assessing payment for any amount due under subsection | ||||||
23 | (g), the System shall exclude earnings increases resulting from | ||||||
24 | overload work, including a contract for summer teaching, or | ||||||
25 | overtime when the employer has certified to the System, and the | ||||||
26 | System has approved the certification, that: (i) in the case of |
| |||||||
| |||||||
1 | overloads (A) the overload work is for the sole purpose of | ||||||
2 | academic instruction in excess of the standard number of | ||||||
3 | instruction hours for a full-time employee occurring during the | ||||||
4 | academic year that the overload is paid and (B) the earnings | ||||||
5 | increases are equal to or less than the rate of pay for | ||||||
6 | academic instruction computed using the participant's current | ||||||
7 | salary rate and work schedule; and (ii) in the case of | ||||||
8 | overtime, the overtime was necessary for the educational | ||||||
9 | mission. | ||||||
10 | When assessing payment for any amount due under subsection | ||||||
11 | (g), the System shall exclude any earnings increase resulting | ||||||
12 | from (i) a promotion for which the employee moves from one | ||||||
13 | classification to a higher classification under the State | ||||||
14 | Universities Civil Service System, (ii) a promotion in academic | ||||||
15 | rank for a tenured or tenure-track faculty position, or (iii) a | ||||||
16 | promotion that the Illinois Community College Board has | ||||||
17 | recommended in accordance with subsection (k) of this Section. | ||||||
18 | These earnings increases shall be excluded only if the | ||||||
19 | promotion is to a position that has existed and been filled by | ||||||
20 | a member for no less than one complete academic year and the | ||||||
21 | earnings increase as a result of the promotion is an increase | ||||||
22 | that results in an amount no greater than the average salary | ||||||
23 | paid for other similar positions. | ||||||
24 | (i) When assessing payment for any amount due under | ||||||
25 | subsection (g), the System shall exclude any salary increase | ||||||
26 | described in subsection (h) of this Section given on or after |
| |||||||
| |||||||
1 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
2 | collective bargaining agreement entered into, amended, or | ||||||
3 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
4 | Notwithstanding any other provision of this Section, any | ||||||
5 | payments made or salary increases given after June 30, 2014 | ||||||
6 | shall be used in assessing payment for any amount due under | ||||||
7 | subsection (g) of this Section.
| ||||||
8 | (j) The System shall prepare a report and file copies of | ||||||
9 | the report with the Governor and the General Assembly by | ||||||
10 | January 1, 2007 that contains all of the following information: | ||||||
11 | (1) The number of recalculations required by the | ||||||
12 | changes made to this Section by Public Act 94-1057 for each | ||||||
13 | employer. | ||||||
14 | (2) The dollar amount by which each employer's | ||||||
15 | contribution to the System was changed due to | ||||||
16 | recalculations required by Public Act 94-1057. | ||||||
17 | (3) The total amount the System received from each | ||||||
18 | employer as a result of the changes made to this Section by | ||||||
19 | Public Act 94-4. | ||||||
20 | (4) The increase in the required State contribution | ||||||
21 | resulting from the changes made to this Section by Public | ||||||
22 | Act 94-1057. | ||||||
23 | (k) The Illinois Community College Board shall adopt rules | ||||||
24 | for recommending lists of promotional positions submitted to | ||||||
25 | the Board by community colleges and for reviewing the | ||||||
26 | promotional lists on an annual basis. When recommending |
| |||||||
| |||||||
1 | promotional lists, the Board shall consider the similarity of | ||||||
2 | the positions submitted to those positions recognized for State | ||||||
3 | universities by the State Universities Civil Service System. | ||||||
4 | The Illinois Community College Board shall file a copy of its | ||||||
5 | findings with the System. The System shall consider the | ||||||
6 | findings of the Illinois Community College Board when making | ||||||
7 | determinations under this Section. The System shall not exclude | ||||||
8 | any earnings increases resulting from a promotion when the | ||||||
9 | promotion was not submitted by a community college. Nothing in | ||||||
10 | this subsection (k) shall require any community college to | ||||||
11 | submit any information to the Community College Board.
| ||||||
12 | (l) For purposes of determining the required State | ||||||
13 | contribution to the System, the value of the System's assets | ||||||
14 | shall be equal to the actuarial value of the System's assets, | ||||||
15 | which shall be calculated as follows: | ||||||
16 | As of June 30, 2008, the actuarial value of the System's | ||||||
17 | assets shall be equal to the market value of the assets as of | ||||||
18 | that date. In determining the actuarial value of the System's | ||||||
19 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
20 | gains or losses from investment return incurred in a fiscal | ||||||
21 | year shall be recognized in equal annual amounts over the | ||||||
22 | 5-year period following that fiscal year. | ||||||
23 | (m) For purposes of determining the required State | ||||||
24 | contribution to the system for a particular year, the actuarial | ||||||
25 | value of assets shall be assumed to earn a rate of return equal | ||||||
26 | to the system's actuarially assumed rate of return. |
| |||||||
| |||||||
1 | (Source: P.A. 98-92, eff. 7-16-13; 98-463, eff. 8-16-13; | ||||||
2 | 99-897, eff. 1-1-17 .)
| ||||||
3 | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||||||
4 | (Text of Section WITHOUT the changes made by P.A. 98-599, | ||||||
5 | which has been held unconstitutional)
| ||||||
6 | Sec. 16-158. Contributions by State and other employing | ||||||
7 | units.
| ||||||
8 | (a) The State shall make contributions to the System by | ||||||
9 | means of
appropriations from the Common School Fund and other | ||||||
10 | State funds of amounts
which, together with other employer | ||||||
11 | contributions, employee contributions,
investment income, and | ||||||
12 | other income, will be sufficient to meet the cost of
| ||||||
13 | maintaining and administering the System on a 90% funded basis | ||||||
14 | in accordance
with actuarial recommendations.
| ||||||
15 | The Board shall determine the amount of State contributions | ||||||
16 | required for
each fiscal year on the basis of the actuarial | ||||||
17 | tables and other assumptions
adopted by the Board and the | ||||||
18 | recommendations of the actuary, using the formula
in subsection | ||||||
19 | (b-3).
| ||||||
20 | (a-1) Annually, on or before November 15 until November 15, | ||||||
21 | 2011, the Board shall certify to the
Governor the amount of the | ||||||
22 | required State contribution for the coming fiscal
year. The | ||||||
23 | certification under this subsection (a-1) shall include a copy | ||||||
24 | of the actuarial recommendations
upon which it is based and | ||||||
25 | shall specifically identify the System's projected State |
| |||||||
| |||||||
1 | normal cost for that fiscal year.
| ||||||
2 | On or before May 1, 2004, the Board shall recalculate and | ||||||
3 | recertify to
the Governor the amount of the required State | ||||||
4 | contribution to the System for
State fiscal year 2005, taking | ||||||
5 | into account the amounts appropriated to and
received by the | ||||||
6 | System under subsection (d) of Section 7.2 of the General
| ||||||
7 | Obligation Bond Act.
| ||||||
8 | On or before July 1, 2005, the Board shall recalculate and | ||||||
9 | recertify
to the Governor the amount of the required State
| ||||||
10 | contribution to the System for State fiscal year 2006, taking | ||||||
11 | into account the changes in required State contributions made | ||||||
12 | by this amendatory Act of the 94th General Assembly.
| ||||||
13 | On or before April 1, 2011, the Board shall recalculate and | ||||||
14 | recertify to the Governor the amount of the required State | ||||||
15 | contribution to the System for State fiscal year 2011, applying | ||||||
16 | the changes made by Public Act 96-889 to the System's assets | ||||||
17 | and liabilities as of June 30, 2009 as though Public Act 96-889 | ||||||
18 | was approved on that date. | ||||||
19 | (a-5) On or before November 1 of each year, beginning | ||||||
20 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
21 | the Governor, and the General Assembly a proposed certification | ||||||
22 | of the amount of the required State contribution to the System | ||||||
23 | for the next fiscal year, along with all of the actuarial | ||||||
24 | assumptions, calculations, and data upon which that proposed | ||||||
25 | certification is based. On or before January 1 of each year, | ||||||
26 | beginning January 1, 2013, the State Actuary shall issue a |
| |||||||
| |||||||
1 | preliminary report concerning the proposed certification and | ||||||
2 | identifying, if necessary, recommended changes in actuarial | ||||||
3 | assumptions that the Board must consider before finalizing its | ||||||
4 | certification of the required State contributions. On or before | ||||||
5 | January 15, 2013 and each January 15 thereafter, the Board | ||||||
6 | shall certify to the Governor and the General Assembly the | ||||||
7 | amount of the required State contribution for the next fiscal | ||||||
8 | year. The Board's certification must note any deviations from | ||||||
9 | the State Actuary's recommended changes, the reason or reasons | ||||||
10 | for not following the State Actuary's recommended changes, and | ||||||
11 | the fiscal impact of not following the State Actuary's | ||||||
12 | recommended changes on the required State contribution. | ||||||
13 | (b) Through State fiscal year 1995, the State contributions | ||||||
14 | shall be
paid to the System in accordance with Section 18-7 of | ||||||
15 | the School Code.
| ||||||
16 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
17 | of each month,
or as soon thereafter as may be practicable, the | ||||||
18 | Board shall submit vouchers
for payment of State contributions | ||||||
19 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
20 | required annual State contribution certified under
subsection | ||||||
21 | (a-1).
From the
effective date of this amendatory Act of the | ||||||
22 | 93rd General Assembly
through June 30, 2004, the Board shall | ||||||
23 | not submit vouchers for the
remainder of fiscal year 2004 in | ||||||
24 | excess of the fiscal year 2004
certified contribution amount | ||||||
25 | determined under this Section
after taking into consideration | ||||||
26 | the transfer to the System
under subsection (a) of Section |
| |||||||
| |||||||
1 | 6z-61 of the State Finance Act.
These vouchers shall be paid by | ||||||
2 | the State Comptroller and
Treasurer by warrants drawn on the | ||||||
3 | funds appropriated to the System for that
fiscal year.
| ||||||
4 | If in any month the amount remaining unexpended from all | ||||||
5 | other appropriations
to the System for the applicable fiscal | ||||||
6 | year (including the appropriations to
the System under Section | ||||||
7 | 8.12 of the State Finance Act and Section 1 of the
State | ||||||
8 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
9 | amount
lawfully vouchered under this subsection, the | ||||||
10 | difference shall be paid from the
Common School Fund under the | ||||||
11 | continuing appropriation authority provided in
Section 1.1 of | ||||||
12 | the State Pension Funds Continuing Appropriation Act.
| ||||||
13 | (b-2) Allocations from the Common School Fund apportioned | ||||||
14 | to school
districts not coming under this System shall not be | ||||||
15 | diminished or affected by
the provisions of this Article.
| ||||||
16 | (b-3) For State fiscal years 2012 through 2045, the minimum | ||||||
17 | contribution
to the System to be made by the State for each | ||||||
18 | fiscal year shall be an amount
determined by the System to be | ||||||
19 | sufficient to bring the total assets of the
System up to 90% of | ||||||
20 | the total actuarial liabilities of the System by the end of
| ||||||
21 | State fiscal year 2045. In making these determinations, the | ||||||
22 | required State
contribution shall be calculated each year as a | ||||||
23 | level percentage of payroll
over the years remaining to and | ||||||
24 | including fiscal year 2045 and shall be
determined under the | ||||||
25 | projected unit credit actuarial cost method.
| ||||||
26 | For State fiscal years 1996 through 2005, the State |
| |||||||
| |||||||
1 | contribution to the
System, as a percentage of the applicable | ||||||
2 | employee payroll, shall be increased
in equal annual increments | ||||||
3 | so that by State fiscal year 2011, the State is
contributing at | ||||||
4 | the rate required under this Section; except that in the
| ||||||
5 | following specified State fiscal years, the State contribution | ||||||
6 | to the System
shall not be less than the following indicated | ||||||
7 | percentages of the applicable
employee payroll, even if the | ||||||
8 | indicated percentage will produce a State
contribution in | ||||||
9 | excess of the amount otherwise required under this subsection
| ||||||
10 | and subsection (a), and notwithstanding any contrary | ||||||
11 | certification made under
subsection (a-1) before the effective | ||||||
12 | date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% | ||||||
13 | in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY | ||||||
14 | 2003; and
13.56% in FY 2004.
| ||||||
15 | Notwithstanding any other provision of this Article, the | ||||||
16 | total required State
contribution for State fiscal year 2006 is | ||||||
17 | $534,627,700.
| ||||||
18 | Notwithstanding any other provision of this Article, the | ||||||
19 | total required State
contribution for State fiscal year 2007 is | ||||||
20 | $738,014,500.
| ||||||
21 | For each of State fiscal years 2008 through 2009, the State | ||||||
22 | contribution to
the System, as a percentage of the applicable | ||||||
23 | employee payroll, shall be
increased in equal annual increments | ||||||
24 | from the required State contribution for State fiscal year | ||||||
25 | 2007, so that by State fiscal year 2011, the
State is | ||||||
26 | contributing at the rate otherwise required under this Section.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Article, the | ||||||
2 | total required State contribution for State fiscal year 2010 is | ||||||
3 | $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
4 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
5 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
6 | expenses determined by the System's share of total bond | ||||||
7 | proceeds, (ii) any amounts received from the Common School Fund | ||||||
8 | in fiscal year 2010, and (iii) any reduction in bond proceeds | ||||||
9 | due to the issuance of discounted bonds, if applicable. | ||||||
10 | Notwithstanding any other provision of this Article, the
| ||||||
11 | total required State contribution for State fiscal year 2011 is
| ||||||
12 | the amount recertified by the System on or before April 1, 2011 | ||||||
13 | pursuant to subsection (a-1) of this Section and shall be made | ||||||
14 | from the proceeds of bonds
sold in fiscal year 2011 pursuant to | ||||||
15 | Section 7.2 of the General
Obligation Bond Act, less (i) the | ||||||
16 | pro rata share of bond sale
expenses determined by the System's | ||||||
17 | share of total bond
proceeds, (ii) any amounts received from | ||||||
18 | the Common School Fund
in fiscal year 2011, and (iii) any | ||||||
19 | reduction in bond proceeds
due to the issuance of discounted | ||||||
20 | bonds, if applicable. This amount shall include, in addition to | ||||||
21 | the amount certified by the System, an amount necessary to meet | ||||||
22 | employer contributions required by the State as an employer | ||||||
23 | under paragraph (e) of this Section, which may also be used by | ||||||
24 | the System for contributions required by paragraph (a) of | ||||||
25 | Section 16-127. | ||||||
26 | Notwithstanding any other provision of this Article, the |
| |||||||
| |||||||
1 | total required State contribution for State fiscal year 2018 is | ||||||
2 | $3,869,952,674. | ||||||
3 | Beginning in State fiscal year 2046, the minimum State | ||||||
4 | contribution for
each fiscal year shall be the amount needed to | ||||||
5 | maintain the total assets of
the System at 90% of the total | ||||||
6 | actuarial liabilities of the System.
| ||||||
7 | Amounts received by the System pursuant to Section 25 of | ||||||
8 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
9 | Finance Act in any fiscal year do not reduce and do not | ||||||
10 | constitute payment of any portion of the minimum State | ||||||
11 | contribution required under this Article in that fiscal year. | ||||||
12 | Such amounts shall not reduce, and shall not be included in the | ||||||
13 | calculation of, the required State contributions under this | ||||||
14 | Article in any future year until the System has reached a | ||||||
15 | funding ratio of at least 90%. A reference in this Article to | ||||||
16 | the "required State contribution" or any substantially similar | ||||||
17 | term does not include or apply to any amounts payable to the | ||||||
18 | System under Section 25 of the Budget Stabilization Act. | ||||||
19 | Notwithstanding any other provision of this Section, the | ||||||
20 | required State
contribution for State fiscal year 2005 and for | ||||||
21 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
22 | under this Section and
certified under subsection (a-1), shall | ||||||
23 | not exceed an amount equal to (i) the
amount of the required | ||||||
24 | State contribution that would have been calculated under
this | ||||||
25 | Section for that fiscal year if the System had not received any | ||||||
26 | payments
under subsection (d) of Section 7.2 of the General |
| |||||||
| |||||||
1 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
2 | total debt service payments for that fiscal
year on the bonds | ||||||
3 | issued in fiscal year 2003 for the purposes of that Section | ||||||
4 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
5 | the same as the System's portion of
the total moneys | ||||||
6 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
7 | Obligation Bond Act. In determining this maximum for State | ||||||
8 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
9 | in item (i) shall be increased, as a percentage of the | ||||||
10 | applicable employee payroll, in equal increments calculated | ||||||
11 | from the sum of the required State contribution for State | ||||||
12 | fiscal year 2007 plus the applicable portion of the State's | ||||||
13 | total debt service payments for fiscal year 2007 on the bonds | ||||||
14 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
15 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
16 | 2011, the
State is contributing at the rate otherwise required | ||||||
17 | under this Section.
| ||||||
18 | (c) Payment of the required State contributions and of all | ||||||
19 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
20 | other benefits granted
under or assumed by this System, and all | ||||||
21 | expenses in connection with the
administration and operation | ||||||
22 | thereof, are obligations of the State.
| ||||||
23 | If members are paid from special trust or federal funds | ||||||
24 | which are
administered by the employing unit, whether school | ||||||
25 | district or other
unit, the employing unit shall pay to the | ||||||
26 | System from such
funds the full accruing retirement costs based |
| |||||||
| |||||||
1 | upon that
service, which, beginning July 1, 2014, shall be at a | ||||||
2 | rate, expressed as a percentage of salary, equal to the total | ||||||
3 | minimum contribution
to the System to be made by the State for | ||||||
4 | that fiscal year, including both normal cost and unfunded | ||||||
5 | liability components, expressed as a percentage of payroll, as | ||||||
6 | determined by the System under subsection (b-3) of this | ||||||
7 | Section. Employer contributions, based on
salary paid to | ||||||
8 | members from federal funds, may be forwarded by the | ||||||
9 | distributing
agency of the State of Illinois to the System | ||||||
10 | prior to allocation, in an
amount determined in accordance with | ||||||
11 | guidelines established by such
agency and the System. Any | ||||||
12 | contribution for fiscal year 2015 collected as a result of the | ||||||
13 | change made by this amendatory Act of the 98th General Assembly | ||||||
14 | shall be considered a State contribution under subsection (b-3) | ||||||
15 | of this Section.
