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| Public Act 094-0839 |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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ARTICLE 1. SHORT TITLE; PURPOSE | ||||
Section 1-1. Short title. This Act may be cited as the | ||||
FY2007 Budget
Implementation (Finance) Act. | ||||
Section 1-3. Purpose. The purpose of this Act is to make | ||||
changes
in State programs that are necessary to implement the | ||||
Governor's FY2007
budget recommendations concerning finance.
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ARTICLE 5. AMENDATORY PROVISIONS | ||||
Section 5-5. The State Employees Group Insurance Act of | ||||
1971 is amended by changing Sections 6.10, 10, and 13.1 as | ||||
follows:
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(5 ILCS 375/6.10)
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Sec. 6.10. Contributions to the Community College Health | ||||
Insurance
Security Fund.
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(a) Beginning January 1, 1999, every active contributor of | ||||
the State
Universities Retirement System (established under | ||||
Article 15 of the Illinois
Pension Code) who (1) is a full-time | ||||
employee of a community college district
(other than a | ||||
community college district subject to Article VII of the Public
| ||||
Community College Act)
or an association of community college | ||||
boards and (2) is not an employee as
defined in Section 3 of | ||||
this Act shall make contributions toward the cost of
community | ||||
college annuitant and survivor health benefits at the rate of | ||||
0.50%
of salary.
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These contributions shall be deducted by the employer and | ||||
paid to the State
Universities Retirement System as service | ||||
agent for the Department of Central
Management Services. The | ||
System may use the same processes for collecting the
| ||
contributions required by this subsection that it uses to | ||
collect the
contributions received from those employees under | ||
Section 15-157 of the
Illinois Pension Code. An employer may | ||
agree to pick up or pay the
contributions required under this | ||
subsection on behalf of the employee;
such contributions shall | ||
be deemed to have been paid by the employee.
| ||
The State Universities Retirement System shall promptly | ||
deposit all moneys
collected under this subsection (a) into the | ||
Community College Health Insurance
Security Fund created in | ||
Section 6.9 of this Act. The moneys collected under
this | ||
Section shall be used only for the purposes authorized in | ||
Section 6.9 of
this Act and shall not be considered to be | ||
assets of the State Universities
Retirement System. | ||
Contributions made under this Section are not transferable
to | ||
other pension funds or retirement systems and are not | ||
refundable upon
termination of service.
| ||
(b) Beginning January 1, 1999, every community college | ||
district
(other than a community college district subject to | ||
Article VII of the Public
Community College Act) or association
| ||
of community college boards that is an employer under the State | ||
Universities
Retirement System shall contribute toward the | ||
cost of the community college
health benefits provided under | ||
Section 6.9 of this Act an amount equal to 0.50%
of the salary | ||
paid to its full-time employees who participate in the State
| ||
Universities Retirement System and are not members as defined | ||
in Section 3 of
this Act.
| ||
These contributions shall be paid by the employer to the | ||
State Universities
Retirement System as service agent for the | ||
Department of Central Management
Services. The System may use | ||
the same processes for collecting the
contributions required by | ||
this subsection that it uses to collect the
contributions | ||
received from those employers under Section 15-155 of the
| ||
Illinois Pension Code.
| ||
The State Universities Retirement System shall promptly | ||
deposit all moneys
collected under this subsection (b) into the | ||
Community College Health Insurance
Security Fund created in | ||
Section 6.9 of this Act. The moneys collected under
this | ||
Section shall be used only for the purposes authorized in | ||
Section 6.9 of
this Act and shall not be considered to be | ||
assets of the State Universities
Retirement System. | ||
Contributions made under this Section are not transferable
to | ||
other pension funds or retirement systems and are not | ||
refundable upon
termination of service.
| ||
(c) On or before November 15 of each year, the Board of | ||
Trustees of the
State Universities Retirement System shall | ||
certify to the Governor, the
Director of Central Management | ||
Services, and the State
Comptroller its estimate of the total | ||
amount of contributions to be paid under
subsection (a) of this | ||
Section for the next fiscal year. Beginning in fiscal year | ||
2008, the amount certified shall be decreased or increased each | ||
year by the amount that the actual active employee | ||
contributions either fell short of or exceeded the estimate | ||
used by the Board in making the certification for the previous | ||
fiscal year. The State Universities Retirement System shall | ||
calculate the amount of actual active employee contributions in | ||
fiscal years 1999 through 2005. Based upon this calculation, | ||
the fiscal year 2008 certification shall include an amount | ||
equal to the cumulative amount that the actual active employee | ||
contributions either fell short of or exceeded the estimate | ||
used by the Board in making the certification for those fiscal | ||
years. The certification
shall include a detailed explanation | ||
of the methods and information that the
Board relied upon in | ||
preparing its estimate. As soon as possible after the
effective | ||
date of this Section, the Board shall submit its estimate for | ||
fiscal
year 1999.
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(d) Beginning in fiscal year 1999, on the first day of each | ||
month, or as
soon thereafter as may be practical, the State | ||
Treasurer and the State
Comptroller shall transfer from the | ||
General Revenue Fund to the Community
College Health Insurance | ||
Security Fund 1/12 of the annual amount appropriated
for that | ||
fiscal year to the State Comptroller for deposit into the | ||
Community
College Health Insurance Security Fund under Section | ||
1.4 of the State Pension
Funds Continuing Appropriation Act.
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(e) Except where otherwise specified in this Section, the | ||
definitions
that apply to Article 15 of the Illinois Pension | ||
Code apply to this Section.
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(Source: P.A. 90-497, eff. 8-18-97; 91-887, eff. 7-6-00.)
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(5 ILCS 375/10) (from Ch. 127, par. 530)
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Sec. 10. Payments by State; premiums.
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(a) The State shall pay the cost of basic non-contributory | ||
group life
insurance and, subject to member paid contributions | ||
set by the Department or
required by this Section, the basic | ||
program of group health benefits on each
eligible member, | ||
except a member, not otherwise
covered by this Act, who has | ||
retired as a participating member under Article 2
of the | ||
Illinois Pension Code but is ineligible for the retirement | ||
annuity under
Section 2-119 of the Illinois Pension Code, and | ||
part of each eligible member's
and retired member's premiums | ||
for health insurance coverage for enrolled
dependents as | ||
provided by Section 9. The State shall pay the cost of the | ||
basic
program of group health benefits only after benefits are | ||
reduced by the amount
of benefits covered by Medicare for all | ||
members and dependents
who are eligible for benefits under | ||
Social Security or
the Railroad Retirement system or who had | ||
sufficient Medicare-covered
government employment, except that | ||
such reduction in benefits shall apply only
to those members | ||
and dependents who (1) first become eligible
for such Medicare | ||
coverage on or after July 1, 1992; or (2) are
Medicare-eligible | ||
members or dependents of a local government unit which began
| ||
participation in the program on or after July 1, 1992; or (3) | ||
remain eligible
for, but no longer receive Medicare coverage | ||
which they had been receiving on
or after July 1, 1992. The | ||
Department may determine the aggregate level of the
State's | ||
contribution on the basis of actual cost of medical services | ||
adjusted
for age, sex or geographic or other demographic | ||
characteristics which affect
the costs of such programs.
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The cost of participation in the basic program of group | ||
health benefits
for the dependent or survivor of a living or | ||
deceased retired employee who was
formerly employed by the | ||
University of Illinois in the Cooperative Extension
Service and | ||
would be an annuitant but for the fact that he or she was made
| ||
ineligible to participate in the State Universities Retirement | ||
System by clause
(4) of subsection (a) of Section 15-107 of the | ||
Illinois Pension Code shall not
be greater than the cost of | ||
participation that would otherwise apply to that
dependent or | ||
survivor if he or she were the dependent or survivor of an
| ||
annuitant under the State Universities Retirement System.
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(a-1) Beginning January 1, 1998, for each person who | ||
becomes a new SERS
annuitant and participates in the basic | ||
program of group health benefits, the
State shall contribute | ||
toward the cost of the annuitant's
coverage under the basic | ||
program of group health benefits an amount equal
to 5% of that | ||
cost for each full year of creditable service upon which the
| ||
annuitant's retirement annuity is based, up to a maximum of | ||
100% for an
annuitant with 20 or more years of creditable | ||
service.
The remainder of the cost of a new SERS annuitant's | ||
coverage under the basic
program of group health benefits shall | ||
be the responsibility of the
annuitant. In the case of a new | ||
SERS annuitant who has elected to receive an alternative | ||
retirement cancellation payment under Section 14-108.5 of the | ||
Illinois Pension Code in lieu of an annuity, for the purposes | ||
of this subsection the annuitant shall be deemed to be | ||
receiving a retirement annuity based on the number of years of | ||
creditable service that the annuitant had established at the | ||
time of his or her termination of service under SERS.
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(a-2) Beginning January 1, 1998, for each person who | ||
becomes a new SERS
survivor and participates in the basic | ||
program of group health benefits, the
State shall contribute | ||
toward the cost of the survivor's
coverage under the basic | ||
program of group health benefits an amount equal
to 5% of that | ||
cost for each full year of the deceased employee's or deceased
| ||
annuitant's creditable service in the State Employees' | ||
Retirement System of
Illinois on the date of death, up to a | ||
maximum of 100% for a survivor of an
employee or annuitant with | ||
20 or more years of creditable service. The
remainder of the | ||
cost of the new SERS survivor's coverage under the basic
| ||
program of group health benefits shall be the responsibility of | ||
the survivor. In the case of a new SERS survivor who was the | ||
dependent of an annuitant who elected to receive an alternative | ||
retirement cancellation payment under Section 14-108.5 of the | ||
Illinois Pension Code in lieu of an annuity, for the purposes | ||
of this subsection the deceased annuitant's creditable service | ||
shall be determined as of the date of termination of service | ||
rather than the date of death.
| ||
(a-3) Beginning January 1, 1998, for each person who | ||
becomes a new SURS
annuitant and participates in the basic | ||
program of group health benefits, the
State shall contribute | ||
toward the cost of the annuitant's
coverage under the basic | ||
program of group health benefits an amount equal
to 5% of that | ||
cost for each full year of creditable service upon which the
| ||
annuitant's retirement annuity is based, up to a maximum of | ||
100% for an
annuitant with 20 or more years of creditable | ||
service.
The remainder of the cost of a new SURS annuitant's | ||
coverage under the basic
program of group health benefits shall | ||
be the responsibility of the
annuitant.
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(a-4) (Blank).
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(a-5) Beginning January 1, 1998, for each person who | ||
becomes a new SURS
survivor and participates in the basic | ||
program of group health benefits, the
State shall contribute | ||
toward the cost of the survivor's coverage under the
basic | ||
program of group health benefits an amount equal to 5% of that | ||
cost for
each full year of the deceased employee's or deceased | ||
annuitant's creditable
service in the State Universities | ||
Retirement System on the date of death, up to
a maximum of 100% | ||
for a survivor of an
employee or annuitant with 20 or more | ||
years of creditable service. The
remainder of the cost of the | ||
new SURS survivor's coverage under the basic
program of group | ||
health benefits shall be the responsibility of the survivor.
| ||
(a-6) Beginning July 1, 1998, for each person who becomes a | ||
new TRS
State annuitant and participates in the basic program | ||
of group health benefits,
the State shall contribute toward the | ||
cost of the annuitant's coverage under
the basic program of | ||
group health benefits an amount equal to 5% of that cost
for | ||
each full year of creditable service
as a teacher as defined in | ||
paragraph (2), (3), or (5) of Section 16-106 of the
Illinois | ||
Pension Code
upon which the annuitant's retirement annuity is | ||
based, up to a maximum of
100%;
except that
the State | ||
contribution shall be 12.5% per year (rather than 5%) for each | ||
full
year of creditable service as a regional superintendent or | ||
assistant regional
superintendent of schools. The
remainder of | ||
the cost of a new TRS State annuitant's coverage under the | ||
basic
program of group health benefits shall be the | ||
responsibility of the
annuitant.
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(a-7) Beginning July 1, 1998, for each person who becomes a | ||
new TRS
State survivor and participates in the basic program of | ||
group health benefits,
the State shall contribute toward the | ||
cost of the survivor's coverage under the
basic program of | ||
group health benefits an amount equal to 5% of that cost for
| ||
each full year of the deceased employee's or deceased | ||
annuitant's creditable
service
as a teacher as defined in | ||
paragraph (2), (3), or (5) of Section 16-106 of the
Illinois | ||
Pension Code
on the date of death, up to a maximum of 100%;
| ||
except that the State contribution shall be 12.5% per year | ||
(rather than 5%) for
each full year of the deceased employee's | ||
or deceased annuitant's creditable
service as a regional | ||
superintendent or assistant regional superintendent of
| ||
schools.
The remainder of
the cost of the new TRS State | ||
survivor's coverage under the basic program of
group health | ||
benefits shall be the responsibility of the survivor.
| ||
(a-8) A new SERS annuitant, new SERS survivor, new SURS
| ||
annuitant, new SURS survivor, new TRS State
annuitant, or new | ||
TRS State survivor may waive or terminate coverage in
the | ||
program of group health benefits. Any such annuitant or | ||
survivor
who has waived or terminated coverage may enroll or | ||
re-enroll in the
program of group health benefits only during | ||
the annual benefit choice period,
as determined by the | ||
Director; except that in the event of termination of
coverage | ||
due to nonpayment of premiums, the annuitant or survivor
may | ||
not re-enroll in the program.
| ||
(a-9) No later than May 1 of each calendar year, the | ||
Director
of Central Management Services shall certify in | ||
writing to the Executive
Secretary of the State Employees' | ||
Retirement System of Illinois the amounts
of the Medicare | ||
supplement health care premiums and the amounts of the
health | ||
care premiums for all other retirees who are not Medicare | ||
eligible.
| ||
A separate calculation of the premiums based upon the | ||
actual cost of each
health care plan shall be so certified.
| ||
The Director of Central Management Services shall provide | ||
to the
Executive Secretary of the State Employees' Retirement | ||
System of
Illinois such information, statistics, and other data | ||
as he or she
may require to review the premium amounts | ||
certified by the Director
of Central Management Services.
| ||
(b) State employees who become eligible for this program on | ||
or after January
1, 1980 in positions normally requiring actual | ||
performance of duty not less
than 1/2 of a normal work period | ||
but not equal to that of a normal work period,
shall be given | ||
the option of participating in the available program. If the
| ||
employee elects coverage, the State shall contribute on behalf | ||
of such employee
to the cost of the employee's benefit and any | ||
applicable dependent supplement,
that sum which bears the same | ||
percentage as that percentage of time the
employee regularly | ||
works when compared to normal work period.
| ||
(c) The basic non-contributory coverage from the basic | ||
program of
group health benefits shall be continued for each | ||
employee not in pay status or
on active service by reason of | ||
(1) leave of absence due to illness or injury,
(2) authorized | ||
educational leave of absence or sabbatical leave, or (3)
| ||
military leave with pay and benefits. This coverage shall | ||
continue until
expiration of authorized leave and return to | ||
active service, but not to exceed
24 months for leaves under | ||
item (1) or (2). This 24-month limitation and the
requirement | ||
of returning to active service shall not apply to persons | ||
receiving
ordinary or accidental disability benefits or | ||
retirement benefits through the
appropriate State retirement | ||
system or benefits under the Workers' Compensation
or | ||
Occupational Disease Act.
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(d) The basic group life insurance coverage shall continue, | ||
with
full State contribution, where such person is (1) absent | ||
from active
service by reason of disability arising from any | ||
cause other than
self-inflicted, (2) on authorized educational | ||
leave of absence or
sabbatical leave, or (3) on military leave | ||
with pay and benefits.
| ||
(e) Where the person is in non-pay status for a period in | ||
excess of
30 days or on leave of absence, other than by reason | ||
of disability,
educational or sabbatical leave, or military | ||
leave with pay and benefits, such
person may continue coverage | ||
only by making personal
payment equal to the amount normally | ||
contributed by the State on such person's
behalf. Such payments | ||
and coverage may be continued: (1) until such time as
the | ||
person returns to a status eligible for coverage at State | ||
expense, but not
to exceed 24 months, (2) until such person's | ||
employment or annuitant status
with the State is terminated, or | ||
(3) for a maximum period of 4 years for
members on military | ||
leave with pay and benefits and military leave without pay
and | ||
benefits (exclusive of any additional service imposed pursuant | ||
to law).
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(f) The Department shall establish by rule the extent to | ||
which other
employee benefits will continue for persons in | ||
non-pay status or who are
not in active service.
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(g) The State shall not pay the cost of the basic | ||
non-contributory
group life insurance, program of health | ||
benefits and other employee benefits
for members who are | ||
survivors as defined by paragraphs (1) and (2) of
subsection | ||
(q) of Section 3 of this Act. The costs of benefits for these
| ||
survivors shall be paid by the survivors or by the University | ||
of Illinois
Cooperative Extension Service, or any combination | ||
thereof.
However, the State shall pay the amount of the | ||
reduction in the cost of
participation, if any, resulting from | ||
the amendment to subsection (a) made
by this amendatory Act of | ||
the 91st General Assembly.
| ||
(h) Those persons occupying positions with any department | ||
as a result
of emergency appointments pursuant to Section 8b.8 | ||
of the Personnel Code
who are not considered employees under | ||
this Act shall be given the option
of participating in the | ||
programs of group life insurance, health benefits and
other | ||
employee benefits. Such persons electing coverage may | ||
participate only
by making payment equal to the amount normally | ||
contributed by the State for
similarly situated employees. Such | ||
amounts shall be determined by the
Director. Such payments and | ||
coverage may be continued until such time as the
person becomes | ||
an employee pursuant to this Act or such person's appointment | ||
is
terminated.
| ||
(i) Any unit of local government within the State of | ||
Illinois
may apply to the Director to have its employees, | ||
annuitants, and their
dependents provided group health | ||
coverage under this Act on a non-insured
basis. To participate, | ||
a unit of local government must agree to enroll
all of its | ||
employees, who may select coverage under either the State group
| ||
health benefits plan or a health maintenance organization that | ||
has
contracted with the State to be available as a health care | ||
provider for
employees as defined in this Act. A unit of local | ||
government must remit the
entire cost of providing coverage | ||
under the State group health benefits plan
or, for coverage | ||
under a health maintenance organization, an amount determined
| ||
by the Director based on an analysis of the sex, age, | ||
geographic location, or
other relevant demographic variables | ||
for its employees, except that the unit of
local government | ||
shall not be required to enroll those of its employees who are
| ||
covered spouses or dependents under this plan or another group | ||
policy or plan
providing health benefits as long as (1) an | ||
appropriate official from the unit
of local government attests | ||
that each employee not enrolled is a covered spouse
or | ||
dependent under this plan or another group policy or plan, and | ||
(2) at least
85% of the employees are enrolled and the unit of | ||
local government remits
the entire cost of providing coverage | ||
to those employees, except that a
participating school district | ||
must have enrolled at least 85% of its full-time
employees who | ||
have not waived coverage under the district's group health
plan | ||
by participating in a component of the district's cafeteria | ||
plan. A
participating school district is not required to enroll | ||
a full-time employee
who has waived coverage under the | ||
district's health plan, provided that an
appropriate official | ||
from the participating school district attests that the
| ||
full-time employee has waived coverage by participating in a | ||
component of the
district's cafeteria plan. For the purposes of | ||
this subsection, "participating
school district" includes a | ||
unit of local government whose primary purpose is
education as | ||
defined by the Department's rules.
| ||
Employees of a participating unit of local government who | ||
are not enrolled
due to coverage under another group health | ||
policy or plan may enroll in
the event of a qualifying change | ||
in status, special enrollment, special
circumstance as defined | ||
by the Director, or during the annual Benefit Choice
Period. A | ||
participating unit of local government may also elect to cover | ||
its
annuitants. Dependent coverage shall be offered on an | ||
optional basis, with the
costs paid by the unit of local | ||
government, its employees, or some combination
of the two as | ||
determined by the unit of local government. The unit of local
| ||
government shall be responsible for timely collection and | ||
transmission of
dependent premiums.
| ||
The Director shall annually determine monthly rates of | ||
payment, subject
to the following constraints:
| ||
(1) In the first year of coverage, the rates shall be | ||
equal to the
amount normally charged to State employees for | ||
elected optional coverages
or for enrolled dependents | ||
coverages or other contributory coverages, or
contributed | ||
by the State for basic insurance coverages on behalf of its
| ||
employees, adjusted for differences between State | ||
employees and employees
of the local government in age, | ||
sex, geographic location or other relevant
demographic | ||
variables, plus an amount sufficient to pay for the | ||
additional
administrative costs of providing coverage to | ||
employees of the unit of
local government and their | ||
dependents.
| ||
(2) In subsequent years, a further adjustment shall be | ||
made to reflect
the actual prior years' claims experience | ||
of the employees of the unit of
local government.
| ||
In the case of coverage of local government employees under | ||
a health
maintenance organization, the Director shall annually | ||
determine for each
participating unit of local government the | ||
maximum monthly amount the unit
may contribute toward that | ||
coverage, based on an analysis of (i) the age,
sex, geographic | ||
location, and other relevant demographic variables of the
| ||
unit's employees and (ii) the cost to cover those employees | ||
under the State
group health benefits plan. The Director may | ||
similarly determine the
maximum monthly amount each unit of | ||
local government may contribute toward
coverage of its | ||
employees' dependents under a health maintenance organization.
| ||
Monthly payments by the unit of local government or its | ||
employees for
group health benefits plan or health maintenance | ||
organization coverage shall
be deposited in the Local | ||
Government Health Insurance Reserve Fund.
| ||
The Local Government Health Insurance Reserve Fund shall be | ||
a continuing
fund not subject to fiscal year limitations. All | ||
revenues arising from the administration of the health benefits | ||
program established under this Section shall be deposited into | ||
the Local Government Health Insurance Reserve Fund. All | ||
expenditures from this Fund
shall be used for payments for | ||
health care benefits for local government and rehabilitation | ||
facility
employees, annuitants, and dependents, and to | ||
reimburse the Department or
its administrative service | ||
organization for all expenses incurred in the
administration of | ||
benefits. No other State funds may be used for these
purposes.
| ||
A local government employer's participation or desire to | ||
participate
in a program created under this subsection shall | ||
not limit that employer's
duty to bargain with the | ||
representative of any collective bargaining unit
of its | ||
employees.
| ||
(j) Any rehabilitation facility within the State of | ||
Illinois may apply
to the Director to have its employees, | ||
annuitants, and their eligible
dependents provided group | ||
health coverage under this Act on a non-insured
basis. To | ||
participate, a rehabilitation facility must agree to enroll all
| ||
of its employees and remit the entire cost of providing such | ||
coverage for
its employees, except that the rehabilitation | ||
facility shall not be
required to enroll those of its employees | ||
who are covered spouses or
dependents under this plan or | ||
another group policy or plan providing health
benefits as long | ||
as (1) an appropriate official from the rehabilitation
facility | ||
attests that each employee not enrolled is a covered spouse or
| ||
dependent under this plan or another group policy or plan, and | ||
(2) at least
85% of the employees are enrolled and the | ||
rehabilitation facility remits
the entire cost of providing | ||
coverage to those employees. Employees of a
participating | ||
rehabilitation facility who are not enrolled due to coverage
| ||
under another group health policy or plan may enroll
in the | ||
event of a qualifying change in status, special enrollment, | ||
special
circumstance as defined by the Director, or during the | ||
annual Benefit Choice
Period. A participating rehabilitation | ||
facility may also elect
to cover its annuitants. Dependent | ||
coverage shall be offered on an optional
basis, with the costs | ||
paid by the rehabilitation facility, its employees, or
some | ||
combination of the 2 as determined by the rehabilitation | ||
facility. The
rehabilitation facility shall be responsible for | ||
timely collection and
transmission of dependent premiums.
| ||
The Director shall annually determine quarterly rates of | ||
payment, subject
to the following constraints:
| ||
(1) In the first year of coverage, the rates shall be | ||
equal to the amount
normally charged to State employees for | ||
elected optional coverages or for
enrolled dependents | ||
coverages or other contributory coverages on behalf of
its | ||
employees, adjusted for differences between State | ||
employees and
employees of the rehabilitation facility in | ||
age, sex, geographic location
or other relevant | ||
demographic variables, plus an amount sufficient to pay
for | ||
the additional administrative costs of providing coverage | ||
to employees
of the rehabilitation facility and their | ||
dependents.
| ||
(2) In subsequent years, a further adjustment shall be | ||
made to reflect
the actual prior years' claims experience | ||
of the employees of the
rehabilitation facility.
| ||
Monthly payments by the rehabilitation facility or its | ||
employees for
group health benefits shall be deposited in the | ||
Local Government Health
Insurance Reserve Fund.
| ||
(k) Any domestic violence shelter or service within the | ||
State of Illinois
may apply to the Director to have its | ||
employees, annuitants, and their
dependents provided group | ||
health coverage under this Act on a non-insured
basis. To | ||
participate, a domestic violence shelter or service must agree | ||
to
enroll all of its employees and pay the entire cost of | ||
providing such coverage
for its employees. A participating | ||
domestic violence shelter may also elect
to cover its | ||
annuitants. Dependent coverage shall be offered on an optional
| ||
basis, with
employees, or some combination of the 2 as | ||
determined by the domestic violence
shelter or service. The | ||
domestic violence shelter or service shall be
responsible for | ||
timely collection and transmission of dependent premiums.
| ||
The Director shall annually determine rates of payment,
| ||
subject to the following constraints:
| ||
(1) In the first year of coverage, the rates shall be | ||
equal to the
amount normally charged to State employees for | ||
elected optional coverages
or for enrolled dependents | ||
coverages or other contributory coverages on
behalf of its | ||
employees, adjusted for differences between State | ||
employees and
employees of the domestic violence shelter or | ||
service in age, sex, geographic
location or other relevant | ||
demographic variables, plus an amount sufficient
to pay for | ||
the additional administrative costs of providing coverage | ||
to
employees of the domestic violence shelter or service | ||
and their dependents.
| ||
(2) In subsequent years, a further adjustment shall be | ||
made to reflect
the actual prior years' claims experience | ||
of the employees of the domestic
violence shelter or | ||
service.
| ||
Monthly payments by the domestic violence shelter or | ||
service or its employees
for group health insurance shall be | ||
deposited in the Local Government Health
Insurance Reserve | ||
Fund.
| ||
(l) A public community college or entity organized pursuant | ||
to the
Public Community College Act may apply to the Director | ||
initially to have
only annuitants not covered prior to July 1, | ||
1992 by the district's health
plan provided health coverage | ||
under this Act on a non-insured basis. The
community college | ||
must execute a 2-year contract to participate in the
Local | ||
Government Health Plan.
Any annuitant may enroll in the event | ||
of a qualifying change in status, special
enrollment, special | ||
circumstance as defined by the Director, or during the
annual | ||
Benefit Choice Period.
| ||
The Director shall annually determine monthly rates of | ||
payment subject to
the following constraints: for those | ||
community colleges with annuitants
only enrolled, first year | ||
rates shall be equal to the average cost to cover
claims for a | ||
State member adjusted for demographics, Medicare
| ||
participation, and other factors; and in the second year, a | ||
further adjustment
of rates shall be made to reflect the actual | ||
first year's claims experience
of the covered annuitants.
| ||
(l-5) The provisions of subsection (l) become inoperative | ||
on July 1, 1999.
| ||
(m) The Director shall adopt any rules deemed necessary for
| ||
implementation of this amendatory Act of 1989 (Public Act | ||
86-978).
| ||
(Source: P.A. 92-16, eff. 6-28-01; 93-839, eff. 7-30-04.)
| ||
(5 ILCS 375/13.1) (from Ch. 127, par. 533.1)
| ||
Sec. 13.1. (a) All contributions, appropriations, | ||
interest, and dividend
payments to fund the program of health | ||
benefits and other employee benefits, and all other revenues | ||
arising from the administration of any employee health benefits | ||
program,
shall be deposited in a trust fund outside the State | ||
Treasury, with the State
Treasurer as ex-officio custodian, to | ||
be known as the Health Insurance Reserve
Fund.
| ||
(b) Upon the adoption of a self-insurance health plan, any | ||
monies
attributable to the group health insurance program shall | ||
be deposited in or
transferred to the Health Insurance Reserve | ||
Fund for use by the Department.
As of the effective date of | ||
this amendatory Act of 1986, the Department
shall certify to | ||
the Comptroller the amount of money in the Group Insurance
| ||
Premium Fund attributable to the State group health insurance | ||
program and the
Comptroller shall transfer such money from the | ||
Group Insurance Premium Fund
to the Health Insurance Reserve | ||
Fund. Contributions by the State to the
Health Insurance | ||
Reserve Fund to meet the requirements of this Act, as
| ||
established by the Director, from the General Revenue Fund and | ||
the Road
Fund to the Health Insurance Reserve Fund shall be by | ||
annual
appropriations, and all other contributions to meet the | ||
requirements of the
programs of health benefits or other | ||
employee benefits shall be deposited
in the Health Insurance | ||
Reserve Fund. The Department shall draw the
appropriation from | ||
the General Revenue Fund and the Road Fund from time to
time as | ||
necessary to make expenditures authorized under this Act.
| ||
The Director may employ such assistance and services and | ||
may purchase
such goods as may be necessary for the proper | ||
development and
administration of any of the benefit programs | ||
authorized by this Act. The
Director may promulgate rules and | ||
regulations in regard to the
administration of these programs.
| ||
All monies received by the Department for deposit in or | ||
transfer to the
Health Insurance Reserve Fund, through | ||
appropriation or otherwise, shall be
used to provide for the | ||
making of payments to claimants and providers and
to reimburse | ||
the Department for all expenses directly incurred relating to
| ||
Department development and administration of the program of | ||
health benefits
and other employee benefits.
| ||
Any administrative service organization administering any | ||
self-insurance
health plan and paying claims and benefits under | ||
authority of this Act may
receive, pursuant to written | ||
authorization and direction of the Director,
an initial | ||
transfer and periodic transfers of funds from the Health
| ||
Insurance Reserve Fund in amounts determined by the Director | ||
who may
consider the amount recommended by the administrative | ||
service organization.
Notwithstanding any other statute, such | ||
transferred funds shall be
retained by the administrative | ||
service organization in a separate
account provided by any bank | ||
as defined by the Illinois Banking
Act. The Department may | ||
promulgate regulations further defining the banks
authorized | ||
to accept such funds and all methodology for transfer of such
| ||
funds. Any interest earned by monies in such
account shall | ||
inure to the Health Insurance Reserve Fund, shall remain
in | ||
such account and shall be used exclusively to pay claims and | ||
benefits
under this Act. Such transferred funds shall be used | ||
exclusively for
administrative service organization payment of | ||
claims to claimants and
providers under the self-insurance | ||
health plan by the drawing of checks
against such account. The | ||
administrative service organization may not use
such | ||
transferred funds, or interest accrued thereon, for any other | ||
purpose
including, but not limited to, reimbursement of | ||
administrative expenses or
payments of administration fees due | ||
the organization pursuant to its
contract or contracts with the | ||
Department of Central Management Services.
| ||
The account of the administrative service organization | ||
established under
this Section, any transfers from the Health | ||
Insurance Reserve Fund to
such account and the use of such | ||
account and funds shall be subject
to (1) audit by the | ||
Department or private contractor authorized by the
Department | ||
to conduct audits, and (2) post audit pursuant to the
Illinois | ||
State Auditing Act.
| ||
(c) The Director, with the advice and consent of the | ||
Commission, shall
establish premiums for optional coverage for | ||
dependents of eligible members
for the health plans. The | ||
eligible members
shall be responsible for their portion of such | ||
optional
premium. The State shall
contribute an amount per | ||
month for each eligible member who has
enrolled one or more | ||
dependents under the health plans. Such contribution
shall be | ||
made directly to the Health Insurance
Reserve Fund. Those | ||
employees described in subsection (b) of Section 9 of this
Act | ||
shall be allowed to continue in the health plan by
making | ||
personal payments with the premiums to be deposited
in the | ||
Health Insurance Reserve Fund.
| ||
(d) The Health Insurance Reserve Fund shall be a continuing | ||
fund not subject
to fiscal year limitations. All expenditures | ||
from that fund shall be at
the direction of the Director and | ||
shall be only for the purpose of:
| ||
(1) the payment of administrative expenses incurred by | ||
the Department
for the program of health benefits or other | ||
employee benefit programs,
including but not limited to the | ||
costs of audits or actuarial
consultations, professional | ||
and contractual services, electronic data
processing | ||
systems and services, and expenses in connection with the
| ||
development and administration of such programs;
| ||
(2) the payment of administrative expenses incurred by | ||
the Administrative
Service Organization;
| ||
(3) the payment of health benefits;
| ||
(4) refunds to employees for erroneous payments of | ||
their selected
dependent coverage;
| ||
(5) payment of premium for stop-loss or re-insurance;
| ||
(6) payment of premium to health maintenance | ||
organizations pursuant to
Section 6.1 of this Act;
| ||
(7) payment of adoption program benefits; and
| ||
(8) payment of other benefits offered to members and | ||
dependents under
this Act.
| ||
(Source: P.A. 91-390, eff. 7-30-99.)
| ||
Section 5-10. The Department of Commerce and Economic | ||
Opportunity Law of the
Civil Administrative Code of Illinois is | ||
amended by adding Section 605-812 as follows: | ||
(20 ILCS 605/605-812 new)
| ||
Sec. 605-812. Employment opportunities grant program. | ||
(a) The Department shall administer a grant program to | ||
expand employment opportunities for targeted populations in | ||
eligible grant areas in Illinois. The goal of the program shall | ||
be to expand the number of people in targeted populations who | ||
enter and complete building trades apprenticeship programs and | ||
achieve journey-level status within a building trades union. | ||
(b) All successful grant applicants shall be required to | ||
partner with a joint labor and management-sponsored | ||
apprenticeship program or programs. All successful grant | ||
applicants must provide participating individuals with paid | ||
employment opportunities while participating in the program. | ||
(c) The Department shall establish criteria for (i) | ||
prioritizing grant requests from eligible grant applicants and | ||
(ii) determining what project activities qualify for funding. | ||
Entities eligible to apply for grant funding shall include: | ||
community-based organizations and educational institutions. | ||
These eligible entities shall have the following capabilities: | ||
a demonstrated expertise in serving targeted populations; | ||
knowledge of the construction industry; demonstrated success | ||
in placing clients in employment; previous experience offering | ||
employment services for targeted populations; and expertise in | ||
preparing workers for employment in the building trades. | ||
(d) The Department shall determine the targeted | ||
populations to be served by the program. The Department shall | ||
establish geographic boundaries of eligible grant areas. | ||
(e) The Department shall require all successful grant | ||
applicants to report quarterly on implementation of planned | ||
activities and success in reaching key milestones. Successful | ||
grant applicants must also maintain and report | ||
individual-level information on types of services received and | ||
resulting outcomes, including placement into specific | ||
apprenticeship programs. | ||
(f) The Department shall report to the Governor and the | ||
General Assembly on December 31, 2007 and on December 31 of | ||
each year thereafter as long as grant-funded activities are | ||
provided on the activities undertaken by all successful grant | ||
applicants. The report shall include an evaluation of those | ||
activities and their success in assisting participating | ||
individuals to enter and complete building trades | ||
apprenticeship programs and achieve journey-level status.
| ||
Section 5-15. The Renewable Energy, Energy Efficiency, and | ||
Coal Resources
Development Law of 1997 is amended by changing | ||
Section 6-4 as follows:
| ||
(20 ILCS 687/6-4)
| ||
(Section scheduled to be repealed on December 16, 2007)
| ||
Sec. 6-4. Renewable Energy Resources Trust Fund.
| ||
(a) A fund to be called the Renewable Energy Resources
| ||
Trust Fund is hereby established in the State Treasury.
| ||
(b) The Renewable Energy Resources Trust Fund shall be
| ||
administered by the Department to provide grants, loans, and
| ||
other incentives to foster investment in and the development
| ||
and use of renewable energy resources as provided in Section
| ||
6-3 of this Law or pursuant to the Illinois Renewable Fuels | ||
Development Program Act.
