Sen. Andy Manar

Filed: 5/22/2017

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1 AMENDMENT TO SENATE BILL 42

2 AMENDMENT NO. ______. Amend Senate Bill 42, AS AMENDED, by

3 replacing everything after the enacting clause with the

4 following:

5 "ARTICLE 1. GENERAL PROVISIONS

6 Section 1-1. Short title. This Act may be cited as the

7 FY2018 Budget Implementation Act.

8 Section 1-5. Purpose. It is the purpose of this Act to make

9 changes in State programs that are necessary to implement the

10 budget recommendations for Fiscal Year 2018.

11 Section 1-10. Designation of reserves.

12 (a) For the purposes of implementing the budget

13 recommendations for fiscal year 2018 and balancing the State's

14 budget in State fiscal year 2018 only, the Governor may

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1 designate, by written notice to the Comptroller, a reserve of

2 not more than 5% from the amounts appropriated from funds held

3 by the Treasurer for State fiscal year 2018 to any State

4 agency. However, the Governor may not designate amounts to be

5 set aside as a reserve from amounts that (i) have been

6 appropriated for payment of debt service, (ii) have been

7 appropriated under a statutory continuing appropriation, (iii)

8 are State general funds, (iv) are in the Supplemental

9 Low-Income Energy Assistance Fund, or (v) are funds received

10 from federal sources.

11 (b) If the Governor designates amounts to be set aside as a

12 reserve, the Governor shall give notice of the designation to

13 the Auditor General, the State Treasurer, the State

14 Comptroller, the Senate, and the House of Representatives.

15 (c) As used in this Section:

16 "State agency" means all boards, commissions, agencies,

17 institutions, authorities, colleges, universities, and bodies

18 politic and corporate of the State, but not other

19 constitutional officers, the legislative or judicial branch,

20 the office of the Executive Inspector General, or the Executive

21 Ethics Commission.

22 "State general funds" has the meaning provided in Section

23 50-40 of the State Budget Law.

24 ARTICLE 5. AMENDATORY PROVISIONS

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1 Section 5-3. The State Budget Law of the Civil

2 Administrative Code of Illinois is amended by adding Section

3 50-40 as follows:

4 (15 ILCS 20/50-40 new)

5 Sec. 50-40. General funds defined. "General funds" or

6 "State general funds" means the General Revenue Fund, the

7 Common School Fund, the General Revenue Common School Special

8 Account Fund, the Education Assistance Fund, the Fund for the

9 Advancement of Education, the Commitment to Human Services

10 Fund, and the Budget Stabilization Fund.

11 Section 5-4. The Mental Health and Developmental

12 Disabilities Administrative Act is amended by adding Section 74

13 as follows:

14 (20 ILCS 1705/74 new)

15 Sec. 74. Rates and reimbursements. On or before July 1,

16 2018, the Department shall increase rates and reimbursements to

17 fund a minimum of a $0.50 per hour wage increase for front-line

18 personnel, including, but not limited to, direct support

19 persons, aides, front-line supervisors, qualified intellectual

20 disabilities professionals, nurses, and non-administrative

21 support staff working in community-based provider

22 organizations serving individuals with developmental

23 disabilities.

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1 Section 5-5. The Military Code of Illinois is amended by

2 changing Section 22-3 as follows:

3 (20 ILCS 1805/22-3) (from Ch. 129, par. 220.22-3)

4 Sec. 22-3. All monies received from the sale of Illinois

5 National Guard facilities and lands pursuant to authority

6 contained in Section 22-2, all monies received from the

7 transfer or exchange of any realty under the control of the

8 Department pursuant to authority contained in Section 22-5, and

9 all funds received from the Federal government under terms of

10 the Federal Master Cooperative Agreement related to

11 constructing and maintaining real property between the

12 Department of Military Affairs and the United States Property

13 and Fiscal Officer for Illinoisshall be paid into the State

14 Treasury without delay and shall be deposited ~~covered~~into a

15 special fund to be known as the Illinois National Guard

16 Construction Fund. The monies in this fund shall be used

17 exclusively by the Adjutant General for the purpose of

18 acquiring building sites, ~~and~~constructing new facilities,

19 rehabilitating existing facilities, and making other capital

20 improvements. The provisions directing the distributions from

21 the Illinois National Guard Construction Fund provided for in

22 this Section shall constitute an irrevocable and continuing

23 appropriation of all amounts as provided herein. The State

24 Treasurer and State Comptroller are hereby authorized and

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1 directed to make distributions as provided in this Section.

2 ~~Expenditures from this fund shall be subject to appropriation~~

3 ~~by the General Assembly and written release by the Governor.~~

4 (Source: P.A. 97-764, eff. 7-6-12.)

5 (20 ILCS 1805/22-6 rep.)

6 Section 5-10. The Military Code of Illinois is amended by

7 repealing Section 22-6.

8 Section 5-15. The State Finance Act is amended by changing

9 Sections 5.857, 6t, 6z-30, 6z-32, 6z-45, 6z-52, 6z-100, 8.3,

10 8.25e, 8g, and 8g-1 as follows:

11 (30 ILCS 105/5.857)

12 (Section scheduled to be repealed on July 1, 2017)

13 Sec. 5.857. The Capital Development Board Revolving Fund.

14 This Section is repealed July 1, 2018 ~~2017~~.

15 (Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15;

16 99-523, eff. 6-30-16.)

17 (30 ILCS 105/6t) (from Ch. 127, par. 142t)

18 Sec. 6t. The Capital Development Board Contributory Trust

19 Fund is created and there shall be paid into the Capital

20 Development Board Contributory Trust Fund the monies

21 contributed by and received from Public Community College

22 Districts, Elementary, Secondary, and Unit School Districts,

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1 and Vocational Education Facilities, provided, however, no

2 monies shall be required from a participating Public Community

3 College District, Elementary, Secondary, or Unit School

4 District, or Vocational Education Facility more than 30 days

5 prior to anticipated need under the particular contract for the

6 Public Community College District, Elementary, Secondary, or

7 Unit School District, or Vocational Education Facility. No

8 monies in any fund in the State Treasury, nor any funds under

9 the control or beneficial control of any state agency,

10 university, college, department, commission, board or any

11 other unit of state government shall be deposited, paid into,

12 or by any other means caused to be placed into the Capital

13 Development Board Contributory Trust Fund, except for federal

14 funds, bid bond forfeitures, and insurance proceeds as provided

15 for below.

16 Except as provided in Section 22-3 of the Military Code of

17 Illinois, there ~~There~~ shall be paid into the Capital

18 Development Board Contributory Trust Fund all federal funds to

19 be utilized for the construction of capital projects under the

20 jurisdiction of the Capital Development Board, and all proceeds

21 resulting from such federal funds. All such funds shall be

22 remitted to the Capital Development Board within 10 working

23 days of their receipt by the receiving authority.

24 There shall also be paid into this Fund all monies

25 designated as gifts, donations or charitable contributions

26 which may be contributed by an individual or entity, whether

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1 public or private, for a specific capital improvement project.

2 There shall also be paid into this Fund all proceeds from

3 bid bond forfeitures in connection with any project formally

4 bid and awarded by the Capital Development Board.

5 There shall also be paid into this Fund all builders risk

6 insurance policy proceeds and all other funds recovered from

7 contractors, sureties, architects, material suppliers or other

8 persons contracting with the Capital Development Board for

9 capital improvement projects which are received by way of

10 reimbursement for losses resulting from destruction of or

11 damage to capital improvement projects while under

12 construction by the Capital Development Board or received by

13 way of settlement agreement or court order.

14 The monies in the Capital Development Board Contributory

15 Trust Fund shall be expended only for actual contracts let, and

16 then only for the specific project for which funds were

17 received in accordance with the judgment of the Capital

18 Development Board, compatible with the duties and obligations

19 of the Capital Development Board in furtherance of the specific

20 capital improvement for which such funds were received.

21 Contributions, insured-loss reimbursements or other funds

22 received as damages through settlement or judgement for damage,

23 destruction or loss of capital improvement projects shall be

24 expended for the repair of such projects; or if the projects

25 have been or are being repaired before receipt of the funds,

26 the funds may be used to repair other such capital improvement

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1 projects. Any funds not expended for a project within 36 months

2 after the date received shall be paid into the General

3 Obligation Bond Retirement and Interest Fund.

4 Contributions or insured-loss reimbursements not expended

5 in furtherance of the project for which they were received

6 within 36 months of the date received, shall be returned to the

7 contributing party. Proceeds from builders risk insurance

8 shall be expended only for the amelioration of damage arising

9 from the incident for which the proceeds were paid to the State

10 or the Capital DevelopmentBoard Contributory Trust Fund. Any

11 residual amounts remaining after the completion of such

12 repairs, renovation, reconstruction or other work necessary to

13 restore the capital improvement project to acceptable

14 condition shall be returned to the proper fund or entity

15 financing or contributing towards the cost of the capital

16 improvement project. Such returns shall be made in amounts

17 proportionate to the contributions made in furtherance of the

18 project.

19 Any monies received as a gift, donation or charitable

20 contribution for a specific capital improvement which have not

21 been expended in furtherance of that project shall be returned

22 to the contributing party after completion of the project or if

23 the legislature fails to authorize the capital improvement.

24 Except as provided in Section 22-3 of the Military Code of

25 Illinois, the ~~The~~ unused portion of any federal funds received

26 for a capital improvement project which are not contributed,

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1 upon its completion, towards the cost of the project, shall

2 remain in the Capital Development Board Contributory Trust Fund

3 and shall be used for capital projects and for no other

4 purpose, subject to appropriation and as directed by the

5 Capital Development Board.

6 (Source: P.A. 97-792, eff. 1-1-13.)

7 (30 ILCS 105/6z-30)

8 Sec. 6z-30. University of Illinois Hospital Services Fund.

9 (a) The University of Illinois Hospital Services Fund is

10 created as a special fund in the State Treasury. The following

11 moneys shall be deposited into the Fund:

12 (1) As soon as possible after the beginning of fiscal

13 year 2010, and in no event later than July 30, the State

14 Comptroller and the State Treasurer shall automatically

15 transfer $30,000,000 from the General Revenue Fund to the

16 University of Illinois Hospital Services Fund.

17 (1.5) Starting in fiscal year 2011, and continuing

18 through fiscal year 2017,as soon as possible after the

19 beginning of each fiscal year, and in no event later than

20 July 30, the State Comptroller and the State Treasurer

21 shall automatically transfer $45,000,000 from the General

22 Revenue Fund to the University of Illinois Hospital

23 Services Fund; except that, in fiscal year 2012 only, the

24 State Comptroller and the State Treasurer shall transfer

25 $90,000,000 from the General Revenue Fund to the University

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1 of Illinois Hospital Services Fund under this paragraph,

2 and, in fiscal year 2013 only, the State Comptroller and

3 the State Treasurer shall transfer no amounts from the

4 General Revenue Fund to the University of Illinois Hospital

5 Services Fund under this paragraph.

6 (1.7) Starting in fiscal year 2018, at the direction of

7 and upon notification from the Director of Healthcare and

8 Family Services, the State Comptroller shall direct and the

9 State Treasurer shall transfer an amount of at least

10 $20,000,000 but not exceeding a total of $45,000,000 from

11 the General Revenue Fund to the University of Illinois

12 Hospital Services Fund in each fiscal year.

13 (2) All intergovernmental transfer payments to the

14 Department of Healthcare and Family Services by the

15 University of Illinois made pursuant to an

16 intergovernmental agreement under subsection (b) or (c) of

17 Section 5A-3 of the Illinois Public Aid Code.

18 (3) All federal matching funds received by the

19 Department of Healthcare and Family Services (formerly

20 Illinois Department of Public Aid) as a result of

21 expenditures made by the Department that are attributable

22 to moneys that were deposited in the Fund.

23 (4) All other moneys received for the Fund from any

24 other source, including interest earned thereon.

25 (b) Moneys in the fund may be used by the Department of

26 Healthcare and Family Services, subject to appropriation and to

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1 an interagency agreement between that Department and the Board

2 of Trustees of the University of Illinois, to reimburse the

3 University of Illinois Hospital for hospital and pharmacy

4 services, to reimburse practitioners who are employed by the

5 University of Illinois, to reimburse other health care

6 facilities and health plans operated by the University of

7 Illinois, and to pass through to the University of Illinois

8 federal financial participation earned by the State as a result

9 of expenditures made by the University of Illinois.

10 (c) (Blank).

11 (Source: P.A. 97-732, eff. 6-30-12; 98-651, eff. 6-16-14.)

12 (30 ILCS 105/6z-32)

13 Sec. 6z-32. Partners for Planning and Conservation.

14 (a) The Partners for Conservation Fund (formerly known as

15 the Conservation 2000 Fund) and the Partners for Conservation

16 Projects Fund (formerly known as the Conservation 2000 Projects

17 Fund) are created as special funds in the State Treasury. These

18 funds shall be used to establish a comprehensive program to

19 protect Illinois' natural resources through cooperative

20 partnerships between State government and public and private

21 landowners. Moneys in these Funds may be used, subject to

22 appropriation, by the Department of Natural Resources,

23 Environmental Protection Agency, and the Department of

24 Agriculture for purposes relating to natural resource

25 protection, planning, recreation, tourism, and compatible

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1 agricultural and economic development activities. Without

2 limiting these general purposes, moneys in these Funds may be

3 used, subject to appropriation, for the following specific

4 purposes:

5 (1) To foster sustainable agriculture practices and

6 control soil erosion and sedimentation, including grants

7 to Soil and Water Conservation Districts for conservation

8 practice cost-share grants and for personnel, educational,

9 and administrative expenses.

10 (2) To establish and protect a system of ecosystems in

11 public and private ownership through conservation

12 easements, incentives to public and private landowners,

13 natural resource restoration and preservation, water

14 quality protection and improvement, land use and watershed

15 planning, technical assistance and grants, and land

16 acquisition provided these mechanisms are all voluntary on

17 the part of the landowner and do not involve the use of

18 eminent domain.

19 (3) To develop a systematic and long-term program to

20 effectively measure and monitor natural resources and

21 ecological conditions through investments in technology

22 and involvement of scientific experts.

23 (4) To initiate strategies to enhance, use, and

24 maintain Illinois' inland lakes through education,

25 technical assistance, research, and financial incentives.

26 (5) To partner with private landowners and with units

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1 of State, federal, and local government and with

2 not-for-profit organizations in order to integrate State

3 and federal programs with Illinois' natural resource

4 protection and restoration efforts and to meet

5 requirements to obtain federal and other funds for

6 conservation or protection of natural resources.

7 (b) The State Comptroller and State Treasurer shall

8 automatically transfer on the last day of each month, beginning

9 on September 30, 1995 and ending on June 30, 2021, from the

10 General Revenue Fund to the Partners for Conservation Fund, an

11 amount equal to 1/10 of the amount set forth below in fiscal

12 year 1996 and an amount equal to 1/12 of the amount set forth

13 below in each of the other specified fiscal years:

14	`Fiscal Year`	`Amount`
15	`1996`	`$ 3,500,000`
16	`1997`	`$ 9,000,000`
17	`1998`	`$10,000,000`
18	`1999`	`$11,000,000`
19	`2000`	`$12,500,000`
20	`2001 through 2004`	`$14,000,000`
21	`2005`	`$7,000,000`
22	`2006`	`$11,000,000`
23	`2007`	`$0`
24	`2008 through 2011`~~........................~~	`$14,000,000`
25	`2012`	`$12,200,000`
26	`2013 through` `2017` ~~`2021`....................~~	`$14,000,000`

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1		`2018`	`$1,500,000`
2		`2019 through 2021`	`$14,000,000`

3 (c) Notwithstanding any other provision of law to the

4 contrary and in addition to any other transfers that may be

5 provided for by law, on the last day of each month beginning on

6 July 31, 2006 and ending on June 30, 2007, or as soon

7 thereafter as may be practical, the State Comptroller shall

8 direct and the State Treasurer shall transfer $1,000,000 from

9 the Open Space Lands Acquisition and Development Fund to the

10 Partners for Conservation Fund (formerly known as the

11 Conservation 2000 Fund).

12 (d) There shall be deposited into the Partners for

13 Conservation Projects Fund such bond proceeds and other moneys

14 as may, from time to time, be provided by law.

15 (Source: P.A. 97-641, eff. 12-19-11.)

16 (30 ILCS 105/6z-45)

17 Sec. 6z-45. The School Infrastructure Fund.

18 (a) The School Infrastructure Fund is created as a special

19 fund in the State Treasury.

20 In addition to any other deposits authorized by law,

21 beginning January 1, 2000, on the first day of each month, or

22 as soon thereafter as may be practical, the State Treasurer and

23 State Comptroller shall transfer the sum of $5,000,000 from the

24 General Revenue Fund to the School Infrastructure Fund, except

25 that, notwithstanding any other provision of law, and in

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1 addition to any other transfers that may be provided for by

2 law, before June 30, 2012, the Comptroller and the Treasurer

3 shall transfer $45,000,000 from the General Revenue Fund into

4 the School Infrastructure Fund, and, for fiscal year 2013 only,

5 the Treasurer and the Comptroller shall transfer $1,250,000

6 from the General Revenue Fund to the School Infrastructure Fund

7 on the first day of each month; provided, however, that no such

8 transfers shall be made from July 1, 2001 through June 30,

9 2003.

10 (a-5) Money in the School Infrastructure Fund may be used

11 to pay the expenses of the State Board of Education, the

12 Governor's Office of Management and Budget, and the Capital

13 Development Board in administering programs under the School

14 Construction Law, the total expenses not to exceed $1,315,000

15 in any fiscal year.

16 (b) Subject to the transfer provisions set forth below,

17 money in the School Infrastructure Fund shall, if and when the

18 State of Illinois incurs any bonded indebtedness for the

19 construction of school improvements under subsection (e) of

20 Section 5 of the General Obligation Bond Act~~the School~~

21 ~~Construction Law~~, be set aside and used for the purpose of

22 paying and discharging annually the principal and interest on

23 that bonded indebtedness then due and payable, and for no other

24 purpose.

25 In addition to other transfers to the General Obligation

26 Bond Retirement and Interest Fund made pursuant to Section 15

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1 of the General Obligation Bond Act, upon each delivery of bonds

2 issued for construction of school improvements under the School

3 Construction Law, the State Comptroller shall compute and

4 certify to the State Treasurer the total amount of principal

5 of, interest on, and premium, if any, on such bonds during the

6 then current and each succeeding fiscal year. With respect to

7 the interest payable on variable rate bonds, such

8 certifications shall be calculated at the maximum rate of

9 interest that may be payable during the fiscal year, after

10 taking into account any credits permitted in the related

11 indenture or other instrument against the amount of such

12 interest required to be appropriated for that period.

13 On or before the last day of each month, the State

14 Treasurer and State Comptroller shall transfer from the School

15 Infrastructure Fund to the General Obligation Bond Retirement

16 and Interest Fund an amount sufficient to pay the aggregate of

17 the principal of, interest on, and premium, if any, on the

18 bonds payable on their next payment date, divided by the number

19 of monthly transfers occurring between the last previous

20 payment date (or the delivery date if no payment date has yet

21 occurred) and the next succeeding payment date. Interest

22 payable on variable rate bonds shall be calculated at the

23 maximum rate of interest that may be payable for the relevant

24 period, after taking into account any credits permitted in the

25 related indenture or other instrument against the amount of

26 such interest required to be appropriated for that period.

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1 Interest for which moneys have already been deposited into the

2 capitalized interest account within the General Obligation

3 Bond Retirement and Interest Fund shall not be included in the

4 calculation of the amounts to be transferred under this

5 subsection. Beginning July 1, 2017 through June 30, 2020, no

6 transfers shall be required under this subsection (b) from the

7 School Infrastructure Fund to the General Obligation Bond

8 Retirement and Interest Fund.

9 (b-5) The money deposited into the School Infrastructure

10 Fund from transfers pursuant to subsections (c-30) and (c-35)

11 of Section 13 of the Riverboat Gambling Act shall be applied,

12 without further direction, as provided in subsection (b-3) of

13 Section 5-35 of the School Construction Law.

14 (c) The surplus, if any, in the School Infrastructure Fund

15 after payments made pursuant to subsections (a-5), (b), and

16 (b-5) of this Section shall, subject to appropriation, be used

17 as follows:

18 First - to make 3 payments to the School Technology

19 Revolving Loan Fund as follows:

20 Transfer of $30,000,000 in fiscal year 1999;

21 Transfer of $20,000,000 in fiscal year 2000; and

22 Transfer of $10,000,000 in fiscal year 2001.

23 ~~Second - to pay the expenses of the State Board of~~

24 ~~Education and the Capital Development Board in administering~~

25 ~~programs under the School Construction Law, the total expenses~~

26 ~~not to exceed $1,200,000 in any fiscal year.~~

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1 Second ~~Third~~ - to pay any amounts due for grants for school

2 construction projects and debt service under the School

3 Construction Law.

4 Third ~~Fourth~~ - to pay any amounts due for grants for school

5 maintenance projects under the School Construction Law.

6 (Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)

7 (30 ILCS 105/6z-52)

8 Sec. 6z-52. Drug Rebate Fund.

9 (a) There is created in the State Treasury a special fund

10 to be known as the Drug Rebate Fund.

11 (b) The Fund is created for the purpose of receiving and

12 disbursing moneys in accordance with this Section.

13 Disbursements from the Fund shall be made, subject to

14 appropriation, only as follows:

15 (1) For payments for reimbursement or coverage for

16 prescription drugs and other pharmacy products provided to

17 a recipient of medical assistance under the Illinois Public

18 Aid Code, the Children's Health Insurance Program Act, the

19 Covering ALL KIDS Health Insurance Act, and the Veterans'

20 Health Insurance Program Act of 2008.

21 (1.5) For payments to managed care organizations as

22 defined in Section 5-30.1 of the Illinois Public Aid Code.

23 (2) For reimbursement of moneys collected by the

24 Department of Healthcare and Family Services (formerly

25 Illinois Department of Public Aid) through error or

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1 mistake.

2 (3) For payments of any amounts that are reimbursable

3 to the federal government resulting from a payment into

4 this Fund.

5 (4) For payments of operational and administrative

6 expenses related to providing and managing coverage for

7 prescription drugs and other pharmacy products provided to

8 a recipient of medical assistance under the Illinois Public

9 Aid Code, the Children's Health Insurance Program Act, the

10 Covering ALL KIDS Health Insurance Act, and the Veterans'

11 Health Insurance Program Act of 2008~~, and the Senior~~

12 ~~Citizens and Disabled Persons Property Tax Relief and~~

13 ~~Pharmaceutical Assistance Act~~.

14 (c) The Fund shall consist of the following:

15 (1) Upon notification from the Director of Healthcare

16 and Family Services, the Comptroller shall direct and the

17 Treasurer shall transfer the net State share (disregarding

18 the reduction in net State share attributable to the

19 American Recovery and Reinvestment Act of 2009 or any other

20 federal economic stimulus program) of all moneys received

21 by the Department of Healthcare and Family Services

22 (formerly Illinois Department of Public Aid) from drug

23 rebate agreements with pharmaceutical manufacturers

24 pursuant to Title XIX of the federal Social Security Act,

25 including any portion of the balance in the Public Aid

26 Recoveries Trust Fund on July 1, 2001 that is attributable

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1 to such receipts.

2 (2) All federal matching funds received by the Illinois

3 Department as a result of expenditures made by the

4 Department that are attributable to moneys deposited in the

5 Fund.

6 (3) Any premium collected by the Illinois Department

7 from participants under a waiver approved by the federal

8 government relating to provision of pharmaceutical

9 services.

10 (4) All other moneys received for the Fund from any

11 other source, including interest earned thereon.

12 (Source: P.A. 96-8, eff. 4-28-09; 96-1100, eff. 1-1-11; 97-689,

13 eff. 7-1-12.)

14 (30 ILCS 105/6z-100)

15 (Section scheduled to be repealed on July 1, 2017)

16 Sec. 6z-100. Capital Development Board Revolving Fund;

17 payments into and use. All monies received by the Capital

18 Development Board for publications or copies issued by the

19 Board, and all monies received for contract administration

20 fees, charges, or reimbursements owing to the Board shall be

21 deposited into a special fund known as the Capital Development

22 Board Revolving Fund, which is hereby created in the State

23 treasury. The monies in this Fund shall be used by the Capital

24 Development Board, as appropriated, for expenditures for

25 personal services, retirement, social security, contractual

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1 services, legal services, travel, commodities, printing,

2 equipment, electronic data processing, or telecommunications.

3 Unexpended moneys in the Fund shall not be transferred or

4 allocated by the Comptroller or Treasurer to any other fund,

5 nor shall the Governor authorize the transfer or allocation of

6 those moneys to any other fund. This Section is repealed July

7 1, 2018 ~~2017~~.

8 (Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)

9 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)

10 Sec. 8.3. Money in the Road Fund shall, if and when the

11 State of Illinois incurs any bonded indebtedness for the

12 construction of permanent highways, be set aside and used for

13 the purpose of paying and discharging annually the principal

14 and interest on that bonded indebtedness then due and payable,

15 and for no other purpose. The surplus, if any, in the Road Fund

16 after the payment of principal and interest on that bonded

17 indebtedness then annually due shall be used as follows:

18 first -- to pay the cost of administration of Chapters

19 2 through 10 of the Illinois Vehicle Code, except the cost

20 of administration of Articles I and II of Chapter 3 of that

21 Code; and

22 secondly -- for expenses of the Department of

23 Transportation for construction, reconstruction,

24 improvement, repair, maintenance, operation, and

25 administration of highways in accordance with the

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1 provisions of laws relating thereto, or for any purpose

2 related or incident to and connected therewith, including

3 the separation of grades of those highways with railroads

4 and with highways and including the payment of awards made

5 by the Illinois Workers' Compensation Commission under the

6 terms of the Workers' Compensation Act or Workers'

7 Occupational Diseases Act for injury or death of an

8 employee of the Division of Highways in the Department of

9 Transportation; or for the acquisition of land and the

10 erection of buildings for highway purposes, including the

11 acquisition of highway right-of-way or for investigations

12 to determine the reasonably anticipated future highway

13 needs; or for making of surveys, plans, specifications and

14 estimates for and in the construction and maintenance of

15 flight strips and of highways necessary to provide access

16 to military and naval reservations, to defense industries

17 and defense-industry sites, and to the sources of raw

18 materials and for replacing existing highways and highway

19 connections shut off from general public use at military

20 and naval reservations and defense-industry sites, or for

21 the purchase of right-of-way, except that the State shall

22 be reimbursed in full for any expense incurred in building

23 the flight strips; or for the operating and maintaining of

24 highway garages; or for patrolling and policing the public

25 highways and conserving the peace; or for the operating

26 expenses of the Department relating to the administration

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1 of public transportation programs; or, during fiscal year

2 2012 only, for the purposes of a grant not to exceed

3 $8,500,000 to the Regional Transportation Authority on

4 behalf of PACE for the purpose of ADA/Para-transit

5 expenses; or, during fiscal year 2013 only, for the

6 purposes of a grant not to exceed $3,825,000 to the

7 Regional Transportation Authority on behalf of PACE for the

8 purpose of ADA/Para-transit expenses; or, during fiscal

9 year 2014 only, for the purposes of a grant not to exceed

10 $3,825,000 to the Regional Transportation Authority on

11 behalf of PACE for the purpose of ADA/Para-transit

12 expenses; or, during fiscal year 2015 only, for the

13 purposes of a grant not to exceed $3,825,000 to the

14 Regional Transportation Authority on behalf of PACE for the

15 purpose of ADA/Para-transit expenses; or, during fiscal

16 year 2016 only, for the purposes of a grant not to exceed

17 $3,825,000 to the Regional Transportation Authority on

18 behalf of PACE for the purpose of ADA/Para-transit

19 expenses; or, during fiscal year 2017 only, for the

20 purposes of a grant not to exceed $3,825,000 to the

21 Regional Transportation Authority on behalf of PACE for the

22 purpose of ADA/Para-transit expenses; or for any of those

23 purposes or any other purpose that may be provided by law.

24 Appropriations for any of those purposes are payable from

25 the Road Fund. Appropriations may also be made from the Road

26 Fund for the administrative expenses of any State agency that

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1 are related to motor vehicles or arise from the use of motor

2 vehicles.

3 Beginning with fiscal year 1980 and thereafter, no Road

4 Fund monies shall be appropriated to the following Departments

5 or agencies of State government for administration, grants, or

6 operations; but this limitation is not a restriction upon

7 appropriating for those purposes any Road Fund monies that are

8 eligible for federal reimbursement;

9 1. Department of Public Health;

10 2. Department of Transportation, only with respect to

11 subsidies for one-half fare Student Transportation and

12 Reduced Fare for Elderly, except during fiscal year 2012

13 only when no more than $40,000,000 may be expended and

14 except during fiscal year 2013 only when no more than

15 $17,570,300 may be expended and except during fiscal year

16 2014 only when no more than $17,570,000 may be expended and

17 except during fiscal year 2015 only when no more than

18 $17,570,000 may be expended and except during fiscal year

19 2016 only when no more than $17,570,000 may be expended and

20 except during fiscal year 2017 only when no more than

21 $17,570,000 may be expended;

22 3. Department of Central Management Services, except

23 for expenditures incurred for group insurance premiums of

24 appropriate personnel;

25 4. Judicial Systems and Agencies.

26 Beginning with fiscal year 1981 and thereafter, no Road

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1 Fund monies shall be appropriated to the following Departments

2 or agencies of State government for administration, grants, or

3 operations; but this limitation is not a restriction upon

4 appropriating for those purposes any Road Fund monies that are

5 eligible for federal reimbursement:

6 1. Department of State Police, except for expenditures

7 with respect to the Division of Operations;

8 2. Department of Transportation, only with respect to

9 Intercity Rail Subsidies, except during fiscal year 2012

10 only when no more than $40,000,000 may be expended and

11 except during fiscal year 2013 only when no more than

12 $26,000,000 may be expended and except during fiscal year

13 2014 only when no more than $38,000,000 may be expended and

14 except during fiscal year 2015 only when no more than

15 $42,000,000 may be expended and except during fiscal year

16 2016 only when no more than $38,300,000 may be expended and

17 except during fiscal year 2017 only when no more than

18 $50,000,000 may be expended and except during fiscal year

19 2018 only when no more than $52,000,000 may be expended,

20 and Rail Freight Services.

21 Beginning with fiscal year 1982 and thereafter, no Road

22 Fund monies shall be appropriated to the following Departments

23 or agencies of State government for administration, grants, or

24 operations; but this limitation is not a restriction upon

25 appropriating for those purposes any Road Fund monies that are

26 eligible for federal reimbursement: Department of Central

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1 Management Services, except for awards made by the Illinois

2 Workers' Compensation Commission under the terms of the

3 Workers' Compensation Act or Workers' Occupational Diseases

4 Act for injury or death of an employee of the Division of

5 Highways in the Department of Transportation.

6 Beginning with fiscal year 1984 and thereafter, no Road

7 Fund monies shall be appropriated to the following Departments

8 or agencies of State government for administration, grants, or

9 operations; but this limitation is not a restriction upon

10 appropriating for those purposes any Road Fund monies that are

11 eligible for federal reimbursement:

12 1. Department of State Police, except not more than 40%

13 of the funds appropriated for the Division of Operations;

14 2. State Officers.

15 Beginning with fiscal year 1984 and thereafter, no Road

16 Fund monies shall be appropriated to any Department or agency

17 of State government for administration, grants, or operations

18 except as provided hereafter; but this limitation is not a

19 restriction upon appropriating for those purposes any Road Fund

20 monies that are eligible for federal reimbursement. It shall

21 not be lawful to circumvent the above appropriation limitations

22 by governmental reorganization or other methods.

23 Appropriations shall be made from the Road Fund only in

24 accordance with the provisions of this Section.

25 Money in the Road Fund shall, if and when the State of

26 Illinois incurs any bonded indebtedness for the construction of

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1 permanent highways, be set aside and used for the purpose of

2 paying and discharging during each fiscal year the principal

3 and interest on that bonded indebtedness as it becomes due and

4 payable as provided in the Transportation Bond Act, and for no

5 other purpose. The surplus, if any, in the Road Fund after the

6 payment of principal and interest on that bonded indebtedness

7 then annually due shall be used as follows:

8 first -- to pay the cost of administration of Chapters

9 2 through 10 of the Illinois Vehicle Code; and

10 secondly -- no Road Fund monies derived from fees,

11 excises, or license taxes relating to registration,

12 operation and use of vehicles on public highways or to

13 fuels used for the propulsion of those vehicles, shall be

14 appropriated or expended other than for costs of

15 administering the laws imposing those fees, excises, and

16 license taxes, statutory refunds and adjustments allowed

17 thereunder, administrative costs of the Department of

18 Transportation, including, but not limited to, the

19 operating expenses of the Department relating to the

20 administration of public transportation programs, payment

21 of debts and liabilities incurred in construction and

22 reconstruction of public highways and bridges, acquisition

23 of rights-of-way for and the cost of construction,

24 reconstruction, maintenance, repair, and operation of

25 public highways and bridges under the direction and

26 supervision of the State, political subdivision, or

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1 municipality collecting those monies, or during fiscal

2 year 2012 only for the purposes of a grant not to exceed

3 $8,500,000 to the Regional Transportation Authority on

4 behalf of PACE for the purpose of ADA/Para-transit

5 expenses, or during fiscal year 2013 only for the purposes

6 of a grant not to exceed $3,825,000 to the Regional

7 Transportation Authority on behalf of PACE for the purpose

8 of ADA/Para-transit expenses, or during fiscal year 2014

9 only for the purposes of a grant not to exceed $3,825,000

10 to the Regional Transportation Authority on behalf of PACE

11 for the purpose of ADA/Para-transit expenses, or during

12 fiscal year 2015 only for the purposes of a grant not to

13 exceed $3,825,000 to the Regional Transportation Authority

14 on behalf of PACE for the purpose of ADA/Para-transit

15 expenses, or during fiscal year 2016 only for the purposes

16 of a grant not to exceed $3,825,000 to the Regional

17 Transportation Authority on behalf of PACE for the purpose

18 of ADA/Para-transit expenses, or during fiscal year 2017

19 only for the purposes of a grant not to exceed $3,825,000

20 to the Regional Transportation Authority on behalf of PACE

21 for the purpose of ADA/Para-transit expenses, and the costs

22 for patrolling and policing the public highways (by State,

23 political subdivision, or municipality collecting that

24 money) for enforcement of traffic laws. The separation of

25 grades of such highways with railroads and costs associated

26 with protection of at-grade highway and railroad crossing

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1 shall also be permissible.

2 Appropriations for any of such purposes are payable from

3 the Road Fund or the Grade Crossing Protection Fund as provided

4 in Section 8 of the Motor Fuel Tax Law.

5 Except as provided in this paragraph, beginning with fiscal

6 year 1991 and thereafter, no Road Fund monies shall be

7 appropriated to the Department of State Police for the purposes

8 of this Section in excess of its total fiscal year 1990 Road

9 Fund appropriations for those purposes unless otherwise

10 provided in Section 5g of this Act. For fiscal years 2003,

11 2004, 2005, 2006, and 2007 only, no Road Fund monies shall be

12 appropriated to the Department of State Police for the purposes

13 of this Section in excess of $97,310,000. For fiscal year 2008

14 only, no Road Fund monies shall be appropriated to the

15 Department of State Police for the purposes of this Section in

16 excess of $106,100,000. For fiscal year 2009 only, no Road Fund

17 monies shall be appropriated to the Department of State Police

18 for the purposes of this Section in excess of $114,700,000.

19 Beginning in fiscal year 2010, no road fund moneys shall be

20 appropriated to the Department of State Police. It shall not be

21 lawful to circumvent this limitation on appropriations by

22 governmental reorganization or other methods unless otherwise

23 provided in Section 5g of this Act.

24 In fiscal year 1994, no Road Fund monies shall be

25 appropriated to the Secretary of State for the purposes of this

26 Section in excess of the total fiscal year 1991 Road Fund

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1 appropriations to the Secretary of State for those purposes,

2 plus $9,800,000. It shall not be lawful to circumvent this

3 limitation on appropriations by governmental reorganization or

4 other method.

5 Beginning with fiscal year 1995 and thereafter, no Road

6 Fund monies shall be appropriated to the Secretary of State for

7 the purposes of this Section in excess of the total fiscal year

8 1994 Road Fund appropriations to the Secretary of State for

9 those purposes. It shall not be lawful to circumvent this

10 limitation on appropriations by governmental reorganization or

11 other methods.

12 Beginning with fiscal year 2000, total Road Fund

13 appropriations to the Secretary of State for the purposes of

14 this Section shall not exceed the amounts specified for the

15 following fiscal years:

16	`Fiscal Year 2000`	`$80,500,000;`
17	`Fiscal Year 2001`	`$80,500,000;`
18	`Fiscal Year 2002`	`$80,500,000;`
19	`Fiscal Year 2003`	`$130,500,000;`
20	`Fiscal Year 2004`	`$130,500,000;`
21	`Fiscal Year 2005`	`$130,500,000;`
22	`Fiscal Year 2006`	`$130,500,000;`
23	`Fiscal Year 2007`	`$130,500,000;`
24	`Fiscal Year 2008`	`$130,500,000;`
25	`Fiscal Year 2009`	`$130,500,000.`

26 For fiscal year 2010, no road fund moneys shall be

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1 appropriated to the Secretary of State.

2 Beginning in fiscal year 2011, moneys in the Road Fund

3 shall be appropriated to the Secretary of State for the

4 exclusive purpose of paying refunds due to overpayment of fees

5 related to Chapter 3 of the Illinois Vehicle Code unless

6 otherwise provided for by law.

7 It shall not be lawful to circumvent this limitation on

8 appropriations by governmental reorganization or other

9 methods.

10 No new program may be initiated in fiscal year 1991 and

11 thereafter that is not consistent with the limitations imposed

12 by this Section for fiscal year 1984 and thereafter, insofar as

13 appropriation of Road Fund monies is concerned.

14 Nothing in this Section prohibits transfers from the Road

15 Fund to the State Construction Account Fund under Section 5e of

16 this Act; nor to the General Revenue Fund, as authorized by

17 this amendatory Act of the 93rd General Assembly.