| ||||||
16 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
17 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
18 | employer's normal cost
of benefits based upon the teacher's | ||||||
19 | service, in addition to
employee contributions, as determined | ||||||
20 | by the System. Such employer
contributions shall be forwarded | ||||||
21 | monthly in accordance with guidelines
established by the | ||||||
22 | System.
| ||||||
23 | However, with respect to benefits granted under Section | ||||||
24 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
25 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
26 | (rather than 20%) of the member's
highest annual salary rate |
| |||||||
| |||||||
1 | for each year of creditable service granted, and
the employer | ||||||
2 | shall also pay the required employee contribution on behalf of
| ||||||
3 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
4 | 16-133.5, a teacher
as defined in paragraph (8) of Section | ||||||
5 | 16-106 who is serving in that capacity
while on leave of | ||||||
6 | absence from another employer under this Article shall not
be | ||||||
7 | considered an employee of the employer from which the teacher | ||||||
8 | is on leave.
| ||||||
9 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
10 | shall pay to the System an employer contribution computed as | ||||||
11 | follows:
| ||||||
12 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
13 | employer
contribution shall be equal to 0.3% of each | ||||||
14 | teacher's salary.
| ||||||
15 | (2) Beginning July 1, 1999 and thereafter, the employer
| ||||||
16 | contribution shall be equal to 0.58% of each teacher's | ||||||
17 | salary.
| ||||||
18 | The school district or other employing unit may pay these | ||||||
19 | employer
contributions out of any source of funding available | ||||||
20 | for that purpose and
shall forward the contributions to the | ||||||
21 | System on the schedule established
for the payment of member | ||||||
22 | contributions.
| ||||||
23 | These employer contributions are intended to offset a | ||||||
24 | portion of the cost
to the System of the increases in | ||||||
25 | retirement benefits resulting from this
amendatory Act of 1998.
| ||||||
26 | Each employer of teachers is entitled to a credit against |
| |||||||
| |||||||
1 | the contributions
required under this subsection (e) with | ||||||
2 | respect to salaries paid to teachers
for the period January 1, | ||||||
3 | 2002 through June 30, 2003, equal to the amount paid
by that | ||||||
4 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
5 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
6 | paid to teachers for that
period.
| ||||||
7 | The additional 1% employee contribution required under | ||||||
8 | Section 16-152 by
this amendatory Act of 1998 is the | ||||||
9 | responsibility of the teacher and not the
teacher's employer, | ||||||
10 | unless the employer agrees, through collective bargaining
or | ||||||
11 | otherwise, to make the contribution on behalf of the teacher.
| ||||||
12 | If an employer is required by a contract in effect on May | ||||||
13 | 1, 1998 between the
employer and an employee organization to | ||||||
14 | pay, on behalf of all its full-time
employees
covered by this | ||||||
15 | Article, all mandatory employee contributions required under
| ||||||
16 | this Article, then the employer shall be excused from paying | ||||||
17 | the employer
contribution required under this subsection (e) | ||||||
18 | for the balance of the term
of that contract. The employer and | ||||||
19 | the employee organization shall jointly
certify to the System | ||||||
20 | the existence of the contractual requirement, in such
form as | ||||||
21 | the System may prescribe. This exclusion shall cease upon the
| ||||||
22 | termination, extension, or renewal of the contract at any time | ||||||
23 | after May 1,
1998.
| ||||||
24 | (f) If the amount of a teacher's salary for any school year | ||||||
25 | used to determine final average salary exceeds the member's | ||||||
26 | annual full-time salary rate with the same employer for the |
| |||||||
| |||||||
1 | previous school year by more than 6%, the teacher's employer | ||||||
2 | shall pay to the System, in addition to all other payments | ||||||
3 | required under this Section and in accordance with guidelines | ||||||
4 | established by the System, the present value of the increase in | ||||||
5 | benefits resulting from the portion of the increase in salary | ||||||
6 | that is in excess of 6%. This present value shall be computed | ||||||
7 | by the System on the basis of the actuarial assumptions and | ||||||
8 | tables used in the most recent actuarial valuation of the | ||||||
9 | System that is available at the time of the computation. If a | ||||||
10 | teacher's salary for the 2005-2006 school year is used to | ||||||
11 | determine final average salary under this subsection (f), then | ||||||
12 | the changes made to this subsection (f) by Public Act 94-1057 | ||||||
13 | shall apply in calculating whether the increase in his or her | ||||||
14 | salary is in excess of 6%. For the purposes of this Section, | ||||||
15 | change in employment under Section 10-21.12 of the School Code | ||||||
16 | on or after June 1, 2005 shall constitute a change in employer. | ||||||
17 | The System may require the employer to provide any pertinent | ||||||
18 | information or documentation.
The changes made to this | ||||||
19 | subsection (f) by this amendatory Act of the 94th General | ||||||
20 | Assembly apply without regard to whether the teacher was in | ||||||
21 | service on or after its effective date.
| ||||||
22 | Whenever it determines that a payment is or may be required | ||||||
23 | under this subsection, the System shall calculate the amount of | ||||||
24 | the payment and bill the employer for that amount. The bill | ||||||
25 | shall specify the calculations used to determine the amount | ||||||
26 | due. If the employer disputes the amount of the bill, it may, |
| |||||||
| |||||||
1 | within 30 days after receipt of the bill, apply to the System | ||||||
2 | in writing for a recalculation. The application must specify in | ||||||
3 | detail the grounds of the dispute and, if the employer asserts | ||||||
4 | that the calculation is subject to subsection (g) or (h) of | ||||||
5 | this Section, must include an affidavit setting forth and | ||||||
6 | attesting to all facts within the employer's knowledge that are | ||||||
7 | pertinent to the applicability of that subsection. Upon | ||||||
8 | receiving a timely application for recalculation, the System | ||||||
9 | shall review the application and, if appropriate, recalculate | ||||||
10 | the amount due.
| ||||||
11 | The employer contributions required under this subsection | ||||||
12 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
13 | receipt of the bill. If the employer contributions are not paid | ||||||
14 | within 90 days after receipt of the bill, then interest will be | ||||||
15 | charged at a rate equal to the System's annual actuarially | ||||||
16 | assumed rate of return on investment compounded annually from | ||||||
17 | the 91st day after receipt of the bill. Payments must be | ||||||
18 | concluded within 3 years after the employer's receipt of the | ||||||
19 | bill.
| ||||||
20 | (g) This subsection (g) applies only to payments made or | ||||||
21 | salary increases given on or after June 1, 2005 but before July | ||||||
22 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
23 | require the System to refund any payments received before
July | ||||||
24 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
25 | When assessing payment for any amount due under subsection | ||||||
26 | (f), the System shall exclude salary increases paid to teachers |
| |||||||
| |||||||
1 | under contracts or collective bargaining agreements entered | ||||||
2 | into, amended, or renewed before June 1, 2005.
| ||||||
3 | When assessing payment for any amount due under subsection | ||||||
4 | (f), the System shall exclude salary increases paid to a | ||||||
5 | teacher at a time when the teacher is 10 or more years from | ||||||
6 | retirement eligibility under Section 16-132 or 16-133.2.
| ||||||
7 | When assessing payment for any amount due under subsection | ||||||
8 | (f), the System shall exclude salary increases resulting from | ||||||
9 | overload work, including summer school, when the school | ||||||
10 | district has certified to the System, and the System has | ||||||
11 | approved the certification, that (i) the overload work is for | ||||||
12 | the sole purpose of classroom instruction in excess of the | ||||||
13 | standard number of classes for a full-time teacher in a school | ||||||
14 | district during a school year and (ii) the salary increases are | ||||||
15 | equal to or less than the rate of pay for classroom instruction | ||||||
16 | computed on the teacher's current salary and work schedule.
| ||||||
17 | When assessing payment for any amount due under subsection | ||||||
18 | (f), the System shall exclude a salary increase resulting from | ||||||
19 | a promotion (i) for which the employee is required to hold a | ||||||
20 | certificate or supervisory endorsement issued by the State | ||||||
21 | Teacher Certification Board that is a different certification | ||||||
22 | or supervisory endorsement than is required for the teacher's | ||||||
23 | previous position and (ii) to a position that has existed and | ||||||
24 | been filled by a member for no less than one complete academic | ||||||
25 | year and the salary increase from the promotion is an increase | ||||||
26 | that results in an amount no greater than the lesser of the |
| |||||||
| |||||||
1 | average salary paid for other similar positions in the district | ||||||
2 | requiring the same certification or the amount stipulated in | ||||||
3 | the collective bargaining agreement for a similar position | ||||||
4 | requiring the same certification.
| ||||||
5 | When assessing payment for any amount due under subsection | ||||||
6 | (f), the System shall exclude any payment to the teacher from | ||||||
7 | the State of Illinois or the State Board of Education over | ||||||
8 | which the employer does not have discretion, notwithstanding | ||||||
9 | that the payment is included in the computation of final | ||||||
10 | average salary.
| ||||||
11 | (h) When assessing payment for any amount due under | ||||||
12 | subsection (f), the System shall exclude any salary increase | ||||||
13 | described in subsection (g) of this Section given on or after | ||||||
14 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
15 | collective bargaining agreement entered into, amended, or | ||||||
16 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
17 | Notwithstanding any other provision of this Section, any | ||||||
18 | payments made or salary increases given after June 30, 2014 | ||||||
19 | shall be used in assessing payment for any amount due under | ||||||
20 | subsection (f) of this Section.
| ||||||
21 | (i) The System shall prepare a report and file copies of | ||||||
22 | the report with the Governor and the General Assembly by | ||||||
23 | January 1, 2007 that contains all of the following information: | ||||||
24 | (1) The number of recalculations required by the | ||||||
25 | changes made to this Section by Public Act 94-1057 for each | ||||||
26 | employer. |
| |||||||
| |||||||
1 | (2) The dollar amount by which each employer's | ||||||
2 | contribution to the System was changed due to | ||||||
3 | recalculations required by Public Act 94-1057. | ||||||
4 | (3) The total amount the System received from each | ||||||
5 | employer as a result of the changes made to this Section by | ||||||
6 | Public Act 94-4. | ||||||
7 | (4) The increase in the required State contribution | ||||||
8 | resulting from the changes made to this Section by Public | ||||||
9 | Act 94-1057.
| ||||||
10 | (j) For purposes of determining the required State | ||||||
11 | contribution to the System, the value of the System's assets | ||||||
12 | shall be equal to the actuarial value of the System's assets, | ||||||
13 | which shall be calculated as follows: | ||||||
14 | As of June 30, 2008, the actuarial value of the System's | ||||||
15 | assets shall be equal to the market value of the assets as of | ||||||
16 | that date. In determining the actuarial value of the System's | ||||||
17 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
18 | gains or losses from investment return incurred in a fiscal | ||||||
19 | year shall be recognized in equal annual amounts over the | ||||||
20 | 5-year period following that fiscal year. | ||||||
21 | (k) For purposes of determining the required State | ||||||
22 | contribution to the system for a particular year, the actuarial | ||||||
23 | value of assets shall be assumed to earn a rate of return equal | ||||||
24 | to the system's actuarially assumed rate of return. | ||||||
25 | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; | ||||||
26 | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff. |
| |||||||
| |||||||
1 | 6-18-12; 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
| ||||||
2 | (40 ILCS 5/18-131) (from Ch. 108 1/2, par. 18-131)
| ||||||
3 | Sec. 18-131. Financing; employer contributions.
| ||||||
4 | (a) The State of Illinois shall make contributions to this | ||||||
5 | System by
appropriations of the amounts which, together with | ||||||
6 | the contributions of
participants, net earnings on | ||||||
7 | investments, and other income, will meet the
costs of | ||||||
8 | maintaining and administering this System on a 90% funded basis | ||||||
9 | in
accordance with actuarial recommendations.
| ||||||
10 | (b) The Board shall determine the amount of State | ||||||
11 | contributions
required for each fiscal year on the basis of the | ||||||
12 | actuarial tables and other
assumptions adopted by the Board and | ||||||
13 | the prescribed rate of interest, using
the formula in | ||||||
14 | subsection (c).
| ||||||
15 | (c) For State fiscal years 2012 through 2045, the minimum | ||||||
16 | contribution
to the System to be made by the State for each | ||||||
17 | fiscal year shall be an amount
determined by the System to be | ||||||
18 | sufficient to bring the total assets of the
System up to 90% of | ||||||
19 | the total actuarial liabilities of the System by the end of
| ||||||
20 | State fiscal year 2045. In making these determinations, the | ||||||
21 | required State
contribution shall be calculated each year as a | ||||||
22 | level percentage of payroll
over the years remaining to and | ||||||
23 | including fiscal year 2045 and shall be
determined under the | ||||||
24 | projected unit credit actuarial cost method.
| ||||||
25 | For State fiscal years 1996 through 2005, the State |
| |||||||
| |||||||
1 | contribution to
the System, as a percentage of the applicable | ||||||
2 | employee payroll, shall be
increased in equal annual increments | ||||||
3 | so that by State fiscal year 2011, the
State is contributing at | ||||||
4 | the rate required under this Section.
| ||||||
5 | Notwithstanding any other provision of this Article, the | ||||||
6 | total required State
contribution for State fiscal year 2006 is | ||||||
7 | $29,189,400.
| ||||||
8 | Notwithstanding any other provision of this Article, the | ||||||
9 | total required State
contribution for State fiscal year 2007 is | ||||||
10 | $35,236,800.
| ||||||
11 | For each of State fiscal years 2008 through 2009, the State | ||||||
12 | contribution to
the System, as a percentage of the applicable | ||||||
13 | employee payroll, shall be
increased in equal annual increments | ||||||
14 | from the required State contribution for State fiscal year | ||||||
15 | 2007, so that by State fiscal year 2011, the
State is | ||||||
16 | contributing at the rate otherwise required under this Section.
| ||||||
17 | Notwithstanding any other provision of this Article, the | ||||||
18 | total required State contribution for State fiscal year 2010 is | ||||||
19 | $78,832,000 and shall be made from the proceeds of bonds sold | ||||||
20 | in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
21 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
22 | expenses determined by the System's share of total bond | ||||||
23 | proceeds, (ii) any amounts received from the General Revenue | ||||||
24 | Fund in fiscal year 2010, and (iii) any reduction in bond | ||||||
25 | proceeds due to the issuance of discounted bonds, if | ||||||
26 | applicable. |
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Article, the | ||||||
2 | total required State contribution for State fiscal year 2011 is
| ||||||
3 | the amount recertified by the System on or before April 1, 2011 | ||||||
4 | pursuant to Section 18-140 and shall be made from the proceeds | ||||||
5 | of bonds sold
in fiscal year 2011 pursuant to Section 7.2 of | ||||||
6 | the General
Obligation Bond Act, less (i) the pro rata share of | ||||||
7 | bond sale
expenses determined by the System's share of total | ||||||
8 | bond
proceeds, (ii) any amounts received from the General | ||||||
9 | Revenue
Fund in fiscal year 2011, and (iii) any reduction in | ||||||
10 | bond
proceeds due to the issuance of discounted bonds, if
| ||||||
11 | applicable. | ||||||
12 | Notwithstanding any other provision of this Article, the | ||||||
13 | total required State contribution for State fiscal year 2018 is | ||||||
14 | $136,766,000. | ||||||
15 | Beginning in State fiscal year 2046, the minimum State | ||||||
16 | contribution for
each fiscal year shall be the amount needed to | ||||||
17 | maintain the total assets of
the System at 90% of the total | ||||||
18 | actuarial liabilities of the System.
| ||||||
19 | Amounts received by the System pursuant to Section 25 of | ||||||
20 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
21 | Finance Act in any fiscal year do not reduce and do not | ||||||
22 | constitute payment of any portion of the minimum State | ||||||
23 | contribution required under this Article in that fiscal year. | ||||||
24 | Such amounts shall not reduce, and shall not be included in the | ||||||
25 | calculation of, the required State contributions under this | ||||||
26 | Article in any future year until the System has reached a |
| |||||||
| |||||||
1 | funding ratio of at least 90%. A reference in this Article to | ||||||
2 | the "required State contribution" or any substantially similar | ||||||
3 | term does not include or apply to any amounts payable to the | ||||||
4 | System under Section 25 of the Budget Stabilization Act.
| ||||||
5 | Notwithstanding any other provision of this Section, the | ||||||
6 | required State
contribution for State fiscal year 2005 and for | ||||||
7 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
8 | under this Section and
certified under Section 18-140, shall | ||||||
9 | not exceed an amount equal to (i) the
amount of the required | ||||||
10 | State contribution that would have been calculated under
this | ||||||
11 | Section for that fiscal year if the System had not received any | ||||||
12 | payments
under subsection (d) of Section 7.2 of the General | ||||||
13 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
14 | total debt service payments for that fiscal
year on the bonds | ||||||
15 | issued in fiscal year 2003 for the purposes of that Section | ||||||
16 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
17 | the same as the System's portion of
the total moneys | ||||||
18 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
19 | Obligation Bond Act. In determining this maximum for State | ||||||
20 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
21 | in item (i) shall be increased, as a percentage of the | ||||||
22 | applicable employee payroll, in equal increments calculated | ||||||
23 | from the sum of the required State contribution for State | ||||||
24 | fiscal year 2007 plus the applicable portion of the State's | ||||||
25 | total debt service payments for fiscal year 2007 on the bonds | ||||||
26 | issued in fiscal year 2003 for the purposes of Section 7.2 of |
| |||||||
| |||||||
1 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
2 | 2011, the
State is contributing at the rate otherwise required | ||||||
3 | under this Section.
| ||||||
4 | (d) For purposes of determining the required State | ||||||
5 | contribution to the System, the value of the System's assets | ||||||
6 | shall be equal to the actuarial value of the System's assets, | ||||||
7 | which shall be calculated as follows: | ||||||
8 | As of June 30, 2008, the actuarial value of the System's | ||||||
9 | assets shall be equal to the market value of the assets as of | ||||||
10 | that date. In determining the actuarial value of the System's | ||||||
11 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
12 | gains or losses from investment return incurred in a fiscal | ||||||
13 | year shall be recognized in equal annual amounts over the | ||||||
14 | 5-year period following that fiscal year. | ||||||
15 | (e) For purposes of determining the required State | ||||||
16 | contribution to the system for a particular year, the actuarial | ||||||
17 | value of assets shall be assumed to earn a rate of return equal | ||||||
18 | to the system's actuarially assumed rate of return. | ||||||
19 | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; | ||||||
20 | 96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-813, eff. | ||||||
21 | 7-13-12.)
| ||||||
22 | ARTICLE 65. HEALTH INSURANCE RESERVE FUND | ||||||
23 | Section 65-5. The State Employees Group Insurance Act of | ||||||
24 | 1971 is amended by changing Sections 5 and 11 and by adding |
| |||||||
| |||||||
1 | Section 13.3 as follows:
| ||||||
2 | (5 ILCS 375/5) (from Ch. 127, par. 525)
| ||||||
3 | Sec. 5. Employee benefits; declaration of State policy.