| ||
(c) All funds used by the Department for the Renewable
| ||
Energy Resources Program shall be subject to appropriation by
| ||
the General Assembly.
| ||
(Source: P.A. 90-561, eff. 12-16-97.)
| ||
Section 5-20. The Illinois Renewable Fuels Development | ||
Program Act is amended by changing Section 20 as follows: | ||
(20 ILCS 689/20)
| ||
Sec. 20. Grants. Subject to appropriation from the Build | ||
Illinois Bond
Fund,
the
Director is authorized to award grants | ||
to eligible applicants. The annual
aggregate
amount of grants | ||
awarded shall not exceed $20,000,000
$15,000,000.
| ||
(Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03.)
| ||
Section 5-25. The Mental Health and Developmental | ||
Disabilities Administrative Act is amended by changing Section | ||
18.4 as follows:
| ||
(20 ILCS 1705/18.4)
| ||
Sec. 18.4. Community Mental Health Medicaid Trust Fund; | ||
reimbursement.
| ||
(a) The Community Mental Health Medicaid Trust Fund is | ||
hereby created
in the State Treasury.
| ||
(b) Except as otherwise provided in this Section, effective | ||
in the first fiscal year following repayment of interfund | ||
transfers under subsection (b-1), amounts
the first | ||
$73,000,000 paid to the State by the federal government under | ||
Title XIX
or Title XXI of the Social Security Act for services | ||
delivered by community
mental health services providers, and | ||
any interest earned thereon, shall be
deposited as follows: | ||
(1) The first $75,000,000 shall be deposited directly | ||
into the Community Mental Health Medicaid Trust Fund to be | ||
used for the purchase of community mental health services; | ||
(2) The next $4,500,000 shall be deposited directly | ||
into the Community Mental Health Medicaid Trust Fund to be | ||
used by the Department of Human Services' Division of | ||
Mental Health for the oversight and administration of | ||
community mental health services and up to $1,000,000 of | ||
this amount may be used for support of community mental | ||
health service initiatives; and | ||
(3) Any additional amounts shall be deposited 50% into | ||
the Community Mental Health Medicaid Trust Fund to be used | ||
for the purchase of community mental health services and | ||
50% into the General Revenue Fund.
directly into the | ||
Community Mental Health Medicaid Trust Fund. The next | ||
$25,000,000 shall be deposited into the General Revenue | ||
Fund. Amounts received in excess of $98,000,000 in any | ||
State fiscal year after fiscal year 2006 shall be deposited | ||
50% into the General Revenue Fund and 50% into the | ||
Community Mental Health Medicaid Trust Fund. The | ||
Department shall analyze the budgeting and programmatic | ||
impact of this funding allocation and report to the | ||
Governor and the General Assembly the results of this | ||
analysis and any recommendations for change, no later than | ||
December 31, 2005.
| ||
(b-1) For State fiscal year 2005, the first $73,000,000 in | ||
any funds paid to the State by the federal government under | ||
Title XIX or Title XXI of the Social Security Act for services | ||
delivered by community mental health services providers, and | ||
any interest earned thereon, shall be deposited directly into | ||
the Community Mental Health Medicaid Trust Fund before any | ||
deposits are made into the General Revenue Fund. The next | ||
$25,000,000, less any deposits made prior to the effective date | ||
of this amendatory Act of the 94th General Assembly, shall be | ||
deposited into the General Revenue Fund. Amounts received in | ||
excess of $98,000,000 shall be deposited 50% into the General | ||
Revenue Fund and 50% into the Community Mental Health Medicaid | ||
Trust Fund. At the direction of the Director of Healthcare and | ||
Family Services
Public Aid, on April 1, 2005, or as soon | ||
thereafter as practical, the Comptroller shall direct and the | ||
State Treasurer shall transfer amounts not to exceed | ||
$14,000,000 into the Community Mental Health Medicaid Trust
| ||
Fund from the Public Aid Recoveries Trust Fund. | ||
(b-2) For State fiscal year 2006, and in subsequent fiscal | ||
years until any transfers under subsection (b-1) are repaid, | ||
the first $73,000,000 in any funds paid to the State by the | ||
federal government under Title XIX or Title XXI of the Social | ||
Security Act for services delivered by community mental health | ||
services providers, and any interest earned thereon, shall be | ||
deposited directly into the Community Mental Health Medicaid
| ||
Trust Fund. Then the next $14,000,000, or such amount as was | ||
transferred under subsection (b-1) at the direction of the | ||
Director of Healthcare and Family Services
Public Aid, shall be | ||
deposited into the Public Aid Recoveries Trust Fund. The next | ||
$11,000,000 shall be deposited into the General Revenue Fund.
| ||
Any additional amounts received shall be deposited in | ||
accordance with subsection (b)
50% into the General Revenue | ||
Fund and 50% into the Community Mental Health Medicaid Trust | ||
Fund.
| ||
(c) The Department shall reimburse community mental health | ||
services
providers for Medicaid-reimbursed mental health
| ||
services provided to eligible
individuals. Moneys in the | ||
Community Mental Health Medicaid Trust Fund may be
used for | ||
that purpose.
| ||
(d) As used in this Section:
| ||
"Medicaid-reimbursed mental health services" means | ||
services provided by a
community mental health provider under | ||
an agreement with the Department that
is eligible for | ||
reimbursement under the federal Title XIX program or Title XXI
| ||
program.
| ||
"Community mental health provider
Provider" means a | ||
community agency that is funded by the Department to
provide a | ||
Medicaid-reimbursed service.
| ||
"Service
Services" means a mental health service
services
| ||
provided pursuant to the provisions of administrative rules | ||
adopted by the Department and funded by the Department of Human | ||
Services' Division of Mental Health.
under one of the
following | ||
programs:
| ||
(1) Medicaid Clinic Option;
| ||
(2) Medicaid Rehabilitation Option;
| ||
(3) Targeted Case Management.
| ||
(Source: P.A. 93-841, eff. 7-30-04; 94-58, eff. 6-17-05.)
| ||
Section 5-35. The Illinois Global Partnership Act is | ||
amended by changing Section 50 as follows: | ||
(20 ILCS 3948/50)
| ||
Sec. 50. Finances; audits; annual report. | ||
(a) IGP may accept funds, grants, gifts, and services from | ||
the government of the United States or its agencies, from this | ||
State or its departments, agencies, or instrumentalities, from | ||
any other governmental unit, and from private and civic sources | ||
for the purpose of funding any projects authorized by this Act. | ||
IGP may receive appropriations. | ||
(b) Services of personnel, use of equipment and office | ||
space, and other necessary services may be accepted from | ||
members of the board as part of IGP's financial support. | ||
(c) State funds appropriated for the operations and | ||
functions of IGP for fiscal year 2011 and each fiscal year | ||
thereafter should not exceed 60% of IGP's funding from all | ||
sources for the fiscal year.
| ||
(d) The board shall arrange for the annual financial audit | ||
of IGP by one or more independent certified public accountants | ||
in accordance with generally accepted accounting principles. | ||
The annual audit results shall be included in the annual report | ||
required under subsection (e).
| ||
(e) IGP shall report annually on its activities and | ||
finances to the Governor and the members of the General | ||
Assembly.
| ||
(f) Payments by the IGP to the Department of Agriculture as | ||
reimbursement for employee costs as provided in Section 45 and | ||
for proportionate lease payments for office space for employees | ||
shall be deposited into the Agricultural Premium Fund.
| ||
(Source: P.A. 94-388, eff. 7-29-05.) | ||
Section 5-36. The I-FLY Act is amended by changing Sections | ||
10, 15, 20, and 25 as follows:
| ||
(20 ILCS 3958/10)
| ||
Sec. 10. Definitions. As used in this Act:
| ||
"Air carrier" means an entity that provides commercial | ||
passenger air
transportation.
| ||
"Commission" means the Air Service Commission.
| ||
"Department" means the Department of Transportation.
| ||
(Source: P.A. 93-585, eff. 8-22-03.)
| ||
(20 ILCS 3958/15)
| ||
Sec. 15. I-FLY Fund.
| ||
(a) The I-FLY Fund is created as a special fund in the | ||
State
treasury. Moneys may be deposited into the Fund from: (1) | ||
appropriations made
by the General Assembly and units of local | ||
government to the Fund, (2) federal
moneys designated for the | ||
Fund, and (3) any grants or gifts designated for the
Fund.
| ||
(b) The moneys in the Fund shall be used by the Department
| ||
Commission, subject to
appropriation, for air carrier | ||
recruitment,
and retention program grants,
and for
planning | ||
grants, and Commission expenses.
| ||
(Source: P.A. 93-585, eff. 8-22-03.)
| ||
(20 ILCS 3958/20)
| ||
Sec. 20. Air Service Commission. There is created the Air | ||
Service
Commission. The Commission shall consist of 5 members, | ||
each of whom has airport
management or air carrier experience, | ||
or both. The members shall be appointed
by the
Governor, with | ||
the advice and consent of the Senate, each one from a different
| ||
geographical region of the State outside of Cook County. The | ||
Governor shall
designate
one of the members as the chairperson.
| ||
Members shall serve for a term of 4 years, except that, for | ||
the initial
members
appointed, one shall serve for a term of 5 | ||
years, one for a term of 4 years,
one
for a term
of 3 years, one | ||
for a term of 2 years, and one for a term of one year. Initial
| ||
terms shall
commence on July 1, 2003. Each member shall serve | ||
until a successor is
appointed and
qualified. Vacancies shall | ||
be filled in the same manner as
initial appointments. The | ||
members shall not receive a salary but shall be
reimbursed for
| ||
the necessary expenses incurred in the performance of their | ||
duties.
| ||
The Commission shall administer this Act and is authorized | ||
to do all
things
reasonable and necessary to accomplish the | ||
goals of the I-FLY Program in cooperation with the Department.
| ||
(Source: P.A. 93-585, eff. 8-22-03.)
| ||
(20 ILCS 3958/25)
| ||
Sec. 25. I-FLY Program.
| ||
(a) The Department
Commission shall establish
the I-FLY | ||
Program, in cooperation with the Commission. The
Program shall | ||
consist of the following components:
| ||
(1) air carrier recruitment and retention
grants as | ||
described in subsection (c); and
| ||
(2) planning grants under subsection (d).
| ||
The Department
Commission may make grants under this Act | ||
only to airports that are
located
completely outside of Cook | ||
County.
| ||
(b) During any one-year period, an airport may receive a | ||
grant for only
one of the 2 components specified in subsection | ||
(a).
| ||
(c) Air carrier recruitment and retention program grants.
| ||
(1) An airport may receive an air carrier
recruitment | ||
and retention program grant from the Department
Commission
| ||
only if:
| ||
(A) it is capable of supporting
takeoffs and | ||
landings by aircraft that have at least 19
passenger | ||
seats or have made improvements or
commitments to the | ||
Department
Commission to provide this capability; and
| ||
(B) it has a commitment from an air
carrier to | ||
start or continue air service to the community
that the | ||
airport serves subject to financial support
from the | ||
State and from the airport or unit of local
government | ||
that the airport serves. The commitment must specify | ||
that the air
carrier would not
provide or continue to | ||
provide service to the community if
financial | ||
assistance were not available.
| ||
(2) An application for an air carrier
recruitment and | ||
retention program grant must contain commitments from the
| ||
airport or the unit of local government in which the | ||
airport is located
as to the amount of the total project | ||
cost, the contribution
from the unit of local government or | ||
airport, the method
in which the contribution from the | ||
airport or unit of local
government will be generated, and | ||
the requested State
contribution.
| ||
(3) The air carrier recruitment and retention program | ||
grant shall be used
to
guarantee the financial viability of | ||
air carriers providing reasonable air
service at the
| ||
airport.
A grant under this subsection (c) to a particular | ||
airport may
be in only one of the following 3 forms:
| ||
(A) A grant may be used to guarantee that an air | ||
carrier shall
receive an agreed amount of revenue per | ||
flight.
| ||
(B) A grant may be used to guarantee a reduced or
| ||
subsidized consumer ticket price.
| ||
(C) A grant may be used to guarantee a profit goal | ||
established by the
air
carrier and airport.
| ||
(4) During the first year of a grant under this | ||
subsection
(c), the grant shall pay 80% of the total
cost | ||
of the guarantee and the airport or unit of local | ||
government in which
the
airport is
located shall pay 20% of | ||
the total cost of the guarantee. During the second
year
of | ||
a grant under this subsection
(c), the grant shall pay 50% | ||
of the total
cost of the guarantee and the airport or the | ||
unit of local government in which
the
airport is
located | ||
shall pay 50% of the total
cost of the guarantee.
| ||
(5) The total State funding for a
grant under this | ||
subsection (c) to a particular airport may not exceed
| ||
$1,000,000 in any year.
| ||
(6) An airport that has received a 2-year grant
under | ||
this subsection (c) may apply for another grant for an
| ||
additional 2-year period; however, the Department
| ||
Commission shall, in determining
whether to make a grant | ||
for an additional 2-year period, give priority to other
| ||
airports that have not previously
received a grant under | ||
this subsection (c). The Department
Commission shall also
| ||
give priority in making grants under this subsection (c) to | ||
airports at which
the Department
Commission determines | ||
that a 2-year grant may result in
the creation of stable | ||
and reliable commercial air
service without an additional | ||
grant.
| ||
(d) Planning grants. An airport may apply for and receive a | ||
planning
grant to conduct feasibility studies or business plans
| ||
designed to study the recruitment, retention, or expansion of
| ||
an air carrier at the airport. To be
eligible for a grant under | ||
this subsection (d), the airport
must have the potential for | ||
initial or expanded air service
as the Department
Commission
| ||
determines through its evaluation process.
The grant shall pay | ||
70% of the total cost of the feasibility studies or
business
| ||
plans and the airport or the unit of local government in which | ||
the
airport is located shall pay 30% of the total cost of the | ||
feasibility studies
or
business plans. An airport may receive | ||
only one planning
grant.
| ||
(Source: P.A. 93-585, eff. 8-22-03.)
| ||
Section 5-37. The Compensation Review Act is amended by | ||
changing Section 2 as follows:
| ||
(25 ILCS 120/2) (from Ch. 63, par. 902)
| ||
Sec. 2. There is created the Compensation Review Board, | ||
hereinafter referred
to as the Board, as an independent | ||
commission within the legislative branch of State government.
| ||
The Board shall consist of l2 members, appointed 3 each by | ||
the Speaker
of the House of Representatives, the Minority | ||
Leader thereof, the President
of the Senate, and the Minority | ||
Leader thereof. Members shall be adults
and be residents of | ||
Illinois. Members may not be members or employees or
former | ||
members or employees of the judicial, executive or legislative | ||
branches
of State government; nor may members be persons | ||
registered under the Lobbyist
Registration Act. Any member may | ||
be reappointed for a consecutive term. The
respective | ||
appointing legislative leader may remove any such appointed
| ||
member prior to the expiration of his term on the Board for | ||
official
misconduct, incompetence or neglect of duty.
| ||
Members shall serve without compensation but shall receive | ||
an allowance
for living expenses incurred in the performance of | ||
their official duties in
an amount per day equal to the amount | ||
permitted to be deducted for such
expenses by members of the | ||
General Assembly under the federal Internal
Revenue Code, as | ||
now or hereafter amended. The rate for reimbursement of
mileage | ||
expenses shall be equal to the amount established from time to | ||
time
for members of the General Assembly. | ||
The Board may, without regard to the
Personnel Code, employ | ||
and fix the compensation or remuneration of
employees and | ||
contract for personal and professional services as it considers | ||
necessary or desirable. The General Assembly
shall appropriate | ||
to the Commission on Government Forecasting and Accountability
| ||
the funds necessary to operate the Board, and the Commission | ||
shall prepare and submit vouchers on behalf of the Board and | ||
provide other fiscal services to the Board as the Board | ||
requests and directs; but the Commission shall not exercise any | ||
authority or control over the Board or its employees or | ||
contractors.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
| ||
Section 5-40. The State Finance Act is amended by changing | ||
Sections 6p-5, 6z-32, 6z-63, 6z-64, 8.3, 8.16c, 8.43, 8.44, | ||
8.55, 8g, 8h, and 13.2 and by adding Sections 5.663 and 8.45 as | ||
follows:
| ||
(30 ILCS 105/5.663 new)
| ||
Sec. 5.663. The Pension Stabilization Fund.
| ||
(30 ILCS 105/6p-5)
| ||
Sec. 6p-5. Efficiency Initiatives Revolving Fund. Amounts | ||
designated by the Director of Central Management Services and | ||
approved
by
the Governor as savings from the efficiency | ||
initiatives authorized by Section
405-292 of the Department of | ||
Central Management Services Law of the Civil
Administrative | ||
Code of Illinois shall be paid
into
the Efficiency Initiatives | ||
Revolving Fund. State agencies shall pay these
amounts into the | ||
Efficiency Initiatives Revolving Fund from the line item
| ||
appropriations where the cost savings are anticipated to occur. | ||
The money in
this fund shall be used by the Department for | ||
expenses incurred in connection
with the efficiency | ||
initiatives authorized by Section 405-292 of the
Department
of | ||
Central Management Services Law of the Civil Administrative | ||
Code of
Illinois or for payment of Facilities Management | ||
Revolving Fund billings issued to the Department, as authorized | ||
under Section 6z-65. On or before August 31, 2004, and each | ||
August 31 thereafter, the
Department of Central Management | ||
Services shall transfer excess balances in the
Efficiency | ||
Initiatives Revolving Fund to the General Revenue Fund. As used | ||
in
this Section, "excess balances" means amounts in excess of | ||
the amount necessary
to fund current and anticipated efficiency | ||
initiatives.
| ||
(Source: P.A. 93-25, eff. 6-20-03.)
| ||
(30 ILCS 105/6z-32)
| ||
Sec. 6z-32. Conservation 2000.
| ||
(a) The Conservation 2000 Fund and the Conservation 2000 | ||
Projects Fund are
created as special funds in the State | ||
Treasury. These funds
shall be used to establish a | ||
comprehensive program to protect Illinois' natural
resources | ||
through cooperative partnerships between State government and | ||
public
and private landowners. Moneys in these Funds may be
| ||
used, subject to appropriation, by the Environmental | ||
Protection Agency and the
Departments of Agriculture, Natural | ||
Resources, and
Transportation for purposes relating to natural | ||
resource protection,
recreation, tourism, and compatible | ||
agricultural and economic development
activities. Without | ||
limiting these general purposes, moneys in these Funds may
be | ||||||||||||
used, subject to appropriation, for the following specific | ||||||||||||
purposes:
| ||||||||||||
(1) To foster sustainable agriculture practices and | ||||||||||||
control soil erosion
and sedimentation, including grants | ||||||||||||
to Soil and Water Conservation Districts
for conservation | ||||||||||||
practice cost-share grants and for personnel, educational, | ||||||||||||
and
administrative expenses.
| ||||||||||||
(2) To establish and protect a system of ecosystems in | ||||||||||||
public and private
ownership through conservation | ||||||||||||
easements, incentives to public and private
landowners, | ||||||||||||
including technical assistance and grants, and
land | ||||||||||||
acquisition provided these mechanisms are all voluntary on | ||||||||||||
the part of the
landowner and do not involve the use of | ||||||||||||
eminent domain.
| ||||||||||||
(3) To develop a systematic and long-term program to | ||||||||||||
effectively measure
and monitor natural resources and | ||||||||||||
ecological conditions through investments in
technology | ||||||||||||
and involvement of scientific experts.
| ||||||||||||
(4) To initiate strategies to enhance, use, and | ||||||||||||
maintain Illinois' inland
lakes through education, | ||||||||||||
technical assistance, research, and financial
incentives.
| ||||||||||||
(5) To conduct an extensive review of existing Illinois | ||||||||||||
water laws.
| ||||||||||||
(b) The State Comptroller and State Treasurer shall | ||||||||||||
automatically transfer
on the last day of each month, beginning | ||||||||||||
on September 30, 1995 and ending on
June 30, 2009,
from the | ||||||||||||
General Revenue Fund to the Conservation 2000 Fund,
an
amount | ||||||||||||
equal to 1/10 of the amount set forth below in fiscal year 1996 | ||||||||||||
and
an amount equal to 1/12 of the amount set forth below in | ||||||||||||
each of the other
specified fiscal years:
| ||||||||||||
| ||||||||||||
| ||||||||||||||
(c) Notwithstanding any other provision of law to the | ||||||||||||||
contrary and in addition to any other transfers that may be | ||||||||||||||
provided for by law, on the last day of each month beginning on | ||||||||||||||
July 31, 2006 and ending on June 30, 2007, or as soon | ||||||||||||||
thereafter as may be practical, the State Comptroller shall | ||||||||||||||
direct and the State Treasurer shall transfer $1,000,000 from | ||||||||||||||
the Open Space Lands Acquisition and Development Fund to the | ||||||||||||||
Conservation 2000 Fund.
| ||||||||||||||
(d)
(c) There shall be deposited into the Conservation 2000 | ||||||||||||||
Projects Fund such
bond proceeds and other moneys as may, from | ||||||||||||||
time to time, be provided by law.
| ||||||||||||||
(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
| ||||||||||||||
(30 ILCS 105/6z-63)
| ||||||||||||||
Sec. 6z-63. The Professional Services Fund. | ||||||||||||||
(a) The Professional Services Fund is created as a | ||||||||||||||
revolving fund in the State treasury. The following moneys | ||||||||||||||
shall be deposited into the Fund: | ||||||||||||||
(1) amounts authorized for transfer to the Fund from | ||||||||||||||
the General Revenue Fund and other State funds (except for | ||||||||||||||
funds classified by the Comptroller as federal trust funds | ||||||||||||||
or State trust funds) pursuant to State law or Executive | ||||||||||||||
Order; | ||||||||||||||
(2) federal funds received by the Department of Central | ||||||||||||||
Management Services (the "Department") as a result of | ||||||||||||||
expenditures from the Fund; | ||||||||||||||
(3) interest earned on moneys in the Fund; and | ||||||||||||||
(4) receipts or inter-fund transfers resulting from | ||||||||||||||
billings issued by the Department to State agencies for the | ||||||||||||||
cost of professional services rendered by the Department | ||||||||||||||
that are not compensated through the specific fund | ||
transfers authorized by this Section. | ||
(b) Moneys in the Fund may be used by the Department for | ||
reimbursement or payment for: | ||
(1) providing professional services to State agencies | ||
or other State entities; | ||
(2) rendering other services to State agencies at the | ||
Governor's direction or to other State entities upon | ||
agreement between the Director of Central Management | ||
Services and the appropriate official or governing body of | ||
the other State entity; or | ||
(3) providing for payment of administrative and other | ||
expenses incurred by the Department in providing | ||
professional services. | ||
(c) State agencies or other State entities may direct the | ||
Comptroller to process inter-fund
transfers or make payment | ||
through the voucher and warrant process to the Professional | ||
Services Fund in satisfaction of billings issued under | ||
subsection (a) of this Section. | ||
(d) Reconciliation. For the fiscal year beginning on July | ||
1, 2004 only, the Director of Central Management Services (the | ||
"Director") shall order that each State agency's payments and | ||
transfers made to the Fund be reconciled with actual Fund costs | ||
for professional services provided by the Department on no less | ||
than an annual basis. The Director may require reports from | ||
State agencies as deemed necessary to perform this | ||
reconciliation. | ||
(e) The following amounts are authorized for transfer into | ||
the
Professional Services Fund for the fiscal year beginning | ||
July 1, 2004: | ||
General Revenue Fund...........................$5,440,431 | ||
Road Fund........................................$814,468 | ||
Motor Fuel Tax Fund..............................$263,500 | ||
Child Support Administrative Fund................$234,013 | ||
Professions Indirect Cost Fund...................$276,800 | ||
Capital Development Board Revolving Fund.........$207,610 | ||
Bank & Trust Company Fund........................$200,214 | ||
State Lottery Fund...............................$193,691 | ||
Insurance Producer Administration Fund...........$174,672 | ||
Insurance Financial Regulation Fund..............$168,327 | ||
Illinois Clean Water Fund........................$124,675 | ||
Clean Air Act (CAA) Permit Fund...................$91,803 | ||
Statistical Services Revolving Fund...............$90,959 | ||
Financial Institution Fund.......................$109,428 | ||
Horse Racing Fund.................................$71,127 | ||
Health Insurance Reserve Fund.....................$66,577 | ||
Solid Waste Management Fund.......................$61,081 | ||
Guardianship and Advocacy Fund.....................$1,068 | ||
Agricultural Premium Fund............................$493 | ||
Wildlife and Fish Fund...............................$247 | ||
Radiation Protection Fund.........................$33,277 | ||
Nuclear Safety Emergency Preparedness Fund........$25,652 | ||
Tourism Promotion Fund............................$6,814
| ||
All of these transfers shall be made on July 1, 2004, or as | ||
soon thereafter as practical. These transfers shall be made | ||
notwithstanding any other provision of State law to the | ||
contrary.
| ||
(e-5) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2005 and through June 30, | ||
2006, in addition to any other transfers that may be provided | ||
for by law, at the direction of and upon notification from the | ||
Director of Central Management Services, the State Comptroller | ||
shall direct and the State Treasurer shall transfer amounts | ||
into the Professional Services Fund from the designated funds | ||
not exceeding the following totals:
| ||
Food and Drug Safety Fund..........................$3,249 | ||
Financial Institution Fund........................$12,942 | ||
General Professions Dedicated Fund.................$8,579 | ||
Illinois Department of Agriculture | ||
Laboratory
Services Revolving Fund...........$1,963 | ||
Illinois Veterans' Rehabilitation Fund............$11,275 | ||
State Boating Act Fund............................$27,000 | ||
State Parks Fund..................................$22,007 | ||
Agricultural Premium Fund.........................$59,483 | ||
Fire Prevention Fund..............................$29,862 | ||
Mental Health Fund................................$78,213 | ||
Illinois State Pharmacy Disciplinary Fund..........$2,744 | ||
Radiation Protection Fund.........................$16,034 | ||
Solid Waste Management Fund.......................$37,669 | ||
Illinois Gaming Law Enforcement Fund...............$7,260 | ||
Subtitle D Management Fund.........................$4,659 | ||
Illinois State Medical Disciplinary Fund...........$8,602 | ||
Department of Children and | ||
Family Services Training Fund.................$29,906 | ||
Facility Licensing Fund............................$1,083 | ||
Youth Alcoholism and Substance | ||
Abuse Prevention Fund..........................$2,783 | ||
Plugging and Restoration Fund......................$1,105 | ||
State Crime Laboratory Fund........................$1,353 | ||
Motor Vehicle Theft Prevention Trust Fund..........$9,190 | ||
Weights and Measures Fund..........................$4,932 | ||
Solid Waste Management Revolving | ||
Loan Fund......................................$2,735 | ||
Illinois School Asbestos Abatement Fund............$2,166 | ||
Violence Prevention Fund...........................$5,176 | ||
Capital Development Board Revolving Fund..........$14,777 | ||
DCFS Children's Services Fund..................$1,256,594 | ||
State Police DUI Fund..............................$1,434 | ||
Illinois Health Facilities Planning Fund...........$3,191 | ||
Emergency Public Health Fund.......................$7,996 | ||
Fair and Exposition Fund...........................$3,732 | ||
Nursing Dedicated and Professional Fund............$5,792 | ||
Optometric Licensing and Disciplinary Board Fund...$1,032 | ||
Underground Resources Conservation Enforcement Fund.$1,221 | ||
State Rail Freight Loan Repayment Fund.............$6,434 | ||
Drunk and Drugged Driving Prevention Fund..........$5,473 | ||
Illinois Affordable Housing Trust Fund...........$118,222 | ||
Community Water Supply Laboratory Fund............$10,021 | ||
Used Tire Management Fund.........................$17,524 | ||
Natural Areas Acquisition Fund....................$15,501 | ||
Open Space Lands Acquisition | ||
and Development Fund..........................$49,105 | ||
Working Capital Revolving Fund...................$126,344 | ||
State Garage Revolving Fund.......................$92,513 | ||
Statistical Services Revolving Fund..............$181,949 | ||
Paper and Printing Revolving Fund..................$3,632 | ||
Air Transportation Revolving Fund..................$1,969 | ||
Communications Revolving Fund....................$304,278 | ||
Environmental Laboratory Certification Fund........$1,357 | ||
Public Health Laboratory Services Revolving Fund...$5,892 | ||
Provider Inquiry Trust Fund........................$1,742 | ||
Lead Poisoning Screening, | ||
Prevention, and Abatement Fund.................$8,200 | ||
Drug Treatment Fund...............................$14,028 | ||
Feed Control Fund..................................$2,472 | ||
Plumbing Licensure and Program Fund................$3,521 | ||
Insurance Premium Tax Refund Fund..................$7,872 | ||
Tax Compliance and Administration Fund.............$5,416 | ||
Appraisal Administration Fund......................$2,924 | ||
Trauma Center Fund................................$40,139 | ||
Alternate Fuels Fund...............................$1,467 | ||
Illinois State Fair Fund..........................$13,844 | ||
State Asset Forfeiture Fund........................$8,210 | ||
Federal Asset Forfeiture Fund......................$6,471 | ||
Department of Corrections Reimbursement | ||
and Education Fund............................$78,965 | ||
Health Facility Plan Review Fund...................$3,444 | ||
LEADS Maintenance Fund.............................$6,075 | ||
State Offender DNA Identification | ||
System Fund....................................$1,712 | ||
Illinois Historic Sites Fund.......................$4,511 | ||
Public Pension Regulation Fund.....................$2,313 | ||
Workforce, Technology, and Economic | ||
Development Fund...............................$5,357 | ||
Renewable Energy Resources Trust Fund.............$29,920 | ||
Energy Efficiency Trust Fund.......................$8,368 | ||
Pesticide Control Fund.............................$6,687 | ||
Conservation 2000 Fund............................$30,764 | ||
Wireless Carrier Reimbursement Fund...............$91,024 | ||
International Tourism Fund........................$13,057 | ||
Public Transportation Fund.......................$701,837 | ||
Horse Racing Fund.................................$18,589 | ||
Death Certificate Surcharge Fund...................$1,901 | ||
State Police Wireless Service | ||
Emergency Fund.................................$1,012 | ||
Downstate Public Transportation Fund.............$112,085 | ||
Motor Carrier Safety Inspection Fund...............$6,543 | ||
State Police Whistleblower Reward | ||
and Protection Fund............................$1,894 | ||
Illinois Standardbred Breeders Fund................$4,412 | ||
Illinois Thoroughbred Breeders Fund................$6,635 | ||
Illinois Clean Water Fund.........................$17,579 | ||
Independent Academic Medical Center Fund...........$5,611 | ||
Child Support Administrative Fund................$432,527 | ||
Corporate Headquarters Relocation | ||
Assistance Fund................................$4,047 | ||
Local Initiative Fund.............................$58,762 | ||
Tourism Promotion Fund............................$88,072 | ||
Digital Divide Elimination Fund...................$11,593 | ||
Presidential Library and Museum Operating Fund.....$4,624 | ||
Metro-East Public Transportation Fund.............$47,787 | ||
Medical Special Purposes Trust Fund...............$11,779 | ||
Dram Shop Fund....................................$11,317 | ||
Illinois State Dental Disciplinary Fund............$1,986 | ||
Hazardous Waste Research Fund......................$1,333 | ||
Real Estate License Administration Fund...........$10,886 | ||
Traffic and Criminal Conviction | ||
Surcharge Fund................................$44,798 | ||
Criminal Justice Information | ||
Systems Trust Fund.............................$5,693 | ||
Design Professionals Administration | ||
and Investigation Fund.........................$2,036 | ||
State Surplus Property Revolving Fund..............$6,829 | ||
Illinois Forestry Development Fund.................$7,012 | ||
State Police Services Fund........................$47,072 | ||
Youth Drug Abuse Prevention Fund...................$1,299 | ||
Metabolic Screening and Treatment Fund............$15,947 | ||
Insurance Producer Administration Fund............$30,870 | ||
Coal Technology Development Assistance Fund.......$43,692 | ||
Rail Freight Loan Repayment Fund...................$1,016 | ||
Low-Level Radioactive Waste | ||
Facility
Development and Operation Fund......$1,989 | ||
Environmental Protection Permit and Inspection Fund.$32,125 | ||
Park and Conservation Fund........................$41,038 | ||
Local Tourism Fund................................$34,492 | ||
Illinois Capital Revolving Loan Fund..............$10,624 | ||
Illinois Equity Fund...............................$1,929 | ||
Large Business Attraction Fund.....................$5,554 | ||
Illinois Beach Marina Fund.........................$5,053 | ||
International and Promotional Fund.................$1,466 | ||
Public Infrastructure Construction | ||
Loan Revolving Fund............................$3,111 | ||
Insurance Financial Regulation Fund...............$42,575 | ||
Total
$4,975,487
| ||
(e-7) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2006 and through June 30, | ||
2007, in addition to any other transfers that may be provided | ||
for by law, at the direction of and upon notification from the | ||
Director of Central Management Services, the State Comptroller | ||
shall direct and the State Treasurer shall transfer amounts | ||
into the Professional Services Fund from the designated funds | ||
not exceeding the following totals: | ||
Food and Drug Safety Fund..........................$3,300 | ||
Financial Institution Fund........................$13,000 | ||
General Professions Dedicated Fund.................$8,600 | ||
Illinois Department of Agriculture | ||
Laboratory Services Revolving Fund.............$2,000 | ||
Illinois Veterans' Rehabilitation Fund............$11,300 | ||
State Boating Act Fund............................$27,200 | ||
State Parks Fund..................................$22,100 | ||
Agricultural Premium Fund.........................$59,800 | ||
Fire Prevention Fund..............................$30,000 | ||
Mental Health Fund................................$78,700 | ||
Illinois State Pharmacy Disciplinary Fund..........$2,800 | ||
Radiation Protection Fund.........................$16,100 | ||
Solid Waste Management Fund.......................$37,900 | ||
Illinois Gaming Law Enforcement Fund...............$7,300 | ||
Subtitle D Management Fund.........................$4,700 | ||
Illinois State Medical Disciplinary Fund...........$8,700 | ||
Facility Licensing Fund............................$1,100 | ||
Youth Alcoholism and | ||
Substance Abuse Prevention Fund................$2,800 | ||
Plugging and Restoration Fund......................$1,100 | ||
State Crime Laboratory Fund........................$1,400 | ||
Motor Vehicle Theft Prevention Trust Fund..........$9,200 | ||
Weights and Measures Fund..........................$5,000 | ||
Illinois School Asbestos Abatement Fund............$2,200 | ||
Violence Prevention Fund...........................$5,200 | ||
Capital Development Board Revolving Fund..........$14,900 | ||
DCFS Children's Services Fund..................$1,294,000 | ||
State Police DUI Fund..............................$1,400 | ||
Illinois Health Facilities Planning Fund...........$3,200 | ||
Emergency Public Health Fund.......................$8,000 | ||
Fair and Exposition Fund...........................$3,800 | ||
Nursing Dedicated and Professional Fund............$5,800 | ||
Optometric Licensing and Disciplinary Board Fund...$1,000 | ||
Underground Resources Conservation | ||
Enforcement Fund...............................$1,200 | ||
State Rail Freight Loan Repayment Fund.............$6,500 | ||
Drunk and Drugged Driving Prevention Fund..........$5,500 | ||
Illinois Affordable Housing Trust Fund...........$118,900 | ||
Community Water Supply Laboratory Fund............$10,100 | ||
Used Tire Management Fund.........................$17,600 | ||
Natural Areas Acquisition Fund....................$15,600 | ||
Open Space Lands Acquisition | ||
and Development Fund..........................$49,400 | ||
Working Capital Revolving Fund...................$127,100 | ||
State Garage Revolving Fund.......................$93,100 | ||
Statistical Services Revolving Fund..............$183,000 | ||
Paper and Printing Revolving Fund..................$3,700 | ||
Air Transportation Revolving Fund..................$2,000 | ||
Communications Revolving Fund....................$306,100 | ||
Environmental Laboratory Certification Fund........$1,400 | ||
Public Health Laboratory Services | ||
Revolving Fund.................................$5,900 | ||
Provider Inquiry Trust Fund........................$1,800 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund.............................$8,200 | ||
Drug Treatment Fund...............................$14,100 | ||
Feed Control Fund..................................$2,500 | ||
Plumbing Licensure and Program Fund................$3,500 | ||
Insurance Premium Tax Refund Fund..................$7,900 | ||
Tax Compliance and Administration Fund.............$5,400 | ||
Appraisal Administration Fund......................$2,900 | ||
Trauma Center Fund................................$40,400 | ||
Alternate Fuels Fund..............................$1,500
| ||
Illinois State Fair Fund..........................$13,900 | ||
State Asset Forfeiture Fund........................$8,300 | ||
Department of Corrections | ||
Reimbursement and Education Fund..............$79,400 | ||
Health Facility Plan Review Fund...................$3,500 | ||
LEADS Maintenance Fund.............................$6,100 | ||
State Offender DNA Identification System Fund......$1,700 | ||
Illinois Historic Sites Fund.......................$4,500 | ||
Public Pension Regulation Fund.....................$2,300 | ||
Workforce, Technology, and Economic | ||
Development Fund...............................$5,400 | ||
Renewable Energy Resources Trust Fund.............$30,100 | ||
Energy Efficiency Trust Fund.......................$8,400 | ||
Pesticide Control Fund.............................$6,700 | ||
Conservation 2000 Fund............................$30,900 | ||
Wireless Carrier Reimbursement Fund...............$91,600 | ||
International Tourism Fund........................$13,100 | ||
Public Transportation Fund.......................$705,900 | ||
Horse Racing Fund.................................$18,700 | ||
Death Certificate Surcharge Fund...................$1,900 | ||
State Police Wireless Service Emergency Fund.......$1,000 | ||
Downstate Public Transportation Fund.............$112,700 | ||
Motor Carrier Safety Inspection Fund...............$6,600 | ||
State Police Whistleblower | ||
Reward and Protection Fund.....................$1,900 | ||
Illinois Standardbred Breeders Fund................$4,400 | ||
Illinois Thoroughbred Breeders Fund................$6,700 | ||
Illinois Clean Water Fund.........................$17,700 | ||
Child Support Administrative Fund................$435,100 | ||
Tourism Promotion Fund............................$88,600 | ||
Digital Divide Elimination Fund...................$11,700 | ||
Presidential Library and Museum Operating Fund.....$4,700 | ||
Metro-East Public Transportation Fund.............$48,100 | ||
Medical Special Purposes Trust Fund...............$11,800 | ||
Dram Shop Fund....................................$11,400 | ||
Illinois State Dental Disciplinary Fund............$2,000 | ||
Hazardous Waste Research Fund......................$1,300 | ||
Real Estate License Administration Fund...........$10,900 | ||
Traffic and Criminal Conviction Surcharge Fund....$45,100 | ||
Criminal Justice Information Systems Trust Fund....$5,700 | ||
Design Professionals Administration | ||
and Investigation Fund.........................$2,000 | ||
State Surplus Property Revolving Fund..............$6,900 | ||
State Police Services Fund........................$47,300 | ||
Youth Drug Abuse Prevention Fund...................$1,300 | ||
Metabolic Screening and Treatment Fund............$16,000 | ||
Insurance Producer Administration Fund............$31,100 | ||
Coal Technology Development Assistance Fund.......$43,900 | ||
Low-Level Radioactive Waste Facility | ||
Development and Operation Fund.................$2,000 | ||
Environmental Protection Permit | ||
and Inspection Fund...........................$32,300 | ||
Park and Conservation Fund........................$41,300 | ||
Local Tourism Fund................................$34,700 | ||
Illinois Capital Revolving Loan Fund..............$10,700 | ||
Illinois Equity Fund...............................$1,900 | ||
Large Business Attraction Fund.....................$5,600 | ||
Illinois Beach Marina Fund.........................$5,100 | ||
International and Promotional Fund.................$1,500 | ||
Public Infrastructure Construction | ||
Loan Revolving Fund............................$3,100 | ||
Insurance Financial Regulation Fund..............$42,800
| ||
Total $4,918,200
| ||
(e-10) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on the first day of each calendar quarter | ||
of the fiscal year beginning July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Professional Services Fund amounts equal to one-fourth | ||
of each of the following totals:
| ||
General Revenue Fund...........................$4,440,000 | ||
Road Fund......................................$5,324,411 | ||
Total $9,764,411
| ||
(e-15) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, the State Comptroller shall direct and the | ||
State Treasurer shall transfer from the funds specified into | ||
the Professional Services Fund according to the schedule | ||
specified herein as follows:
| ||
General Revenue Fund..........................$4,466,000
| ||
Road Fund.....................................$5,355,500
| ||
Total $9,821,500
| ||
One-fourth of the specified amount shall be transferred on | ||
each of July 1 and October 1, 2006, or as soon as may be | ||
practical thereafter, and one-half of the specified amount | ||
shall be transferred on January 1, 2007, or as soon as may be | ||
practical thereafter.