18 The additional amounts authorized for expenditure in this

19 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

20 shall be repaid to the Road Fund from the General Revenue Fund

21 in the next succeeding fiscal year that the General Revenue

22 Fund has a positive budgetary balance, as determined by

23 generally accepted accounting principles applicable to

24 government.

25 The additional amounts authorized for expenditure by the

26 Secretary of State and the Department of State Police in this

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1 Section by this amendatory Act of the 94th General Assembly

2 shall be repaid to the Road Fund from the General Revenue Fund

3 in the next succeeding fiscal year that the General Revenue

4 Fund has a positive budgetary balance, as determined by

5 generally accepted accounting principles applicable to

6 government.

7 (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;

8 99-523, eff. 6-30-16.)

9 (30 ILCS 105/8.25e) (from Ch. 127, par. 144.25e)

10 Sec. 8.25e. (a) The State Comptroller and the State

11 Treasurer shall automatically transfer on the first day of each

12 month, beginning on February 1, 1988, from the General Revenue

13 Fund to each of the funds then supplemented by the pari-mutuel

14 tax pursuant to Section 28 of the Illinois Horse Racing Act of

15 1975, an amount equal to (i) the amount of pari-mutuel tax

16 deposited into such fund during the month in fiscal year 1986

17 which corresponds to the month preceding such transfer, minus

18 (ii) the amount of pari-mutuel tax (or the replacement transfer

19 authorized bysubsection (d) of Section 8g ~~Section 8g(d)~~ of

20 this Act and subsection (d) of Section 28.1 ~~Section 28.1(d)~~ of

21 the IllinoisHorse Racing Act of 1975) deposited into such fund

22 during the month preceding such transfer; provided, however,

23 that no transfer shall be made to a fund if such amount for

24 that fund is equal to or less than zero and provided that no

25 transfer shall be made to a fund in any fiscal year after the

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1 amount deposited into such fund exceeds the amount of

2 pari-mutuel tax deposited into such fund during fiscal year

3 1986.

4 (b) The State Comptroller and the State Treasurer shall

5 automatically transfer on the last day of each month, beginning

6 on October 1, 1989 and ending on June 30, 2017, from the

7 General Revenue Fund to the Metropolitan Exposition,

8 Auditorium and Office Building Fund, the amount of $2,750,000

9 plus any cumulative deficiencies in such transfers for prior

10 months, until the sum of $16,500,000 has been transferred for

11 the fiscal year beginning July 1, 1989 and until the sum of

12 $22,000,000 has been transferred for each fiscal year

13 thereafter.

14 (b-5) The State Comptroller and the State Treasurer shall

15 automatically transfer on the last day of each month, beginning

16 on July 1, 2017, from the General Revenue Fund to the

17 Metropolitan Exposition, Auditorium and Office Building Fund,

18 the amount of $1,500,000 plus any cumulative deficiencies in

19 such transfers for prior months, until the sum of $12,000,000

20 has been transferred for each fiscal year thereafter.

21 (c) After the transfer of funds from the Metropolitan

22 Exposition,Auditorium and Office Building Fund to the Bond

23 Retirement Fund pursuant to subsection (b) of Section 15

24 ~~Section 15(b)~~ of the Metropolitan Civic Center Support Act, the

25 State Comptroller and the State Treasurer shall automatically

26 transfer on the last day of each month, beginning on October 1,

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1 1989 and ending on June 30, 2017, from the Metropolitan

2 Exposition,Auditorium and Office Building Fund to the Park and

3 Conservation Fund the amount of $1,250,000 plus any cumulative

4 deficiencies in such transfers for prior months, until the sum

5 of $7,500,000 has been transferred for the fiscal year

6 beginning July 1, 1989 and until the sum of $10,000,000 has

7 been transferred for each fiscal year thereafter.

8 (Source: P.A. 91-25, eff. 6-9-99.)

9 (30 ILCS 105/8g)

10 Sec. 8g. Fund transfers.

11 (a) In addition to any other transfers that may be provided

12 for by law, as soon as may be practical after the effective

13 date of this amendatory Act of the 91st General Assembly, the

14 State Comptroller shall direct and the State Treasurer shall

15 transfer the sum of $10,000,000 from the General Revenue Fund

16 to the Motor Vehicle License Plate Fund created by Senate Bill

17 1028 of the 91st General Assembly.

18 (b) In addition to any other transfers that may be provided

19 for by law, as soon as may be practical after the effective

20 date of this amendatory Act of the 91st General Assembly, the

21 State Comptroller shall direct and the State Treasurer shall

22 transfer the sum of $25,000,000 from the General Revenue Fund

23 to the Fund for Illinois' Future created by Senate Bill 1066 of

24 the 91st General Assembly.

25 (c) In addition to any other transfers that may be provided

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1 for by law, on August 30 of each fiscal year's license period,

2 the Illinois Liquor Control Commission shall direct and the

3 State Comptroller and State Treasurer shall transfer from the

4 General Revenue Fund to the Youth Alcoholism and Substance

5 Abuse Prevention Fund an amount equal to the number of retail

6 liquor licenses issued for that fiscal year multiplied by $50.

7 (d) The payments to programs required under subsection (d)

8 of Section 28.1 of the Illinois Horse Racing Act of 1975 shall

9 be made, pursuant to appropriation, from the special funds

10 referred to in the statutes cited in that subsection, rather

11 than directly from the General Revenue Fund.

12 Beginning January 1, 2000, on the first day of each month,

13 or as soon as may be practical thereafter, the State

14 Comptroller shall direct and the State Treasurer shall transfer

15 from the General Revenue Fund to each of the special funds from

16 which payments are to be made under subsection (d) of Section

17 28.1 of the Illinois Horse Racing Act of 1975 an amount equal

18 to 1/12 of the annual amount required for those payments from

19 that special fund, which annual amount shall not exceed the

20 annual amount for those payments from that special fund for the

21 calendar year 1998. The special funds to which transfers shall

22 be made under this subsection (d) include, but are not

23 necessarily limited to, the Agricultural Premium Fund; the

24 Metropolitan Exposition, Auditorium and Office Building Fund;

25 the Fair and Exposition Fund; the Illinois Standardbred

26 Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the

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1 Illinois Veterans' Rehabilitation Fund. Except that, during

2 State fiscal year 2018 only, the State Comptroller shall direct

3 and the State Treasurer shall transfer amounts from the General

4 Revenue Fund to the designated funds not exceeding the

5 following amounts:

6	`Agricultural Premium Fund`.....................	`$0`
7	`Fair and Exposition Fund`......................	`0`
8	`Illinois Standardbred Breeders Fund`...........	`0`
9	`Illinois Thoroughbred Breeders Fund`...........	`0`
10	`Illinois Veterans' Rehabilitation Fund`........	`0`

11 (e) In addition to any other transfers that may be provided

12 for by law, as soon as may be practical after the effective

13 date of this amendatory Act of the 91st General Assembly, but

14 in no event later than June 30, 2000, the State Comptroller

15 shall direct and the State Treasurer shall transfer the sum of

16 $15,000,000 from the General Revenue Fund to the Fund for

17 Illinois' Future.

18 (f) In addition to any other transfers that may be provided

19 for by law, as soon as may be practical after the effective

20 date of this amendatory Act of the 91st General Assembly, but

21 in no event later than June 30, 2000, the State Comptroller

22 shall direct and the State Treasurer shall transfer the sum of

23 $70,000,000 from the General Revenue Fund to the Long-Term Care

24 Provider Fund.

25 (f-1) In fiscal year 2002, in addition to any other

26 transfers that may be provided for by law, at the direction of

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1 and upon notification from the Governor, the State Comptroller

2 shall direct and the State Treasurer shall transfer amounts not

3 exceeding a total of $160,000,000 from the General Revenue Fund

4 to the Long-Term Care Provider Fund.

5 (g) In addition to any other transfers that may be provided

6 for by law, on July 1, 2001, or as soon thereafter as may be

7 practical, the State Comptroller shall direct and the State

8 Treasurer shall transfer the sum of $1,200,000 from the General

9 Revenue Fund to the Violence Prevention Fund.

10 (h) In each of fiscal years 2002 through 2004, but not

11 thereafter, in addition to any other transfers that may be

12 provided for by law, the State Comptroller shall direct and the

13 State Treasurer shall transfer $5,000,000 from the General

14 Revenue Fund to the Tourism Promotion Fund.

15 (i) On or after July 1, 2001 and until May 1, 2002, in

16 addition to any other transfers that may be provided for by

17 law, at the direction of and upon notification from the

18 Governor, the State Comptroller shall direct and the State

19 Treasurer shall transfer amounts not exceeding a total of

20 $80,000,000 from the General Revenue Fund to the Tobacco

21 Settlement Recovery Fund. Any amounts so transferred shall be

22 re-transferred by the State Comptroller and the State Treasurer

23 from the Tobacco Settlement Recovery Fund to the General

24 Revenue Fund at the direction of and upon notification from the

25 Governor, but in any event on or before June 30, 2002.

26 (i-1) On or after July 1, 2002 and until May 1, 2003, in

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1 addition to any other transfers that may be provided for by

2 law, at the direction of and upon notification from the

3 Governor, the State Comptroller shall direct and the State

4 Treasurer shall transfer amounts not exceeding a total of

5 $80,000,000 from the General Revenue Fund to the Tobacco

6 Settlement Recovery Fund. Any amounts so transferred shall be

7 re-transferred by the State Comptroller and the State Treasurer

8 from the Tobacco Settlement Recovery Fund to the General

9 Revenue Fund at the direction of and upon notification from the

10 Governor, but in any event on or before June 30, 2003.

11 (j) On or after July 1, 2001 and no later than June 30,

12 2002, in addition to any other transfers that may be provided

13 for by law, at the direction of and upon notification from the

14 Governor, the State Comptroller shall direct and the State

15 Treasurer shall transfer amounts not to exceed the following

16 sums into the Statistical Services Revolving Fund:

17	`From the General Revenue Fund`.................	`$8,450,000`
18	`From the Public Utility Fund`..................	`1,700,000`
19	`From the Transportation Regulatory Fund`.......	`2,650,000`
20	`From the Title III Social Security and`
21	`Employment Fund`..............................	`3,700,000`
22	`From the Professions Indirect Cost Fund`.......	`4,050,000`
23	`From the Underground Storage Tank Fund`........	`550,000`
24	`From the Agricultural Premium Fund`............	`750,000`
25	`From the State Pensions Fund`..................	`200,000`
26	`From the Road Fund`............................	`2,000,000`

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1	`From the Health Facilities`
2	`Planning Fund`................................	`1,000,000`
3	`From the Savings and Residential Finance`
4	`Regulatory Fund`..............................	`130,800`
5	`From the Appraisal Administration Fund`........	`28,600`
6	`From the Pawnbroker Regulation Fund`...........	`3,600`
7	`From the Auction Regulation`
8	`Administration Fund`..........................	`35,800`
9	`From the Bank and Trust Company Fund`..........	`634,800`
10	`From the Real Estate License`
11	`Administration Fund`..........................	`313,600`

12 (k) In addition to any other transfers that may be provided

13 for by law, as soon as may be practical after the effective

14 date of this amendatory Act of the 92nd General Assembly, the

15 State Comptroller shall direct and the State Treasurer shall

16 transfer the sum of $2,000,000 from the General Revenue Fund to

17 the Teachers Health Insurance Security Fund.

18 (k-1) In addition to any other transfers that may be

19 provided for by law, on July 1, 2002, or as soon as may be

20 practical thereafter, the State Comptroller shall direct and

21 the State Treasurer shall transfer the sum of $2,000,000 from

22 the General Revenue Fund to the Teachers Health Insurance

23 Security Fund.

24 (k-2) In addition to any other transfers that may be

25 provided for by law, on July 1, 2003, or as soon as may be

26 practical thereafter, the State Comptroller shall direct and

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1 the State Treasurer shall transfer the sum of $2,000,000 from

2 the General Revenue Fund to the Teachers Health Insurance

3 Security Fund.

4 (k-3) On or after July 1, 2002 and no later than June 30,

5 2003, in addition to any other transfers that may be provided

6 for by law, at the direction of and upon notification from the

7 Governor, the State Comptroller shall direct and the State

8 Treasurer shall transfer amounts not to exceed the following

9 sums into the Statistical Services Revolving Fund:

10	`Appraisal Administration Fund`.................	`$150,000`
11	`General Revenue Fund`..........................	`10,440,000`
12	`Savings and Residential Finance`
13	`Regulatory Fund`...........................	`200,000`
14	`State Pensions Fund`...........................	`100,000`
15	`Bank and Trust Company Fund`...................	`100,000`
16	`Professions Indirect Cost Fund`................	`3,400,000`
17	`Public Utility Fund`...........................	`2,081,200`
18	`Real Estate License Administration Fund`.......	`150,000`
19	`Title III Social Security and`
20	`Employment Fund`...........................	`1,000,000`
21	`Transportation Regulatory Fund`................	`3,052,100`
22	`Underground Storage Tank Fund`.................	`50,000`

23 (l) In addition to any other transfers that may be provided

24 for by law, on July 1, 2002, or as soon as may be practical

25 thereafter, the State Comptroller shall direct and the State

26 Treasurer shall transfer the sum of $3,000,000 from the General

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1 Revenue Fund to the Presidential Library and Museum Operating

2 Fund.

3 (m) In addition to any other transfers that may be provided

4 for by law, on July 1, 2002 and on the effective date of this

5 amendatory Act of the 93rd General Assembly, or as soon

6 thereafter as may be practical, the State Comptroller shall

7 direct and the State Treasurer shall transfer the sum of

8 $1,200,000 from the General Revenue Fund to the Violence

9 Prevention Fund.

10 (n) In addition to any other transfers that may be provided

11 for by law, on July 1, 2003, or as soon thereafter as may be

12 practical, the State Comptroller shall direct and the State

13 Treasurer shall transfer the sum of $6,800,000 from the General

14 Revenue Fund to the DHS Recoveries Trust Fund.

15 (o) On or after July 1, 2003, and no later than June 30,

16 2004, in addition to any other transfers that may be provided

17 for by law, at the direction of and upon notification from the

18 Governor, the State Comptroller shall direct and the State

19 Treasurer shall transfer amounts not to exceed the following

20 sums into the Vehicle Inspection Fund:

21 From the Underground Storage Tank Fund ....... $35,000,000.

22 (p) On or after July 1, 2003 and until May 1, 2004, in

23 addition to any other transfers that may be provided for by

24 law, at the direction of and upon notification from the

25 Governor, the State Comptroller shall direct and the State

26 Treasurer shall transfer amounts not exceeding a total of

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1 $80,000,000 from the General Revenue Fund to the Tobacco

2 Settlement Recovery Fund. Any amounts so transferred shall be

3 re-transferred from the Tobacco Settlement Recovery Fund to the

4 General Revenue Fund at the direction of and upon notification

5 from the Governor, but in any event on or before June 30, 2004.

6 (q) In addition to any other transfers that may be provided

7 for by law, on July 1, 2003, or as soon as may be practical

8 thereafter, the State Comptroller shall direct and the State

9 Treasurer shall transfer the sum of $5,000,000 from the General

10 Revenue Fund to the Illinois Military Family Relief Fund.

11 (r) In addition to any other transfers that may be provided

12 for by law, on July 1, 2003, or as soon as may be practical

13 thereafter, the State Comptroller shall direct and the State

14 Treasurer shall transfer the sum of $1,922,000 from the General

15 Revenue Fund to the Presidential Library and Museum Operating

16 Fund.

17 (s) In addition to any other transfers that may be provided

18 for by law, on or after July 1, 2003, the State Comptroller

19 shall direct and the State Treasurer shall transfer the sum of

20 $4,800,000 from the Statewide Economic Development Fund to the

21 General Revenue Fund.

22 (t) In addition to any other transfers that may be provided

23 for by law, on or after July 1, 2003, the State Comptroller

24 shall direct and the State Treasurer shall transfer the sum of

25 $50,000,000 from the General Revenue Fund to the Budget

26 Stabilization Fund.

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1 (u) On or after July 1, 2004 and until May 1, 2005, in

2 addition to any other transfers that may be provided for by

3 law, at the direction of and upon notification from the

4 Governor, the State Comptroller shall direct and the State

5 Treasurer shall transfer amounts not exceeding a total of

6 $80,000,000 from the General Revenue Fund to the Tobacco

7 Settlement Recovery Fund. Any amounts so transferred shall be

8 retransferred by the State Comptroller and the State Treasurer

9 from the Tobacco Settlement Recovery Fund to the General

10 Revenue Fund at the direction of and upon notification from the

11 Governor, but in any event on or before June 30, 2005.

12 (v) In addition to any other transfers that may be provided

13 for by law, on July 1, 2004, or as soon thereafter as may be

14 practical, the State Comptroller shall direct and the State

15 Treasurer shall transfer the sum of $1,200,000 from the General

16 Revenue Fund to the Violence Prevention Fund.

17 (w) In addition to any other transfers that may be provided

18 for by law, on July 1, 2004, or as soon thereafter as may be

19 practical, the State Comptroller shall direct and the State

20 Treasurer shall transfer the sum of $6,445,000 from the General

21 Revenue Fund to the Presidential Library and Museum Operating

22 Fund.

23 (x) In addition to any other transfers that may be provided

24 for by law, on January 15, 2005, or as soon thereafter as may

25 be practical, the State Comptroller shall direct and the State

26 Treasurer shall transfer to the General Revenue Fund the

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1 following sums:

2 From the State Crime Laboratory Fund, $200,000;

3 From the State Police Wireless Service Emergency Fund,

4 $200,000;

5 From the State Offender DNA Identification System

6 Fund, $800,000; and

7 From the State Police Whistleblower Reward and

8 Protection Fund, $500,000.

9 (y) Notwithstanding any other provision of law to the

10 contrary, in addition to any other transfers that may be

11 provided for by law on June 30, 2005, or as soon as may be

12 practical thereafter, the State Comptroller shall direct and

13 the State Treasurer shall transfer the remaining balance from

14 the designated funds into the General Revenue Fund and any

15 future deposits that would otherwise be made into these funds

16 must instead be made into the General Revenue Fund:

17 (1) the Keep Illinois Beautiful Fund;

18 (2) the Metropolitan Fair and Exposition Authority

19 Reconstruction Fund;

20 (3) the New Technology Recovery Fund;

21 (4) the Illinois Rural Bond Bank Trust Fund;

22 (5) the ISBE School Bus Driver Permit Fund;

23 (6) the Solid Waste Management Revolving Loan Fund;

24 (7) the State Postsecondary Review Program Fund;

25 (8) the Tourism Attraction Development Matching Grant

26 Fund;

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LRB100 04925 JWD 26826 a

1 (9) the Patent and Copyright Fund;

2 (10) the Credit Enhancement Development Fund;

3 (11) the Community Mental Health and Developmental

4 Disabilities Services Provider Participation Fee Trust

5 Fund;

6 (12) the Nursing Home Grant Assistance Fund;

7 (13) the By-product Material Safety Fund;

8 (14) the Illinois Student Assistance Commission Higher

9 EdNet Fund;

10 (15) the DORS State Project Fund;

11 (16) the School Technology Revolving Fund;

12 (17) the Energy Assistance Contribution Fund;

13 (18) the Illinois Building Commission Revolving Fund;

14 (19) the Illinois Aquaculture Development Fund;

15 (20) the Homelessness Prevention Fund;

16 (21) the DCFS Refugee Assistance Fund;

17 (22) the Illinois Century Network Special Purposes

18 Fund; and

19 (23) the Build Illinois Purposes Fund.

20 (z) In addition to any other transfers that may be provided

21 for by law, on July 1, 2005, or as soon as may be practical

22 thereafter, the State Comptroller shall direct and the State

23 Treasurer shall transfer the sum of $1,200,000 from the General

24 Revenue Fund to the Violence Prevention Fund.

25 (aa) In addition to any other transfers that may be

26 provided for by law, on July 1, 2005, or as soon as may be

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LRB100 04925 JWD 26826 a

1 practical thereafter, the State Comptroller shall direct and

2 the State Treasurer shall transfer the sum of $9,000,000 from

3 the General Revenue Fund to the Presidential Library and Museum

4 Operating Fund.

5 (bb) In addition to any other transfers that may be

6 provided for by law, on July 1, 2005, or as soon as may be

7 practical thereafter, the State Comptroller shall direct and

8 the State Treasurer shall transfer the sum of $6,803,600 from

9 the General Revenue Fund to the Securities Audit and

10 Enforcement Fund.

11 (cc) In addition to any other transfers that may be

12 provided for by law, on or after July 1, 2005 and until May 1,

13 2006, at the direction of and upon notification from the

14 Governor, the State Comptroller shall direct and the State

15 Treasurer shall transfer amounts not exceeding a total of

16 $80,000,000 from the General Revenue Fund to the Tobacco

17 Settlement Recovery Fund. Any amounts so transferred shall be

18 re-transferred by the State Comptroller and the State Treasurer

19 from the Tobacco Settlement Recovery Fund to the General

20 Revenue Fund at the direction of and upon notification from the

21 Governor, but in any event on or before June 30, 2006.

22 (dd) In addition to any other transfers that may be

23 provided for by law, on April 1, 2005, or as soon thereafter as

24 may be practical, at the direction of the Director of Public

25 Aid (now Director of Healthcare and Family Services), the State

26 Comptroller shall direct and the State Treasurer shall transfer

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1 from the Public Aid Recoveries Trust Fund amounts not to exceed

2 $14,000,000 to the Community Mental Health Medicaid Trust Fund.

3 (ee) Notwithstanding any other provision of law, on July 1,

4 2006, or as soon thereafter as practical, the State Comptroller

5 shall direct and the State Treasurer shall transfer the

6 remaining balance from the Illinois Civic Center Bond Fund to

7 the Illinois Civic Center Bond Retirement and Interest Fund.

8 (ff) In addition to any other transfers that may be

9 provided for by law, on and after July 1, 2006 and until June

10 30, 2007, at the direction of and upon notification from the

11 Director of the Governor's Office of Management and Budget, the

12 State Comptroller shall direct and the State Treasurer shall

13 transfer amounts not exceeding a total of $1,900,000 from the

14 General Revenue Fund to the Illinois Capital Revolving Loan

15 Fund.

16 (gg) In addition to any other transfers that may be

17 provided for by law, on and after July 1, 2006 and until May 1,

18 2007, at the direction of and upon notification from the

19 Governor, the State Comptroller shall direct and the State

20 Treasurer shall transfer amounts not exceeding a total of

21 $80,000,000 from the General Revenue Fund to the Tobacco

22 Settlement Recovery Fund. Any amounts so transferred shall be

23 retransferred by the State Comptroller and the State Treasurer

24 from the Tobacco Settlement Recovery Fund to the General

25 Revenue Fund at the direction of and upon notification from the

26 Governor, but in any event on or before June 30, 2007.

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1 (hh) In addition to any other transfers that may be

2 provided for by law, on and after July 1, 2006 and until June

3 30, 2007, at the direction of and upon notification from the

4 Governor, the State Comptroller shall direct and the State

5 Treasurer shall transfer amounts from the Illinois Affordable

6 Housing Trust Fund to the designated funds not exceeding the

7 following amounts:

8 DCFS Children's Services Fund.................$2,200,000

9 Department of Corrections Reimbursement

10 and Education Fund........................$1,500,000

11 Supplemental Low-Income Energy

12 Assistance Fund..............................$75,000

13 (ii) In addition to any other transfers that may be

14 provided for by law, on or before August 31, 2006, the Governor

15 and the State Comptroller may agree to transfer the surplus

16 cash balance from the General Revenue Fund to the Budget

17 Stabilization Fund and the Pension Stabilization Fund in equal

18 proportions. The determination of the amount of the surplus

19 cash balance shall be made by the Governor, with the

20 concurrence of the State Comptroller, after taking into account

21 the June 30, 2006 balances in the general funds and the actual

22 or estimated spending from the general funds during the lapse

23 period. Notwithstanding the foregoing, the maximum amount that

24 may be transferred under this subsection (ii) is $50,000,000.

25 (jj) In addition to any other transfers that may be

26 provided for by law, on July 1, 2006, or as soon thereafter as

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1 practical, the State Comptroller shall direct and the State

2 Treasurer shall transfer the sum of $8,250,000 from the General

3 Revenue Fund to the Presidential Library and Museum Operating

4 Fund.

5 (kk) In addition to any other transfers that may be

6 provided for by law, on July 1, 2006, or as soon thereafter as

7 practical, the State Comptroller shall direct and the State

8 Treasurer shall transfer the sum of $1,400,000 from the General

9 Revenue Fund to the Violence Prevention Fund.

10 (ll) In addition to any other transfers that may be

11 provided for by law, on the first day of each calendar quarter

12 of the fiscal year beginning July 1, 2006, or as soon

13 thereafter as practical, the State Comptroller shall direct and

14 the State Treasurer shall transfer from the General Revenue

15 Fund amounts equal to one-fourth of $20,000,000 to the

16 Renewable Energy Resources Trust Fund.

17 (mm) In addition to any other transfers that may be

18 provided for by law, on July 1, 2006, or as soon thereafter as

19 practical, the State Comptroller shall direct and the State

20 Treasurer shall transfer the sum of $1,320,000 from the General

21 Revenue Fund to the I-FLY Fund.

22 (nn) In addition to any other transfers that may be

23 provided for by law, on July 1, 2006, or as soon thereafter as

24 practical, the State Comptroller shall direct and the State

25 Treasurer shall transfer the sum of $3,000,000 from the General

26 Revenue Fund to the African-American HIV/AIDS Response Fund.

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LRB100 04925 JWD 26826 a

1 (oo) In addition to any other transfers that may be

2 provided for by law, on and after July 1, 2006 and until June

3 30, 2007, at the direction of and upon notification from the

4 Governor, the State Comptroller shall direct and the State

5 Treasurer shall transfer amounts identified as net receipts

6 from the sale of all or part of the Illinois Student Assistance

7 Commission loan portfolio from the Student Loan Operating Fund

8 to the General Revenue Fund. The maximum amount that may be

9 transferred pursuant to this Section is $38,800,000. In

10 addition, no transfer may be made pursuant to this Section that

11 would have the effect of reducing the available balance in the

12 Student Loan Operating Fund to an amount less than the amount

13 remaining unexpended and unreserved from the total

14 appropriations from the Fund estimated to be expended for the

15 fiscal year. The State Treasurer and Comptroller shall transfer

16 the amounts designated under this Section as soon as may be

17 practical after receiving the direction to transfer from the

18 Governor.

19 (pp) In addition to any other transfers that may be

20 provided for by law, on July 1, 2006, or as soon thereafter as

21 practical, the State Comptroller shall direct and the State

22 Treasurer shall transfer the sum of $2,000,000 from the General

23 Revenue Fund to the Illinois Veterans Assistance Fund.

24 (qq) In addition to any other transfers that may be

25 provided for by law, on and after July 1, 2007 and until May 1,

26 2008, at the direction of and upon notification from the

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LRB100 04925 JWD 26826 a

1 Governor, the State Comptroller shall direct and the State

2 Treasurer shall transfer amounts not exceeding a total of

3 $80,000,000 from the General Revenue Fund to the Tobacco

4 Settlement Recovery Fund. Any amounts so transferred shall be

5 retransferred by the State Comptroller and the State Treasurer

6 from the Tobacco Settlement Recovery Fund to the General

7 Revenue Fund at the direction of and upon notification from the

8 Governor, but in any event on or before June 30, 2008.

9 (rr) In addition to any other transfers that may be

10 provided for by law, on and after July 1, 2007 and until June

11 30, 2008, at the direction of and upon notification from the

12 Governor, the State Comptroller shall direct and the State

13 Treasurer shall transfer amounts from the Illinois Affordable

14 Housing Trust Fund to the designated funds not exceeding the

15 following amounts:

16 DCFS Children's Services Fund.................$2,200,000

17 Department of Corrections Reimbursement

18 and Education Fund........................$1,500,000

19 Supplemental Low-Income Energy

20 Assistance Fund..............................$75,000

21 (ss) In addition to any other transfers that may be

22 provided for by law, on July 1, 2007, or as soon thereafter as

23 practical, the State Comptroller shall direct and the State

24 Treasurer shall transfer the sum of $8,250,000 from the General

25 Revenue Fund to the Presidential Library and Museum Operating

26 Fund.

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1 (tt) In addition to any other transfers that may be

2 provided for by law, on July 1, 2007, or as soon thereafter as

3 practical, the State Comptroller shall direct and the State

4 Treasurer shall transfer the sum of $1,400,000 from the General

5 Revenue Fund to the Violence Prevention Fund.

6 (uu) In addition to any other transfers that may be

7 provided for by law, on July 1, 2007, or as soon thereafter as

8 practical, the State Comptroller shall direct and the State

9 Treasurer shall transfer the sum of $1,320,000 from the General

10 Revenue Fund to the I-FLY Fund.

11 (vv) In addition to any other transfers that may be

12 provided for by law, on July 1, 2007, or as soon thereafter as

13 practical, the State Comptroller shall direct and the State

14 Treasurer shall transfer the sum of $3,000,000 from the General

15 Revenue Fund to the African-American HIV/AIDS Response Fund.

16 (ww) In addition to any other transfers that may be

17 provided for by law, on July 1, 2007, or as soon thereafter as

18 practical, the State Comptroller shall direct and the State

19 Treasurer shall transfer the sum of $3,500,000 from the General

20 Revenue Fund to the Predatory Lending Database Program Fund.

21 (xx) In addition to any other transfers that may be

22 provided for by law, on July 1, 2007, or as soon thereafter as

23 practical, the State Comptroller shall direct and the State

24 Treasurer shall transfer the sum of $5,000,000 from the General

25 Revenue Fund to the Digital Divide Elimination Fund.

26 (yy) In addition to any other transfers that may be

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LRB100 04925 JWD 26826 a

1 provided for by law, on July 1, 2007, or as soon thereafter as

2 practical, the State Comptroller shall direct and the State

3 Treasurer shall transfer the sum of $4,000,000 from the General

4 Revenue Fund to the Digital Divide Elimination Infrastructure

5 Fund.

6 (zz) In addition to any other transfers that may be

7 provided for by law, on July 1, 2008, or as soon thereafter as

8 practical, the State Comptroller shall direct and the State

9 Treasurer shall transfer the sum of $5,000,000 from the General

10 Revenue Fund to the Digital Divide Elimination Fund.

11 (aaa) In addition to any other transfers that may be

12 provided for by law, on and after July 1, 2008 and until May 1,

13 2009, at the direction of and upon notification from the

14 Governor, the State Comptroller shall direct and the State

15 Treasurer shall transfer amounts not exceeding a total of

16 $80,000,000 from the General Revenue Fund to the Tobacco

17 Settlement Recovery Fund. Any amounts so transferred shall be

18 retransferred by the State Comptroller and the State Treasurer

19 from the Tobacco Settlement Recovery Fund to the General

20 Revenue Fund at the direction of and upon notification from the

21 Governor, but in any event on or before June 30, 2009.

22 (bbb) In addition to any other transfers that may be

23 provided for by law, on and after July 1, 2008 and until June

24 30, 2009, at the direction of and upon notification from the

25 Governor, the State Comptroller shall direct and the State

26 Treasurer shall transfer amounts from the Illinois Affordable

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LRB100 04925 JWD 26826 a

1 Housing Trust Fund to the designated funds not exceeding the

2 following amounts:

3 DCFS Children's Services Fund.............$2,200,000

4 Department of Corrections Reimbursement

5 and Education Fund........................$1,500,000

6 Supplemental Low-Income Energy

7 Assistance Fund..............................$75,000

8 (ccc) In addition to any other transfers that may be

9 provided for by law, on July 1, 2008, or as soon thereafter as

10 practical, the State Comptroller shall direct and the State

11 Treasurer shall transfer the sum of $7,450,000 from the General

12 Revenue Fund to the Presidential Library and Museum Operating

13 Fund.

14 (ddd) In addition to any other transfers that may be

15 provided for by law, on July 1, 2008, or as soon thereafter as

16 practical, the State Comptroller shall direct and the State

17 Treasurer shall transfer the sum of $1,400,000 from the General

18 Revenue Fund to the Violence Prevention Fund.

19 (eee) In addition to any other transfers that may be

20 provided for by law, on July 1, 2009, or as soon thereafter as

21 practical, the State Comptroller shall direct and the State

22 Treasurer shall transfer the sum of $5,000,000 from the General

23 Revenue Fund to the Digital Divide Elimination Fund.

24 (fff) In addition to any other transfers that may be

25 provided for by law, on and after July 1, 2009 and until May 1,

26 2010, at the direction of and upon notification from the

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1 Governor, the State Comptroller shall direct and the State

2 Treasurer shall transfer amounts not exceeding a total of

3 $80,000,000 from the General Revenue Fund to the Tobacco

4 Settlement Recovery Fund. Any amounts so transferred shall be

5 retransferred by the State Comptroller and the State Treasurer

6 from the Tobacco Settlement Recovery Fund to the General

7 Revenue Fund at the direction of and upon notification from the

8 Governor, but in any event on or before June 30, 2010.

9 (ggg) In addition to any other transfers that may be

10 provided for by law, on July 1, 2009, or as soon thereafter as

11 practical, the State Comptroller shall direct and the State

12 Treasurer shall transfer the sum of $7,450,000 from the General

13 Revenue Fund to the Presidential Library and Museum Operating

14 Fund.

15 (hhh) In addition to any other transfers that may be

16 provided for by law, on July 1, 2009, or as soon thereafter as

17 practical, the State Comptroller shall direct and the State

18 Treasurer shall transfer the sum of $1,400,000 from the General

19 Revenue Fund to the Violence Prevention Fund.

20 (iii) In addition to any other transfers that may be

21 provided for by law, on July 1, 2009, or as soon thereafter as

22 practical, the State Comptroller shall direct and the State

23 Treasurer shall transfer the sum of $100,000 from the General

24 Revenue Fund to the Heartsaver AED Fund.

25 (jjj) In addition to any other transfers that may be

26 provided for by law, on and after July 1, 2009 and until June

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1 30, 2010, at the direction of and upon notification from the

2 Governor, the State Comptroller shall direct and the State

3 Treasurer shall transfer amounts not exceeding a total of

4 $17,000,000 from the General Revenue Fund to the DCFS

5 Children's Services Fund.

6 (lll) In addition to any other transfers that may be

7 provided for by law, on July 1, 2009, or as soon thereafter as

8 practical, the State Comptroller shall direct and the State

9 Treasurer shall transfer the sum of $5,000,000 from the General

10 Revenue Fund to the Communications Revolving Fund.

11 (mmm) In addition to any other transfers that may be

12 provided for by law, on July 1, 2009, or as soon thereafter as

13 practical, the State Comptroller shall direct and the State

14 Treasurer shall transfer the sum of $9,700,000 from the General

15 Revenue Fund to the Senior Citizens Real Estate Deferred Tax

16 Revolving Fund.

17 (nnn) In addition to any other transfers that may be

18 provided for by law, on July 1, 2009, or as soon thereafter as

19 practical, the State Comptroller shall direct and the State

20 Treasurer shall transfer the sum of $565,000 from the FY09

21 Budget Relief Fund to the Horse Racing Fund.

22 (ooo) In addition to any other transfers that may be

23 provided by law, on July 1, 2009, or as soon thereafter as

24 practical, the State Comptroller shall direct and the State

25 Treasurer shall transfer the sum of $600,000 from the General

26 Revenue Fund to the Temporary Relocation Expenses Revolving

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1 Fund.