The | ||||||
4 | General Assembly declares that it is the policy of the State | ||||||
5 | and in the best interest of the State to assure quality | ||||||
6 | benefits to members and their dependents under this Act. The | ||||||
7 | implementation of this policy depends upon, among other things, | ||||||
8 | stability and continuity of coverage, care, and services under | ||||||
9 | benefit programs for members and their dependents. | ||||||
10 | Specifically, but without limitation, members should have | ||||||
11 | continued access, on substantially similar terms and | ||||||
12 | conditions, to trusted family health care providers with whom | ||||||
13 | they have developed long-term relationships through a benefit | ||||||
14 | program under this Act. Therefore, the Director must administer | ||||||
15 | this Act consistent with that State policy, but may consider | ||||||
16 | affordability, cost of coverage and care, and competition among | ||||||
17 | health insurers and providers. All contracts for provision of | ||||||
18 | employee benefits, including those portions of any proposed | ||||||
19 | collective bargaining agreement that would require | ||||||
20 | implementation through contracts entered into under this Act, | ||||||
21 | are subject to the following requirements: | ||||||
22 | (i) By April 1 of each year, the Director must report | ||||||
23 | and provide information to the Commission concerning the | ||||||
24 | status of the employee benefits program to be offered for | ||||||
25 | the next fiscal year. Information includes, but is not |
| |||||||
| |||||||
1 | limited to, documents, reports of negotiations, bid | ||||||
2 | invitations, requests for proposals, specifications, | ||||||
3 | copies of proposed and final contracts or agreements, and | ||||||
4 | any other materials concerning contracts or agreements for | ||||||
5 | the employee benefits program. By the first of each month | ||||||
6 | thereafter, the Director must provide updated, and any new, | ||||||
7 | information to the Commission until the employee benefits | ||||||
8 | program for the next fiscal year is determined. In addition | ||||||
9 | to these monthly reporting requirements, at any time the | ||||||
10 | Commission makes a written request, the Director must | ||||||
11 | promptly, but in no event later than 5 business days after | ||||||
12 | receipt of the request, provide to the Commission any | ||||||
13 | additional requested information in the possession of the | ||||||
14 | Director concerning employee benefits programs. The | ||||||
15 | Commission may waive any of the reporting requirements of | ||||||
16 | this item (i) upon the written request by the Director. Any | ||||||
17 | waiver granted under this item (i) must be in writing. | ||||||
18 | Nothing in this item is intended to abrogate any | ||||||
19 | attorney-client privilege.
| ||||||
20 | (ii) Within 30 days after notice of the awarding or | ||||||
21 | letting of a contract has appeared in the Illinois | ||||||
22 | Procurement Bulletin in accordance with subsection (b) of | ||||||
23 | Section 15-25 of the Illinois Procurement Code, the | ||||||
24 | Commission may request in writing from the Director and the | ||||||
25 | Director shall promptly, but in no event later than 5 | ||||||
26 | business days after receipt of the request, provide to the |
| |||||||
| |||||||
1 | Commission information in the possession of the Director | ||||||
2 | concerning the proposed contract. Nothing in this item is | ||||||
3 | intended to waive or abrogate any privilege or right of | ||||||
4 | confidentiality authorized by law. | ||||||
5 | (iii) Except as otherwise provided in this item (iii), | ||||||
6 | no contract subject to this Section may be entered into | ||||||
7 | until the 30-day period described in item (ii) has expired, | ||||||
8 | unless the Director requests in writing that the Commission | ||||||
9 | waive the period and the Commission grants the waiver in | ||||||
10 | writing. This item (iii) does not apply to any contract | ||||||
11 | entered into after the effective date of this amendatory | ||||||
12 | Act of the 98th General Assembly and through January 1, | ||||||
13 | 2014 to provide a program of group health benefits for | ||||||
14 | Medicare-primary members and their Medicare-primary | ||||||
15 | dependents that is comparable in stability and continuity | ||||||
16 | of coverage, care, and services to the program of health | ||||||
17 | benefits offered to other members and their dependents | ||||||
18 | under this Act. | ||||||
19 | (iv) If the Director seeks to make any substantive | ||||||
20 | modification to any provision of a proposed contract after | ||||||
21 | it is submitted to the Commission in accordance with item | ||||||
22 | (ii), the modified contract shall be subject to the | ||||||
23 | requirements of items (ii) and (iii) unless the Commission | ||||||
24 | agrees, in writing, to a waiver of those requirements with | ||||||
25 | respect to the modified contract.
| ||||||
26 | (v) By the date of the beginning of the annual benefit |
| |||||||
| |||||||
1 | choice period, the Director must transmit to the Commission | ||||||
2 | a copy of each final contract or agreement for the employee | ||||||
3 | benefits program to be offered for the next fiscal year. | ||||||
4 | The annual benefit choice period for an employee benefits | ||||||
5 | program must begin on May 1 of the fiscal year preceding | ||||||
6 | the year for which the program is to be offered. If, | ||||||
7 | however, in any such preceding fiscal year collective | ||||||
8 | bargaining over employee benefit programs for the next | ||||||
9 | fiscal year remains pending on April 15, the beginning date | ||||||
10 | of the annual benefit choice period shall be not later than | ||||||
11 | 15 days after ratification of the collective bargaining | ||||||
12 | agreement.
| ||||||
13 | (vi) The Director must provide the reports, | ||||||
14 | information, and contracts required under items (i), (ii), | ||||||
15 | (iv), and (v) by electronic or other means satisfactory to | ||||||
16 | the Commission. Reports, information, and contracts in the | ||||||
17 | possession of the Commission pursuant to items (i), (ii), | ||||||
18 | (iv), and (v) are exempt from disclosure by the Commission | ||||||
19 | and its members and employees under the Freedom of | ||||||
20 | Information Act. Reports, information, and contracts | ||||||
21 | received by the Commission pursuant to items (i), (ii), | ||||||
22 | (iv), and (v) must be kept confidential by and may not be | ||||||
23 | disclosed or used by the Commission or its members or | ||||||
24 | employees if such disclosure or use could compromise the | ||||||
25 | fairness or integrity of the procurement, bidding, or | ||||||
26 | contract process. Commission meetings, or portions of |
| |||||||
| |||||||
1 | Commission meetings, in which reports, information, and | ||||||
2 | contracts received by the Commission pursuant to items (i), | ||||||
3 | (ii), (iv), and (v) are discussed must be closed if | ||||||
4 | disclosure or use of the report or information could | ||||||
5 | compromise the fairness or integrity of the procurement, | ||||||
6 | bidding, or contract process.
| ||||||
7 | All contracts entered into under this Section are subject | ||||||
8 | to appropriation and shall comply with Section 20-60(b) of the | ||||||
9 | Illinois Procurement Code (30 ILCS 500/20-60(b)) .
For fiscal | ||||||
10 | years 2018 through 2021, funds that may be expended on the | ||||||
11 | contracts entered into under this Section and the benefits | ||||||
12 | provided under this Act shall be limited to amounts set forth | ||||||
13 | in General Revenue Fund and Road Fund appropriations enacted | ||||||
14 | for those purposes in each of those fiscal years, which are the | ||||||
15 | full and complete appropriations established by the General | ||||||
16 | Assembly for payment of state employees' group health insurance | ||||||
17 | in fiscal years 2018 through 2021, and all such appropriations | ||||||
18 | shall be spent on a plan of health benefits that is uniformly | ||||||
19 | offered to all State employees. | ||||||
20 | The Director shall contract or otherwise make available | ||||||
21 | group
life insurance, health benefits and other
employee | ||||||
22 | benefits to eligible members and, where elected,
their eligible | ||||||
23 | dependents. Any contract or, if
applicable, contracts or other | ||||||
24 | arrangement for provision of benefits
shall be on terms | ||||||
25 | consistent with State policy and
based on, but not limited to, | ||||||
26 | such
criteria as administrative cost, service capabilities of |
| |||||||
| |||||||
1 | the carrier
or other contractor and premiums, fees or charges | ||||||
2 | as related to benefits.
| ||||||
3 | Notwithstanding any other provisions of this Act, by | ||||||
4 | January 1, 2014, the Department of Central Management Services, | ||||||
5 | in consultation with and subject to the approval of the Chief | ||||||
6 | Procurement Officer, shall contract or make otherwise | ||||||
7 | available a program of group health benefits for | ||||||
8 | Medicare-primary members and their Medicare-primary | ||||||
9 | dependents. The Director may procure a single contract or | ||||||
10 | multiple contracts that provide a program of group health | ||||||
11 | benefits that is comparable in stability and continuity of | ||||||
12 | coverage, care, and services to the program of health benefits | ||||||
13 | offered to other members and their dependents under this Act. | ||||||
14 | The initial procurement of a contract or contracts under this | ||||||
15 | paragraph is not subject to the provisions of the Illinois | ||||||
16 | Procurement Code, except for Sections 20-60, 20-65, 20-70, and | ||||||
17 | 20-160 and Article 50 of that Code, provided that the Chief | ||||||
18 | Procurement Officer may, in writing with justification, waive | ||||||
19 | any certification required under Article 50. | ||||||
20 | The Director may prepare and issue specifications
for group | ||||||
21 | life insurance, health benefits, other employee benefits
and | ||||||
22 | administrative services for the purpose of receiving proposals
| ||||||
23 | from interested parties.
| ||||||
24 | The Director is authorized to execute a contract, or
| ||||||
25 | contracts, for the programs of group life insurance, health
| ||||||
26 | benefits, other employee benefits and administrative services
|
| |||||||
| |||||||
1 | authorized by this Act (including, without limitation, | ||||||
2 | prescription drug benefits). All of the benefits provided under | ||||||
3 | this Act may be
included in one or more contracts, or the | ||||||
4 | benefits may be classified into
different types with each type | ||||||
5 | included under one or more similar contracts
with the same or | ||||||
6 | different companies.
| ||||||
7 | The term of any contract may not extend beyond 5 fiscal | ||||||
8 | years.
Upon recommendation of the Commission, the Director may | ||||||
9 | exercise renewal
options of the same contract for up to a | ||||||
10 | period of 5 years. Any
increases in premiums, fees or charges | ||||||
11 | requested by a contractor whose
contract may be renewed | ||||||
12 | pursuant to a renewal option contained therein,
must be | ||||||
13 | justified on the basis of (1) audited experience data, (2)
| ||||||
14 | increases in the costs of health care services provided under | ||||||
15 | the contract,
(3) contractor performance, (4) increases in | ||||||
16 | contractor responsibilities,
or (5) any combination thereof.
| ||||||
17 | Any contractor shall agree to abide by all
requirements of | ||||||
18 | this Act and Rules and Regulations promulgated and adopted
| ||||||
19 | thereto; to submit such information and data as may from time | ||||||
20 | to time be
deemed necessary by the Director for effective | ||||||
21 | administration of the
provisions of this Act and the programs | ||||||
22 | established
hereunder, and to fully cooperate in any audit.
| ||||||
23 | (Source: P.A. 98-19, eff. 6-10-13.)
| ||||||
24 | (5 ILCS 375/11) (from Ch. 127, par. 531)
| ||||||
25 | Sec. 11. The amount of contribution in any fiscal year from |
| |||||||
| |||||||
1 | funds other than
the General Revenue Fund or the Road Fund | ||||||
2 | shall be at the same contribution
rate as the General Revenue | ||||||
3 | Fund or the Road Fund, except that in State Fiscal Year 2009 no | ||||||
4 | contributions shall be required from the FY09 Budget Relief | ||||||
5 | Fund. Contributions and payments
for life insurance shall be | ||||||
6 | deposited in the Group Insurance Premium Fund.
Contributions | ||||||
7 | and payments for health coverages and other benefits shall be
| ||||||
8 | deposited in the Health Insurance Reserve Fund. Federal funds | ||||||
9 | which are
available for cooperative extension purposes shall | ||||||
10 | also be charged for the
contributions which are made for | ||||||
11 | retired employees formerly employed in the
Cooperative | ||||||
12 | Extension Service. In the case of departments or any division
| ||||||
13 | thereof receiving a fraction of its requirements for | ||||||
14 | administration from the
Federal Government, the contributions | ||||||
15 | hereunder shall be such fraction of the
amount determined under | ||||||
16 | the provisions hereof and the
remainder shall be contributed by | ||||||
17 | the State.
| ||||||
18 | Every department which has members paid from funds other | ||||||
19 | than the General
Revenue Fund, or other than the FY09 Budget | ||||||
20 | Relief Fund in State Fiscal Year 2009, shall cooperate with the | ||||||
21 | Department of Central Management Services
and the
Governor's | ||||||
22 | Office of Management and Budget in order to assure that the | ||||||
23 | specified
proportion of the State's cost for group life | ||||||
24 | insurance, the program of health
benefits and other employee | ||||||
25 | benefits is paid by such funds; except that
contributions under | ||||||
26 | this Act need not be paid from any other
fund where both the |
| |||||||
| |||||||
1 | Director of Central Management Services and the Director of
the
| ||||||
2 | Governor's Office of Management and Budget have designated in | ||||||
3 | writing that the necessary
contributions are included in the | ||||||
4 | General Revenue Fund contribution amount.
| ||||||
5 | Universities having employees who are totally
compensated | ||||||
6 | out of the following funds:
| ||||||
7 | (1) Income Funds;
| ||||||
8 | (2) Local auxiliary funds; and
| ||||||
9 | (3) the Agricultural Premium Fund
| ||||||
10 | shall not be required to submit such contribution for such | ||||||
11 | employees.
| ||||||
12 | For each person covered under this Act whose eligibility | ||||||
13 | for such
coverage is based upon the person's status as the | ||||||
14 | recipient of a benefit
under the Illinois Pension Code, which | ||||||
15 | benefit is based in whole or in part
upon service with the Toll | ||||||
16 | Highway Authority, the Authority shall annually
contribute a | ||||||
17 | pro rata share of the State's cost for the benefits of that
| ||||||
18 | person. Notwithstanding the foregoing, universities shall also | ||||||
19 | make contributions in accordance with Section 13.3 of this Act.
| ||||||
20 | (Source: P.A. 94-793, eff. 5-19-06; 95-1000, eff. 10-7-08 .)
| ||||||
21 | (5 ILCS 375/13.3 new) | ||||||
22 | Sec. 13.3. Payments to the Health Insurance Reserve Fund. | ||||||
23 | In addition to any other contributions or payments, beginning | ||||||
24 | in State fiscal year 2018, each public university shall pay to | ||||||
25 | the Department of Central Management Services for deposit into |
| |||||||
| |||||||
1 | the Health Insurance Reserve Fund as set forth below. Each | ||||||
2 | university shall make equal payments on a quarterly basis. | ||||||
3 | For fiscal year 2018, the total annual amounts paid shall | ||||||
4 | be as follows: | ||||||
5 | Chicago State University $2,257,600 | ||||||
6 | Eastern Illinois University $3,807,300 | ||||||
7 | Governors State University $1,458,200 | ||||||
8 | Northeastern Illinois University $2,383,600 | ||||||
9 | Western Illinois University $4,321,800 | ||||||
10 | Illinois State University $6,840,700 | ||||||
11 | Northern Illinois University $7,869,600 | ||||||
12 | Southern Illinois University $15,725,100 | ||||||
13 | University of Illinois $55,318,100 | ||||||
14 | For fiscal year 2019 and each fiscal year thereafter, the | ||||||
15 | amounts to be paid in each fiscal year shall be as determined | ||||||
16 | by the Director, not to exceed 105% of the amounts required to | ||||||
17 | be paid by each public university in the previous fiscal year.