| ||
(f) The term "professional services" means services | ||
rendered on behalf of State agencies and other State entities
| ||
pursuant to Section 405-293 of the Department of Central | ||
Management Services Law of the Civil Administrative Code of | ||
Illinois.
| ||
(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.) | ||
(30 ILCS 105/6z-64) | ||
Sec. 6z-64. The Workers' Compensation Revolving Fund. | ||
(a) The Workers' Compensation Revolving Fund is created as | ||
a revolving fund in the State treasury. The following moneys | ||
shall be deposited into the Fund: | ||
(1) amounts authorized for transfer to the Fund from | ||
the General Revenue Fund and other State funds (except for | ||
funds classified by the Comptroller as federal trust funds | ||
or State trust funds) pursuant to State law or Executive | ||
Order; | ||
(2) federal funds received by the Department of Central | ||
Management Services (the "Department") as a result of | ||
expenditures from the Fund; | ||
(3) interest earned on moneys in the Fund; | ||
(4) receipts or inter-fund transfers resulting from | ||
billings issued by the Department to State agencies and | ||
universities for the cost of workers' compensation | ||
services rendered by the Department that are not | ||
compensated through the specific fund transfers authorized | ||
by this Section, if any; | ||
(5) amounts received from a State agency or university | ||
for workers' compensation payments for temporary total | ||
disability, as provided in Section 405-105 of the | ||
Department of Central Management Services Law of the Civil | ||
Administrative Code of Illinois; and | ||
(6) amounts recovered through subrogation in workers' | ||
compensation and workers' occupational disease cases. | ||
(b) Moneys in the Fund may be used by the Department for | ||
reimbursement or payment for: | ||
(1) providing workers' compensation services to State | ||
agencies and State universities; or | ||
(2) providing for payment of administrative and other | ||
expenses incurred by the Department in providing workers' | ||
compensation services. | ||
(c) State agencies may direct the Comptroller to process | ||
inter-fund
transfers or make payment through the voucher and | ||
warrant process to the Workers' Compensation Revolving Fund in | ||
satisfaction of billings issued under subsection (a) of this | ||
Section. | ||
(d) Reconciliation. For the fiscal year beginning on July | ||
1, 2004 only, the Director of Central Management Services (the | ||
"Director") shall order that each State agency's payments and | ||
transfers made to the Fund be reconciled with actual Fund costs | ||
for workers' compensation services provided by the Department | ||
and attributable to the State agency and relevant fund on no | ||
less than an annual basis. The Director may require reports | ||
from State agencies as deemed necessary to perform this | ||
reconciliation. | ||
(d-5) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2005 and until June 30, 2006, | ||
in addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Director | ||
of Central Management Services, the State Comptroller shall | ||
direct and the State Treasurer shall transfer amounts into the | ||
Workers' Compensation Revolving Fund from the designated funds | ||
not exceeding the following totals: | ||
Mental Health Fund............................$17,694,000 | ||
Statistical Services Revolving Fund............$1,252,600 | ||
Department of Corrections Reimbursement | ||
and Education Fund.........................$1,198,600 | ||
Communications Revolving Fund....................$535,400 | ||
Child Support Administrative Fund................$441,900 | ||
Health Insurance Reserve Fund....................$238,900 | ||
Fire Prevention Fund.............................$234,100 | ||
Park and Conservation Fund.......................$142,000 | ||
Motor Fuel Tax Fund..............................$132,800 | ||
Illinois Workers' Compensation | ||
Commission Operations Fund...................$123,900 | ||
State Boating Act Fund...........................$112,300 | ||
Public Utility Fund..............................$106,500 | ||
State Lottery Fund...............................$101,300 | ||
Traffic and Criminal Conviction | ||
Surcharge Fund................................$88,500 | ||
State Surplus Property Revolving Fund.............$82,700 | ||
Natural Areas Acquisition Fund....................$65,600 | ||
Securities Audit and Enforcement Fund.............$65,200 | ||
Agricultural Premium Fund.........................$63,400 | ||
Capital Development Fund..........................$57,500 | ||
State Gaming Fund.................................$54,300 | ||
Underground Storage Tank Fund.....................$53,700 | ||
Illinois State Medical Disciplinary Fund..........$53,000 | ||
Personal Property Tax Replacement Fund............$53,000 | ||
General Professions Dedicated Fund...............$51,900
| ||
Total $23,003,100
| ||
(d-10) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on the first day of each calendar quarter | ||
of the fiscal year beginning July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund amounts equal to | ||
one-fourth of each of the following totals: | ||
General Revenue Fund......................... $34,000,000 | ||
Road Fund.................................... $25,987,000 | ||
Total $59,987,000
| ||
(d-12) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on the effective date of this amendatory | ||
Act of the 94th General Assembly, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: | ||
General Revenue Fund..........................$10,000,000 | ||
Road Fund......................................$5,000,000 | ||
Total $15,000,000
| ||
(d-15) Notwithstanding any other provision of State law to | ||
the contrary and in addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from each designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: | ||
General Revenue Fund.........................$44,028,200
| ||
Road Fund....................................$28,084,000
| ||
Total $72,112,200
| ||
(d-20) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2006 and until June 30, 2007, | ||
in addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Director | ||
of Central Management Services, the State Comptroller shall | ||
direct and the State Treasurer shall transfer amounts into the | ||
Workers' Compensation Revolving Fund from the designated funds | ||
not exceeding the following totals: | ||
Mental Health Fund............................$19,121,800 | ||
Statistical Services Revolving Fund............$1,353,700 | ||
Department of Corrections Reimbursement | ||
and Education Fund.........................$1,295,300 | ||
Communications Revolving Fund....................$578,600 | ||
Child Support Administrative Fund................$477,600 | ||
Health Insurance Reserve Fund....................$258,200 | ||
Fire Prevention Fund.............................$253,000 | ||
Park and Conservation Fund.......................$153,500 | ||
Motor Fuel Tax Fund..............................$143,500 | ||
Illinois Workers' Compensation | ||
Commission Operations Fund...................$133,900 | ||
State Boating Act Fund...........................$121,400 | ||
Public Utility Fund..............................$115,100 | ||
State Lottery Fund...............................$109,500 | ||
Traffic and Criminal Conviction Surcharge Fund....$95,700 | ||
State Surplus Property Revolving Fund.............$89,400 | ||
Natural Areas Acquisition Fund....................$70,800 | ||
Securities Audit and Enforcement Fund.............$70,400 | ||
Agricultural Premium Fund.........................$68,500 | ||
State Gaming Fund.................................$58,600 | ||
Underground Storage Tank Fund.....................$58,000 | ||
Illinois State Medical Disciplinary Fund..........$57,200 | ||
Personal Property Tax Replacement Fund............$57,200 | ||
General Professions Dedicated Fund...............$56,100
| ||
Total $24,797,000
| ||
(e) The term "workers' compensation services" means | ||
services, claims expenses, and related administrative costs | ||
incurred in performing the duties under
Sections 405-105 and | ||
405-411 of the Department of Central Management Services Law of | ||
the Civil Administrative Code of Illinois.
| ||
(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
| ||
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
| ||
Sec. 8.3. Money in the Road Fund shall, if and when the | ||
State of
Illinois incurs any bonded indebtedness for the | ||
construction of
permanent highways, be set aside and used for | ||
the purpose of paying and
discharging annually the principal | ||
and interest on that bonded
indebtedness then due and payable, | ||
and for no other purpose. The
surplus, if any, in the Road Fund | ||
after the payment of principal and
interest on that bonded | ||
indebtedness then annually due shall be used as
follows:
| ||
first -- to pay the cost of administration of Chapters | ||
2 through 10 of
the Illinois Vehicle Code, except the cost | ||
of administration of Articles I and
II of Chapter 3 of that | ||
Code; and
| ||
secondly -- for expenses of the Department of | ||
Transportation for
construction, reconstruction, | ||
improvement, repair, maintenance,
operation, and | ||
administration of highways in accordance with the
| ||
provisions of laws relating thereto, or for any purpose | ||
related or
incident to and connected therewith, including | ||
the separation of grades
of those highways with railroads | ||
and with highways and including the
payment of awards made | ||
by the Illinois Workers' Compensation Commission under the | ||
terms of
the Workers' Compensation Act or Workers' | ||
Occupational Diseases Act for
injury or death of an | ||
employee of the Division of Highways in the
Department of | ||
Transportation; or for the acquisition of land and the
| ||
erection of buildings for highway purposes, including the | ||
acquisition of
highway right-of-way or for investigations | ||
to determine the reasonably
anticipated future highway | ||
needs; or for making of surveys, plans,
specifications and | ||
estimates for and in the construction and maintenance
of | ||
flight strips and of highways necessary to provide access | ||
to military
and naval reservations, to defense industries | ||
and defense-industry
sites, and to the sources of raw | ||
materials and for replacing existing
highways and highway | ||
connections shut off from general public use at
military | ||
and naval reservations and defense-industry sites, or for | ||
the
purchase of right-of-way, except that the State shall | ||
be reimbursed in
full for any expense incurred in building | ||
the flight strips; or for the
operating and maintaining of | ||
highway garages; or for patrolling and
policing the public | ||
highways and conserving the peace; or for the operating | ||
expenses of the Department relating to the administration | ||
of public transportation programs; or for any of
those | ||
purposes or any other purpose that may be provided by law.
| ||
Appropriations for any of those purposes are payable from | ||
the Road
Fund. Appropriations may also be made from the Road | ||
Fund for the
administrative expenses of any State agency that | ||
are related to motor
vehicles or arise from the use of motor | ||
vehicles.
| ||
Beginning with fiscal year 1980 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are | ||
eligible for federal reimbursement;
| ||
1. Department of Public Health;
| ||
2. Department of Transportation, only with respect to | ||
subsidies for
one-half fare Student Transportation and | ||
Reduced Fare for Elderly;
| ||
3. Department of Central Management
Services, except | ||
for expenditures
incurred for group insurance premiums of | ||
appropriate personnel;
| ||
4. Judicial Systems and Agencies.
| ||
Beginning with fiscal year 1981 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are | ||
eligible for federal reimbursement:
| ||
1. Department of State Police, except for expenditures | ||
with
respect to the Division of Operations;
| ||
2. Department of Transportation, only with respect to | ||
Intercity Rail
Subsidies and Rail Freight Services.
| ||
Beginning with fiscal year 1982 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are | ||
eligible for federal reimbursement: Department
of Central | ||
Management Services, except for awards made by
the Illinois | ||
Workers' Compensation Commission under the terms of the | ||
Workers' Compensation Act
or Workers' Occupational Diseases | ||
Act for injury or death of an employee of
the Division of | ||
Highways in the Department of Transportation.
| ||
Beginning with fiscal year 1984 and thereafter, no Road | ||
Fund monies
shall be appropriated to the following Departments | ||
or agencies of State
government for administration, grants, or | ||
operations; but this
limitation is not a restriction upon | ||
appropriating for those purposes any
Road Fund monies that are | ||
eligible for federal reimbursement:
| ||
1. Department of State Police, except not more than 40% | ||
of the
funds appropriated for the Division of Operations;
| ||
2. State Officers.
| ||
Beginning with fiscal year 1984 and thereafter, no Road | ||
Fund monies
shall be appropriated to any Department or agency | ||
of State government
for administration, grants, or operations | ||
except as provided hereafter;
but this limitation is not a | ||
restriction upon appropriating for those
purposes any Road Fund | ||
monies that are eligible for federal
reimbursement. It shall | ||
not be lawful to circumvent the above
appropriation limitations | ||
by governmental reorganization or other
methods. | ||
Appropriations shall be made from the Road Fund only in
| ||
accordance with the provisions of this Section.
| ||
Money in the Road Fund shall, if and when the State of | ||
Illinois
incurs any bonded indebtedness for the construction of | ||
permanent
highways, be set aside and used for the purpose of | ||
paying and
discharging during each fiscal year the principal | ||
and interest on that
bonded indebtedness as it becomes due and | ||
payable as provided in the
Transportation Bond Act, and for no | ||
other
purpose. The surplus, if any, in the Road Fund after the | ||
payment of
principal and interest on that bonded indebtedness | ||
then annually due
shall be used as follows:
| ||
first -- to pay the cost of administration of Chapters | ||
2 through 10
of the Illinois Vehicle Code; and
| ||
secondly -- no Road Fund monies derived from fees, | ||
excises, or
license taxes relating to registration, | ||
operation and use of vehicles on
public highways or to | ||
fuels used for the propulsion of those vehicles,
shall be | ||
appropriated or expended other than for costs of | ||
administering
the laws imposing those fees, excises, and | ||
license taxes, statutory
refunds and adjustments allowed | ||
thereunder, administrative costs of the
Department of | ||
Transportation, including, but not limited to, the | ||
operating expenses of the Department relating to the | ||
administration of public transportation programs, payment | ||
of debts and liabilities incurred
in construction and | ||
reconstruction of public highways and bridges,
acquisition | ||
of rights-of-way for and the cost of construction,
| ||
reconstruction, maintenance, repair, and operation of | ||
public highways and
bridges under the direction and | ||
supervision of the State, political
subdivision, or | ||
municipality collecting those monies, and the costs for
| ||
patrolling and policing the public highways (by State, | ||
political
subdivision, or municipality collecting that | ||
money) for enforcement of
traffic laws. The separation of | ||
grades of such highways with railroads
and costs associated | ||
with protection of at-grade highway and railroad
crossing | ||
shall also be permissible.
| ||
Appropriations for any of such purposes are payable from | ||
the Road
Fund or the Grade Crossing Protection Fund as provided | ||
in Section 8 of
the Motor Fuel Tax Law.
| ||
Except as provided in this paragraph, beginning with fiscal | ||
year 1991 and
thereafter, no Road Fund monies
shall be | ||
appropriated to the Department of State Police for the purposes | ||
of
this Section in excess of its total fiscal year 1990 Road | ||
Fund
appropriations for those purposes unless otherwise | ||
provided in Section 5g of
this Act.
For fiscal years 2003,
| ||
2004, 2005, and 2006, and 2007 only, no Road Fund monies shall
| ||
be appropriated to the
Department of State Police for the | ||
purposes of this Section in excess of
$97,310,000.
It shall not | ||
be lawful to circumvent this limitation on
appropriations by | ||
governmental reorganization or other methods unless
otherwise | ||
provided in Section 5g of this Act.
| ||
In fiscal year 1994, no Road Fund monies shall be | ||
appropriated
to the
Secretary of State for the purposes of this | ||
Section in excess of the total
fiscal year 1991 Road Fund | |||||||||||||||||||||
appropriations to the Secretary of State for
those purposes, | |||||||||||||||||||||
plus $9,800,000. It
shall not be
lawful to circumvent
this | |||||||||||||||||||||
limitation on appropriations by governmental reorganization or | |||||||||||||||||||||
other
method.
| |||||||||||||||||||||
Beginning with fiscal year 1995 and thereafter, no Road | |||||||||||||||||||||
Fund
monies
shall be appropriated to the Secretary of State for | |||||||||||||||||||||
the purposes of this
Section in excess of the total fiscal year | |||||||||||||||||||||
1994 Road Fund
appropriations to
the Secretary of State for | |||||||||||||||||||||
those purposes. It shall not be lawful to
circumvent this | |||||||||||||||||||||
limitation on appropriations by governmental reorganization
or | |||||||||||||||||||||
other methods.
| |||||||||||||||||||||
Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||
appropriations to the
Secretary of State for the purposes of | |||||||||||||||||||||
this Section shall not exceed the
amounts specified for the | |||||||||||||||||||||
following fiscal years:
| |||||||||||||||||||||
| |||||||||||||||||||||
It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||
appropriations by
governmental reorganization or other | |||||||||||||||||||||
methods.
| |||||||||||||||||||||
No new program may be initiated in fiscal year 1991 and
| |||||||||||||||||||||
thereafter that is not consistent with the limitations imposed | |||||||||||||||||||||
by this
Section for fiscal year 1984 and thereafter, insofar as | |||||||||||||||||||||
appropriation of
Road Fund monies is concerned.
| |||||||||||||||||||||
Nothing in this Section prohibits transfers from the Road | |||||||||||||||||||||
Fund to the
State Construction Account Fund under Section 5e of | |||||||||||||||||||||
this Act; nor to the
General Revenue Fund, as authorized by | |||||||||||||||||||||
this amendatory Act of
the 93rd
General Assembly.
| ||
The additional amounts authorized for expenditure in this | ||
Section by Public Acts 92-0600, 93-0025, and 93-0839, and 94-91
| ||
shall be repaid to the Road Fund
from the General Revenue Fund | ||
in the next succeeding fiscal year that the
General Revenue | ||
Fund has a positive budgetary balance, as determined by
| ||
generally accepted accounting principles applicable to | ||
government.
| ||
The additional amounts authorized for expenditure by the | ||
Secretary of State
and
the Department of State Police in this | ||
Section by this amendatory Act of the
94th General Assembly and | ||
the 93rd General
Assembly shall be repaid to the Road Fund from | ||
the General Revenue Fund in the
next
succeeding fiscal year | ||
that the General Revenue Fund has a positive budgetary
balance,
| ||
as determined by generally accepted accounting principles | ||
applicable to
government.
| ||
(Source: P.A. 93-25, eff. 6-20-03; 93-721, eff. 1-1-05; 93-839, | ||
eff. 7-30-04; 94-91, eff. 7-1-05.)
| ||
(30 ILCS 105/8.16c)
| ||
Sec. 8.16c. Appropriations related to efficiency | ||
initiatives. Appropriations for processing contracted | ||
assistance, the
purchase
of commodities and equipment, the | ||
retention of staff, and all other expenses
incident to | ||
efficiency initiatives authorized by Section 405-292 of the
| ||
Department of Central Management Services Law of the Civil | ||
Administrative Code
of Illinois are payable from the Efficiency
| ||
Initiatives Revolving Fund. Facilities Management Revolving | ||
Fund billings issued to the Department of Central Management | ||
Services, as authorized by Section 6z-65, are also payable from | ||
the Efficiency Initiatives Revolving Fund. Until there are | ||
sufficient funds in the Efficiency
Initiatives Revolving Fund | ||
to carry out the purposes of this amendatory Act of
the 93rd | ||
General Assembly, the State agencies subject to Section 405-292 | ||
of the
Department of Central Management Services Law of the | ||
Civil Administrative Code
of Illinois shall, on written | ||
approval
of the Director of Central Management Services, pay | ||
the costs associated with
the efficiency initiative authorized | ||
by that Section from current appropriations as if those | ||
expenses were
duly incurred by the respective agencies.
| ||
(Source: P.A. 93-25, eff. 6-20-03.)
| ||
(30 ILCS 105/8.43) | ||
Sec. 8.43. Special fund transfers. | ||
(a) In order to maintain the integrity of special funds and | ||
improve stability in the General Revenue Fund, the following | ||
transfers are authorized from the designated funds into the | ||
General Revenue Fund: | ||
SECRETARY OF STATE SPECIAL LICENSE | ||
PLATE FUND...........................................$856,000 | ||
SECURITIES INVESTORS EDUCATION FUND ......$3,271,000 | ||
SECURITIES AUDIT & ENFORCEMENT FUND .....$17,014,000 | ||
DEPARTMENT OF BUSINESS SERVICES SPECIAL | ||
OPERATIONS FUND......................................$524,000 | ||
SECRETARY OF STATE SPECIAL SERVICES FUND.........$600,000 | ||
SECRETARY OF STATE DUI ADMINISTRATION FUND ......$582,000 | ||
FOOD & DRUG SAFETY FUND....................$817,000 | ||
TRANSPORTATION REGULATORY FUND ................$2,379,000 | ||
FINANCIAL INSTITUTION FUND...............$2,003,000 | ||
GENERAL PROFESSIONS DEDICATED FUND...........$497,000 | ||
DRIVERS EDUCATION FUND ...............$2,967,000 | ||
STATE BOATING ACT FUND ..............$1,072,000 | ||
AGRICULTURAL PREMIUM FUND ...................$7,777,000 | ||
PUBLIC UTILITY FUND ...................$8,202,000 | ||
RADIATION PROTECTION FUND ....................$750,000 | ||
SOLID WASTE MANAGEMENT FUND ..........$10,084,000 | ||
SUBTITLE D MANAGEMENT FUND ....................$3,006,000 | ||
PLUGGING AND RESTORATION FUND ...... $1,255,000 | ||
REGISTERED CERTIFIED PUBLIC ACCOUNTANTS | ||
ADMINISTRATION AND DISCIPLINARY FUND ..............$819,000 | ||
WEIGHTS AND MEASURES FUND ............... $1,800,000 | ||
SOLID WASTE MANAGEMENT REVOLVING LOAN FUND.......$647,000 | ||
RESPONSE CONTRACTORS INDEMNIFICATION FUND........$107,000 | ||
CAPITAL DEVELOPMENT BOARD REVOLVING LOAN FUND..$1,229,000 | ||
PROFESSIONS INDIRECT COST FUND ................$39,000 | ||
ILLINOIS HEALTH FACILITIES PLANNING FUND ...$2,351,000 | ||
OPTOMETRIC LICENSING AND DISCIPLINARY | ||
BOARD FUND.........................................$1,121,000 | ||
STATE RAIL FREIGHT LOAN REPAYMENT FUND .$3,500,000 | ||
ILLINOIS TAX INCREMENT FUND ..............$1,500,000 | ||
USED TIRE MANAGEMENT FUND ...................$3,278,000 | ||
AUDIT EXPENSE FUND ......................$1,237,000 | ||
INSURANCE PREMIUM TAX REFUND FUND .............$2,500,000 | ||
CORPORATE FRANCHISE TAX REFUND FUND .........$1,650,000 | ||
TAX COMPLIANCE AND ADMINISTRATION FUND ........$9,513,000 | ||
APPRAISAL ADMINISTRATION FUND..................$1,107,000 | ||
STATE ASSET FORFEITURE FUND ........ $1,500,000 | ||
FEDERAL ASSET FORFEITURE FUND ............$3,943,000 | ||
DEPARTMENT OF CORRECTIONS REIMBURSEMENT | ||
AND EDUCATION FUND................................$14,500,000 | ||
LEADS MAINTENANCE FUND ...$2,000,000 | ||
STATE OFFENDER DNA IDENTIFICATION SYSTEM FUND....$250,000 | ||
WORKFORCE, TECHNOLOGY, AND ECONOMIC | ||
DEVELOPMENT FUND ......................$267,819.60
$1,500,000 | ||
RENEWABLE ENERGY RESOURCES TRUST FUND .$9,510,000 | ||
ENERGY EFFICIENCY TRUST FUND .........$3,040,000 | ||
CONSERVATION 2000 FUND ...............$7,439,000 | ||
HORSE RACING FUND .....................$2,500,000 | ||
STATE POLICE WIRELESS SERVICE EMERGENCY FUND .$500,000 | ||
WHISTLEBLOWER REWARD AND PROTECTION FUND .......$750,000 | ||
TOBACCO SETTLEMENT RECOVERY FUND .............$19,300,000 | ||
PRESIDENTIAL LIBRARY AND MUSEUM FUND ..$500,000 | ||
MEDICAL SPECIAL PURPOSES TRUST FUND ......$967,000 | ||
DRAM SHOP FUND ...............................$1,517,000 | ||
DESIGN PROFESSIONALS ADMINISTRATION AND | ||
INVESTIGATION FUND ............................$1,172,000 | ||
ILLINOIS FORESTRY DEVELOPMENT FUND .....$1,257,000 | ||
STATE POLICE SERVICES FUND .....................$250,000 | ||
METABOLIC SCREENING AND TREATMENT FUND ....$3,435,000 | ||
INSURANCE PRODUCER ADMINISTRATION FUND .....$12,727,000 | ||
LOW-LEVEL RADIOACTIVE WASTE FACILITY | ||
DEVELOPMENT AND OPERATION FUND ............$2,202,000 | ||
LOW-LEVEL RADIOACTIVE WASTE FACILITY CLOSURE,
| ||
POST-CLOSURE CARE AND COMPENSATION FUND ......$6,000,000 | ||
ENVIRONMENTAL PROTECTION PERMIT AND | ||
INSPECTION FUND ...............................$874,000 | ||
PARK AND CONSERVATION FUND ....................$1,000,000 | ||
PUBLIC INFRASTRUCTURE CONSTRUCTION LOAN | ||
REVOLVING FUND ..................................$1,822,000 | ||
LOBBYIST REGISTRATION ADMINISTRATION FUND ......$327,000 | ||
DIVISION OF CORPORATIONS REGISTERED | ||
LIMITED LIABILITY PARTNERSHIP FUND ............$356,000 | ||
WORKING CAPITAL REVOLVING FUND | ||
(30 ILCS 105/6)...................................$12,000,000 | ||
All of these transfers shall be made on the effective date | ||
of this amendatory Act of the 93rd General Assembly, or as soon | ||
thereafter as practical. These transfers shall be made | ||
notwithstanding any other provision of State law to the | ||
contrary. | ||
(b) On and after the effective date of this amendatory Act | ||
of the 93rd General Assembly through June 30, 2005, when any of | ||
the funds listed in subsection (a) have insufficient cash from | ||
which the State Comptroller may make expenditures properly | ||
supported by appropriations from the fund, then the State | ||
Treasurer and State Comptroller shall transfer from the General | ||
Revenue Fund to the fund only such amount as is immediately | ||
necessary to satisfy outstanding expenditure obligations on a | ||
timely basis, subject to the provisions of the State Prompt | ||
Payment Act. Any amounts transferred from the General Revenue | ||
Fund to a fund pursuant to this subsection (b) from time to | ||
time shall be re-transferred by the State Comptroller and the | ||
State Treasurer from the receiving fund into the General | ||
Revenue Fund as soon as and to the extent that deposits are | ||
made into or receipts are collected by the receiving fund. In | ||
all events, the full amounts of all transfers from the General | ||
Revenue Fund to receiving funds shall be re-transferred to the | ||
General Revenue Fund no later than June 30, 2005.
| ||
(c) The sum of $57,700,000 shall be transferred, pursuant | ||
to appropriation, from the State Pensions Fund to the | ||
designated retirement systems (as defined in Section 8.12 of | ||
the State Finance Act) on the effective date of this amendatory | ||
Act of the 93rd General Assembly, or as soon thereafter as | ||
practical. On April 16, 2005, or as soon thereafter as | ||
practical, there shall be transferred, pursuant to | ||
appropriation, from the State Pensions Fund to the designated | ||
retirement systems (as defined in Section 8.12 of the State | ||
Finance Act) the lesser of (i) an amount equal to the balance | ||
in the State Pensions Fund on April 16, 2005, minus an amount | ||
equal to 75% of the total amount of fiscal year 2005 | ||
appropriations from the State Pensions Fund that were | ||
appropriated to the State Treasurer for administration of the | ||
Uniform Disposition of Unclaimed Property Act or (ii) | ||
$35,000,000. These transfers are intended to be all or part of | ||
the transfer required under Section 8.12 of the State Finance | ||
Act for fiscal year 2005. | ||
(d) The sum of $49,775,000 shall be transferred from the | ||
School Technology Revolving Loan Fund to the Common School Fund | ||
on the effective date of this amendatory Act of the 93rd | ||
General Assembly, or as soon thereafter as practical, | ||
notwithstanding any other provision of State law to the | ||
contrary.
| ||
(e) The sum of $80,000,000 shall be transferred from the | ||
General Revenue Fund to the State Pensions Fund on the | ||
effective date of this amendatory Act of the 93rd General | ||
Assembly, or as soon thereafter as practical.