2 (ppp) In addition to any other transfers that may be

3 provided for by law, on July 1, 2010, or as soon thereafter as

4 practical, the State Comptroller shall direct and the State

5 Treasurer shall transfer the sum of $5,000,000 from the General

6 Revenue Fund to the Digital Divide Elimination Fund.

7 (qqq) In addition to any other transfers that may be

8 provided for by law, on and after July 1, 2010 and until May 1,

9 2011, at the direction of and upon notification from the

10 Governor, the State Comptroller shall direct and the State

11 Treasurer shall transfer amounts not exceeding a total of

12 $80,000,000 from the General Revenue Fund to the Tobacco

13 Settlement Recovery Fund. Any amounts so transferred shall be

14 retransferred by the State Comptroller and the State Treasurer

15 from the Tobacco Settlement Recovery Fund to the General

16 Revenue Fund at the direction of and upon notification from the

17 Governor, but in any event on or before June 30, 2011.

18 (rrr) In addition to any other transfers that may be

19 provided for by law, on July 1, 2010, or as soon thereafter as

20 practical, the State Comptroller shall direct and the State

21 Treasurer shall transfer the sum of $6,675,000 from the General

22 Revenue Fund to the Presidential Library and Museum Operating

23 Fund.

24 (sss) In addition to any other transfers that may be

25 provided for by law, on July 1, 2010, or as soon thereafter as

26 practical, the State Comptroller shall direct and the State

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1 Treasurer shall transfer the sum of $1,400,000 from the General

2 Revenue Fund to the Violence Prevention Fund.

3 (ttt) In addition to any other transfers that may be

4 provided for by law, on July 1, 2010, or as soon thereafter as

5 practical, the State Comptroller shall direct and the State

6 Treasurer shall transfer the sum of $100,000 from the General

7 Revenue Fund to the Heartsaver AED Fund.

8 (uuu) In addition to any other transfers that may be

9 provided for by law, on July 1, 2010, or as soon thereafter as

10 practical, the State Comptroller shall direct and the State

11 Treasurer shall transfer the sum of $5,000,000 from the General

12 Revenue Fund to the Communications Revolving Fund.

13 (vvv) In addition to any other transfers that may be

14 provided for by law, on July 1, 2010, or as soon thereafter as

15 practical, the State Comptroller shall direct and the State

16 Treasurer shall transfer the sum of $3,000,000 from the General

17 Revenue Fund to the Illinois Capital Revolving Loan Fund.

18 (www) In addition to any other transfers that may be

19 provided for by law, on July 1, 2010, or as soon thereafter as

20 practical, the State Comptroller shall direct and the State

21 Treasurer shall transfer the sum of $17,000,000 from the

22 General Revenue Fund to the DCFS Children's Services Fund.

23 (xxx) In addition to any other transfers that may be

24 provided for by law, on July 1, 2010, or as soon thereafter as

25 practical, the State Comptroller shall direct and the State

26 Treasurer shall transfer the sum of $2,000,000 from the Digital

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1 Divide Elimination Infrastructure Fund, of which $1,000,000

2 shall go to the Workforce, Technology, and Economic Development

3 Fund and $1,000,000 to the Public Utility Fund.

4 (yyy) In addition to any other transfers that may be

5 provided for by law, on and after July 1, 2011 and until May 1,

6 2012, at the direction of and upon notification from the

7 Governor, the State Comptroller shall direct and the State

8 Treasurer shall transfer amounts not exceeding a total of

9 $80,000,000 from the General Revenue Fund to the Tobacco

10 Settlement Recovery Fund. Any amounts so transferred shall be

11 retransferred by the State Comptroller and the State Treasurer

12 from the Tobacco Settlement Recovery Fund to the General

13 Revenue Fund at the direction of and upon notification from the

14 Governor, but in any event on or before June 30, 2012.

15 (zzz) In addition to any other transfers that may be

16 provided for by law, on July 1, 2011, or as soon thereafter as

17 practical, the State Comptroller shall direct and the State

18 Treasurer shall transfer the sum of $1,000,000 from the General

19 Revenue Fund to the Illinois Veterans Assistance Fund.

20 (aaaa) In addition to any other transfers that may be

21 provided for by law, on July 1, 2011, or as soon thereafter as

22 practical, the State Comptroller shall direct and the State

23 Treasurer shall transfer the sum of $8,000,000 from the General

24 Revenue Fund to the Presidential Library and Museum Operating

25 Fund.

26 (bbbb) In addition to any other transfers that may be

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1 provided for by law, on July 1, 2011, or as soon thereafter as

2 practical, the State Comptroller shall direct and the State

3 Treasurer shall transfer the sum of $1,400,000 from the General

4 Revenue Fund to the Violence Prevention Fund.

5 (cccc) In addition to any other transfers that may be

6 provided for by law, on July 1, 2011, or as soon thereafter as

7 practical, the State Comptroller shall direct and the State

8 Treasurer shall transfer the sum of $14,100,000 from the

9 General Revenue Fund to the State Garage Revolving Fund.

10 (dddd) In addition to any other transfers that may be

11 provided for by law, on July 1, 2011, or as soon thereafter as

12 practical, the State Comptroller shall direct and the State

13 Treasurer shall transfer the sum of $4,000,000 from the General

14 Revenue Fund to the Digital Divide Elimination Fund.

15 (eeee) In addition to any other transfers that may be

16 provided for by law, on July 1, 2011, or as soon thereafter as

17 practical, the State Comptroller shall direct and the State

18 Treasurer shall transfer the sum of $500,000 from the General

19 Revenue Fund to the Senior Citizens Real Estate Deferred Tax

20 Revolving Fund.

21 (Source: P.A. 99-933, eff. 1-27-17.)

22 (30 ILCS 105/8g-1)

23 Sec. 8g-1. Fund transfers.

24 (a) In addition to any other transfers that may be provided

25 for by law, on and after July 1, 2012 and until May 1, 2013, at

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1 the direction of and upon notification from the Governor, the

2 State Comptroller shall direct and the State Treasurer shall

3 transfer amounts not exceeding a total of $80,000,000 from the

4 General Revenue Fund to the Tobacco Settlement Recovery Fund.

5 Any amounts so transferred shall be retransferred by the State

6 Comptroller and the State Treasurer from the Tobacco Settlement

7 Recovery Fund to the General Revenue Fund at the direction of

8 and upon notification from the Governor, but in any event on or

9 before June 30, 2013.

10 (b) In addition to any other transfers that may be provided

11 for by law, on and after July 1, 2013 and until May 1, 2014, at

12 the direction of and upon notification from the Governor, the

13 State Comptroller shall direct and the State Treasurer shall

14 transfer amounts not exceeding a total of $80,000,000 from the

15 General Revenue Fund to the Tobacco Settlement Recovery Fund.

16 Any amounts so transferred shall be retransferred by the State

17 Comptroller and the State Treasurer from the Tobacco Settlement

18 Recovery Fund to the General Revenue Fund at the direction of

19 and upon notification from the Governor, but in any event on or

20 before June 30, 2014.

21 (c) In addition to any other transfers that may be provided

22 for by law, on July 1, 2013, or as soon thereafter as

23 practical, the State Comptroller shall direct and the State

24 Treasurer shall transfer the sum of $1,400,000 from the General

25 Revenue Fund to the ICJIA Violence Prevention Fund.

26 (d) In addition to any other transfers that may be provided

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1 for by law, on July 1, 2013, or as soon thereafter as

2 practical, the State Comptroller shall direct and the State

3 Treasurer shall transfer the sum of $1,500,000 from the General

4 Revenue Fund to the Illinois Veterans Assistance Fund.

5 (e) In addition to any other transfers that may be provided

6 for by law, on July 1, 2013, or as soon thereafter as

7 practical, the State Comptroller shall direct and the State

8 Treasurer shall transfer the sum of $500,000 from the General

9 Revenue Fund to the Senior Citizens Real Estate Deferred Tax

10 Revolving Fund.

11 (f) In addition to any other transfers that may be provided

12 for by law, on July 1, 2013, or as soon thereafter as

13 practical, the State Comptroller shall direct and the State

14 Treasurer shall transfer the sum of $4,000,000 from the General

15 Revenue Fund to the Digital Divide Elimination Fund.

16 (g) In addition to any other transfers that may be provided

17 for by law, on July 1, 2013, or as soon thereafter as

18 practical, the State Comptroller shall direct and the State

19 Treasurer shall transfer the sum of $5,000,000 from the General

20 Revenue Fund to the Communications Revolving Fund.

21 (h) In addition to any other transfers that may be provided

22 for by law, on July 1, 2013, or as soon thereafter as

23 practical, the State Comptroller shall direct and the State

24 Treasurer shall transfer the sum of $9,800,000 from the General

25 Revenue Fund to the Presidential Library and Museum Operating

26 Fund.

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1 (i) In addition to any other transfers that may be provided

2 for by law, on and after July 1, 2014 and until May 1, 2015, at

3 the direction of and upon notification from the Governor, the

4 State Comptroller shall direct and the State Treasurer shall

5 transfer amounts not exceeding a total of $80,000,000 from the

6 General Revenue Fund to the Tobacco Settlement Recovery Fund.

7 Any amounts so transferred shall be retransferred by the State

8 Comptroller and the State Treasurer from the Tobacco Settlement

9 Recovery Fund to the General Revenue Fund at the direction of

10 and upon notification from the Governor, but in any event on or

11 before June 30, 2015.

12 (j) In addition to any other transfers that may be provided

13 for by law, on July 1, 2014, or as soon thereafter as

14 practical, the State Comptroller shall direct and the State

15 Treasurer shall transfer the sum of $10,000,000 from the

16 General Revenue Fund to the Presidential Library and Museum

17 Operating Fund.

18 (k) In addition to any other transfers that may be provided

19 for by law, on July 1, 2017, or as soon thereafter as

20 practical, the State Comptroller shall direct and the State

21 Treasurer shall transfer the sum of $500,000 from the General

22 Revenue Fund to the Grant Accountability and Transparency Fund.

23 (Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13;

24 98-674, eff. 6-30-14.)

25 Section 5-20. The State Revenue Sharing Act is amended by

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1 changing Section 12 as follows:

2 (30 ILCS 115/12) (from Ch. 85, par. 616)

3 Sec. 12. Personal Property Tax Replacement Fund. There is

4 hereby created the Personal Property Tax Replacement Fund, a

5 special fund in the State Treasury into which shall be paid all

6 revenue realized:

7 (a) all amounts realized from the additional personal

8 property tax replacement income tax imposed by subsections (c)

9 and (d) of Section 201 of the Illinois Income Tax Act, except

10 for those amounts deposited into the Income Tax Refund Fund

11 pursuant to subsection (c) of Section 901 of the Illinois

12 Income Tax Act; and

13 (b) all amounts realized from the additional personal

14 property replacement invested capital taxes imposed by Section

15 2a.1 of the Messages Tax Act, Section 2a.1 of the Gas Revenue

16 Tax Act, Section 2a.1 of the Public Utilities Revenue Act, and

17 Section 3 of the Water Company Invested Capital Tax Act, and

18 amounts payable to the Department of Revenue under the

19 Telecommunications Infrastructure Maintenance Fee Act.

20 As soon as may be after the end of each month, the

21 Department of Revenue shall certify to the Treasurer and the

22 Comptroller the amount of all refunds paid out of the General

23 Revenue Fund through the preceding month on account of

24 overpayment of liability on taxes paid into the Personal

25 Property Tax Replacement Fund. Upon receipt of such

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1 certification, the Treasurer and the Comptroller shall

2 transfer the amount so certified from the Personal Property Tax

3 Replacement Fund into the General Revenue Fund.

4 The payments of revenue into the Personal Property Tax

5 Replacement Fund shall be used exclusively for distribution to

6 taxing districts, regional offices and officials, and local

7 officials as provided in this Section and in the School Code,

8 payment of the ordinary and contingent expenses of the Property

9 Tax Appeal Board, payment of the expenses of the Department of

10 Revenue incurred in administering the collection and

11 distribution of monies paid into the Personal Property Tax

12 Replacement Fund and transfers due to refunds to taxpayers for

13 overpayment of liability for taxes paid into the Personal

14 Property Tax Replacement Fund.

15 In addition, moneys in the Personal Property Tax

16 Replacement Fund may be used to pay any of the following: (i)

17 salary, stipends, and additional compensation as provided by

18 law for chief election clerks, county clerks, and county

19 recorders; (ii) costs associated with regional offices of

20 education and educational service centers; (iii)

21 reimbursements payable by the State Board of Elections under

22 Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the

23 Election Code; (iv) expenses of the Illinois Educational Labor

24 Relations Board; and (v) salary, personal services, and

25 additional compensation as provided by law for court reporters

26 under the Court Reporters Act.

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1 As soon as may be after the effective date of this

2 amendatory Act of 1980, the Department of Revenue shall certify

3 to the Treasurer the amount of net replacement revenue paid

4 into the General Revenue Fund prior to that effective date from

5 the additional tax imposed by Section 2a.1 of the Messages Tax

6 Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of

7 the Public Utilities Revenue Act; Section 3 of the Water

8 Company Invested Capital Tax Act; amounts collected by the

9 Department of Revenue under the Telecommunications

10 Infrastructure Maintenance Fee Act; and the additional

11 personal property tax replacement income tax imposed by the

12 Illinois Income Tax Act, as amended by Public Act 81-1st

13 Special Session-1. Net replacement revenue shall be defined as

14 the total amount paid into and remaining in the General Revenue

15 Fund as a result of those Acts minus the amount outstanding and

16 obligated from the General Revenue Fund in state vouchers or

17 warrants prior to the effective date of this amendatory Act of

18 1980 as refunds to taxpayers for overpayment of liability under

19 those Acts.

20 All interest earned by monies accumulated in the Personal

21 Property Tax Replacement Fund shall be deposited in such Fund.

22 All amounts allocated pursuant to this Section are appropriated

23 on a continuing basis.

24 Prior to December 31, 1980, as soon as may be after the end

25 of each quarter beginning with the quarter ending December 31,

26 1979, and on and after December 31, 1980, as soon as may be

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1 after January 1, March 1, April 1, May 1, July 1, August 1,

2 October 1 and December 1 of each year, the Department of

3 Revenue shall allocate to each taxing district as defined in

4 Section 1-150 of the Property Tax Code, in accordance with the

5 provisions of paragraph (2) of this Section the portion of the

6 funds held in the Personal Property Tax Replacement Fund which

7 is required to be distributed, as provided in paragraph (1),

8 for each quarter. Provided, however, under no circumstances

9 shall any taxing district during each of the first two years of

10 distribution of the taxes imposed by this amendatory Act of

11 1979 be entitled to an annual allocation which is less than the

12 funds such taxing district collected from the 1978 personal

13 property tax. Provided further that under no circumstances

14 shall any taxing district during the third year of distribution

15 of the taxes imposed by this amendatory Act of 1979 receive

16 less than 60% of the funds such taxing district collected from

17 the 1978 personal property tax. In the event that the total of

18 the allocations made as above provided for all taxing

19 districts, during either of such 3 years, exceeds the amount

20 available for distribution the allocation of each taxing

21 district shall be proportionately reduced. Except as provided

22 in Section 13 of this Act, the Department shall then certify,

23 pursuant to appropriation, such allocations to the State

24 Comptroller who shall pay over to the several taxing districts

25 the respective amounts allocated to them.

26 Any township which receives an allocation based in whole or

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1 in part upon personal property taxes which it levied pursuant

2 to Section 6-507 or 6-512 of the Illinois Highway Code and

3 which was previously required to be paid over to a municipality

4 shall immediately pay over to that municipality a proportionate

5 share of the personal property replacement funds which such

6 township receives.

7 Any municipality or township, other than a municipality

8 with a population in excess of 500,000, which receives an

9 allocation based in whole or in part on personal property taxes

10 which it levied pursuant to Sections 3-1, 3-4 and 3-6 of the

11 Illinois Local Library Act and which was previously required to

12 be paid over to a public library shall immediately pay over to

13 that library a proportionate share of the personal property tax

14 replacement funds which such municipality or township

15 receives; provided that if such a public library has converted

16 to a library organized under The Illinois Public Library

17 District Act, regardless of whether such conversion has

18 occurred on, after or before January 1, 1988, such

19 proportionate share shall be immediately paid over to the

20 library district which maintains and operates the library.

21 However, any library that has converted prior to January 1,

22 1988, and which hitherto has not received the personal property

23 tax replacement funds, shall receive such funds commencing on

24 January 1, 1988.

25 Any township which receives an allocation based in whole or

26 in part on personal property taxes which it levied pursuant to

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1 Section 1c of the Public Graveyards Act and which taxes were

2 previously required to be paid over to or used for such public

3 cemetery or cemeteries shall immediately pay over to or use for

4 such public cemetery or cemeteries a proportionate share of the

5 personal property tax replacement funds which the township

6 receives.

7 Any taxing district which receives an allocation based in

8 whole or in part upon personal property taxes which it levied

9 for another governmental body or school district in Cook County

10 in 1976 or for another governmental body or school district in

11 the remainder of the State in 1977 shall immediately pay over

12 to that governmental body or school district the amount of

13 personal property replacement funds which such governmental

14 body or school district would receive directly under the

15 provisions of paragraph (2) of this Section, had it levied its

16 own taxes.

17 (1) The portion of the Personal Property Tax

18 Replacement Fund required to be distributed as of the time

19 allocation is required to be made shall be the amount

20 available in such Fund as of the time allocation is

21 required to be made.

22 The amount available for distribution shall be the

23 total amount in the fund at such time minus the necessary

24 administrative and other authorized expenses as limited by

25 the appropriation and the amount determined by: (a) $2.8

26 million for fiscal year 1981; (b) for fiscal year 1982,

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1 .54% of the funds distributed from the fund during the

2 preceding fiscal year; (c) for fiscal year 1983 through

3 fiscal year 1988, .54% of the funds distributed from the

4 fund during the preceding fiscal year less .02% of such

5 fund for fiscal year 1983 and less .02% of such funds for

6 each fiscal year thereafter; (d) for fiscal year 1989

7 through fiscal year 2011 no more than 105% of the actual

8 administrative expenses of the prior fiscal year; (e) for

9 fiscal year 2012 and beyond, a sufficient amount to pay (i)

10 stipends, additional compensation, salary reimbursements,

11 and other amounts directed to be paid out of this Fund for

12 local officials as authorized or required by statute and

13 (ii) ~~no more than 105% of the actual administrative~~

14 ~~expenses of the prior fiscal year, including payment of~~ the

15 ordinary and contingent expenses of the Property Tax Appeal

16 Board and ~~payment of~~ the expenses of the Department of

17 Revenue incurred in administering the collection and

18 distribution of moneys paid into the Fund; ~~or~~ (f) for

19 fiscal years 2012 and 2013 only, a sufficient amount to pay

20 stipends, additional compensation, salary reimbursements,

21 and other amounts directed to be paid out of this Fund for

22 regional offices and officials as authorized or required by

23 statute; or (g) for fiscal year 2018 only, a sufficient

24 amount to pay amounts directed to be paid out of this Fund

25 for public community college base operating grants and

26 local health protection grants to certified local health

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1 departments as authorized or required by appropriation or

2 statute. Such portion of the fund shall be determined after

3 the transfer into the General Revenue Fund due to refunds,

4 if any, paid from the General Revenue Fund during the

5 preceding quarter. If at any time, for any reason, there is

6 insufficient amount in the Personal Property Tax

7 Replacement Fund for payments for regional offices and

8 officials or local officials or payment of costs of

9 administration or for transfers due to refunds at the end

10 of any particular month, the amount of such insufficiency

11 shall be carried over for the purposes of payments for

12 regional offices and officials, local officials, transfers

13 into the General Revenue Fund, and costs of administration

14 to the following month or months. Net replacement revenue

15 held, and defined above, shall be transferred by the

16 Treasurer and Comptroller to the Personal Property Tax

17 Replacement Fund within 10 days of such certification.

18 (2) Each quarterly allocation shall first be

19 apportioned in the following manner: 51.65% for taxing

20 districts in Cook County and 48.35% for taxing districts in

21 the remainder of the State.

22 The Personal Property Replacement Ratio of each taxing

23 district outside Cook County shall be the ratio which the Tax

24 Base of that taxing district bears to the Downstate Tax Base.

25 The Tax Base of each taxing district outside of Cook County is

26 the personal property tax collections for that taxing district

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1 for the 1977 tax year. The Downstate Tax Base is the personal

2 property tax collections for all taxing districts in the State

3 outside of Cook County for the 1977 tax year. The Department of

4 Revenue shall have authority to review for accuracy and

5 completeness the personal property tax collections for each

6 taxing district outside Cook County for the 1977 tax year.

7 The Personal Property Replacement Ratio of each Cook County

8 taxing district shall be the ratio which the Tax Base of that

9 taxing district bears to the Cook County Tax Base. The Tax Base

10 of each Cook County taxing district is the personal property

11 tax collections for that taxing district for the 1976 tax year.

12 The Cook County Tax Base is the personal property tax

13 collections for all taxing districts in Cook County for the

14 1976 tax year. The Department of Revenue shall have authority

15 to review for accuracy and completeness the personal property

16 tax collections for each taxing district within Cook County for

17 the 1976 tax year.

18 For all purposes of this Section 12, amounts paid to a

19 taxing district for such tax years as may be applicable by a

20 foreign corporation under the provisions of Section 7-202 of

21 the Public Utilities Act, as amended, shall be deemed to be

22 personal property taxes collected by such taxing district for

23 such tax years as may be applicable. The Director shall

24 determine from the Illinois Commerce Commission, for any tax

25 year as may be applicable, the amounts so paid by any such

26 foreign corporation to any and all taxing districts. The

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1 Illinois Commerce Commission shall furnish such information to

2 the Director. For all purposes of this Section 12, the Director

3 shall deem such amounts to be collected personal property taxes

4 of each such taxing district for the applicable tax year or

5 years.

6 Taxing districts located both in Cook County and in one or

7 more other counties shall receive both a Cook County allocation

8 and a Downstate allocation determined in the same way as all

9 other taxing districts.

10 If any taxing district in existence on July 1, 1979 ceases

11 to exist, or discontinues its operations, its Tax Base shall

12 thereafter be deemed to be zero. If the powers, duties and

13 obligations of the discontinued taxing district are assumed by

14 another taxing district, the Tax Base of the discontinued

15 taxing district shall be added to the Tax Base of the taxing

16 district assuming such powers, duties and obligations.

17 If two or more taxing districts in existence on July 1,

18 1979, or a successor or successors thereto shall consolidate

19 into one taxing district, the Tax Base of such consolidated

20 taxing district shall be the sum of the Tax Bases of each of

21 the taxing districts which have consolidated.

22 If a single taxing district in existence on July 1, 1979,

23 or a successor or successors thereto shall be divided into two

24 or more separate taxing districts, the tax base of the taxing

25 district so divided shall be allocated to each of the resulting

26 taxing districts in proportion to the then current equalized

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1 assessed value of each resulting taxing district.

2 If a portion of the territory of a taxing district is

3 disconnected and annexed to another taxing district of the same

4 type, the Tax Base of the taxing district from which

5 disconnection was made shall be reduced in proportion to the

6 then current equalized assessed value of the disconnected

7 territory as compared with the then current equalized assessed

8 value within the entire territory of the taxing district prior

9 to disconnection, and the amount of such reduction shall be

10 added to the Tax Base of the taxing district to which

11 annexation is made.

12 If a community college district is created after July 1,

13 1979, beginning on the effective date of this amendatory Act of

14 1995, its Tax Base shall be 3.5% of the sum of the personal

15 property tax collected for the 1977 tax year within the

16 territorial jurisdiction of the district.

17 The amounts allocated and paid to taxing districts pursuant

18 to the provisions of this amendatory Act of 1979 shall be

19 deemed to be substitute revenues for the revenues derived from

20 taxes imposed on personal property pursuant to the provisions

21 of the "Revenue Act of 1939" or "An Act for the assessment and

22 taxation of private car line companies", approved July 22,

23 1943, as amended, or Section 414 of the Illinois Insurance

24 Code, prior to the abolition of such taxes and shall be used

25 for the same purposes as the revenues derived from ad valorem

26 taxes on real estate.

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1 Monies received by any taxing districts from the Personal

2 Property Tax Replacement Fund shall be first applied toward

3 payment of the proportionate amount of debt service which was

4 previously levied and collected from extensions against

5 personal property on bonds outstanding as of December 31, 1978

6 and next applied toward payment of the proportionate share of

7 the pension or retirement obligations of the taxing district

8 which were previously levied and collected from extensions

9 against personal property. For each such outstanding bond

10 issue, the County Clerk shall determine the percentage of the

11 debt service which was collected from extensions against real

12 estate in the taxing district for 1978 taxes payable in 1979,

13 as related to the total amount of such levies and collections

14 from extensions against both real and personal property. For

15 1979 and subsequent years' taxes, the County Clerk shall levy

16 and extend taxes against the real estate of each taxing

17 district which will yield the said percentage or percentages of

18 the debt service on such outstanding bonds. The balance of the

19 amount necessary to fully pay such debt service shall

20 constitute a first and prior lien upon the monies received by

21 each such taxing district through the Personal Property Tax

22 Replacement Fund and shall be first applied or set aside for

23 such purpose. In counties having fewer than 3,000,000

24 inhabitants, the amendments to this paragraph as made by this

25 amendatory Act of 1980 shall be first applicable to 1980 taxes

26 to be collected in 1981.

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1 (Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11;

2 97-732, eff. 6-30-12; 98-24, eff. 6-19-13; 98-674, eff.

3 6-30-14.)

4 Section 5-25. The General Obligation Bond Act is amended by

5 changing Section 15 as follows:

6 (30 ILCS 330/15) (from Ch. 127, par. 665)

7 Sec. 15. Computation of Principal and Interest; transfers.

8 (a) Upon each delivery of Bonds authorized to be issued

9 under this Act, the Comptroller shall compute and certify to

10 the Treasurer the total amount of principal of, interest on,

11 and premium, if any, on Bonds issued that will be payable in

12 order to retire such Bonds, the amount of principal of,

13 interest on and premium, if any, on such Bonds that will be

14 payable on each payment date according to the tenor of such

15 Bonds during the then current and each succeeding fiscal year,

16 and the amount of sinking fund payments needed to be deposited

17 in connection with Qualified School Construction Bonds

18 authorized by subsection (e) of Section 9. With respect to the

19 interest payable on variable rate bonds, such certifications

20 shall be calculated at the maximum rate of interest that may be

21 payable during the fiscal year, after taking into account any

22 credits permitted in the related indenture or other instrument

23 against the amount of such interest required to be appropriated

24 for such period pursuant to subsection (c) of Section 14 of

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1 this Act. With respect to the interest payable, such

2 certifications shall include the amounts certified by the

3 Director of the Governor's Office of Management and Budget

4 under subsection (b) of Section 9 of this Act.

5 On or before the last day of each month the State Treasurer

6 and Comptroller shall transfer from (1) the Road Fund with

7 respect to Bonds issued under paragraph (a) of Section 4 of

8 this Act, or Bonds issued under authorization in Public Act

9 98-781,or Bonds issued for the purpose of refunding such

10 bonds, and from (2) the General Revenue Fund, with respect to

11 all other Bonds issued under this Act, to the General

12 Obligation Bond Retirement and Interest Fund an amount

13 sufficient to pay the aggregate of the principal of, interest

14 on, and premium, if any, on Bonds payable, by their terms on

15 the next payment date divided by the number of full calendar

16 months between the date of such Bonds and the first such

17 payment date, and thereafter, divided by the number of months

18 between each succeeding payment date after the first. Such

19 computations and transfers shall be made for each series of

20 Bonds issued and delivered. Interest payable on variable rate

21 bonds shall be calculated at the maximum rate of interest that

22 may be payable for the relevant period, after taking into

23 account any credits permitted in the related indenture or other

24 instrument against the amount of such interest required to be

25 appropriated for such period pursuant to subsection (c) of

26 Section 14 of this Act. Computations of interest shall include

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1 the amounts certified by the Director of the Governor's Office

2 of Management and Budget under subsection (b) of Section 9 of

3 this Act. Interest for which moneys have already been deposited

4 into the capitalized interest account within the General

5 Obligation Bond Retirement and Interest Fund shall not be

6 included in the calculation of the amounts to be transferred

7 under this subsection. Notwithstanding any other provision in

8 this Section, the transfer provisions provided in this

9 paragraph shall not apply to transfers made in fiscal year 2010

10 or fiscal year 2011 with respect to Bonds issued in fiscal year

11 2010 or fiscal year 2011 pursuant to Section 7.2 of this Act.

12 In the case of transfers made in fiscal year 2010 or fiscal

13 year 2011 with respect to the Bonds issued in fiscal year 2010

14 or fiscal year 2011 pursuant to Section 7.2 of this Act, on or

15 before the 15th day of the month prior to the required debt

16 service payment, the State Treasurer and Comptroller shall

17 transfer from the General Revenue Fund to the General

18 Obligation Bond Retirement and Interest Fund an amount

19 sufficient to pay the aggregate of the principal of, interest

20 on, and premium, if any, on the Bonds payable in that next

21 month.

22 The transfer of monies herein and above directed is not

23 required if monies in the General Obligation Bond Retirement

24 and Interest Fund are more than the amount otherwise to be

25 transferred as herein above provided, and if the Governor or

26 his authorized representative notifies the State Treasurer and

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1 Comptroller of such fact in writing.

2 (b) After the effective date of this Act, the balance of,

3 and monies directed to be included in the Capital Development

4 Bond Retirement and Interest Fund, Anti-Pollution Bond

5 Retirement and Interest Fund, Transportation Bond, Series A

6 Retirement and Interest Fund, Transportation Bond, Series B

7 Retirement and Interest Fund, and Coal Development Bond

8 Retirement and Interest Fund shall be transferred to and

9 deposited in the General Obligation Bond Retirement and

10 Interest Fund. This Fund shall be used to make debt service

11 payments on the State's general obligation Bonds heretofore

12 issued which are now outstanding and payable from the Funds

13 herein listed as well as on Bonds issued under this Act.

14 (c) Except as provided in Section 22-3 of the Military Code

15 of Illinois, the ~~The~~ unused portion of federal funds received

16 for or as reimbursement fora capital facilities project, as

17 authorized by Section 3 of this Act, for which monies from the

18 Capital Development Fund have been expended shall remain in the

19 Capital Development Board Contributory Trust Fund and shall be

20 used for capital projects and for no other purpose, subject to

21 appropriation and as directed by the Capital Development Board.

22 ~~Any federal funds received as reimbursement for the completed~~

23 ~~construction of a capital facilities project, as authorized by~~

24 ~~Section 3 of this Act, for which monies from the Capital~~

25 ~~Development Fund have been expended shall be deposited in the~~

26 ~~General Obligation Bond Retirement and Interest Fund.~~

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1 (Source: P.A. 98-245, eff. 1-1-14.)

2 Section 5-30. The Capital Development Bond Act of 1972 is

3 amended by changing Section 9a as follows:

4 (30 ILCS 420/9a) (from Ch. 127, par. 759a)

5 Sec. 9a. Except as provided in Section 22-3 of the Military

6 Code of Illinois, the ~~The~~ unused portion of federal funds

7 received for or as reimbursement fora capital improvement

8 project for which moneys from the Capital Development Fund have

9 been expended shall remain in the Capital Development Board

10 Contributory Trust Fund and shall be used for capital projects

11 and for no other purpose, subject to appropriation and as

12 directed by the Capital Development Board. ~~Any federal funds~~

13 ~~received as reimbursement for the completed construction of a~~

14 ~~capital improvement project for which moneys from the Capital~~

15 ~~Development Fund have been expended shall be deposited in the~~

16 ~~Capital Development Bond Retirement and Interest Fund.~~

17 (Source: P.A. 98-245, eff. 1-1-14.)

18 Section 5-35. The Illinois Coal Technology Development

19 Assistance Act is amended by changing Section 3 as follows:

20 (30 ILCS 730/3) (from Ch. 96 1/2, par. 8203)

21 Sec. 3. Transfers to Coal Technology Development

22 Assistance Fund.

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1 (a)As soon as may be practicable after the first day of

2 each month, the Department of Revenue shall certify to the

3 Treasurer an amount equal to 1/64 of the revenue realized from

4 the tax imposed by the Electricity Excise Tax Law, Section 2 of

5 the Public Utilities Revenue Act, Section 2 of the Messages Tax

6 Act, and Section 2 of the Gas Revenue Tax Act, during the

7 preceding month. Upon receipt of the certification, the

8 Treasurer shall transfer the amount shown on such certification

9 from the General Revenue Fund to the Coal Technology

10 Development Assistance Fund, which is hereby created as a

11 special fund in the State treasury, except that no transfer

12 shall be made in any month in which the Fund has reached the

13 following balance:

14 (1) $7,000,000 during fiscal year 1994.

15 (2) $8,500,000 during fiscal year 1995.

16 (3) $10,000,000 during fiscal years 1996 and 1997.

17 (4) During fiscal year 1998 through fiscal year 2004,

18 an amount equal to the sum of $10,000,000 plus additional

19 moneys deposited into the Coal Technology Development

20 Assistance Fund from the Renewable Energy Resources and

21 Coal Technology Development Assistance Charge under

22 Section 6.5 of the Renewable Energy, Energy Efficiency, and

23 Coal Resources Development Law of 1997.

24 (5) During fiscal year 2005, an amount equal to the sum

25 of $7,000,000 plus additional moneys deposited into the

26 Coal Technology Development Assistance Fund from the

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1 Renewable Energy Resources and Coal Technology Development

2 Assistance Charge under Section 6.5 of the Renewable

3 Energy, Energy Efficiency, and Coal Resources Development

4 Law of 1997.

5 (6) During fiscal year 2006 through fiscal year 2017

6 ~~and each fiscal year thereafter~~, an amount equal to the sum

7 of $10,000,000 plus additional moneys deposited into the

8 Coal Technology Development Assistance Fund from the

9 Renewable Energy Resources and Coal Technology Development

10 Assistance Charge under Section 6.5 of the Renewable

11 Energy, Energy Efficiency, and Coal Resources Development

12 Law of 1997.

13 (b) Beginning in fiscal year 2018 and each fiscal year

14 thereafter, the Treasurer shall make no further transfers from

15 the General Revenue Fund to the Coal Technology Development

16 Assistance Fund.

17 (Source: P.A. 99-78, eff. 7-20-15.)

18 Section 5-37. The Downstate Public Transportation Act is

19 amended by changing Sections 2-2.04, 2-3, and 2-6 as follows:

20 (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)

21 Sec. 2-2.04. "Eligible operating expenses" means all

22 expenses required for public transportation, including

23 employee wages and benefits, materials, fuels, supplies,

24 rental of facilities, taxes other than income taxes, payment

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1 made for debt service (including principal and interest) on

2 publicly owned equipment or facilities, and any other

3 expenditure which is an operating expense according to standard

4 accounting practices for the providing of public

5 transportation. Eligible operating expenses shall not include

6 allowances: (a) for depreciation whether funded or unfunded;

7 (b) for amortization of any intangible costs; (c) for debt

8 service on capital acquired with the assistance of capital

9 grant funds provided by the State of Illinois; (d) for profits

10 or return on investment; (e) for excessive payment to

11 associated entities; (f) for Comprehensive Employment Training

12 Act expenses; (g) for costs reimbursed under Sections 6 and 8

13 of the "Urban Mass Transportation Act of 1964", as amended; (h)

14 for entertainment expenses; (i) for charter expenses; (j) for

15 fines and penalties; (k) for charitable donations; (l) for

16 interest expense on long term borrowing and debt retirement

17 other than on publicly owned equipment or facilities; (m) for

18 income taxes; or (n) for such other expenses as the Department

19 may determine consistent with federal Department of

20 Transportation regulations or requirements. In consultation

21 with participants, the Department shall, by October 2008,

22 promulgate or update rules, pursuant to the Illinois

23 Administrative Procedure Act, concerning eligible expenses to

24 ensure consistent application of the Act, and the Department

25 shall provide written copies of those rules to all eligible

26 recipients. The Department shall review this process in the

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1 same manner no less frequently than every 5 years.

2 With respect to participants other than any Metro-East

3 Transit District participant and those receiving federal

4 research development and demonstration funds pursuant to

5 Section 6 of the "Urban Mass Transportation Act of 1964", as

6 amended, during the fiscal year ending June 30, 1979, the

7 maximum eligible operating expenses for any such participant in

8 any fiscal year after Fiscal Year 1980 shall be the amount

9 appropriated for such participant for the fiscal year ending

10 June 30, 1980, plus in each year a 10% increase over the

11 maximum established for the preceding fiscal year. For Fiscal

12 Year 1980 the maximum eligible operating expenses for any such

13 participant shall be the amount of projected operating expenses

14 upon which the appropriation for such participant for Fiscal

15 Year 1980 is based.

16 With respect to participants receiving federal research

17 development and demonstration operating assistance funds for

18 operating assistance pursuant to Section 6 of the "Urban Mass

19 Transportation Act of 1964", as amended, during the fiscal year

20 ending June 30, 1979, the maximum eligible operating expenses

21 for any such participant in any fiscal year after Fiscal Year

22 1980 shall not exceed such participant's eligible operating

23 expenses for the fiscal year ending June 30, 1980, plus in each

24 year a 10% increase over the maximum established for the

25 preceding fiscal year. For Fiscal Year 1980, the maximum

26 eligible operating expenses for any such participant shall be

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1 the eligible operating expenses incurred during such fiscal

2 year, or projected operating expenses upon which the

3 appropriation for such participant for the Fiscal Year 1980 is

4 based; whichever is less.

5 With respect to all participants other than any Metro-East

6 Transit District participant, the maximum eligible operating

7 expenses for any such participant in any fiscal year after

8 Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)

9 shall be the amount appropriated for such participant for the

10 fiscal year ending June 30, 1985, plus in each year a 10%

11 increase over the maximum established for the preceding year.

12 For Fiscal Year 1985, the maximum eligible operating expenses

13 for any such participant shall be the amount of projected

14 operating expenses upon which the appropriation for such

15 participant for Fiscal Year 1985 is based.

16 With respect to any mass transit district participant that

17 has increased its district boundaries by annexing counties

18 since 1998 and is maintaining a level of local financial

19 support, including all income and revenues, equal to or greater

20 than the level in the State fiscal year ending June 30, 2001,

21 the maximum eligible operating expenses for any State fiscal

22 year after 2002 (except State fiscal years 2006 through 2009)

23 shall be the amount appropriated for that participant for the

24 State fiscal year ending June 30, 2002, plus, in each State

25 fiscal year, a 10% increase over the preceding State fiscal

26 year. For State fiscal year 2002, the maximum eligible

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1 operating expenses for any such participant shall be the amount

2 of projected operating expenses upon which the appropriation

3 for that participant for State fiscal year 2002 is based. For

4 that participant, eligible operating expenses for State fiscal

5 year 2002 in excess of the eligible operating expenses for the

6 State fiscal year ending June 30, 2001, plus 10%, must be

7 attributed to the provision of services in the newly annexed

8 counties. The 10% mandatory appropriation increase for each

9 State fiscal year shall not be applied in State fiscal year

10 2018.

11 With respect to a participant that receives an initial

12 appropriation in State fiscal year 2002 or thereafter, the

13 maximum eligible operating expenses for any State fiscal year

14 after 2003 (except State fiscal years 2006 through 2009) shall

15 be the amount appropriated for that participant for the State

16 fiscal year in which it received its initial appropriation,

17 plus, in each year, a 10% increase over the preceding year. For

18 the initial State fiscal year in which a participant received

19 an appropriation, the maximum eligible operating expenses for

20 any such participant shall be the amount of projected operating

21 expenses upon which the appropriation for that participant for

22 that State fiscal year is based.The 10% mandatory

23 appropriation increase for each State fiscal year shall not be

24 applied in State fiscal year 2018.

25 With respect to the District serving primarily the counties

26 of Monroe and St. Clair, beginning July 1, 2005, the St. Clair

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1 County Transit District shall no longer be included for new

2 appropriation funding purposes as part of the Metro-East Public

3 Transportation Fund and instead shall be included for new

4 appropriation funding purposes as part of the Downstate Public

5 Transportation Fund; provided, however, that nothing herein

6 shall alter the eligibility of that District for previously

7 appropriated funds to which it would otherwise be entitled.

8 With respect to the District serving primarily Madison

9 County, beginning July 1, 2008, the Madison County Transit

10 District shall no longer be included for new appropriation

11 funding purposes as part of the Metro-East Public

12 Transportation Fund and instead shall be included for new

13 appropriation funding purposes as part of the Downstate Public

14 Transportation Fund; provided, however, that nothing herein

15 shall alter the eligibility of that District for previously

16 appropriated funds to which it would otherwise be entitled.