| ||||||
18 | ARTICLE 70. MEDICAID ASSISTANCE PROGRAM | ||||||
19 | Section 70-5. The Illinois Administrative Procedure Act is | ||||||
20 | amended by changing Section 5-45 as follows:
| ||||||
21 | (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45) | ||||||
22 | Sec. 5-45. Emergency rulemaking. | ||||||
23 | (a) "Emergency" means the existence of any situation that |
| |||||||
| |||||||
1 | any agency
finds reasonably constitutes a threat to the public | ||||||
2 | interest, safety, or
welfare. | ||||||
3 | (b) If any agency finds that an
emergency exists that | ||||||
4 | requires adoption of a rule upon fewer days than
is required by | ||||||
5 | Section 5-40 and states in writing its reasons for that
| ||||||
6 | finding, the agency may adopt an emergency rule without prior | ||||||
7 | notice or
hearing upon filing a notice of emergency rulemaking | ||||||
8 | with the Secretary of
State under Section 5-70. The notice | ||||||
9 | shall include the text of the
emergency rule and shall be | ||||||
10 | published in the Illinois Register. Consent
orders or other | ||||||
11 | court orders adopting settlements negotiated by an agency
may | ||||||
12 | be adopted under this Section. Subject to applicable | ||||||
13 | constitutional or
statutory provisions, an emergency rule | ||||||
14 | becomes effective immediately upon
filing under Section 5-65 or | ||||||
15 | at a stated date less than 10 days
thereafter. The agency's | ||||||
16 | finding and a statement of the specific reasons
for the finding | ||||||
17 | shall be filed with the rule. The agency shall take
reasonable | ||||||
18 | and appropriate measures to make emergency rules known to the
| ||||||
19 | persons who may be affected by them. | ||||||
20 | (c) An emergency rule may be effective for a period of not | ||||||
21 | longer than
150 days, but the agency's authority to adopt an | ||||||
22 | identical rule under Section
5-40 is not precluded. No | ||||||
23 | emergency rule may be adopted more
than once in any 24-month | ||||||
24 | period, except that this limitation on the number
of emergency | ||||||
25 | rules that may be adopted in a 24-month period does not apply
| ||||||
26 | to (i) emergency rules that make additions to and deletions |
| |||||||
| |||||||
1 | from the Drug
Manual under Section 5-5.16 of the Illinois | ||||||
2 | Public Aid Code or the
generic drug formulary under Section | ||||||
3 | 3.14 of the Illinois Food, Drug
and Cosmetic Act, (ii) | ||||||
4 | emergency rules adopted by the Pollution Control
Board before | ||||||
5 | July 1, 1997 to implement portions of the Livestock Management
| ||||||
6 | Facilities Act, (iii) emergency rules adopted by the Illinois | ||||||
7 | Department of Public Health under subsections (a) through (i) | ||||||
8 | of Section 2 of the Department of Public Health Act when | ||||||
9 | necessary to protect the public's health, (iv) emergency rules | ||||||
10 | adopted pursuant to subsection (n) of this Section, (v) | ||||||
11 | emergency rules adopted pursuant to subsection (o) of this | ||||||
12 | Section, or (vi) emergency rules adopted pursuant to subsection | ||||||
13 | (c-5) of this Section. Two or more emergency rules having | ||||||
14 | substantially the same
purpose and effect shall be deemed to be | ||||||
15 | a single rule for purposes of this
Section. | ||||||
16 | (c-5) To facilitate the maintenance of the program of group | ||||||
17 | health benefits provided to annuitants, survivors, and retired | ||||||
18 | employees under the State Employees Group Insurance Act of | ||||||
19 | 1971, rules to alter the contributions to be paid by the State, | ||||||
20 | annuitants, survivors, retired employees, or any combination | ||||||
21 | of those entities, for that program of group health benefits, | ||||||
22 | shall be adopted as emergency rules. The adoption of those | ||||||
23 | rules shall be considered an emergency and necessary for the | ||||||
24 | public interest, safety, and welfare. | ||||||
25 | (d) In order to provide for the expeditious and timely | ||||||
26 | implementation
of the State's fiscal year 1999 budget, |
| |||||||
| |||||||
1 | emergency rules to implement any
provision of Public Act 90-587 | ||||||
2 | or 90-588
or any other budget initiative for fiscal year 1999 | ||||||
3 | may be adopted in
accordance with this Section by the agency | ||||||
4 | charged with administering that
provision or initiative, | ||||||
5 | except that the 24-month limitation on the adoption
of | ||||||
6 | emergency rules and the provisions of Sections 5-115 and 5-125 | ||||||
7 | do not apply
to rules adopted under this subsection (d). The | ||||||
8 | adoption of emergency rules
authorized by this subsection (d) | ||||||
9 | shall be deemed to be necessary for the
public interest, | ||||||
10 | safety, and welfare. | ||||||
11 | (e) In order to provide for the expeditious and timely | ||||||
12 | implementation
of the State's fiscal year 2000 budget, | ||||||
13 | emergency rules to implement any
provision of Public Act 91-24
| ||||||
14 | or any other budget initiative for fiscal year 2000 may be | ||||||
15 | adopted in
accordance with this Section by the agency charged | ||||||
16 | with administering that
provision or initiative, except that | ||||||
17 | the 24-month limitation on the adoption
of emergency rules and | ||||||
18 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
19 | rules adopted under this subsection (e). The adoption of | ||||||
20 | emergency rules
authorized by this subsection (e) shall be | ||||||
21 | deemed to be necessary for the
public interest, safety, and | ||||||
22 | welfare. | ||||||
23 | (f) In order to provide for the expeditious and timely | ||||||
24 | implementation
of the State's fiscal year 2001 budget, | ||||||
25 | emergency rules to implement any
provision of Public Act 91-712
| ||||||
26 | or any other budget initiative for fiscal year 2001 may be |
| |||||||
| |||||||
1 | adopted in
accordance with this Section by the agency charged | ||||||
2 | with administering that
provision or initiative, except that | ||||||
3 | the 24-month limitation on the adoption
of emergency rules and | ||||||
4 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
5 | rules adopted under this subsection (f). The adoption of | ||||||
6 | emergency rules
authorized by this subsection (f) shall be | ||||||
7 | deemed to be necessary for the
public interest, safety, and | ||||||
8 | welfare. | ||||||
9 | (g) In order to provide for the expeditious and timely | ||||||
10 | implementation
of the State's fiscal year 2002 budget, | ||||||
11 | emergency rules to implement any
provision of Public Act 92-10
| ||||||
12 | or any other budget initiative for fiscal year 2002 may be | ||||||
13 | adopted in
accordance with this Section by the agency charged | ||||||
14 | with administering that
provision or initiative, except that | ||||||
15 | the 24-month limitation on the adoption
of emergency rules and | ||||||
16 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
17 | rules adopted under this subsection (g). The adoption of | ||||||
18 | emergency rules
authorized by this subsection (g) shall be | ||||||
19 | deemed to be necessary for the
public interest, safety, and | ||||||
20 | welfare. | ||||||
21 | (h) In order to provide for the expeditious and timely | ||||||
22 | implementation
of the State's fiscal year 2003 budget, | ||||||
23 | emergency rules to implement any
provision of Public Act 92-597
| ||||||
24 | or any other budget initiative for fiscal year 2003 may be | ||||||
25 | adopted in
accordance with this Section by the agency charged | ||||||
26 | with administering that
provision or initiative, except that |
| |||||||
| |||||||
1 | the 24-month limitation on the adoption
of emergency rules and | ||||||
2 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
3 | rules adopted under this subsection (h). The adoption of | ||||||
4 | emergency rules
authorized by this subsection (h) shall be | ||||||
5 | deemed to be necessary for the
public interest, safety, and | ||||||
6 | welfare. | ||||||
7 | (i) In order to provide for the expeditious and timely | ||||||
8 | implementation
of the State's fiscal year 2004 budget, | ||||||
9 | emergency rules to implement any
provision of Public Act 93-20
| ||||||
10 | or any other budget initiative for fiscal year 2004 may be | ||||||
11 | adopted in
accordance with this Section by the agency charged | ||||||
12 | with administering that
provision or initiative, except that | ||||||
13 | the 24-month limitation on the adoption
of emergency rules and | ||||||
14 | the provisions of Sections 5-115 and 5-125 do not apply
to | ||||||
15 | rules adopted under this subsection (i). The adoption of | ||||||
16 | emergency rules
authorized by this subsection (i) shall be | ||||||
17 | deemed to be necessary for the
public interest, safety, and | ||||||
18 | welfare. | ||||||
19 | (j) In order to provide for the expeditious and timely | ||||||
20 | implementation of the provisions of the State's fiscal year | ||||||
21 | 2005 budget as provided under the Fiscal Year 2005 Budget | ||||||
22 | Implementation (Human Services) Act, emergency rules to | ||||||
23 | implement any provision of the Fiscal Year 2005 Budget | ||||||
24 | Implementation (Human Services) Act may be adopted in | ||||||
25 | accordance with this Section by the agency charged with | ||||||
26 | administering that provision, except that the 24-month |
| |||||||
| |||||||
1 | limitation on the adoption of emergency rules and the | ||||||
2 | provisions of Sections 5-115 and 5-125 do not apply to rules | ||||||
3 | adopted under this subsection (j). The Department of Public Aid | ||||||
4 | may also adopt rules under this subsection (j) necessary to | ||||||
5 | administer the Illinois Public Aid Code and the Children's | ||||||
6 | Health Insurance Program Act. The adoption of emergency rules | ||||||
7 | authorized by this subsection (j) shall be deemed to be | ||||||
8 | necessary for the public interest, safety, and welfare.
| ||||||
9 | (k) In order to provide for the expeditious and timely | ||||||
10 | implementation of the provisions of the State's fiscal year | ||||||
11 | 2006 budget, emergency rules to implement any provision of | ||||||
12 | Public Act 94-48 or any other budget initiative for fiscal year | ||||||
13 | 2006 may be adopted in accordance with this Section by the | ||||||
14 | agency charged with administering that provision or | ||||||
15 | initiative, except that the 24-month limitation on the adoption | ||||||
16 | of emergency rules and the provisions of Sections 5-115 and | ||||||
17 | 5-125 do not apply to rules adopted under this subsection (k). | ||||||
18 | The Department of Healthcare and Family Services may also adopt | ||||||
19 | rules under this subsection (k) necessary to administer the | ||||||
20 | Illinois Public Aid Code, the Senior Citizens and Persons with | ||||||
21 | Disabilities Property Tax Relief Act, the Senior Citizens and | ||||||
22 | Disabled Persons Prescription Drug Discount Program Act (now | ||||||
23 | the Illinois Prescription Drug Discount Program Act), and the | ||||||
24 | Children's Health Insurance Program Act. The adoption of | ||||||
25 | emergency rules authorized by this subsection (k) shall be | ||||||
26 | deemed to be necessary for the public interest, safety, and |
| |||||||
| |||||||
1 | welfare.
| ||||||
2 | (l) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of the
State's fiscal year | ||||||
4 | 2007 budget, the Department of Healthcare and Family Services | ||||||
5 | may adopt emergency rules during fiscal year 2007, including | ||||||
6 | rules effective July 1, 2007, in
accordance with this | ||||||
7 | subsection to the extent necessary to administer the | ||||||
8 | Department's responsibilities with respect to amendments to | ||||||
9 | the State plans and Illinois waivers approved by the federal | ||||||
10 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
11 | requirements of Title XIX and Title XXI of the federal Social | ||||||
12 | Security Act. The adoption of emergency rules
authorized by | ||||||
13 | this subsection (l) shall be deemed to be necessary for the | ||||||
14 | public interest,
safety, and welfare.
| ||||||
15 | (m) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of the
State's fiscal year | ||||||
17 | 2008 budget, the Department of Healthcare and Family Services | ||||||
18 | may adopt emergency rules during fiscal year 2008, including | ||||||
19 | rules effective July 1, 2008, in
accordance with this | ||||||
20 | subsection to the extent necessary to administer the | ||||||
21 | Department's responsibilities with respect to amendments to | ||||||
22 | the State plans and Illinois waivers approved by the federal | ||||||
23 | Centers for Medicare and Medicaid Services necessitated by the | ||||||
24 | requirements of Title XIX and Title XXI of the federal Social | ||||||
25 | Security Act. The adoption of emergency rules
authorized by | ||||||
26 | this subsection (m) shall be deemed to be necessary for the |
| |||||||
| |||||||
1 | public interest,
safety, and welfare.
| ||||||
2 | (n) In order to provide for the expeditious and timely | ||||||
3 | implementation of the provisions of the State's fiscal year | ||||||
4 | 2010 budget, emergency rules to implement any provision of | ||||||
5 | Public Act 96-45 or any other budget initiative authorized by | ||||||
6 | the 96th General Assembly for fiscal year 2010 may be adopted | ||||||
7 | in accordance with this Section by the agency charged with | ||||||
8 | administering that provision or initiative. The adoption of | ||||||
9 | emergency rules authorized by this subsection (n) shall be | ||||||
10 | deemed to be necessary for the public interest, safety, and | ||||||
11 | welfare. The rulemaking authority granted in this subsection | ||||||
12 | (n) shall apply only to rules promulgated during Fiscal Year | ||||||
13 | 2010. | ||||||
14 | (o) In order to provide for the expeditious and timely | ||||||
15 | implementation of the provisions of the State's fiscal year | ||||||
16 | 2011 budget, emergency rules to implement any provision of | ||||||
17 | Public Act 96-958 or any other budget initiative authorized by | ||||||
18 | the 96th General Assembly for fiscal year 2011 may be adopted | ||||||
19 | in accordance with this Section by the agency charged with | ||||||
20 | administering that provision or initiative. The adoption of | ||||||
21 | emergency rules authorized by this subsection (o) is deemed to | ||||||
22 | be necessary for the public interest, safety, and welfare. The | ||||||
23 | rulemaking authority granted in this subsection (o) applies | ||||||
24 | only to rules promulgated on or after July 1, 2010 (the | ||||||
25 | effective date of Public Act 96-958) through June 30, 2011. | ||||||
26 | (p) In order to provide for the expeditious and timely |
| |||||||
| |||||||
1 | implementation of the provisions of Public Act 97-689, | ||||||
2 | emergency rules to implement any provision of Public Act 97-689 | ||||||
3 | may be adopted in accordance with this subsection (p) by the | ||||||
4 | agency charged with administering that provision or | ||||||
5 | initiative. The 150-day limitation of the effective period of | ||||||
6 | emergency rules does not apply to rules adopted under this | ||||||
7 | subsection (p), and the effective period may continue through | ||||||
8 | June 30, 2013. The 24-month limitation on the adoption of | ||||||
9 | emergency rules does not apply to rules adopted under this | ||||||
10 | subsection (p). The adoption of emergency rules authorized by | ||||||
11 | this subsection (p) is deemed to be necessary for the public | ||||||
12 | interest, safety, and welfare. | ||||||
13 | (q) In order to provide for the expeditious and timely | ||||||
14 | implementation of the provisions of Articles 7, 8, 9, 11, and | ||||||
15 | 12 of Public Act 98-104, emergency rules to implement any | ||||||
16 | provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104 | ||||||
17 | may be adopted in accordance with this subsection (q) by the | ||||||
18 | agency charged with administering that provision or | ||||||
19 | initiative. The 24-month limitation on the adoption of | ||||||
20 | emergency rules does not apply to rules adopted under this | ||||||
21 | subsection (q). The adoption of emergency rules authorized by | ||||||
22 | this subsection (q) is deemed to be necessary for the public | ||||||
23 | interest, safety, and welfare. | ||||||
24 | (r) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Public Act 98-651, | ||||||
26 | emergency rules to implement Public Act 98-651 may be adopted |
| |||||||
| |||||||
1 | in accordance with this subsection (r) by the Department of | ||||||
2 | Healthcare and Family Services. The 24-month limitation on the | ||||||
3 | adoption of emergency rules does not apply to rules adopted | ||||||
4 | under this subsection (r). The adoption of emergency rules | ||||||
5 | authorized by this subsection (r) is deemed to be necessary for | ||||||
6 | the public interest, safety, and welfare. | ||||||
7 | (s) In order to provide for the expeditious and timely | ||||||
8 | implementation of the provisions of Sections 5-5b.1 and 5A-2 of | ||||||
9 | the Illinois Public Aid Code, emergency rules to implement any | ||||||
10 | provision of Section 5-5b.1 or Section 5A-2 of the Illinois | ||||||
11 | Public Aid Code may be adopted in accordance with this | ||||||
12 | subsection (s) by the Department of Healthcare and Family | ||||||
13 | Services. The rulemaking authority granted in this subsection | ||||||
14 | (s) shall apply only to those rules adopted prior to July 1, | ||||||
15 | 2015. Notwithstanding any other provision of this Section, any | ||||||
16 | emergency rule adopted under this subsection (s) shall only | ||||||
17 | apply to payments made for State fiscal year 2015. The adoption | ||||||
18 | of emergency rules authorized by this subsection (s) is deemed | ||||||
19 | to be necessary for the public interest, safety, and welfare. | ||||||
20 | (t) In order to provide for the expeditious and timely | ||||||
21 | implementation of the provisions of Article II of Public Act | ||||||
22 | 99-6, emergency rules to implement the changes made by Article | ||||||
23 | II of Public Act 99-6 to the Emergency Telephone System Act may | ||||||
24 | be adopted in accordance with this subsection (t) by the | ||||||
25 | Department of State Police. The rulemaking authority granted in | ||||||
26 | this subsection (t) shall apply only to those rules adopted |
| |||||||
| |||||||
1 | prior to July 1, 2016. The 24-month limitation on the adoption | ||||||
2 | of emergency rules does not apply to rules adopted under this | ||||||
3 | subsection (t). The adoption of emergency rules authorized by | ||||||
4 | this subsection (t) is deemed to be necessary for the public | ||||||
5 | interest, safety, and welfare. | ||||||
6 | (u) In order to provide for the expeditious and timely | ||||||
7 | implementation of the provisions of the Burn Victims Relief | ||||||
8 | Act, emergency rules to implement any provision of the Act may | ||||||
9 | be adopted in accordance with this subsection (u) by the | ||||||
10 | Department of Insurance. The rulemaking authority granted in | ||||||
11 | this subsection (u) shall apply only to those rules adopted | ||||||
12 | prior to December 31, 2015. The adoption of emergency rules | ||||||
13 | authorized by this subsection (u) is deemed to be necessary for | ||||||
14 | the public interest, safety, and welfare. | ||||||
15 | (v) In order to provide for the expeditious and timely | ||||||
16 | implementation of the provisions of Public Act 99-516, | ||||||
17 | emergency rules to implement Public Act 99-516 may be adopted | ||||||
18 | in accordance with this subsection (v) by the Department of | ||||||
19 | Healthcare and Family Services. The 24-month limitation on the | ||||||
20 | adoption of emergency rules does not apply to rules adopted | ||||||
21 | under this subsection (v). The adoption of emergency rules | ||||||
22 | authorized by this subsection (v) is deemed to be necessary for | ||||||
23 | the public interest, safety, and welfare. | ||||||
24 | (w) In order to provide for the expeditious and timely | ||||||
25 | implementation of the provisions of Public Act 99-796, | ||||||
26 | emergency rules to implement the changes made by Public Act |
| |||||||
| |||||||
1 | 99-796 may be adopted in accordance with this subsection (w) by | ||||||
2 | the Adjutant General. The adoption of emergency rules | ||||||
3 | authorized by this subsection (w) is deemed to be necessary for | ||||||
4 | the public interest, safety, and welfare. | ||||||
5 | (x) In order to provide for the expeditious and timely | ||||||
6 | implementation of the provisions of Public Act 99-906 this | ||||||
7 | amendatory Act of the 99th General Assembly , emergency rules to | ||||||
8 | implement subsection (i) of Section 16-115D, subsection (g) of | ||||||
9 | Section 16-128A, and subsection (a) of Section 16-128B of the | ||||||
10 | Public Utilities Act may be adopted in accordance with this | ||||||
11 | subsection (x) by the Illinois Commerce Commission. The | ||||||
12 | rulemaking authority granted in this subsection (x) shall apply | ||||||
13 | only to those rules adopted within 180 days after June 1, 2017 | ||||||
14 | ( the effective date of Public Act 99-906) this amendatory Act | ||||||
15 | of the 99th General Assembly . The adoption of emergency rules | ||||||
16 | authorized by this subsection (x) is deemed to be necessary for | ||||||
17 | the public interest, safety, and welfare. | ||||||
18 | (y) In order to provide for the expeditious and timely | ||||||
19 | implementation of this amendatory Act of the 100th General | ||||||
20 | Assembly, and any other such Act authorized by the 100th | ||||||
21 | General Assembly related to rate reductions for services | ||||||
22 | covered under the Medical Assistance Program, provider | ||||||
23 | assessments or fees authorized under Article 5A of the Illinois | ||||||
24 | Public Aid Code, and a long term care Minimum Data Set (MDS) | ||||||
25 | audit vendor and timeframes for such audits, the Department of | ||||||
26 | Healthcare and Family Services or the agency charged with |
| |||||||
| |||||||
1 | administering that provision or initiative may adopt emergency | ||||||
2 | rules in accordance with this subsection (y) during fiscal year | ||||||
3 | 2018, including rules effective July 1, 2017. The 150-day | ||||||
4 | limitation of the effective period of emergency rules does not | ||||||
5 | apply to rules adopted under this subsection (y), and the | ||||||
6 | effective period may continue through June 30, 2018. The | ||||||
7 | 24-month limitation on the adoption of emergency rules does not | ||||||
8 | apply to rules adopted under this subsection (y). The adoption | ||||||
9 | of emergency rules authorized by this subsection (y) shall be | ||||||
10 | deemed to be necessary for the public interest, safety, and | ||||||
11 | welfare. | ||||||
12 | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||||||
13 | 98-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16; | ||||||
14 | 99-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff. | ||||||
15 | 6-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906, | ||||||
16 | eff. 6-1-17; revised 1-1-17.)