| ||
(Source: P.A. 93-839, eff. 7-30-04.) | ||
(30 ILCS 105/8.44) | ||
Sec. 8.44. Special fund transfers. | ||
(a) In order to maintain the integrity of special funds and
| ||
improve stability in the General Revenue Fund, the following
| ||
transfers are authorized from the designated funds into the
| ||
General Revenue Fund: | ||
Aeronautics Fund......................................$2,186
| ||
Aggregate Operations Regulatory Fund.................$32,750
| ||
Agrichemical Incident Response Trust Fund...........$419,830
| ||
Agricultural Master Fund.............................$17,827
| ||
Air Transportation Revolving Fund...................$181,478
| ||
Airport Land Loan Revolving Fund..................$1,669,970
| ||
Alternate Fuels Fund..............................$1,056,833
| ||
Alternative Compliance Market Account Fund...........$53,120
| ||
Appraisal Administration Fund.......................$250,000
| ||
Armory Rental Fund..................................$111,538
| ||
Assisted Living and Shared Housing Regulatory Fund...$24,493
| ||
Bank and Trust Company Fund.......................$3,800,000
| ||
Capital Development Board Revolving Fund............$453,054
| ||
Care Provider Fund for Persons
| ||
with a Developmental Disability...................$2,378,270
| ||
Charter Schools Revolving Loan Fund.................$650,721
| ||
Child Support Administrative Fund.................$1,117,266
| ||
Coal Mining Regulatory Fund.........................$127,583
| ||
Communications Revolving Fund....................$12,999,839
| ||
Community Health Center Care Fund...................$104,480
| ||
Community Water Supply Laboratory Fund..............$716,232
| ||
Continuing Legal Education Trust Fund................$23,419
| ||
Corporate Franchise Tax Refund Fund.................$500,000
| ||
Court of Claims Administration and Grant Fund........$24,949
| ||
Criminal Justice Information Projects Fund...........$18,212
| ||
DCFS Special Purposes Trust Fund.....................$77,835
| ||
Death Certificate Surcharge Fund..................$1,134,341
| ||
Department of Business Services
| ||
Special Operations Fund...........................$2,000,000
| ||
Department of Children and Family Services
| ||
Training Fund.....................................$1,408,106
| ||
Department of Corrections
| ||
Reimbursement and Education Fund..................$2,208,323
| ||
Department of Insurance State Trust Fund.............$18,009
| ||
Department of Labor Special State Trust Fund........$359,895
| ||
Department on Aging State Projects Fund..............$10,059
| ||
Design Professionals Administration
| ||
and Investigation Fund...............................$51,701
| ||
DHS Recoveries Trust Fund.........................$1,591,834
| ||
DHS State Projects Fund..............................$89,917
| ||
Division of Corporations
| ||
Registered Limited Liability Partnership Fund.......$150,000
| ||
DNR Special Projects Fund...........................$301,649
| ||
Dram Shop Fund......................................$110,554
| ||
Drivers Education Fund...............................$30,152
| ||
Drug Rebate Fund.................................$17,315,821
| ||
Drug Traffic Prevention Fund.........................$22,123
| ||
Drug Treatment Fund.................................$160,030
| ||
Drunk and Drugged Driving Prevention Fund............$51,220
| ||
Drycleaner Environmental Response Trust Fund......$1,137,971
| ||
DuQuoin State Fair Harness Racing Trust Fund..........$3,368
| ||
Early Intervention Services Revolving Fund........$1,044,935
| ||
Economic Research and Information Fund...............$49,005
| ||
Educational Labor Relations Board
| ||
Fair Share Trust Fund................................$40,933
| ||
Efficiency Initiatives Revolving Fund.............$6,178,298
| ||
Emergency Planning and Training Fund.................$28,845
| ||
Emergency Public Health Fund........................$139,997
| ||
Emergency Response Reimbursement Fund................$15,873
| ||
EMS Assistance Fund..................................$40,923
| ||
Energy Assistance Contribution Fund..................$89,692
| ||
Energy Efficiency Trust Fund......................$1,300,938
| ||
Environmental Laboratory Certification Fund..........$62,039
| ||
Environmental Protection Permit and Inspection Fund.$180,571
| ||
Environmental Protection Trust Fund...............$2,228,031
| ||
EPA Court Trust Fund................................$338,646
| ||
EPA Special State Projects Trust Fund...............$284,263
| ||
Explosives Regulatory Fund...........................$23,125
| ||
Facilities Management Revolving Fund..............$4,803,971
| ||
Facility Licensing Fund..............................$22,958
| ||
Family Care Fund.....................................$22,585
| ||
Federal Asset Forfeiture Fund.........................$1,871
| ||
Feed Control Fund...................................$478,234
| ||
Fertilizer Control Fund.............................$207,398
| ||
Financial Institution Fund........................$2,448,690
| ||
Firearm Owner's Notification Fund.....................$3,960
| ||
Food and Drug Safety Fund...........................$421,401
| ||
General Professions Dedicated Fund................$3,975,808
| ||
Good Samaritan Energy Trust Fund......................$7,191
| ||
Governor's Grant Fund.................................$1,592
| ||
Group Workers' Compensation Pool Insolvency Fund....$136,547
| ||
Guardianship and Advocacy Fund.......................$27,289
| ||
Hazardous Waste Occupational Licensing Fund..........$14,939
| ||
Hazardous Waste Research Fund.......................$125,209
| ||
Health Facility Plan Review Fund....................$165,972
| ||
Hearing Instrument Dispenser
| ||
Examining and Disciplinary Fund.....................$102,842
| ||
Home Inspector Administration Fund..................$244,503
| ||
IEMA State Projects Fund.................................$13
| ||
Illinois Beach Marina Fund..........................$177,801
| ||
Illinois Capital Revolving Loan Fund..............$4,024,106
| ||
Illinois Clean Water Fund.........................$1,835,796
| ||
Illinois Community College Board
| ||
Contracts and Grants Fund.................................$9
| ||
Illinois Department of Agriculture
| ||
Laboratory Services Revolving Fund..................$174,795
| ||
Illinois Equity Fund................................$119,193
| ||
Illinois Executive Mansion Trust Fund................$56,154
| ||
Illinois Forestry Development Fund................$1,389,096
| ||
Illinois Future Teacher Corps Scholarship Fund........$4,836
| ||
Illinois Gaming Law Enforcement Fund................$650,646
| ||
Illinois Habitat Endowment Trust Fund.............$3,641,262
| ||
Illinois Health Facilities Planning Fund.............$23,066
| ||
Illinois Historic Sites Fund........................$134,366
| ||
Illinois National Guard Armory Construction Fund.....$31,469
| ||
Illinois Rural Rehabilitation Fund....................$8,190
| ||
Illinois School Asbestos Abatement Fund.............$183,191
| ||
Illinois State Fair Fund.............................$50,176
| ||
Illinois State Podiatric Disciplinary Fund..........$317,239
| ||
Illinois Student Assistance Commission
| ||
Contracts and Grants Fund.............................$5,589
| ||
Illinois Tourism Tax Fund...........................$647,749
| ||
Illinois Underground Utility Facilities
| ||
Damage Prevention Fund................................$2,175
| ||
Illinois Veterans' Rehabilitation Fund..............$218,940
| ||
Industrial Hygiene Regulatory and Enforcement Fund....$3,564
| ||
Innovations in Long-Term Care
| ||
Quality Demonstration Grants Fund...................$565,494
| ||
Insurance Financial Regulation Fund.................$800,000
| ||
ISAC Accounts Receivable Fund........................$26,374
| ||
ISBE GED Testing Fund...............................$146,196
| ||
ISBE Teacher Certificate Institute Fund.............$122,117
| ||
J.J. Wolf Memorial for Conservation Investigation Fund.$8,137
| ||
Kaskaskia Commons Permanent Fund.....................$79,813
| ||
Land Reclamation Fund................................$30,582
| ||
Large Business Attraction Fund......................$340,777
| ||
Lawyers' Assistance Program Fund....................$198,207
| ||
LEADS Maintenance Fund...............................$76,981
| ||
Lieutenant Governor's Grant Fund........................$188
| ||
Livestock Management Facilities Fund.................$47,800
| ||
Local Initiative Fund.............................$1,940,646
| ||
Local Tourism Fund..................................$132,876
| ||
Long Term Care Monitor/Receiver Fund................$427,850
| ||
Monetary Award Program Reserve Fund.................$879,700
| ||
McCormick Place Expansion Project Fund....................$0
| ||
Medicaid Buy-In Program Revolving Fund..............$318,894
| ||
Medicaid Fraud and Abuse Prevention Fund.............$60,306
| ||
Medical Special Purposes Trust Fund.................$930,668
| ||
Military Affairs Trust Fund..........................$68,468
| ||
Motor Carrier Safety Inspection Fund................$147,477
| ||
Motor Fuel and Petroleum Standards Fund..............$19,673
| ||
Motor Vehicle Review Board Fund.....................$250,000
| ||
Motor Vehicle Theft Prevention Trust Fund.........$1,415,361
| ||
Narcotics Profit Forfeiture Fund.....................$39,379
| ||
Natural Heritage Endowment Trust Fund...............$557,264
| ||
Natural Heritage Fund.................................$3,336
| ||
Natural Resources Information Fund...................$64,596
| ||
Natural Resources Restoration Trust Fund.............$63,002
| ||
Off-Highway Vehicle Trails Fund.....................$244,815
| ||
Oil Spill Response Fund.............................$167,547
| ||
Paper and Printing Revolving Fund....................$48,476
| ||
Park and Conservation Fund........................$3,050,154
| ||
Pawnbroker Regulation Fund...........................$94,131
| ||
Pesticide Control Fund..............................$420,223
| ||
Petroleum Resources Revolving Fund...................$85,540
| ||
Police Training Board Services Fund...................$1,540
| ||
Pollution Control Board Fund.........................$23,004
| ||
Pollution Control Board Trust Fund..................$410,651
| ||
Post Transplant Maintenance and Retention Fund.......$75,100
| ||
Presidential Library and Museum Operating Fund......$727,250
| ||
Professional Regulation Evidence Fund.................$2,817
| ||
Professional Services Fund...........................$46,222
| ||
Provider Inquiry Trust Fund.........................$207,098
| ||
Public Aid Recoveries Trust Fund..................$7,610,631
| ||
Public Health Laboratory Services Revolving Fund.....$92,276
| ||
Public Health Special State Projects Fund...........$816,202
| ||
Public Health Water Permit Fund......................$17,624
| ||
Public Infrastructure Construction
| ||
Loan Revolving Fund..................................$63,802
| ||
Public Pension Regulation Fund......................$222,433
| ||
Racing Board Fingerprint License Fund................$16,835
| ||
Radiation Protection Fund...........................$212,010
| ||
Real Estate License Administration Fund...........$1,500,000
| ||
Regulatory Evaluation and Basic Enforcement Fund.....$64,221
| ||
Regulatory Fund......................................$55,246
| ||
Renewable Energy Resources Trust Fund................$14,033
| ||
Response Contractors Indemnification Fund...............$126
| ||
Rural/Downstate Health Access Fund....................$4,644
| ||
Savings and Residential Finance Regulatory Fund...$5,200,000
| ||
School District Emergency Financial Assistance Fund.$2,130,848
| ||
School Technology Revolving Loan Fund................$19,158
| ||
Second Injury Fund..................................$151,493
| ||
Secretary of State Interagency Grant Fund............$40,900
| ||
Secretary of State Special License Plate Fund.......$520,200
| ||
Secretary of State Special Services Fund..........$2,500,000
| ||
Securities Audit and Enforcement Fund.............$3,400,000
| ||
Securities Investors Education Fund.................$100,000
| ||
Self-Insurers Administration Fund...................$286,964
| ||
Sex Offender Registration Fund........................$7,647
| ||
Sexual Assault Services Fund.........................$12,210
| ||
Small Business Environmental Assistance Fund.........$13,686
| ||
Snowmobile Trail Establishment Fund...................$3,124
| ||
Solid Waste Management Fund.......................$6,587,173
| ||
Sports Facilities Tax Trust Fund..................$1,112,590
| ||
State Appellate Defender Special State Projects Fund.$23,820
| ||
State Asset Forfeiture Fund..........................$71,988
| ||
State Boating Act Fund..............................$401,824
| ||
State College and University Trust Fund.............$139,439
| ||
State Crime Laboratory Fund..........................$44,965
| ||
State Fair Promotional Activities Fund................$8,734
| ||
State Garage Revolving Fund.........................$639,662
| ||
State Offender DNA Identification System Fund........$81,740
| ||
State Off-Set Claims Fund.........................$1,487,926
| ||
State Parks Fund..................................$1,045,889
| ||
State Police Motor Vehicle Theft Prevention Fund....$164,843
| ||
State Police Vehicle Fund............................$22,899
| ||
State Police Whistleblower Reward and Protection Fund.$199,699
| ||
State Rail Freight Loan Repayment Fund............$1,147,727
| ||
State Surplus Property Revolving Fund...............$388,284
| ||
State Whistleblower Reward and Protection Fund........$1,592
| ||
State's Attorneys Appellate Prosecutor's County Fund.$70,101
| ||
Statewide Grand Jury Prosecution Fund.................$7,645
| ||
Statistical Services Revolving Fund...............$4,847,783
| ||
Subtitle D Management Fund..........................$169,744
| ||
Tanning Facility Permit Fund.........................$64,571
| ||
Tax Compliance and Administration Fund..............$429,377
| ||
Tax Recovery Fund...................................$113,591
| ||
Teacher Certificate Fee Revolving Fund..............$982,399
| ||
Toxic Pollution Prevention Fund......................$28,534
| ||
Underground Resources Conservation Enforcement Fund.$294,251
| ||
University Grant Fund................................$23,881
| ||
Used Tire Management Fund.........................$1,918,500
| ||
Watershed Park Fund..................................$19,786
| ||
Weights and Measures Fund.........................$1,078,121
| ||
Workers' Compensation Benefit Trust Fund............$266,574
| ||
Workers' Compensation Revolving Fund................$520,285
| ||
Working Capital Revolving Fund....................$1,404,868
| ||
Youth Alcoholism and Substance Abuse Prevention Fund.$29,995
| ||
Youth Drug Abuse Prevention Fund.......................$4,091 | ||
All of these transfers shall be made in equal quarterly | ||
installments with the first made on the effective date
of this | ||
amendatory Act of the 94th General Assembly, or as soon
| ||
thereafter as practical, and with the remaining transfers to be | ||
made on October 1, January 1, and April 1, or as soon | ||
thereafter as practical. These transfers shall be made
| ||
notwithstanding any other provision of State law to the
| ||
contrary. | ||
The Governor may direct the State Comptroller and the State | ||
Treasurer to reverse the transfers previously authorized by | ||
statute to the General Revenue Fund and retransfer from the | ||
General Revenue Fund, if applicable, all or a portion of the | ||
transfers made pursuant to this subsection (a) to the following | ||
funds: | ||
(1) the Drycleaner Environmental Response Trust Fund; | ||
(2) the Educational Labor Relations Board Fair Share | ||
Trust Fund; | ||
(3) the Environmental Protection Trust Fund; | ||
(4) the Facilities Management Revolving Fund; | ||
(5) the Illinois Forestry Development Fund; | ||
(6) the Illinois Habitat Endowment Trust Fund; | ||
(7) the Innovations in Long-Term Care Quality | ||
Demonstration Grants Fund; | ||
(8) the Kaskaskia Commons Permanent Fund; | ||
(9) the Land Reclamation Fund; | ||
(10) the Lawyers' Assistance Program Fund; | ||
(11) the Local Initiative Fund; | ||
(12) the Petroleum Resources Revolving Fund; | ||
(13) the Sports Facilities Tax Trust Fund; | ||
(14) the State Garage Revolving Fund; | ||
(15) the State Off-Set Claims Fund; and | ||
(16) the DCFS Special Purposes Trust Fund.
| ||
(b) On and after the effective date of this amendatory Act
| ||
of the 94th General Assembly through June 30, 2006, when any of
| ||
the funds listed in subsection (a) have insufficient cash from
| ||
which the State Comptroller may make expenditures properly
| ||
supported by appropriations from the fund, then the State
| ||
Treasurer and State Comptroller shall transfer from the General
| ||
Revenue Fund to the fund only such amount as is immediately
| ||
necessary to satisfy outstanding expenditure obligations on a
| ||
timely basis, subject to the provisions of the State Prompt
| ||
Payment Act. All or a portion of the
Any amounts transferred | ||
from the General Revenue
Fund to a fund pursuant to this | ||
subsection (b) from time to
time may
shall be re-transferred by | ||
the State Comptroller and the
State Treasurer from the | ||
receiving fund into the General
Revenue Fund as soon as and to | ||
the extent that deposits are
made into or receipts are | ||
collected by the receiving fund. In
all events, the full | ||
amounts of all transfers from the General
Revenue Fund to | ||
receiving funds shall be re-transferred to the
General Revenue | ||
Fund no later than June 30, 2006. | ||
(c) Notwithstanding any other provision of law, on July 1, | ||
2005, or as soon thereafter as may be practical, the State | ||
Comptroller and the State Treasurer shall transfer $5,000,000 | ||
from the Communications Revolving Fund to the Hospital Basic | ||
Services Prevention Fund.
| ||
(Source: P.A. 94-91, eff. 7-1-05.) | ||
(30 ILCS 105/8.45 new)
| ||
Sec. 8.45. Special fund transfers. | ||
(a) In order to maintain the integrity of special funds and
| ||
improve stability in the General Revenue Fund, the following
| ||
transfers are authorized from the designated funds into the
| ||
General Revenue Fund: | ||
Food and Drug Safety Fund.......................$421,000
| ||
Grade Crossing Prevention Fund................$4,000,000
| ||
General Professions Dedicated Fund............$5,000,000
| ||
Economic Research and Information Fund...........$25,000
| ||
Illinois Department of Agriculture | ||
Laboratory Services Revolving Fund..........$100,000
| ||
Drivers Education Fund..........................$900,000
| ||
State Parks Fund..............................$1,046,000
| ||
Illinois State Pharmacy Disciplinary Fund.....$3,000,000
| ||
Public Utility Fund.............................$440,000
| ||
Solid Waste Management Fund.....................$200,000
| ||
Illinois Gaming Law Enforcement Fund............$652,000
| ||
Subtitle D Management Fund......................$300,000
| ||
Community Health Center Care Fund...............$100,000
| ||
School District Emergency Financial | ||
Assistance Fund...........................$1,325,000
| ||
Explosives Regulatory Fund.......................$23,000
| ||
Aggregate Operations Regulatory Fund.............$33,000
| ||
Coal Mining Regulatory Fund......................$50,000
| ||
Registered Certified Public Accountants' | ||
Administration and Disciplinary Fund......$1,000,000
| ||
Agrichemical Incident Response Trust Fund.......$200,000
| ||
Motor Vehicle Theft Prevention Trust Fund.......$500,000
| ||
Weights and Measures Fund.......................$600,000
| ||
Division of Corporations Registered Limited | ||
Liability Partnership Fund..................$555,000
| ||
Local Government Health Insurance | ||
Reserve Fund..............................$1,000,000
| ||
IPTIP Administrative Trust Fund.................$700,000
| ||
Professions Indirect Cost Fund..................$500,000
| ||
State Police DUI Fund...........................$150,000
| ||
Asbestos Abatement Fund.........................$500,000
| ||
Savings and Residential Finance | ||
Regulatory Fund...........................$6,000,000
| ||
Fair and Exposition Fund........................$200,000
| ||
State Police Vehicle Fund.......................$144,000
| ||
Department of Labor Special | ||
State Trust Fund............................$162,000
| ||
Nursing Dedicated and Professional Fund.......$3,000,000
| ||
Underground Resources Conservation | ||
Enforcement Fund............................$100,000
| ||
Mandatory Arbitration Fund......................$906,000
| ||
Income Tax Refund Fund.......................$44,000,000
| ||
Long Term Care Monitor/Receiver Fund............$300,000
| ||
Community Water Supply Laboratory Fund..........$200,000
| ||
Used Tire Management Fund.....................$1,000,000
| ||
Natural Areas Acquisition Fund................$5,000,000
| ||
State Garage Revolving Fund.....................$691,300
| ||
Statistical Services Revolving Fund.............$231,600
| ||
Paper and Printing Revolving Fund.................$9,900
| ||
Air Transportation Revolving Fund...............$100,000
| ||
Tax Recovery Fund...............................$150,000
| ||
Communications Revolving Fund.................$1,076,800
| ||
Facilities Management Revolving Fund............$111,900
| ||
Professional Services Fund....................$1,064,800
| ||
Treasurer's Rental Fee Fund.....................$100,000
| ||
Workers' Compensation Revolving Fund............$530,800
| ||
Audit Expense Fund............................$1,800,000
| ||
Securities Audit and Enforcement Fund...........$695,000
| ||
Department of Business Services | ||
Special Operations Fund...................$7,650,000
| ||
Innovations in Long-Term Care Quality | ||
Demonstration Grants Fund...................$300,000
| ||
State Treasurer's Bank Services Trust Fund....$5,000,000
| ||
Corporate Franchise Tax Refund Fund...........$1,400,000
| ||
Tax Compliance and Administration Fund..........$429,400
| ||
Appraisal Administration Fund.................$1,000,000
| ||
Trauma Center Fund............................$5,000,000
| ||
Public Aid Recoveries Trust Fund..............$8,611,000
| ||
State Asset Forfeiture Fund.....................$250,000
| ||
Health Facility Plan Review Fund................$166,000
| ||
LEADS Maintenance Fund...........................$77,000
| ||
Illinois Historic Sites Fund....................$134,400
| ||
Public Pension Regulation Fund...................$50,000
| ||
Pawnbroker Regulation Fund......................$100,000
| ||
Charter Schools Revolving Loan Fund...........$1,200,000
| ||
Attorney General Whistleblower | ||
Reward and Protection Fund................$1,000,000
| ||
Wireless Carrier Reimbursement Fund...........$8,000,000
| ||
International Tourism Fund....................$3,000,000
| ||
Real Estate Recovery Fund.......................$200,000
| ||
Death Certificate Surcharge Fund..............$1,000,000
| ||
Auction Recovery Fund............................$50,000
| ||
Motor Carrier Safety Inspection Fund............$150,000
| ||
State Police Whistleblower Reward | ||
and Protection Fund.........................$750,000
| ||
Post Transplant Maintenance and Retention Fund...$75,000
| ||
Tobacco Settlement Recovery Fund.............$19,900,000
| ||
Medicaid Buy-In Program Revolving Fund..........$319,000
| ||
Home Inspector Administration Fund..............$200,000
| ||
Tourism Promotion Fund........................$4,000,000
| ||
Lawyers' Assistance Program Fund.................$67,200
| ||
Presidential Library and Museum | ||
Operating Fund..............................$750,000
| ||
Dram Shop Fund..................................$112,000
| ||
Illinois State Dental Disciplinary Fund.........$250,000
| ||
Real Estate License Administration Fund.......$5,000,000
| ||
Traffic and Criminal Conviction Surcharge Fund..$250,000
| ||
Design Professionals Administration | ||
and Investigation Fund......................$100,000
| ||
State Surplus Property Revolving Fund.............$6,300
| ||
State Police Services Fund......................$200,000
| ||
Health Insurance Reserve Fund................$21,000,000
| ||
DHS Recoveries Trust Fund.....................$3,591,800
| ||
Insurance Producer Administration Fund........$2,000,000
| ||
State Treasurer Court Ordered Escrow Fund.......$250,000
| ||
Environmental Protection Permit and | ||
Inspection Fund.............................$181,000
| ||
Illinois State Podiatric Disciplinary Fund......$250,000
| ||
Illinois Beach Marina Fund......................$100,000
| ||
International and Promotional Fund...............$70,000
| ||
Insurance Financial Regulation Fund...........$5,000,000
| ||
TOTAL $200,084,200
| ||
All of these transfers shall be made in equal quarterly | ||
installments with the first made on July 1, 2006, or as soon
| ||
thereafter as practical, and with the remaining transfers to be | ||
made on October 1, January 1, and April 1, or as soon | ||
thereafter as practical. These transfers shall be made
| ||
notwithstanding any other provision of State law to the
| ||
contrary.
| ||
(b) On and after the effective date of this amendatory Act
| ||
of the 94th General Assembly through June 30, 2007, when any of
| ||
the funds listed in subsection (a) have insufficient cash from
| ||
which the State Comptroller may make expenditures properly
| ||
supported by appropriations from the fund, then the State
| ||
Treasurer and State Comptroller shall transfer from the General
| ||
Revenue Fund to the fund only such amount as is immediately
| ||
necessary to satisfy outstanding expenditure obligations on a
| ||
timely basis, subject to the provisions of the State Prompt
| ||
Payment Act. All or a portion of the amounts transferred from | ||
the General Revenue
Fund to a fund pursuant to this subsection | ||
(b) from time to
time may be re-transferred by the State | ||
Comptroller and the
State Treasurer from the receiving fund | ||
into the General
Revenue Fund as soon as and to the extent that | ||
deposits are
made into or receipts are collected by the | ||
receiving fund.
| ||
(30 ILCS 105/8.55) | ||
Sec. 8.55. Interfund transfers. On or after July 1, 2004 | ||
and until June 30, 2005
2006, in addition to any other | ||
transfers that may be provided for by law, at the direction of | ||
and upon notification from the Director of Healthcare and | ||
Family Services (formerly Director of Public Aid), the State | ||
Comptroller shall direct and the State Treasurer shall transfer | ||
amounts into the General Revenue Fund from the designated funds | ||
not exceeding the following totals: | ||
Hospital Provider Fund........................$36,000,000 | ||
Health and Human Services Medicaid Trust Fund.$124,000,000. | ||
Transfers of moneys under this Section may not exceed a | ||
total of $80,000,000 in any State fiscal year.
| ||
(Source: P.A. 93-841, eff. 7-30-04; revised 12-15-05.)
| ||
(30 ILCS 105/8g)
| ||
Sec. 8g. Fund transfers.
| ||
(a) In addition to any other transfers that may be provided | ||
for by law, as
soon as may be practical after the effective | ||
date of this amendatory Act of
the 91st General Assembly, the | ||
State Comptroller shall direct and the State
Treasurer shall | ||
transfer the sum of $10,000,000 from the General Revenue Fund
| ||
to the Motor Vehicle License Plate Fund created by Senate Bill | ||
1028 of the 91st
General Assembly.
| ||
(b) In addition to any other transfers that may be provided | ||
for by law, as
soon as may be practical after the effective | ||
date of this amendatory Act of
the 91st General Assembly, the | ||
State Comptroller shall direct and the State
Treasurer shall | ||
transfer the sum of $25,000,000 from the General Revenue Fund
| ||
to the Fund for Illinois' Future created by Senate Bill 1066 of | ||
the 91st
General Assembly.
| ||
(c) In addition to any other transfers that may be provided | ||
for by law,
on August 30 of each fiscal year's license period, | ||
the Illinois Liquor Control
Commission shall direct and the | ||
State Comptroller and State Treasurer shall
transfer from the | ||
General Revenue Fund to the Youth Alcoholism and Substance
| ||
Abuse Prevention Fund an amount equal to the number of retail | ||
liquor licenses
issued for that fiscal year multiplied by $50.
| ||
(d) The payments to programs required under subsection (d) | ||
of Section 28.1
of the Horse Racing Act of 1975 shall be made, | ||
pursuant to appropriation, from
the special funds referred to | ||
in the statutes cited in that subsection, rather
than directly | ||
from the General Revenue Fund.
| ||
Beginning January 1, 2000, on the first day of each month, | ||
or as soon
as may be practical thereafter, the State | ||
Comptroller shall direct and the
State Treasurer shall transfer | ||
from the General Revenue Fund to each of the
special funds from | ||
which payments are to be made under Section 28.1(d) of the
| ||
Horse Racing Act of 1975 an amount equal to 1/12 of the annual | ||
amount required
for those payments from that special fund, | ||
which annual amount shall not exceed
the annual amount for | ||
those payments from that special fund for the calendar
year | ||
1998. The special funds to which transfers shall be made under | ||
this
subsection (d) include, but are not necessarily limited | ||
to, the Agricultural
Premium Fund; the Metropolitan Exposition | ||
Auditorium and Office Building Fund;
the Fair and Exposition | ||
Fund; the Standardbred Breeders Fund; the Thoroughbred
| ||
Breeders Fund; and the Illinois Veterans' Rehabilitation Fund.
| ||
(e) In addition to any other transfers that may be provided | ||
for by law,
as soon as may be practical after the effective | ||
date of this amendatory Act of
the 91st General Assembly, but | ||
in no event later than June 30, 2000, the State
Comptroller | ||
shall direct and the State Treasurer shall transfer the sum of
| ||
$15,000,000 from the General Revenue Fund to the Fund for | ||
Illinois' Future.
| ||
(f) In addition to any other transfers that may be provided | ||
for by law,
as soon as may be practical after the effective | ||
date of this amendatory Act of
the 91st General Assembly, but | ||
in no event later than June 30, 2000, the State
Comptroller | ||
shall direct and the State Treasurer shall transfer the sum of
| ||
$70,000,000 from the General Revenue Fund to the Long-Term Care | ||
Provider
Fund.
| ||
(f-1) In fiscal year 2002, in addition to any other | ||
transfers that may
be provided for by law, at the direction of | ||
and upon notification from the
Governor, the State Comptroller | ||
shall direct and the State Treasurer shall
transfer amounts not | ||
exceeding a total of $160,000,000 from the General
Revenue Fund | ||
to the Long-Term Care Provider Fund.
| ||
(g) In addition to any other transfers that may be provided | ||
for by law,
on July 1, 2001, or as soon thereafter as may be | ||
practical, the State
Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of
$1,200,000 from the General | ||
Revenue Fund to the Violence Prevention Fund.
| ||
(h) In each of fiscal years 2002 through 2004, but not
| ||
thereafter, in
addition to any other transfers that may be | ||
provided for by law, the State
Comptroller shall direct and the | ||
State Treasurer shall transfer $5,000,000
from the General | ||
Revenue Fund to the Tourism Promotion Fund.
| ||
(i) On or after July 1, 2001 and until May 1, 2002, in | ||
addition to any
other transfers that may be provided for by | ||
law, at the direction of and upon
notification from the | ||
Governor, the State Comptroller shall direct and the
State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000
from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund.
Any amounts so transferred shall be | ||
re-transferred by the State Comptroller
and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the
General | ||
Revenue Fund at the direction of and upon notification from the
| ||
Governor, but in any event on or before June 30, 2002.
| ||
(i-1) On or after July 1, 2002 and until May 1, 2003, in | ||
addition to any
other transfers that may be provided for by | ||
law, at the direction of and upon
notification from the | ||
Governor, the State Comptroller shall direct and the
State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000
from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund.
Any amounts so transferred shall be | ||
re-transferred by the State Comptroller
and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the
General | ||||||||||||||||||||||||||||||||||||||||||||
Revenue Fund at the direction of and upon notification from the
| ||||||||||||||||||||||||||||||||||||||||||||
Governor, but in any event on or before June 30, 2003.
| ||||||||||||||||||||||||||||||||||||||||||||
(j) On or after July 1, 2001 and no later than June 30, | ||||||||||||||||||||||||||||||||||||||||||||
2002, in addition to
any other transfers that may be provided | ||||||||||||||||||||||||||||||||||||||||||||
for by law, at the direction of and
upon notification from the | ||||||||||||||||||||||||||||||||||||||||||||
Governor, the State Comptroller shall direct and the
State | ||||||||||||||||||||||||||||||||||||||||||||
Treasurer shall transfer amounts not to exceed the following | ||||||||||||||||||||||||||||||||||||||||||||
sums into
the Statistical Services Revolving Fund:
| ||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||
(k) In addition to any other transfers that may be provided | ||||||||||||||||||||||||||||||||||||||||||||
for by law,
as soon as may be practical after the effective | ||||||||||||||||||||||||||||||||||||||||||||
date of this amendatory Act of
the 92nd General Assembly, the | ||||||||||||||||||||||||||||||||||||||||||||
State Comptroller shall direct and the State
Treasurer shall | ||||||||||||||||||||||||||||||||||||||||||||
transfer the sum of $2,000,000 from the General Revenue Fund
to | ||||||||||||||||||||||||||||||||||||||||||||
the Teachers Health Insurance Security Fund.
| ||||||||||||||||||||||||||||||||||||||||||||
(k-1) In addition to any other transfers that may be | ||||||||||||||||||||||||||||
provided for by
law, on July 1, 2002, or as soon as may be | ||||||||||||||||||||||||||||
practical thereafter, the State
Comptroller shall direct and | ||||||||||||||||||||||||||||
the State Treasurer shall transfer the sum of
$2,000,000 from | ||||||||||||||||||||||||||||
the General Revenue Fund to the Teachers Health Insurance
| ||||||||||||||||||||||||||||
Security Fund.
| ||||||||||||||||||||||||||||
(k-2) In addition to any other transfers that may be | ||||||||||||||||||||||||||||
provided for by
law, on July 1, 2003, or as soon as may be | ||||||||||||||||||||||||||||
practical thereafter, the State
Comptroller shall direct and | ||||||||||||||||||||||||||||
the State Treasurer shall transfer the sum of
$2,000,000 from | ||||||||||||||||||||||||||||
the General Revenue Fund to the Teachers Health Insurance
| ||||||||||||||||||||||||||||
Security Fund.
| ||||||||||||||||||||||||||||
(k-3) On or after July 1, 2002 and no later than June 30, | ||||||||||||||||||||||||||||
2003, in
addition to any other transfers that may be provided | ||||||||||||||||||||||||||||
for by law, at the
direction of and upon notification from the | ||||||||||||||||||||||||||||
Governor, the State Comptroller
shall direct and the State | ||||||||||||||||||||||||||||
Treasurer shall transfer amounts not to exceed the
following | ||||||||||||||||||||||||||||
sums into the Statistical Services Revolving Fund:
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
(l) In addition to any other transfers that may be provided | ||||||||||||||||||||||||||||
for by law, on
July 1, 2002, or as soon as may be practical | ||||||||||||||||||||||||||||
thereafter, the State Comptroller
shall direct and the State | ||||||||||||||||||||||||||||
Treasurer shall transfer the sum of $3,000,000 from
the General | ||||||||||||||||||||||||||||
Revenue Fund to the Presidential Library and Museum Operating
| ||||||||||||||||||||||||||||
Fund.
| ||||
(m) In addition to any other transfers that may be provided | ||||
for by law, on
July 1, 2002 and on the effective date of this | ||||
amendatory Act of the 93rd
General Assembly, or as soon | ||||
thereafter as may be practical, the State Comptroller
shall | ||||
direct and the State Treasurer shall transfer the sum of | ||||
$1,200,000 from
the General Revenue Fund to the Violence | ||||
Prevention Fund.
| ||||
(n) In addition to any other transfers that may be provided | ||||
for by law,
on July 1,
2003, or as soon thereafter as may be | ||||
practical, the State Comptroller shall
direct and the
State | ||||
Treasurer shall transfer the sum of $6,800,000 from the General | ||||
Revenue
Fund to
the DHS Recoveries Trust Fund.
| ||||
(o) On or after July 1, 2003, and no later than June 30, | ||||
2004, in
addition to any
other transfers that may be provided | ||||
for by law, at the direction of and upon
notification
from the | ||||
Governor, the State Comptroller shall direct and the State | ||||
Treasurer
shall
transfer amounts not to exceed the following | ||||
sums into the Vehicle Inspection
Fund:
| ||||
| ||||
(p) On or after July 1, 2003 and until May 1, 2004, in | ||||
addition to any
other
transfers that may be provided for by | ||||
law, at the direction of and upon
notification from
the | ||||
Governor, the State Comptroller shall direct and the State | ||||
Treasurer shall
transfer
amounts not exceeding a total of | ||||
$80,000,000 from the General Revenue Fund to
the
Tobacco | ||||
Settlement Recovery Fund. Any amounts so transferred shall be
| ||||
re-transferred
from the Tobacco Settlement Recovery Fund to the | ||||
General Revenue Fund at the
direction of and upon notification | ||||
from the Governor, but in any event on or
before June
30, 2004.
| ||||
(q) In addition to any other transfers that may be provided | ||||
for by law, on
July 1,
2003, or as soon as may be practical | ||||
thereafter, the State Comptroller shall
direct and the
State | ||||
Treasurer shall transfer the sum of $5,000,000 from the General | ||||
Revenue
Fund to
the Illinois Military Family Relief Fund.
| ||||
(r) In addition to any other transfers that may be provided | ||||
for by law, on
July 1,
2003, or as soon as may be practical | ||
thereafter, the State Comptroller shall
direct and the
State | ||
Treasurer shall transfer the sum of $1,922,000 from the General | ||
Revenue
Fund to
the Presidential Library and Museum Operating | ||
Fund.
| ||
(s) In addition to any other transfers that may be provided | ||
for by law, on
or after
July 1, 2003, the State Comptroller | ||
shall direct and the State Treasurer shall
transfer the
sum of | ||
$4,800,000 from the Statewide Economic Development Fund to the | ||
General
Revenue Fund.
| ||
(t) In addition to any other transfers that may be provided | ||
for by law, on
or after
July 1, 2003, the State Comptroller | ||
shall direct and the State Treasurer shall
transfer the
sum of | ||
$50,000,000 from the General Revenue Fund to the Budget | ||
Stabilization
Fund.
| ||
(u) On or after July 1, 2004 and until May 1, 2005, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2005.
| ||
(v) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2004, or as soon thereafter as may be | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,200,000 from the General | ||
Revenue Fund to the Violence Prevention Fund. | ||
(w) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2004, or as soon thereafter as may be | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $6,445,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund.
| ||
(x) In addition to any other transfers that may be provided | ||
for by law, on January 15, 2005, or as soon thereafter as may | ||
be practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer to the General Revenue Fund the | ||
following sums: | ||
From the State Crime Laboratory Fund, $200,000; | ||
From the State Police Wireless Service Emergency Fund, | ||
$200,000; | ||
From the State Offender DNA Identification System | ||
Fund, $800,000; and | ||
From the State Police Whistleblower Reward and | ||
Protection Fund, $500,000.
| ||
(y) Notwithstanding any other provision of law to the | ||
contrary, in addition to any other transfers that may be | ||
provided for by law on June 30, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the remaining balance from | ||
the designated funds into the General Revenue Fund and any | ||
future deposits that would otherwise be made into these funds | ||
must instead be made into the General Revenue Fund:
| ||
(1) the Keep Illinois Beautiful Fund;
| ||
(2) the
Metropolitan Fair and Exposition Authority | ||
Reconstruction Fund; | ||
(3) the
New Technology Recovery Fund; | ||
(4) the Illinois Rural Bond Bank Trust Fund; | ||
(5) the ISBE School Bus Driver Permit Fund; | ||
(6) the
Solid Waste Management Revolving Loan Fund; | ||
(7)
the State Postsecondary Review Program Fund; | ||
(8) the
Tourism Attraction Development Matching Grant | ||
Fund; | ||
(9) the
Patent and Copyright Fund; | ||
(10) the
Credit Enhancement Development Fund; | ||
(11) the
Community Mental Health and Developmental | ||
Disabilities Services Provider Participation Fee Trust | ||
Fund; | ||
(12) the
Nursing Home Grant Assistance Fund; | ||
(13) the
By-product Material Safety Fund; | ||
(14) the
Illinois Student Assistance Commission Higher | ||
EdNet Fund; | ||
(15) the
DORS State Project Fund; | ||
(16) the School Technology Revolving Fund; | ||
(17) the
Energy Assistance Contribution Fund; | ||
(18) the
Illinois Building Commission Revolving Fund; | ||
(19) the
Illinois Aquaculture Development Fund; | ||
(20) the
Homelessness Prevention Fund; | ||
(21) the
DCFS Refugee Assistance Fund; | ||
(22) the
Illinois Century Network Special Purposes | ||
Fund; and | ||
(23) the
Build Illinois Purposes Fund.