17 With respect to the fiscal year beginning July 1, 2007, and

18 thereafter, the following shall be included for new

19 appropriation funding purposes as part of the Downstate Public

20 Transportation Fund: Bond County; Bureau County; Coles County;

21 Edgar County; Stephenson County and the City of Freeport; Henry

22 County; Jo Daviess County; Kankakee and McLean Counties; Peoria

23 County; Piatt County; Shelby County; Tazewell and Woodford

24 Counties; Vermilion County; Williamson County; and Kendall

25 County.

26 (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)

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1 (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)

2 Sec. 2-3. (a) Except as otherwise provided in subsection

3 (f), as ~~As~~soon as possible after the first day of each month,

4 beginning July 1, 1984, upon certification of the Department of

5 Revenue, the Comptroller shall order transferred, and the

6 Treasurer shall transfer, from the General Revenue Fund to a

7 special fund in the State Treasury which is hereby created, to

8 be known as the "Downstate Public Transportation Fund", an

9 amount equal to 2/32 (beginning July 1, 2005, 3/32) of the net

10 revenue realized from the "Retailers' Occupation Tax Act", as

11 now or hereafter amended, the "Service Occupation Tax Act", as

12 now or hereafter amended, the "Use Tax Act", as now or

13 hereafter amended, and the "Service Use Tax Act", as now or

14 hereafter amended, from persons incurring municipal or county

15 retailers' or service occupation tax liability for the benefit

16 of any municipality or county located wholly within the

17 boundaries of each participant other than any Metro-East

18 Transit District participant certified pursuant to subsection

19 (c) of this Section during the preceding month, except that the

20 Department shall pay into the Downstate Public Transportation

21 Fund 2/32 (beginning July 1, 2005, 3/32) of 80% of the net

22 revenue realized under the State tax Acts named above within

23 any municipality or county located wholly within the boundaries

24 of each participant, other than any Metro-East participant, for

25 tax periods beginning on or after January 1, 1990. Net revenue

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1 realized for a month shall be the revenue collected by the

2 State pursuant to such Acts during the previous month from

3 persons incurring municipal or county retailers' or service

4 occupation tax liability for the benefit of any municipality or

5 county located wholly within the boundaries of a participant,

6 less the amount paid out during that same month as refunds or

7 credit memoranda to taxpayers for overpayment of liability

8 under such Acts for the benefit of any municipality or county

9 located wholly within the boundaries of a participant.

10 (b) As soon as possible after the first day of each month,

11 beginning July 1, 1989, upon certification of the Department of

12 Revenue, the Comptroller shall order transferred, and the

13 Treasurer shall transfer, from the General Revenue Fund to a

14 special fund in the State Treasury which is hereby created, to

15 be known as the "Metro-East Public Transportation Fund", an

16 amount equal to 2/32 of the net revenue realized, as above,

17 from within the boundaries of Madison, Monroe, and St. Clair

18 Counties, except that the Department shall pay into the

19 Metro-East Public Transportation Fund 2/32 of 80% of the net

20 revenue realized under the State tax Acts specified in

21 subsection (a) of this Section within the boundaries of

22 Madison, Monroe and St. Clair Counties for tax periods

23 beginning on or after January 1, 1990. A local match equivalent

24 to an amount which could be raised by a tax levy at the rate of

25 .05% on the assessed value of property within the boundaries of

26 Madison County is required annually to cause a total of 2/32 of

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1 the net revenue to be deposited in the Metro-East Public

2 Transportation Fund. Failure to raise the required local match

3 annually shall result in only 1/32 being deposited into the

4 Metro-East Public Transportation Fund after July 1, 1989, or

5 1/32 of 80% of the net revenue realized for tax periods

6 beginning on or after January 1, 1990.

7 (b-5) Except as otherwise provided in subsection (f), as ~~As~~

8 soon as possible after the first day of each month, beginning

9 July 1, 2005, upon certification of the Department of Revenue,

10 the Comptroller shall order transferred, and the Treasurer

11 shall transfer, from the General Revenue Fund to the Downstate

12 Public Transportation Fund, an amount equal to 3/32 of 80% of

13 the net revenue realized from within the boundaries of Monroe

14 and St. Clair Counties under the State Tax Acts specified in

15 subsection (a) of this Section and provided further that,

16 beginning July 1, 2005, the provisions of subsection (b) shall

17 no longer apply with respect to such tax receipts from Monroe

18 and St. Clair Counties.

19 (b-6) Except as otherwise provided in subsection (f), as ~~As~~

20 soon as possible after the first day of each month, beginning

21 July 1, 2008, upon certification by the Department of Revenue,

22 the Comptroller shall order transferred and the Treasurer shall

23 transfer, from the General Revenue Fund to the Downstate Public

24 Transportation Fund, an amount equal to 3/32 of 80% of the net

25 revenue realized from within the boundaries of Madison County

26 under the State Tax Acts specified in subsection (a) of this

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1 Section and provided further that, beginning July 1, 2008, the

2 provisions of subsection (b) shall no longer apply with respect

3 to such tax receipts from Madison County.

4 (c) The Department shall certify to the Department of

5 Revenue the eligible participants under this Article and the

6 territorial boundaries of such participants for the purposes of

7 the Department of Revenue in subsections (a) and (b) of this

8 Section.

9 (d) For the purposes of this Article, beginning in fiscal

10 year 2009, for fiscal years other than State fiscal year 2018,

11 the General Assembly shall appropriate an amount from the

12 Downstate Public Transportation Fund equal to the sum total

13 funds projected to be paid to the participants pursuant to

14 Section 2-7. If the General Assembly fails to make

15 appropriations sufficient to cover the amounts projected to be

16 paid pursuant to Section 2-7, this Act shall constitute an

17 irrevocable and continuing appropriation from the Downstate

18 Public Transportation Fund of all amounts necessary for those

19 purposes.

20 (e) Notwithstanding anything in this Section to the

21 contrary, amounts transferred from the General Revenue Fund to

22 the Downstate Public Transportation Fund pursuant to this

23 Section shall not exceed $169,000,000 in State fiscal year

24 2012.

25 (f) Notwithstanding anything in this Section to the

26 contrary, during each month of State fiscal year 2018, in lieu

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1 of the transfers required under subsections (a), (b-5), and

2 (b-6), the Comptroller shall order transferred and the

3 Treasurer shall transfer, from the General Revenue Fund to the

4 Downstate Public Transportation Fund, an amount equal to the

5 amount transferred from the General Revenue Fund to the

6 Downstate Public Transportation Fund in the same month of the

7 previous calendar year, including any deficiencies in

8 transfers from prior months.

9 (Source: P.A. 97-641, eff. 12-19-11.)

10 (30 ILCS 740/2-6) (from Ch. 111 2/3, par. 666)

11 Sec. 2-6. Allocation of funds.

12 (a) With respect to all participants other than any

13 Metro-East Transit District participant, the Department shall

14 allocate the funds to be made available to each participant

15 under this Article for the following fiscal year and shall

16 notify the chief official of each participant not later than

17 the first day of the fiscal year of this amount. For Fiscal

18 Year 1975, notification shall be made not later than January 1,

19 1975, of the amount of such allocation. In determining the

20 allocation for each participant, the Department shall estimate

21 the funds available to the participant from the Downstate

22 Public Transportation Fund for the purposes of this Article

23 during the succeeding fiscal year, and shall allocate to each

24 participant the amount attributable to it which shall be the

25 amount paid into the Downstate Public Transportation Fund under

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1 Section 2-3 from within its boundaries. Said allocations may be

2 exceeded for participants receiving assistance equal to

3 one-third of their eligible operating expenses, only if an

4 allocation is less than one-third of such participant's

5 eligible operating expenses, provided, however, that no other

6 participant is denied its one-third of eligible operating

7 expenses. Beginning in Fiscal Year 1997, said allocation may be

8 exceeded for participants receiving assistance equal to the

9 percentage of their eligible operating expenses provided for in

10 paragraph (b) of Section 2-7, only if allocation is less than

11 the percentage of such participant's eligible operating

12 expenses provided for in paragraph (b) of Section 2-7, provided

13 however, that no other participant is denied its percentage of

14 eligible operating expenses.

15 (b) With regard to any Metro-East Transit District

16 organized under the Local Mass Transit District Act and serving

17 one or more of the Counties of Madison, Monroe and St. Clair

18 during Fiscal Year 1989, the Department shall allocate the

19 funds to be made available to each participant for the

20 following and succeeding fiscal years and shall notify the

21 chief official of each participant not later than the first day

22 of the fiscal year of this amount. Beginning July 1, 2005, and

23 ending June 30, 2008, the Department shall allocate the amount

24 paid into the Metro-East Public Transportation Fund to the

25 District serving primarily the County of Madison.

26 (c) With respect to State fiscal year 2018, if the amount

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1 of required allocations to participants under this Section

2 exceeds moneys available in the Downstate Public

3 Transportation Fund for those purposes, then moneys available

4 in the Downstate Public Transportation Fund shall be allocated

5 to participants on a pro-rata basis.

6 (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)

7 Section 5-40. The Illinois Income Tax Act is amended by

8 changing Section 901 as follows:

9 (35 ILCS 5/901) (from Ch. 120, par. 9-901)

10 Sec. 901. Collection authority.

11 (a) In general.

12 The Department shall collect the taxes imposed by this Act.

13 The Department shall collect certified past due child support

14 amounts under Section 2505-650 of the Department of Revenue Law

15 (20 ILCS 2505/2505-650). Except as provided in subsections (c),

16 (e), (f), (g), and (h) of this Section, money collected

17 pursuant to subsections (a) and (b) of Section 201 of this Act

18 shall be paid into the General Revenue Fund in the State

19 treasury; money collected pursuant to subsections (c) and (d)

20 of Section 201 of this Act shall be paid into the Personal

21 Property Tax Replacement Fund, a special fund in the State

22 Treasury; and money collected under Section 2505-650 of the

23 Department of Revenue Law (20 ILCS 2505/2505-650) shall be paid

24 into the Child Support Enforcement Trust Fund, a special fund

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1 outside the State Treasury, or to the State Disbursement Unit

2 established under Section 10-26 of the Illinois Public Aid

3 Code, as directed by the Department of Healthcare and Family

4 Services.

5 (b) Local Government Distributive Fund.

6 Beginning August 1, 1969, and continuing through June 30,

7 1994, the Treasurer shall transfer each month from the General

8 Revenue Fund to a special fund in the State treasury, to be

9 known as the "Local Government Distributive Fund", an amount

10 equal to 1/12 of the net revenue realized from the tax imposed

11 by subsections (a) and (b) of Section 201 of this Act during

12 the preceding month. Beginning July 1, 1994, and continuing

13 through June 30, 1995, the Treasurer shall transfer each month

14 from the General Revenue Fund to the Local Government

15 Distributive Fund an amount equal to 1/11 of the net revenue

16 realized from the tax imposed by subsections (a) and (b) of

17 Section 201 of this Act during the preceding month. Beginning

18 July 1, 1995 and continuing through January 31, 2011, the

19 Treasurer shall transfer each month from the General Revenue

20 Fund to the Local Government Distributive Fund an amount equal

21 to the net of (i) 1/10 of the net revenue realized from the tax

22 imposed by subsections (a) and (b) of Section 201 of the

23 Illinois Income Tax Act during the preceding month (ii) minus,

24 beginning July 1, 2003 and ending June 30, 2004, $6,666,666,

25 and beginning July 1, 2004, zero. Beginning February 1, 2011,

26 and continuing through January 31, 2015, the Treasurer shall

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1 transfer each month from the General Revenue Fund to the Local

2 Government Distributive Fund an amount equal to the sum of (i)

3 6% (10% of the ratio of the 3% individual income tax rate prior

4 to 2011 to the 5% individual income tax rate after 2010) of the

5 net revenue realized from the tax imposed by subsections (a)

6 and (b) of Section 201 of this Act upon individuals, trusts,

7 and estates during the preceding month and (ii) 6.86% (10% of

8 the ratio of the 4.8% corporate income tax rate prior to 2011

9 to the 7% corporate income tax rate after 2010) of the net

10 revenue realized from the tax imposed by subsections (a) and

11 (b) of Section 201 of this Act upon corporations during the

12 preceding month. Beginning February 1, 2015 and continuing

13 through January 31, 2025 (but not including the period

14 beginning on July 1, 2017 and ending on June 30, 2018), the

15 Treasurer shall transfer each month from the General Revenue

16 Fund to the Local Government Distributive Fund an amount equal

17 to the sum of (i) 8% (10% of the ratio of the 3% individual

18 income tax rate prior to 2011 to the 3.75% individual income

19 tax rate after 2014) of the net revenue realized from the tax

20 imposed by subsections (a) and (b) of Section 201 of this Act

21 upon individuals, trusts, and estates during the preceding

22 month and (ii) 9.14% (10% of the ratio of the 4.8% corporate

23 income tax rate prior to 2011 to the 5.25% corporate income tax

24 rate after 2014) of the net revenue realized from the tax

25 imposed by subsections (a) and (b) of Section 201 of this Act

26 upon corporations during the preceding month. Beginning July 1,

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1 2017 and continuing through June 30, 2018, the Treasurer shall

2 transfer each month from the General Revenue Fund to the Local

3 Government Distributive Fund an amount equal to the amount

4 transferred from the General Revenue Fund to the Local

5 Government Distributive Fund in the same month of the previous

6 calendar year, including any deficiencies in transfers from

7 prior months. Beginning February 1, 2025, the Treasurer shall

8 transfer each month from the General Revenue Fund to the Local

9 Government Distributive Fund an amount equal to the sum of (i)

10 9.23% (10% of the ratio of the 3% individual income tax rate

11 prior to 2011 to the 3.25% individual income tax rate after

12 2024) of the net revenue realized from the tax imposed by

13 subsections (a) and (b) of Section 201 of this Act upon

14 individuals, trusts, and estates during the preceding month and

15 (ii) 10% of the net revenue realized from the tax imposed by

16 subsections (a) and (b) of Section 201 of this Act upon

17 corporations during the preceding month. Net revenue realized

18 for a month shall be defined as the revenue from the tax

19 imposed by subsections (a) and (b) of Section 201 of this Act

20 which is deposited in the General Revenue Fund, the Education

21 Assistance Fund, the Income Tax Surcharge Local Government

22 Distributive Fund, the Fund for the Advancement of Education,

23 and the Commitment to Human Services Fund during the month

24 minus the amount paid out of the General Revenue Fund in State

25 warrants during that same month as refunds to taxpayers for

26 overpayment of liability under the tax imposed by subsections

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1 (a) and (b) of Section 201 of this Act.

2 Beginning on August 26, 2014 (the effective date of Public

3 Act 98-1052), the Comptroller shall perform the transfers

4 required by this subsection (b) no later than 60 days after he

5 or she receives the certification from the Treasurer as

6 provided in Section 1 of the State Revenue Sharing Act.

7 (c) Deposits Into Income Tax Refund Fund.

8 (1) Beginning on January 1, 1989 and thereafter, the

9 Department shall deposit a percentage of the amounts

10 collected pursuant to subsections (a) and (b)(1), (2), and

11 (3), of Section 201 of this Act into a fund in the State

12 treasury known as the Income Tax Refund Fund. The

13 Department shall deposit 6% of such amounts during the

14 period beginning January 1, 1989 and ending on June 30,

15 1989. Beginning with State fiscal year 1990 and for each

16 fiscal year thereafter, the percentage deposited into the

17 Income Tax Refund Fund during a fiscal year shall be the

18 Annual Percentage. For fiscal years 1999 through 2001, the

19 Annual Percentage shall be 7.1%. For fiscal year 2003, the

20 Annual Percentage shall be 8%. For fiscal year 2004, the

21 Annual Percentage shall be 11.7%. Upon the effective date

22 of this amendatory Act of the 93rd General Assembly, the

23 Annual Percentage shall be 10% for fiscal year 2005. For

24 fiscal year 2006, the Annual Percentage shall be 9.75%. For

25 fiscal year 2007, the Annual Percentage shall be 9.75%. For

26 fiscal year 2008, the Annual Percentage shall be 7.75%. For

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1 fiscal year 2009, the Annual Percentage shall be 9.75%. For

2 fiscal year 2010, the Annual Percentage shall be 9.75%. For

3 fiscal year 2011, the Annual Percentage shall be 8.75%. For

4 fiscal year 2012, the Annual Percentage shall be 8.75%. For

5 fiscal year 2013, the Annual Percentage shall be 9.75%. For

6 fiscal year 2014, the Annual Percentage shall be 9.5%. For

7 fiscal year 2015, the Annual Percentage shall be 10%. For

8 fiscal year 2018, the Annual Percentage shall be 9.8%. For

9 all other fiscal years, the Annual Percentage shall be

10 calculated as a fraction, the numerator of which shall be

11 the amount of refunds approved for payment by the

12 Department during the preceding fiscal year as a result of

13 overpayment of tax liability under subsections (a) and

14 (b)(1), (2), and (3) of Section 201 of this Act plus the

15 amount of such refunds remaining approved but unpaid at the

16 end of the preceding fiscal year, minus the amounts

17 transferred into the Income Tax Refund Fund from the

18 Tobacco Settlement Recovery Fund, and the denominator of

19 which shall be the amounts which will be collected pursuant

20 to subsections (a) and (b)(1), (2), and (3) of Section 201

21 of this Act during the preceding fiscal year; except that

22 in State fiscal year 2002, the Annual Percentage shall in

23 no event exceed 7.6%. The Director of Revenue shall certify

24 the Annual Percentage to the Comptroller on the last

25 business day of the fiscal year immediately preceding the

26 fiscal year for which it is to be effective.

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1 (2) Beginning on January 1, 1989 and thereafter, the

2 Department shall deposit a percentage of the amounts

3 collected pursuant to subsections (a) and (b)(6), (7), and

4 (8), (c) and (d) of Section 201 of this Act into a fund in

5 the State treasury known as the Income Tax Refund Fund. The

6 Department shall deposit 18% of such amounts during the

7 period beginning January 1, 1989 and ending on June 30,

8 1989. Beginning with State fiscal year 1990 and for each

9 fiscal year thereafter, the percentage deposited into the

10 Income Tax Refund Fund during a fiscal year shall be the

11 Annual Percentage. For fiscal years 1999, 2000, and 2001,

12 the Annual Percentage shall be 19%. For fiscal year 2003,

13 the Annual Percentage shall be 27%. For fiscal year 2004,

14 the Annual Percentage shall be 32%. Upon the effective date

15 of this amendatory Act of the 93rd General Assembly, the

16 Annual Percentage shall be 24% for fiscal year 2005. For

17 fiscal year 2006, the Annual Percentage shall be 20%. For

18 fiscal year 2007, the Annual Percentage shall be 17.5%. For

19 fiscal year 2008, the Annual Percentage shall be 15.5%. For

20 fiscal year 2009, the Annual Percentage shall be 17.5%. For

21 fiscal year 2010, the Annual Percentage shall be 17.5%. For

22 fiscal year 2011, the Annual Percentage shall be 17.5%. For

23 fiscal year 2012, the Annual Percentage shall be 17.5%. For

24 fiscal year 2013, the Annual Percentage shall be 14%. For

25 fiscal year 2014, the Annual Percentage shall be 13.4%. For

26 fiscal year 2015, the Annual Percentage shall be 14%. For

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1 fiscal year 2018, the Annual Percentage shall be 17.5%. For

2 all other fiscal years, the Annual Percentage shall be

3 calculated as a fraction, the numerator of which shall be

4 the amount of refunds approved for payment by the

5 Department during the preceding fiscal year as a result of

6 overpayment of tax liability under subsections (a) and

7 (b)(6), (7), and (8), (c) and (d) of Section 201 of this

8 Act plus the amount of such refunds remaining approved but

9 unpaid at the end of the preceding fiscal year, and the

10 denominator of which shall be the amounts which will be

11 collected pursuant to subsections (a) and (b)(6), (7), and

12 (8), (c) and (d) of Section 201 of this Act during the

13 preceding fiscal year; except that in State fiscal year

14 2002, the Annual Percentage shall in no event exceed 23%.

15 The Director of Revenue shall certify the Annual Percentage

16 to the Comptroller on the last business day of the fiscal

17 year immediately preceding the fiscal year for which it is

18 to be effective.

19 (3) The Comptroller shall order transferred and the

20 Treasurer shall transfer from the Tobacco Settlement

21 Recovery Fund to the Income Tax Refund Fund (i) $35,000,000

22 in January, 2001, (ii) $35,000,000 in January, 2002, and

23 (iii) $35,000,000 in January, 2003.

24 (d) Expenditures from Income Tax Refund Fund.

25 (1) Beginning January 1, 1989, money in the Income Tax

26 Refund Fund shall be expended exclusively for the purpose

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1 of paying refunds resulting from overpayment of tax

2 liability under Section 201 of this Act, for paying rebates

3 under Section 208.1 in the event that the amounts in the

4 Homeowners' Tax Relief Fund are insufficient for that

5 purpose, and for making transfers pursuant to this

6 subsection (d).

7 (2) The Director shall order payment of refunds

8 resulting from overpayment of tax liability under Section

9 201 of this Act from the Income Tax Refund Fund only to the

10 extent that amounts collected pursuant to Section 201 of

11 this Act and transfers pursuant to this subsection (d) and

12 item (3) of subsection (c) have been deposited and retained

13 in the Fund.

14 (3) As soon as possible after the end of each fiscal

15 year, the Director shall order transferred and the State

16 Treasurer and State Comptroller shall transfer from the

17 Income Tax Refund Fund to the Personal Property Tax

18 Replacement Fund an amount, certified by the Director to

19 the Comptroller, equal to the excess of the amount

20 collected pursuant to subsections (c) and (d) of Section

21 201 of this Act deposited into the Income Tax Refund Fund

22 during the fiscal year over the amount of refunds resulting

23 from overpayment of tax liability under subsections (c) and

24 (d) of Section 201 of this Act paid from the Income Tax

25 Refund Fund during the fiscal year.

26 (4) As soon as possible after the end of each fiscal

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1 year, the Director shall order transferred and the State

2 Treasurer and State Comptroller shall transfer from the

3 Personal Property Tax Replacement Fund to the Income Tax

4 Refund Fund an amount, certified by the Director to the

5 Comptroller, equal to the excess of the amount of refunds

6 resulting from overpayment of tax liability under

7 subsections (c) and (d) of Section 201 of this Act paid

8 from the Income Tax Refund Fund during the fiscal year over

9 the amount collected pursuant to subsections (c) and (d) of

10 Section 201 of this Act deposited into the Income Tax

11 Refund Fund during the fiscal year.

12 (4.5) As soon as possible after the end of fiscal year

13 1999 and of each fiscal year thereafter, the Director shall

14 order transferred and the State Treasurer and State

15 Comptroller shall transfer from the Income Tax Refund Fund

16 to the General Revenue Fund any surplus remaining in the

17 Income Tax Refund Fund as of the end of such fiscal year;

18 excluding for fiscal years 2000, 2001, and 2002 amounts

19 attributable to transfers under item (3) of subsection (c)

20 less refunds resulting from the earned income tax credit.

21 (5) This Act shall constitute an irrevocable and

22 continuing appropriation from the Income Tax Refund Fund

23 for the purpose of paying refunds upon the order of the

24 Director in accordance with the provisions of this Section.

25 (e) Deposits into the Education Assistance Fund and the

26 Income Tax Surcharge Local Government Distributive Fund.

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1 On July 1, 1991, and thereafter, of the amounts collected

2 pursuant to subsections (a) and (b) of Section 201 of this Act,

3 minus deposits into the Income Tax Refund Fund, the Department

4 shall deposit 7.3% into the Education Assistance Fund in the

5 State Treasury. Beginning July 1, 1991, and continuing through

6 January 31, 1993, of the amounts collected pursuant to

7 subsections (a) and (b) of Section 201 of the Illinois Income

8 Tax Act, minus deposits into the Income Tax Refund Fund, the

9 Department shall deposit 3.0% into the Income Tax Surcharge

10 Local Government Distributive Fund in the State Treasury.

11 Beginning February 1, 1993 and continuing through June 30,

12 1993, of the amounts collected pursuant to subsections (a) and

13 (b) of Section 201 of the Illinois Income Tax Act, minus

14 deposits into the Income Tax Refund Fund, the Department shall

15 deposit 4.4% into the Income Tax Surcharge Local Government

16 Distributive Fund in the State Treasury. Beginning July 1,

17 1993, and continuing through June 30, 1994, of the amounts

18 collected under subsections (a) and (b) of Section 201 of this

19 Act, minus deposits into the Income Tax Refund Fund, the

20 Department shall deposit 1.475% into the Income Tax Surcharge

21 Local Government Distributive Fund in the State Treasury.

22 (f) Deposits into the Fund for the Advancement of

23 Education. Beginning February 1, 2015, the Department shall

24 deposit the following portions of the revenue realized from the

25 tax imposed upon individuals, trusts, and estates by

26 subsections (a) and (b) of Section 201 of this Act during the

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1 preceding month, minus deposits into the Income Tax Refund

2 Fund, into the Fund for the Advancement of Education:

3 (1) beginning February 1, 2015, and prior to February

4 1, 2025, 1/30; and

5 (2) beginning February 1, 2025, 1/26.

6 If the rate of tax imposed by subsection (a) and (b) of

7 Section 201 is reduced pursuant to Section 201.5 of this Act,

8 the Department shall not make the deposits required by this

9 subsection (f) on or after the effective date of the reduction.

10 (g) Deposits into the Commitment to Human Services Fund.

11 Beginning February 1, 2015, the Department shall deposit the

12 following portions of the revenue realized from the tax imposed

13 upon individuals, trusts, and estates by subsections (a) and

14 (b) of Section 201 of this Act during the preceding month,

15 minus deposits into the Income Tax Refund Fund, into the

16 Commitment to Human Services Fund:

17 (1) beginning February 1, 2015, and prior to February

18 1, 2025, 1/30; and

19 (2) beginning February 1, 2025, 1/26.

20 If the rate of tax imposed by subsection (a) and (b) of

21 Section 201 is reduced pursuant to Section 201.5 of this Act,

22 the Department shall not make the deposits required by this

23 subsection (g) on or after the effective date of the reduction.

24 (h) Deposits into the Tax Compliance and Administration

25 Fund. Beginning on the first day of the first calendar month to

26 occur on or after August 26, 2014 (the effective date of Public

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1 Act 98-1098), each month the Department shall pay into the Tax

2 Compliance and Administration Fund, to be used, subject to

3 appropriation, to fund additional auditors and compliance

4 personnel at the Department, an amount equal to 1/12 of 5% of

5 the cash receipts collected during the preceding fiscal year by

6 the Audit Bureau of the Department from the tax imposed by

7 subsections (a), (b), (c), and (d) of Section 201 of this Act,

8 net of deposits into the Income Tax Refund Fund made from those

9 cash receipts.

10 (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;

11 98-1052, eff. 8-26-14; 98-1098, eff. 8-26-14; 99-78, eff.

12 7-20-15.)

13 Section 5-43. The Regional Transportation Authority Act is

14 amended by changing Section 4.09 as follows:

15 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)

16 Sec. 4.09. Public Transportation Fund and the Regional

17 Transportation Authority Occupation and Use Tax Replacement

18 Fund.

19 (a)(1)Except as otherwise provided in paragraph (4), as ~~As~~

20 soon as possible after the first day of each month, beginning

21 July 1, 1984, upon certification of the Department of Revenue,

22 the Comptroller shall order transferred and the Treasurer shall

23 transfer from the General Revenue Fund to a special fund in the

24 State Treasury to be known as the Public Transportation Fund an

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1 amount equal to 25% of the net revenue, before the deduction of

2 the serviceman and retailer discounts pursuant to Section 9 of

3 the Service Occupation Tax Act and Section 3 of the Retailers'

4 Occupation Tax Act, realized from any tax imposed by the

5 Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the

6 amounts deposited into the Regional Transportation Authority

7 tax fund created by Section 4.03 of this Act, from the County

8 and Mass Transit District Fund as provided in Section 6z-20 of

9 the State Finance Act and 25% of the amounts deposited into the

10 Regional Transportation Authority Occupation and Use Tax

11 Replacement Fund from the State and Local Sales Tax Reform Fund

12 as provided in Section 6z-17 of the State Finance Act. On the

13 first day of the month following the date that the Department

14 receives revenues from increased taxes under Section 4.03(m) as

15 authorized by this amendatory Act of the 95th General Assembly,

16 in lieu of the transfers authorized in the preceding sentence,

17 upon certification of the Department of Revenue, the

18 Comptroller shall order transferred and the Treasurer shall

19 transfer from the General Revenue Fund to the Public

20 Transportation Fund an amount equal to 25% of the net revenue,

21 before the deduction of the serviceman and retailer discounts

22 pursuant to Section 9 of the Service Occupation Tax Act and

23 Section 3 of the Retailers' Occupation Tax Act, realized from

24 (i) 80% of the proceeds of any tax imposed by the Authority at

25 a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any

26 tax imposed by the Authority at the rate of 1% in Cook County,

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1 and (iii) one-third of the proceeds of any tax imposed by the

2 Authority at the rate of 0.75% in the Counties of DuPage, Kane,

3 Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%

4 of the net revenue realized from any tax imposed by the

5 Authority pursuant to Section 4.03.1, and 25% of the amounts

6 deposited into the Regional Transportation Authority tax fund

7 created by Section 4.03 of this Act from the County and Mass

8 Transit District Fund as provided in Section 6z-20 of the State

9 Finance Act, and 25% of the amounts deposited into the Regional

10 Transportation Authority Occupation and Use Tax Replacement

11 Fund from the State and Local Sales Tax Reform Fund as provided

12 in Section 6z-17 of the State Finance Act. As used in this

13 Section, net revenue realized for a month shall be the revenue

14 collected by the State pursuant to Sections 4.03 and 4.03.1

15 during the previous month from within the metropolitan region,

16 less the amount paid out during that same month as refunds to

17 taxpayers for overpayment of liability in the metropolitan

18 region under Sections 4.03 and 4.03.1.

19 (2) (Blank). ~~On the first day of the month following the~~

20 ~~effective date of this amendatory Act of the 95th General~~

21 ~~Assembly and each month thereafter, upon certification by the~~

22 ~~Department of Revenue, the Comptroller shall order transferred~~

23 ~~and the Treasurer shall transfer from the General Revenue Fund~~

24 ~~to the Public Transportation Fund an amount equal to 5% of the~~

25 ~~net revenue, before the deduction of the serviceman and~~

26 ~~retailer discounts pursuant to Section 9 of the Service~~

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1 ~~Occupation Tax Act and Section 3 of the Retailers' Occupation~~

2 ~~Tax Act, realized from any tax imposed by the Authority~~

3 ~~pursuant to Sections 4.03 and 4.03.1 and certified by the~~

4 ~~Department of Revenue under Section 4.03(n) of this Act to be~~

5 ~~paid to the Authority and 5% of the amounts deposited into the~~

6 ~~Regional Transportation Authority tax fund created by Section~~

7 ~~4.03 of this Act from the County and Mass Transit District Fund~~

8 ~~as provided in Section 6z-20 of the State Finance Act, and 5%~~

9 ~~of the amounts deposited into the Regional Transportation~~

10 ~~Authority Occupation and Use Tax Replacement Fund from the~~

11 ~~State and Local Sales Tax Reform Fund as provided in Section~~

12 ~~6z-17 of the State Finance Act, and 5% of the revenue realized~~

13 ~~by the Chicago Transit Authority as financial assistance from~~

14 ~~the City of Chicago from the proceeds of any tax imposed by the~~

15 ~~City of Chicago under Section 8-3-19 of the Illinois Municipal~~

16 ~~Code.~~

17 (3) Except as otherwise provided in paragraph (4), as ~~As~~

18 soon as possible after the first day of January, 2009 and each

19 month thereafter, upon certification of the Department of

20 Revenue with respect to the taxes collected under Section 4.03,

21 the Comptroller shall order transferred and the Treasurer shall

22 transfer from the General Revenue Fund to the Public

23 Transportation Fund an amount equal to 25% of the net revenue,

24 before the deduction of the serviceman and retailer discounts

25 pursuant to Section 9 of the Service Occupation Tax Act and

26 Section 3 of the Retailers' Occupation Tax Act, realized from

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1 (i) 20% of the proceeds of any tax imposed by the Authority at

2 a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any

3 tax imposed by the Authority at the rate of 1% in Cook County,

4 and (iii) one-third of the proceeds of any tax imposed by the

5 Authority at the rate of 0.75% in the Counties of DuPage, Kane,

6 Lake, McHenry, and Will, all pursuant to Section 4.03, and the

7 Comptroller shall order transferred and the Treasurer shall

8 transfer from the General Revenue Fund to the Public

9 Transportation Fund (iv) an amount equal to 25% of the revenue

10 realized by the Chicago Transit Authority as financial

11 assistance from the City of Chicago from the proceeds of any

12 tax imposed by the City of Chicago under Section 8-3-19 of the

13 Illinois Municipal Code.

14 (4) Notwithstanding any provision of law to the contrary,

15 during State fiscal year 2018 only, of the transfers to be made

16 under paragraphs (1) and (3) of this subsection (a) from the

17 General Revenue Fund to the Public Transportation Fund, the

18 first $100,000,000 that would have otherwise been transferred

19 from the General Revenue Fund shall be transferred from the

20 Road Fund. The remaining balance of such transfers shall be

21 made from the General Revenue Fund.

22 (b)(1) All moneys deposited in the Public Transportation

23 Fund and the Regional Transportation Authority Occupation and

24 Use Tax Replacement Fund, whether deposited pursuant to this

25 Section or otherwise, are allocated to the Authority. The

26 Comptroller, as soon as possible after each monthly transfer

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1 provided in this Section and after each deposit into the Public

2 Transportation Fund, shall order the Treasurer to pay to the

3 Authority out of the Public Transportation Fund the amount so

4 transferred or deposited. Any Additional State Assistance and

5 Additional Financial Assistance paid to the Authority under

6 this Section shall be expended by the Authority for its

7 purposes as provided in this Act. The balance of the amounts

8 paid to the Authority from the Public Transportation Fund shall

9 be expended by the Authority as provided in Section 4.03.3. The

10 Comptroller, as soon as possible after each deposit into the

11 Regional Transportation Authority Occupation and Use Tax

12 Replacement Fund provided in this Section and Section 6z-17 of

13 the State Finance Act, shall order the Treasurer to pay to the

14 Authority out of the Regional Transportation Authority

15 Occupation and Use Tax Replacement Fund the amount so

16 deposited. Such amounts paid to the Authority may be expended

17 by it for its purposes as provided in this Act. The provisions

18 directing the distributions from the Public Transportation

19 Fund and the Regional Transportation Authority Occupation and

20 Use Tax Replacement Fund provided for in this Section shall

21 constitute an irrevocable and continuing appropriation of all

22 amounts as provided herein. The State Treasurer and State

23 Comptroller are hereby authorized and directed to make

24 distributions as provided in this Section. (2) Provided,

25 however, no moneys deposited under subsection (a) of this

26 Section shall be paid from the Public Transportation Fund to

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1 the Authority or its assignee for any fiscal year until the

2 Authority has certified to the Governor, the Comptroller, and

3 the Mayor of the City of Chicago that it has adopted for that

4 fiscal year an Annual Budget and Two-Year Financial Plan

5 meeting the requirements in Section 4.01(b).

6 (c) In recognition of the efforts of the Authority to

7 enhance the mass transportation facilities under its control,

8 the State shall provide financial assistance ("Additional

9 State Assistance") in excess of the amounts transferred to the

10 Authority from the General Revenue Fund under subsection (a) of

11 this Section. Additional State Assistance shall be calculated

12 as provided in subsection (d), but shall in no event exceed the

13 following specified amounts with respect to the following State

14 fiscal years:

15	`1990`	`$5,000,000;`
16	`1991`	`$5,000,000;`
17	`1992`	`$10,000,000;`
18	`1993`	`$10,000,000;`
19	`1994`	`$20,000,000;`
20	`1995`	`$30,000,000;`
21	`1996`	`$40,000,000;`
22	`1997`	`$50,000,000;`
23	`1998`	`$55,000,000; and`
24	`each year thereafter`	`$55,000,000.`

25 (c-5) The State shall provide financial assistance

26 ("Additional Financial Assistance") in addition to the

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1 Additional State Assistance provided by subsection (c) and the

2 amounts transferred to the Authority from the General Revenue

3 Fund under subsection (a) of this Section. Additional Financial

4 Assistance provided by this subsection shall be calculated as

5 provided in subsection (d), but shall in no event exceed the

6 following specified amounts with respect to the following State

7 fiscal years:

8	`2000`	`$0;`
9	`2001`	`$16,000,000;`
10	`2002`	`$35,000,000;`
11	`2003`	`$54,000,000;`
12	`2004`	`$73,000,000;`
13	`2005`	`$93,000,000; and`
14	`each year thereafter`	`$100,000,000.`

15 (d) Beginning with State fiscal year 1990 and continuing

16 for each State fiscal year thereafter, the Authority shall

17 annually certify to the State Comptroller and State Treasurer,

18 separately with respect to each of subdivisions (g)(2) and

19 (g)(3) of Section 4.04 of this Act, the following amounts:

20 (1) The amount necessary and required, during the State

21 fiscal year with respect to which the certification is

22 made, to pay its obligations for debt service on all

23 outstanding bonds or notes issued by the Authority under

24 subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.

25 (2) An estimate of the amount necessary and required to

26 pay its obligations for debt service for any bonds or notes

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1 which the Authority anticipates it will issue under

2 subdivisions (g)(2) and (g)(3) of Section 4.04 during that

3 State fiscal year.

4 (3) Its debt service savings during the preceding State

5 fiscal year from refunding or advance refunding of bonds or

6 notes issued under subdivisions (g)(2) and (g)(3) of

7 Section 4.04.

8 (4) The amount of interest, if any, earned by the

9 Authority during the previous State fiscal year on the

10 proceeds of bonds or notes issued pursuant to subdivisions

11 (g)(2) and (g)(3) of Section 4.04, other than refunding or

12 advance refunding bonds or notes.