| ||||||
17 | Section 70-10. The Illinois Procurement Code is amended by | ||||||
18 | changing Section 1-10 as follows:
| ||||||
19 | (30 ILCS 500/1-10)
| ||||||
20 | Sec. 1-10. Application.
| ||||||
21 | (a) This Code applies only to procurements for which | ||||||
22 | bidders, offerors, potential contractors, or contractors were | ||||||
23 | first
solicited on or after July 1, 1998. This Code shall not | ||||||
24 | be construed to affect
or impair any contract, or any provision |
| |||||||
| |||||||
1 | of a contract, entered into based on a
solicitation prior to | ||||||
2 | the implementation date of this Code as described in
Article | ||||||
3 | 99, including but not limited to any covenant entered into with | ||||||
4 | respect
to any revenue bonds or similar instruments.
All | ||||||
5 | procurements for which contracts are solicited between the | ||||||
6 | effective date
of Articles 50 and 99 and July 1, 1998 shall be | ||||||
7 | substantially in accordance
with this Code and its intent.
| ||||||
8 | (b) This Code shall apply regardless of the source of the | ||||||
9 | funds with which
the contracts are paid, including federal | ||||||
10 | assistance moneys.
This Code shall
not apply to:
| ||||||
11 | (1) Contracts between the State and its political | ||||||
12 | subdivisions or other
governments, or between State | ||||||
13 | governmental bodies except as specifically
provided in | ||||||
14 | this Code.
| ||||||
15 | (2) Grants, except for the filing requirements of | ||||||
16 | Section 20-80.
| ||||||
17 | (3) Purchase of care.
| ||||||
18 | (4) Hiring of an individual as employee and not as an | ||||||
19 | independent
contractor, whether pursuant to an employment | ||||||
20 | code or policy or by contract
directly with that | ||||||
21 | individual.
| ||||||
22 | (5) Collective bargaining contracts.
| ||||||
23 | (6) Purchase of real estate, except that notice of this | ||||||
24 | type of contract with a value of more than $25,000 must be | ||||||
25 | published in the Procurement Bulletin within 10 calendar | ||||||
26 | days after the deed is recorded in the county of |
| |||||||
| |||||||
1 | jurisdiction. The notice shall identify the real estate | ||||||
2 | purchased, the names of all parties to the contract, the | ||||||
3 | value of the contract, and the effective date of the | ||||||
4 | contract.
| ||||||
5 | (7) Contracts necessary to prepare for anticipated | ||||||
6 | litigation, enforcement
actions, or investigations, | ||||||
7 | provided
that the chief legal counsel to the Governor shall | ||||||
8 | give his or her prior
approval when the procuring agency is | ||||||
9 | one subject to the jurisdiction of the
Governor, and | ||||||
10 | provided that the chief legal counsel of any other | ||||||
11 | procuring
entity
subject to this Code shall give his or her | ||||||
12 | prior approval when the procuring
entity is not one subject | ||||||
13 | to the jurisdiction of the Governor.
| ||||||
14 | (8) Contracts for
services to Northern Illinois | ||||||
15 | University by a person, acting as
an independent | ||||||
16 | contractor, who is qualified by education, experience, and
| ||||||
17 | technical ability and is selected by negotiation for the | ||||||
18 | purpose of providing
non-credit educational service | ||||||
19 | activities or products by means of specialized
programs | ||||||
20 | offered by the university.
| ||||||
21 | (9) Procurement expenditures by the Illinois | ||||||
22 | Conservation Foundation
when only private funds are used.
| ||||||
23 | (10) Procurement expenditures by the Illinois Health | ||||||
24 | Information Exchange Authority involving private funds | ||||||
25 | from the Health Information Exchange Fund. "Private funds" | ||||||
26 | means gifts, donations, and private grants. |
| |||||||
| |||||||
1 | (11) Public-private agreements entered into according | ||||||
2 | to the procurement requirements of Section 20 of the | ||||||
3 | Public-Private Partnerships for Transportation Act and | ||||||
4 | design-build agreements entered into according to the | ||||||
5 | procurement requirements of Section 25 of the | ||||||
6 | Public-Private Partnerships for Transportation Act. | ||||||
7 | (12) Contracts for legal, financial, and other | ||||||
8 | professional and artistic services entered into on or | ||||||
9 | before December 31, 2018 by the Illinois Finance Authority | ||||||
10 | in which the State of Illinois is not obligated. Such | ||||||
11 | contracts shall be awarded through a competitive process | ||||||
12 | authorized by the Board of the Illinois Finance Authority | ||||||
13 | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | ||||||
14 | 50-35, and 50-37 of this Code, as well as the final | ||||||
15 | approval by the Board of the Illinois Finance Authority of | ||||||
16 | the terms of the contract. | ||||||
17 | (13) The provisions of this paragraph (13), other than | ||||||
18 | this sentence, are inoperative on and after January 1, 2019 | ||||||
19 | or 2 years after the effective date of this amendatory Act | ||||||
20 | of the 99th General Assembly, whichever is later. Contracts | ||||||
21 | for services, commodities, and equipment to support the | ||||||
22 | delivery of timely forensic science services in | ||||||
23 | consultation with and subject to the approval of the Chief | ||||||
24 | Procurement Officer as provided in subsection (d) of | ||||||
25 | Section 5-4-3a of the Unified Code of Corrections, except | ||||||
26 | for the requirements of Sections 20-60, 20-65, 20-70, and |
| |||||||
| |||||||
1 | 20-160 and Article 50 of this Code; however, the Chief | ||||||
2 | Procurement Officer may, in writing with justification, | ||||||
3 | waive any certification required under Article 50 of this | ||||||
4 | Code. For any contracts for services which are currently | ||||||
5 | provided by members of a collective bargaining agreement, | ||||||
6 | the applicable terms of the collective bargaining | ||||||
7 | agreement concerning subcontracting shall be followed. | ||||||
8 | Notwithstanding any other provision of law, contracts | ||||||
9 | entered into under item (12) of this subsection (b) shall be | ||||||
10 | published in the Procurement Bulletin within 14 calendar days | ||||||
11 | after contract execution. The chief procurement officer shall | ||||||
12 | prescribe the form and content of the notice. The Illinois | ||||||
13 | Finance Authority shall provide the chief procurement officer, | ||||||
14 | on a monthly basis, in the form and content prescribed by the | ||||||
15 | chief procurement officer, a report of contracts that are | ||||||
16 | related to the procurement of goods and services identified in | ||||||
17 | item (12) of this subsection (b). At a minimum, this report | ||||||
18 | shall include the name of the contractor, a description of the | ||||||
19 | supply or service provided, the total amount of the contract, | ||||||
20 | the term of the contract, and the exception to the Code | ||||||
21 | utilized. A copy of each of these contracts shall be made | ||||||
22 | available to the chief procurement officer immediately upon | ||||||
23 | request. The chief procurement officer shall submit a report to | ||||||
24 | the Governor and General Assembly no later than November 1 of | ||||||
25 | each year that shall include, at a minimum, an annual summary | ||||||
26 | of the monthly information reported to the chief procurement |
| |||||||
| |||||||
1 | officer. | ||||||
2 | (c) This Code does not apply to the electric power | ||||||
3 | procurement process provided for under Section 1-75 of the | ||||||
4 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
5 | Utilities Act. | ||||||
6 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
7 | and as expressly required by Section 9.1 of the Illinois | ||||||
8 | Lottery Law, the provisions of this Code do not apply to the | ||||||
9 | procurement process provided for under Section 9.1 of the | ||||||
10 | Illinois Lottery Law. | ||||||
11 | (e) This Code does not apply to the process used by the | ||||||
12 | Capital Development Board to retain a person or entity to | ||||||
13 | assist the Capital Development Board with its duties related to | ||||||
14 | the determination of costs of a clean coal SNG brownfield | ||||||
15 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
16 | Agency Act, as required in subsection (h-3) of Section 9-220 of | ||||||
17 | the Public Utilities Act, including calculating the range of | ||||||
18 | capital costs, the range of operating and maintenance costs, or | ||||||
19 | the sequestration costs or monitoring the construction of clean | ||||||
20 | coal SNG brownfield facility for the full duration of | ||||||
21 | construction. | ||||||
22 | (f) This Code does not apply to the process used by the | ||||||
23 | Illinois Power Agency to retain a mediator to mediate sourcing | ||||||
24 | agreement disputes between gas utilities and the clean coal SNG | ||||||
25 | brownfield facility, as defined in Section 1-10 of the Illinois | ||||||
26 | Power Agency Act, as required under subsection (h-1) of Section |
| |||||||
| |||||||
1 | 9-220 of the Public Utilities Act. | ||||||
2 | (g) This Code does not apply to the processes used by the | ||||||
3 | Illinois Power Agency to retain a mediator to mediate contract | ||||||
4 | disputes between gas utilities and the clean coal SNG facility | ||||||
5 | and to retain an expert to assist in the review of contracts | ||||||
6 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
7 | Act. This Code does not apply to the process used by the | ||||||
8 | Illinois Commerce Commission to retain an expert to assist in | ||||||
9 | determining the actual incurred costs of the clean coal SNG | ||||||
10 | facility and the reasonableness of those costs as required | ||||||
11 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
12 | Act. | ||||||
13 | (h) This Code does not apply to the process to procure or | ||||||
14 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
15 | 11-5.3 of the Illinois Public Aid Code. | ||||||
16 | (i) Each chief procurement officer may access records | ||||||
17 | necessary to review whether a contract, purchase, or other | ||||||
18 | expenditure is or is not subject to the provisions of this | ||||||
19 | Code, unless such records would be subject to attorney-client | ||||||
20 | privilege. | ||||||
21 | (j) This Code does not apply to the process used by the | ||||||
22 | Capital Development Board to retain an artist or work or works | ||||||
23 | of art as required in Section 14 of the Capital Development | ||||||
24 | Board Act. | ||||||
25 | (k) This Code does not apply to the process to procure | ||||||
26 | contracts, or contracts entered into, by the State Board of |
| |||||||
| |||||||
1 | Elections or the State Electoral Board for hearing officers | ||||||
2 | appointed pursuant to the Election Code. | ||||||
3 | (l) This Code does not apply to the process to procure | ||||||
4 | contracts, or contracts entered into, in accordance with | ||||||
5 | subsection (j) of Section 5-5.2 of the Illinois Public Aid | ||||||
6 | Code. | ||||||
7 | (Source: P.A. 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | ||||||
8 | 98-572, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1076, eff. | ||||||
9 | 1-1-15; 99-801, eff. 1-1-17 .)
| ||||||
10 | Section 70-15. The Illinois Public Aid Code is amended by | ||||||
11 | changing Sections 5-5.2, 5-5e, 5A-2, and 5A-8 as follows:
| ||||||
12 | (305 ILCS 5/5-5.2) (from Ch. 23, par. 5-5.2)
| ||||||
13 | Sec. 5-5.2. Payment.
| ||||||
14 | (a) All nursing facilities that are grouped pursuant to | ||||||
15 | Section
5-5.1 of this Act shall receive the same rate of | ||||||
16 | payment for similar
services.
| ||||||
17 | (b) It shall be a matter of State policy that the Illinois | ||||||
18 | Department
shall utilize a uniform billing cycle throughout the | ||||||
19 | State for the
long-term care providers.