| ||
(z) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2005, or as soon as may be practical | ||
thereafter, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,200,000 from the General | ||
Revenue Fund to the Violence Prevention Fund.
| ||
(aa) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the sum of $9,000,000 from | ||
the General Revenue Fund to the Presidential Library and Museum | ||
Operating Fund.
| ||
(bb) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2005, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the sum of $6,803,600 from | ||
the General Revenue Fund to the Securities Audit and | ||
Enforcement Fund.
| ||
(cc) In addition to any other transfers that may be | ||
provided for by law, on or after July 1, 2005 and until May 1, | ||
2006, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
re-transferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2006.
| ||
(dd)
(y) In addition to any other transfers that may be | ||
provided for by law, on April 1, 2005, or as soon thereafter as | ||
may be practical, at the direction of the Director of Public | ||
Aid (now Director of Healthcare and Family Services), the State | ||
Comptroller shall direct and the State Treasurer shall transfer | ||
from the Public Aid Recoveries Trust Fund amounts not to exceed | ||
$14,000,000 to the Community Mental Health Medicaid Trust Fund. | ||
(ee) Notwithstanding any other provision of law, on July 1, | ||
2006, or as soon thereafter as practical, the State Comptroller | ||
shall direct and the State Treasurer shall transfer the | ||
remaining balance from the Illinois Civic Center Bond Fund to | ||
the Illinois Civic Center Bond Retirement and Interest Fund. | ||
(ff) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until June | ||
30, 2007, at the direction of and upon notification from the | ||
Director of the Governor's Office of Management and Budget, the | ||
State Comptroller shall direct and the State Treasurer shall | ||
transfer amounts not exceeding a total of $1,900,000 from the | ||
General Revenue Fund to the Illinois Capital Revolving Loan | ||
Fund. | ||
(gg) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until May 1, | ||
2007, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts not exceeding a total of | ||
$80,000,000 from the General Revenue Fund to the Tobacco | ||
Settlement Recovery Fund. Any amounts so transferred shall be | ||
retransferred by the State Comptroller and the State Treasurer | ||
from the Tobacco Settlement Recovery Fund to the General | ||
Revenue Fund at the direction of and upon notification from the | ||
Governor, but in any event on or before June 30, 2007. | ||
(hh) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until June | ||
30, 2007, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts from the Illinois Affordable | ||
Housing Trust Fund to the designated funds not exceeding the | ||
following amounts: | ||
DCFS Children's Services Fund.................$2,200,000
| ||
Department of Corrections Reimbursement | ||
and Education Fund........................$1,500,000
| ||
Supplemental Low-Income Energy | ||
Assistance Fund..............................$75,000
| ||
(ii) In addition to any other transfers that may be | ||
provided for by law, on or before August 31, 2006, the Governor | ||
and the State Comptroller may agree to transfer the surplus | ||
cash balance from the General Revenue Fund to the Budget | ||
Stabilization Fund and the Pension Stabilization Fund in equal | ||
proportions. The determination of the amount of the surplus | ||
cash balance shall be made by the Governor, with the | ||
concurrence of the State Comptroller, after taking into account | ||
the June 30, 2006 balances in the general funds and the actual | ||
or estimated spending from the general funds during the lapse | ||
period. Notwithstanding the foregoing, the maximum amount that | ||
may be transferred under this subsection (ii) is $50,000,000. | ||
(jj) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $8,250,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(kk) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,400,000 from the General | ||
Revenue Fund to the Violence Prevention Fund.
| ||
(ll) In addition to any other transfers that may be | ||
provided for by law, on the first day of each calendar quarter | ||
of the fiscal year beginning July 1, 2006, or as soon | ||
thereafter as practical, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from the General Revenue | ||
Fund amounts equal to one-fourth of $20,000,000 to the | ||
Renewable Energy Resources Trust Fund. | ||
(mm) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,320,000 from the General | ||
Revenue Fund to the I-FLY Fund. | ||
(nn) In addition to any other transfers that may be | ||
provided for by law, on July 1, 2006, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $3,000,000 from the General | ||
Revenue Fund to the African-American HIV/AIDS Response Fund. | ||
(oo) In addition to any other transfers that may be | ||
provided for by law, on and after July 1, 2006 and until June | ||
30, 2007, at the direction of and upon notification from the | ||
Governor, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts identified as net receipts | ||
from the sale of all or part of the Illinois Student Assistance | ||
Commission loan portfolio from the Student Loan Operating Fund | ||
to the General Revenue Fund. The maximum amount that may be | ||
transferred pursuant to this Section is $38,800,000. In | ||
addition, no transfer may be made pursuant to this Section that | ||
would have the effect of reducing the available balance in the | ||
Student Loan Operating Fund to an amount less than the amount | ||
remaining unexpended and unreserved from the total | ||
appropriations from the Fund estimated to be expended for the | ||
fiscal year. The State Treasurer and Comptroller shall transfer | ||
the amounts designated under this Section as soon as may be | ||
practical after receiving the direction to transfer from the | ||
Governor.
| ||
(Source: P.A. 93-32, eff. 6-20-03; 93-648, eff. 1-8-04; 93-839, | ||
eff. 7-30-04; 93-1067, eff. 1-15-05; 94-58, eff. 6-17-05; | ||
94-91, eff. 7-1-05; revised 12-15-05.)
| ||
(30 ILCS 105/8h)
| ||
Sec. 8h. Transfers to General Revenue Fund. | ||
(a) Except as provided in subsection (b), (c), (d), or (e),
| ||
notwithstanding any other
State law to the contrary, the | ||
Governor
may, through June 30, 2007, from time to time direct | ||
the State Treasurer and Comptroller to transfer
a specified sum | ||
from any fund held by the State Treasurer to the General
| ||
Revenue Fund in order to help defray the State's operating | ||
costs for the
fiscal year. The total transfer under this | ||
Section from any fund in any
fiscal year shall not exceed the | ||
lesser of (i) 8% of the revenues to be deposited
into the fund | ||
during that fiscal year or (ii) an amount that leaves a | ||
remaining fund balance of 25% of the July 1 fund balance of | ||
that fiscal year. In fiscal year 2005 only, prior to | ||
calculating the July 1, 2004 final balances, the Governor may | ||
calculate and direct the State Treasurer with the Comptroller | ||
to transfer additional amounts determined by applying the | ||
formula authorized in Public Act 93-839 to the funds balances | ||
on July 1, 2003.
No transfer may be made from a fund under this | ||
Section that would have the
effect of reducing the available | ||
balance in the fund to an amount less than
the amount remaining | ||
unexpended and unreserved from the total appropriation
from | ||
that fund estimated to be expended for that fiscal year. This | ||
Section does not apply to any
funds that are restricted by | ||
federal law to a specific use, to any funds in
the Motor Fuel | ||
Tax Fund, the Intercity Passenger Rail Fund, the Hospital | ||
Provider Fund, the Medicaid Provider Relief Fund, the Teacher | ||
Health Insurance Security Fund, the Reviewing Court | ||
Alternative Dispute Resolution Fund, or the Voters' Guide Fund, | ||
the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||
Program Fund, the Supreme Court Federal Projects Fund, the | ||
Supreme Court Special State Projects Fund, or the Low-Level | ||
Radioactive Waste Facility Development and Operation Fund, or | ||
the Hospital Basic Services Preservation Fund, or to any
funds | ||
to which subsection (f) of Section 20-40 of the Nursing and | ||
Advanced Practice Nursing Act applies. No transfers may be made | ||
under this Section from the Pet Population Control Fund. | ||
Notwithstanding any
other provision of this Section, for fiscal | ||
year 2004,
the total transfer under this Section from the Road | ||
Fund or the State
Construction Account Fund shall not exceed | ||
the lesser of (i) 5% of the revenues to be deposited
into the | ||
fund during that fiscal year or (ii) 25% of the beginning | ||
balance in the fund.
For fiscal year 2005 through fiscal year | ||
2007, no amounts may be transferred under this Section from the | ||
Road Fund, the State Construction Account Fund, the Criminal | ||
Justice Information Systems Trust Fund, the Wireless Service | ||
Emergency Fund, or the Mandatory Arbitration Fund.
| ||
In determining the available balance in a fund, the | ||
Governor
may include receipts, transfers into the fund, and | ||
other
resources anticipated to be available in the fund in that | ||
fiscal year.
| ||
The State Treasurer and Comptroller shall transfer the | ||
amounts designated
under this Section as soon as may be | ||
practicable after receiving the direction
to transfer from the | ||
Governor.
| ||
(b) This Section does not apply to: (i) the Ticket For The | ||
Cure Fund; (ii)
or to any fund established under the Community | ||
Senior Services and Resources Act; or (iii)
(ii) on or after | ||
January 1, 2006 (the effective date of Public Act 94-511)
this | ||
amendatory Act of the 94th General Assembly, the Child Labor | ||
and Day and Temporary Labor Enforcement Fund. | ||
(c) This Section does not apply to the Demutualization | ||
Trust Fund established under the Uniform Disposition of | ||
Unclaimed Property Act.
| ||
(d)
(c) This Section does not apply to moneys set aside in | ||
the Illinois State Podiatric Disciplinary Fund for podiatric | ||
scholarships and residency programs under the Podiatric | ||
Scholarship and Residency Act. | ||
(e) Subsection (a) does not apply to, and no transfer may | ||
be made under this Section from, the Pension Stabilization | ||
Fund.
| ||
(Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||
eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||
93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||
1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||
1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||
eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||
94-691, eff. 11-2-05; 94-726, eff. 1-20-06; revised 1-23-06.)
| ||
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
| ||
Sec. 13.2. Transfers among line item appropriations.
| ||
(a) Transfers among line item appropriations from the same
| ||
treasury fund for the objects specified in this Section may be | ||
made in
the manner provided in this Section when the balance | ||
remaining in one or
more such line item appropriations is | ||
insufficient for the purpose for
which the appropriation was | ||
made.
| ||
(a-1) No transfers may be made from one
agency to another | ||
agency, nor may transfers be made from one institution
of | ||
higher education to another institution of higher education.
| ||
(a-2) Except as otherwise provided in this Section, | ||
transfers may be made only among the objects of expenditure | ||
enumerated
in this Section, except that no funds may be | ||
transferred from any
appropriation for personal services, from | ||
any appropriation for State
contributions to the State | ||
Employees' Retirement System, from any
separate appropriation | ||
for employee retirement contributions paid by the
employer, nor | ||
from any appropriation for State contribution for
employee | ||
group insurance. During State fiscal year 2005, an agency may | ||
transfer amounts among its appropriations within the same | ||
treasury fund for personal services, employee retirement | ||
contributions paid by employer, and State Contributions to | ||
retirement systems; notwithstanding and in addition to the | ||
transfers authorized in subsection (c) of this Section, the | ||
fiscal year 2005 transfers authorized in this sentence may be | ||
made in an amount not to exceed 2% of the aggregate amount | ||
appropriated to an agency within the same treasury fund. During | ||
State fiscal year 2007, the Departments of Children and Family | ||
Services, Corrections, Human Services, and Juvenile Justice | ||
may transfer amounts among their respective appropriations | ||
within the same treasury fund for personal services, employee | ||
retirement contributions paid by employer, and State | ||
contributions to retirement systems. Notwithstanding, and in | ||
addition to, the transfers authorized in subsection (c) of this | ||
Section, these transfers may be made in an amount not to exceed | ||
2% of the aggregate amount appropriated to an agency within the | ||
same treasury fund.
| ||
(a-3) Further, if an agency receives a separate
| ||
appropriation for employee retirement contributions paid by | ||
the employer,
any transfer by that agency into an appropriation | ||
for personal services
must be accompanied by a corresponding | ||
transfer into the appropriation for
employee retirement | ||
contributions paid by the employer, in an amount
sufficient to | ||
meet the employer share of the employee contributions
required | ||
to be remitted to the retirement system.
| ||
(b) In addition to the general transfer authority provided | ||
under
subsection (c), the following agencies have the specific | ||
transfer authority
granted in this subsection:
| ||
The Illinois Department of Healthcare and Family Services
| ||
Public Aid is authorized to make transfers
representing savings | ||
attributable to not increasing grants due to the
births of | ||
additional children from line items for payments of cash grants | ||
to
line items for payments for employment and social services | ||
for the purposes
outlined in subsection (f) of Section 4-2 of | ||
the Illinois Public Aid Code.
| ||
The Department of Children and Family Services is | ||
authorized to make
transfers not exceeding 2% of the aggregate | ||
amount appropriated to it within
the same treasury fund for the | ||
following line items among these same line
items: Foster Home | ||
and Specialized Foster Care and Prevention, Institutions
and | ||
Group Homes and Prevention, and Purchase of Adoption and | ||
Guardianship
Services.
| ||
The Department on Aging is authorized to make transfers not
| ||
exceeding 2% of the aggregate amount appropriated to it within | ||
the same
treasury fund for the following Community Care Program | ||
line items among these
same line items: Homemaker and Senior | ||
Companion Services, Alternative Senior Services, Case | ||
Coordination
Units, and Adult Day Care Services.
| ||
The State Treasurer is authorized to make transfers among | ||
line item
appropriations
from the Capital Litigation Trust | ||
Fund, with respect to costs incurred in
fiscal years 2002 and | ||
2003 only, when the balance remaining in one or
more such
line | ||
item appropriations is insufficient for the purpose for which | ||
the
appropriation was
made, provided that no such transfer may | ||
be made unless the amount transferred
is no
longer required for | ||
the purpose for which that appropriation was made.
| ||
(c) The sum of such transfers for an agency in a fiscal | ||
year shall not
exceed 2% of the aggregate amount appropriated | ||
to it within the same treasury
fund for the following objects: | ||
Personal Services; Extra Help; Student and
Inmate | ||
Compensation; State Contributions to Retirement Systems; State
| ||
Contributions to Social Security; State Contribution for | ||
Employee Group
Insurance; Contractual Services; Travel; | ||
Commodities; Printing; Equipment;
Electronic Data Processing; | ||
Operation of Automotive Equipment;
Telecommunications | ||
Services; Travel and Allowance for Committed, Paroled
and | ||
Discharged Prisoners; Library Books; Federal Matching Grants | ||
for
Student Loans; Refunds; Workers' Compensation, | ||
Occupational Disease, and
Tort Claims; and, in appropriations | ||
to institutions of higher education,
Awards and Grants. | ||
Notwithstanding the above, any amounts appropriated for
| ||
payment of workers' compensation claims to an agency to which | ||
the authority
to evaluate, administer and pay such claims has | ||
been delegated by the
Department of Central Management Services | ||
may be transferred to any other
expenditure object where such | ||
amounts exceed the amount necessary for the
payment of such | ||
claims.
| ||
(c-1) Special provisions for State fiscal year 2003. | ||
Notwithstanding any
other provision of this Section to the | ||
contrary, for State fiscal year 2003
only, transfers among line | ||
item appropriations to an agency from the same
treasury fund | ||
may be made provided that the sum of such transfers for an | ||
agency
in State fiscal year 2003 shall not exceed 3% of the | ||
aggregate amount
appropriated to that State agency for State | ||
fiscal year 2003 for the following
objects: personal services, | ||
except that no transfer may be approved which
reduces the | ||
aggregate appropriations for personal services within an | ||
agency;
extra help; student and inmate compensation; State
| ||
contributions to retirement systems; State contributions to | ||
social security;
State contributions for employee group | ||
insurance; contractual services; travel;
commodities; | ||
printing; equipment; electronic data processing; operation of
| ||
automotive equipment; telecommunications services; travel and | ||
allowance for
committed, paroled, and discharged prisoners; | ||
library books; federal matching
grants for student loans; | ||
refunds; workers' compensation, occupational disease,
and tort | ||
claims; and, in appropriations to institutions of higher | ||
education,
awards and grants.
| ||
(c-2) Special provisions for State fiscal year 2005. | ||
Notwithstanding subsections (a), (a-2), and (c), for State | ||
fiscal year 2005 only, transfers may be made among any line | ||
item appropriations from the same or any other treasury fund | ||
for any objects or purposes, without limitation, when the | ||
balance remaining in one or more such line item appropriations | ||
is insufficient for the purpose for which the appropriation was | ||
made, provided that the sum of those transfers by a State | ||
agency shall not exceed 4% of the aggregate amount appropriated | ||
to that State agency for fiscal year 2005.
| ||
(d) Transfers among appropriations made to agencies of the | ||
Legislative
and Judicial departments and to the | ||
constitutionally elected officers in the
Executive branch | ||
require the approval of the officer authorized in Section 10
of | ||
this Act to approve and certify vouchers. Transfers among | ||
appropriations
made to the University of Illinois, Southern | ||
Illinois University, Chicago State
University, Eastern | ||
Illinois University, Governors State University, Illinois
| ||
State University, Northeastern Illinois University, Northern | ||
Illinois
University, Western Illinois University, the Illinois | ||
Mathematics and Science
Academy and the Board of Higher | ||
Education require the approval of the Board of
Higher Education | ||
and the Governor. Transfers among appropriations to all other
| ||
agencies require the approval of the Governor.
| ||
The officer responsible for approval shall certify that the
| ||
transfer is necessary to carry out the programs and purposes | ||
for which
the appropriations were made by the General Assembly | ||
and shall transmit
to the State Comptroller a certified copy of | ||
the approval which shall
set forth the specific amounts | ||
transferred so that the Comptroller may
change his records | ||
accordingly. The Comptroller shall furnish the
Governor with | ||
information copies of all transfers approved for agencies
of | ||
the Legislative and Judicial departments and transfers | ||
approved by
the constitutionally elected officials of the | ||
Executive branch other
than the Governor, showing the amounts | ||
transferred and indicating the
dates such changes were entered | ||
on the Comptroller's records.
| ||
(Source: P.A. 92-600, eff. 6-28-02; 92-885, eff. 1-13-03; | ||
93-680, eff. 7-1-04; 93-839, eff. 7-30-04; revised 12-15-05.)
| ||
(30 ILCS 105/5.344 rep.)
| ||
Section 5-45. The State Finance Act is amended by repealing | ||
Section 5.344 on September 1, 2006. | ||
Section 5-46. The Budget Stabilization Act is amended by | ||
changing Sections 10 and 15 and adding Sections 20 and 25 as | ||
follows: | ||
(30 ILCS 122/10)
| ||
Sec. 10. Budget limitations.
| ||
(a) In addition to Section 50-5 of the State Budget Law
of | ||
the Civil Administrative Code of Illinois, the General
| ||
Assembly's appropriations and transfers or diversions as | ||
required by
law from general funds shall not exceed
99%
99.5%
| ||
of the estimated general funds revenues for the fiscal
year | ||
when revenue estimates of the State's general funds
revenues | ||
exceed the prior fiscal year's estimated general
funds revenues | ||
by more than 4%.
| ||
(b) The General Assembly's appropriations and transfers or
| ||
diversions as required by law from general
funds shall not | ||
exceed 98%
99% of the estimated general funds
revenues for the | ||
fiscal year when revenue estimates of the
State's general funds | ||
revenues exceed the prior fiscal year's
estimated general funds | ||
revenues by more than 4% for 2 or
more consecutive fiscal | ||
years.
| ||
(c) For the purpose of this Act, "estimated general funds | ||
revenues"
include, for each budget year, all taxes, fees, and | ||
other revenues
expected to be deposited into the State's | ||
general funds, including
recurring transfers from other State | ||
funds into the general funds.
| ||
Year-over-year comparisons used to determine the | ||
percentage growth
factor of estimated general funds revenues | ||
shall exclude the sum of the
following: (i) expected revenues | ||
resulting from new taxes or fees or
from tax or fee increases | ||
during the first year of the change, (ii)
expected revenues | ||
resulting from one-time receipts or non-recurring
transfers | ||
in, (iii) expected proceeds resulting from borrowing, and
(iv) | ||
increases in federal grants that must be completely | ||
appropriated
based on the terms of the grants.
| ||
(Source: P.A. 93-660, eff. 7-1-04.) | ||
(30 ILCS 122/15)
| ||
Sec. 15. Transfers to Budget Stabilization Fund.
In | ||
furtherance of the State's objective for the Budget | ||
Stabilization
Fund to have resources representing 5% of the | ||
State's annual general
funds revenues:
| ||
(a) For each fiscal year when the General Assembly's
| ||
appropriations and transfers or diversions as required by law
| ||
from general funds do not exceed 99%
99.5% of the
estimated | ||
general funds revenues pursuant to subsection (a)
of Section | ||
10, the Comptroller shall transfer from the
General Revenue | ||
Fund as provided by this Section a total
amount equal to 0.5%
| ||
.5% of the estimated general funds revenues
to the Budget | ||
Stabilization Fund.
| ||
(b) For each fiscal year when the General Assembly's
| ||
appropriations and transfers or diversions as required by law
| ||
from general funds do not exceed 98%
99% of the
estimated | ||
general funds revenues pursuant to subsection (b)
of Section | ||
10, the Comptroller shall transfer from the
General Revenue | ||
Fund as provided by this Section a total
amount equal to 1% of | ||
the estimated general funds revenues to
the Budget | ||
Stabilization Fund.
| ||
(c) The Comptroller shall transfer 1/12 of the total
amount | ||
to be transferred each fiscal year under this Section
into the | ||
Budget Stabilization Fund on the first day of each
month of | ||
that fiscal year or as soon thereafter as possible.
The balance | ||
of the Budget Stabilization Fund shall not exceed
5% of the | ||
total of general funds revenues estimated for that
fiscal year | ||
except as provided by subsection (d) of this Section.
| ||
(d) If the balance of the Budget Stabilization Fund
exceeds | ||
5% of the total general funds revenues estimated for that
| ||
fiscal year, the additional transfers are not required unless | ||
there are
outstanding liabilities under Section 25 of the State | ||
Finance Act from prior
fiscal years. If there are such | ||
outstanding Section 25 liabilities, then the
Comptroller shall | ||
continue to transfer 1/12 of the total amount identified
for | ||
transfer to the Budget Stabilization Fund on the first day of | ||
each month
of that fiscal year or as soon thereafter as | ||
possible to be reserved for
those Section 25 liabilities. | ||
Nothing in this Act prohibits the General
Assembly from | ||
appropriating additional moneys into the Budget Stabilization
| ||
Fund.
| ||
(e) On or before August 31 of each fiscal year, the amount
| ||
determined to be transferred to the Budget Stabilization Fund | ||
shall be
reconciled to actual general funds revenues for that | ||
fiscal year. The
final transfer for each fiscal year shall be | ||
adjusted so that the
total amount transferred under this | ||
Section is equal to the percentage specified in subsection
(a) | ||
or (b) of this Section 10 of this Act, as applicable, based on | ||
actual
general funds revenues calculated consistently with | ||
subsection (c) of
Section 10 of this Act for each fiscal year.
| ||
(f) For the fiscal year beginning July 1, 2006 and for each | ||
fiscal
year thereafter, the budget proposal to the General | ||
Assembly shall identify
liabilities incurred in a
prior fiscal | ||
year under Section 25 of the State Finance Act and the budget
| ||
proposal shall provide
funding as allowable pursuant to | ||
subsection (d) of this Section, if
applicable.
| ||
(Source: P.A. 93-660, eff. 7-1-04.) | ||
(30 ILCS 122/20 new) | ||
Sec. 20. Pension Stabilization Fund. | ||
(a) The Pension Stabilization Fund is hereby created as a | ||
special fund in the State treasury. Moneys in the fund shall be | ||
used for the sole purpose of making payments to the designated | ||
retirement systems as provided in Section 25.
| ||
(b) For each fiscal year when the General Assembly's
| ||
appropriations and transfers or diversions as required by law
| ||
from general funds do not exceed 99% of the
estimated general | ||
funds revenues pursuant to subsection (a)
of Section 10, the | ||
Comptroller shall transfer from the
General Revenue Fund as | ||
provided by this Section a total
amount equal to 0.5% of the | ||
estimated general funds revenues
to the Pension Stabilization | ||
Fund. | ||
(c) For each fiscal year when the General Assembly's
| ||
appropriations and transfers or diversions as required by law
| ||
from general funds do not exceed 98% of the
estimated general | ||
funds revenues pursuant to subsection (b)
of Section 10, the | ||
Comptroller shall transfer from the
General Revenue Fund as | ||
provided by this Section a total
amount equal to 1.0% of the | ||
estimated general funds revenues
to the Pension Stabilization | ||
Fund. | ||
(d) The Comptroller shall transfer 1/12 of the total
amount | ||
to be transferred each fiscal year under this Section
into the | ||
Pension Stabilization Fund on the first day of each
month of | ||
that fiscal year or as soon thereafter as possible; except that | ||
the final transfer of the fiscal year shall be made as soon as | ||
practical after the August 31 following the end of the fiscal | ||
year. | ||
Before the final transfer for a fiscal year is made, the | ||
Comptroller shall reconcile the estimated general funds | ||
revenues used in calculating the other transfers under this | ||
Section for that fiscal year with the actual general funds | ||
revenues for that fiscal year. The
final transfer for the | ||
fiscal year shall be adjusted so that the
total amount | ||
transferred under this Section for that fiscal year is equal to | ||
the percentage specified in subsection
(b) or (c) of this | ||
Section, whichever is applicable, of the actual
general funds | ||
revenues for that fiscal year. The actual general funds | ||
revenues for the fiscal year shall be calculated in a manner | ||
consistent with subsection (c) of
Section 10 of this Act.
| ||
(30 ILCS 122/25 new)
| ||
Sec. 25. Transfers from the Pension Stabilization Fund. | ||
(a) As used in this Section, "designated retirement | ||
systems" means: | ||
(1) the State Employees' Retirement System of
| ||
Illinois; | ||
(2) the Teachers' Retirement System of the State of
| ||
Illinois; | ||
(3) the State Universities Retirement System; | ||
(4) the Judges Retirement System of Illinois; and | ||
(5) the General Assembly Retirement System. | ||
(b) As soon as may be practical after any money is | ||
deposited into the Pension Stabilization Fund, the State | ||
Comptroller shall apportion the deposited amount among the | ||
designated retirement systems and the State Comptroller and | ||
State Treasurer shall pay the apportioned amounts to the | ||
designated retirement systems. The amount deposited shall be | ||
apportioned among the designated retirement systems in the same | ||
proportion as their respective portions of the
total actuarial | ||
reserve deficiency of the designated retirement systems, as | ||
most
recently determined by the Governor's Office of Management | ||
and
Budget. Amounts received by a designated retirement system | ||
under this Section shall be used for funding the unfunded | ||
liabilities of the retirement system. Payments under this | ||
Section are authorized by the continuing appropriation under | ||
Section 1.7 of the State Pension Funds Continuing Appropriation | ||
Act. | ||
(c) At the request of the State Comptroller, the Governor's | ||
Office of Management and Budget shall
determine the individual | ||
and total actuarial reserve deficiencies of the
designated | ||
retirement systems. For this purpose, the
Governor's Office of | ||
Management and Budget shall consider the
latest available audit | ||
and actuarial reports of each of the
retirement systems and the | ||
relevant reports and statistics of
the Public Pension Division | ||
of the Department of
Financial and Professional Regulation. | ||
(d) Payments to the designated retirement systems under | ||
this Section shall be in addition to, and not in lieu of, any | ||
State contributions required under Section 2-124, 14-131, | ||
15-155, 16-158, or 18-131 of the Illinois Pension Code. | ||
Section 5-55. The Illinois Income Tax Act is amended by | ||
changing Section 901 as follows:
| ||
(35 ILCS 5/901) (from Ch. 120, par. 9-901)
| ||
Sec. 901. Collection Authority.
| ||
(a) In general.
| ||
The Department shall collect the taxes imposed by this Act. | ||
The Department
shall collect certified past due child support | ||
amounts under Section 2505-650
of the Department of Revenue Law | ||
(20 ILCS 2505/2505-650). Except as
provided in subsections (c) | ||
and (e) of this Section, money collected
pursuant to | ||
subsections (a) and (b) of Section 201 of this Act shall be
| ||
paid into the General Revenue Fund in the State treasury; money
| ||
collected pursuant to subsections (c) and (d) of Section 201 of | ||
this Act
shall be paid into the Personal Property Tax | ||
Replacement Fund, a special
fund in the State Treasury; and | ||
money collected under Section 2505-650 of the
Department of | ||
Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the
| ||
Child Support Enforcement Trust Fund, a special fund outside | ||
the State
Treasury, or
to the State
Disbursement Unit | ||
established under Section 10-26 of the Illinois Public Aid
| ||
Code, as directed by the Department of Healthcare and Family | ||
Services
Public
Aid.
| ||
(b) Local Governmental Distributive Fund.
| ||
Beginning August 1, 1969, and continuing through June 30, | ||
1994, the Treasurer
shall transfer each month from the General | ||
Revenue Fund to a special fund in
the State treasury, to be | ||
known as the "Local Government Distributive Fund", an
amount | ||
equal to 1/12 of the net revenue realized from the tax imposed | ||
by
subsections (a) and (b) of Section 201 of this Act during | ||
the preceding month.
Beginning July 1, 1994, and continuing | ||
through June 30, 1995, the Treasurer
shall transfer each month | ||
from the General Revenue Fund to the Local Government
| ||
Distributive Fund an amount equal to 1/11 of the net revenue | ||
realized from the
tax imposed by subsections (a) and (b) of | ||
Section 201 of this Act during the
preceding month. Beginning | ||
July 1, 1995, the Treasurer shall transfer each
month from the | ||
General Revenue Fund to the Local Government Distributive Fund
| ||
an amount equal to the net of (i) 1/10 of the net revenue | ||
realized from the
tax imposed by
subsections (a) and (b) of | ||
Section 201 of the Illinois Income Tax Act during
the preceding | ||
month
(ii) minus, beginning July 1, 2003 and ending June 30, | ||
2004, $6,666,666, and
beginning July 1,
2004,
zero. Net revenue | ||
realized for a month shall be defined as the
revenue from the | ||
tax imposed by subsections (a) and (b) of Section 201 of this
| ||
Act which is deposited in the General Revenue Fund, the | ||
Educational Assistance
Fund and the Income Tax Surcharge Local | ||
Government Distributive Fund during the
month minus the amount | ||
paid out of the General Revenue Fund in State warrants
during | ||
that same month as refunds to taxpayers for overpayment of | ||
liability
under the tax imposed by subsections (a) and (b) of | ||
Section 201 of this Act.
| ||
(c) Deposits Into Income Tax Refund Fund.
| ||
(1) Beginning on January 1, 1989 and thereafter, the | ||
Department shall
deposit a percentage of the amounts | ||
collected pursuant to subsections (a)
and (b)(1), (2), and | ||
(3), of Section 201 of this Act into a fund in the State
| ||
treasury known as the Income Tax Refund Fund. The | ||
Department shall deposit 6%
of such amounts during the | ||
period beginning January 1, 1989 and ending on June
30, | ||
1989. Beginning with State fiscal year 1990 and for each | ||
fiscal year
thereafter, the percentage deposited into the | ||
Income Tax Refund Fund during a
fiscal year shall be the | ||
Annual Percentage. For fiscal years 1999 through
2001, the | ||
Annual Percentage shall be 7.1%.
For fiscal year 2003, the | ||
Annual Percentage shall be 8%.
For fiscal year 2004, the | ||
Annual Percentage shall be 11.7%. Upon the effective date | ||
of this amendatory Act of the 93rd General Assembly, the | ||
Annual Percentage shall be 10% for fiscal year 2005. For | ||
fiscal year 2006, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2007, the Annual Percentage shall be 9.75%. For | ||
all other
fiscal years, the
Annual Percentage shall be | ||
calculated as a fraction, the numerator of which
shall be | ||
the amount of refunds approved for payment by the | ||
Department during
the preceding fiscal year as a result of | ||
overpayment of tax liability under
subsections (a) and | ||
(b)(1), (2), and (3) of Section 201 of this Act plus the
| ||
amount of such refunds remaining approved but unpaid at the | ||
end of the
preceding fiscal year, minus the amounts | ||
transferred into the Income Tax
Refund Fund from the | ||
Tobacco Settlement Recovery Fund, and
the denominator of | ||
which shall be the amounts which will be collected pursuant
| ||
to subsections (a) and (b)(1), (2), and (3) of Section 201 | ||
of this Act during
the preceding fiscal year; except that | ||
in State fiscal year 2002, the Annual
Percentage shall in | ||
no event exceed 7.6%. The Director of Revenue shall
certify | ||
the Annual Percentage to the Comptroller on the last | ||
business day of
the fiscal year immediately preceding the | ||
fiscal year for which it is to be
effective.
| ||
(2) Beginning on January 1, 1989 and thereafter, the | ||
Department shall
deposit a percentage of the amounts | ||
collected pursuant to subsections (a)
and (b)(6), (7), and | ||
(8), (c) and (d) of Section 201
of this Act into a fund in | ||
the State treasury known as the Income Tax
Refund Fund. The | ||
Department shall deposit 18% of such amounts during the
| ||
period beginning January 1, 1989 and ending on June 30, | ||
1989. Beginning
with State fiscal year 1990 and for each | ||
fiscal year thereafter, the
percentage deposited into the | ||
Income Tax Refund Fund during a fiscal year
shall be the | ||
Annual Percentage. For fiscal years 1999, 2000, and 2001, | ||
the
Annual Percentage shall be 19%.
For fiscal year 2003, | ||
the Annual Percentage shall be 27%. For fiscal year
2004, | ||
the Annual Percentage shall be 32%.
Upon the effective date | ||
of this amendatory Act of the 93rd General Assembly, the | ||
Annual Percentage shall be 24% for fiscal year 2005.