13 The certification shall include a specific schedule of debt

14 service payments, including the date and amount of each payment

15 for all outstanding bonds or notes and an estimated schedule of

16 anticipated debt service for all bonds and notes it intends to

17 issue, if any, during that State fiscal year, including the

18 estimated date and estimated amount of each payment.

19 Immediately upon the issuance of bonds for which an

20 estimated schedule of debt service payments was prepared, the

21 Authority shall file an amended certification with respect to

22 item (2) above, to specify the actual schedule of debt service

23 payments, including the date and amount of each payment, for

24 the remainder of the State fiscal year.

25 On the first day of each month of the State fiscal year in

26 which there are bonds outstanding with respect to which the

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1 certification is made, the State Comptroller shall order

2 transferred and the State Treasurer shall transfer from the

3 Road ~~General Revenue~~Fund to the Public Transportation Fund the

4 Additional State Assistance and Additional Financial

5 Assistance in an amount equal to the aggregate of (i)

6 one-twelfth of the sum of the amounts certified under items (1)

7 and (3) above less the amount certified under item (4) above,

8 plus (ii) the amount required to pay debt service on bonds and

9 notes issued during the fiscal year, if any, divided by the

10 number of months remaining in the fiscal year after the date of

11 issuance, or some smaller portion as may be necessary under

12 subsection (c) or (c-5) of this Section for the relevant State

13 fiscal year, plus (iii) any cumulative deficiencies in

14 transfers for prior months, until an amount equal to the sum of

15 the amounts certified under items (1) and (3) above, plus the

16 actual debt service certified under item (2) above, less the

17 amount certified under item (4) above, has been transferred;

18 except that these transfers are subject to the following

19 limits:

20 (A) In no event shall the total transfers in any State

21 fiscal year relating to outstanding bonds and notes issued

22 by the Authority under subdivision (g)(2) of Section 4.04

23 exceed the lesser of the annual maximum amount specified in

24 subsection (c) or the sum of the amounts certified under

25 items (1) and (3) above, plus the actual debt service

26 certified under item (2) above, less the amount certified

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1 under item (4) above, with respect to those bonds and

2 notes.

3 (B) In no event shall the total transfers in any State

4 fiscal year relating to outstanding bonds and notes issued

5 by the Authority under subdivision (g)(3) of Section 4.04

6 exceed the lesser of the annual maximum amount specified in

7 subsection (c-5) or the sum of the amounts certified under

8 items (1) and (3) above, plus the actual debt service

9 certified under item (2) above, less the amount certified

10 under item (4) above, with respect to those bonds and

11 notes.

12 The term "outstanding" does not include bonds or notes for

13 which refunding or advance refunding bonds or notes have been

14 issued.

15 (e) Neither Additional State Assistance nor Additional

16 Financial Assistance may be pledged, either directly or

17 indirectly as general revenues of the Authority, as security

18 for any bonds issued by the Authority. The Authority may not

19 assign its right to receive Additional State Assistance or

20 Additional Financial Assistance, or direct payment of

21 Additional State Assistance or Additional Financial

22 Assistance, to a trustee or any other entity for the payment of

23 debt service on its bonds.

24 (f) The certification required under subsection (d) with

25 respect to outstanding bonds and notes of the Authority shall

26 be filed as early as practicable before the beginning of the

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1 State fiscal year to which it relates. The certification shall

2 be revised as may be necessary to accurately state the debt

3 service requirements of the Authority.

4 (g) Within 6 months of the end of each fiscal year, the

5 Authority shall determine:

6 (i) whether the aggregate of all system generated

7 revenues for public transportation in the metropolitan

8 region which is provided by, or under grant or purchase of

9 service contracts with, the Service Boards equals 50% of

10 the aggregate of all costs of providing such public

11 transportation. "System generated revenues" include all

12 the proceeds of fares and charges for services provided,

13 contributions received in connection with public

14 transportation from units of local government other than

15 the Authority, except for contributions received by the

16 Chicago Transit Authority from a real estate transfer tax

17 imposed under subsection (i) of Section 8-3-19 of the

18 Illinois Municipal Code, and from the State pursuant to

19 subsection (i) of Section 2705-305 of the Department of

20 Transportation Law (20 ILCS 2705/2705-305), and all other

21 revenues properly included consistent with generally

22 accepted accounting principles but may not include: the

23 proceeds from any borrowing, and, beginning with the 2007

24 fiscal year, all revenues and receipts, including but not

25 limited to fares and grants received from the federal,

26 State or any unit of local government or other entity,

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1 derived from providing ADA paratransit service pursuant to

2 Section 2.30 of the Regional Transportation Authority Act.

3 "Costs" include all items properly included as operating

4 costs consistent with generally accepted accounting

5 principles, including administrative costs, but do not

6 include: depreciation; payment of principal and interest

7 on bonds, notes or other evidences of obligations for

8 borrowed money of the Authority; payments with respect to

9 public transportation facilities made pursuant to

10 subsection (b) of Section 2.20; any payments with respect

11 to rate protection contracts, credit enhancements or

12 liquidity agreements made under Section 4.14; any other

13 cost as to which it is reasonably expected that a cash

14 expenditure will not be made; costs for passenger security

15 including grants, contracts, personnel, equipment and

16 administrative expenses, except in the case of the Chicago

17 Transit Authority, in which case the term does not include

18 costs spent annually by that entity for protection against

19 crime as required by Section 27a of the Metropolitan

20 Transit Authority Act; the costs of Debt Service paid by

21 the Chicago Transit Authority, as defined in Section 12c of

22 the Metropolitan Transit Authority Act, or bonds or notes

23 issued pursuant to that Section; the payment by the

24 Commuter Rail Division of debt service on bonds issued

25 pursuant to Section 3B.09; expenses incurred by the

26 Suburban Bus Division for the cost of new public

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1 transportation services funded from grants pursuant to

2 Section 2.01e of this amendatory Act of the 95th General

3 Assembly for a period of 2 years from the date of

4 initiation of each such service; costs as exempted by the

5 Board for projects pursuant to Section 2.09 of this Act;

6 or, beginning with the 2007 fiscal year, expenses related

7 to providing ADA paratransit service pursuant to Section

8 2.30 of the Regional Transportation Authority Act; or in

9 fiscal years 2008 through 2012 inclusive, costs in the

10 amount of $200,000,000 in fiscal year 2008, reducing by

11 $40,000,000 in each fiscal year thereafter until this

12 exemption is eliminated. If said system generated revenues

13 are less than 50% of said costs, the Board shall remit an

14 amount equal to the amount of the deficit to the State. The

15 Treasurer shall deposit any such payment in theRoad

16 ~~General Revenue~~ Fund; and

17 (ii) whether, beginning with the 2007 fiscal year, the

18 aggregate of all fares charged and received for ADA

19 paratransit services equals the system generated ADA

20 paratransit services revenue recovery ratio percentage of

21 the aggregate of all costs of providing such ADA

22 paratransit services.

23 (h) If the Authority makes any payment to the State under

24 paragraph (g), the Authority shall reduce the amount provided

25 to a Service Board from funds transferred under paragraph (a)

26 in proportion to the amount by which that Service Board failed

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1 to meet its required system generated revenues recovery ratio.

2 A Service Board which is affected by a reduction in funds under

3 this paragraph shall submit to the Authority concurrently with

4 its next due quarterly report a revised budget incorporating

5 the reduction in funds. The revised budget must meet the

6 criteria specified in clauses (i) through (vi) of Section

7 4.11(b)(2). The Board shall review and act on the revised

8 budget as provided in Section 4.11(b)(3).

9 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;

10 95-906, eff. 8-26-08.)

11 Section 5-50. The Public Community College Act is amended

12 by changing Section 5-11 as follows:

13 (110 ILCS 805/5-11) (from Ch. 122, par. 105-11)

14 Sec. 5-11. Any public community college which subsequent to

15 July 1, 1972 but before July 1, 2016, commenced construction of

16 any facilities approved by the State Board and the Illinois

17 Board of Higher Education may, after completion thereof, apply

18 to the State for a grant for expenditures made by the community

19 college from its own funds for building purposes for such

20 facilities in excess of 25% of the cost of such facilities as

21 approved by the State Board and the Illinois Board of Higher

22 Education. Any public community college that, on or after July

23 1, 2016, commenced construction of any facilities approved by

24 the State Board may, after completion thereof, apply to the

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1 State for a grant for expenditures made by the community

2 college from its own funds for building purposes for such

3 facilities in excess of 25% of the cost of such facilities as

4 approved by the State Board. A grant shall be contingent upon

5 said community college having otherwise complied with Sections

6 5-3, 5-4, 5-5 and 5-10 of this Act.

7 If any payments or contributions of any kind which are

8 based upon, or are to be applied to, the cost of such

9 construction are received from the Federal government, or an

10 agency thereof, subsequent to receipt of the grant herein

11 provided, the amount of such subsequent payment or

12 contributions shall be paid over to the Capital Development

13 Board by the community college for deposit in the Capital

14 Development Board Contributory Trust ~~Bond Interest and~~

15 ~~Retirement~~ Fund.

16 (Source: P.A. 99-655, eff. 7-28-16.)

17 Section 5-55. The Nurse Practice Act is amended by changing

18 Section 70-50 as follows:

19 (225 ILCS 65/70-50) (was 225 ILCS 65/20-40)

20 (Section scheduled to be repealed on January 1, 2018)

21 Sec. 70-50. Fund.

22 (a) There is hereby created within the State Treasury the

23 Nursing Dedicated and Professional Fund. The monies in the Fund

24 may be used by and at the direction of the Department for the

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1 administration and enforcement of this Act, including but not

2 limited to:

3 (1) Distribution and publication of this Act and rules.

4 (2) Employment of secretarial, nursing,

5 administrative, enforcement, and other staff for the

6 administration of this Act.

7 (b) Disposition of fees:

8 (1) $5 of every licensure fee shall be placed in a fund

9 for assistance to nurses enrolled in a diversionary program

10 as approved by the Department.

11 (2) All of the fees, fines, and penalties collected

12 pursuant to this Act shall be deposited in the Nursing

13 Dedicated and Professional Fund.

14 (3) Each fiscal year, the moneys deposited in the

15 Nursing Dedicated and Professional Fund shall be

16 appropriated to the Department for expenses of the

17 Department and the Board in the administration of this Act.

18 All earnings received from investment of moneys in the

19 Nursing Dedicated and Professional Fund shall be deposited

20 in the Nursing Dedicated and Professional Fund and shall be

21 used for the same purposes as fees deposited in the Fund.

22 (4) For the fiscal year beginning July 1, 2009 and for

23 each fiscal year thereafter, $2,000,000 of the moneys

24 deposited in the Nursing Dedicated and Professional Fund

25 each year shall be set aside and appropriated to the

26 Department of Public Health for nursing scholarships

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1 awarded pursuant to the Nursing Education Scholarship Law.

2 Representatives of the Department and the Nursing

3 Education Scholarship Program Advisory Council shall

4 review this requirement and the scholarship awards every 2

5 years.

6 (5) Moneys in the Fund may be transferred to the

7 Professions Indirect Cost Fund as authorized under Section

8 2105-300 of the Department of Professional Regulation Law

9 (20 ILCS 2105/2105-300).

10 (6) For the fiscal year beginning July 1, 2017, a

11 portion of the moneys deposited in the Nursing Dedicated

12 and Professional Fund shall be appropriated to the Board of

13 Higher Education, the Illinois Community College Board,

14 and the Illinois Student Assistance Commission for grants

15 and programs to support nursing education.

16 (c) Moneys set aside for nursing scholarships awarded

17 pursuant to the Nursing Education Scholarship Law as provided

18 in item (4) of subsection (b) of this Section may not be

19 transferred under Section 8h of the State Finance Act.

20 (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;

21 96-328, eff. 8-11-09; 96-805, eff. 10-30-09.)

22 Section 5-60. The Illinois Public Aid Code is amended by

23 adding Section 5-5.4i as follows:

24 (305 ILCS 5/5-5.4i new)

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1 Sec. 5-5.4i. Rates and reimbursements. On or before July 1,

2 2018, the Department shall increase rates and reimbursements to

3 fund a minimum of a $0.50 per hour wage increase for front-line

4 personnel, including, but not limited to, direct support

5 persons, aides, front-line supervisors, qualified intellectual

6 disabilities professionals, nurses, and non-administrative

7 support staff working in community-based provider

8 organizations serving individuals with developmental

9 disabilities.

10 ARTICLE 10. RETIREMENT CONTRIBUTIONS

11 Section 10-5. The State Finance Act is amended by changing

12 Sections 8.12 and 14.1 as follows:

13 (30 ILCS 105/8.12) (from Ch. 127, par. 144.12)

14 Sec. 8.12. State Pensions Fund.

15 (a) The moneys in the State Pensions Fund shall be used

16 exclusively for the administration of the Uniform Disposition

17 of Unclaimed Property Act and for the expenses incurred by the

18 Auditor General for administering the provisions of Section

19 2-8.1 of the Illinois State Auditing Act and for the funding of

20 the unfunded liabilities of the designated retirement systems.

21 Beginning in State fiscal year 2019 ~~2018~~, payments to the

22 designated retirement systems under this Section shall be in

23 addition to, and not in lieu of, any State contributions

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1 required under the Illinois Pension Code.

2 "Designated retirement systems" means:

3 (1) the State Employees' Retirement System of

4 Illinois;

5 (2) the Teachers' Retirement System of the State of

6 Illinois;

7 (3) the State Universities Retirement System;

8 (4) the Judges Retirement System of Illinois; and

9 (5) the General Assembly Retirement System.

10 (b) Each year the General Assembly may make appropriations

11 from the State Pensions Fund for the administration of the

12 Uniform Disposition of Unclaimed Property Act.

13 Each month, the Commissioner of the Office of Banks and

14 Real Estate shall certify to the State Treasurer the actual

15 expenditures that the Office of Banks and Real Estate incurred

16 conducting unclaimed property examinations under the Uniform

17 Disposition of Unclaimed Property Act during the immediately

18 preceding month. Within a reasonable time following the

19 acceptance of such certification by the State Treasurer, the

20 State Treasurer shall pay from its appropriation from the State

21 Pensions Fund to the Bank and Trust Company Fund, the Savings

22 Bank Regulatory Fund, and the Residential Finance Regulatory

23 Fund an amount equal to the expenditures incurred by each Fund

24 for that month.

25 Each month, the Director of Financial Institutions shall

26 certify to the State Treasurer the actual expenditures that the

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1 Department of Financial Institutions incurred conducting

2 unclaimed property examinations under the Uniform Disposition

3 of Unclaimed Property Act during the immediately preceding

4 month. Within a reasonable time following the acceptance of

5 such certification by the State Treasurer, the State Treasurer

6 shall pay from its appropriation from the State Pensions Fund

7 to the Financial Institution Fund and the Credit Union Fund an

8 amount equal to the expenditures incurred by each Fund for that

9 month.

10 (c) As soon as possible after the effective date of this

11 amendatory Act of the 93rd General Assembly, the General

12 Assembly shall appropriate from the State Pensions Fund (1) to

13 the State Universities Retirement System the amount certified

14 under Section 15-165 during the prior year, (2) to the Judges

15 Retirement System of Illinois the amount certified under

16 Section 18-140 during the prior year, and (3) to the General

17 Assembly Retirement System the amount certified under Section

18 2-134 during the prior year as part of the required State

19 contributions to each of those designated retirement systems;

20 except that amounts appropriated under this subsection (c) in

21 State fiscal year 2005 shall not reduce the amount in the State

22 Pensions Fund below $5,000,000. If the amount in the State

23 Pensions Fund does not exceed the sum of the amounts certified

24 in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,

25 the amount paid to each designated retirement system under this

26 subsection shall be reduced in proportion to the amount

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1 certified by each of those designated retirement systems.

2 (c-5) For fiscal years 2006 through 2018 ~~2017~~, the General

3 Assembly shall appropriate from the State Pensions Fund to the

4 State Universities Retirement System the amount estimated to be

5 available during the fiscal year in the State Pensions Fund;

6 provided, however, that the amounts appropriated under this

7 subsection (c-5) shall not reduce the amount in the State

8 Pensions Fund below $5,000,000.

9 (c-6) For fiscal year 2019 ~~2018~~ and each fiscal year

10 thereafter, as soon as may be practical after any money is

11 deposited into the State Pensions Fund from the Unclaimed

12 Property Trust Fund, the State Treasurer shall apportion the

13 deposited amount among the designated retirement systems as

14 defined in subsection (a) to reduce their actuarial reserve

15 deficiencies. The State Comptroller and State Treasurer shall

16 pay the apportioned amounts to the designated retirement

17 systems to fund the unfunded liabilities of the designated

18 retirement systems. The amount apportioned to each designated

19 retirement system shall constitute a portion of the amount

20 estimated to be available for appropriation from the State

21 Pensions Fund that is the same as that retirement system's

22 portion of the total actual reserve deficiency of the systems,

23 as determined annually by the Governor's Office of Management

24 and Budget at the request of the State Treasurer. The amounts

25 apportioned under this subsection shall not reduce the amount

26 in the State Pensions Fund below $5,000,000.

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1 (d) The Governor's Office of Management and Budget shall

2 determine the individual and total reserve deficiencies of the

3 designated retirement systems. For this purpose, the

4 Governor's Office of Management and Budget shall utilize the

5 latest available audit and actuarial reports of each of the

6 retirement systems and the relevant reports and statistics of

7 the Public Employee Pension Fund Division of the Department of

8 Insurance.

9 (d-1) As soon as practicable after the effective date of

10 this amendatory Act of the 93rd General Assembly, the

11 Comptroller shall direct and the Treasurer shall transfer from

12 the State Pensions Fund to the General Revenue Fund, as funds

13 become available, a sum equal to the amounts that would have

14 been paid from the State Pensions Fund to the Teachers'

15 Retirement System of the State of Illinois, the State

16 Universities Retirement System, the Judges Retirement System

17 of Illinois, the General Assembly Retirement System, and the

18 State Employees' Retirement System of Illinois after the

19 effective date of this amendatory Act during the remainder of

20 fiscal year 2004 to the designated retirement systems from the

21 appropriations provided for in this Section if the transfers

22 provided in Section 6z-61 had not occurred. The transfers

23 described in this subsection (d-1) are to partially repay the

24 General Revenue Fund for the costs associated with the bonds

25 used to fund the moneys transferred to the designated

26 retirement systems under Section 6z-61.

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1 (e) The changes to this Section made by this amendatory Act

2 of 1994 shall first apply to distributions from the Fund for

3 State fiscal year 1996.

4 (Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;

5 98-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15;

6 99-78, eff. 7-20-15; 99-523, eff. 6-30-16.)

7 (30 ILCS 105/14.1) (from Ch. 127, par. 150.1)

8 Sec. 14.1. Appropriations for State contributions to the

9 State Employees' Retirement System; payroll requirements.

10 (a) Appropriations for State contributions to the State

11 Employees' Retirement System of Illinois shall be expended in

12 the manner provided in this Section. Except as otherwise

13 provided in subsections (a-1), (a-2), (a-3), and (a-4) at the

14 time of each payment of salary to an employee under the

15 personal services line item, payment shall be made to the State

16 Employees' Retirement System, from the amount appropriated for

17 State contributions to the State Employees' Retirement System,

18 of an amount calculated at the rate certified for the

19 applicable fiscal year by the Board of Trustees of the State

20 Employees' Retirement System under Section 14-135.08 of the

21 Illinois Pension Code. If a line item appropriation to an

22 employer for this purpose is exhausted or is unavailable due to

23 any limitation on appropriations that may apply, (including,

24 but not limited to, limitations on appropriations from the Road

25 Fund under Section 8.3 of the State Finance Act), the amounts

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1 shall be paid under the continuing appropriation for this

2 purpose contained in the State Pension Funds Continuing

3 Appropriation Act.

4 (a-1) Beginning on the effective date of this amendatory

5 Act of the 93rd General Assembly through the payment of the

6 final payroll from fiscal year 2004 appropriations,

7 appropriations for State contributions to the State Employees'

8 Retirement System of Illinois shall be expended in the manner

9 provided in this subsection (a-1). At the time of each payment

10 of salary to an employee under the personal services line item

11 from a fund other than the General Revenue Fund, payment shall

12 be made for deposit into the General Revenue Fund from the

13 amount appropriated for State contributions to the State

14 Employees' Retirement System of an amount calculated at the

15 rate certified for fiscal year 2004 by the Board of Trustees of

16 the State Employees' Retirement System under Section 14-135.08

17 of the Illinois Pension Code. This payment shall be made to the

18 extent that a line item appropriation to an employer for this

19 purpose is available or unexhausted. No payment from

20 appropriations for State contributions shall be made in

21 conjunction with payment of salary to an employee under the

22 personal services line item from the General Revenue Fund.

23 (a-2) For fiscal year 2010 only, at the time of each

24 payment of salary to an employee under the personal services

25 line item from a fund other than the General Revenue Fund,

26 payment shall be made for deposit into the State Employees'

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1 Retirement System of Illinois from the amount appropriated for

2 State contributions to the State Employees' Retirement System

3 of Illinois of an amount calculated at the rate certified for

4 fiscal year 2010 by the Board of Trustees of the State

5 Employees' Retirement System of Illinois under Section

6 14-135.08 of the Illinois Pension Code. This payment shall be

7 made to the extent that a line item appropriation to an

8 employer for this purpose is available or unexhausted. For

9 fiscal year 2010 only, no payment from appropriations for State

10 contributions shall be made in conjunction with payment of

11 salary to an employee under the personal services line item

12 from the General Revenue Fund.

13 (a-3) For fiscal year 2011 only, at the time of each

14 payment of salary to an employee under the personal services

15 line item from a fund other than the General Revenue Fund,

16 payment shall be made for deposit into the State Employees'

17 Retirement System of Illinois from the amount appropriated for

18 State contributions to the State Employees' Retirement System

19 of Illinois of an amount calculated at the rate certified for

20 fiscal year 2011 by the Board of Trustees of the State

21 Employees' Retirement System of Illinois under Section

22 14-135.08 of the Illinois Pension Code. This payment shall be

23 made to the extent that a line item appropriation to an

24 employer for this purpose is available or unexhausted. For

25 fiscal year 2011 only, no payment from appropriations for State

26 contributions shall be made in conjunction with payment of

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1 salary to an employee under the personal services line item

2 from the General Revenue Fund.

3 (a-4) In fiscal years 2012 through 2018 ~~2017~~ only, at the

4 time of each payment of salary to an employee under the

5 personal services line item from a fund other than the General

6 Revenue Fund, payment shall be made for deposit into the State

7 Employees' Retirement System of Illinois from the amount

8 appropriated for State contributions to the State Employees'

9 Retirement System of Illinois of an amount calculated at the

10 rate certified for the applicable fiscal year by the Board of

11 Trustees of the State Employees' Retirement System of Illinois

12 under Section 14-135.08 of the Illinois Pension Code. In fiscal

13 years 2012 through 2018 ~~2017~~ only, no payment from

14 appropriations for State contributions shall be made in

15 conjunction with payment of salary to an employee under the

16 personal services line item from the General Revenue Fund.

17 (b) Except during the period beginning on the effective

18 date of this amendatory Act of the 93rd General Assembly and

19 ending at the time of the payment of the final payroll from

20 fiscal year 2004 appropriations, the State Comptroller shall

21 not approve for payment any payroll voucher that (1) includes

22 payments of salary to eligible employees in the State

23 Employees' Retirement System of Illinois and (2) does not

24 include the corresponding payment of State contributions to

25 that retirement system at the full rate certified under Section

26 14-135.08 for that fiscal year for eligible employees, unless

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1 the balance in the fund on which the payroll voucher is drawn

2 is insufficient to pay the total payroll voucher, or

3 unavailable due to any limitation on appropriations that may

4 apply, including, but not limited to, limitations on

5 appropriations from the Road Fund under Section 8.3 of the

6 State Finance Act. If the State Comptroller approves a payroll

7 voucher under this Section for which the fund balance is

8 insufficient to pay the full amount of the required State

9 contribution to the State Employees' Retirement System, the

10 Comptroller shall promptly so notify the Retirement System.

11 (b-1) For fiscal year 2010 and fiscal year 2011 only, the

12 State Comptroller shall not approve for payment any non-General

13 Revenue Fund payroll voucher that (1) includes payments of

14 salary to eligible employees in the State Employees' Retirement

15 System of Illinois and (2) does not include the corresponding

16 payment of State contributions to that retirement system at the

17 full rate certified under Section 14-135.08 for that fiscal

18 year for eligible employees, unless the balance in the fund on

19 which the payroll voucher is drawn is insufficient to pay the

20 total payroll voucher, or unavailable due to any limitation on

21 appropriations that may apply, including, but not limited to,

22 limitations on appropriations from the Road Fund under Section

23 8.3 of the State Finance Act. If the State Comptroller approves

24 a payroll voucher under this Section for which the fund balance

25 is insufficient to pay the full amount of the required State

26 contribution to the State Employees' Retirement System of

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1 Illinois, the Comptroller shall promptly so notify the

2 retirement system.

3 (c) Notwithstanding any other provisions of law, beginning

4 July 1, 2007, required State and employee contributions to the

5 State Employees' Retirement System of Illinois relating to

6 affected legislative staff employees shall be paid out of

7 moneys appropriated for that purpose to the Commission on

8 Government Forecasting and Accountability, rather than out of

9 the lump-sum appropriations otherwise made for the payroll and

10 other costs of those employees.

11 These payments must be made pursuant to payroll vouchers

12 submitted by the employing entity as part of the regular

13 payroll voucher process.

14 For the purpose of this subsection, "affected legislative

15 staff employees" means legislative staff employees paid out of

16 lump-sum appropriations made to the General Assembly, an

17 Officer of the General Assembly, or the Senate Operations

18 Commission, but does not include district-office staff or

19 employees of legislative support services agencies.

20 (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,

21 eff. 7-9-15; 99-523, eff. 6-30-16.)

22 Section 10-10. The Illinois Pension Code is amended by

23 changing Section 14-131 as follows:

24 (40 ILCS 5/14-131)

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1 Sec. 14-131. Contributions by State.

2 (a) The State shall make contributions to the System by

3 appropriations of amounts which, together with other employer

4 contributions from trust, federal, and other funds, employee

5 contributions, investment income, and other income, will be

6 sufficient to meet the cost of maintaining and administering

7 the System on a 90% funded basis in accordance with actuarial

8 recommendations.

9 For the purposes of this Section and Section 14-135.08,

10 references to State contributions refer only to employer

11 contributions and do not include employee contributions that

12 are picked up or otherwise paid by the State or a department on

13 behalf of the employee.

14 (b) The Board shall determine the total amount of State

15 contributions required for each fiscal year on the basis of the

16 actuarial tables and other assumptions adopted by the Board,

17 using the formula in subsection (e).

18 The Board shall also determine a State contribution rate

19 for each fiscal year, expressed as a percentage of payroll,

20 based on the total required State contribution for that fiscal

21 year (less the amount received by the System from

22 appropriations under Section 8.12 of the State Finance Act and

23 Section 1 of the State Pension Funds Continuing Appropriation

24 Act, if any, for the fiscal year ending on the June 30

25 immediately preceding the applicable November 15 certification

26 deadline), the estimated payroll (including all forms of

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1 compensation) for personal services rendered by eligible

2 employees, and the recommendations of the actuary.

3 For the purposes of this Section and Section 14.1 of the

4 State Finance Act, the term "eligible employees" includes

5 employees who participate in the System, persons who may elect

6 to participate in the System but have not so elected, persons

7 who are serving a qualifying period that is required for

8 participation, and annuitants employed by a department as

9 described in subdivision (a)(1) or (a)(2) of Section 14-111.

10 (c) Contributions shall be made by the several departments

11 for each pay period by warrants drawn by the State Comptroller

12 against their respective funds or appropriations based upon

13 vouchers stating the amount to be so contributed. These amounts

14 shall be based on the full rate certified by the Board under

15 Section 14-135.08 for that fiscal year. From the effective date

16 of this amendatory Act of the 93rd General Assembly through the

17 payment of the final payroll from fiscal year 2004

18 appropriations, the several departments shall not make

19 contributions for the remainder of fiscal year 2004 but shall

20 instead make payments as required under subsection (a-1) of

21 Section 14.1 of the State Finance Act. The several departments

22 shall resume those contributions at the commencement of fiscal

23 year 2005.

24 (c-1) Notwithstanding subsection (c) of this Section, for

25 fiscal years 2010, 2012, 2013, 2014, 2015, 2016, ~~and~~ 2017, and

26 2018 only, contributions by the several departments are not

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1 required to be made for General Revenue Funds payrolls

2 processed by the Comptroller. Payrolls paid by the several

3 departments from all other State funds must continue to be

4 processed pursuant to subsection (c) of this Section.

5 (c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,

6 2016, ~~and~~ 2017, and 2018 only, on or as soon as possible after

7 the 15th day of each month, the Board shall submit vouchers for

8 payment of State contributions to the System, in a total

9 monthly amount of one-twelfth of the fiscal year General

10 Revenue Fund contribution as certified by the System pursuant

11 to Section 14-135.08 of the Illinois Pension Code.

12 (d) If an employee is paid from trust funds or federal

13 funds, the department or other employer shall pay employer

14 contributions from those funds to the System at the certified

15 rate, unless the terms of the trust or the federal-State

16 agreement preclude the use of the funds for that purpose, in

17 which case the required employer contributions shall be paid by

18 the State. From the effective date of this amendatory Act of

19 the 93rd General Assembly through the payment of the final

20 payroll from fiscal year 2004 appropriations, the department or

21 other employer shall not pay contributions for the remainder of

22 fiscal year 2004 but shall instead make payments as required

23 under subsection (a-1) of Section 14.1 of the State Finance

24 Act. The department or other employer shall resume payment of

25 contributions at the commencement of fiscal year 2005.

26 (e) For State fiscal years 2012 through 2045, the minimum

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1 contribution to the System to be made by the State for each

2 fiscal year shall be an amount determined by the System to be

3 sufficient to bring the total assets of the System up to 90% of

4 the total actuarial liabilities of the System by the end of

5 State fiscal year 2045. In making these determinations, the

6 required State contribution shall be calculated each year as a

7 level percentage of payroll over the years remaining to and

8 including fiscal year 2045 and shall be determined under the

9 projected unit credit actuarial cost method.

10 For State fiscal years 1996 through 2005, the State

11 contribution to the System, as a percentage of the applicable

12 employee payroll, shall be increased in equal annual increments

13 so that by State fiscal year 2011, the State is contributing at

14 the rate required under this Section; except that (i) for State

15 fiscal year 1998, for all purposes of this Code and any other

16 law of this State, the certified percentage of the applicable

17 employee payroll shall be 5.052% for employees earning eligible

18 creditable service under Section 14-110 and 6.500% for all

19 other employees, notwithstanding any contrary certification

20 made under Section 14-135.08 before the effective date of this

21 amendatory Act of 1997, and (ii) in the following specified

22 State fiscal years, the State contribution to the System shall

23 not be less than the following indicated percentages of the

24 applicable employee payroll, even if the indicated percentage

25 will produce a State contribution in excess of the amount

26 otherwise required under this subsection and subsection (a):

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1 9.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY

2 2002; 10.6% in FY 2003; and 10.8% in FY 2004.

3 Notwithstanding any other provision of this Article, the

4 total required State contribution to the System for State

5 fiscal year 2006 is $203,783,900.

6 Notwithstanding any other provision of this Article, the

7 total required State contribution to the System for State

8 fiscal year 2007 is $344,164,400.

9 For each of State fiscal years 2008 through 2009, the State

10 contribution to the System, as a percentage of the applicable

11 employee payroll, shall be increased in equal annual increments

12 from the required State contribution for State fiscal year

13 2007, so that by State fiscal year 2011, the State is

14 contributing at the rate otherwise required under this Section.

15 Notwithstanding any other provision of this Article, the

16 total required State General Revenue Fund contribution for

17 State fiscal year 2010 is $723,703,100 and shall be made from

18 the proceeds of bonds sold in fiscal year 2010 pursuant to

19 Section 7.2 of the General Obligation Bond Act, less (i) the

20 pro rata share of bond sale expenses determined by the System's

21 share of total bond proceeds, (ii) any amounts received from

22 the General Revenue Fund in fiscal year 2010, and (iii) any

23 reduction in bond proceeds due to the issuance of discounted

24 bonds, if applicable.

25 Notwithstanding any other provision of this Article, the

26 total required State General Revenue Fund contribution for

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1 State fiscal year 2011 is the amount recertified by the System

2 on or before April 1, 2011 pursuant to Section 14-135.08 and

3 shall be made from the proceeds of bonds sold in fiscal year

4 2011 pursuant to Section 7.2 of the General Obligation Bond

5 Act, less (i) the pro rata share of bond sale expenses

6 determined by the System's share of total bond proceeds, (ii)

7 any amounts received from the General Revenue Fund in fiscal

8 year 2011, and (iii) any reduction in bond proceeds due to the

9 issuance of discounted bonds, if applicable.

10 Beginning in State fiscal year 2046, the minimum State

11 contribution for each fiscal year shall be the amount needed to

12 maintain the total assets of the System at 90% of the total

13 actuarial liabilities of the System.

14 Amounts received by the System pursuant to Section 25 of

15 the Budget Stabilization Act or Section 8.12 of the State

16 Finance Act in any fiscal year do not reduce and do not

17 constitute payment of any portion of the minimum State

18 contribution required under this Article in that fiscal year.

19 Such amounts shall not reduce, and shall not be included in the

20 calculation of, the required State contributions under this

21 Article in any future year until the System has reached a

22 funding ratio of at least 90%. A reference in this Article to

23 the "required State contribution" or any substantially similar

24 term does not include or apply to any amounts payable to the

25 System under Section 25 of the Budget Stabilization Act.

26 Notwithstanding any other provision of this Section, the

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1 required State contribution for State fiscal year 2005 and for

2 fiscal year 2008 and each fiscal year thereafter, as calculated

3 under this Section and certified under Section 14-135.08, shall

4 not exceed an amount equal to (i) the amount of the required

5 State contribution that would have been calculated under this

6 Section for that fiscal year if the System had not received any

7 payments under subsection (d) of Section 7.2 of the General

8 Obligation Bond Act, minus (ii) the portion of the State's

9 total debt service payments for that fiscal year on the bonds

10 issued in fiscal year 2003 for the purposes of that Section

11 7.2, as determined and certified by the Comptroller, that is

12 the same as the System's portion of the total moneys

13 distributed under subsection (d) of Section 7.2 of the General

14 Obligation Bond Act. In determining this maximum for State

15 fiscal years 2008 through 2010, however, the amount referred to

16 in item (i) shall be increased, as a percentage of the

17 applicable employee payroll, in equal increments calculated

18 from the sum of the required State contribution for State

19 fiscal year 2007 plus the applicable portion of the State's

20 total debt service payments for fiscal year 2007 on the bonds

21 issued in fiscal year 2003 for the purposes of Section 7.2 of

22 the General Obligation Bond Act, so that, by State fiscal year

23 2011, the State is contributing at the rate otherwise required

24 under this Section.

25 (f) After the submission of all payments for eligible

26 employees from personal services line items in fiscal year 2004

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1 have been made, the Comptroller shall provide to the System a

2 certification of the sum of all fiscal year 2004 expenditures

3 for personal services that would have been covered by payments

4 to the System under this Section if the provisions of this

5 amendatory Act of the 93rd General Assembly had not been

6 enacted. Upon receipt of the certification, the System shall

7 determine the amount due to the System based on the full rate

8 certified by the Board under Section 14-135.08 for fiscal year

9 2004 in order to meet the State's obligation under this

10 Section. The System shall compare this amount due to the amount

11 received by the System in fiscal year 2004 through payments

12 under this Section and under Section 6z-61 of the State Finance

13 Act. If the amount due is more than the amount received, the

14 difference shall be termed the "Fiscal Year 2004 Shortfall" for

15 purposes of this Section, and the Fiscal Year 2004 Shortfall

16 shall be satisfied under Section 1.2 of the State Pension Funds

17 Continuing Appropriation Act. If the amount due is less than

18 the amount received, the difference shall be termed the "Fiscal

19 Year 2004 Overpayment" for purposes of this Section, and the

20 Fiscal Year 2004 Overpayment shall be repaid by the System to

21 the Pension Contribution Fund as soon as practicable after the

22 certification.

23 (g) For purposes of determining the required State

24 contribution to the System, the value of the System's assets

25 shall be equal to the actuarial value of the System's assets,

26 which shall be calculated as follows:

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1 As of June 30, 2008, the actuarial value of the System's

2 assets shall be equal to the market value of the assets as of

3 that date. In determining the actuarial value of the System's

4 assets for fiscal years after June 30, 2008, any actuarial

5 gains or losses from investment return incurred in a fiscal

6 year shall be recognized in equal annual amounts over the

7 5-year period following that fiscal year.

8 (h) For purposes of determining the required State

9 contribution to the System for a particular year, the actuarial

10 value of assets shall be assumed to earn a rate of return equal

11 to the System's actuarially assumed rate of return.