| ||||||
20 | (c) Notwithstanding any other provisions of this Code, the | ||||||
21 | methodologies for reimbursement of nursing services as | ||||||
22 | provided under this Article shall no longer be applicable for | ||||||
23 | bills payable for nursing services rendered on or after a new | ||||||
24 | reimbursement system based on the Resource Utilization Groups |
| |||||||
| |||||||
1 | (RUGs) has been fully operationalized, which shall take effect | ||||||
2 | for services provided on or after January 1, 2014. | ||||||
3 | (d) The new nursing services reimbursement methodology | ||||||
4 | utilizing RUG-IV 48 grouper model, which shall be referred to | ||||||
5 | as the RUGs reimbursement system, taking effect January 1, | ||||||
6 | 2014, shall be based on the following: | ||||||
7 | (1) The methodology shall be resident-driven, | ||||||
8 | facility-specific, and cost-based. | ||||||
9 | (2) Costs shall be annually rebased and case mix index | ||||||
10 | quarterly updated. The nursing services methodology will | ||||||
11 | be assigned to the Medicaid enrolled residents on record as | ||||||
12 | of 30 days prior to the beginning of the rate period in the | ||||||
13 | Department's Medicaid Management Information System (MMIS) | ||||||
14 | as present on the last day of the second quarter preceding | ||||||
15 | the rate period based upon the Assessment Reference Date of | ||||||
16 | the Minimum Data Set (MDS). | ||||||
17 | (3) Regional wage adjustors based on the Health Service | ||||||
18 | Areas (HSA) groupings and adjusters in effect on April 30, | ||||||
19 | 2012 shall be included. | ||||||
20 | (4) Case mix index shall be assigned to each resident | ||||||
21 | class based on the Centers for Medicare and Medicaid | ||||||
22 | Services staff time measurement study in effect on July 1, | ||||||
23 | 2013, utilizing an index maximization approach. | ||||||
24 | (5) The pool of funds available for distribution by | ||||||
25 | case mix and the base facility rate shall be determined | ||||||
26 | using the formula contained in subsection (d-1). |
| |||||||
| |||||||
1 | (d-1) Calculation of base year Statewide RUG-IV nursing | ||||||
2 | base per diem rate. | ||||||
3 | (1) Base rate spending pool shall be: | ||||||
4 | (A) The base year resident days which are | ||||||
5 | calculated by multiplying the number of Medicaid | ||||||
6 | residents in each nursing home as indicated in the MDS | ||||||
7 | data defined in paragraph (4) by 365. | ||||||
8 | (B) Each facility's nursing component per diem in | ||||||
9 | effect on July 1, 2012 shall be multiplied by | ||||||
10 | subsection (A). | ||||||
11 | (C) Thirteen million is added to the product of | ||||||
12 | subparagraph (A) and subparagraph (B) to adjust for the | ||||||
13 | exclusion of nursing homes defined in paragraph (5). | ||||||
14 | (2) For each nursing home with Medicaid residents as | ||||||
15 | indicated by the MDS data defined in paragraph (4), | ||||||
16 | weighted days adjusted for case mix and regional wage | ||||||
17 | adjustment shall be calculated. For each home this | ||||||
18 | calculation is the product of: | ||||||
19 | (A) Base year resident days as calculated in | ||||||
20 | subparagraph (A) of paragraph (1). | ||||||
21 | (B) The nursing home's regional wage adjustor | ||||||
22 | based on the Health Service Areas (HSA) groupings and | ||||||
23 | adjustors in effect on April 30, 2012. | ||||||
24 | (C) Facility weighted case mix which is the number | ||||||
25 | of Medicaid residents as indicated by the MDS data | ||||||
26 | defined in paragraph (4) multiplied by the associated |
| |||||||
| |||||||
1 | case weight for the RUG-IV 48 grouper model using | ||||||
2 | standard RUG-IV procedures for index maximization. | ||||||
3 | (D) The sum of the products calculated for each | ||||||
4 | nursing home in subparagraphs (A) through (C) above | ||||||
5 | shall be the base year case mix, rate adjusted weighted | ||||||
6 | days. | ||||||
7 | (3) The Statewide RUG-IV nursing base per diem rate: | ||||||
8 | (A) on January 1, 2014 shall be the quotient of the | ||||||
9 | paragraph (1) divided by the sum calculated under | ||||||
10 | subparagraph (D) of paragraph (2); and | ||||||
11 | (B) on and after July 1, 2014, shall be the amount | ||||||
12 | calculated under subparagraph (A) of this paragraph | ||||||
13 | (3) plus $1.76. | ||||||
14 | (4) Minimum Data Set (MDS) comprehensive assessments | ||||||
15 | for Medicaid residents on the last day of the quarter used | ||||||
16 | to establish the base rate. | ||||||
17 | (5) Nursing facilities designated as of July 1, 2012 by | ||||||
18 | the Department as "Institutions for Mental Disease" shall | ||||||
19 | be excluded from all calculations under this subsection. | ||||||
20 | The data from these facilities shall not be used in the | ||||||
21 | computations described in paragraphs (1) through (4) above | ||||||
22 | to establish the base rate. | ||||||
23 | (e) Beginning July 1, 2014, the Department shall allocate | ||||||
24 | funding in the amount up to $10,000,000 for per diem add-ons to | ||||||
25 | the RUGS methodology for dates of service on and after July 1, | ||||||
26 | 2014: |
| |||||||
| |||||||
1 | (1) $0.63 for each resident who scores in I4200 | ||||||
2 | Alzheimer's Disease or I4800 non-Alzheimer's Dementia. | ||||||
3 | (2) $2.67 for each resident who scores either a "1" or | ||||||
4 | "2" in any items S1200A through S1200I and also scores in | ||||||
5 | RUG groups PA1, PA2, BA1, or BA2. | ||||||
6 | (e-1) (Blank). | ||||||
7 | (e-2) For dates of services beginning January 1, 2014, the | ||||||
8 | RUG-IV nursing component per diem for a nursing home shall be | ||||||
9 | the product of the statewide RUG-IV nursing base per diem rate, | ||||||
10 | the facility average case mix index, and the regional wage | ||||||
11 | adjustor. Transition rates for services provided between | ||||||
12 | January 1, 2014 and December 31, 2014 shall be as follows: | ||||||
13 | (1) The transition RUG-IV per diem nursing rate for | ||||||
14 | nursing homes whose rate calculated in this subsection | ||||||
15 | (e-2) is greater than the nursing component rate in effect | ||||||
16 | July 1, 2012 shall be paid the sum of: | ||||||
17 | (A) The nursing component rate in effect July 1, | ||||||
18 | 2012; plus | ||||||
19 | (B) The difference of the RUG-IV nursing component | ||||||
20 | per diem calculated for the current quarter minus the | ||||||
21 | nursing component rate in effect July 1, 2012 | ||||||
22 | multiplied by 0.88. | ||||||
23 | (2) The transition RUG-IV per diem nursing rate for | ||||||
24 | nursing homes whose rate calculated in this subsection | ||||||
25 | (e-2) is less than the nursing component rate in effect | ||||||
26 | July 1, 2012 shall be paid the sum of: |
| |||||||
| |||||||
1 | (A) The nursing component rate in effect July 1, | ||||||
2 | 2012; plus | ||||||
3 | (B) The difference of the RUG-IV nursing component | ||||||
4 | per diem calculated for the current quarter minus the | ||||||
5 | nursing component rate in effect July 1, 2012 | ||||||
6 | multiplied by 0.13. | ||||||
7 | (f) Notwithstanding any other provision of this Code, on | ||||||
8 | and after July 1, 2012, reimbursement rates associated with the | ||||||
9 | nursing or support components of the current nursing facility | ||||||
10 | rate methodology shall not increase beyond the level effective | ||||||
11 | May 1, 2011 until a new reimbursement system based on the RUGs | ||||||
12 | IV 48 grouper model has been fully operationalized. | ||||||
13 | (g) Notwithstanding any other provision of this Code, on | ||||||
14 | and after July 1, 2012, for facilities not designated by the | ||||||
15 | Department of Healthcare and Family Services as "Institutions | ||||||
16 | for Mental Disease", rates effective May 1, 2011 shall be | ||||||
17 | adjusted as follows: | ||||||
18 | (1) Individual nursing rates for residents classified | ||||||
19 | in RUG IV groups PA1, PA2, BA1, and BA2 during the quarter | ||||||
20 | ending March 31, 2012 shall be reduced by 10%; | ||||||
21 | (2) Individual nursing rates for residents classified | ||||||
22 | in all other RUG IV groups shall be reduced by 1.0%; | ||||||
23 | (3) Facility rates for the capital and support | ||||||
24 | components shall be reduced by 1.7%. | ||||||
25 | (h) Notwithstanding any other provision of this Code, on | ||||||
26 | and after July 1, 2012, nursing facilities designated by the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services as "Institutions | ||||||
2 | for Mental Disease" and "Institutions for Mental Disease" that | ||||||
3 | are facilities licensed under the Specialized Mental Health | ||||||
4 | Rehabilitation Act of 2013 shall have the nursing, | ||||||
5 | socio-developmental, capital, and support components of their | ||||||
6 | reimbursement rate effective May 1, 2011 reduced in total by | ||||||
7 | 2.7%. | ||||||
8 | (i) On and after July 1, 2014, the reimbursement rates for | ||||||
9 | the support component of the nursing facility rate for | ||||||
10 | facilities licensed under the Nursing Home Care Act as skilled | ||||||
11 | or intermediate care facilities shall be the rate in effect on | ||||||
12 | June 30, 2014 increased by 8.17%. | ||||||
13 | (j) Because using a vendor will provide greater efficiency | ||||||
14 | and economy than not using a vendor, the Department shall | ||||||
15 | contract with a vendor to conduct periodic on-site and desk | ||||||
16 | reviews of nursing facilities to determine the accuracy of | ||||||
17 | resident assessment information transmitted in the MDS that is | ||||||
18 | relevant to the determination of reimbursement rates. During | ||||||
19 | the reviews, the Department may review up to 2 years of | ||||||
20 | quarterly MDS assessments at a time. Nothing in this subsection | ||||||
21 | (j) shall be construed to limit any on-site or desk review to | ||||||
22 | the 2-year period immediately preceding the review. Reviews may | ||||||
23 | be conducted as frequently as the Department deems necessary. | ||||||
24 | The Department may adopt emergency rules necessary to implement | ||||||
25 | this subsection (j) in accordance with subsection (y) of | ||||||
26 | Section 5-45 of the Illinois Administrative Procedure Act. |
| |||||||
| |||||||
1 | (Source: P.A. 98-104, Article 6, Section 6-240, eff. 7-22-13; | ||||||
2 | 98-104, Article 11, Section 11-35, eff. 7-22-13; 98-651, eff. | ||||||
3 | 6-16-14; 98-727, eff. 7-16-14; 98-756, eff. 7-16-14; 99-78, | ||||||
4 | eff. 7-20-15.)
| ||||||
5 | (305 ILCS 5/5-5e) | ||||||
6 | Sec. 5-5e. Adjusted rates of reimbursement. | ||||||
7 | (a) Rates or payments for services in effect on June 30, | ||||||
8 | 2012 shall be adjusted and
services shall be affected as | ||||||
9 | required by any other provision of Public Act 97-689. In | ||||||
10 | addition, the Department shall do the following: | ||||||
11 | (1) Delink the per diem rate paid for supportive living | ||||||
12 | facility services from the per diem rate paid for nursing | ||||||
13 | facility services, effective for services provided on or | ||||||
14 | after May 1, 2011. | ||||||
15 | (2) Cease payment for bed reserves in nursing | ||||||
16 | facilities and specialized mental health rehabilitation | ||||||
17 | facilities; for purposes of therapeutic home visits for | ||||||
18 | individuals scoring as TBI on the MDS 3.0, beginning June | ||||||
19 | 1, 2015, the Department shall approve payments for bed | ||||||
20 | reserves in nursing facilities and specialized mental | ||||||
21 | health rehabilitation facilities that have at least a 90% | ||||||
22 | occupancy level and at least 80% of their residents are | ||||||
23 | Medicaid eligible. Payment shall be at a daily rate of 75% | ||||||
24 | of an individual's current Medicaid per diem and shall not | ||||||
25 | exceed 10 days in a calendar month. |
| |||||||
| |||||||
1 | (2.5) Cease payment for bed reserves for purposes of | ||||||
2 | inpatient hospitalizations to intermediate care facilities | ||||||
3 | for persons with development disabilities, except in the | ||||||
4 | instance of residents who are under 21 years of age. | ||||||
5 | (3) Cease payment of the $10 per day add-on payment to | ||||||
6 | nursing facilities for certain residents with | ||||||
7 | developmental disabilities. | ||||||
8 | (b) After the application of subsection (a), | ||||||
9 | notwithstanding any other provision of this
Code to the | ||||||
10 | contrary and to the extent permitted by federal law, on and | ||||||
11 | after July 1,
2012, the rates of reimbursement for services and | ||||||
12 | other payments provided under this
Code shall further be | ||||||
13 | reduced as follows: | ||||||
14 | (1) Rates or payments for physician services, dental | ||||||
15 | services, or community health center services reimbursed | ||||||
16 | through an encounter rate, and services provided under the | ||||||
17 | Medicaid Rehabilitation Option of the Illinois Title XIX | ||||||
18 | State Plan shall not be further reduced, except as provided | ||||||
19 | in Section 5-5b.1. | ||||||
20 | (2) Rates or payments, or the portion thereof, paid to | ||||||
21 | a provider that is operated by a unit of local government | ||||||
22 | or State University that provides the non-federal share of | ||||||
23 | such services shall not be further reduced, except as | ||||||
24 | provided in Section 5-5b.1. | ||||||
25 | (3) Rates or payments for hospital services delivered | ||||||
26 | by a hospital defined as a Safety-Net Hospital under |
| |||||||
| |||||||
1 | Section 5-5e.1 of this Code shall not be further reduced, | ||||||
2 | except as provided in Section 5-5b.1. | ||||||
3 | (4) Rates or payments for hospital services delivered | ||||||
4 | by a Critical Access Hospital, which is an Illinois | ||||||
5 | hospital designated as a critical care hospital by the | ||||||
6 | Department of Public Health in accordance with 42 CFR 485, | ||||||
7 | Subpart F, shall not be further reduced, except as provided | ||||||
8 | in Section 5-5b.1. | ||||||
9 | (5) Rates or payments for Nursing Facility Services | ||||||
10 | shall only be further adjusted pursuant to Section 5-5.2 of | ||||||
11 | this Code. | ||||||
12 | (6) Rates or payments for services delivered by long | ||||||
13 | term care facilities licensed under the ID/DD Community | ||||||
14 | Care Act or the MC/DD Act and developmental training | ||||||
15 | services shall not be further reduced. | ||||||
16 | (7) Rates or payments for services provided under | ||||||
17 | capitation rates shall be adjusted taking into | ||||||
18 | consideration the rates reduction and covered services | ||||||
19 | required by Public Act 97-689. | ||||||
20 | (8) For hospitals not previously described in this | ||||||
21 | subsection, the rates or payments for hospital services | ||||||
22 | shall be further reduced by 3.5%, except for payments | ||||||
23 | authorized under Section 5A-12.4 of this Code. | ||||||
24 | (9) For all other rates or payments for services | ||||||
25 | delivered by providers not specifically referenced in | ||||||
26 | paragraphs (1) through (8), rates or payments shall be |
| |||||||
| |||||||
1 | further reduced by 2.7%. | ||||||
2 | (c) Any assessment imposed by this Code shall continue and | ||||||
3 | nothing in this Section shall be construed to cause it to | ||||||
4 | cease.
| ||||||
5 | (d) Notwithstanding any other provision of this Code to the | ||||||
6 | contrary, subject to federal approval under Title XIX of the | ||||||
7 | Social Security Act, for dates of service on and after July 1, | ||||||
8 | 2014, rates or payments for services provided for the purpose | ||||||
9 | of transitioning children from a hospital to home placement or | ||||||
10 | other appropriate setting by a children's community-based | ||||||
11 | health care center authorized under the Alternative Health Care | ||||||
12 | Delivery Act shall be $683 per day. | ||||||
13 | (e) Notwithstanding any other provision of this Code to the | ||||||
14 | contrary, subject to federal approval under Title XIX of the | ||||||
15 | Social Security Act, for dates of service on and after July 1, | ||||||
16 | 2014, rates or payments for home health visits shall be $72. | ||||||
17 | (f) Notwithstanding any other provision of this Code to the | ||||||
18 | contrary, subject to federal approval under Title XIX of the | ||||||
19 | Social Security Act, for dates of service on and after July 1, | ||||||
20 | 2014, rates or payments for the certified nursing assistant | ||||||
21 | component of the home health agency rate shall be $20. | ||||||
22 | (g) Notwithstanding any other provision of State law to the | ||||||
23 | contrary, to the extent permitted by federal law and consent | ||||||
24 | decrees regarding reimbursement for services under the Medical | ||||||
25 | Assistance Program and subject to federal approval: | ||||||
26 | (1) Except as provided in paragraph (2) of this |
| |||||||
| |||||||
1 | subsection, for dates of service on and after July 1, 2017, | ||||||
2 | the rates of reimbursement for services and other payments | ||||||
3 | provided under the Medical Assistance Program shall be | ||||||
4 | reduced by 2%. | ||||||
5 | (2) The following shall not be subject to paragraph (1) | ||||||
6 | of this subsection: | ||||||
7 | (A) Payments to any provider located in the State | ||||||
8 | and subject to licensure by the Department of Public | ||||||
9 | Health under the Hospital Licensing Act or any provider | ||||||
10 | meeting all comparable conditions and requirements of | ||||||
11 | the Hospital Licensing Act in effect for the state in | ||||||
12 | which it is located, authorized under: | ||||||
13 | (i) Article V-A of this Code; | ||||||
14 | (ii) Section 5-5.02 of this Code; | ||||||
15 | (iii) Section 5-5.03 of this Code; | ||||||
16 | (iv) Section 14-12 of this Code; and | ||||||
17 | (v) the approved Title XIX State Plan for the | ||||||
18 | disproportionate share program as determined by | ||||||
19 | the Department. | ||||||
20 | (B) Rates or payments or portions thereof paid to | ||||||
21 | the University of Illinois Hospital as defined in the | ||||||
22 | University of Illinois Hospital Act. | ||||||
23 | (C) Rates or payments or portions thereof paid to | ||||||
24 | providers operated by a unit of local government or | ||||||
25 | State university that provide the non-federal share of | ||||||
26 | such services. |
| |||||||
| |||||||
1 | (3) The Department may adopt emergency rules necessary | ||||||
2 | to implement this subsection (g) in accordance with | ||||||
3 | subsection (y) of Section 5-45 of the Illinois | ||||||
4 | Administrative Procedure Act. | ||||||
5 | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | ||||||
6 | 98-1166, eff. 6-1-15; 99-2, eff. 3-26-15; 99-180, eff. 7-29-15; | ||||||
7 | 99-642, eff. 7-28-16.)
| ||||||
8 | (305 ILCS 5/5A-2) (from Ch. 23, par. 5A-2) | ||||||
9 | (Section scheduled to be repealed on July 1, 2018) | ||||||
10 | Sec. 5A-2. Assessment.
| ||||||
11 | (a)(1)
Subject to Sections 5A-3 and 5A-10, for State fiscal | ||||||
12 | years 2009 through 2018, an annual assessment on inpatient | ||||||
13 | services is imposed on each hospital provider in an amount | ||||||
14 | equal to $218.38 multiplied by the difference of the hospital's | ||||||
15 | occupied bed days less the hospital's Medicare bed days, | ||||||
16 | provided, however, that the amount of $218.38 shall be | ||||||
17 | increased by a uniform percentage to generate an amount equal | ||||||
18 | to 75% of the State share of the payments authorized under | ||||||
19 | Section 5A-12.5, with such increase only taking effect upon the | ||||||
20 | date that a State share for such payments is required under | ||||||
21 | federal law. For the period of April through June 2015, the | ||||||
22 | amount of $218.38 used to calculate the assessment under this | ||||||
23 | paragraph shall, by emergency rule under subsection (s) of | ||||||
24 | Section 5-45 of the Illinois Administrative Procedure Act, be | ||||||
25 | increased by a uniform percentage to generate $20,250,000 in |
| |||||||
| |||||||
1 | the aggregate for that period from all hospitals subject to the | ||||||
2 | annual assessment under this paragraph. | ||||||
3 | (2) In addition to any other assessments imposed under this | ||||||
4 | Article, effective July 1, 2016 and semi-annually thereafter | ||||||
5 | through June 2018, in addition to any federally required State | ||||||
6 | share as authorized under paragraph (1), the amount of $218.38 | ||||||
7 | shall be increased by a uniform percentage to generate an | ||||||
8 | amount equal to 75% of the ACA Assessment Adjustment, as | ||||||
9 | defined in subsection (b-6) of this Section. | ||||||
10 | For State fiscal years 2009 through 2014 and after, a | ||||||
11 | hospital's occupied bed days and Medicare bed days shall be | ||||||
12 | determined using the most recent data available from each | ||||||
13 | hospital's 2005 Medicare cost report as contained in the | ||||||
14 | Healthcare Cost Report Information System file, for the quarter | ||||||
15 | ending on December 31, 2006, without regard to any subsequent | ||||||
16 | adjustments or changes to such data. If a hospital's 2005 | ||||||
17 | Medicare cost report is not contained in the Healthcare Cost | ||||||
18 | Report Information System, then the Illinois Department may | ||||||
19 | obtain the hospital provider's occupied bed days and Medicare | ||||||
20 | bed days from any source available, including, but not limited | ||||||
21 | to, records maintained by the hospital provider, which may be | ||||||
22 | inspected at all times during business hours of the day by the | ||||||
23 | Illinois Department or its duly authorized agents and | ||||||
24 | employees. | ||||||
25 | (3) Effective for State fiscal year 2018 only, and | ||||||
26 | contingent on the payments authorized under Section 5A-12.5 of |
| |||||||
| |||||||
1 | this Article, and in addition to any other assessments imposed | ||||||
2 | under this Article, the amount of $218.38 shall be increased by | ||||||
3 | 14.38%. The Department may adopt emergency rules necessary to | ||||||
4 | implement this paragraph (3) in accordance with subsection (y) | ||||||
5 | of Section 5-45 of the Illinois Administrative Procedure Act. | ||||||
6 | (b) (Blank).