For | ||
fiscal year 2006, the Annual Percentage shall be 20%. For | ||
fiscal year 2007, the Annual Percentage shall be 17.5%. For | ||
all other fiscal years, the Annual
Percentage shall be | ||
calculated
as a fraction, the numerator of which shall be | ||
the amount of refunds
approved for payment by the | ||
Department during the preceding fiscal year as
a result of | ||
overpayment of tax liability under subsections (a) and | ||
(b)(6),
(7), and (8), (c) and (d) of Section 201 of this | ||
Act plus the
amount of such refunds remaining approved but | ||
unpaid at the end of the
preceding fiscal year, and the | ||
denominator of
which shall be the amounts which will be | ||
collected pursuant to subsections (a)
and (b)(6), (7), and | ||
(8), (c) and (d) of Section 201 of this Act during the
| ||
preceding fiscal year; except that in State fiscal year | ||
2002, the Annual
Percentage shall in no event exceed 23%. | ||
The Director of Revenue shall
certify the Annual Percentage | ||
to the Comptroller on the last business day of
the fiscal | ||
year immediately preceding the fiscal year for which it is | ||
to be
effective.
| ||
(3) The Comptroller shall order transferred and the | ||
Treasurer shall
transfer from the Tobacco Settlement | ||
Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | ||
in January, 2001, (ii) $35,000,000 in January, 2002, and
| ||
(iii) $35,000,000 in January, 2003.
| ||
(d) Expenditures from Income Tax Refund Fund.
| ||
(1) Beginning January 1, 1989, money in the Income Tax | ||
Refund Fund
shall be expended exclusively for the purpose | ||
of paying refunds resulting
from overpayment of tax | ||
liability under Section 201 of this Act, for paying
rebates | ||
under Section 208.1 in the event that the amounts in the | ||
Homeowners'
Tax Relief Fund are insufficient for that | ||
purpose,
and for
making transfers pursuant to this | ||
subsection (d).
| ||
(2) The Director shall order payment of refunds | ||
resulting from
overpayment of tax liability under Section | ||
201 of this Act from the
Income Tax Refund Fund only to the | ||
extent that amounts collected pursuant
to Section 201 of | ||
this Act and transfers pursuant to this subsection (d)
and | ||
item (3) of subsection (c) have been deposited and retained | ||
in the
Fund.
| ||
(3) As soon as possible after the end of each fiscal | ||
year, the Director
shall
order transferred and the State | ||
Treasurer and State Comptroller shall
transfer from the | ||
Income Tax Refund Fund to the Personal Property Tax
| ||
Replacement Fund an amount, certified by the Director to | ||
the Comptroller,
equal to the excess of the amount | ||
collected pursuant to subsections (c) and
(d) of Section | ||
201 of this Act deposited into the Income Tax Refund Fund
| ||
during the fiscal year over the amount of refunds resulting | ||
from
overpayment of tax liability under subsections (c) and | ||
(d) of Section 201
of this Act paid from the Income Tax | ||
Refund Fund during the fiscal year.
| ||
(4) As soon as possible after the end of each fiscal | ||
year, the Director shall
order transferred and the State | ||
Treasurer and State Comptroller shall
transfer from the | ||
Personal Property Tax Replacement Fund to the Income Tax
| ||
Refund Fund an amount, certified by the Director to the | ||
Comptroller, equal
to the excess of the amount of refunds | ||
resulting from overpayment of tax
liability under | ||
subsections (c) and (d) of Section 201 of this Act paid
| ||
from the Income Tax Refund Fund during the fiscal year over | ||
the amount
collected pursuant to subsections (c) and (d) of | ||
Section 201 of this Act
deposited into the Income Tax | ||
Refund Fund during the fiscal year.
| ||
(4.5) As soon as possible after the end of fiscal year | ||
1999 and of each
fiscal year
thereafter, the Director shall | ||
order transferred and the State Treasurer and
State | ||
Comptroller shall transfer from the Income Tax Refund Fund | ||
to the General
Revenue Fund any surplus remaining in the | ||
Income Tax Refund Fund as of the end
of such fiscal year; | ||
excluding for fiscal years 2000, 2001, and 2002
amounts | ||
attributable to transfers under item (3) of subsection (c) | ||
less refunds
resulting from the earned income tax credit.
| ||
(5) This Act shall constitute an irrevocable and | ||
continuing
appropriation from the Income Tax Refund Fund | ||
for the purpose of paying
refunds upon the order of the | ||
Director in accordance with the provisions of
this Section.
| ||
(e) Deposits into the Education Assistance Fund and the | ||
Income Tax
Surcharge Local Government Distributive Fund.
| ||
On July 1, 1991, and thereafter, of the amounts collected | ||
pursuant to
subsections (a) and (b) of Section 201 of this Act, | ||
minus deposits into the
Income Tax Refund Fund, the Department | ||
shall deposit 7.3% into the
Education Assistance Fund in the | ||
State Treasury. Beginning July 1, 1991,
and continuing through | ||
January 31, 1993, of the amounts collected pursuant to
| ||
subsections (a) and (b) of Section 201 of the Illinois Income | ||
Tax Act, minus
deposits into the Income Tax Refund Fund, the | ||
Department shall deposit 3.0%
into the Income Tax Surcharge | ||
Local Government Distributive Fund in the State
Treasury. | ||
Beginning February 1, 1993 and continuing through June 30, | ||
1993, of
the amounts collected pursuant to subsections (a) and | ||
(b) of Section 201 of the
Illinois Income Tax Act, minus | ||
deposits into the Income Tax Refund Fund, the
Department shall | ||
deposit 4.4% into the Income Tax Surcharge Local Government
| ||
Distributive Fund in the State Treasury. Beginning July 1, | ||
1993, and
continuing through June 30, 1994, of the amounts | ||
collected under subsections
(a) and (b) of Section 201 of this | ||
Act, minus deposits into the Income Tax
Refund Fund, the | ||
Department shall deposit 1.475% into the Income Tax Surcharge
| ||
Local Government Distributive Fund in the State Treasury.
| ||
(Source: P.A. 93-32, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, | ||
eff. 7-1-05; revised 12-15-05.)
| ||
Section 5-60. The Cigarette Tax Act is amended by changing | ||
Section 2 as follows:
| ||
(35 ILCS 130/2) (from Ch. 120, par. 453.2)
| ||
Sec. 2. Tax imposed; rate; collection, payment, and | ||
distribution;
discount. | ||
(a) A tax is imposed upon any person engaged in business as | ||
a
retailer of cigarettes in this State at the rate of 5 1/2 | ||
mills per
cigarette sold, or otherwise disposed of in the | ||
course of such business in
this State. In addition to any other | ||
tax imposed by this Act, a tax is
imposed upon any person | ||
engaged in business as a retailer of cigarettes in
this State | ||
at a rate of 1/2 mill per cigarette sold or otherwise disposed
| ||
of in the course of such business in this State on and after | ||
January 1,
1947, and shall be paid into the Metropolitan Fair | ||
and Exposition Authority
Reconstruction Fund or as otherwise | ||
provided in Section 29. On and after December 1, 1985, in | ||
addition to any
other tax imposed by this Act, a tax is imposed | ||
upon any person engaged in
business as a retailer of cigarettes | ||
in this State at a rate of 4 mills per
cigarette sold or | ||
otherwise disposed of in the course of such business in
this | ||
State. Of the additional tax imposed by this amendatory Act of | ||
1985,
$9,000,000 of the moneys received by the Department of | ||
Revenue pursuant to
this Act shall be paid each month into the | ||
Common School Fund. On and after
the effective date of this | ||
amendatory Act of 1989, in addition to any other tax
imposed by | ||
this Act, a tax is imposed upon any person engaged in business | ||
as a
retailer of cigarettes at the rate of 5 mills per | ||
cigarette sold or
otherwise disposed of in the course of such | ||
business in this State.
On and after the effective date of this | ||
amendatory Act of 1993, in addition
to any other tax imposed by | ||
this Act, a tax is imposed upon any person engaged
in business | ||
as a retailer of cigarettes at the rate of 7 mills per | ||
cigarette
sold or otherwise disposed of in the course of such | ||
business in this State.
On and after December 15, 1997, in | ||
addition
to any other tax imposed by this Act, a tax is imposed | ||
upon any person engaged
in business as a retailer of cigarettes | ||
at the rate of 7 mills per cigarette
sold or otherwise disposed | ||
of in the course of such business of this State.
All of the | ||
moneys received by the Department of Revenue pursuant to this | ||
Act
and the Cigarette Use Tax Act from the additional taxes | ||
imposed by this
amendatory Act of 1997, shall be paid each | ||
month into the Common School Fund.
On and after July 1, 2002, | ||
in addition to any other tax imposed by this Act,
a tax is | ||
imposed upon any person engaged in business as a retailer of
| ||
cigarettes at the rate of 20.0 mills per cigarette sold or | ||
otherwise disposed
of
in the course of such business in this | ||
State.
The payment of such taxes shall be evidenced by a stamp | ||
affixed to
each original package of cigarettes, or an | ||
authorized substitute for such stamp
imprinted on each original | ||
package of such cigarettes underneath the sealed
transparent | ||
outside wrapper of such original package, as hereinafter | ||
provided.
However, such taxes are not imposed upon any activity | ||
in such business in
interstate commerce or otherwise, which | ||
activity may not under
the Constitution and statutes of the | ||
United States be made the subject of
taxation by this State.
| ||
Beginning on the effective date of this amendatory Act of | ||
the 92nd General
Assembly and through June 30, 2006,
all of the | ||
moneys received by the Department of Revenue pursuant to this | ||
Act
and the Cigarette Use Tax Act, other than the moneys that | ||
are dedicated to the Common
School Fund, shall be distributed | ||
each month as follows: first, there shall be
paid into the | ||
General Revenue Fund an amount which, when added to the amount
| ||
paid into the Common School Fund for that month, equals | ||
$33,300,000, except that in the month of August of 2004, this | ||
amount shall equal $83,300,000; then, from
the moneys | ||
remaining, if any amounts required to be paid into the General
| ||
Revenue Fund in previous months remain unpaid, those amounts | ||
shall be paid into
the General Revenue Fund;
then, beginning on | ||
April 1, 2003, from the moneys remaining, $5,000,000 per
month | ||
shall be paid into the School Infrastructure Fund; then, if any | ||
amounts
required to be paid into the School Infrastructure Fund | ||
in previous months
remain unpaid, those amounts shall be paid | ||
into the School Infrastructure
Fund;
then the moneys remaining, | ||
if any, shall be paid into the Long-Term Care
Provider Fund.
To | ||
the extent that more than $25,000,000 has been paid into the | ||
General
Revenue Fund and Common School Fund per month for the | ||
period of July 1, 1993
through the effective date of this | ||
amendatory Act of 1994 from combined
receipts
of the Cigarette | ||
Tax Act and the Cigarette Use Tax Act, notwithstanding the
| ||
distribution provided in this Section, the Department of | ||
Revenue is hereby
directed to adjust the distribution provided | ||
in this Section to increase the
next monthly payments to the | ||
Long Term Care Provider Fund by the amount paid to
the General | ||
Revenue Fund and Common School Fund in excess of $25,000,000 | ||
per
month and to decrease the next monthly payments to the | ||
General Revenue Fund and
Common School Fund by that same excess | ||
amount.
| ||
Beginning on July 1, 2006, all of the moneys received by | ||
the Department of Revenue pursuant to this Act and the | ||
Cigarette Use Tax Act, other than the moneys that are dedicated | ||
to the Common School Fund, shall be distributed each month as | ||
follows: first, there shall be paid into the General Revenue | ||
Fund an amount that, when added to the amount paid into the | ||
Common School Fund for that month, equals $29,200,000; then, | ||
from the moneys remaining, if any amounts required to be paid | ||
into the General Revenue Fund in previous months remain unpaid, | ||
those amounts shall be paid into the General Revenue Fund; then | ||
from the moneys remaining, $5,000,000 per month shall be paid | ||
into the School Infrastructure Fund; then, if any amounts | ||
required to be paid into the School Infrastructure Fund in | ||
previous months remain unpaid, those amounts shall be paid into | ||
the School Infrastructure Fund; then the moneys remaining, if | ||
any, shall be paid into the Long-Term Care Provider Fund.
| ||
When any tax imposed herein terminates or has terminated, | ||
distributors
who have bought stamps while such tax was in | ||
effect and who therefore paid
such tax, but who can show, to | ||
the Department's satisfaction, that they
sold the cigarettes to | ||
which they affixed such stamps after such tax had
terminated | ||
and did not recover the tax or its equivalent from purchasers,
| ||
shall be allowed by the Department to take credit for such | ||
absorbed tax
against subsequent tax stamp purchases from the | ||
Department by such
distributor.
| ||
The impact of the tax levied by this Act is imposed upon | ||
the retailer
and shall be prepaid or pre-collected by the | ||
distributor for the purpose of
convenience and facility only, | ||
and the amount of the tax shall be added to
the price of the | ||
cigarettes sold by such distributor. Collection of the tax
| ||
shall be evidenced by a stamp or stamps affixed to each | ||
original package of
cigarettes, as hereinafter provided.
| ||
Each distributor shall collect the tax from the retailer at | ||
or before
the time of the sale, shall affix the stamps as | ||
hereinafter required, and
shall remit the tax collected from | ||
retailers to the Department, as
hereinafter provided. Any | ||
distributor who fails to properly collect and pay
the tax | ||
imposed by this Act shall be liable for the tax. Any | ||
distributor having
cigarettes to which stamps have been affixed | ||
in his possession for sale on the
effective date of this | ||
amendatory Act of 1989 shall not be required to pay the
| ||
additional tax imposed by this amendatory Act of 1989 on such | ||
stamped
cigarettes. Any distributor having cigarettes to which | ||
stamps have been affixed
in his or her possession for sale at | ||
12:01 a.m. on the effective date of this
amendatory Act of | ||
1993, is required to pay the additional tax imposed by this
| ||
amendatory Act of 1993 on such stamped cigarettes. This | ||
payment, less the
discount provided in subsection (b), shall be | ||
due when the distributor first
makes a purchase of cigarette | ||
tax stamps after the effective date of this
amendatory Act of | ||
1993, or on the first due date of a return under this Act
after | ||
the effective date of this amendatory Act of 1993, whichever | ||
occurs
first. Any distributor having cigarettes to which stamps | ||
have been affixed
in his possession for sale on December 15, | ||
1997
shall not be required to pay the additional tax imposed by | ||
this amendatory Act
of 1997 on such stamped cigarettes.
| ||
Any distributor having cigarettes to which stamps have been | ||
affixed in his
or her
possession for sale on July 1, 2002 shall | ||
not be required to pay the additional
tax imposed by this | ||
amendatory Act of the 92nd General Assembly on those
stamped
| ||
cigarettes.
| ||
The amount of the Cigarette Tax imposed by this Act shall | ||
be separately
stated, apart from the price of the goods, by | ||
both distributors and
retailers, in all advertisements, bills | ||
and sales invoices.
| ||
(b) The distributor shall be required to collect the taxes | ||
provided
under paragraph (a) hereof, and, to cover the costs of | ||
such collection,
shall be allowed a discount during any year | ||
commencing July 1st and ending
the following June 30th in | ||
accordance with the schedule set out
hereinbelow, which | ||
discount shall be allowed at the time of purchase of the
stamps | ||
when purchase is required by this Act, or at the time when the | ||
tax
is remitted to the Department without the purchase of | ||
stamps from the
Department when that method of paying the tax | ||
is required or authorized by
this Act. Prior to December 1, | ||
1985, a discount equal to 1 2/3% of
the amount of the tax up to | ||
and including the first $700,000 paid hereunder by
such | ||
distributor to the Department during any such year; 1 1/3% of | ||
the next
$700,000 of tax or any part thereof, paid hereunder by | ||
such distributor to the
Department during any such year; 1% of | ||
the next $700,000 of tax, or any part
thereof, paid hereunder | ||
by such distributor to the Department during any such
year, and | ||
2/3 of 1% of the amount of any additional tax paid hereunder by | ||
such
distributor to the Department during any such year shall | ||
apply. On and after
December 1, 1985, a discount equal to 1.75% | ||
of the amount of the tax payable
under this Act up to and | ||
including the first $3,000,000 paid hereunder by such
| ||
distributor to the Department during any such year and 1.5% of | ||
the amount of
any additional tax paid hereunder by such | ||
distributor to the Department during
any such year shall apply.
| ||
Two or more distributors that use a common means of | ||
affixing revenue tax
stamps or that are owned or controlled by | ||
the same interests shall be
treated as a single distributor for | ||
the purpose of computing the discount.
| ||
(c) The taxes herein imposed are in addition to all other | ||
occupation or
privilege taxes imposed by the State of Illinois, | ||
or by any political
subdivision thereof, or by any municipal | ||
corporation.
| ||
(Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.)
| ||
Section 5-65. The Motor Fuel Tax Law is amended by changing | ||
Section 8 as follows:
| ||
(35 ILCS 505/8) (from Ch. 120, par. 424)
| ||
Sec. 8. Except as provided in Section 8a, subdivision
| ||
(h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and | ||
16 of Section 15, all money received by the Department under
| ||
this Act, including payments made to the Department by
member | ||
jurisdictions participating in the International Fuel Tax | ||
Agreement,
shall be deposited in a special fund in the State | ||
treasury, to be known as the
"Motor Fuel Tax Fund", and shall | ||
be used as follows:
| ||
(a) 2 1/2 cents per gallon of the tax collected on special | ||
fuel under
paragraph (b) of Section 2 and Section 13a of this | ||
Act shall be transferred
to the State Construction Account Fund | ||
in the State Treasury;
| ||
(b) $420,000 shall be transferred each month to the State | ||
Boating Act
Fund to be used by the Department of Natural | ||
Resources for the purposes
specified in Article X of the Boat | ||
Registration and Safety Act;
| ||
(c) $2,250,000 shall be transferred each month to the Grade | ||
Crossing
Protection Fund to be used as follows: not less than | ||
$6,000,000 each fiscal
year shall be used for the construction | ||
or reconstruction of rail highway grade
separation structures; | ||
$2,250,000 in fiscal year 2004 and each fiscal
year
thereafter | ||
shall be transferred to the Transportation
Regulatory Fund and | ||
shall be accounted for as part of the rail carrier
portion of | ||
such funds and shall be used to pay the cost of administration
| ||
of the Illinois Commerce Commission's railroad safety program | ||
in connection
with its duties under subsection (3) of Section | ||
18c-7401 of the Illinois
Vehicle Code, with the remainder to be | ||
used by the Department of Transportation
upon order of the | ||
Illinois Commerce Commission, to pay that part of the
cost | ||
apportioned by such Commission to the State to cover the | ||
interest
of the public in the use of highways, roads, streets, | ||
or
pedestrian walkways in the
county highway system, township | ||
and district road system, or municipal
street system as defined | ||
in the Illinois Highway Code, as the same may
from time to time | ||
be amended, for separation of grades, for installation,
| ||
construction or reconstruction of crossing protection or | ||
reconstruction,
alteration, relocation including construction | ||
or improvement of any
existing highway necessary for access to | ||
property or improvement of any
grade crossing including the | ||
necessary highway approaches thereto of any
railroad across the | ||
highway or public road, or for the installation,
construction, | ||
reconstruction, or maintenance of a pedestrian walkway over or
| ||
under a railroad right-of-way, as provided for in and in
| ||
accordance with Section 18c-7401 of the Illinois Vehicle Code.
| ||
The Commission shall not order more than $2,000,000 per year in | ||
Grade
Crossing Protection Fund moneys for pedestrian walkways.
| ||
In entering orders for projects for which payments from the | ||
Grade Crossing
Protection Fund will be made, the Commission | ||
shall account for expenditures
authorized by the orders on a | ||
cash rather than an accrual basis. For purposes
of this | ||
requirement an "accrual basis" assumes that the total cost of | ||
the
project is expended in the fiscal year in which the order | ||
is entered, while a
"cash basis" allocates the cost of the | ||
project among fiscal years as
expenditures are actually made. | ||
To meet the requirements of this subsection,
the Illinois | ||
Commerce Commission shall develop annual and 5-year project | ||
plans
of rail crossing capital improvements that will be paid | ||
for with moneys from
the Grade Crossing Protection Fund. The | ||
annual project plan shall identify
projects for the succeeding | ||
fiscal year and the 5-year project plan shall
identify projects | ||
for the 5 directly succeeding fiscal years. The Commission
| ||
shall submit the annual and 5-year project plans for this Fund | ||
to the Governor,
the President of the Senate, the Senate | ||
Minority Leader, the Speaker of the
House of Representatives, | ||
and the Minority Leader of the House of
Representatives on
the | ||
first Wednesday in April of each year;
| ||
(d) of the amount remaining after allocations provided for | ||
in
subsections (a), (b) and (c), a sufficient amount shall be | ||
reserved to
pay all of the following:
| ||
(1) the costs of the Department of Revenue in | ||
administering this
Act;
| ||
(2) the costs of the Department of Transportation in | ||
performing its
duties imposed by the Illinois Highway Code | ||
for supervising the use of motor
fuel tax funds apportioned | ||
to municipalities, counties and road districts;
| ||
(3) refunds provided for in Section 13 of this Act and | ||
under the terms
of the International Fuel Tax Agreement | ||
referenced in Section 14a;
| ||
(4) from October 1, 1985 until June 30, 1994, the | ||
administration of the
Vehicle Emissions Inspection Law, | ||
which amount shall be certified monthly by
the | ||
Environmental Protection Agency to the State Comptroller | ||
and shall promptly
be transferred by the State Comptroller | ||
and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | ||
Inspection Fund, and for the period July 1, 1994 through
| ||
June 30, 2000, one-twelfth of $25,000,000 each month, for | ||
the period July 1, 2000 through June 30, 2003,
one-twelfth | ||
of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | ||
and $15,000,000 on January 1, 2004, and $15,000,000
on
each
| ||
July
1 and October 1, or as soon thereafter as may be | ||
practical, during the period July 1, 2004 through June 30, | ||
2008
2006,
for the administration of the Vehicle Emissions | ||
Inspection Law of
1995, to be transferred by the State | ||
Comptroller and Treasurer from the Motor
Fuel Tax Fund into | ||
the Vehicle Inspection Fund;
| ||
(5) amounts ordered paid by the Court of Claims; and
| ||
(6) payment of motor fuel use taxes due to member | ||
jurisdictions under
the terms of the International Fuel Tax | ||
Agreement. The Department shall
certify these amounts to | ||
the Comptroller by the 15th day of each month; the
| ||
Comptroller shall cause orders to be drawn for such | ||
amounts, and the Treasurer
shall administer those amounts | ||
on or before the last day of each month;
| ||
(e) after allocations for the purposes set forth in | ||
subsections
(a), (b), (c) and (d), the remaining amount shall | ||
be apportioned as follows:
| ||
(1) Until January 1, 2000, 58.4%, and beginning January | ||
1, 2000, 45.6%
shall be deposited as follows:
| ||
(A) 37% into the State Construction Account Fund, | ||
and
| ||
(B) 63% into the Road Fund, $1,250,000 of which | ||
shall be reserved each
month for the Department of | ||
Transportation to be used in accordance with
the | ||
provisions of Sections 6-901 through 6-906 of the | ||
Illinois Highway Code;
| ||
(2) Until January 1, 2000, 41.6%, and beginning January | ||
1, 2000, 54.4%
shall be transferred to the Department of | ||
Transportation to be
distributed as follows:
| ||
(A) 49.10% to the municipalities of the State,
| ||
(B) 16.74% to the counties of the State having | ||
1,000,000 or more inhabitants,
| ||
(C) 18.27% to the counties of the State having less | ||
than 1,000,000 inhabitants,
| ||
(D) 15.89% to the road districts of the State.
| ||
As soon as may be after the first day of each month the | ||
Department of
Transportation shall allot to each municipality | ||
its share of the amount
apportioned to the several | ||
municipalities which shall be in proportion
to the population | ||
of such municipalities as determined by the last
preceding | ||
municipal census if conducted by the Federal Government or
| ||
Federal census. If territory is annexed to any municipality | ||
subsequent
to the time of the last preceding census the | ||
corporate authorities of
such municipality may cause a census | ||
to be taken of such annexed
territory and the population so | ||
ascertained for such territory shall be
added to the population | ||
of the municipality as determined by the last
preceding census | ||
for the purpose of determining the allotment for that
| ||
municipality. If the population of any municipality was not | ||
determined
by the last Federal census preceding any | ||
apportionment, the
apportionment to such municipality shall be | ||
in accordance with any
census taken by such municipality. Any | ||
municipal census used in
accordance with this Section shall be | ||
certified to the Department of
Transportation by the clerk of | ||
such municipality, and the accuracy
thereof shall be subject to | ||
approval of the Department which may make
such corrections as | ||
it ascertains to be necessary.
| ||
As soon as may be after the first day of each month the | ||
Department of
Transportation shall allot to each county its | ||
share of the amount
apportioned to the several counties of the | ||
State as herein provided.
Each allotment to the several | ||
counties having less than 1,000,000
inhabitants shall be in | ||
proportion to the amount of motor vehicle
license fees received | ||
from the residents of such counties, respectively,
during the | ||
preceding calendar year. The Secretary of State shall, on or
| ||
before April 15 of each year, transmit to the Department of
| ||
Transportation a full and complete report showing the amount of | ||
motor
vehicle license fees received from the residents of each | ||
county,
respectively, during the preceding calendar year. The | ||
Department of
Transportation shall, each month, use for | ||
allotment purposes the last
such report received from the | ||
Secretary of State.
| ||
As soon as may be after the first day of each month, the | ||
Department
of Transportation shall allot to the several | ||
counties their share of the
amount apportioned for the use of | ||
road districts. The allotment shall
be apportioned among the | ||
several counties in the State in the proportion
which the total | ||
mileage of township or district roads in the respective
| ||
counties bears to the total mileage of all township and | ||
district roads
in the State. Funds allotted to the respective | ||
counties for the use of
road districts therein shall be | ||
allocated to the several road districts
in the county in the | ||
proportion which the total mileage of such township
or district | ||
roads in the respective road districts bears to the total
| ||
mileage of all such township or district roads in the county. | ||
After
July 1 of any year, no allocation shall be made for any | ||
road district
unless it levied a tax for road and bridge | ||
purposes in an amount which
will require the extension of such | ||
tax against the taxable property in
any such road district at a | ||
rate of not less than either .08% of the value
thereof, based | ||
upon the assessment for the year immediately prior to the year
| ||
in which such tax was levied and as equalized by the Department | ||
of Revenue
or, in DuPage County, an amount equal to or greater | ||
than $12,000 per mile of
road under the jurisdiction of the | ||
road district, whichever is less. If any
road district has | ||
levied a special tax for road purposes
pursuant to Sections | ||
6-601, 6-602 and 6-603 of the Illinois Highway Code, and
such | ||
tax was levied in an amount which would require extension at a
| ||
rate of not less than .08% of the value of the taxable property | ||
thereof,
as equalized or assessed by the Department of Revenue,
| ||
or, in DuPage County, an amount equal to or greater than | ||
$12,000 per mile of
road under the jurisdiction of the road | ||
district, whichever is less,
such levy shall, however, be | ||
deemed a proper compliance with this
Section and shall qualify | ||
such road district for an allotment under this
Section. If a | ||
township has transferred to the road and bridge fund
money | ||
which, when added to the amount of any tax levy of the road
| ||
district would be the equivalent of a tax levy requiring | ||
extension at a
rate of at least .08%, or, in DuPage County, an | ||
amount equal to or greater
than $12,000 per mile of road under | ||
the jurisdiction of the road district,
whichever is less, such | ||
transfer, together with any such tax levy,
shall be deemed a | ||
proper compliance with this Section and shall qualify
the road | ||
district for an allotment under this Section.
| ||
In counties in which a property tax extension limitation is | ||
imposed
under the Property Tax Extension Limitation Law, road | ||
districts may retain
their entitlement to a motor fuel tax | ||
allotment if, at the time the property
tax
extension limitation | ||
was imposed, the road district was levying a road and
bridge | ||
tax at a rate sufficient to entitle it to a motor fuel tax | ||
allotment
and continues to levy the maximum allowable amount | ||
after the imposition of the
property tax extension limitation. | ||
Any road district may in all circumstances
retain its | ||
entitlement to a motor fuel tax allotment if it levied a road | ||
and
bridge tax in an amount that will require the extension of | ||
the tax against the
taxable property in the road district at a | ||
rate of not less than 0.08% of the
assessed value of the | ||
property, based upon the assessment for the year
immediately | ||
preceding the year in which the tax was levied and as equalized | ||
by
the Department of Revenue or, in DuPage County, an amount | ||
equal to or greater
than $12,000 per mile of road under the | ||
jurisdiction of the road district,
whichever is less.
| ||
As used in this Section the term "road district" means any | ||
road
district, including a county unit road district, provided | ||
for by the
Illinois Highway Code; and the term "township or | ||
district road"
means any road in the township and district road | ||
system as defined in the
Illinois Highway Code. For the | ||
purposes of this Section, "road
district" also includes park | ||
districts, forest preserve districts and
conservation | ||
districts organized under Illinois law and "township or
| ||
district road" also includes such roads as are maintained by | ||
park
districts, forest preserve districts and conservation | ||
districts. The
Department of Transportation shall determine | ||
the mileage of all township
and district roads for the purposes | ||
of making allotments and allocations of
motor fuel tax funds | ||
for use in road districts.
| ||
Payment of motor fuel tax moneys to municipalities and | ||
counties shall
be made as soon as possible after the allotment | ||
is made. The treasurer
of the municipality or county may invest | ||
these funds until their use is
required and the interest earned | ||
by these investments shall be limited
to the same uses as the | ||
principal funds.
| ||
(Source: P.A. 92-16, eff. 6-28-01; 92-30, eff. 7-1-01; 93-32, | ||
eff. 6-20-03; 93-839, eff. 7-30-04.)
| ||
Section 5-70. The Illinois Pension Code is amended by | ||
changing Sections 2-124, 14-108.6, 14-131, 15-155, 16-158, and | ||
18-131 as follows:
| ||
(40 ILCS 5/2-124) (from Ch. 108 1/2, par. 2-124)
| ||
Sec. 2-124. Contributions by State.
| ||
(a) The State shall make contributions to the System by
| ||
appropriations of amounts which, together with the | ||
contributions of
participants, interest earned on investments, | ||
and other income
will meet the cost of maintaining and | ||
administering the System on a 90%
funded basis in accordance | ||
with actuarial recommendations.
| ||
(b) The Board shall determine the amount of State
| ||
contributions required for each fiscal year on the basis of the
| ||
actuarial tables and other assumptions adopted by the Board and | ||
the
prescribed rate of interest, using the formula in | ||
subsection (c).
| ||
(c) For State fiscal years 2011 through 2045, the minimum | ||
contribution
to the System to be made by the State for each | ||
fiscal year shall be an amount
determined by the System to be | ||
sufficient to bring the total assets of the
System up to 90% of | ||
the total actuarial liabilities of the System by the end of
| ||
State fiscal year 2045. In making these determinations, the | ||
required State
contribution shall be calculated each year as a | ||
level percentage of payroll
over the years remaining to and | ||
including fiscal year 2045 and shall be
determined under the | ||
projected unit credit actuarial cost method.
| ||
For State fiscal years 1996 through 2005, the State | ||
contribution to
the System, as a percentage of the applicable | ||
employee payroll, shall be
increased in equal annual increments | ||
so that by State fiscal year 2011, the
State is contributing at | ||
the rate required under this Section.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2006 is | ||
$4,157,000.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2007 is | ||
$5,220,300.
| ||
For each of State fiscal years 2008 through 2010, the State | ||
contribution to
the System, as a percentage of the applicable | ||
employee payroll, shall be
increased in equal annual increments | ||
from the required State contribution for State fiscal year | ||
2007, so that by State fiscal year 2011, the
State is | ||
contributing at the rate otherwise required under this Section.
| ||
Beginning in State fiscal year 2046, the minimum State | ||
contribution for
each fiscal year shall be the amount needed to | ||
maintain the total assets of
the System at 90% of the total | ||
actuarial liabilities of the System.
| ||
Amounts received by the System pursuant to Section 25 of | ||
the Budget Stabilization Act in any fiscal year do not reduce | ||
and do not constitute payment of any portion of the minimum | ||
State contribution required under this Article in that fiscal | ||
year. Such amounts shall not reduce, and shall not be included | ||
in the calculation of, the required State contributions under | ||
this Article in any future year until the System has reached a | ||
funding ratio of at least 90%. A reference in this Article to | ||
the "required State contribution" or any substantially similar | ||
term does not include or apply to any amounts payable to the | ||
System under Section 25 of the Budget Stabilization Act.
| ||
Notwithstanding any other provision of this Section, the | ||
required State
contribution for State fiscal year 2005 and for | ||
fiscal year 2008 and each fiscal year thereafter, as
calculated | ||
under this Section and
certified under Section 2-134, shall not | ||
exceed an amount equal to (i) the
amount of the required State | ||
contribution that would have been calculated under
this Section | ||
for that fiscal year if the System had not received any | ||
payments
under subsection (d) of Section 7.2 of the General | ||
Obligation Bond Act, minus
(ii) the portion of the State's | ||
total debt service payments for that fiscal
year on the bonds | ||
issued for the purposes of that Section 7.2, as determined
and | ||
certified by the Comptroller, that is the same as the System's | ||
portion of
the total moneys distributed under subsection (d) of | ||
Section 7.2 of the General
Obligation Bond Act. In determining | ||
this maximum for State fiscal years 2008 through 2010, however, | ||
the amount referred to in item (i) shall be increased, as a | ||
percentage of the applicable employee payroll, in equal | ||
increments calculated from the sum of the required State | ||
contribution for State fiscal year 2007 plus the applicable | ||
portion of the State's total debt service payments for fiscal | ||
year 2007 on the bonds issued for the purposes of Section 7.2 | ||
of the General
Obligation Bond Act, so that, by State fiscal | ||
year 2011, the
State is contributing at the rate otherwise | ||
required under this Section.