12 (i) After the submission of all payments for eligible

13 employees from personal services line items paid from the

14 General Revenue Fund in fiscal year 2010 have been made, the

15 Comptroller shall provide to the System a certification of the

16 sum of all fiscal year 2010 expenditures for personal services

17 that would have been covered by payments to the System under

18 this Section if the provisions of this amendatory Act of the

19 96th General Assembly had not been enacted. Upon receipt of the

20 certification, the System shall determine the amount due to the

21 System based on the full rate certified by the Board under

22 Section 14-135.08 for fiscal year 2010 in order to meet the

23 State's obligation under this Section. The System shall compare

24 this amount due to the amount received by the System in fiscal

25 year 2010 through payments under this Section. If the amount

26 due is more than the amount received, the difference shall be

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1 termed the "Fiscal Year 2010 Shortfall" for purposes of this

2 Section, and the Fiscal Year 2010 Shortfall shall be satisfied

3 under Section 1.2 of the State Pension Funds Continuing

4 Appropriation Act. If the amount due is less than the amount

5 received, the difference shall be termed the "Fiscal Year 2010

6 Overpayment" for purposes of this Section, and the Fiscal Year

7 2010 Overpayment shall be repaid by the System to the General

8 Revenue Fund as soon as practicable after the certification.

9 (j) After the submission of all payments for eligible

10 employees from personal services line items paid from the

11 General Revenue Fund in fiscal year 2011 have been made, the

12 Comptroller shall provide to the System a certification of the

13 sum of all fiscal year 2011 expenditures for personal services

14 that would have been covered by payments to the System under

15 this Section if the provisions of this amendatory Act of the

16 96th General Assembly had not been enacted. Upon receipt of the

17 certification, the System shall determine the amount due to the

18 System based on the full rate certified by the Board under

19 Section 14-135.08 for fiscal year 2011 in order to meet the

20 State's obligation under this Section. The System shall compare

21 this amount due to the amount received by the System in fiscal

22 year 2011 through payments under this Section. If the amount

23 due is more than the amount received, the difference shall be

24 termed the "Fiscal Year 2011 Shortfall" for purposes of this

25 Section, and the Fiscal Year 2011 Shortfall shall be satisfied

26 under Section 1.2 of the State Pension Funds Continuing

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1 Appropriation Act. If the amount due is less than the amount

2 received, the difference shall be termed the "Fiscal Year 2011

3 Overpayment" for purposes of this Section, and the Fiscal Year

4 2011 Overpayment shall be repaid by the System to the General

5 Revenue Fund as soon as practicable after the certification.

6 (k) For fiscal years 2012 through 2018 ~~2017~~ only, after the

7 submission of all payments for eligible employees from personal

8 services line items paid from the General Revenue Fund in the

9 fiscal year have been made, the Comptroller shall provide to

10 the System a certification of the sum of all expenditures in

11 the fiscal year for personal services. Upon receipt of the

12 certification, the System shall determine the amount due to the

13 System based on the full rate certified by the Board under

14 Section 14-135.08 for the fiscal year in order to meet the

15 State's obligation under this Section. The System shall compare

16 this amount due to the amount received by the System for the

17 fiscal year. If the amount due is more than the amount

18 received, the difference shall be termed the "Prior Fiscal Year

19 Shortfall" for purposes of this Section, and the Prior Fiscal

20 Year Shortfall shall be satisfied under Section 1.2 of the

21 State Pension Funds Continuing Appropriation Act. If the amount

22 due is less than the amount received, the difference shall be

23 termed the "Prior Fiscal Year Overpayment" for purposes of this

24 Section, and the Prior Fiscal Year Overpayment shall be repaid

25 by the System to the General Revenue Fund as soon as

26 practicable after the certification.

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1 (Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,

2 eff. 7-9-15; 99-523, eff. 6-30-16.)

3 Section 10-15. The State Pension Funds Continuing

4 Appropriation Act is amended by changing Section 1.2 as

5 follows:

6 (40 ILCS 15/1.2)

7 Sec. 1.2. Appropriations for the State Employees'

8 Retirement System.

9 (a) From each fund from which an amount is appropriated for

10 personal services to a department or other employer under

11 Article 14 of the Illinois Pension Code, there is hereby

12 appropriated to that department or other employer, on a

13 continuing annual basis for each State fiscal year, an

14 additional amount equal to the amount, if any, by which (1) an

15 amount equal to the percentage of the personal services line

16 item for that department or employer from that fund for that

17 fiscal year that the Board of Trustees of the State Employees'

18 Retirement System of Illinois has certified under Section

19 14-135.08 of the Illinois Pension Code to be necessary to meet

20 the State's obligation under Section 14-131 of the Illinois

21 Pension Code for that fiscal year, exceeds (2) the amounts

22 otherwise appropriated to that department or employer from that

23 fund for State contributions to the State Employees' Retirement

24 System for that fiscal year. From the effective date of this

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1 amendatory Act of the 93rd General Assembly through the final

2 payment from a department or employer's personal services line

3 item for fiscal year 2004, payments to the State Employees'

4 Retirement System that otherwise would have been made under

5 this subsection (a) shall be governed by the provisions in

6 subsection (a-1).

7 (a-1) If a Fiscal Year 2004 Shortfall is certified under

8 subsection (f) of Section 14-131 of the Illinois Pension Code,

9 there is hereby appropriated to the State Employees' Retirement

10 System of Illinois on a continuing basis from the General

11 Revenue Fund an additional aggregate amount equal to the Fiscal

12 Year 2004 Shortfall.

13 (a-2) If a Fiscal Year 2010 Shortfall is certified under

14 subsection (i) of Section 14-131 of the Illinois Pension Code,

15 there is hereby appropriated to the State Employees' Retirement

16 System of Illinois on a continuing basis from the General

17 Revenue Fund an additional aggregate amount equal to the Fiscal

18 Year 2010 Shortfall.

19 (a-3) If a Fiscal Year 2016 Shortfall is certified under

20 subsection (k) of Section 14-131 of the Illinois Pension Code,

21 there is hereby appropriated to the State Employees' Retirement

22 System of Illinois on a continuing basis from the General

23 Revenue Fund an additional aggregate amount equal to the Fiscal

24 Year 2016 Shortfall.

25 (a-4) If a Prior Fiscal Year Shortfall is certified under

26 subsection (k) of Section 14-131 of the Illinois Pension Code,

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1 there is hereby appropriated to the State Employees' Retirement

2 System of Illinois on a continuing basis from the General

3 Revenue Fund an additional aggregate amount equal to the Fiscal

4 Year 2017 Shortfall.

5 (b) The continuing appropriations provided for by this

6 Section shall first be available in State fiscal year 1996.

7 (c) Beginning in Fiscal Year 2005, any continuing

8 appropriation under this Section arising out of an

9 appropriation for personal services from the Road Fund to the

10 Department of State Police or the Secretary of State shall be

11 payable from the General Revenue Fund rather than the Road

12 Fund.

13 (d) For State fiscal year 2010 only, a continuing

14 appropriation is provided to the State Employees' Retirement

15 System equal to the amount certified by the System on or before

16 December 31, 2008, less the gross proceeds of the bonds sold in

17 fiscal year 2010 under the authorization contained in

18 subsection (a) of Section 7.2 of the General Obligation Bond

19 Act.

20 (e) For State fiscal year 2011 only, the continuing

21 appropriation under this Section provided to the State

22 Employees' Retirement System is limited to an amount equal to

23 the amount certified by the System on or before December 31,

24 2009, less any amounts received pursuant to subsection (a-3) of

25 Section 14.1 of the State Finance Act.

26 (f) For State fiscal year 2011 only, a continuing

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1 appropriation is provided to the State Employees' Retirement

2 System equal to the amount certified by the System on or before

3 April 1, 2011, less the gross proceeds of the bonds sold in

4 fiscal year 2011 under the authorization contained in

5 subsection (a) of Section 7.2 of the General Obligation Bond

6 Act.

7 (Source: P.A. 98-674, eff. 6-30-14; 99-523, eff. 6-30-16.)

8 Section 10-20. The Uniform Disposition of Unclaimed

9 Property Act is amended by changing Section 18 as follows:

10 (765 ILCS 1025/18) (from Ch. 141, par. 118)

11 Sec. 18. Deposit of funds received under the Act.

12 (a) The State Treasurer shall retain all funds received

13 under this Act, including the proceeds from the sale of

14 abandoned property under Section 17, in a trust fund known as

15 the Unclaimed Property Trust Fund. The State Treasurer may

16 deposit any amount in the Unclaimed Property Trust Fund into

17 the State Pensions Fund during the fiscal year at his or her

18 discretion; however, he or she shall, on April 15 and October

19 15 of each year, deposit any amount in the Unclaimed Property

20 Trust Fund exceeding $2,500,000 into the State Pensions Fund.

21 If on either April 15 or October 15, the State Treasurer

22 determines that a balance of $2,500,000 is insufficient for the

23 prompt payment of unclaimed property claims authorized under

24 this Act, the Treasurer may retain more than $2,500,000 in the

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1 Unclaimed Property Trust Fund in order to ensure the prompt

2 payment of claims. Beginning in State fiscal year 2019 ~~2018~~,

3 all amounts that are deposited into the State Pensions Fund

4 from the Unclaimed Property Trust Fund shall be apportioned to

5 the designated retirement systems as provided in subsection

6 (c-6) of Section 8.12 of the State Finance Act to reduce their

7 actuarial reserve deficiencies. He or she shall make prompt

8 payment of claims he or she duly allows as provided for in this

9 Act for the Unclaimed Property Trust Fund. Before making the

10 deposit the State Treasurer shall record the name and last

11 known address of each person appearing from the holders'

12 reports to be entitled to the abandoned property. The record

13 shall be available for public inspection during reasonable

14 business hours.

15 (b) Before making any deposit to the credit of the State

16 Pensions Fund, the State Treasurer may deduct: (1) any costs in

17 connection with sale of abandoned property, (2) any costs of

18 mailing and publication in connection with any abandoned

19 property, and (3) any costs in connection with the maintenance

20 of records or disposition of claims made pursuant to this Act.

21 The State Treasurer shall semiannually file an itemized report

22 of all such expenses with the Legislative Audit Commission.

23 (Source: P.A. 98-19, eff. 6-10-13; 98-24, eff. 6-19-13; 98-674,

24 eff. 6-30-14; 98-756, eff. 7-16-14; 99-8, eff. 7-9-15; 99-523,

25 eff. 6-30-16.)

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1 ARTICLE 20. TECHNOLOGY MANAGEMENT

2 Section 20-5. The Department of Central Management

3 Services Law of the Civil Administrative Code of Illinois is

4 amended by changing Sections 405-20, 405-250, and 405-410 as

5 follows:

6 (20 ILCS 405/405-20) (was 20 ILCS 405/35.7)

7 Sec. 405-20. Fiscal policy information to Governor;

8 information technology ~~statistical research~~planning.

9 (a) The Department shall be responsible for providing the

10 Governor with timely, comprehensive, and meaningful

11 information pertinent to the formulation and execution of

12 fiscal policy. In performing this responsibility the

13 Department shall have the power and duty to do the following:

14 (1) Control the procurement, retention, installation,

15 maintenance, and operation, as specified by the Director,

16 of information technology ~~electronic data processing~~

17 equipment and software used by State agencies in such a

18 manner as to achieve maximum economy and provide adequate

19 assistance in the development of information suitable for

20 management analysis.

21 (2) Establish principles and standards of information

22 technology ~~statistical~~reporting by State agencies and

23 priorities for completion of research by those agencies in

24 accordance with the requirements for management analysis

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1 as specified by the Director.

2 (3) Establish, through the Director, charges for

3 information technology~~statistical~~services requested by

4 State agencies and rendered by the Department. The

5 Department is likewise empowered through the Director to

6 establish prices or charges for information technology

7 services rendered by the Department for ~~all statistical~~

8 ~~reports purchased by~~agencies and individuals not

9 connected with State government.

10 (4) Instruct all State agencies as the Director may

11 require to report regularly to the Department, in the

12 manner the Director may prescribe, their usage of

13 information technology ~~electronic information~~ devices and

14 services, the cost incurred, the information produced, and

15 the procedures followed in obtaining the information. All

16 State agencies shall request of the Director any

17 information technology resources ~~statistical services~~

18 requiring the use of electronic devices and shall conform

19 to the priorities assigned by the Director in using those

20 electronic devices.

21 (5) Examine the accounts, use of information

22 technology resources,and statistical data of any

23 organization, body, or agency receiving appropriations

24 from the General Assembly.

25 (6) Install and operate a modern information system

26 utilizing equipment adequate to satisfy the requirements

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1 for analysis and review as specified by the Director.

2 Expenditures for information technology ~~statistical~~

3 services rendered shall be reimbursed by the recipients.

4 The reimbursement shall be determined by the Director as

5 amounts sufficient to reimburse theTechnology Management

6 ~~Statistical Services~~Revolving Fund for expenditures

7 incurred in rendering the services.

8 (b) In addition to the other powers and duties listed in

9 this Section, the Department shall analyze the present and

10 future aims, needs, and requirements ofinformation technology

11 ~~statistical research~~and planning in order to provide for the

12 formulation of overall policy relative to the use of electronic

13 data processing equipmentand software by the State of

14 Illinois. In making this analysis, the Department under the

15 Director shall formulate a master plan for the use of

16 information technology~~statistical research~~, utilizing

17 electronic equipment, software and servicesmost

18 advantageously, and advising whether electronic data

19 processing equipmentand software should be leased or purchased

20 by the State. The Department under the Director shall prepare

21 and submit interim reports of meaningful developments and

22 proposals for legislation to the Governor on or before January

23 30 each year. The Department under the Director shall engage in

24 a continuing analysis and evaluation of the master plan so

25 developed, and it shall be the responsibility of the Department

26 to recommend from time to time any needed amendments and

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1 modifications of any master plan enacted by the General

2 Assembly.

3 (c) For the purposes of this Section, Section 405-245, and

4 paragraph (4) of Section 405-10 only, "State agencies" means

5 all departments, boards, commissions, and agencies of the State

6 of Illinois subject to the Governor.

7 (Source: P.A. 94-91, eff. 7-1-05.)

8 (20 ILCS 405/405-250) (was 20 ILCS 405/35.7a)

9 Sec. 405-250. Information technology ~~Statistical services~~;

10 use of information technology ~~electronic data processing~~

11 equipment and software. The Department may make information

12 technology resources ~~statistical services~~and the use of

13 information technology~~electronic data processing~~ equipment

14 and software, including necessary telecommunications lines and

15 equipment, available to local governments, elected State

16 officials, State educational institutions, and all other

17 governmental units of the State requesting them. The Director

18 is empowered to establish prices and charges for the

19 information technology resources ~~statistical services~~ so

20 furnished and for the use of the information technology

21 ~~electronic data processing~~ equipment and software and

22 necessary telecommunications lines and equipment. The prices

23 and charges shall be sufficient to reimburse the cost of

24 furnishing the services and use of equipment, software, and

25 lines.

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1 (Source: P.A. 91-239, eff. 1-1-00.)

2 (20 ILCS 405/405-410)

3 Sec. 405-410. Transfer of Information Technology

4 functions.

5 (a) Notwithstanding any other law to the contrary, the

6 Director of Central Management Services, working in

7 cooperation with the Director of any other agency, department,

8 board, or commission directly responsible to the Governor, may

9 direct the transfer, to the Department of Central Management

10 Services, of those information technology functions at that

11 agency, department, board, or commission that are suitable for

12 centralization.

13 Upon receipt of the written direction to transfer

14 information technology functions to the Department of Central

15 Management Services, the personnel, equipment, and property

16 (both real and personal) directly relating to the transferred

17 functions shall be transferred to the Department of Central

18 Management Services, and the relevant documents, records, and

19 correspondence shall be transferred or copied, as the Director

20 may prescribe.

21 (b) Upon receiving written direction from the Director of

22 Central Management Services, the Comptroller and Treasurer are

23 authorized to transfer the unexpended balance of any

24 appropriations related to the information technology functions

25 transferred to the Department of Central Management Services

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1 and shall make the necessary fund transfers from any special

2 fund in the State Treasury or from any other federal or State

3 trust fund held by the Treasurer to the General Revenue Fundor

4 ~~,~~ the Technology Management ~~Statistical Services~~ Revolving

5 Fund~~, or the Communications Revolving Fund~~, as designated by

6 the Director of Central Management Services, for use by the

7 Department of Central Management Services in support of

8 information technology functions or any other related costs or

9 expenses of the Department of Central Management Services.

10 (c) The rights of employees and the State and its agencies

11 under the Personnel Code and applicable collective bargaining

12 agreements or under any pension, retirement, or annuity plan

13 shall not be affected by any transfer under this Section.

14 (d) The functions transferred to the Department of Central

15 Management Services by this Section shall be vested in and

16 shall be exercised by the Department of Central Management

17 Services. Each act done in the exercise of those functions

18 shall have the same legal effect as if done by the agencies,

19 offices, divisions, departments, bureaus, boards and

20 commissions from which they were transferred.

21 Every person or other entity shall be subject to the same

22 obligations and duties and any penalties, civil or criminal,

23 arising therefrom, and shall have the same rights arising from

24 the exercise of such rights, powers, and duties as had been

25 exercised by the agencies, offices, divisions, departments,

26 bureaus, boards, and commissions from which they were

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1 transferred.

2 Whenever reports or notices are now required to be made or

3 given or papers or documents furnished or served by any person

4 in regards to the functions transferred to or upon the

5 agencies, offices, divisions, departments, bureaus, boards,

6 and commissions from which the functions were transferred, the

7 same shall be made, given, furnished or served in the same

8 manner to or upon the Department of Central Management

9 Services.

10 This Section does not affect any act done, ratified, or

11 cancelled or any right occurring or established or any action

12 or proceeding had or commenced in an administrative, civil, or

13 criminal cause regarding the functions transferred, but those

14 proceedings may be continued by the Department of Central

15 Management Services.

16 This Section does not affect the legality of any rules in

17 the Illinois Administrative Code regarding the functions

18 transferred in this Section that are in force on the effective

19 date of this Section. If necessary, however, the affected

20 agencies shall propose, adopt, or repeal rules, rule

21 amendments, and rule recodifications as appropriate to

22 effectuate this Section.

23 (Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04;

24 93-1067, eff. 1-15-05.)

25 Section 20-10. The State Finance Act is amended by changing

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1 Sections 5.12, 5.55, 6p-1, 6p-2, 6z-34, and 8.16a as follows:

2 (30 ILCS 105/5.12) (from Ch. 127, par. 141.12)

3 Sec. 5.12. The Communications Revolving Fund. This Section

4 is repealed on December 31, 2017.

5 (Source: Laws 1919, p. 946.)

6 (30 ILCS 105/5.55) (from Ch. 127, par. 141.55)

7 Sec. 5.55. The Technology Management ~~Statistical Services~~

8 Revolving Fund.

9 (Source: Laws 1919, p. 946.)

10 (30 ILCS 105/6p-1) (from Ch. 127, par. 142p1)

11 Sec. 6p-1. The Technology Management Revolving Fund

12 (formerly known as the Statistical Services Revolving Fund)

13 shall be initially financed by a transfer of funds from the

14 General Revenue Fund. Thereafter, all fees and other monies

15 received by the Department of Central Management Services in

16 payment for statistical services rendered pursuant to Section

17 405-20 of the Department of Central Management Services Law (20

18 ILCS 405/405-20) shall be paid into theTechnology Management

19 ~~Statistical Services~~ Revolving Fund. On and after July 1, 2017,

20 or after sufficient moneys have been received in the

21 Communications Revolving Fund to pay all Fiscal Year 2017

22 obligations payable from the Fund, whichever is later, all fees

23 and other moneys received by the Department of Central

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1 Management Services in payment for communications services

2 rendered pursuant to the Department of Central Management

3 Services Law of the Civil Administrative Code of Illinois or

4 sale of surplus State communications equipment shall be paid

5 into the Technology Management Revolving Fund. The money in

6 this fund shall be used by the Department of Central Management

7 Services as reimbursement for expenditures incurred in

8 rendering statistical services and, beginning July 1, 2017, as

9 reimbursement for expenditures incurred in relation to

10 communications services.

11 (Source: P.A. 91-239, eff. 1-1-00.)

12 (30 ILCS 105/6p-2) (from Ch. 127, par. 142p2)

13 Sec. 6p-2. The Communications Revolving Fund shall be

14 initially financed by a transfer of funds from the General

15 Revenue Fund. Thereafter, through June 30, 2017,all fees and

16 other monies received by the Department of Central Management

17 Services in payment for communications services rendered

18 pursuant to the Department of Central Management Services Law

19 or sale of surplus State communications equipment shall be paid

20 into the Communications Revolving Fund. Except as otherwise

21 provided in this Section, the money in this fund shall be used

22 by the Department of Central Management Services as

23 reimbursement for expenditures incurred in relation to

24 communications services.

25 On the effective date of this amendatory Act of the 93rd

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1 General Assembly, or as soon as practicable thereafter, the

2 State Comptroller shall order transferred and the State

3 Treasurer shall transfer $3,000,000 from the Communications

4 Revolving Fund to the Emergency Public Health Fund to be used

5 for the purposes specified in Section 55.6a of the

6 Environmental Protection Act.

7 In addition to any other transfers that may be provided for

8 by law, on July 1, 2011, or as soon thereafter as practical,

9 the State Comptroller shall direct and the State Treasurer

10 shall transfer the sum of $5,000,000 from the General Revenue

11 Fund to the Communications Revolving Fund.

12 Notwithstanding any other provision of law, in addition to

13 any other transfers that may be provided by law, on July 1,

14 2017, or after sufficient moneys have been received in the

15 Communications Revolving Fund to pay all Fiscal Year 2017

16 obligations payable from the Fund, whichever is later, the

17 State Comptroller shall direct and the State Treasurer shall

18 transfer the remaining balance from the Communications

19 Revolving Fund into the Technology Management Revolving Fund.

20 Upon completion of the transfer, any future deposits due to

21 that Fund and any outstanding obligations or liabilities of

22 that Fund pass to the Technology Management Revolving Fund.

23 (Source: P.A. 97-641, eff. 12-19-11.)

24 (30 ILCS 105/6z-34)

25 Sec. 6z-34. Secretary of State Special Services Fund. There

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1 is created in the State Treasury a special fund to be known as

2 the Secretary of State Special Services Fund. Moneys deposited

3 into the Fund may, subject to appropriation, be used by the

4 Secretary of State for any or all of the following purposes:

5 (1) For general automation efforts within operations

6 of the Office of Secretary of State.

7 (2) For technology applications in any form that will

8 enhance the operational capabilities of the Office of

9 Secretary of State.

10 (3) To provide funds for any type of library grants

11 authorized and administered by the Secretary of State as

12 State Librarian.

13 These funds are in addition to any other funds otherwise

14 authorized to the Office of Secretary of State for like or

15 similar purposes.

16 On August 15, 1997, all fiscal year 1997 receipts that

17 exceed the amount of $15,000,000 shall be transferred from this

18 Fund to the Technology Management Revolving Fund (formerly

19 known as theStatistical Services Revolving Fund); on August

20 15, 1998 and each year thereafter through 2000, all receipts

21 from the fiscal year ending on the previous June 30th that

22 exceed the amount of $17,000,000 shall be transferred from this

23 Fund to the Technology Management Revolving Fund (formerly

24 known as theStatistical Services Revolving Fund); on August

25 15, 2001 and each year thereafter through 2002, all receipts

26 from the fiscal year ending on the previous June 30th that

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1 exceed the amount of $19,000,000 shall be transferred from this

2 Fund to the Technology Management Revolving Fund (formerly

3 known as theStatistical Services Revolving Fund); and on

4 August 15, 2003 and each year thereafter, all receipts from the

5 fiscal year ending on the previous June 30th that exceed the

6 amount of $33,000,000 shall be transferred from this Fund to

7 the Technology Management Revolving Fund (formerly known as the

8 Statistical Services Revolving Fund).

9 (Source: P.A. 92-32, eff. 7-1-01; 93-32, eff. 7-1-03.)

10 (30 ILCS 105/8.16a) (from Ch. 127, par. 144.16a)

11 Sec. 8.16a. Appropriations for the procurement,

12 installation, retention, maintenance and operation of

13 electronic data processing and informationtechnology devices

14 and software used by state agencies subject to Section 405-20

15 of the Department of Central Management Services Law (20 ILCS

16 405/405-20), the purchase of necessary supplies and equipment

17 and accessories thereto, and all other expenses incident to the

18 operation and maintenance of those electronic data processing

19 and information technology devices and software are payable

20 from the Technology Management ~~Statistical Services~~ Revolving

21 Fund. However, no contract shall be entered into or obligation

22 incurred for any expenditure from the Technology Management

23 ~~Statistical Services~~Revolving Fund until after the purpose and

24 amount has been approved in writing by the Director of Central

25 Management Services. Until there are sufficient funds in the

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1 Technology Management Revolving Fund (formerly known as the

2 Statistical Services Revolving Fund)to carry out the purposes

3 of this amendatory Act of 1965, however, the State agencies

4 subject to that Section 405-20 shall, on written approval of

5 the Director of Central Management Services, pay the cost of

6 operating and maintaining electronic data processing systems

7 from current appropriations as classified and standardized in

8 the State Finance Act~~"An Act in relation to State finance",~~

9 ~~approved June 10, 1919, as amended~~.

10 (Source: P.A. 91-239, eff. 1-1-00.)

11 Section 20-15. The Illinois Pension Code is amended by

12 changing Section 1A-112 as follows:

13 (40 ILCS 5/1A-112)

14 Sec. 1A-112. Fees.

15 (a) Every pension fund that is required to file an annual

16 statement under Section 1A-109 shall pay to the Department an

17 annual compliance fee. In the case of a pension fund under

18 Article 3 or 4 of this Code, the annual compliance fee shall be

19 0.02% (2 basis points) of the total assets of the pension fund,

20 as reported in the most current annual statement of the fund,

21 but not more than $8,000. In the case of all other pension

22 funds and retirement systems, the annual compliance fee shall

23 be $8,000.

24 (b) The annual compliance fee shall be due on June 30 for

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1 the following State fiscal year, except that the fee payable in

2 1997 for fiscal year 1998 shall be due no earlier than 30 days

3 following the effective date of this amendatory Act of 1997.

4 (c) Any information obtained by the Division that is

5 available to the public under the Freedom of Information Act

6 and is either compiled in published form or maintained on a

7 computer processible medium shall be furnished upon the written

8 request of any applicant and the payment of a reasonable

9 information services fee established by the Director,

10 sufficient to cover the total cost to the Division of

11 compiling, processing, maintaining, and generating the

12 information. The information may be furnished by means of

13 published copy or on a computer processed or computer

14 processible medium.

15 No fee may be charged to any person for information that

16 the Division is required by law to furnish to that person.

17 (d) Except as otherwise provided in this Section, all fees

18 and penalties collected by the Department under this Code shall

19 be deposited into the Public Pension Regulation Fund.

20 (e) Fees collected under subsection (c) of this Section and

21 money collected under Section 1A-107 shall be deposited into

22 the Technology Management ~~Department's Statistical Services~~

23 Revolving Fund and credited to the account of the Department's

24 Public Pension Division. This income shall be used exclusively

25 for the purposes set forth in Section 1A-107. Notwithstanding

26 the provisions of Section 408.2 of the Illinois Insurance Code,

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1 no surplus funds remaining in this account shall be deposited

2 in the Insurance Financial Regulation Fund. All money in this

3 account that the Director certifies is not needed for the

4 purposes set forth in Section 1A-107 of this Code shall be

5 transferred to the Public Pension Regulation Fund.

6 (f) Nothing in this Code prohibits the General Assembly

7 from appropriating funds from the General Revenue Fund to the

8 Department for the purpose of administering or enforcing this

9 Code.

10 (Source: P.A. 93-32, eff. 7-1-03.)

11 Section 20-20. The Illinois Insurance Code is amended by

12 changing Sections 408, 408.2, 1202, and 1206 as follows:

13 (215 ILCS 5/408) (from Ch. 73, par. 1020)

14 Sec. 408. Fees and charges.

15 (1) The Director shall charge, collect and give proper

16 acquittances for the payment of the following fees and charges:

17 (a) For filing all documents submitted for the

18 incorporation or organization or certification of a

19 domestic company, except for a fraternal benefit society,

20 $2,000.

21 (b) For filing all documents submitted for the

22 incorporation or organization of a fraternal benefit

23 society, $500.

24 (c) For filing amendments to articles of incorporation

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1 and amendments to declaration of organization, except for a

2 fraternal benefit society, a mutual benefit association, a

3 burial society or a farm mutual, $200.

4 (d) For filing amendments to articles of incorporation

5 of a fraternal benefit society, a mutual benefit

6 association or a burial society, $100.

7 (e) For filing amendments to articles of incorporation

8 of a farm mutual, $50.

9 (f) For filing bylaws or amendments thereto, $50.

10 (g) For filing agreement of merger or consolidation:

11 (i) for a domestic company, except for a fraternal

12 benefit society, a mutual benefit association, a

13 burial society, or a farm mutual, $2,000.

14 (ii) for a foreign or alien company, except for a

15 fraternal benefit society, $600.

16 (iii) for a fraternal benefit society, a mutual

17 benefit association, a burial society, or a farm

18 mutual, $200.

19 (h) For filing agreements of reinsurance by a domestic

20 company, $200.

21 (i) For filing all documents submitted by a foreign or

22 alien company to be admitted to transact business or

23 accredited as a reinsurer in this State, except for a

24 fraternal benefit society, $5,000.

25 (j) For filing all documents submitted by a foreign or

26 alien fraternal benefit society to be admitted to transact

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1 business in this State, $500.

2 (k) For filing declaration of withdrawal of a foreign

3 or alien company, $50.

4 (l) For filing annual statement by a domestic company,

5 except a fraternal benefit society, a mutual benefit

6 association, a burial society, or a farm mutual, $200.

7 (m) For filing annual statement by a domestic fraternal

8 benefit society, $100.

9 (n) For filing annual statement by a farm mutual, a

10 mutual benefit association, or a burial society, $50.

11 (o) For issuing a certificate of authority or renewal

12 thereof except to a foreign fraternal benefit society,

13 $400.

14 (p) For issuing a certificate of authority or renewal

15 thereof to a foreign fraternal benefit society, $200.

16 (q) For issuing an amended certificate of authority,

17 $50.

18 (r) For each certified copy of certificate of

19 authority, $20.

20 (s) For each certificate of deposit, or valuation, or

21 compliance or surety certificate, $20.

22 (t) For copies of papers or records per page, $1.

23 (u) For each certification to copies of papers or

24 records, $10.

25 (v) For multiple copies of documents or certificates

26 listed in subparagraphs (r), (s), and (u) of paragraph (1)

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1 of this Section, $10 for the first copy of a certificate of

2 any type and $5 for each additional copy of the same

3 certificate requested at the same time, unless, pursuant to

4 paragraph (2) of this Section, the Director finds these

5 additional fees excessive.

6 (w) For issuing a permit to sell shares or increase

7 paid-up capital:

8 (i) in connection with a public stock offering,

9 $300;

10 (ii) in any other case, $100.

11 (x) For issuing any other certificate required or

12 permissible under the law, $50.

13 (y) For filing a plan of exchange of the stock of a

14 domestic stock insurance company, a plan of

15 demutualization of a domestic mutual company, or a plan of

16 reorganization under Article XII, $2,000.

17 (z) For filing a statement of acquisition of a domestic

18 company as defined in Section 131.4 of this Code, $2,000.

19 (aa) For filing an agreement to purchase the business

20 of an organization authorized under the Dental Service Plan

21 Act or the Voluntary Health Services Plans Act or of a

22 health maintenance organization or a limited health

23 service organization, $2,000.

24 (bb) For filing a statement of acquisition of a foreign

25 or alien insurance company as defined in Section 131.12a of

26 this Code, $1,000.

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1 (cc) For filing a registration statement as required in

2 Sections 131.13 and 131.14, the notification as required by

3 Sections 131.16, 131.20a, or 141.4, or an agreement or

4 transaction required by Sections 124.2(2), 141, 141a, or

5 141.1, $200.

6 (dd) For filing an application for licensing of:

7 (i) a religious or charitable risk pooling trust or

8 a workers' compensation pool, $1,000;

9 (ii) a workers' compensation service company,

10 $500;

11 (iii) a self-insured automobile fleet, $200; or

12 (iv) a renewal of or amendment of any license

13 issued pursuant to (i), (ii), or (iii) above, $100.

14 (ee) For filing articles of incorporation for a

15 syndicate to engage in the business of insurance through

16 the Illinois Insurance Exchange, $2,000.

17 (ff) For filing amended articles of incorporation for a

18 syndicate engaged in the business of insurance through the

19 Illinois Insurance Exchange, $100.

20 (gg) For filing articles of incorporation for a limited

21 syndicate to join with other subscribers or limited

22 syndicates to do business through the Illinois Insurance

23 Exchange, $1,000.

24 (hh) For filing amended articles of incorporation for a

25 limited syndicate to do business through the Illinois

26 Insurance Exchange, $100.

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1 (ii) For a permit to solicit subscriptions to a

2 syndicate or limited syndicate, $100.

3 (jj) For the filing of each form as required in Section

4 143 of this Code, $50 per form. The fee for advisory and

5 rating organizations shall be $200 per form.

6 (i) For the purposes of the form filing fee,

7 filings made on insert page basis will be considered

8 one form at the time of its original submission.

9 Changes made to a form subsequent to its approval shall

10 be considered a new filing.

11 (ii) Only one fee shall be charged for a form,

12 regardless of the number of other forms or policies

13 with which it will be used.

14 (iii) Fees charged for a policy filed as it will be

15 issued regardless of the number of forms comprising

16 that policy shall not exceed $1,500. For advisory or

17 rating organizations, fees charged for a policy filed

18 as it will be issued regardless of the number of forms

19 comprising that policy shall not exceed $2,500.

20 (iv) The Director may by rule exempt forms from

21 such fees.

22 (kk) For filing an application for licensing of a

23 reinsurance intermediary, $500.

24 (ll) For filing an application for renewal of a license

25 of a reinsurance intermediary, $200.

26 (2) When printed copies or numerous copies of the same

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1 paper or records are furnished or certified, the Director may

2 reduce such fees for copies if he finds them excessive. He may,

3 when he considers it in the public interest, furnish without

4 charge to state insurance departments and persons other than

5 companies, copies or certified copies of reports of

6 examinations and of other papers and records.

7 (3) The expenses incurred in any performance examination

8 authorized by law shall be paid by the company or person being

9 examined. The charge shall be reasonably related to the cost of

10 the examination including but not limited to compensation of

11 examiners, electronic data processing costs, supervision and

12 preparation of an examination report and lodging and travel

13 expenses. All lodging and travel expenses shall be in accord

14 with the applicable travel regulations as published by the

15 Department of Central Management Services and approved by the

16 Governor's Travel Control Board, except that out-of-state

17 lodging and travel expenses related to examinations authorized

18 under Section 132 shall be in accordance with travel rates

19 prescribed under paragraph 301-7.2 of the Federal Travel

20 Regulations, 41 C.F.R. 301-7.2, for reimbursement of

21 subsistence expenses incurred during official travel. All

22 lodging and travel expenses may be reimbursed directly upon

23 authorization of the Director. With the exception of the direct

24 reimbursements authorized by the Director, all performance

25 examination charges collected by the Department shall be paid

26 to the Insurance Producer Administration Fund, however, the

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1 electronic data processing costs incurred by the Department in

2 the performance of any examination shall be billed directly to

3 the company being examined for payment to the Technology

4 Management~~Statistical Services~~ Revolving Fund.

5 (4) At the time of any service of process on the Director

6 as attorney for such service, the Director shall charge and

7 collect the sum of $20, which may be recovered as taxable costs

8 by the party to the suit or action causing such service to be

9 made if he prevails in such suit or action.

10 (5) (a) The costs incurred by the Department of Insurance

11 in conducting any hearing authorized by law shall be assessed

12 against the parties to the hearing in such proportion as the

13 Director of Insurance may determine upon consideration of all

14 relevant circumstances including: (1) the nature of the

15 hearing; (2) whether the hearing was instigated by, or for the

16 benefit of a particular party or parties; (3) whether there is

17 a successful party on the merits of the proceeding; and (4) the

18 relative levels of participation by the parties.

19 (b) For purposes of this subsection (5) costs incurred

20 shall mean the hearing officer fees, court reporter fees, and

21 travel expenses of Department of Insurance officers and

22 employees; provided however, that costs incurred shall not

23 include hearing officer fees or court reporter fees unless the

24 Department has retained the services of independent

25 contractors or outside experts to perform such functions.

26 (c) The Director shall make the assessment of costs

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1 incurred as part of the final order or decision arising out of

2 the proceeding; provided, however, that such order or decision

3 shall include findings and conclusions in support of the

4 assessment of costs. This subsection (5) shall not be construed

5 as permitting the payment of travel expenses unless calculated

6 in accordance with the applicable travel regulations of the

7 Department of Central Management Services, as approved by the

8 Governor's Travel Control Board. The Director as part of such

9 order or decision shall require all assessments for hearing

10 officer fees and court reporter fees, if any, to be paid

11 directly to the hearing officer or court reporter by the

12 party(s) assessed for such costs. The assessments for travel

13 expenses of Department officers and employees shall be

14 reimbursable to the Director of Insurance for deposit to the

15 fund out of which those expenses had been paid.

16 (d) The provisions of this subsection (5) shall apply in

17 the case of any hearing conducted by the Director of Insurance

18 not otherwise specifically provided for by law.

19 (6) The Director shall charge and collect an annual

20 financial regulation fee from every domestic company for

21 examination and analysis of its financial condition and to fund

22 the internal costs and expenses of the Interstate Insurance

23 Receivership Commission as may be allocated to the State of

24 Illinois and companies doing an insurance business in this

25 State pursuant to Article X of the Interstate Insurance

26 Receivership Compact. The fee shall be the greater fixed amount

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1 based upon the combination of nationwide direct premium income

2 and nationwide reinsurance assumed premium income or upon

3 admitted assets calculated under this subsection as follows:

4 (a) Combination of nationwide direct premium income

5 and nationwide reinsurance assumed premium.

6 (i) $150, if the premium is less than $500,000 and

7 there is no reinsurance assumed premium;

8 (ii) $750, if the premium is $500,000 or more, but

9 less than $5,000,000 and there is no reinsurance

10 assumed premium; or if the premium is less than

11 $5,000,000 and the reinsurance assumed premium is less

12 than $10,000,000;

13 (iii) $3,750, if the premium is less than

14 $5,000,000 and the reinsurance assumed premium is

15 $10,000,000 or more;

16 (iv) $7,500, if the premium is $5,000,000 or more,

17 but less than $10,000,000;

18 (v) $18,000, if the premium is $10,000,000 or more,

19 but less than $25,000,000;

20 (vi) $22,500, if the premium is $25,000,000 or

21 more, but less than $50,000,000;

22 (vii) $30,000, if the premium is $50,000,000 or

23 more, but less than $100,000,000;

24 (viii) $37,500, if the premium is $100,000,000 or

25 more.