| ||||||
7 | (b-5)(1) Subject to Sections 5A-3 and 5A-10, for the | ||||||
8 | portion of State fiscal year 2012, beginning June 10, 2012 | ||||||
9 | through June 30, 2012, and for State fiscal years 2013 through | ||||||
10 | 2018, an annual assessment on outpatient services is imposed on | ||||||
11 | each hospital provider in an amount equal to .008766 multiplied | ||||||
12 | by the hospital's outpatient gross revenue, provided, however, | ||||||
13 | that the amount of .008766 shall be increased by a uniform | ||||||
14 | percentage to generate an amount equal to 25% of the State | ||||||
15 | share of the payments authorized under Section 5A-12.5, with | ||||||
16 | such increase only taking effect upon the date that a State | ||||||
17 | share for such payments is required under federal law. For the | ||||||
18 | period beginning June 10, 2012 through June 30, 2012, the | ||||||
19 | annual assessment on outpatient services shall be prorated by | ||||||
20 | multiplying the assessment amount by a fraction, the numerator | ||||||
21 | of which is 21 days and the denominator of which is 365 days. | ||||||
22 | For the period of April through June 2015, the amount of | ||||||
23 | .008766 used to calculate the assessment under this paragraph | ||||||
24 | shall, by emergency rule under subsection (s) of Section 5-45 | ||||||
25 | of the Illinois Administrative Procedure Act, be increased by a | ||||||
26 | uniform percentage to generate $6,750,000 in the aggregate for |
| |||||||
| |||||||
1 | that period from all hospitals subject to the annual assessment | ||||||
2 | under this paragraph. | ||||||
3 | (2) In addition to any other assessments imposed under this | ||||||
4 | Article, effective July 1, 2016 and semi-annually thereafter | ||||||
5 | through June 2018, in addition to any federally required State | ||||||
6 | share as authorized under paragraph (1), the amount of .008766 | ||||||
7 | shall be increased by a uniform percentage to generate an | ||||||
8 | amount equal to 25% of the ACA Assessment Adjustment, as | ||||||
9 | defined in subsection (b-6) of this Section. | ||||||
10 | For the portion of State fiscal year 2012, beginning June | ||||||
11 | 10, 2012 through June 30, 2012, and State fiscal years 2013 | ||||||
12 | through 2018, a hospital's outpatient gross revenue shall be | ||||||
13 | determined using the most recent data available from each | ||||||
14 | hospital's 2009 Medicare cost report as contained in the | ||||||
15 | Healthcare Cost Report Information System file, for the quarter | ||||||
16 | ending on June 30, 2011, without regard to any subsequent | ||||||
17 | adjustments or changes to such data. If a hospital's 2009 | ||||||
18 | Medicare cost report is not contained in the Healthcare Cost | ||||||
19 | Report Information System, then the Department may obtain the | ||||||
20 | hospital provider's outpatient gross revenue from any source | ||||||
21 | available, including, but not limited to, records maintained by | ||||||
22 | the hospital provider, which may be inspected at all times | ||||||
23 | during business hours of the day by the Department or its duly | ||||||
24 | authorized agents and employees. | ||||||
25 | (3) Effective for State fiscal year 2018 only, and | ||||||
26 | contingent on the payments authorized under Section 5A-12.5 of |
| |||||||
| |||||||
1 | this Article, and in addition to any other assessments imposed | ||||||
2 | under this Article, the amount of .008766 shall be increased by | ||||||
3 | 14.38%. The Department may adopt emergency rules necessary to | ||||||
4 | implement this amendatory Act of the 100th General Assembly in | ||||||
5 | accordance with subsection (y) of Section 5-45 of the Illinois | ||||||
6 | Administrative Procedure Act. | ||||||
7 | (b-6)(1) As used in this Section, "ACA Assessment | ||||||
8 | Adjustment" means: | ||||||
9 | (A) For the period of July 1, 2016 through December 31, | ||||||
10 | 2016, the product of .19125 multiplied by the sum of the | ||||||
11 | fee-for-service payments to hospitals as authorized under | ||||||
12 | Section 5A-12.5 and the adjustments authorized under | ||||||
13 | subsection (t) of Section 5A-12.2 to managed care | ||||||
14 | organizations for hospital services due and payable in the | ||||||
15 | month of April 2016 multiplied by 6. | ||||||
16 | (B) For the period of January 1, 2017 through June 30, | ||||||
17 | 2017, the product of .19125 multiplied by the sum of the | ||||||
18 | fee-for-service payments to hospitals as authorized under | ||||||
19 | Section 5A-12.5 and the adjustments authorized under | ||||||
20 | subsection (t) of Section 5A-12.2 to managed care | ||||||
21 | organizations for hospital services due and payable in the | ||||||
22 | month of October 2016 multiplied by 6, except that the | ||||||
23 | amount calculated under this subparagraph (B) shall be | ||||||
24 | adjusted, either positively or negatively, to account for | ||||||
25 | the difference between the actual payments issued under | ||||||
26 | Section 5A-12.5 for the period beginning July 1, 2016 |
| |||||||
| |||||||
1 | through December 31, 2016 and the estimated payments due | ||||||
2 | and payable in the month of April 2016 multiplied by 6 as | ||||||
3 | described in subparagraph (A). | ||||||
4 | (C) For the period of July 1, 2017 through December 31, | ||||||
5 | 2017, the product of .19125 multiplied by the sum of the | ||||||
6 | fee-for-service payments to hospitals as authorized under | ||||||
7 | Section 5A-12.5 and the adjustments authorized under | ||||||
8 | subsection (t) of Section 5A-12.2 to managed care | ||||||
9 | organizations for hospital services due and payable in the | ||||||
10 | month of April 2017 multiplied by 6, except that the amount | ||||||
11 | calculated under this subparagraph (C) shall be adjusted, | ||||||
12 | either positively or negatively, to account for the | ||||||
13 | difference between the actual payments issued under | ||||||
14 | Section 5A-12.5 for the period beginning January 1, 2017 | ||||||
15 | through June 30, 2017 and the estimated payments due and | ||||||
16 | payable in the month of October 2016 multiplied by 6 as | ||||||
17 | described in subparagraph (B). | ||||||
18 | (D) For the period of January 1, 2018 through June 30, | ||||||
19 | 2018, the product of .19125 multiplied by the sum of the | ||||||
20 | fee-for-service payments to hospitals as authorized under | ||||||
21 | Section 5A-12.5 and the adjustments authorized under | ||||||
22 | subsection (t) of Section 5A-12.2 to managed care | ||||||
23 | organizations for hospital services due and payable in the | ||||||
24 | month of October 2017 multiplied by 6, except that: | ||||||
25 | (i) the amount calculated under this subparagraph | ||||||
26 | (D) shall be adjusted, either positively or |
| |||||||
| |||||||
1 | negatively, to account for the difference between the | ||||||
2 | actual payments issued under Section 5A-12.5 for the | ||||||
3 | period of July 1, 2017 through December 31, 2017 and | ||||||
4 | the estimated payments due and payable in the month of | ||||||
5 | April 2017 multiplied by 6 as described in subparagraph | ||||||
6 | (C); and | ||||||
7 | (ii) the amount calculated under this subparagraph | ||||||
8 | (D) shall be adjusted to include the product of .19125 | ||||||
9 | multiplied by the sum of the fee-for-service payments, | ||||||
10 | if any, estimated to be paid to hospitals under | ||||||
11 | subsection (b) of Section 5A-12.5. | ||||||
12 | (2) The Department shall complete and apply a final | ||||||
13 | reconciliation of the ACA Assessment Adjustment prior to June | ||||||
14 | 30, 2018 to account for: | ||||||
15 | (A) any differences between the actual payments issued | ||||||
16 | or scheduled to be issued prior to June 30, 2018 as | ||||||
17 | authorized in Section 5A-12.5 for the period of January 1, | ||||||
18 | 2018 through June 30, 2018 and the estimated payments due | ||||||
19 | and payable in the month of October 2017 multiplied by 6 as | ||||||
20 | described in subparagraph (D); and | ||||||
21 | (B) any difference between the estimated | ||||||
22 | fee-for-service payments under subsection (b) of Section | ||||||
23 | 5A-12.5 and the amount of such payments that are actually | ||||||
24 | scheduled to be paid. | ||||||
25 | The Department shall notify hospitals of any additional | ||||||
26 | amounts owed or reduction credits to be applied to the June |
| |||||||
| |||||||
1 | 2018 ACA Assessment Adjustment. This is to be considered the | ||||||
2 | final reconciliation for the ACA Assessment Adjustment. | ||||||
3 | (3) Notwithstanding any other provision of this Section, if | ||||||
4 | for any reason the scheduled payments under subsection (b) of | ||||||
5 | Section 5A-12.5 are not issued in full by the final day of the | ||||||
6 | period authorized under subsection (b) of Section 5A-12.5, | ||||||
7 | funds collected from each hospital pursuant to subparagraph (D) | ||||||
8 | of paragraph (1) and pursuant to paragraph (2), attributable to | ||||||
9 | the scheduled payments authorized under subsection (b) of | ||||||
10 | Section 5A-12.5 that are not issued in full by the final day of | ||||||
11 | the period attributable to each payment authorized under | ||||||
12 | subsection (b) of Section 5A-12.5, shall be refunded. | ||||||
13 | (4) The increases authorized under paragraph (2) of | ||||||
14 | subsection (a) and paragraph (2) of subsection (b-5) shall be | ||||||
15 | limited to the federally required State share of the total | ||||||
16 | payments authorized under Section 5A-12.5 if the sum of such | ||||||
17 | payments yields an annualized amount equal to or less than | ||||||
18 | $450,000,000, or if the adjustments authorized under | ||||||
19 | subsection (t) of Section 5A-12.2 are found not to be | ||||||
20 | actuarially sound; however, this limitation shall not apply to | ||||||
21 | the fee-for-service payments described in subsection (b) of | ||||||
22 | Section 5A-12.5. | ||||||
23 | (c) (Blank).
| ||||||
24 | (d) Notwithstanding any of the other provisions of this | ||||||
25 | Section, the Department is authorized to adopt rules to reduce | ||||||
26 | the rate of any annual assessment imposed under this Section, |
| |||||||
| |||||||
1 | as authorized by Section 5-46.2 of the Illinois Administrative | ||||||
2 | Procedure Act.
| ||||||
3 | (e) Notwithstanding any other provision of this Section, | ||||||
4 | any plan providing for an assessment on a hospital provider as | ||||||
5 | a permissible tax under Title XIX of the federal Social | ||||||
6 | Security Act and Medicaid-eligible payments to hospital | ||||||
7 | providers from the revenues derived from that assessment shall | ||||||
8 | be reviewed by the Illinois Department of Healthcare and Family | ||||||
9 | Services, as the Single State Medicaid Agency required by | ||||||
10 | federal law, to determine whether those assessments and | ||||||
11 | hospital provider payments meet federal Medicaid standards. If | ||||||
12 | the Department determines that the elements of the plan may | ||||||
13 | meet federal Medicaid standards and a related State Medicaid | ||||||
14 | Plan Amendment is prepared in a manner and form suitable for | ||||||
15 | submission, that State Plan Amendment shall be submitted in a | ||||||
16 | timely manner for review by the Centers for Medicare and | ||||||
17 | Medicaid Services of the United States Department of Health and | ||||||
18 | Human Services and subject to approval by the Centers for | ||||||
19 | Medicare and Medicaid Services of the United States Department | ||||||
20 | of Health and Human Services. No such plan shall become | ||||||
21 | effective without approval by the Illinois General Assembly by | ||||||
22 | the enactment into law of related legislation. Notwithstanding | ||||||
23 | any other provision of this Section, the Department is | ||||||
24 | authorized to adopt rules to reduce the rate of any annual | ||||||
25 | assessment imposed under this Section. Any such rules may be | ||||||
26 | adopted by the Department under Section 5-50 of the Illinois |
| |||||||
| |||||||
1 | Administrative Procedure Act. | ||||||
2 | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; 99-2, | ||||||
3 | eff. 3-26-15; 99-516, eff. 6-30-16.)
| ||||||
4 | (305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||||||
5 | Sec. 5A-8. Hospital Provider Fund.
| ||||||
6 | (a) There is created in the State Treasury the Hospital | ||||||
7 | Provider Fund.
Interest earned by the Fund shall be credited to | ||||||
8 | the Fund. The
Fund shall not be used to replace any moneys | ||||||
9 | appropriated to the
Medicaid program by the General Assembly.
| ||||||
10 | (b) The Fund is created for the purpose of receiving moneys
| ||||||
11 | in accordance with Section 5A-6 and disbursing moneys only for | ||||||
12 | the following
purposes, notwithstanding any other provision of | ||||||
13 | law:
| ||||||
14 | (1) For making payments to hospitals as required under | ||||||
15 | this Code, under the Children's Health Insurance Program | ||||||
16 | Act, under the Covering ALL KIDS Health Insurance Act, and | ||||||
17 | under the Long Term Acute Care Hospital Quality Improvement | ||||||
18 | Transfer Program Act.
| ||||||
19 | (2) For the reimbursement of moneys collected by the
| ||||||
20 | Illinois Department from hospitals or hospital providers | ||||||
21 | through error or
mistake in performing the
activities | ||||||
22 | authorized under this Code.
| ||||||
23 | (3) For payment of administrative expenses incurred by | ||||||
24 | the
Illinois Department or its agent in performing | ||||||
25 | activities
under this Code, under the Children's Health |
| |||||||
| |||||||
1 | Insurance Program Act, under the Covering ALL KIDS Health | ||||||
2 | Insurance Act, and under the Long Term Acute Care Hospital | ||||||
3 | Quality Improvement Transfer Program Act.
| ||||||
4 | (4) For payments of any amounts which are reimbursable | ||||||
5 | to
the federal government for payments from this Fund which | ||||||
6 | are
required to be paid by State warrant.
| ||||||
7 | (5) For making transfers, as those transfers are | ||||||
8 | authorized
in the proceedings authorizing debt under the | ||||||
9 | Short Term Borrowing Act,
but transfers made under this | ||||||
10 | paragraph (5) shall not exceed the
principal amount of debt | ||||||
11 | issued in anticipation of the receipt by
the State of | ||||||
12 | moneys to be deposited into the Fund.
| ||||||
13 | (6) For making transfers to any other fund in the State | ||||||
14 | treasury, but
transfers made under this paragraph (6) shall | ||||||
15 | not exceed the amount transferred
previously from that | ||||||
16 | other fund into the Hospital Provider Fund plus any | ||||||
17 | interest that would have been earned by that fund on the | ||||||
18 | monies that had been transferred.
| ||||||
19 | (6.5) For making transfers to the Healthcare Provider | ||||||
20 | Relief Fund, except that transfers made under this | ||||||
21 | paragraph (6.5) shall not exceed $60,000,000 in the | ||||||
22 | aggregate. | ||||||
23 | (7) For making transfers not exceeding the following | ||||||
24 | amounts, related to State fiscal years 2013 through 2018, | ||||||
25 | to the following designated funds: | ||||||
26 | Health and Human Services Medicaid Trust |
| |||||||
| |||||||
1 | Fund ..............................$20,000,000 | ||||||
2 | Long-Term Care Provider Fund ..........$30,000,000 | ||||||
3 | General Revenue Fund .................$80,000,000. | ||||||
4 | Transfers under this paragraph shall be made within 7 days | ||||||
5 | after the payments have been received pursuant to the | ||||||
6 | schedule of payments provided in subsection (a) of Section | ||||||
7 | 5A-4. | ||||||
8 | (7.1) (Blank).
| ||||||
9 | (7.5) (Blank). | ||||||
10 | (7.8) (Blank). | ||||||
11 | (7.9) (Blank). | ||||||
12 | (7.10) For State fiscal year 2014, for making transfers | ||||||
13 | of the moneys resulting from the assessment under | ||||||
14 | subsection (b-5) of Section 5A-2 and received from hospital | ||||||
15 | providers under Section 5A-4 and transferred into the | ||||||
16 | Hospital Provider Fund under Section 5A-6 to the designated | ||||||
17 | funds not exceeding the following amounts in that State | ||||||
18 | fiscal year: | ||||||
19 | Healthcare Provider Relief Fund ......$100,000,000 | ||||||
20 | Transfers under this paragraph shall be made within 7 | ||||||
21 | days after the payments have been received pursuant to the | ||||||
22 | schedule of payments provided in subsection (a) of Section | ||||||
23 | 5A-4. | ||||||
24 | The additional amount of transfers in this paragraph | ||||||
25 | (7.10), authorized by Public Act 98-651, shall be made | ||||||
26 | within 10 State business days after June 16, 2014 (the |
| |||||||
| |||||||
1 | effective date of Public Act 98-651). That authority shall | ||||||
2 | remain in effect even if Public Act 98-651 does not become | ||||||
3 | law until State fiscal year 2015. | ||||||
4 | (7.10a) For State fiscal years 2015 through 2018, for | ||||||
5 | making transfers of the moneys resulting from the | ||||||
6 | assessment under subsection (b-5) of Section 5A-2 and | ||||||
7 | received from hospital providers under Section 5A-4 and | ||||||
8 | transferred into the Hospital Provider Fund under Section | ||||||
9 | 5A-6 to the designated funds not exceeding the following | ||||||
10 | amounts related to each State fiscal year: | ||||||
11 | Healthcare Provider Relief Fund ......$50,000,000 | ||||||
12 | Transfers under this paragraph shall be made within 7 | ||||||
13 | days after the payments have been received pursuant to the | ||||||
14 | schedule of payments provided in subsection (a) of Section | ||||||
15 | 5A-4. | ||||||
16 | (7.11) (Blank). | ||||||
17 | (7.12) For State fiscal year 2013, for increasing by | ||||||
18 | 21/365ths the transfer of the moneys resulting from the | ||||||
19 | assessment under subsection (b-5) of Section 5A-2 and | ||||||
20 | received from hospital providers under Section 5A-4 for the | ||||||
21 | portion of State fiscal year 2012 beginning June 10, 2012 | ||||||
22 | through June 30, 2012 and transferred into the Hospital | ||||||
23 | Provider Fund under Section 5A-6 to the designated funds | ||||||
24 | not exceeding the following amounts in that State fiscal | ||||||
25 | year: | ||||||
26 | Healthcare Provider Relief Fund .......$2,870,000 |
| |||||||
| |||||||
1 | Since the federal Centers for Medicare and Medicaid | ||||||
2 | Services approval of the assessment authorized under | ||||||
3 | subsection (b-5) of Section 5A-2, received from hospital | ||||||
4 | providers under Section 5A-4 and the payment methodologies | ||||||
5 | to hospitals required under Section 5A-12.4 was not | ||||||
6 | received by the Department until State fiscal year 2014 and | ||||||
7 | since the Department made retroactive payments during | ||||||
8 | State fiscal year 2014 related to the referenced period of | ||||||
9 | June 2012, the transfer authority granted in this paragraph | ||||||
10 | (7.12) is extended through the date that is 10 State | ||||||
11 | business days after June 16, 2014 (the effective date of | ||||||
12 | Public Act 98-651). | ||||||
13 | (7.13) In addition to any other transfers authorized | ||||||
14 | under this Section, for State fiscal years 2017 and 2018, | ||||||
15 | for making transfers to the Healthcare Provider Relief Fund | ||||||
16 | of moneys collected from the ACA Assessment Adjustment | ||||||
17 | authorized under subsections (a) and (b-5) of Section 5A-2 | ||||||
18 | and paid by hospital providers under Section 5A-4 into the | ||||||
19 | Hospital Provider Fund under Section 5A-6 for each State | ||||||
20 | fiscal year. Timing of transfers to the Healthcare Provider | ||||||
21 | Relief Fund under this paragraph shall be at the discretion | ||||||
22 | of the Department, but no less frequently than quarterly. | ||||||
23 | (7.14) In addition to any other transfers authorized | ||||||
24 | under this Section, for making transfers to the Healthcare | ||||||
25 | Provider Relief Fund of moneys collected from the | ||||||
26 | assessment increase provided for in this amendatory Act of |
| |||||||
| |||||||
1 | the 100th General Assembly. Timing of transfers to the | ||||||
2 | Healthcare Provider Relief Fund under this paragraph | ||||||
3 | (7.14) shall be at the discretion of the Department. | ||||||
4 | (8) For making refunds to hospital providers pursuant | ||||||
5 | to Section 5A-10.