| ||
(Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)
| ||
(40 ILCS 5/14-108.6) | ||
Sec. 14-108.6. Alternative retirement cancellation | ||
payment. | ||
(a) To be eligible for the alternative retirement | ||
cancellation payment provided in this Section, a person
must: | ||
(1) be a member of this System who, as of June 1, 2006
| ||
July 1, 2005, was
(i) in active payroll status as an | ||
employee in a position listed in subsection (b) of this | ||
Section
and continuously employed in a position listed in | ||
subsection (b) on and after January 1, 2006
2005 and (ii) | ||
an active contributor to this System with respect to that | ||
employment; | ||
(2) have not previously received any retirement | ||
annuity under this Article; | ||
(3) in the case of persons employed in a position title | ||
listed under paragraph (1) of subsection (b), be among the | ||
first 500 persons to file with the Board on or before | ||
August 31, 2006
September 30, 2005 a written
application | ||
requesting the alternative retirement cancellation payment | ||
provided in this Section; | ||
(4) in the case of persons employed in a position title | ||
listed under paragraph (2) of subsection (b), have received | ||
written authorization from the director or other head of | ||
his or her department and filed that authorization with the | ||
system on or before August 1, 2006
September 1, 2005; | ||
(5) if there is a QILDRO in effect against the person, | ||
file with the Board the written consent of all alternate | ||
payees under the QILDRO to the election of an alternative | ||
retirement cancellation payment under this Section;
and | ||
(6) terminate employment under this Article within one | ||
month after approval of the person's application | ||
requesting the alternative retirement cancellation | ||
payment, but in no event later than September 30, 2006
| ||
October 31,
2005. | ||
(b)(1) Position titles eligible for the alternative | ||
retirement cancellation payment provided in this Section are: | ||
911 Analyst III;
Brickmason;
Account Clerk I and II;
| ||
Budget Analyst I and II;
Account Technician I and II;
| ||
Budget Operations Director;
Accountant;
Budget Principal;
| ||
Accountant Advanced;
Building Services Worker;
Accountant | ||
Supervisor;
Building/Grounds Laborer;
Accounting Fiscal | ||
Administrative Career Trainee;
Building/Grounds Lead 1 and | ||
2;
Accounts Payable Processing Analyst;
Building/Grounds | ||
Maintenance Worker;
Accounts Payable Specialist;
| ||
Building/Grounds Supervisor;
Accounts Processing Analyst;
| ||
Bureau Chief;
Actuarial Assistant;
Business Administrative | ||
Specialist;
Administrative and Technology Director;
| ||
Business Analyst I through IV;
Administrative Assistant I | ||
through III;
Business Manager;
Administrative Clerk;
| ||
Buyer;
Administrative Coordinator;
Buyer Assistant;
| ||
Administrator;
Capital Budget Analyst I and II;
| ||
Administrator of Capital Programs;
Capital Budget | ||
Director;
Administrator of Construction Administration;
| ||
Capital Programs Analyst I and II;
Administrator of | ||
Contract Administration;
Capital Programs Technician;
| ||
Administrator of Fair Employment Practices;
Carpenter;
| ||
Administrator of Fiscal;
Carpenter Foreman;
Administrator | ||
of Information Management;
Cartographer I through III;
| ||
Administrator of Information Systems;
Chief - Police;
| ||
Administrator of Personnel;
Chief Veterans Technician;
| ||
Administrator of Professional Services;
Circuit | ||
Provisioning Specialist;
Administrator of Public Affairs;
| ||
Civil Engineer IV
I through IX;
Administrator of | ||
Quality-Based Selection;
Civil Engineer Trainee;
| ||
Administrator of Strategic Planning and Training;
Clerical | ||
Trainee;
Appeals & Orders Coordinator;
Communications | ||
Director;
Appraisal Specialist 1 through 3;
Community | ||
Planner 3;
Assignment Coordinator;
Commander;
Assistant | ||
Art-in-Architecture Coordinator;
Compliance Specialist;
| ||
Assistant Chief - Police;
Conservation Education | ||
Representative;
Assistant Internal Auditor;
Conservation | ||
Grant Administrator 1 through 3;
Assistant Manager;
| ||
Construction Supervisor I and II;
Assistant Personnel | ||
Officer;
Consumer Policy Analyst;
Assistant Professor | ||
Scientist;
Consumer Program Coordinator;
Assistant | ||
Reimbursement Officer;
Contract Executive;
Assistant | ||
Steward;
Coordinator of Administrative Services;
Associate | ||
Director for Administrative Services;
Coordinator of | ||
Art-in-Architecture;
Associate Museum Director;
| ||
Corrections Clerk I through III;
Associate Professor | ||
Scientist;
Corrections Maintenance Supervisor; Corrections | ||
Caseworker Supervisor; Corrections Food Service | ||
Supervisor;
Auto Parts Warehouse Specialist;
Corrections | ||
Maintenance Worker;
Auto Parts Warehouser;
Curator I | ||
through III;
Automotive Attendant I and II;
Data Processing | ||
Administrative Specialist;
Automotive Mechanic;
Data | ||
Processing Assistant;
Automotive Shop Supervisor;
Data | ||
Processing Operator;
Baker;
Data Processing Specialist;
| ||
Barber;
Data Processing Supervisor 1 through 3;
| ||
Beautician;
Data Processing Technician;
Brickmason;
Deputy | ||
Chief Counsel;
Director of Licensing;
Desktop Technician;
| ||
Director of Security;
Human Resources Officer;
Division | ||
Chief;
Human Resources Representative;
Division Director;
| ||
Human Resources Specialist;
Economic Analyst I through IV;
| ||
Human Resources Trainee;
Electrical Engineer;
Human | ||
Services Casework Manager;
Electrical Engineer I through | ||
V;
Human Services Grant Coordinator 2 and 3;
Electrical | ||
Equipment Installer/Repairer;
Iconographer;
Electrical | ||
Equipment Installer/Repairer Lead Worker;
Industry and | ||
Commercial Development Representative 1 and 2;
| ||
Electrician;
Industry Services Consultant 1 and 2;
| ||
Electronics Technician;
Information Services Intern;
| ||
Elevator Operator;
Information Services Specialist I and | ||
II;
Endangered Species Secretary;
Information Systems | ||
Analyst I through III;
Engineering Aide;
Information | ||
Systems Manager;
Engineering Analyst I through IV;
| ||
Information Systems Planner;
Engineering Manager I and II;
| ||
Institutional Maintenance Worker;
Engineering Technician I | ||
through V;
Instrument Designer;
Environmental Scientist I | ||
and II;
Insurance Analyst I through IV;
Executive I through | ||
VI;
Executive Assistant;
Intermittent Clerk;
Executive | ||
Assistant I through IV;
Intermittent Laborer Maintenance;
| ||
Executive Secretary 1 through 3;
Intern;
Federal Funding | ||
and Public Safety Director;
Internal Auditor 1;
Financial & | ||
Budget Assistant;
Internal Communications Officer;
| ||
Financial & Budget Supervisor;
International Marketing | ||
Representative 1;
Financial Management Director;
IT | ||
Manager;
Fiscal Executive;
Janitor I and II;
Fiscal | ||
Officer;
Junior State Veterinarian;
Gas Engineer I through | ||
IV;
Junior Supervisor Scientist;
General Counsel and | ||
Regulatory Director;
Laboratory Manager II;
General | ||
Services Administrator I;
Labor Maintenance Lead Worker;
| ||
General Services Technician;
Laborer;
Geographic | ||
Information Specialist 1 and 2;
Laborer (Building);
| ||
Geologist I through IV;
Laborer (Maintenance);
Graphic | ||
Arts Design Supervisor;
Landscape Architect;
Graphic Arts | ||
Designer;
Landscape Architect I through IV;
Graphic Arts | ||
Technician;
Landscape Planner;
Grounds Supervisor;
Laundry | ||
Manager I;
Highway Construction Supervisor I;
Legislative | ||
Liaison I and II;
Historical Research Editor 2;
Liability | ||
Claims Adjuster 1 and 2;
Historical Research Specialist;
| ||
Librarian 1 and 2;
Horse Custodian;
Library Aide I through | ||
III;
Horse Identifier;
Library Associate;
Hourly | ||
Assistant;
Library Technical Assistant;
Human Resource | ||
Coordinator;
Licensing Assistant;
Human Resources Analyst;
| ||
Line Technician I through II;
Human Resources Assistant;
| ||
Local History Service Representative;
Human Resources | ||
Associate;
Local Housing Advisor 2 and 3;
Human Resources | ||
Manager;
Local Revenue and Fiscal Advisor 3;
Machinist;
| ||
Locksmith;
Maintenance Equipment Operator;
Operations | ||
Communications Specialist Trainee;
Maintenance Worker;
| ||
Operations Technician;
Maintenance Worker Power Plant;
| ||
Painter;
Management Information Technician;
Paralegal | ||
Assistant;
Management Operations Analyst 1 and 2;
| ||
Performance Management Analyst;
Management Secretary I;
| ||
Personnel Manager;
Management Systems Specialist;
| ||
Photogrammetrist I through IV;
Management Technician I | ||
through IV;
Physician;
Manager;
Physician Specialist | ||
Operations A through D;
Manpower Planner 1 through 3;
| ||
Planning Director;
Medical Administrator III and V;
Plant | ||
Maintenance Engineer 1 and 2;
Methods & Processes Advisor | ||
1, 2 and III;
Plumber;
Methods & Processes Career Associate | ||
1 and 2;
Policy Advisor;
Microfilm Operator I through III;
| ||
Policy Analyst I through IV;
Military Administrative | ||
Assistant I;
Power Shovel Operator (Maintenance);
Military | ||
Administrative Clerk;
Principal Economist;
Military | ||
Administrative Officer-Legal;
Principal Scientist;
| ||
Military Administrative Specialist;
Private Secretary 1 | ||
and 2;
Military Community Relations Specialist;
Private | ||
Secretary I and II;
Military Cooperative Agreement | ||
Specialist;
Procurement Representative;
Military Crash, | ||
Fire, Rescue I through III;
Professor & Scientist;
Military | ||
Energy Manager;
Program Manager;
Military Engineer | ||
Technician;
Program Specialist;
Military Environmental | ||
Specialist I through III;
Project Coordinator;
Military | ||
Facilities Engineer;
Project Designer;
Military Facilities | ||
Officer I;
Project Manager I through III;
Military | ||
Maintenance Engineer;
Project Manager;
Military Museum | ||
Director;
Project Manager/Technical Specialist I thru III;
| ||
Military Program Supervisor;
Project Specialist I through | ||
IV;
Military Property Custodian II;
Projects Director;
| ||
Military Real Property Clerk;
Property & Supply Clerk I | ||
through III;
Motorist Assistance Specialist;
Property | ||
Control Officer;
Museum Director;
Public Administration | ||
Intern;
Museum Security Head I through III;
Public | ||
Information Coordinator;
Museum Technician I through III;
| ||
Public Information Officer;
Network Control Center | ||
Specialist;
Public Information Officer 2 through 4;
| ||
Network Control Center Technician 2;
Public Service | ||
Administrator;
Network Engineer I through IV;
Race Track | ||
Maintenance 1 and 2;
Office Administration Specialist;
| ||
Radio Technician Program Coordinator;
Office Administrator | ||
1 through 5;
Realty Specialist I through V;
Office Aide;
| ||
Receptionist;
Office Assistant;
Regional Manager;
Office | ||
Associate;
Regulatory Accountant IV;
Office Clerk;
| ||
Reimbursement Officer 1 and 2;
Office Coordinator;
| ||
Representative I and II;
Office Manager;
Representative | ||
Trainee;
Office Occupations Trainee;
School Construction | ||
Manager;
Office Specialist;
Secretary I and IV;
Operations | ||
Communications Specialist I and II;
Security Guard;
Senior | ||
Economic Analyst;
Security Supervisor; Senior Editor;
| ||
Systems Developer I through IV;
Senior Electrical | ||
Engineer;
Systems Developer Trainee;
Senior Financial & | ||
Budget Assistant;
Systems Engineer I through IV;
Senior Gas | ||
Engineer;
Systems Engineer Trainee;
Senior Policy Analyst;
| ||
Tariff & Order Coordinator;
Senior Programs Analyst;
| ||
Tariff Administrator III;
Senior Project Consultant;
| ||
Tariff Analyst IV;
Senior Project Manager;
Teacher of | ||
Barbering;
Senior Public Information Officer;
Teacher of | ||
Beauty Culture;
Senior Public Service Administrator;
| ||
Technical Advisor 2 and 3;
Senior Rate Analyst;
Technical | ||
Advisor I through VII;
Senior Technical Assistant;
| ||
Technical Analyst; Technical Manager VII
I through IX;
| ||
Senior Technical Supervisor;
Technical Assistant;
Senior | ||
Technology Specialist;
Technical Manager 1;
Senior | ||
Transportation Industry Analyst;
Technical Manager I | ||
through X;
Sewage Plant Operator;
Technical Specialist;
| ||
Sign Hanger;
Technical Support Specialist;
Sign Hanger | ||
Foreman;
Technical Specialist I thru III;
Sign Painter;
| ||
Technician Trainee;
Sign Shop Foreman;
Telecom Systems | ||
Analyst;
Silk Screen Operator;
Telecom Systems Consultant;
| ||
Senior Administrative Assistant;
Telecom Systems | ||
Technician 1 and 2;
Site Superintendent;
Telecommunication | ||
Supervisor;
Software Architect;
Tinsmith;
Special | ||
Assistant;
Trades Tender;
Special Assistant to the | ||
Executive Director;
Training Coordinator;
Staff | ||
Development Specialist I;
Transportation Counsel;
Staff | ||
Development Technician II;
Transportation Industry Analyst | ||
III;
State Police Captain;
Transportation Industry | ||
Customer Service;
State Police Lieutenant;
Transportation | ||
Officer;
State Police Major;
Transportation Policy Analyst | ||
III and IV;
State Police Master Sergeant;
Urban Planner I | ||
through VI;
Stationary Engineer;
Utility Engineer I and II;
| ||
Stationary Engineer Assistant Chief;
Veteran Secretary;
| ||
Stationary Engineer Chief;
Veteran Technician;
Stationary | ||
Fireman;
Water Engineer I through IV;
Statistical Research | ||
Specialist 1 through 3;
Water Plant Operator;
Statistical | ||
Research Supervisor;
Web and Publications Manager;
| ||
Statistical Research Technician;
Steamfitter;
Steward;
| ||
Steward Secretary;
Storekeeper I through III;
Stores | ||
Clerk;
Student Intern;
Student Worker;
Supervisor;
| ||
Supervisor & Assistant Scientist;
Supervisor & Associate | ||
Scientist;
Switchboard Operator 1 through 3; | ||
Administrative Assistant to the Superintendent; Assistant | ||
Legal Advisor; Legal Assistant; Senior Human Resources | ||
Specialist; Principal Internal Auditor; Division | ||
Administrator; Division Supervisor; and Private Secretary | ||
I through III; Actuary 1 through 3; Agriculture Marketing | ||
Reporter; Apiary Inspector; App/Dry Goods Specialist I | ||
through III; Appraisal Specialist Trainer; Check Issuance | ||
Machine Operator; Check Issuance Machine Supervisor; | ||
Corrections Leisure Activity Specialist 2 through 4; | ||
Corrections Supply Supervisor I through III; Guard 1 | ||
through 3; Guard Supervisor; Information Tech/Com System | ||
Specialist 1 and 2; Police Officer I and II; Property & | ||
Supply Clerk I through III; Reproductive Services | ||
Supervisor 1; Reproductive Services Tech 1 through 3; | ||
Security Guard 1; Security Officer; Security Officer | ||
Chief; Security Officer Lieutenant; Security Officer Sgt; | ||
and Volunteer Services Coordinator I through III. | ||
(2) In addition, any position titles with the Speaker | ||
of the House of Representatives, the Minority Leader of the | ||
House of Representatives, the President of the Senate, the | ||
Minority Leader of the Senate, the Attorney General, the | ||
Secretary of State, the Comptroller, the Treasurer, the | ||
Auditor General, the Supreme Court, the Court of Claims, | ||
and each legislative agency are eligible for the | ||
alternative retirement cancellation payment provided in | ||
this Section. | ||
(c) In lieu of any retirement annuity or other benefit | ||
provided under this Article, a person who qualifies for and | ||
elects to receive the alternative retirement cancellation | ||
payment under this Section shall be entitled to receive a | ||
one-time lump sum retirement cancellation payment equal to the | ||
amount of his or her contributions to the System (including any | ||
employee contributions for optional service credit and | ||
including any employee contributions paid by the employer or | ||
credited to the employee during disability) as of the date of | ||
termination, with regular interest, multiplied by 2.
| ||
(d) Notwithstanding any other provision of this Article, a | ||
person who receives an alternative retirement cancellation | ||
payment under this Section thereby forfeits the right to any | ||
other retirement or disability benefit or refund under this | ||
Article, and no widow's, survivor's, or death benefit deriving | ||
from that person shall be payable under this Article. Upon | ||
accepting an alternative retirement cancellation payment under | ||
this Section, the person's creditable service and all other | ||
rights in the System are terminated for all purposes, except | ||
for the purpose of determining State group life and health | ||
benefits for the person and his or her survivors as provided | ||
under the State Employees Group Insurance Act of 1971. | ||
(e) To the extent permitted by federal law, a person who | ||
receives an alternative retirement cancellation payment under | ||
this Section may direct the System to pay all or a portion of | ||
that payment as a rollover into another retirement plan or | ||
account qualified under the Internal Revenue Code of 1986, as | ||
amended. | ||
(f) Notwithstanding Section 14-111, a person who has | ||
received an alternative retirement cancellation payment under | ||
this Section and who reenters
service under this Article other | ||
than as a temporary employee must repay to the System the | ||
amount by which that alternative retirement cancellation | ||
payment exceeded the amount of his or her refundable employee | ||
contributions within 60 days of resuming employment under this | ||
System. For the purposes of re-establishing creditable service | ||
that was terminated upon election of the alternative retirement | ||
cancellation payment, the portion of the alternative | ||
retirement cancellation payment representing refundable | ||
employee contributions shall be deemed a refund repayable in | ||
accordance with Section 14-130. | ||
(g) The Commission on Government Forecasting and | ||
Accountability shall determine
and report to the Governor and | ||
the General
Assembly, on or before January 1, 2008
2007, its | ||
estimate of (1) the annual amount of payroll savings likely to | ||
be
realized by the State as a result of the early termination | ||
of persons receiving
the alternative retirement cancellation | ||
payment under this Section and (2) the net annual savings
or | ||
cost to the State from the program of alternative retirement | ||
cancellation payments under this Section. | ||
The System, the Department of Central Management Services, | ||
the
Governor's Office of Management and Budget, and all other | ||
departments shall provide to the Commission any
assistance that | ||
the Commission may request with respect to its report under
| ||
this Section. The Commission may require departments to provide | ||
it with any
information that it deems necessary or useful with | ||
respect to its reports under
this Section, including without | ||
limitation information about (1) the final
earnings of former | ||
department employees who elected to receive alternative | ||
retirement cancellation payments under
this Section, (2) the | ||
earnings of current department employees holding the
positions | ||
vacated by persons who elected to receive alternative | ||
retirement cancellation payments under this
Section, and (3) | ||
positions vacated by persons who elected to receive alternative | ||
retirement cancellation payments
under this Section that have | ||
not yet been refilled.
| ||
(Source: P.A. 94-109, eff. 7-1-05.)
| ||
(40 ILCS 5/14-131)
(from Ch. 108 1/2, par. 14-131)
| ||
Sec. 14-131. Contributions by State.
| ||
(a) The State shall make contributions to the System by | ||
appropriations of
amounts which, together with other employer | ||
contributions from trust, federal,
and other funds, employee | ||
contributions, investment income, and other income,
will be | ||
sufficient to meet the cost of maintaining and administering | ||
the System
on a 90% funded basis in accordance with actuarial | ||
recommendations.
| ||
For the purposes of this Section and Section 14-135.08, | ||
references to State
contributions refer only to employer | ||
contributions and do not include employee
contributions that | ||
are picked up or otherwise paid by the State or a
department on | ||
behalf of the employee.
| ||
(b) The Board shall determine the total amount of State | ||
contributions
required for each fiscal year on the basis of the | ||
actuarial tables and other
assumptions adopted by the Board, | ||
using the formula in subsection (e).
| ||
The Board shall also determine a State contribution rate | ||
for each fiscal
year, expressed as a percentage of payroll, | ||
based on the total required State
contribution for that fiscal | ||
year (less the amount received by the System from
| ||
appropriations under Section 8.12 of the State Finance Act and | ||
Section 1 of the
State Pension Funds Continuing Appropriation | ||
Act, if any, for the fiscal year
ending on the June 30 | ||
immediately preceding the applicable November 15
certification | ||
deadline), the estimated payroll (including all forms of
| ||
compensation) for personal services rendered by eligible | ||
employees, and the
recommendations of the actuary.
| ||
For the purposes of this Section and Section 14.1 of the | ||
State Finance Act,
the term "eligible employees" includes | ||
employees who participate in the System,
persons who may elect | ||
to participate in the System but have not so elected,
persons | ||
who are serving a qualifying period that is required for | ||
participation,
and annuitants employed by a department as | ||
described in subdivision (a)(1) or
(a)(2) of Section 14-111.
| ||
(c) Contributions shall be made by the several departments | ||
for each pay
period by warrants drawn by the State Comptroller | ||
against their respective
funds or appropriations based upon | ||
vouchers stating the amount to be so
contributed. These amounts | ||
shall be based on the full rate certified by the
Board under | ||
Section 14-135.08 for that fiscal year.
From the effective date | ||
of this amendatory Act of the 93rd General
Assembly through the | ||
payment of the final payroll from fiscal year 2004
| ||
appropriations, the several departments shall not make | ||
contributions
for the remainder of fiscal year 2004 but shall | ||
instead make payments
as required under subsection (a-1) of | ||
Section 14.1 of the State Finance Act.
The several departments | ||
shall resume those contributions at the commencement of
fiscal | ||
year 2005.
| ||
(d) If an employee is paid from trust funds or federal | ||
funds, the
department or other employer shall pay employer | ||
contributions from those funds
to the System at the certified | ||
rate, unless the terms of the trust or the
federal-State | ||
agreement preclude the use of the funds for that purpose, in
| ||
which case the required employer contributions shall be paid by | ||
the State.
From the effective date of this amendatory
Act of | ||
the 93rd General Assembly through the payment of the final
| ||
payroll from fiscal year 2004 appropriations, the department or | ||
other
employer shall not pay contributions for the remainder of | ||
fiscal year
2004 but shall instead make payments as required | ||
under subsection (a-1) of
Section 14.1 of the State Finance | ||
Act. The department or other employer shall
resume payment of
| ||
contributions at the commencement of fiscal year 2005.
| ||
(e) For State fiscal years 2011 through 2045, the minimum | ||
contribution
to the System to be made by the State for each | ||
fiscal year shall be an amount
determined by the System to be | ||
sufficient to bring the total assets of the
System up to 90% of | ||
the total actuarial liabilities of the System by the end
of | ||
State fiscal year 2045. In making these determinations, the | ||
required State
contribution shall be calculated each year as a | ||
level percentage of payroll
over the years remaining to and | ||
including fiscal year 2045 and shall be
determined under the | ||
projected unit credit actuarial cost method.
| ||
For State fiscal years 1996 through 2005, the State | ||
contribution to
the System, as a percentage of the applicable | ||
employee payroll, shall be
increased in equal annual increments | ||
so that by State fiscal year 2011, the
State is contributing at | ||
the rate required under this Section; except that
(i) for State | ||
fiscal year 1998, for all purposes of this Code and any other
| ||
law of this State, the certified percentage of the applicable | ||
employee payroll
shall be 5.052% for employees earning eligible | ||
creditable service under Section
14-110 and 6.500% for all | ||
other employees, notwithstanding any contrary
certification | ||
made under Section 14-135.08 before the effective date of this
| ||
amendatory Act of 1997, and (ii)
in the following specified | ||
State fiscal years, the State contribution to
the System shall | ||
not be less than the following indicated percentages of the
| ||
applicable employee payroll, even if the indicated percentage | ||
will produce a
State contribution in excess of the amount | ||
otherwise required under this
subsection and subsection (a):
| ||
9.8% in FY 1999;
10.0% in FY 2000;
10.2% in FY 2001;
10.4% in FY | ||
2002;
10.6% in FY 2003; and
10.8% in FY 2004.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution to the System for State | ||
fiscal year 2006 is $203,783,900.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution to the System for State | ||
fiscal year 2007 is $344,164,400.
| ||
For each of State fiscal years 2008 through 2010, the State | ||
contribution to
the System, as a percentage of the applicable | ||
employee payroll, shall be
increased in equal annual increments | ||
from the required State contribution for State fiscal year | ||
2007, so that by State fiscal year 2011, the
State is | ||
contributing at the rate otherwise required under this Section.
| ||
Beginning in State fiscal year 2046, the minimum State | ||
contribution for
each fiscal year shall be the amount needed to | ||
maintain the total assets of
the System at 90% of the total | ||
actuarial liabilities of the System.
| ||
Amounts received by the System pursuant to Section 25 of | ||
the Budget Stabilization Act in any fiscal year do not reduce | ||
and do not constitute payment of any portion of the minimum | ||
State contribution required under this Article in that fiscal | ||
year. Such amounts shall not reduce, and shall not be included | ||
in the calculation of, the required State contributions under | ||
this Article in any future year until the System has reached a | ||
funding ratio of at least 90%. A reference in this Article to | ||
the "required State contribution" or any substantially similar | ||
term does not include or apply to any amounts payable to the | ||
System under Section 25 of the Budget Stabilization Act.
| ||
Notwithstanding any other provision of this Section, the | ||
required State
contribution for State fiscal year 2005 and for | ||
fiscal year 2008 and each fiscal year thereafter, as
calculated | ||
under this Section and
certified under Section 14-135.08, shall | ||
not exceed an amount equal to (i) the
amount of the required | ||
State contribution that would have been calculated under
this | ||
Section for that fiscal year if the System had not received any | ||
payments
under subsection (d) of Section 7.2 of the General | ||
Obligation Bond Act, minus
(ii) the portion of the State's | ||
total debt service payments for that fiscal
year on the bonds | ||
issued for the purposes of that Section 7.2, as determined
and | ||
certified by the Comptroller, that is the same as the System's | ||
portion of
the total moneys distributed under subsection (d) of | ||
Section 7.2 of the General
Obligation Bond Act. In determining | ||
this maximum for State fiscal years 2008 through 2010, however, | ||
the amount referred to in item (i) shall be increased, as a | ||
percentage of the applicable employee payroll, in equal | ||
increments calculated from the sum of the required State | ||
contribution for State fiscal year 2007 plus the applicable | ||
portion of the State's total debt service payments for fiscal | ||
year 2007 on the bonds issued for the purposes of Section 7.2 | ||
of the General
Obligation Bond Act, so that, by State fiscal | ||
year 2011, the
State is contributing at the rate otherwise | ||
required under this Section.
| ||
(f) After the submission of all payments for eligible | ||
employees
from personal services line items in fiscal year 2004 | ||
have been made,
the Comptroller shall provide to the System a | ||
certification of the sum
of all fiscal year 2004 expenditures | ||
for personal services that would
have been covered by payments | ||
to the System under this Section if the
provisions of this | ||
amendatory Act of the 93rd General Assembly had not been
| ||
enacted. Upon
receipt of the certification, the System shall | ||
determine the amount
due to the System based on the full rate | ||
certified by the Board under
Section 14-135.08 for fiscal year | ||
2004 in order to meet the State's
obligation under this | ||
Section. The System shall compare this amount
due to the amount | ||
received by the System in fiscal year 2004 through
payments | ||
under this Section and under Section 6z-61 of the State Finance | ||
Act.
If the amount
due is more than the amount received, the | ||
difference shall be termed the
"Fiscal Year 2004 Shortfall" for | ||
purposes of this Section, and the
Fiscal Year 2004 Shortfall | ||
shall be satisfied under Section 1.2 of the State
Pension Funds | ||
Continuing Appropriation Act. If the amount due is less than | ||
the
amount received, the
difference shall be termed the "Fiscal | ||
Year 2004 Overpayment" for purposes of
this Section, and the | ||
Fiscal Year 2004 Overpayment shall be repaid by
the System to | ||
the Pension Contribution Fund as soon as practicable
after the | ||
certification.
| ||
(Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4, | ||
eff. 6-1-05.)
| ||
(40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
| ||
Sec. 15-155. Employer contributions.
| ||
(a) The State of Illinois shall make contributions by | ||
appropriations of
amounts which, together with the other | ||
employer contributions from trust,
federal, and other funds, | ||
employee contributions, income from investments,
and other | ||
income of this System, will be sufficient to meet the cost of
| ||
maintaining and administering the System on a 90% funded basis | ||
in accordance
with actuarial recommendations.
| ||
The Board shall determine the amount of State contributions | ||
required for
each fiscal year on the basis of the actuarial | ||
tables and other assumptions
adopted by the Board and the | ||
recommendations of the actuary, using the formula
in subsection | ||
(a-1).
| ||
(a-1) For State fiscal years 2011 through 2045, the minimum | ||
contribution
to the System to be made by the State for each | ||
fiscal year shall be an amount
determined by the System to be | ||
sufficient to bring the total assets of the
System up to 90% of | ||
the total actuarial liabilities of the System by the end of
| ||
State fiscal year 2045. In making these determinations, the | ||
required State
contribution shall be calculated each year as a | ||
level percentage of payroll
over the years remaining to and | ||
including fiscal year 2045 and shall be
determined under the | ||
projected unit credit actuarial cost method.
| ||
For State fiscal years 1996 through 2005, the State | ||
contribution to
the System, as a percentage of the applicable | ||
employee payroll, shall be
increased in equal annual increments | ||
so that by State fiscal year 2011, the
State is contributing at | ||
the rate required under this Section.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2006 is | ||
$166,641,900.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2007 is | ||
$252,064,100.
| ||
For each of State fiscal years 2008 through 2010, the State | ||
contribution to
the System, as a percentage of the applicable | ||
employee payroll, shall be
increased in equal annual increments | ||
from the required State contribution for State fiscal year | ||
2007, so that by State fiscal year 2011, the
State is | ||
contributing at the rate otherwise required under this Section.
| ||
Beginning in State fiscal year 2046, the minimum State | ||
contribution for
each fiscal year shall be the amount needed to | ||
maintain the total assets of
the System at 90% of the total | ||
actuarial liabilities of the System.
| ||
Amounts received by the System pursuant to Section 25 of | ||
the Budget Stabilization Act in any fiscal year do not reduce | ||
and do not constitute payment of any portion of the minimum | ||
State contribution required under this Article in that fiscal | ||
year. Such amounts shall not reduce, and shall not be included | ||
in the calculation of, the required State contributions under | ||
this Article in any future year until the System has reached a | ||
funding ratio of at least 90%. A reference in this Article to | ||
the "required State contribution" or any substantially similar | ||
term does not include or apply to any amounts payable to the | ||
System under Section 25 of the Budget Stabilization Act.
| ||
Notwithstanding any other provision of this Section, the | ||
required State
contribution for State fiscal year 2005 and for | ||
fiscal year 2008 and each fiscal year thereafter, as
calculated | ||
under this Section and
certified under Section 15-165, shall | ||
not exceed an amount equal to (i) the
amount of the required | ||
State contribution that would have been calculated under
this | ||
Section for that fiscal year if the System had not received any | ||
payments
under subsection (d) of Section 7.2 of the General | ||
Obligation Bond Act, minus
(ii) the portion of the State's | ||
total debt service payments for that fiscal
year on the bonds | ||
issued for the purposes of that Section 7.2, as determined
and | ||
certified by the Comptroller, that is the same as the System's | ||
portion of
the total moneys distributed under subsection (d) of | ||
Section 7.2 of the General
Obligation Bond Act. In determining | ||
this maximum for State fiscal years 2008 through 2010, however, | ||
the amount referred to in item (i) shall be increased, as a | ||
percentage of the applicable employee payroll, in equal | ||
increments calculated from the sum of the required State | ||
contribution for State fiscal year 2007 plus the applicable | ||
portion of the State's total debt service payments for fiscal | ||
year 2007 on the bonds issued for the purposes of Section 7.2 | ||
of the General
Obligation Bond Act, so that, by State fiscal | ||
year 2011, the
State is contributing at the rate otherwise | ||
required under this Section.
| ||
(b) If an employee is paid from trust or federal funds, the | ||
employer
shall pay to the Board contributions from those funds | ||
which are
sufficient to cover the accruing normal costs on | ||
behalf of the employee.
However, universities having employees | ||
who are compensated out of local
auxiliary funds, income funds, | ||
or service enterprise funds are not required
to pay such | ||
contributions on behalf of those employees. The local auxiliary
| ||
funds, income funds, and service enterprise funds of | ||
universities shall not be
considered trust funds for the | ||
purpose of this Article, but funds of alumni
associations, | ||
foundations, and athletic associations which are affiliated | ||
with
the universities included as employers under this Article | ||
and other employers
which do not receive State appropriations | ||
are considered to be trust funds for
the purpose of this | ||
Article.
| ||
(b-1) The City of Urbana and the City of Champaign shall | ||
each make
employer contributions to this System for their | ||
respective firefighter
employees who participate in this | ||
System pursuant to subsection (h) of Section
15-107. The rate | ||
of contributions to be made by those municipalities shall
be | ||
determined annually by the Board on the basis of the actuarial | ||
assumptions
adopted by the Board and the recommendations of the | ||
actuary, and shall be
expressed as a percentage of salary for | ||
each such employee. The Board shall
certify the rate to the | ||
affected municipalities as soon as may be practical.
The | ||
employer contributions required under this subsection shall be | ||
remitted by
the municipality to the System at the same time and | ||
in the same manner as
employee contributions.
| ||
(c) Through State fiscal year 1995: The total employer | ||
contribution shall
be apportioned among the various funds of | ||
the State and other employers,
whether trust, federal, or other | ||
funds, in accordance with actuarial procedures
approved by the | ||
Board. State of Illinois contributions for employers receiving
| ||
State appropriations for personal services shall be payable | ||
from appropriations
made to the employers or to the System. The | ||
contributions for Class I
community colleges covering earnings | ||
other than those paid from trust and
federal funds, shall be | ||
payable solely from appropriations to the Illinois
Community | ||
College Board or the System for employer contributions.
| ||
(d) Beginning in State fiscal year 1996, the required State | ||
contributions
to the System shall be appropriated directly to | ||
the System and shall be payable
through vouchers issued in | ||
accordance with subsection (c) of Section 15-165, except as | ||
provided in subsection (g).
| ||
(e) The State Comptroller shall draw warrants payable to | ||
the System upon
proper certification by the System or by the | ||
employer in accordance with the
appropriation laws and this | ||
Code.
| ||
(f) Normal costs under this Section means liability for
| ||
pensions and other benefits which accrues to the System because | ||
of the
credits earned for service rendered by the participants | ||
during the
fiscal year and expenses of administering the | ||
System, but shall not
include the principal of or any | ||
redemption premium or interest on any bonds
issued by the Board | ||
or any expenses incurred or deposits required in
connection | ||
therewith.
| ||
(g) If the amount of a participant's earnings for any | ||
academic year used to determine the final rate of earnings | ||
exceeds the amount of his or her earnings with the same | ||
employer for the previous academic year by more than 6%, the | ||
participant's employer shall pay to the System, in addition to | ||
all other payments required under this Section and in | ||
accordance with guidelines established by the System, the | ||
present value of the increase in benefits resulting from the | ||
portion of the increase in earnings that is in excess of 6%. | ||
This present value shall be computed by the System on the basis | ||
of the actuarial assumptions and tables used in the most recent | ||
actuarial valuation of the System that is available at the time | ||
of the computation. The employer contributions required under | ||
this subsection (g) shall be paid in the form of a lump sum | ||
within 30 days after receipt of the bill after the participant | ||
begins receiving benefits under this Article.
| ||
The provisions of this subsection (g) do not apply to | ||
earnings increases paid to participants under contracts or | ||
collective bargaining agreements entered into, amended, or | ||
renewed before the effective date of this amendatory Act of the | ||
94th General Assembly.
| ||
(Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)
| ||
(40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||
Sec. 16-158. Contributions by State and other employing | ||
units.
| ||
(a) The State shall make contributions to the System by | ||
means of
appropriations from the Common School Fund and other | ||
State funds of amounts
which, together with other employer | ||
contributions, employee contributions,
investment income, and | ||
other income, will be sufficient to meet the cost of
| ||
maintaining and administering the System on a 90% funded basis | ||
in accordance
with actuarial recommendations.
| ||
The Board shall determine the amount of State contributions | ||
required for
each fiscal year on the basis of the actuarial | ||
tables and other assumptions
adopted by the Board and the | ||
recommendations of the actuary, using the formula
in subsection | ||
(b-3).
| ||
(a-1) Annually, on or before November 15, the Board shall | ||
certify to the
Governor the amount of the required State | ||
contribution for the coming fiscal
year. The certification | ||
shall include a copy of the actuarial recommendations
upon | ||
which it is based.
| ||
On or before May 1, 2004, the Board shall recalculate and | ||
recertify to
the Governor the amount of the required State | ||
contribution to the System for
State fiscal year 2005, taking | ||
into account the amounts appropriated to and
received by the | ||
System under subsection (d) of Section 7.2 of the General
| ||
Obligation Bond Act.
| ||
On or before July 1, 2005, the Board shall recalculate and | ||
recertify
to the Governor the amount of the required State
| ||
contribution to the System for State fiscal year 2006, taking | ||
into account the changes in required State contributions made | ||
by this amendatory Act of the 94th General Assembly.
| ||
(b) Through State fiscal year 1995, the State contributions | ||
shall be
paid to the System in accordance with Section 18-7 of | ||
the School Code.
| ||
(b-1) Beginning in State fiscal year 1996, on the 15th day | ||
of each month,
or as soon thereafter as may be practicable, the | ||
Board shall submit vouchers
for payment of State contributions | ||
to the System, in a total monthly amount of
one-twelfth of the | ||
required annual State contribution certified under
subsection | ||
(a-1).
From the
effective date of this amendatory Act of the | ||
93rd General Assembly
through June 30, 2004, the Board shall | ||
not submit vouchers for the
remainder of fiscal year 2004 in | ||
excess of the fiscal year 2004
certified contribution amount | ||
determined under this Section
after taking into consideration | ||
the transfer to the System
under subsection (a) of Section | ||
6z-61 of the State Finance Act.