26 (b) Admitted assets.

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1 (i) $150, if admitted assets are less than

2 $1,000,000;

3 (ii) $750, if admitted assets are $1,000,000 or

4 more, but less than $5,000,000;

5 (iii) $3,750, if admitted assets are $5,000,000 or

6 more, but less than $25,000,000;

7 (iv) $7,500, if admitted assets are $25,000,000 or

8 more, but less than $50,000,000;

9 (v) $18,000, if admitted assets are $50,000,000 or

10 more, but less than $100,000,000;

11 (vi) $22,500, if admitted assets are $100,000,000

12 or more, but less than $500,000,000;

13 (vii) $30,000, if admitted assets are $500,000,000

14 or more, but less than $1,000,000,000;

15 (viii) $37,500, if admitted assets are

16 $1,000,000,000 or more.

17 (c) The sum of financial regulation fees charged to the

18 domestic companies of the same affiliated group shall not

19 exceed $250,000 in the aggregate in any single year and

20 shall be billed by the Director to the member company

21 designated by the group.

22 (7) The Director shall charge and collect an annual

23 financial regulation fee from every foreign or alien company,

24 except fraternal benefit societies, for the examination and

25 analysis of its financial condition and to fund the internal

26 costs and expenses of the Interstate Insurance Receivership

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1 Commission as may be allocated to the State of Illinois and

2 companies doing an insurance business in this State pursuant to

3 Article X of the Interstate Insurance Receivership Compact. The

4 fee shall be a fixed amount based upon Illinois direct premium

5 income and nationwide reinsurance assumed premium income in

6 accordance with the following schedule:

7 (a) $150, if the premium is less than $500,000 and

8 there is no reinsurance assumed premium;

9 (b) $750, if the premium is $500,000 or more, but less

10 than $5,000,000 and there is no reinsurance assumed

11 premium; or if the premium is less than $5,000,000 and the

12 reinsurance assumed premium is less than $10,000,000;

13 (c) $3,750, if the premium is less than $5,000,000 and

14 the reinsurance assumed premium is $10,000,000 or more;

15 (d) $7,500, if the premium is $5,000,000 or more, but

16 less than $10,000,000;

17 (e) $18,000, if the premium is $10,000,000 or more, but

18 less than $25,000,000;

19 (f) $22,500, if the premium is $25,000,000 or more, but

20 less than $50,000,000;

21 (g) $30,000, if the premium is $50,000,000 or more, but

22 less than $100,000,000;

23 (h) $37,500, if the premium is $100,000,000 or more.

24 The sum of financial regulation fees under this subsection

25 (7) charged to the foreign or alien companies within the same

26 affiliated group shall not exceed $250,000 in the aggregate in

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1 any single year and shall be billed by the Director to the

2 member company designated by the group.

3 (8) Beginning January 1, 1992, the financial regulation

4 fees imposed under subsections (6) and (7) of this Section

5 shall be paid by each company or domestic affiliated group

6 annually. After January 1, 1994, the fee shall be billed by

7 Department invoice based upon the company's premium income or

8 admitted assets as shown in its annual statement for the

9 preceding calendar year. The invoice is due upon receipt and

10 must be paid no later than June 30 of each calendar year. All

11 financial regulation fees collected by the Department shall be

12 paid to the Insurance Financial Regulation Fund. The Department

13 may not collect financial examiner per diem charges from

14 companies subject to subsections (6) and (7) of this Section

15 undergoing financial examination after June 30, 1992.

16 (9) In addition to the financial regulation fee required by

17 this Section, a company undergoing any financial examination

18 authorized by law shall pay the following costs and expenses

19 incurred by the Department: electronic data processing costs,

20 the expenses authorized under Section 131.21 and subsection (d)

21 of Section 132.4 of this Code, and lodging and travel expenses.

22 Electronic data processing costs incurred by the

23 Department in the performance of any examination shall be

24 billed directly to the company undergoing examination for

25 payment to the Technology Management ~~Statistical Services~~

26 Revolving Fund. Except for direct reimbursements authorized by

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1 the Director or direct payments made under Section 131.21 or

2 subsection (d) of Section 132.4 of this Code, all financial

3 regulation fees and all financial examination charges

4 collected by the Department shall be paid to the Insurance

5 Financial Regulation Fund.

6 All lodging and travel expenses shall be in accordance with

7 applicable travel regulations published by the Department of

8 Central Management Services and approved by the Governor's

9 Travel Control Board, except that out-of-state lodging and

10 travel expenses related to examinations authorized under

11 Sections 132.1 through 132.7 shall be in accordance with travel

12 rates prescribed under paragraph 301-7.2 of the Federal Travel

13 Regulations, 41 C.F.R. 301-7.2, for reimbursement of

14 subsistence expenses incurred during official travel. All

15 lodging and travel expenses may be reimbursed directly upon the

16 authorization of the Director.

17 In the case of an organization or person not subject to the

18 financial regulation fee, the expenses incurred in any

19 financial examination authorized by law shall be paid by the

20 organization or person being examined. The charge shall be

21 reasonably related to the cost of the examination including,

22 but not limited to, compensation of examiners and other costs

23 described in this subsection.

24 (10) Any company, person, or entity failing to make any

25 payment of $150 or more as required under this Section shall be

26 subject to the penalty and interest provisions provided for in

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1 subsections (4) and (7) of Section 412.

2 (11) Unless otherwise specified, all of the fees collected

3 under this Section shall be paid into the Insurance Financial

4 Regulation Fund.

5 (12) For purposes of this Section:

6 (a) "Domestic company" means a company as defined in

7 Section 2 of this Code which is incorporated or organized

8 under the laws of this State, and in addition includes a

9 not-for-profit corporation authorized under the Dental

10 Service Plan Act or the Voluntary Health Services Plans

11 Act, a health maintenance organization, and a limited

12 health service organization.

13 (b) "Foreign company" means a company as defined in

14 Section 2 of this Code which is incorporated or organized

15 under the laws of any state of the United States other than

16 this State and in addition includes a health maintenance

17 organization and a limited health service organization

18 which is incorporated or organized under the laws of any

19 state of the United States other than this State.

20 (c) "Alien company" means a company as defined in

21 Section 2 of this Code which is incorporated or organized

22 under the laws of any country other than the United States.

23 (d) "Fraternal benefit society" means a corporation,

24 society, order, lodge or voluntary association as defined

25 in Section 282.1 of this Code.

26 (e) "Mutual benefit association" means a company,

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1 association or corporation authorized by the Director to do

2 business in this State under the provisions of Article

3 XVIII of this Code.

4 (f) "Burial society" means a person, firm,

5 corporation, society or association of individuals

6 authorized by the Director to do business in this State

7 under the provisions of Article XIX of this Code.

8 (g) "Farm mutual" means a district, county and township

9 mutual insurance company authorized by the Director to do

10 business in this State under the provisions of the Farm

11 Mutual Insurance Company Act of 1986.

12 (Source: P.A. 97-486, eff. 1-1-12; 97-603, eff. 8-26-11;

13 97-813, eff. 7-13-12; 98-463, eff. 8-16-13.)

14 (215 ILCS 5/408.2) (from Ch. 73, par. 1020.2)

15 Sec. 408.2. Statistical Services. Any public record, or any

16 data obtained by the Department of Insurance, which is subject

17 to public inspection or copying and which is maintained on a

18 computer processible medium, may be furnished in a computer

19 processed or computer processible medium upon the written

20 request of any applicant and the payment of a reasonable fee

21 established by the Director sufficient to cover the total cost

22 of the Department for processing, maintaining and generating

23 such computer processible records or data, except to the extent

24 of any salaries or compensation of Department officers or

25 employees.

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1 The Director of Insurance is specifically authorized to

2 contract with members of the public at large, enter waiver

3 agreements, or otherwise enter written agreements for the

4 purpose of assuring public access to the Department's computer

5 processible records or data, or for the purpose of restricting,

6 controlling or limiting such access where necessary to protect

7 the confidentiality of individuals, companies or other

8 entities identified by such documents.

9 All fees collected by the Director under this Section 408.2

10 shall be deposited in theTechnology Management ~~Statistical~~

11 ~~Services~~Revolving Fund and credited to the account of the

12 Department of Insurance. Any surplus funds remaining in such

13 account at the close of any fiscal year shall be delivered to

14 the State Treasurer for deposit in the Insurance Financial

15 Regulation Fund.

16 (Source: P.A. 84-989.)

17 (215 ILCS 5/1202) (from Ch. 73, par. 1065.902)

18 Sec. 1202. Duties. The Director shall:

19 (a) determine the relationship of insurance premiums

20 and related income as compared to insurance costs and

21 expenses and provide such information to the General

22 Assembly and the general public;

23 (b) study the insurance system in the State of

24 Illinois, and recommend to the General Assembly what it

25 deems to be the most appropriate and comprehensive cost

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1 containment system for the State;

2 (c) respond to the requests by agencies of government

3 and the General Assembly for special studies and analysis

4 of data collected pursuant to this Article. Such reports

5 shall be made available in a form prescribed by the

6 Director. The Director may also determine a fee to be

7 charged to the requesting agency to cover the direct and

8 indirect costs for producing such a report, and shall

9 permit affected insurers the right to review the accuracy

10 of the report before it is released. The fees shall be

11 deposited into theTechnology Management ~~Statistical~~

12 ~~Services~~Revolving Fund and credited to the account of the

13 Department of Insurance;

14 (d) make an interim report to the General Assembly no

15 later than August 15, 1987, and an annual report to the

16 General Assembly no later than July 1 every year thereafter

17 which shall include the Director's findings and

18 recommendations regarding its duties as provided under

19 subsections (a), (b), and (c) of this Section.

20 (Source: P.A. 98-226, eff. 1-1-14; 99-642, eff. 7-28-16.)

21 (215 ILCS 5/1206) (from Ch. 73, par. 1065.906)

22 Sec. 1206. Expenses. The companies required to file reports

23 under this Article shall pay a reasonable fee established by

24 the Director sufficient to cover the total cost of the

25 Department incident to or associated with the administration

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1 and enforcement of this Article, including the collection,

2 analysis and distribution of the insurance cost data, the

3 conversion of hard copy reports to tape, and the compilation

4 and analysis of basic reports. The Director may establish a

5 schedule of fees for this purpose. Expenses for additional

6 reports shall be billed to those requesting the reports. Any

7 such fees collected under this Section shall be paid to the

8 Director of Insurance and deposited into the Technology

9 Management~~Statistical Services~~ Revolving Fund and credited to

10 the account of the Department of Insurance.

11 (Source: P.A. 84-1431.)

12 Section 20-25. The Workers' Compensation Act is amended by

13 changing Section 17 as follows:

14 (820 ILCS 305/17) (from Ch. 48, par. 138.17)

15 Sec. 17. The Commission shall cause to be printed and

16 furnish free of charge upon request by any employer or employee

17 such blank forms as may facilitate or promote efficient

18 administration and the performance of the duties of the

19 Commission. It shall provide a proper record in which shall be

20 entered and indexed the name of any employer who shall file a

21 notice of declination or withdrawal under this Act, and the

22 date of the filing thereof; and a proper record in which shall

23 be entered and indexed the name of any employee who shall file

24 such notice of declination or withdrawal, and the date of the

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1 filing thereof; and such other notices as may be required by

2 this Act; and records in which shall be recorded all

3 proceedings, orders and awards had or made by the Commission or

4 by the arbitration committees, and such other books or records

5 as it shall deem necessary, all such records to be kept in the

6 office of the Commission.

7 The Commission may destroy all papers and documents which

8 have been on file for more than 5 years where there is no claim

9 for compensation pending or where more than 2 years have

10 elapsed since the termination of the compensation period.

11 The Commission shall compile and distribute to interested

12 persons aggregate statistics, taken from any records and

13 reports in the possession of the Commission. The aggregate

14 statistics shall not give the names or otherwise identify

15 persons sustaining injuries or disabilities or the employer of

16 any injured person or person with a disability.

17 The Commission is authorized to establish reasonable fees

18 and methods of payment limited to covering only the costs to

19 the Commission for processing, maintaining and generating

20 records or data necessary for the computerized production of

21 documents, records and other materials except to the extent of

22 any salaries or compensation of Commission officers or

23 employees.

24 All fees collected by the Commission under this Section

25 shall be deposited in theTechnology Management ~~Statistical~~

26 ~~Services~~Revolving Fund and credited to the account of the

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1 Illinois Workers' Compensation Commission.

2 (Source: P.A. 99-143, eff. 7-27-15.)

3 Section 20-30. The Workers' Occupational Diseases Act is

4 amended by changing Section 17 as follows:

5 (820 ILCS 310/17) (from Ch. 48, par. 172.52)

6 Sec. 17. The Commission shall cause to be printed and shall

7 furnish free of charge upon request by any employer or employee

8 such blank forms as it shall deem requisite to facilitate or

9 promote the efficient administration of this Act, and the

10 performance of the duties of the Commission. It shall provide a

11 proper record in which shall be entered and indexed the name of

12 any employer who shall file a notice of election under this

13 Act, and the date of the filing thereof; and a proper record in

14 which shall be entered and indexed the name of any employee who

15 shall file a notice of election, and the date of the filing

16 thereof; and such other notices as may be required by this Act;

17 and records in which shall be recorded all proceedings, orders

18 and awards had or made by the Commission, or by the arbitration

19 committees, and such other books or records as it shall deem

20 necessary, all such records to be kept in the office of the

21 Commission. The Commission, in its discretion, may destroy all

22 papers and documents except notices of election and waivers

23 which have been on file for more than five years where there is

24 no claim for compensation pending, or where more than two years

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1 have elapsed since the termination of the compensation period.

2 The Commission shall compile and distribute to interested

3 persons aggregate statistics, taken from any records and

4 reports in the possession of the Commission. The aggregate

5 statistics shall not give the names or otherwise identify

6 persons sustaining injuries or disabilities or the employer of

7 any injured person or person with a disability.

8 The Commission is authorized to establish reasonable fees

9 and methods of payment limited to covering only the costs to

10 the Commission for processing, maintaining and generating

11 records or data necessary for the computerized production of

12 documents, records and other materials except to the extent of

13 any salaries or compensation of Commission officers or

14 employees.

15 All fees collected by the Commission under this Section

16 shall be deposited in theTechnology Management ~~Statistical~~

17 ~~Services~~Revolving Fund and credited to the account of the

18 Illinois Workers' Compensation Commission.

19 (Source: P.A. 99-143, eff. 7-27-15.)

20 ARTICLE 25. REFUNDING BONDS

21 Section 25-5. The General Obligation Bond Act is amended by

22 changing Sections 2.5, 9, 11, and 16 as follows:

23 (30 ILCS 330/2.5)

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1 Sec. 2.5. Limitation on issuance of Bonds.

2 (a) Except as provided in subsection (b), no Bonds may be

3 issued if, after the issuance, in the next State fiscal year

4 after the issuance of the Bonds, the amount of debt service

5 (including principal, whether payable at maturity or pursuant

6 to mandatory sinking fund installments, and interest) on all

7 then-outstanding Bonds, other than Bonds authorized by Public

8 Act 96-43 and other than Bonds authorized by Public Act

9 96-1497, would exceed 7% of the aggregate appropriations from

10 the general funds (which consist of the General Revenue Fund,

11 the Common School Fund, the General Revenue Common School

12 Special Account Fund, and the Education Assistance Fund) and

13 the Road Fund for the fiscal year immediately prior to the

14 fiscal year of the issuance.

15 (b) If the Comptroller and Treasurer each consent in

16 writing, Bonds may be issued even if the issuance does not

17 comply with subsection (a). In addition, $2,000,000,000 in

18 Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,

19 and $2,000,000,000 in Refunding Bonds under Section 16, may be

20 issued during State fiscal year 2017 without complying with

21 subsection (a). In addition, $2,000,000,000 in Bonds for the

22 purposes set forth in Sections 3, 4, 5, 6, and 7, and

23 $2,000,000,000 in Refunding Bonds under Section 16, may be

24 issued during State fiscal year 2018 without complying with

25 subsection (a).

26 (Source: P.A. 99-523, eff. 6-30-16.)

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1 (30 ILCS 330/9) (from Ch. 127, par. 659)

2 Sec. 9. Conditions for Issuance and Sale of Bonds -

3 Requirements for Bonds.

4 (a) Except as otherwise provided in this subsection, Bonds

5 shall be issued and sold from time to time, in one or more

6 series, in such amounts and at such prices as may be directed

7 by the Governor, upon recommendation by the Director of the

8 Governor's Office of Management and Budget. Bonds shall be in

9 such form (either coupon, registered or book entry), in such

10 denominations, payable within 25 years from their date, subject

11 to such terms of redemption with or without premium, bear

12 interest payable at such times and at such fixed or variable

13 rate or rates, and be dated as shall be fixed and determined by

14 the Director of the Governor's Office of Management and Budget

15 in the order authorizing the issuance and sale of any series of

16 Bonds, which order shall be approved by the Governor and is

17 herein called a "Bond Sale Order"; provided however, that

18 interest payable at fixed or variable rates shall not exceed

19 that permitted in the Bond Authorization Act, as now or

20 hereafter amended. Bonds shall be payable at such place or

21 places, within or without the State of Illinois, and may be

22 made registrable as to either principal or as to both principal

23 and interest, as shall be specified in the Bond Sale Order.

24 Bonds may be callable or subject to purchase and retirement or

25 tender and remarketing as fixed and determined in the Bond Sale

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1 Order. Bonds, other than Bonds issued under Section 3 of this

2 Act for the costs associated with the purchase and

3 implementation of information technology, (i) except for

4 refunding Bonds satisfying the requirements of Section 16 of

5 this Act and sold during fiscal year 2009, 2010, 2011, ~~or~~ 2017,

6 or 2018 must be issued with principal or mandatory redemption

7 amounts in equal amounts, with the first maturity issued

8 occurring within the fiscal year in which the Bonds are issued

9 or within the next succeeding fiscal year and (ii) must mature

10 or be subject to mandatory redemption each fiscal year

11 thereafter up to 25 years, except for refunding Bonds

12 satisfying the requirements of Section 16 of this Act and sold

13 during fiscal year 2009, 2010, or 2011 which must mature or be

14 subject to mandatory redemption each fiscal year thereafter up

15 to 16 years. Bonds issued under Section 3 of this Act for the

16 costs associated with the purchase and implementation of

17 information technology must be issued with principal or

18 mandatory redemption amounts in equal amounts, with the first

19 maturity issued occurring with the fiscal year in which the

20 respective bonds are issued or with the next succeeding fiscal

21 year, with the respective bonds issued maturing or subject to

22 mandatory redemption each fiscal year thereafter up to 10

23 years. Notwithstanding any provision of this Act to the

24 contrary, the Bonds authorized by Public Act 96-43 shall be

25 payable within 5 years from their date and must be issued with

26 principal or mandatory redemption amounts in equal amounts,

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1 with payment of principal or mandatory redemption beginning in

2 the first fiscal year following the fiscal year in which the

3 Bonds are issued.

4 Notwithstanding any provision of this Act to the contrary,

5 the Bonds authorized by Public Act 96-1497 shall be payable

6 within 8 years from their date and shall be issued with payment

7 of maturing principal or scheduled mandatory redemptions in

8 accordance with the following schedule, except the following

9 amounts shall be prorated if less than the total additional

10 amount of Bonds authorized by Public Act 96-1497 are issued:

11 Fiscal Year After Issuance Amount

12 1-2 $0

13 3 $110,712,120

14 4 $332,136,360

15 5 $664,272,720

16 6-8 $996,409,080

17 In the case of any series of Bonds bearing interest at a

18 variable interest rate ("Variable Rate Bonds"), in lieu of

19 determining the rate or rates at which such series of Variable

20 Rate Bonds shall bear interest and the price or prices at which

21 such Variable Rate Bonds shall be initially sold or remarketed

22 (in the event of purchase and subsequent resale), the Bond Sale

23 Order may provide that such interest rates and prices may vary

24 from time to time depending on criteria established in such

25 Bond Sale Order, which criteria may include, without

26 limitation, references to indices or variations in interest

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1 rates as may, in the judgment of a remarketing agent, be

2 necessary to cause Variable Rate Bonds of such series to be

3 remarketable from time to time at a price equal to their

4 principal amount, and may provide for appointment of a bank,

5 trust company, investment bank, or other financial institution

6 to serve as remarketing agent in that connection. The Bond Sale

7 Order may provide that alternative interest rates or provisions

8 for establishing alternative interest rates, different

9 security or claim priorities, or different call or amortization

10 provisions will apply during such times as Variable Rate Bonds

11 of any series are held by a person providing credit or

12 liquidity enhancement arrangements for such Bonds as

13 authorized in subsection (b) of this Section. The Bond Sale

14 Order may also provide for such variable interest rates to be

15 established pursuant to a process generally known as an auction

16 rate process and may provide for appointment of one or more

17 financial institutions to serve as auction agents and

18 broker-dealers in connection with the establishment of such

19 interest rates and the sale and remarketing of such Bonds.

20 (b) In connection with the issuance of any series of Bonds,

21 the State may enter into arrangements to provide additional

22 security and liquidity for such Bonds, including, without

23 limitation, bond or interest rate insurance or letters of

24 credit, lines of credit, bond purchase contracts, or other

25 arrangements whereby funds are made available to retire or

26 purchase Bonds, thereby assuring the ability of owners of the

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1 Bonds to sell or redeem their Bonds. The State may enter into

2 contracts and may agree to pay fees to persons providing such

3 arrangements, but only under circumstances where the Director

4 of the Governor's Office of Management and Budget certifies

5 that he or she reasonably expects the total interest paid or to

6 be paid on the Bonds, together with the fees for the

7 arrangements (being treated as if interest), would not, taken

8 together, cause the Bonds to bear interest, calculated to their

9 stated maturity, at a rate in excess of the rate that the Bonds

10 would bear in the absence of such arrangements.

11 The State may, with respect to Bonds issued or anticipated

12 to be issued, participate in and enter into arrangements with

13 respect to interest rate protection or exchange agreements,

14 guarantees, or financial futures contracts for the purpose of

15 limiting, reducing, or managing interest rate exposure. The

16 authority granted under this paragraph, however, shall not

17 increase the principal amount of Bonds authorized to be issued

18 by law. The arrangements may be executed and delivered by the

19 Director of the Governor's Office of Management and Budget on

20 behalf of the State. Net payments for such arrangements shall

21 constitute interest on the Bonds and shall be paid from the

22 General Obligation Bond Retirement and Interest Fund. The

23 Director of the Governor's Office of Management and Budget

24 shall at least annually certify to the Governor and the State

25 Comptroller his or her estimate of the amounts of such net

26 payments to be included in the calculation of interest required

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1 to be paid by the State.

2 (c) Prior to the issuance of any Variable Rate Bonds

3 pursuant to subsection (a), the Director of the Governor's

4 Office of Management and Budget shall adopt an interest rate

5 risk management policy providing that the amount of the State's

6 variable rate exposure with respect to Bonds shall not exceed

7 20%. This policy shall remain in effect while any Bonds are

8 outstanding and the issuance of Bonds shall be subject to the

9 terms of such policy. The terms of this policy may be amended

10 from time to time by the Director of the Governor's Office of

11 Management and Budget but in no event shall any amendment cause

12 the permitted level of the State's variable rate exposure with

13 respect to Bonds to exceed 20%.

14 (d) "Build America Bonds" in this Section means Bonds

15 authorized by Section 54AA of the Internal Revenue Code of

16 1986, as amended ("Internal Revenue Code"), and bonds issued

17 from time to time to refund or continue to refund "Build

18 America Bonds".

19 (e) Notwithstanding any other provision of this Section,

20 Qualified School Construction Bonds shall be issued and sold

21 from time to time, in one or more series, in such amounts and

22 at such prices as may be directed by the Governor, upon

23 recommendation by the Director of the Governor's Office of

24 Management and Budget. Qualified School Construction Bonds

25 shall be in such form (either coupon, registered or book

26 entry), in such denominations, payable within 25 years from

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1 their date, subject to such terms of redemption with or without

2 premium, and if the Qualified School Construction Bonds are

3 issued with a supplemental coupon, bear interest payable at

4 such times and at such fixed or variable rate or rates, and be

5 dated as shall be fixed and determined by the Director of the

6 Governor's Office of Management and Budget in the order

7 authorizing the issuance and sale of any series of Qualified

8 School Construction Bonds, which order shall be approved by the

9 Governor and is herein called a "Bond Sale Order"; except that

10 interest payable at fixed or variable rates, if any, shall not

11 exceed that permitted in the Bond Authorization Act, as now or

12 hereafter amended. Qualified School Construction Bonds shall

13 be payable at such place or places, within or without the State

14 of Illinois, and may be made registrable as to either principal

15 or as to both principal and interest, as shall be specified in

16 the Bond Sale Order. Qualified School Construction Bonds may be

17 callable or subject to purchase and retirement or tender and

18 remarketing as fixed and determined in the Bond Sale Order.

19 Qualified School Construction Bonds must be issued with

20 principal or mandatory redemption amounts or sinking fund

21 payments into the General Obligation Bond Retirement and

22 Interest Fund (or subaccount therefor) in equal amounts, with

23 the first maturity issued, mandatory redemption payment or

24 sinking fund payment occurring within the fiscal year in which

25 the Qualified School Construction Bonds are issued or within

26 the next succeeding fiscal year, with Qualified School

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1 Construction Bonds issued maturing or subject to mandatory

2 redemption or with sinking fund payments thereof deposited each

3 fiscal year thereafter up to 25 years. Sinking fund payments

4 set forth in this subsection shall be permitted only to the

5 extent authorized in Section 54F of the Internal Revenue Code

6 or as otherwise determined by the Director of the Governor's

7 Office of Management and Budget. "Qualified School

8 Construction Bonds" in this subsection means Bonds authorized

9 by Section 54F of the Internal Revenue Code and for bonds

10 issued from time to time to refund or continue to refund such

11 "Qualified School Construction Bonds".

12 (f) Beginning with the next issuance by the Governor's

13 Office of Management and Budget to the Procurement Policy Board

14 of a request for quotation for the purpose of formulating a new

15 pool of qualified underwriting banks list, all entities

16 responding to such a request for quotation for inclusion on

17 that list shall provide a written report to the Governor's

18 Office of Management and Budget and the Illinois Comptroller.

19 The written report submitted to the Comptroller shall (i) be

20 published on the Comptroller's Internet website and (ii) be

21 used by the Governor's Office of Management and Budget for the

22 purposes of scoring such a request for quotation. The written

23 report, at a minimum, shall:

24 (1) disclose whether, within the past 3 months,

25 pursuant to its credit default swap market-making

26 activities, the firm has entered into any State of Illinois

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1 credit default swaps ("CDS");

2 (2) include, in the event of State of Illinois CDS

3 activity, disclosure of the firm's cumulative notional

4 volume of State of Illinois CDS trades and the firm's

5 outstanding gross and net notional amount of State of

6 Illinois CDS, as of the end of the current 3-month period;

7 (3) indicate, pursuant to the firm's proprietary

8 trading activities, disclosure of whether the firm, within

9 the past 3 months, has entered into any proprietary trades

10 for its own account in State of Illinois CDS;

11 (4) include, in the event of State of Illinois

12 proprietary trades, disclosure of the firm's outstanding

13 gross and net notional amount of proprietary State of

14 Illinois CDS and whether the net position is short or long

15 credit protection, as of the end of the current 3-month

16 period;

17 (5) list all time periods during the past 3 months

18 during which the firm held net long or net short State of

19 Illinois CDS proprietary credit protection positions, the

20 amount of such positions, and whether those positions were

21 net long or net short credit protection positions; and

22 (6) indicate whether, within the previous 3 months, the

23 firm released any publicly available research or marketing

24 reports that reference State of Illinois CDS and include

25 those research or marketing reports as attachments.

26 (g) All entities included on a Governor's Office of

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1 Management and Budget's pool of qualified underwriting banks

2 list shall, as soon as possible after March 18, 2011 (the

3 effective date of Public Act 96-1554), but not later than

4 January 21, 2011, and on a quarterly fiscal basis thereafter,

5 provide a written report to the Governor's Office of Management

6 and Budget and the Illinois Comptroller. The written reports

7 submitted to the Comptroller shall be published on the

8 Comptroller's Internet website. The written reports, at a

9 minimum, shall:

10 (1) disclose whether, within the past 3 months,

11 pursuant to its credit default swap market-making

12 activities, the firm has entered into any State of Illinois

13 credit default swaps ("CDS");

14 (2) include, in the event of State of Illinois CDS

15 activity, disclosure of the firm's cumulative notional

16 volume of State of Illinois CDS trades and the firm's

17 outstanding gross and net notional amount of State of

18 Illinois CDS, as of the end of the current 3-month period;

19 (3) indicate, pursuant to the firm's proprietary

20 trading activities, disclosure of whether the firm, within

21 the past 3 months, has entered into any proprietary trades

22 for its own account in State of Illinois CDS;

23 (4) include, in the event of State of Illinois

24 proprietary trades, disclosure of the firm's outstanding

25 gross and net notional amount of proprietary State of

26 Illinois CDS and whether the net position is short or long

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1 credit protection, as of the end of the current 3-month

2 period;

3 (5) list all time periods during the past 3 months

4 during which the firm held net long or net short State of

5 Illinois CDS proprietary credit protection positions, the

6 amount of such positions, and whether those positions were

7 net long or net short credit protection positions; and

8 (6) indicate whether, within the previous 3 months, the

9 firm released any publicly available research or marketing

10 reports that reference State of Illinois CDS and include

11 those research or marketing reports as attachments.

12 (Source: P.A. 99-523, eff. 6-30-16.)

13 (30 ILCS 330/11) (from Ch. 127, par. 661)

14 Sec. 11. Sale of Bonds. Except as otherwise provided in

15 this Section, Bonds shall be sold from time to time pursuant to

16 notice of sale and public bid or by negotiated sale in such

17 amounts and at such times as is directed by the Governor, upon

18 recommendation by the Director of the Governor's Office of

19 Management and Budget. At least 25%, based on total principal

20 amount, of all Bonds issued each fiscal year shall be sold

21 pursuant to notice of sale and public bid. At all times during

22 each fiscal year, no more than 75%, based on total principal

23 amount, of the Bonds issued each fiscal year, shall have been

24 sold by negotiated sale. Failure to satisfy the requirements in

25 the preceding 2 sentences shall not affect the validity of any

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1 previously issued Bonds; provided that all Bonds authorized by

2 Public Act 96-43 and Public Act 96-1497 shall not be included

3 in determining compliance for any fiscal year with the

4 requirements of the preceding 2 sentences; and further provided

5 that refunding Bonds satisfying the requirements of Section 16

6 of this Act and sold during fiscal year 2009, 2010, 2011, ~~or~~

7 2017, or 2018 shall not be subject to the requirements in the

8 preceding 2 sentences.

9 If any Bonds, including refunding Bonds, are to be sold by

10 negotiated sale, the Director of the Governor's Office of

11 Management and Budget shall comply with the competitive request

12 for proposal process set forth in the Illinois Procurement Code

13 and all other applicable requirements of that Code.

14 If Bonds are to be sold pursuant to notice of sale and

15 public bid, the Director of the Governor's Office of Management

16 and Budget may, from time to time, as Bonds are to be sold,

17 advertise the sale of the Bonds in at least 2 daily newspapers,

18 one of which is published in the City of Springfield and one in

19 the City of Chicago. The sale of the Bonds shall also be

20 advertised in the volume of the Illinois Procurement Bulletin

21 that is published by the Department of Central Management

22 Services, and shall be published once at least 10 days prior to

23 the date fixed for the opening of the bids. The Director of the

24 Governor's Office of Management and Budget may reschedule the

25 date of sale upon the giving of such additional notice as the

26 Director deems adequate to inform prospective bidders of such

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1 change; provided, however, that all other conditions of the

2 sale shall continue as originally advertised.

3 Executed Bonds shall, upon payment therefor, be delivered

4 to the purchaser, and the proceeds of Bonds shall be paid into

5 the State Treasury as directed by Section 12 of this Act.

6 (Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)

7 (30 ILCS 330/16) (from Ch. 127, par. 666)

8 Sec. 16. Refunding Bonds. The State of Illinois is

9 authorized to issue, sell, and provide for the retirement of

10 General Obligation Bonds of the State of Illinois in the amount

11 of $4,839,025,000, at any time and from time to time

12 outstanding, for the purpose of refunding any State of Illinois

13 general obligation Bonds then outstanding, including the

14 payment of any redemption premium thereon, any reasonable

15 expenses of such refunding, any interest accrued or to accrue

16 to the earliest or any subsequent date of redemption or

17 maturity of such outstanding Bonds and any interest to accrue

18 to the first interest payment on the refunding Bonds; provided

19 that all non-refunding Bonds in an issue that includes

20 refunding Bonds shall mature no later than the final maturity

21 date of Bonds being refunded; provided that no refunding Bonds

22 shall be offered for sale unless the net present value of debt

23 service savings to be achieved by the issuance of the refunding

24 Bonds is 3% or more of the principal amount of the refunding

25 Bonds to be issued; and further provided that, except for

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1 refunding Bonds sold in fiscal year 2009, 2010, 2011, ~~or~~ 2017,

2 or 2018, the maturities of the refunding Bonds shall not extend

3 beyond the maturities of the Bonds they refund, so that for

4 each fiscal year in the maturity schedule of a particular issue

5 of refunding Bonds, the total amount of refunding principal

6 maturing and redemption amounts due in that fiscal year and all

7 prior fiscal years in that schedule shall be greater than or

8 equal to the total amount of refunded principal and redemption

9 amounts that had been due over that year and all prior fiscal

10 years prior to the refunding.

11 The Governor shall notify the State Treasurer and

12 Comptroller of such refunding. The proceeds received from the

13 sale of refunding Bonds shall be used for the retirement at

14 maturity or redemption of such outstanding Bonds on any

15 maturity or redemption date and, pending such use, shall be

16 placed in escrow, subject to such terms and conditions as shall

17 be provided for in the Bond Sale Order relating to the

18 Refunding Bonds. Proceeds not needed for deposit in an escrow

19 account shall be deposited in the General Obligation Bond

20 Retirement and Interest Fund. This Act shall constitute an

21 irrevocable and continuing appropriation of all amounts

22 necessary to establish an escrow account for the purpose of

23 refunding outstanding general obligation Bonds and to pay the

24 reasonable expenses of such refunding and of the issuance and

25 sale of the refunding Bonds. Any such escrowed proceeds may be

26 invested and reinvested in direct obligations of the United

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1 States of America, maturing at such time or times as shall be

2 appropriate to assure the prompt payment, when due, of the

3 principal of and interest and redemption premium, if any, on

4 the refunded Bonds. After the terms of the escrow have been

5 fully satisfied, any remaining balance of such proceeds and

6 interest, income and profits earned or realized on the

7 investments thereof shall be paid into the General Revenue

8 Fund. The liability of the State upon the Bonds shall continue,

9 provided that the holders thereof shall thereafter be entitled

10 to payment only out of the moneys deposited in the escrow

11 account.

12 Except as otherwise herein provided in this Section, such

13 refunding Bonds shall in all other respects be subject to the

14 terms and conditions of this Act.

15 (Source: P.A. 99-523, eff. 6-30-16.)

16 Section 25-10. The Build Illinois Bond Act is amended by

17 changing Sections 6, 8, and 15 as follows:

18 (30 ILCS 425/6) (from Ch. 127, par. 2806)

19 Sec. 6. Conditions for Issuance and Sale of Bonds -

20 Requirements for Bonds - Master and Supplemental Indentures -

21 Credit and Liquidity Enhancement.

22 (a) Bonds shall be issued and sold from time to time, in

23 one or more series, in such amounts and at such prices as

24 directed by the Governor, upon recommendation by the Director

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1 of the Governor's Office of Management and Budget. Bonds shall

2 be payable only from the specific sources and secured in the

3 manner provided in this Act. Bonds shall be in such form, in

4 such denominations, mature on such dates within 25 years from

5 their date of issuance, be subject to optional or mandatory

6 redemption, bear interest payable at such times and at such

7 rate or rates, fixed or variable, and be dated as shall be

8 fixed and determined by the Director of the Governor's Office

9 of Management and Budget in an order authorizing the issuance

10 and sale of any series of Bonds, which order shall be approved

11 by the Governor and is herein called a "Bond Sale Order";

12 provided, however, that interest payable at fixed rates shall

13 not exceed that permitted in "An Act to authorize public

14 corporations to issue bonds, other evidences of indebtedness

15 and tax anticipation warrants subject to interest rate

16 limitations set forth therein", approved May 26, 1970, as now

17 or hereafter amended, and interest payable at variable rates

18 shall not exceed the maximum rate permitted in the Bond Sale

19 Order. Said Bonds shall be payable at such place or places,

20 within or without the State of Illinois, and may be made

21 registrable as to either principal only or as to both principal

22 and interest, as shall be specified in the Bond Sale Order.

23 Bonds may be callable or subject to purchase and retirement or

24 remarketing as fixed and determined in the Bond Sale Order.

25 Bonds (i) except for refunding Bonds satisfying the

26 requirements of Section 15 of this Act and sold during fiscal

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1 year 2009, 2010, 2011, ~~or~~ 2017, or 2018, must be issued with

2 principal or mandatory redemption amounts in equal amounts,

3 with the first maturity issued occurring within the fiscal year

4 in which the Bonds are issued or within the next succeeding

5 fiscal year and (ii) must mature or be subject to mandatory

6 redemption each fiscal year thereafter up to 25 years, except

7 for refunding Bonds satisfying the requirements of Section 15

8 of this Act and sold during fiscal year 2009, 2010, or 2011

9 which must mature or be subject to mandatory redemption each

10 fiscal year thereafter up to 16 years.