| ||||||
6 | (9) For making payment to capitated managed care | ||||||
7 | organizations as described in subsections (s) and (t) of | ||||||
8 | Section 5A-12.2 of this Code. | ||||||
9 | Disbursements from the Fund, other than transfers | ||||||
10 | authorized under
paragraphs (5) and (6) of this subsection, | ||||||
11 | shall be by
warrants drawn by the State Comptroller upon | ||||||
12 | receipt of vouchers
duly executed and certified by the Illinois | ||||||
13 | Department.
| ||||||
14 | (c) The Fund shall consist of the following:
| ||||||
15 | (1) All moneys collected or received by the Illinois
| ||||||
16 | Department from the hospital provider assessment imposed | ||||||
17 | by this
Article.
| ||||||
18 | (2) All federal matching funds received by the Illinois
| ||||||
19 | Department as a result of expenditures made by the Illinois
| ||||||
20 | Department that are attributable to moneys deposited in the | ||||||
21 | Fund.
| ||||||
22 | (3) Any interest or penalty levied in conjunction with | ||||||
23 | the
administration of this Article.
| ||||||
24 | (3.5) As applicable, proceeds from surety bond | ||||||
25 | payments payable to the Department as referenced in | ||||||
26 | subsection (s) of Section 5A-12.2 of this Code. |
| |||||||
| |||||||
1 | (4) Moneys transferred from another fund in the State | ||||||
2 | treasury.
| ||||||
3 | (5) All other moneys received for the Fund from any | ||||||
4 | other
source, including interest earned thereon.
| ||||||
5 | (d) (Blank).
| ||||||
6 | (Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13; | ||||||
7 | 98-651, eff. 6-16-14; 98-756, eff. 7-16-14; 99-78, eff. | ||||||
8 | 7-20-15; 99-516, eff. 6-30-16; 99-933, eff. 1-27-17; revised | ||||||
9 | 2-15-17.)
| ||||||
10 | ARTICLE 75. JAMES R. THOMPSON CENTER | ||||||
11 | Section 75-5. The Illinois Procurement Code is amended by | ||||||
12 | adding Section 1-35 as follows:
| ||||||
13 | (30 ILCS 500/1-35 new) | ||||||
14 | Sec. 1-35. Application to James R. Thompson Center. In | ||||||
15 | accordance with Section 7.4 of the State Property Control Act, | ||||||
16 | this Code does not apply to any procurements related to the | ||||||
17 | sale of the James R. Thompson Center, provided that the process | ||||||
18 | shall be conducted in a manner substantially in accordance with | ||||||
19 | the requirements of the following Sections of the Illinois | ||||||
20 | Procurement Code: 20-160, 50-5, 50-10, 50-10.5, 50-12, 50-13, | ||||||
21 | 50-15, 50-20, 50-21, 50-35, 50-36, 50-37, 50-38, and 50-50. The | ||||||
22 | exemption contained in this Section does not apply to any | ||||||
23 | leases involving the James R. Thompson Center, including a |
| |||||||
| |||||||
1 | leaseback authorized under Section 7.4 of the State Property | ||||||
2 | Control Act.
| ||||||
3 | Section 75-10. The State Property Control Act is amended by | ||||||
4 | changing Section 7.4 and by adding Section 7.7 as follows:
| ||||||
5 | (30 ILCS 605/7.4)
| ||||||
6 | Sec. 7.4. James R. Thompson Center ; Elgin Mental Health | ||||||
7 | Center .
| ||||||
8 | (a) Notwithstanding any other
provision of this Act or any | ||||||
9 | other law to the contrary, the administrator is
authorized | ||||||
10 | under this Section to
dispose of or mortgage (i) the
James R. | ||||||
11 | Thompson Center located in Chicago, Illinois .
and (ii) the | ||||||
12 | Elgin Mental Health Center and surrounding land located at 750
| ||||||
13 | S. State
Street, Elgin, Illinois
in any of the following
ways:
| ||||||
14 | (1) The administrator may sell the property
as provided in | ||||||
15 | subsection (b).
(2) The administrator may sell the property
as | ||||||
16 | provided in subsection (b), and , either as a condition of the | ||||||
17 | sale or the administrator may immediately thereafter ,
enter | ||||||
18 | into a
leaseback or other agreement
that
directly or indirectly | ||||||
19 | gives the State a right to use, control, and
possess the
| ||||||
20 | property.
Notwithstanding any other provision of law, a lease | ||||||
21 | entered into by the
administrator
under this subdivision (a)(2) | ||||||
22 | may last for any period not exceeding 99 years.
(3) The | ||||||
23 | administrator may enter into a mortgage agreement, using the
| ||||||
24 | property as collateral, to receive a loan or a line of credit |
| |||||||
| |||||||
1 | based on the
equity available in the
property.
Any loan | ||||||
2 | obtained or line of credit established under this subdivision | ||||||
3 | (a)(3)
must require repayment in full in
20 years or less.
| ||||||
4 | (b) The administrator shall dispose of the property using a | ||||||
5 | competitive sealed proposal process that includes, at a | ||||||
6 | minimum, the following: | ||||||
7 | (1) Engagement Prior to Request for Proposal. The | ||||||
8 | administrator may, prior to soliciting requests for | ||||||
9 | proposals, enter into discussions with interested | ||||||
10 | purchasers in order to assess existing market conditions, | ||||||
11 | demands, and likely development scenarios provided that no | ||||||
12 | such interested purchasers shall have any role in drafting | ||||||
13 | any request for proposals nor shall any request for | ||||||
14 | proposals be provided to any interested purchaser prior to | ||||||
15 | its general public distribution. The administrator may | ||||||
16 | issue a request for qualifications that requests | ||||||
17 | interested purchasers to provide such information as the | ||||||
18 | administrator reasonably deems necessary in order to | ||||||
19 | evaluate the qualifications of such interested purchasers | ||||||
20 | including the ability of interested purchasers to acquire | ||||||
21 | and develop the property, all as reasonably determined by | ||||||
22 | the administrator. | ||||||
23 | (2) Request for proposals. Proposals to acquire and | ||||||
24 | develop the property shall be solicited through a request | ||||||
25 | for proposals. Such request for proposals shall include | ||||||
26 | such requirements and factors as the administrator shall |
| |||||||
| |||||||
1 | determine are necessary or advisable with respect to the | ||||||
2 | disposition of the James R. Thompson Center, including | ||||||
3 | soliciting proposals designating a portion of the property | ||||||
4 | after the development or redevelopment thereof in honor of | ||||||
5 | Governor James R. Thompson. | ||||||
6 | (3) Public notice. Public notice of any request for | ||||||
7 | qualification or request for proposals shall be published | ||||||
8 | in the Illinois Procurement Bulletin at least 14 calendar | ||||||
9 | days before the date by which such requests are due. The | ||||||
10 | administrator may advertise the request in any other manner | ||||||
11 | or publication which it reasonably determines may increase | ||||||
12 | the scope and nature of responses to the request. In the | ||||||
13 | event the administrator shall have already identified | ||||||
14 | qualified purchasers pursuant to a request for | ||||||
15 | qualification process as set forth above, notice of the | ||||||
16 | request for proposals may be delivered only to such | ||||||
17 | qualified purchasers. | ||||||
18 | (4) Opening of proposals. Proposals shall be opened | ||||||
19 | publicly on the date, time and location designated in the | ||||||
20 | Illinois Procurement Bulletin, but proposals shall be | ||||||
21 | opened in a manner to avoid disclosure of contents to | ||||||
22 | competing purchasers during the process of negotiation. A | ||||||
23 | record of proposals shall be prepared and shall be open for | ||||||
24 | public inspection after contract award, but prior to | ||||||
25 | contract execution. | ||||||
26 | (5) Evaluation factors. Proposals shall be submitted |
| |||||||
| |||||||
1 | in 2 parts: (i) items except price, and (ii) covering | ||||||
2 | price. The first part of all proposals shall be evaluated | ||||||
3 | and ranked independently of the second part of all | ||||||
4 | proposals. | ||||||
5 | (6) Discussion with interested purchasers and | ||||||
6 | revisions of offers or proposals. After the opening of the | ||||||
7 | proposals, and under such guidelines as the administrator | ||||||
8 | may elect to establish in the request for proposals, the | ||||||
9 | administrator and his or her designees may engage in | ||||||
10 | discussions with interested purchasers who submitted | ||||||
11 | offers or proposals that the administrator determines are | ||||||
12 | reasonably susceptible of being selected for award for the | ||||||
13 | purpose of clarifying and assuring full understanding of | ||||||
14 | and responsiveness to the solicitation requirements. Those | ||||||
15 | purchasers shall be accorded fair and equal treatment with | ||||||
16 | respect to any opportunity for discussion and revision of | ||||||
17 | proposals. Revisions may be permitted after submission and | ||||||
18 | before award for the purpose of obtaining best and final | ||||||
19 | offers. In conducting discussions there shall be no | ||||||
20 | disclosure of any information derived from proposals | ||||||
21 | submitted by competing purchasers. If information is | ||||||
22 | disclosed to any purchaser, it shall be provided to all | ||||||
23 | competing purchasers. | ||||||
24 | (7) Award. Awards shall be made to the interested | ||||||
25 | purchaser whose proposal is determined in writing to be the | ||||||
26 | most advantageous to the State, taking into consideration |
| |||||||
| |||||||
1 | price and the evaluation factors set forth in the request | ||||||
2 | for proposals. The contract file shall contain the basis on | ||||||
3 | which the award is made. The administrator shall obtain 3 | ||||||
4 | appraisals of the real property
transferred
under | ||||||
5 | subdivision (a)(1) or (a)(2) of this Section, one of which | ||||||
6 | shall be
performed by an
appraiser residing in the county | ||||||
7 | in which the real property is located. The
average of
these | ||||||
8 | 3 appraisals, plus the costs of obtaining the appraisals, | ||||||
9 | shall represent
the fair
market value of the real property. | ||||||
10 | No property may be conveyed under
subdivision (a)(1)
or | ||||||
11 | (a)(2) of this Section by the administrator for less than | ||||||
12 | the fair market
value. The
administrator may sell the real | ||||||
13 | property by public auction following notice of
the sale by
| ||||||
14 | publication on 3 separate days not less than 15 nor more | ||||||
15 | than 30 days prior to
the sale
in a daily newspaper having | ||||||
16 | general circulation in the county
in which
the real | ||||||
17 | property is located. If no
acceptable
offers for the real | ||||||
18 | property are received, the administrator may have new
| ||||||
19 | appraisals of the
property made. The administrator shall | ||||||
20 | have all power necessary to convey real
property
under | ||||||
21 | subdivision (a)(1) or (a)(2) of this Section.
| ||||||
22 | (b-5) Any contract to dispose of the property is subject to | ||||||
23 | the following conditions: | ||||||
24 | (1) a commitment from the purchaser to make any | ||||||
25 | applicable payments to the City of Chicago with respect to | ||||||
26 | additional zoning density, as agreed to between the |
| |||||||
| |||||||
1 | administrator and the City of Chicago in a memorandum of | ||||||
2 | understanding or other agreement; | ||||||
3 | (2) a commitment from the purchaser to enter into an | ||||||
4 | agreement with the City of Chicago and the Chicago Transit | ||||||
5 | Authority regarding the existing operation of the Chicago | ||||||
6 | Transit Authority facility currently located on the | ||||||
7 | property, substantially similar to the existing agreement | ||||||
8 | between the City of Chicago, the Chicago Transit Authority, | ||||||
9 | and the State of Illinois, and such agreement must be | ||||||
10 | executed prior to assuming title to the property; and | ||||||
11 | (3) a commitment from the purchaser to designate a | ||||||
12 | portion of the property after the development or | ||||||
13 | redevelopment thereof in honor of Governor James R. | ||||||
14 | Thompson. | ||||||
15 | (b-10) The administrator shall have authority to order such | ||||||
16 | surveys, abstracts of
title, or
commitments for title | ||||||
17 | insurance , environmental reports, property condition reports, | ||||||
18 | or any other materials as the administrator may, in his or her | ||||||
19 | reasonable discretion, be
deemed
necessary to demonstrate to | ||||||
20 | prospective purchasers or , bidders , or mortgagees good
and
| ||||||
21 | marketable title
in and the existing conditions or | ||||||
22 | characteristics of the any property offered for sale or | ||||||
23 | mortgage under
this
Section. All Unless
otherwise specifically | ||||||
24 | authorized by the General Assembly, all conveyances of
property
| ||||||
25 | made by the administrator under subdivision (a)(1) or (a)(2) of | ||||||
26 | this Section
shall be by
quit claim deed.
|
| |||||||
| |||||||
1 | (c) All moneys received from the sale or mortgage of real | ||||||
2 | property under this
Section shall be deposited into the General | ||||||
3 | Revenue Fund , provided that any obligations of the State to the | ||||||
4 | purchaser acquiring the property, a contractor involved in the | ||||||
5 | sale of the property, or a unit of local government may be | ||||||
6 | remitted from the proceeds during the closing process and need | ||||||
7 | not be deposited in the State treasury prior to closing .
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8 | (d) The administrator is authorized to enter into any | ||||||
9 | agreements and execute
any
documents necessary to exercise the | ||||||
10 | authority granted by this Section.
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11 | (e) Any agreement to
dispose
of or mortgage (i) the James | ||||||
12 | R. Thompson Center located in Chicago, Illinois
or (ii) the
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13 | Elgin Mental Health Center and surrounding land located at 750 | ||||||
14 | S. State Street,
Elgin,
Illinois pursuant to the authority | ||||||
15 | granted by this Section must be entered
into no later than 2 | ||||||
16 | years one year after the effective date of this amendatory Act | ||||||
17 | of
the 100th 93rd
General Assembly. | ||||||
18 | (f) The provisions of this Section are subject to the | ||||||
19 | Freedom of Information Act, and nothing shall be construed to | ||||||
20 | waive the ability of a public body to assert any applicable | ||||||
21 | exemptions.
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22 | (Source: P.A. 93-19, eff. 6-20-03.)
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23 | (30 ILCS 605/7.7 new) | ||||||
24 | Sec. 7.7. Michael A. Bilandic Building. | ||||||
25 | (a) On or prior to the disposition of the James R. Thompson |
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1 | Center, the existing executive offices of the Governor, | ||||||
2 | Lieutenant Governor, Secretary of State, Comptroller, and | ||||||
3 | Treasurer shall be relocated in the Michael A. Bilandic | ||||||
4 | Building located at 160 North LaSalle Street, Chicago, | ||||||
5 | Illinois. An officer shall occupy the designated space on the | ||||||
6 | same terms and conditions applicable on the effective date of | ||||||
7 | this amendatory Act of the 100th General Assembly. An executive | ||||||
8 | officer may choose to locate in alternative offices within the | ||||||
9 | City of Chicago. | ||||||
10 | (b) The 4 caucuses of the General Assembly shall be given | ||||||
11 | space within the Michael A. Bilandic Building. Any caucus | ||||||
12 | located in the building on or prior to the effective date of | ||||||
13 | this amendatory Act of the 100th General Assembly shall | ||||||
14 | continue to occupy its designated space on the same terms and | ||||||
15 | conditions applicable on the effective date of this amendatory | ||||||
16 | Act of the 100th General Assembly.
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17 | ARTICLE 99. MISCELLANEOUS PROVISIONS | ||||||
18 | Section 99-90. The State Mandates Act is amended by adding | ||||||
19 | Section 8.41 as follows:
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20 | (30 ILCS 805/8.41 new) | ||||||
21 | Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
22 | of this Act, no reimbursement by the State is required for the | ||||||
23 | implementation of any mandate created by this amendatory Act of |
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1 | the 100th General Assembly.
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2 | Section 99-99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | becoming law.
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