11 All Bonds authorized under this Act shall be issued

12 pursuant to a master trust indenture ("Master Indenture")

13 executed and delivered on behalf of the State by the Director

14 of the Governor's Office of Management and Budget, such Master

15 Indenture to be in substantially the form approved in the Bond

16 Sale Order authorizing the issuance and sale of the initial

17 series of Bonds issued under this Act. Such initial series of

18 Bonds may, and each subsequent series of Bonds shall, also be

19 issued pursuant to a supplemental trust indenture

20 ("Supplemental Indenture") executed and delivered on behalf of

21 the State by the Director of the Governor's Office of

22 Management and Budget, each such Supplemental Indenture to be

23 in substantially the form approved in the Bond Sale Order

24 relating to such series. The Master Indenture and any

25 Supplemental Indenture shall be entered into with a bank or

26 trust company in the State of Illinois having trust powers and

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1 possessing capital and surplus of not less than $100,000,000.

2 Such indentures shall set forth the terms and conditions of the

3 Bonds and provide for payment of and security for the Bonds,

4 including the establishment and maintenance of debt service and

5 reserve funds, and for other protections for holders of the

6 Bonds. The term "reserve funds" as used in this Act shall

7 include funds and accounts established under indentures to

8 provide for the payment of principal of and premium and

9 interest on Bonds, to provide for the purchase, retirement or

10 defeasance of Bonds, to provide for fees of trustees,

11 registrars, paying agents and other fiduciaries and to provide

12 for payment of costs of and debt service payable in respect of

13 credit or liquidity enhancement arrangements, interest rate

14 swaps or guarantees or financial futures contracts and indexing

15 and remarketing agents' services.

16 In the case of any series of Bonds bearing interest at a

17 variable interest rate ("Variable Rate Bonds"), in lieu of

18 determining the rate or rates at which such series of Variable

19 Rate Bonds shall bear interest and the price or prices at which

20 such Variable Rate Bonds shall be initially sold or remarketed

21 (in the event of purchase and subsequent resale), the Bond Sale

22 Order may provide that such interest rates and prices may vary

23 from time to time depending on criteria established in such

24 Bond Sale Order, which criteria may include, without

25 limitation, references to indices or variations in interest

26 rates as may, in the judgment of a remarketing agent, be

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1 necessary to cause Bonds of such series to be remarketable from

2 time to time at a price equal to their principal amount (or

3 compound accreted value in the case of original issue discount

4 Bonds), and may provide for appointment of indexing agents and

5 a bank, trust company, investment bank or other financial

6 institution to serve as remarketing agent in that connection.

7 The Bond Sale Order may provide that alternative interest rates

8 or provisions for establishing alternative interest rates,

9 different security or claim priorities or different call or

10 amortization provisions will apply during such times as Bonds

11 of any series are held by a person providing credit or

12 liquidity enhancement arrangements for such Bonds as

13 authorized in subsection (b) of Section 6 of this Act.

14 (b) In connection with the issuance of any series of Bonds,

15 the State may enter into arrangements to provide additional

16 security and liquidity for such Bonds, including, without

17 limitation, bond or interest rate insurance or letters of

18 credit, lines of credit, bond purchase contracts or other

19 arrangements whereby funds are made available to retire or

20 purchase Bonds, thereby assuring the ability of owners of the

21 Bonds to sell or redeem their Bonds. The State may enter into

22 contracts and may agree to pay fees to persons providing such

23 arrangements, but only under circumstances where the Director

24 of the Bureau of the Budget (now Governor's Office of

25 Management and Budget) certifies that he reasonably expects the

26 total interest paid or to be paid on the Bonds, together with

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1 the fees for the arrangements (being treated as if interest),

2 would not, taken together, cause the Bonds to bear interest,

3 calculated to their stated maturity, at a rate in excess of the

4 rate which the Bonds would bear in the absence of such

5 arrangements. Any bonds, notes or other evidences of

6 indebtedness issued pursuant to any such arrangements for the

7 purpose of retiring and discharging outstanding Bonds shall

8 constitute refunding Bonds under Section 15 of this Act. The

9 State may participate in and enter into arrangements with

10 respect to interest rate swaps or guarantees or financial

11 futures contracts for the purpose of limiting or restricting

12 interest rate risk; provided that such arrangements shall be

13 made with or executed through banks having capital and surplus

14 of not less than $100,000,000 or insurance companies holding

15 the highest policyholder rating accorded insurers by A.M. Best &

16 Co. or any comparable rating service or government bond

17 dealers reporting to, trading with, and recognized as primary

18 dealers by a Federal Reserve Bank and having capital and

19 surplus of not less than $100,000,000, or other persons whose

20 debt securities are rated in the highest long-term categories

21 by both Moody's Investors' Services, Inc. and Standard & Poor's

22 Corporation. Agreements incorporating any of the foregoing

23 arrangements may be executed and delivered by the Director of

24 the Governor's Office of Management and Budget on behalf of the

25 State in substantially the form approved in the Bond Sale Order

26 relating to such Bonds.

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1 (c) "Build America Bonds" in this Section means Bonds

2 authorized by Section 54AA of the Internal Revenue Code of

3 1986, as amended ("Internal Revenue Code"), and bonds issued

4 from time to time to refund or continue to refund "Build

5 America Bonds".

6 (Source: P.A. 99-523, eff. 6-30-16.)

7 (30 ILCS 425/8) (from Ch. 127, par. 2808)

8 Sec. 8. Sale of Bonds. Bonds, except as otherwise provided

9 in this Section, shall be sold from time to time pursuant to

10 notice of sale and public bid or by negotiated sale in such

11 amounts and at such times as are directed by the Governor, upon

12 recommendation by the Director of the Governor's Office of

13 Management and Budget. At least 25%, based on total principal

14 amount, of all Bonds issued each fiscal year shall be sold

15 pursuant to notice of sale and public bid. At all times during

16 each fiscal year, no more than 75%, based on total principal

17 amount, of the Bonds issued each fiscal year shall have been

18 sold by negotiated sale. Failure to satisfy the requirements in

19 the preceding 2 sentences shall not affect the validity of any

20 previously issued Bonds; and further provided that refunding

21 Bonds satisfying the requirements of Section 15 of this Act and

22 sold during fiscal year 2009, 2010, 2011, ~~or~~ 2017, or 2018

23 shall not be subject to the requirements in the preceding 2

24 sentences.

25 If any Bonds are to be sold pursuant to notice of sale and

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1 public bid, the Director of the Governor's Office of Management

2 and Budget shall comply with the competitive request for

3 proposal process set forth in the Illinois Procurement Code and

4 all other applicable requirements of that Code.

5 If Bonds are to be sold pursuant to notice of sale and

6 public bid, the Director of the Governor's Office of Management

7 and Budget may, from time to time, as Bonds are to be sold,

8 advertise the sale of the Bonds in at least 2 daily newspapers,

9 one of which is published in the City of Springfield and one in

10 the City of Chicago. The sale of the Bonds shall also be

11 advertised in the volume of the Illinois Procurement Bulletin

12 that is published by the Department of Central Management

13 Services, and shall be published once at least 10 days prior to

14 the date fixed for the opening of the bids. The Director of the

15 Governor's Office of Management and Budget may reschedule the

16 date of sale upon the giving of such additional notice as the

17 Director deems adequate to inform prospective bidders of the

18 change; provided, however, that all other conditions of the

19 sale shall continue as originally advertised. Executed Bonds

20 shall, upon payment therefor, be delivered to the purchaser,

21 and the proceeds of Bonds shall be paid into the State Treasury

22 as directed by Section 9 of this Act. The Governor or the

23 Director of the Governor's Office of Management and Budget is

24 hereby authorized and directed to execute and deliver contracts

25 of sale with underwriters and to execute and deliver such

26 certificates, indentures, agreements and documents, including

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1 any supplements or amendments thereto, and to take such actions

2 and do such things as shall be necessary or desirable to carry

3 out the purposes of this Act. Any action authorized or

4 permitted to be taken by the Director of the Governor's Office

5 of Management and Budget pursuant to this Act is hereby

6 authorized to be taken by any person specifically designated by

7 the Governor to take such action in a certificate signed by the

8 Governor and filed with the Secretary of State.

9 (Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)

10 (30 ILCS 425/15) (from Ch. 127, par. 2815)

11 Sec. 15. Refunding Bonds. Refunding Bonds are hereby

12 authorized for the purpose of refunding any outstanding Bonds,

13 including the payment of any redemption premium thereon, any

14 reasonable expenses of such refunding, and any interest accrued

15 or to accrue to the earliest or any subsequent date of

16 redemption or maturity of outstanding Bonds; provided that all

17 non-refunding Bonds in an issue that includes refunding Bonds

18 shall mature no later than the final maturity date of Bonds

19 being refunded; provided that no refunding Bonds shall be

20 offered for sale unless the net present value of debt service

21 savings to be achieved by the issuance of the refunding Bonds

22 is 3% or more of the principal amount of the refunding Bonds to

23 be issued; and further provided that, except for refunding

24 Bonds sold in fiscal year 2009, 2010, 2011, ~~or~~ 2017, or 2018,

25 the maturities of the refunding Bonds shall not extend beyond

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1 the maturities of the Bonds they refund, so that for each

2 fiscal year in the maturity schedule of a particular issue of

3 refunding Bonds, the total amount of refunding principal

4 maturing and redemption amounts due in that fiscal year and all

5 prior fiscal years in that schedule shall be greater than or

6 equal to the total amount of refunded principal and redemption

7 amounts that had been due over that year and all prior fiscal

8 years prior to the refunding.

9 Refunding Bonds may be sold in such amounts and at such

10 times, as directed by the Governor upon recommendation by the

11 Director of the Governor's Office of Management and Budget. The

12 Governor shall notify the State Treasurer and Comptroller of

13 such refunding. The proceeds received from the sale of

14 refunding Bonds shall be used for the retirement at maturity or

15 redemption of such outstanding Bonds on any maturity or

16 redemption date and, pending such use, shall be placed in

17 escrow, subject to such terms and conditions as shall be

18 provided for in the Bond Sale Order relating to the refunding

19 Bonds. This Act shall constitute an irrevocable and continuing

20 appropriation of all amounts necessary to establish an escrow

21 account for the purpose of refunding outstanding Bonds and to

22 pay the reasonable expenses of such refunding and of the

23 issuance and sale of the refunding Bonds. Any such escrowed

24 proceeds may be invested and reinvested in direct obligations

25 of the United States of America, maturing at such time or times

26 as shall be appropriate to assure the prompt payment, when due,

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1 of the principal of and interest and redemption premium, if

2 any, on the refunded Bonds. After the terms of the escrow have

3 been fully satisfied, any remaining balance of such proceeds

4 and interest, income and profits earned or realized on the

5 investments thereof shall be paid into the General Revenue

6 Fund. The liability of the State upon the refunded Bonds shall

7 continue, provided that the holders thereof shall thereafter be

8 entitled to payment only out of the moneys deposited in the

9 escrow account and the refunded Bonds shall be deemed paid,

10 discharged and no longer to be outstanding.

11 Except as otherwise herein provided in this Section, such

12 refunding Bonds shall in all other respects be issued pursuant

13 to and subject to the terms and conditions of this Act and

14 shall be secured by and payable from only the funds and sources

15 which are provided under this Act.

16 (Source: P.A. 99-523, eff. 6-30-16.)

17 ARTICLE 30. SPENDING CAPS

18 Section 30-5. The Illinois Income Tax Act is amended by

19 adding Section 201.6 as follows:

20 (35 ILCS 5/201.6 new)

21 Sec. 201.6. Fiscal Year 2018 spending limitation and tax

22 reduction.

23 (a) If, in State fiscal year 2018, State spending exceeds

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1 the State spending limitation set forth in subsection (b) of

2 this Section for that fiscal year, then the tax rates for:

3 (1) individuals, trusts, and estates set forth in

4 paragraphs (5.3) and (5.4) of subsection (b) of Section

5 201, as amended by Senate Bill 9 of the 100th General

6 Assembly, shall be reduced, according to the procedures set

7 forth in this Section, to 3.75% of the taxpayer's net

8 income for that taxable year and for each taxable year

9 thereafter; and

10 (2) corporations set forth in paragraphs (13) and (14)

11 of subsection (b) of Section 201, as amended by Senate Bill

12 9 of the 100th General Assembly, shall be reduced,

13 according to the procedures set forth in this Section, to

14 5.25% of the taxpayer's net income for that taxable year

15 and for each taxable year thereafter.

16 (b) The State spending limitation for fiscal year 2018

17 shall be $37,316,000,000 except for: increases over amounts

18 appropriated in fiscal year 2018, as required pursuant to

19 certifications of the Boards of Trustees for the General

20 Assembly Retirement System, Judges Retirement System of

21 Illinois, State Employees' Retirement System of Illinois,

22 Teachers' Retirement System of the State of Illinois, and State

23 Universities Retirement System; increases over amounts

24 transferred in fiscal year 2018 in amounts required to be

25 transferred under Section 15 of the General Obligation Bond

26 Act; or increases over payments made in fiscal year 2018 in

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1 payments to the Health Insurance Reserve Fund necessary to

2 cover state obligations of the State Employees Group Insurance

3 Act of 1971.

4 (c) Notwithstanding any provision of law to the contrary,

5 the Auditor General shall examine each Public Act authorizing

6 State spending from State general funds and prepare a report no

7 later than 30 days after receiving notification of the Public

8 Act from the Secretary of State or 60 days after the effective

9 date of the Public Act, whichever is earlier. The Auditor

10 General shall file the report with the Secretary of State and

11 copies with the Governor, the State Treasurer, the State

12 Comptroller, the Senate, and the House of Representatives. The

13 report shall indicate: (i) the amount of State spending set

14 forth in the applicable Public Act; (ii) the total amount of

15 State spending authorized by law for the applicable fiscal year

16 as of the date of the report; and (iii) whether State spending

17 exceeds the State spending limitation set forth in subsection

18 (b). The Auditor General may examine multiple Public Acts in

19 one consolidated report, provided that each Public Act is

20 examined within the time period mandated by this subsection

21 (c). The Auditor General shall issue reports in accordance with

22 this Section through June 30, 2018, or the effective date of a

23 reduction as provided for in this Section in the rates of tax

24 set forth in paragraphs (5.3), (5.4), (13), and (14) of

25 subsection (b) of Section 201, as amended by Senate Bill 9 of

26 the 100th General Assembly, whichever is earlier. At the

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1 request of the Auditor General, each State agency shall,

2 without delay, make available to the Auditor General or his or

3 her designated representative any record or information

4 requested and shall provide for examination or copying all

5 records, accounts, papers, reports, vouchers, correspondence,

6 books and other documentation in the custody of that agency,

7 including information stored in electronic data processing

8 systems, which is related to or within the scope of a report

9 prepared under this Section. The Auditor General shall report

10 to the Governor each instance in which a State agency fails to

11 cooperate promptly and fully with his or her office as required

12 by this Section. The Auditor General's report shall not be in

13 the nature of a post-audit or examination and shall not lead to

14 the issuance of an opinion as that term is defined in generally

15 accepted government auditing standards.

16 (d) If the Auditor General reports that State spending has

17 exceeded the State spending limitation for the fiscal year set

18 forth in subsection (b) and if the Governor has not been

19 presented with a bill or bills passed by the General Assembly

20 to reduce State spending to a level that does not exceed the

21 State spending limitation within 45 calendar days of receipt of

22 the Auditor General's report, then the Governor may, for the

23 purpose of reducing State spending to a level that does not

24 exceed the State spending limitation for the fiscal year set

25 forth in subsection (b), designate amounts to be set aside as a

26 reserve from the amounts appropriated from the State general

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1 funds for all boards, commissions, agencies, institutions,

2 authorities, colleges, universities, and bodies politic and

3 corporate of the State, but not other constitutional officers,

4 the legislative or judicial branch, the office of the Executive

5 Inspector General, or the Executive Ethics Commission. Such a

6 designation must be made within 15 calendar days after the end

7 of that 45-day period. If the Governor designates amounts to be

8 set aside as a reserve, the Governor shall give notice of the

9 designation to the Auditor General, the State Treasurer, the

10 State Comptroller, the Senate, and the House of

11 Representatives. The amounts placed in reserves shall not be

12 transferred, obligated, encumbered, expended, or otherwise

13 committed unless so authorized by law. Any amount placed in

14 reserves is not State spending and shall not be considered when

15 calculating the total amount of State spending for the fiscal

16 year. Any Public Act authorizing the use of amounts placed in

17 reserve by the Governor is considered State spending, unless

18 such Public Act authorizes the use of amounts placed in

19 reserves in response to a fiscal emergency under subsection

20 (g).

21 (e) If the Auditor General reports under subsection (c)

22 that State spending has exceeded the State spending limitation

23 set forth for the fiscal year in subsection (b), then the

24 Auditor General shall issue a supplemental report no sooner

25 than the 61st day and no later than the 65th day after issuing

26 the report pursuant to subsection (c). The supplemental report

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1 shall: (i) summarize details of actions taken by the General

2 Assembly and the Governor after the issuance of the initial

3 report to reduce State spending, if any, (ii) indicate whether

4 the level of State spending has changed since the initial

5 report, and (iii) indicate whether State spending exceeds the

6 State spending limitation. The Auditor General shall file the

7 report with the Secretary of State and copies with the

8 Governor, the State Treasurer, the State Comptroller, the

9 Senate, and the House of Representatives. If the supplemental

10 report of the Auditor General indicates that State spending

11 exceeds the State spending limitation for that fiscal year,

12 then the rates of tax set forth in paragraphs (5.3), (5.4),

13 (13), and (14) of subsection (b) of Section 201, as amended by

14 Senate Bill 9 of the 100th General Assembly, are reduced as

15 provided in subsection (a) of this Section, beginning on the

16 first day of the first month to occur not less than 30 days

17 after issuance of the supplemental report.

18 (f) Should the rates of tax be reduced under this Section,

19 the tax imposed by subsections (a) and (b) of Section 201 shall

20 be determined as follows:

21 (1) In the case of an individual, trust, or estate, the

22 tax shall be imposed in an amount equal to the sum of (i)

23 the rate applicable to the taxpayer under subsection (b) of

24 Section 201 (without regard to the provisions of this

25 Section) times the taxpayer's net income for any portion of

26 the taxable year prior to the effective date of the

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1 reduction, and (ii) 3.75% of the taxpayer's net income for

2 any portion of the taxable year on or after the effective

3 date of the reduction.

4 (2) In the case of a corporation, the tax shall be

5 imposed in an amount equal to the sum of (i) the rate

6 applicable to the taxpayer under subsection (b) of Section

7 201 (without regard to the provisions of this Section)

8 times the taxpayer's net income for any portion of the

9 taxable year prior to the effective date of the reduction,

10 and (ii) 5.25% of the taxpayer's net income for any portion

11 of the taxable year on or after the effective date of the

12 reduction.

13 (3) For any taxpayer for whom the rate has been reduced

14 under this Section for a portion of a taxable year, the

15 taxpayer shall determine the net income for each portion of

16 the taxable year following the rules set forth in Section

17 202.5, as amended by Senate Bill 9 of the 100th General

18 Assembly, using the effective date of the rate reduction

19 rather than the January 1 dates found in that Section, and

20 the day before the effective date of the rate reduction

21 rather than the December 31 dates found in that Section.

22 (4) If the rate applicable to the taxpayer under

23 subsection (b) of Section 201 (without regard to the

24 provisions of this Section) changes during a portion of the

25 taxable year to which that rate is applied under paragraphs

26 (1) or (2) of this subsection (f), the tax for that portion

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1 of the taxable year for purposes of paragraph (1) or (2) of

2 this subsection (f) shall be determined as if that portion

3 of the taxable year were a separate taxable year, following

4 the rules set forth in Section 202.5, as amended by Senate

5 Bill 9 of the 100th General Assembly. If the taxpayer

6 elects to follow the rules set forth in subsection (b) of

7 Section 202.5, as amended by Senate Bill 9 of the 100th

8 General Assembly, then the taxpayer shall follow the rules

9 set forth in subsection (b) of Section 202.5, as amended by

10 Senate Bill 9 of the 100th General Assembly, for all

11 purposes of this Section for that taxable year.

12 (g) Notwithstanding the State spending limitation set

13 forth in subsection (b) of this Section, the Governor may, with

14 the written consent of the State Treasurer and the State

15 Comptroller, declare a fiscal emergency by filing a declaration

16 with the Secretary of State and copies with the State

17 Treasurer, the State Comptroller, the Senate, and the House of

18 Representatives. The declaration: must be limited to only one

19 State fiscal year, must set forth compelling reasons for

20 declaring a fiscal emergency, may reference amounts required to

21 be transferred under Section 15 of the General Obligation Bond

22 Act, and must request a specific dollar amount. State spending

23 authorized by law to address the fiscal emergency in an amount

24 no greater than the dollar amount specified in the declaration

25 shall not be considered "State spending" for purposes of the

26 State spending limitation.

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1 (h) As used in this Section:

2 "State general funds" has the meaning provided in Section

3 50-40 of the State Budget Law.

4 "State spending" means (i) the total amount authorized for

5 spending by appropriation or statutory transfer from the State

6 general funds in the applicable fiscal year, and (ii) any

7 amounts the Governor places in reserves in accordance with

8 subsection (d) that are subsequently released from reserves

9 following authorization by a Public Act. For the purpose of

10 this definition, "appropriation" means authority to spend

11 money from a State general fund for a specific amount, purpose,

12 and time period, including any supplemental appropriation or

13 continuing appropriation, but does not include

14 reappropriations from a previous fiscal year. For the purpose

15 of this definition, "statutory transfer" means authority to

16 transfer funds from one State general fund to any other fund in

17 the State treasury, but does not include transfers made from

18 one State general fund to another State general fund.

19 "State spending limitation" means the amount described in

20 subsection (b) of this Section for the applicable fiscal year.

21 ARTICLE 35. TOURISM FUNDS

22 Section 35-5. The Department of Commerce and Economic

23 Opportunity Law of the Civil Administrative Code of Illinois is

24 amended by changing Section 605-710 as follows:

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1 (20 ILCS 605/605-710)

2 Sec. 605-710. Regional tourism development organizations.

3 (a) The Department may, subject to appropriation, provide

4 grants from the Tourism Promotion Fund for the administrative

5 costs of not-for-profit regional tourism development

6 organizations that assist the Department in developing tourism

7 throughout a multi-county geographical area designated by the

8 Department. Regional tourism development organizations

9 receiving funds under this Section may be required by the

10 Department to submit to audits of contracts awarded by the

11 Department to determine whether the regional tourism

12 development organization has performed all contractual

13 obligations under those contracts.

14 Every employee of a regional tourism development

15 organization receiving funds under this Section shall disclose

16 to the organization's governing board and to the Department any

17 economic interest that employee may have in any entity with

18 which the regional tourism development organization has

19 contracted or to which the regional tourism development

20 organization has granted funds.

21 (b) The Department, from moneys ~~transferred from the~~

22 ~~General Revenue Fund to the Tourism Promotion Fund and~~

23 appropriated from the Tourism Promotion Fund, shall first

24 provide funding of $5,000,000 annually to a governmental entity

25 with at least 2,000,000 square feet of exhibition space that

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1 has as part of its duties the promotion of cultural, scientific

2 and trade exhibits and events within a county with a population

3 of more than 3,000,000, to be used for any of the governmental

4 entity's general corporate purposes.

5 (Source: P.A. 92-11, eff. 6-11-01; 92-38, eff. 6-28-01; 92-651,

6 eff. 7-11-02.)

7 Section 35-10. The Illinois Promotion Act is amended by

8 changing Sections 4a, 5, and 8 as follows:

9 (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)

10 Sec. 4a. Funds.

11 (1) All moneys deposited in the Tourism Promotion Fund

12 pursuant to this subsection are allocated to the Department for

13 utilization, as appropriated, in the performance of its powers

14 under Section 4; except that during fiscal year 2013, the

15 Department shall reserve $9,800,000 of the total funds

16 available for appropriation in the Tourism Promotion Fund for

17 appropriation to the Historic Preservation Agency for the

18 operation of the Abraham Lincoln Presidential Library and

19 Museum and State historic sites.

20 As soon as possible after the first day of each month,

21 beginning July 1, 1997and ending on June 30, 2017, upon

22 certification of the Department of Revenue, the Comptroller

23 shall order transferred and the Treasurer shall transfer from

24 the General Revenue Fund to the Tourism Promotion Fund an

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1 amount equal to 13% of the net revenue realized from the Hotel

2 Operators' Occupation Tax Act plus an amount equal to 13% of

3 the net revenue realized from any tax imposed under Section

4 4.05 of the Chicago World's Fair-1992 Authority Act during the

5 preceding month. "Net revenue realized for a month" means the

6 revenue collected by the State under that Act during the

7 previous month less the amount paid out during that same month

8 as refunds to taxpayers for overpayment of liability under that

9 Act.

10 (1.1) (Blank).

11 (2) As soon as possible after the first day of each month,

12 beginning July 1, 1997and ending on June 30, 2017, upon

13 certification of the Department of Revenue, the Comptroller

14 shall order transferred and the Treasurer shall transfer from

15 the General Revenue Fund to the Tourism Promotion Fund an

16 amount equal to 8% of the net revenue realized from the Hotel

17 Operators' Occupation Tax plus an amount equal to 8% of the net

18 revenue realized from any tax imposed under Section 4.05 of the

19 Chicago World's Fair-1992 Authority Act during the preceding

20 month. "Net revenue realized for a month" means the revenue

21 collected by the State under that Act during the previous month

22 less the amount paid out during that same month as refunds to

23 taxpayers for overpayment of liability under that Act.

24 All monies deposited in the Tourism Promotion Fund under

25 this subsection (2) shall be used solely as provided in this

26 subsection to advertise and promote tourism throughout

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1 Illinois. Appropriations of monies deposited in the Tourism

2 Promotion Fund pursuant to this subsection (2) shall be used

3 solely for advertising to promote tourism, including but not

4 limited to advertising production and direct advertisement

5 costs, but shall not be used to employ any additional staff,

6 finance any individual event, or lease, rent or purchase any

7 physical facilities. The Department shall coordinate its

8 advertising under this subsection (2) with other public and

9 private entities in the State engaged in similar promotion

10 activities. Print or electronic media production made pursuant

11 to this subsection (2) for advertising promotion shall not

12 contain or include the physical appearance of or reference to

13 the name or position of any public officer. "Public officer"

14 means a person who is elected to office pursuant to statute, or

15 who is appointed to an office which is established, and the

16 qualifications and duties of which are prescribed, by statute,

17 to discharge a public duty for the State or any of its

18 political subdivisions.

19 (3) Notwithstanding anything in this Section to the

20 contrary, amounts transferred from the General Revenue Fund to

21 the Tourism Promotion Fund pursuant to this Section shall not

22 exceed $26,300,000 in State fiscal year 2012.

23 (4) As soon as possible after the first day of each month,

24 beginning July 1, 2017, if the amount of revenue deposited into

25 the Tourism Promotion Fund under subsection (c) of Section 6 of

26 the Hotel Operators' Occupation Tax Act is less than 21% of the

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1 net revenue realized from the Hotel Operators' Occupation Tax

2 during the preceding month, then, upon certification of the

3 Department of Revenue, the State Comptroller shall direct and

4 the State Treasurer shall transfer from the General Revenue

5 Fund to the Tourism Promotion Fund an amount equal to the

6 difference between 21% of the net revenue realized from the

7 Hotel Operators' Occupation Tax during the preceding month and

8 the amount of revenue deposited into the Tourism Promotion Fund

9 under subsection (c) of Section 6 of the Hotel Operators'

10 Occupation Tax Act.

11 (5) Beginning on July 1, 2017, moneys deposited into the

12 Tourism Promotion Fund under subsection (c) of Section 6 of the

13 Hotel Operators' Occupation Tax Act may be used by the

14 Department of Commerce and Economic Opportunity for the

15 purposes authorized in the Illinois Promotion Act and for

16 advertising to promote tourism, including but not limited to

17 advertising production and direct advertisement costs.

18 (Source: P.A. 97-641, eff. 12-19-11; 97-732, eff. 6-30-12.)

19 (20 ILCS 665/5) (from Ch. 127, par. 200-25)

20 Sec. 5. Marketing and private sector programs.

21 (a) The Department is authorized to make grants, subject to

22 appropriation, from~~funds transferred into~~the Tourism

23 Promotion Fund ~~under subsection (1) of Section 4a~~to counties,

24 municipalities, not-for-profit organizations, and local

25 promotion groups and to assist such counties, municipalities

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1 and local promotion groups in the promotion of tourism

2 attractions and tourism events. The Department, after review of

3 the application and if satisfied that the program and proposed

4 expenditures of the applicant appear to be in accord with the

5 purposes of this Act, must grant to the applicant an amount not

6 to exceed 60% of the proposed expenditures.

7 (b) The Department may make grants, subject to

8 appropriation, from~~funds transferred into~~ the Tourism

9 Promotion Fund ~~under subsection (1) of Section 4a~~ to counties,

10 municipalities, not-for-profit organizations, local promotion

11 groups, and for-profit businesses to assist in attracting and

12 hosting tourism events matched with funds from sources in the

13 private sector. The Department, after review of the application

14 and if satisfied that the program and proposed expenditures of

15 the applicant appear to be in accord with the purposes of this

16 Act, must grant to the applicant an amount not to exceed 50% of

17 the proposed expenditures.

18 Before any such grant may be made the county, municipality,

19 not-for-profit organization, local promotion group, or

20 for-profit business must make application to the Department for

21 such grant, setting forth the studies, surveys and

22 investigations proposed to be made and other activities

23 proposed to be undertaken. The application shall further state,

24 under oath or affirmation, with evidence thereof satisfactory

25 to the Department, the amount of funds held by, committed to or

26 subscribed to, and proposed to be expended by, the applicant

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1 for the purposes herein described and the amount of the grant

2 for which application is made.

3 (Source: P.A. 92-38, eff. 6-28-01.)

4 (20 ILCS 665/8) (from Ch. 127, par. 200-28)

5 Sec. 8. Allocation of appropriations.

6 (1) Amounts ~~transferred under subsection (1) of Section 4a~~

7 that are appropriated from the Tourism Promotion Fund to the

8 Department for the purpose of making grants under Sections 5

9 and 6 of this Act shall be allocated by the Department as

10 follows:

11 (a) 62.5% to local promotion groups, municipalities,

12 and counties not wholly or partially within any county of

13 more than 1 million population;

14 (b) 37.5% to local promotion groups, municipalities,

15 and counties wholly or partially within any county of more

16 than 1 million population.

17 However, if sufficient local funds cannot be raised to

18 match the allocation made under either paragraph (a) or (b) of

19 this subsection, such appropriations may be reallocated, in

20 whole or in part, to any applicant or applicants able to

21 qualify for a grant or may be used by the Department to promote

22 the tourist attractions of the State of Illinois as a whole.

23 (2) Amounts ~~transferred under subsection (1) of Section 4a~~

24 that are appropriated from the Tourism Promotion Fund to the

25 Department for the purpose of making grants under Sections 5

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1 and 6 of this Act to match funds from the private sector may be

2 used by the Department in any county of this State.

3 (Source: P.A. 90-26, eff. 7-1-97.)

4 Section 35-20. The Hotel Operators' Occupation Tax Act is

5 amended by changing Section 6 as follows:

6 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)

7 Sec. 6. Filing of returns and distribution of proceeds.

8 Except as provided hereinafter in this Section, on or

9 before the last day of each calendar month, every person

10 engaged in the business of renting, leasing or letting rooms in

11 a hotel in this State during the preceding calendar month shall

12 file a return with the Department, stating:

13 1. The name of the operator;

14 2. His residence address and the address of his

15 principal place of business and the address of the

16 principal place of business (if that is a different

17 address) from which he engages in the business of renting,

18 leasing or letting rooms in a hotel in this State;

19 3. Total amount of rental receipts received by him

20 during the preceding calendar month from renting, leasing

21 or letting rooms during such preceding calendar month;

22 4. Total amount of rental receipts received by him

23 during the preceding calendar month from renting, leasing

24 or letting rooms to permanent residents during such

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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.

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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

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1 under this Section shall, at the time of filing such return,

2 pay to the Department the amount of tax imposed by this Act

3 less a discount of 2.1% or $25 per calendar year, whichever is

4 greater, which is allowed to reimburse the operator for the

5 expenses incurred in keeping records, preparing and filing

6 returns, remitting the tax and supplying data to the Department

7 on request.

8 There shall be deposited in the Build Illinois Fund in the

9 State Treasury for each State fiscal year 40% of the amount of

10 total net proceeds from the tax imposed by subsection (a) of

11 Section 3. Of the remaining 60%, $5,000,000 shall be deposited

12 in the Illinois Sports Facilities Fund and credited to the

13 Subsidy Account each fiscal year by making monthly deposits in

14 the amount of 1/8 of $5,000,000 plus cumulative deficiencies in

15 such deposits for prior months, and an additional $8,000,000

16 shall be deposited in the Illinois Sports Facilities Fund and

17 credited to the Advance Account each fiscal year by making

18 monthly deposits in the amount of 1/8 of $8,000,000 plus any

19 cumulative deficiencies in such deposits for prior months;

20 provided, that for fiscal years ending after June 30, 2001, the

21 amount to be so deposited into the Illinois Sports Facilities

22 Fund and credited to the Advance Account each fiscal year shall

23 be increased from $8,000,000 to the then applicable Advance

24 Amount and the required monthly deposits beginning with July

25 2001 shall be in the amount of 1/8 of the then applicable

26 Advance Amount plus any cumulative deficiencies in those

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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

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1 month shall be deposited in the Local Tourism Fund each month

2 for purposes authorized by Section 605-705 of the Department of

3 Commerce and Economic Opportunity Law (20 ILCS 605/605-705). Of

4 the remaining 60% of the amount of total net proceeds beginning

5 on August 1, 2011 from the tax imposed by subsection (a) of

6 Section 3 after all required deposits in the Illinois Sports

7 Facilities Fund, an amount equal to 8% of the net revenue

8 realized from this Act plus an amount equal to 8% of the net

9 revenue realized from any tax imposed under Section 4.05 of the

10 Chicago World's Fair-1992 Authority Act during the preceding

11 month shall be deposited as follows: 18% of such amount shall

12 be deposited into the Chicago Travel Industry Promotion Fund

13 for the purposes described in subsection (n) of Section 5 of

14 the Metropolitan Pier and Exposition Authority Act and the

15 remaining 82% of such amount shall be deposited into the Local

16 Tourism Fund each month for purposes authorized by Section

17 605-705 of the Department of Commerce and Economic Opportunity

18 Law. Beginning on August 1, 1999 and ending on July 31, 2011,

19 an amount equal to 4.5% of the net revenue realized from the

20 Hotel Operators' Occupation Tax Act during the preceding month

21 shall be deposited into the International Tourism Fund for the

22 purposes authorized in Section 605-707 of the Department of

23 Commerce and Economic Opportunity Law. Beginning on August 1,

24 2011, an amount equal to 4.5% of the net revenue realized from

25 this Act during the preceding month shall be deposited as

26 follows: 55% of such amount shall be deposited into the Chicago

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1 Travel Industry Promotion Fund for the purposes described in

2 subsection (n) of Section 5 of the Metropolitan Pier and

3 Exposition Authority Act and the remaining 45% of such amount

4 deposited into the International Tourism Fund for the purposes

5 authorized in Section 605-707 of the Department of Commerce and

6 Economic Opportunity Law. "Net revenue realized for a month"

7 means the revenue collected by the State under that Act during

8 the previous month less the amount paid out during that same

9 month as refunds to taxpayers for overpayment of liability

10 under that Act.

11 After making all these deposits, all other proceeds of the

12 tax imposed under subsection (a) of Section 3 shall be

13 deposited in the Tourism Promotion ~~General Revenue~~Fund in the

14 State Treasury. All moneys received by the Department from the

15 additional tax imposed under subsection (b) of Section 3 shall

16 be deposited into the Build Illinois Fund in the State

17 Treasury.

18 The Department may, upon separate written notice to a

19 taxpayer, require the taxpayer to prepare and file with the

20 Department on a form prescribed by the Department within not

21 less than 60 days after receipt of the notice an annual

22 information return for the tax year specified in the notice.

23 Such annual return to the Department shall include a statement

24 of gross receipts as shown by the operator's last State income

25 tax return. If the total receipts of the business as reported

26 in the State income tax return do not agree with the gross

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1 receipts reported to the Department for the same period, the

2 operator shall attach to his annual information return a

3 schedule showing a reconciliation of the 2 amounts and the

4 reasons for the difference. The operator's annual information

5 return to the Department shall also disclose pay roll

6 information of the operator's business during the year covered

7 by such return and any additional reasonable information which

8 the Department deems would be helpful in determining the

9 accuracy of the monthly, quarterly or annual tax returns by

10 such operator as hereinbefore provided for in this Section.

11 If the annual information return required by this Section

12 is not filed when and as required the taxpayer shall be liable

13 for a penalty in an amount determined in accordance with

14 Section 3-4 of the Uniform Penalty and Interest Act until such

15 return is filed as required, the penalty to be assessed and

16 collected in the same manner as any other penalty provided for

17 in this Act.

18 The chief executive officer, proprietor, owner or highest

19 ranking manager shall sign the annual return to certify the

20 accuracy of the information contained therein. Any person who

21 willfully signs the annual return containing false or

22 inaccurate information shall be guilty of perjury and punished

23 accordingly. The annual return form prescribed by the

24 Department shall include a warning that the person signing the

25 return may be liable for perjury.

26 The foregoing portion of this Section concerning the filing

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1 of an annual information return shall not apply to an operator

2 who is not required to file an income tax return with the

3 United States Government.

4 (Source: P.A. 97-617, eff. 10-26-11.)

5 ARTICLE 99. MISCELLANEOUS PROVISIONS

6 Section 99-90. The State Mandates Act is amended by adding

7 Section 8.41 as follows:

8 (30 ILCS 805/8.41 new)

9 Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8

10 of this Act, no reimbursement by the State is required for the

11 implementation of any mandate created by this amendatory Act of

12 the 100th General Assembly.

13 Section 99-95. No acceleration or delay. Where this Act

14 makes changes in a statute that is represented in this Act by

15 text that is not yet or no longer in effect (for example, a

16 Section represented by multiple versions), the use of that text

17 does not accelerate or delay the taking effect of (i) the

18 changes made by this Act or (ii) provisions derived from any

19 other Public Act.

20 Section 99-99. Effective date. This Act takes effect upon

21 becoming law.".