These vouchers shall be paid by | ||
the State Comptroller and
Treasurer by warrants drawn on the | ||
funds appropriated to the System for that
fiscal year.
| ||
If in any month the amount remaining unexpended from all | ||
other appropriations
to the System for the applicable fiscal | ||
year (including the appropriations to
the System under Section | ||
8.12 of the State Finance Act and Section 1 of the
State | ||
Pension Funds Continuing Appropriation Act) is less than the | ||
amount
lawfully vouchered under this subsection, the | ||
difference shall be paid from the
Common School Fund under the | ||
continuing appropriation authority provided in
Section 1.1 of | ||
the State Pension Funds Continuing Appropriation Act.
| ||
(b-2) Allocations from the Common School Fund apportioned | ||
to school
districts not coming under this System shall not be | ||
diminished or affected by
the provisions of this Article.
| ||
(b-3) For State fiscal years 2011 through 2045, the minimum | ||
contribution
to the System to be made by the State for each | ||
fiscal year shall be an amount
determined by the System to be | ||
sufficient to bring the total assets of the
System up to 90% of | ||
the total actuarial liabilities of the System by the end of
| ||
State fiscal year 2045. In making these determinations, the | ||
required State
contribution shall be calculated each year as a | ||
level percentage of payroll
over the years remaining to and | ||
including fiscal year 2045 and shall be
determined under the | ||
projected unit credit actuarial cost method.
| ||
For State fiscal years 1996 through 2005, the State | ||
contribution to the
System, as a percentage of the applicable | ||
employee payroll, shall be increased
in equal annual increments | ||
so that by State fiscal year 2011, the State is
contributing at | ||
the rate required under this Section; except that in the
| ||
following specified State fiscal years, the State contribution | ||
to the System
shall not be less than the following indicated | ||
percentages of the applicable
employee payroll, even if the | ||
indicated percentage will produce a State
contribution in | ||
excess of the amount otherwise required under this subsection
| ||
and subsection (a), and notwithstanding any contrary | ||
certification made under
subsection (a-1) before the effective | ||
date of this amendatory Act of 1998:
10.02% in FY 1999;
10.77% | ||
in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% in FY | ||
2003; and
13.56% in FY 2004.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2006 is | ||
$534,627,700.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2007 is | ||
$738,014,500.
| ||
For each of State fiscal years 2008 through 2010, the State | ||
contribution to
the System, as a percentage of the applicable | ||
employee payroll, shall be
increased in equal annual increments | ||
from the required State contribution for State fiscal year | ||
2007, so that by State fiscal year 2011, the
State is | ||
contributing at the rate otherwise required under this Section.
| ||
Beginning in State fiscal year 2046, the minimum State | ||
contribution for
each fiscal year shall be the amount needed to | ||
maintain the total assets of
the System at 90% of the total | ||
actuarial liabilities of the System.
| ||
Amounts received by the System pursuant to Section 25 of | ||
the Budget Stabilization Act in any fiscal year do not reduce | ||
and do not constitute payment of any portion of the minimum | ||
State contribution required under this Article in that fiscal | ||
year. Such amounts shall not reduce, and shall not be included | ||
in the calculation of, the required State contributions under | ||
this Article in any future year until the System has reached a | ||
funding ratio of at least 90%. A reference in this Article to | ||
the "required State contribution" or any substantially similar | ||
term does not include or apply to any amounts payable to the | ||
System under Section 25 of the Budget Stabilization Act.
| ||
Notwithstanding any other provision of this Section, the | ||
required State
contribution for State fiscal year 2005 and for | ||
fiscal year 2008 and each fiscal year thereafter, as
calculated | ||
under this Section and
certified under subsection (a-1), shall | ||
not exceed an amount equal to (i) the
amount of the required | ||
State contribution that would have been calculated under
this | ||
Section for that fiscal year if the System had not received any | ||
payments
under subsection (d) of Section 7.2 of the General | ||
Obligation Bond Act, minus
(ii) the portion of the State's | ||
total debt service payments for that fiscal
year on the bonds | ||
issued for the purposes of that Section 7.2, as determined
and | ||
certified by the Comptroller, that is the same as the System's | ||
portion of
the total moneys distributed under subsection (d) of | ||
Section 7.2 of the General
Obligation Bond Act. In determining | ||
this maximum for State fiscal years 2008 through 2010, however, | ||
the amount referred to in item (i) shall be increased, as a | ||
percentage of the applicable employee payroll, in equal | ||
increments calculated from the sum of the required State | ||
contribution for State fiscal year 2007 plus the applicable | ||
portion of the State's total debt service payments for fiscal | ||
year 2007 on the bonds issued for the purposes of Section 7.2 | ||
of the General
Obligation Bond Act, so that, by State fiscal | ||
year 2011, the
State is contributing at the rate otherwise | ||
required under this Section.
| ||
(c) Payment of the required State contributions and of all | ||
pensions,
retirement annuities, death benefits, refunds, and | ||
other benefits granted
under or assumed by this System, and all | ||
expenses in connection with the
administration and operation | ||
thereof, are obligations of the State.
| ||
If members are paid from special trust or federal funds | ||
which are
administered by the employing unit, whether school | ||
district or other
unit, the employing unit shall pay to the | ||
System from such
funds the full accruing retirement costs based | ||
upon that
service, as determined by the System. Employer | ||
contributions, based on
salary paid to members from federal | ||
funds, may be forwarded by the distributing
agency of the State | ||
of Illinois to the System prior to allocation, in an
amount | ||
determined in accordance with guidelines established by such
| ||
agency and the System.
| ||
(d) Effective July 1, 1986, any employer of a teacher as | ||
defined in
paragraph (8) of Section 16-106 shall pay the | ||
employer's normal cost
of benefits based upon the teacher's | ||
service, in addition to
employee contributions, as determined | ||
by the System. Such employer
contributions shall be forwarded | ||
monthly in accordance with guidelines
established by the | ||
System.
| ||
However, with respect to benefits granted under Section | ||
16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||
of Section 16-106, the
employer's contribution shall be 12% | ||
(rather than 20%) of the member's
highest annual salary rate | ||
for each year of creditable service granted, and
the employer | ||
shall also pay the required employee contribution on behalf of
| ||
the teacher. For the purposes of Sections 16-133.4 and | ||
16-133.5, a teacher
as defined in paragraph (8) of Section | ||
16-106 who is serving in that capacity
while on leave of | ||
absence from another employer under this Article shall not
be | ||
considered an employee of the employer from which the teacher | ||
is on leave.
| ||
(e) Beginning July 1, 1998, every employer of a teacher
| ||
shall pay to the System an employer contribution computed as | ||
follows:
| ||
(1) Beginning July 1, 1998 through June 30, 1999, the | ||
employer
contribution shall be equal to 0.3% of each | ||
teacher's salary.
| ||
(2) Beginning July 1, 1999 and thereafter, the employer
| ||
contribution shall be equal to 0.58% of each teacher's | ||
salary.
| ||
The school district or other employing unit may pay these | ||
employer
contributions out of any source of funding available | ||
for that purpose and
shall forward the contributions to the | ||
System on the schedule established
for the payment of member | ||
contributions.
| ||
These employer contributions are intended to offset a | ||
portion of the cost
to the System of the increases in | ||
retirement benefits resulting from this
amendatory Act of 1998.
| ||
Each employer of teachers is entitled to a credit against | ||
the contributions
required under this subsection (e) with | ||
respect to salaries paid to teachers
for the period January 1, | ||
2002 through June 30, 2003, equal to the amount paid
by that | ||
employer under subsection (a-5) of Section 6.6 of the State | ||
Employees
Group Insurance Act of 1971 with respect to salaries | ||
paid to teachers for that
period.
| ||
The additional 1% employee contribution required under | ||
Section 16-152 by
this amendatory Act of 1998 is the | ||
responsibility of the teacher and not the
teacher's employer, | ||
unless the employer agrees, through collective bargaining
or | ||
otherwise, to make the contribution on behalf of the teacher.
| ||
If an employer is required by a contract in effect on May | ||
1, 1998 between the
employer and an employee organization to | ||
pay, on behalf of all its full-time
employees
covered by this | ||
Article, all mandatory employee contributions required under
| ||
this Article, then the employer shall be excused from paying | ||
the employer
contribution required under this subsection (e) | ||
for the balance of the term
of that contract. The employer and | ||
the employee organization shall jointly
certify to the System | ||
the existence of the contractual requirement, in such
form as | ||
the System may prescribe. This exclusion shall cease upon the
| ||
termination, extension, or renewal of the contract at any time | ||
after May 1,
1998.
| ||
(f) If the amount of a teacher's salary for any school year | ||
used to determine final average salary exceeds the amount of | ||
his or her salary with the same employer for the previous | ||
school year by more than 6%, the teacher's employer shall pay | ||
to the System, in addition to all other payments required under | ||
this Section and in accordance with guidelines established by | ||
the System, the present value of the increase in benefits | ||
resulting from the portion of the increase in salary that is in | ||
excess of 6%. This present value shall be computed by the | ||
System on the basis of the actuarial assumptions and tables | ||
used in the most recent actuarial valuation of the System that | ||
is available at the time of the computation. The employer | ||
contributions required under this subsection (f) shall be paid | ||
in the form of a lump sum within 30 days after receipt of the | ||
bill after the teacher begins receiving benefits under this | ||
Article.
| ||
The provisions of this subsection (f) do not apply to | ||
salary increases paid to teachers under contracts or collective | ||
bargaining agreements entered into, amended, or renewed before | ||
the effective date of this amendatory Act of the 94th General | ||
Assembly.
| ||
(Source: P.A. 93-2, eff. 4-7-03; 93-665, eff. 3-5-04; 94-4, | ||
eff. 6-1-05.)
| ||
(40 ILCS 5/18-131) (from Ch. 108 1/2, par. 18-131)
| ||
Sec. 18-131. Financing; employer contributions.
| ||
(a) The State of Illinois shall make contributions to this | ||
System by
appropriations of the amounts which, together with | ||
the contributions of
participants, net earnings on | ||
investments, and other income, will meet the
costs of | ||
maintaining and administering this System on a 90% funded basis | ||
in
accordance with actuarial recommendations.
| ||
(b) The Board shall determine the amount of State | ||
contributions
required for each fiscal year on the basis of the | ||
actuarial tables and other
assumptions adopted by the Board and | ||
the prescribed rate of interest, using
the formula in | ||
subsection (c).
| ||
(c) For State fiscal years 2011 through 2045, the minimum | ||
contribution
to the System to be made by the State for each | ||
fiscal year shall be an amount
determined by the System to be | ||
sufficient to bring the total assets of the
System up to 90% of | ||
the total actuarial liabilities of the System by the end of
| ||
State fiscal year 2045. In making these determinations, the | ||
required State
contribution shall be calculated each year as a | ||
level percentage of payroll
over the years remaining to and | ||
including fiscal year 2045 and shall be
determined under the | ||
projected unit credit actuarial cost method.
| ||
For State fiscal years 1996 through 2005, the State | ||
contribution to
the System, as a percentage of the applicable | ||
employee payroll, shall be
increased in equal annual increments | ||
so that by State fiscal year 2011, the
State is contributing at | ||
the rate required under this Section.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2006 is | ||
$29,189,400.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2007 is | ||
$35,236,800.
| ||
For each of State fiscal years 2008 through 2010, the State | ||
contribution to
the System, as a percentage of the applicable | ||
employee payroll, shall be
increased in equal annual increments | ||
from the required State contribution for State fiscal year | ||
2007, so that by State fiscal year 2011, the
State is | ||
contributing at the rate otherwise required under this Section.
| ||
Beginning in State fiscal year 2046, the minimum State | ||
contribution for
each fiscal year shall be the amount needed to | ||
maintain the total assets of
the System at 90% of the total | ||
actuarial liabilities of the System.
| ||
Amounts received by the System pursuant to Section 25 of | ||
the Budget Stabilization Act in any fiscal year do not reduce | ||
and do not constitute payment of any portion of the minimum | ||
State contribution required under this Article in that fiscal | ||
year. Such amounts shall not reduce, and shall not be included | ||
in the calculation of, the required State contributions under | ||
this Article in any future year until the System has reached a | ||
funding ratio of at least 90%. A reference in this Article to | ||
the "required State contribution" or any substantially similar | ||
term does not include or apply to any amounts payable to the | ||
System under Section 25 of the Budget Stabilization Act.
| ||
Notwithstanding any other provision of this Section, the | ||
required State
contribution for State fiscal year 2005 and for | ||
fiscal year 2008 and each fiscal year thereafter, as
calculated | ||
under this Section and
certified under Section 18-140, shall | ||
not exceed an amount equal to (i) the
amount of the required | ||
State contribution that would have been calculated under
this | ||
Section for that fiscal year if the System had not received any | ||
payments
under subsection (d) of Section 7.2 of the General | ||
Obligation Bond Act, minus
(ii) the portion of the State's | ||
total debt service payments for that fiscal
year on the bonds | ||
issued for the purposes of that Section 7.2, as determined
and | ||
certified by the Comptroller, that is the same as the System's | ||
portion of
the total moneys distributed under subsection (d) of | ||
Section 7.2 of the General
Obligation Bond Act. In determining | ||
this maximum for State fiscal years 2008 through 2010, however, | ||
the amount referred to in item (i) shall be increased, as a | ||
percentage of the applicable employee payroll, in equal | ||
increments calculated from the sum of the required State | ||
contribution for State fiscal year 2007 plus the applicable | ||
portion of the State's total debt service payments for fiscal | ||
year 2007 on the bonds issued for the purposes of Section 7.2 | ||
of the General
Obligation Bond Act, so that, by State fiscal | ||
year 2011, the
State is contributing at the rate otherwise | ||
required under this Section.
| ||
(Source: P.A. 93-2, eff. 4-7-03; 94-4, eff. 6-1-05.)
| ||
Section 5-71. The State Pension Funds Continuing | ||
Appropriation Act is amended by adding Section 1.7 as follows: | ||
(40 ILCS 15/1.7 new)
| ||
Sec. 1.7. Appropriations from the Pension Stabilization | ||
Fund. | ||
(a) All of the moneys deposited from time to time into the | ||
Pension Stabilization Fund are hereby appropriated, on a | ||
continuing basis, to the State Comptroller for the purpose of | ||
making distributions to the designated retirement systems as | ||
provided in Section 25 of the Budget Stabilization Act. | ||
(b) The appropriations made under this Section are in | ||
addition to, and do not affect, the amounts subject to | ||
appropriation under any other Section of this Act.
| ||
Section 5-72. The Regional Transportation Authority Act is | ||
amended by changing Section 4.13 as follows:
| ||
(70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
| ||
Sec. 4.13. Annual Capital Improvement Plan.
| ||
(a) With respect to each calendar year, the Authority shall | ||
prepare as
part of its Five Year Program an Annual Capital | ||
Improvement Plan (the
"Plan") which shall describe its intended | ||
development and implementation of
the Strategic Capital | ||
Improvement Program. The Plan shall include the
following | ||
information:
| ||
(i) a list of projects for which approval is sought | ||
from the Governor,
with a description of each project | ||
stating at a minimum the project cost, its
category, its | ||
location and the entity responsible for its | ||
implementation;
| ||
(ii) a certification by
the Authority that the | ||
Authority and the Service Boards have applied for
all | ||
grants, loans and other moneys made available by the | ||
federal government
or the State of Illinois during the | ||
preceding federal and State fiscal
years for financing its | ||
capital development activities;
| ||
(iii) a certification that, as of September 30 of the | ||
preceding calendar
year or any later date, the balance of | ||
all federal capital grant funds and
all other funds to be | ||
used as matching funds therefor which were committed
to or | ||
possessed by the Authority or a Service Board but which had | ||
not been
obligated was less than $350,000,000, or a greater | ||
amount as authorized in
writing by the Governor (for | ||
purposes of this subsection (a),
"obligated" means | ||
committed to be paid by the Authority or a Service Board
| ||
under a contract with a nongovernmental entity in | ||
connection with the
performance of a project or committed | ||
under a force account plan
approved by the federal | ||
government);
| ||
(iv) a certification that the Authority has adopted a | ||
balanced budget
with respect to such calendar year under | ||
Section 4.01 of this Act;
| ||
(v) a schedule of all bonds or notes
previously issued | ||
for Strategic Capital Improvement Projects and all debt
| ||
service payments to be made with respect to all such bonds | ||
and the
estimated additional debt service payments through | ||
June 30 of the following
calendar year expected to result | ||
from bonds to be sold prior thereto;
| ||
(vi) a long-range summary of the Strategic Capital | ||
Improvement
Program describing the projects to be funded | ||
through the Program with
respect to project cost, category, | ||
location, and implementing entity, and
presenting a | ||
financial plan including an estimated time schedule for
| ||
obligating funds for the performance of approved projects, | ||
issuing bonds,
expending bond proceeds and paying debt | ||
service throughout the duration of
the Program; and
| ||
(vii) the source of funding for each project in the | ||
Plan. For any project
for which full funding has not yet | ||
been secured and which is not subject to
a federal full | ||
funding contract, the Authority must identify alternative,
| ||
dedicated funding sources available to complete the | ||
project. The Governor
may waive this requirement on a | ||
project by project basis.
| ||
(b) The Authority shall submit the Plan with respect to any | ||
calendar
year to the Governor on or before January 15 of that | ||
year, or as soon as
possible thereafter; provided, however, | ||
that the Plan shall be adopted on
the affirmative votes of 9 of | ||
the then Directors. The Plan may be revised
or amended at any | ||
time, but any revision in the projects approved shall
require | ||
the Governor's approval.
| ||
(c) The Authority shall seek approval from the Governor | ||
only through the
Plan or an amendment thereto. The Authority | ||
shall not request approval of the
Plan from the Governor in any | ||
calendar year in which it is unable to make the
certifications | ||
required under items (ii), (iii) and (iv) of subsection (a).
In | ||
no event shall the Authority seek approval of the Plan from the | ||
Governor for
projects in an aggregate amount exceeding the | ||
proceeds of
authorization for bonds or notes
for Strategic | ||
Capital Improvement Projects issued under Section 4.04 of this
| ||
Act.
| ||
(d) The Governor may approve the Plan for which
approval is | ||
requested. The Governor's approval is limited to
the amount of | ||
the project cost stated in the Plan. The Governor shall not
| ||
approve the Plan in a calendar year if the Authority is unable | ||
to make
the certifications required under items (ii), (iii) and | ||
(iv)
of subsection (a). In no event shall the Governor approve | ||
the Plan for
projects in an aggregate amount exceeding the | ||
proceeds of
authorization for
bonds or notes for Strategic | ||
Capital Improvement Projects issued under
Section 4.04 of this | ||
Act.
| ||
(e) With respect to capital improvements, only those | ||
capital improvements
which are in a Plan approved by the | ||
Governor shall be financed with the
proceeds of bonds or notes | ||
issued for Strategic Capital Improvement Projects.
| ||
(f) Before the Authority or a Service Board obligates any | ||
funds for a
project for which the Authority or Service Board | ||
intends to use the proceeds
of bonds or notes for Strategic | ||
Capital Improvement Projects, but which project
is not included | ||
in an approved Plan, the Authority must notify the Governor of
| ||
the intended obligation. No project costs incurred prior to | ||
approval of the
Plan including that project may be paid from | ||
the proceeds of bonds or notes for
Strategic Capital | ||
Improvement Projects issued under Section 4.04 of this Act.
| ||
(Source: P.A. 91-37, eff. 7-1-99.)
| ||
Section 5-73. The School Code is amended by changing | ||
Section 3-12 as follows:
| ||
(105 ILCS 5/3-12) (from Ch. 122, par. 3-12)
| ||
Sec. 3-12. Institute fund. | ||
(a) All certificate
registration fees and
a portion of | ||
renewal and duplicate fees
shall be kept by the regional | ||
superintendent as described in Section 21-16 of
this Code, | ||
together with a record of the
names of the persons paying them. | ||
Such fees shall be deposited
into the institute fund and
shall | ||
be used by the regional superintendent
to defray expenses | ||
associated with the
work of
the regional professional | ||
development review committees established pursuant to
| ||
paragraph (2) of subsection (g) of Section 21-14 of this Code | ||
to advise the
regional
superintendent, upon his or her request, | ||
and to hear appeals relating to the
renewal of
teaching | ||
certificates, in accordance with Section 21-14 of this Code; to | ||
defray
expenses
connected with improving the technology | ||
necessary for the efficient processing
of
certificates;
to | ||
defray expenses incidental to
teachers' institutes,
workshops | ||
or meetings of a professional nature that are designed to | ||
promote the
professional growth of teachers or for the purpose | ||
of defraying the expense of
any general or special meeting of | ||
teachers or school personnel of the region,
which has been | ||
approved by the regional superintendent.
| ||
(b) In addition to the use of moneys in the institute fund | ||
to defray expenses under subsection (a) of this Section, the | ||
State Superintendent of Education, as authorized under Section | ||
2-3.105 of this Code, shall use moneys in the institute fund to | ||
defray all costs associated with the administration of teaching | ||
certificates within a city having a population exceeding | ||
500,000.
| ||
(c) The regional superintendent shall on or before January | ||
1 of each year
publish in a newspaper of general circulation | ||
published in the region or
shall post in each school building | ||
under his jurisdiction an accounting of
(1) the balance on hand | ||
in the Institute fund at the beginning of the
previous year; | ||
(2) all receipts within the previous year deposited in the
| ||
fund, with the sources from which they were derived; (3) the | ||
amount
distributed from the fund and the purposes for which | ||
such distributions
were made; and (4) the balance on hand in | ||
the fund.
| ||
(Source: P.A. 91-102, eff. 7-12-99.)
| ||
Section 5-75. The Riverboat Gambling Act is amended by | ||
changing Section 13 as follows:
| ||
(230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||
Sec. 13. Wagering tax; rate; distribution.
| ||
(a) Until January 1, 1998, a tax is imposed on the adjusted | ||
gross
receipts received from gambling games authorized under | ||
this Act at the rate of
20%.
| ||
(a-1) From January 1, 1998 until July 1, 2002, a privilege | ||
tax is
imposed on persons engaged in the business of conducting | ||
riverboat gambling
operations, based on the adjusted gross | ||
receipts received by a licensed owner
from gambling games | ||
authorized under this Act at the following rates:
| ||
15% of annual adjusted gross receipts up to and | ||
including $25,000,000;
| ||
20% of annual adjusted gross receipts in excess of | ||
$25,000,000 but not
exceeding $50,000,000;
| ||
25% of annual adjusted gross receipts in excess of | ||
$50,000,000 but not
exceeding $75,000,000;
| ||
30% of annual adjusted gross receipts in excess of | ||
$75,000,000 but not
exceeding $100,000,000;
| ||
35% of annual adjusted gross receipts in excess of | ||
$100,000,000.
| ||
(a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||
is imposed on
persons engaged in the business of conducting | ||
riverboat gambling operations,
other than licensed managers | ||
conducting riverboat gambling operations on behalf
of the | ||
State, based on the adjusted gross receipts received by a | ||
licensed
owner from gambling games authorized under this Act at | ||
the following rates:
| ||
15% of annual adjusted gross receipts up to and | ||
including $25,000,000;
| ||
22.5% of annual adjusted gross receipts in excess of | ||
$25,000,000 but not
exceeding $50,000,000;
| ||
27.5% of annual adjusted gross receipts in excess of | ||
$50,000,000 but not
exceeding $75,000,000;
| ||
32.5% of annual adjusted gross receipts in excess of | ||
$75,000,000 but not
exceeding $100,000,000;
| ||
37.5% of annual adjusted gross receipts in excess of | ||
$100,000,000 but not
exceeding $150,000,000;
| ||
45% of annual adjusted gross receipts in excess of | ||
$150,000,000 but not
exceeding $200,000,000;
| ||
50% of annual adjusted gross receipts in excess of | ||
$200,000,000.
| ||
(a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||
persons engaged
in the business of conducting riverboat | ||
gambling operations, other than
licensed managers conducting | ||
riverboat gambling operations on behalf of the
State, based on | ||
the adjusted gross receipts received by a licensed owner from
| ||
gambling games authorized under this Act at the following | ||
rates:
| ||
15% of annual adjusted gross receipts up to and | ||
including $25,000,000;
| ||
27.5% of annual adjusted gross receipts in excess of | ||
$25,000,000 but not
exceeding $37,500,000;
| ||
32.5% of annual adjusted gross receipts in excess of | ||
$37,500,000 but not
exceeding $50,000,000;
| ||
37.5% of annual adjusted gross receipts in excess of | ||
$50,000,000 but not
exceeding $75,000,000;
| ||
45% of annual adjusted gross receipts in excess of | ||
$75,000,000 but not
exceeding $100,000,000;
| ||
50% of annual adjusted gross receipts in excess of | ||
$100,000,000 but not
exceeding $250,000,000;
| ||
70% of annual adjusted gross receipts in excess of | ||
$250,000,000.
| ||
An amount equal to the amount of wagering taxes collected | ||
under this
subsection (a-3) that are in addition to the amount | ||
of wagering taxes that
would have been collected if the | ||
wagering tax rates under subsection (a-2)
were in effect shall | ||
be paid into the Common School Fund.
| ||
The privilege tax imposed under this subsection (a-3) shall | ||
no longer be
imposed beginning on the earlier of (i) July 1, | ||
2005; (ii) the first date
after June 20, 2003 that riverboat | ||
gambling operations are conducted
pursuant to a dormant | ||
license; or (iii) the first day that riverboat gambling
| ||
operations are conducted under the authority of an owners | ||
license that is in
addition to the 10 owners licenses initially | ||
authorized under this Act.
For the purposes of this subsection | ||
(a-3), the term "dormant license"
means an owners license that | ||
is authorized by this Act under which no
riverboat gambling | ||
operations are being conducted on June 20, 2003.
| ||
(a-4) Beginning on the first day on which the tax imposed | ||
under
subsection (a-3) is no longer imposed, a privilege tax is | ||
imposed on persons
engaged in the business of conducting | ||
riverboat gambling operations, other
than licensed managers | ||
conducting riverboat gambling operations on behalf of
the | ||
State, based on the adjusted gross receipts received by a | ||
licensed owner
from gambling games authorized under this Act at | ||
the following rates:
| ||
15% of annual adjusted gross receipts up to and | ||
including $25,000,000;
| ||
22.5% of annual adjusted gross receipts in excess of | ||
$25,000,000 but not
exceeding $50,000,000;
| ||
27.5% of annual adjusted gross receipts in excess of | ||
$50,000,000 but not
exceeding $75,000,000;
| ||
32.5% of annual adjusted gross receipts in excess of | ||
$75,000,000 but not
exceeding $100,000,000;
| ||
37.5% of annual adjusted gross receipts in excess of | ||
$100,000,000 but not
exceeding $150,000,000;
| ||
45% of annual adjusted gross receipts in excess of | ||
$150,000,000 but not
exceeding $200,000,000;
| ||
50% of annual adjusted gross receipts in excess of | ||
$200,000,000.
| ||
(a-8) Riverboat gambling operations conducted by a | ||
licensed manager on
behalf of the State are not subject to the | ||
tax imposed under this Section.
| ||
(a-10) The taxes imposed by this Section shall be paid by | ||
the licensed
owner to the Board not later than 3:00 o'clock | ||
p.m. of the day after the day
when the wagers were made.
| ||
(a-15) If the privilege tax imposed under subsection (a-3) | ||
is no longer imposed pursuant to item (i) of the last paragraph | ||
of subsection (a-3), then by June 15 of each year, each owners | ||
licensee, other than an owners licensee that admitted 1,000,000 | ||
persons or
fewer in calendar year 2004, must, in addition to | ||
the payment of all amounts otherwise due under this Section, | ||
pay to the Board a reconciliation payment in the amount, if | ||
any, by which the licensed owner's base amount for the licensed | ||
owner exceeds the amount of net privilege tax paid under this | ||
Section by the licensed owner to the Board in the then current | ||
State fiscal year. A licensed owner's net privilege tax | ||
obligation due for the balance of the State fiscal year shall | ||
be reduced up to the total of the amount paid by the licensed | ||
owner in its June 15 reconciliation payment. The obligation | ||
imposed by this subsection (a-15) is binding on any person, | ||
firm, corporation, or other entity that acquires an ownership | ||
interest in any such owners license. The obligation imposed | ||
under this subsection (a-15) terminates on the earliest of: (i) | ||
July 1, 2007, (ii) the first day after the effective date of | ||
this amendatory Act of the 94th General Assembly that riverboat | ||
gambling operations are conducted pursuant to a dormant | ||
license, (iii) the first day that riverboat gambling operations | ||
are conducted under the authority of an owners license that is | ||
in addition to the 10 owners licenses initially authorized | ||
under this Act, or (iv) the first day that a licensee under the | ||
Illinois Horse Racing Act of 1975 conducts gaming operations | ||
with slot machines or other electronic gaming devices. The | ||
Board must reduce the obligation imposed under this subsection | ||
(a-15) by an amount the Board deems reasonable for any of the | ||
following reasons: (A) an act or acts of God, (B) an act of | ||
bioterrorism or terrorism or a bioterrorism or terrorism threat | ||
that was investigated by a law enforcement agency, or (C) a | ||
condition beyond the control of the owners licensee that does | ||
not result from any act or omission by the owners licensee or | ||
any of its agents and that poses a hazardous threat to the | ||
health and safety of patrons. If an owners licensee pays an | ||
amount in excess of its liability under this Section, the Board | ||
shall apply the overpayment to future payments required under | ||
this Section. | ||
For purposes of this subsection (a-15): | ||
"Act of God" means an incident caused by the operation of | ||
an extraordinary force that cannot be foreseen, that cannot be | ||
avoided by the exercise of due care, and for which no person | ||
can be held liable.
| ||
"Base amount" means the following: | ||
For a riverboat in Alton, $31,000,000.
| ||
For a riverboat in East Peoria, $43,000,000.
| ||
For the Empress riverboat in Joliet, $86,000,000.
| ||
For a riverboat in Metropolis, $45,000,000.
| ||
For the Harrah's riverboat in Joliet, $114,000,000.
| ||
For a riverboat in Aurora, $86,000,000.
| ||
For a riverboat in East St. Louis, $48,500,000.
| ||
For a riverboat in Elgin, $198,000,000.
| ||
"Dormant license" has the meaning ascribed to it in | ||
subsection (a-3).
| ||
"Net privilege tax" means all privilege taxes paid by a | ||
licensed owner to the Board under this Section, less all | ||
payments made from the State Gaming Fund pursuant to subsection | ||
(b) of this Section. | ||
The changes made to this subsection (a-15) by this | ||
amendatory Act of the 94th General Assembly are intended to | ||
restate and clarify the intent of Public Act 94-673 with | ||
respect to the amount of the payments required to be made under | ||
this subsection by an owners licensee to the Board.
| ||
(b) Until January 1, 1998, 25% of the tax revenue deposited | ||
in the State
Gaming Fund under this Section shall be paid, | ||
subject to appropriation by the
General Assembly, to the unit | ||
of local government which is designated as the
home dock of the | ||
riverboat. Beginning January 1, 1998, from the tax revenue
| ||
deposited in the State Gaming Fund under this Section, an | ||
amount equal to 5% of
adjusted gross receipts generated by a | ||
riverboat shall be paid monthly, subject
to appropriation by | ||
the General Assembly, to the unit of local government that
is | ||
designated as the home dock of the riverboat. From the tax | ||
revenue
deposited in the State Gaming Fund pursuant to | ||
riverboat gambling operations
conducted by a licensed manager | ||
on behalf of the State, an amount equal to 5%
of adjusted gross | ||
receipts generated pursuant to those riverboat gambling
| ||
operations shall be paid monthly,
subject to appropriation by | ||
the General Assembly, to the unit of local
government that is | ||
designated as the home dock of the riverboat upon which
those | ||
riverboat gambling operations are conducted.
| ||
(c) Appropriations, as approved by the General Assembly, | ||
may be made
from the State Gaming Fund to the Department of | ||
Revenue and the Department
of State Police for the | ||
administration and enforcement of this Act, or to the
| ||
Department of Human Services for the administration of programs | ||
to treat
problem gambling.
| ||
(c-5) After the payments required under subsections (b) and | ||
(c) have been
made, an amount equal to 15% of the adjusted | ||
gross receipts of (1) an owners
licensee that relocates | ||
pursuant to Section 11.2,
(2) an owners licensee
conducting | ||
riverboat gambling operations
pursuant to an
owners license | ||
that is initially issued after June
25, 1999,
or (3) the first
| ||
riverboat gambling operations conducted by a licensed manager | ||
on behalf of the
State under Section 7.3,
whichever comes | ||
first, shall be paid from the State
Gaming Fund into the Horse | ||
Racing Equity Fund.
| ||
(c-10) Each year the General Assembly shall appropriate | ||
from the General
Revenue Fund to the Education Assistance Fund | ||
an amount equal to the amount
paid into the Horse Racing Equity | ||
Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||
(c-15) After the payments required under subsections (b), | ||
(c), and (c-5)
have been made, an amount equal to 2% of the | ||
adjusted gross receipts of (1)
an owners licensee that | ||
relocates pursuant to Section 11.2, (2) an owners
licensee | ||
conducting riverboat gambling operations pursuant to
an
owners | ||
license that is initially issued after June 25, 1999,
or (3) | ||
the first
riverboat gambling operations conducted by a licensed | ||
manager on behalf of the
State under Section 7.3,
whichever | ||
comes first, shall be paid, subject to appropriation
from the | ||
General Assembly, from the State Gaming Fund to each home rule
| ||
county with a population of over 3,000,000 inhabitants for the | ||
purpose of
enhancing the county's criminal justice system.
| ||
(c-20) Each year the General Assembly shall appropriate | ||
from the General
Revenue Fund to the Education Assistance Fund | ||
an amount equal to the amount
paid to each home rule county | ||
with a population of over 3,000,000 inhabitants
pursuant to | ||
subsection (c-15) in the prior calendar year.
| ||
(c-25) After the payments required under subsections (b), | ||
(c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||
the
adjusted gross receipts of (1) an owners licensee
that
| ||
relocates pursuant to Section 11.2, (2) an
owners
licensee | ||
conducting riverboat gambling operations pursuant to
an
owners | ||
license
that is initially issued after June 25, 1999,
or (3) | ||
the first
riverboat gambling operations conducted by a licensed | ||
manager on behalf of the
State under Section 7.3,
whichever
| ||
comes first,
shall be paid from the State
Gaming Fund to | ||
Chicago State University.
| ||
(d) From time to time, the
Board shall transfer the | ||
remainder of the funds
generated by this Act into the Education
| ||
Assistance Fund, created by Public Act 86-0018, of the State of | ||
Illinois.
| ||
(e) Nothing in this Act shall prohibit the unit of local | ||
government
designated as the home dock of the riverboat from | ||
entering into agreements
with other units of local government | ||
in this State or in other states to
share its portion of the | ||
tax revenue.
| ||
(f) To the extent practicable, the Board shall administer | ||
and collect the
wagering taxes imposed by this Section in a | ||
manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||
5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||
Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||
Penalty and Interest Act.
| ||
(Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, | ||
eff. 8-23-05.)
| ||
Section 5-77. The Illinois Public Aid Code is amended by | ||
changing Section 5A-8 as follows: | ||
(305 ILCS 5/5A-8) (from Ch. 23, par. 5A-8)
| ||
Sec. 5A-8. Hospital Provider Fund.
| ||
(a) There is created in the State Treasury the Hospital | ||
Provider Fund.
Interest earned by the Fund shall be credited to | ||
the Fund. The
Fund shall not be used to replace any moneys | ||
appropriated to the
Medicaid program by the General Assembly.
| ||
(b) The Fund is created for the purpose of receiving moneys
| ||
in accordance with Section 5A-6 and disbursing moneys only for | ||
the following
purposes, notwithstanding any other provision of | ||
law:
| ||
(1) For making payments to hospitals as required under | ||
Articles V, VI,
and XIV of this Code and
under the | ||
Children's Health Insurance Program Act.
| ||
(2) For the reimbursement of moneys collected by the
| ||
Illinois Department from hospitals or hospital providers | ||
through error or
mistake in performing the
activities | ||
authorized under this Article and Article V of this Code.
| ||
(3) For payment of administrative expenses incurred by | ||
the
Illinois Department or its agent in performing the | ||
activities
authorized by this Article.
| ||
(4) For payments of any amounts which are reimbursable | ||
to
the federal government for payments from this Fund which | ||
are
required to be paid by State warrant.
| ||
(5) For making transfers, as those transfers are | ||
authorized
in the proceedings authorizing debt under the | ||
Short Term Borrowing Act,
but transfers made under this | ||
paragraph (5) shall not exceed the
principal amount of debt | ||
issued in anticipation of the receipt by
the State of | ||
moneys to be deposited into the Fund.
| ||
(6) For making transfers to any other fund in the State | ||
treasury, but
transfers made under this paragraph (6) shall | ||
not exceed the amount transferred
previously from that | ||
other fund into the Hospital Provider Fund.
| ||
(7) For State fiscal years 2004 and 2005 for making | ||
transfers to the Health and Human Services
Medicaid Trust | ||
Fund, including 20% of the moneys received from
hospital | ||
providers under Section 5A-4 and transferred into the | ||
Hospital
Provider
Fund under Section 5A-6. For State fiscal | ||
year
years 2006, 2007 and 2008 for making transfers to the | ||
Health and Human Services Medicaid Trust Fund of up to | ||
$130,000,000 per year of the moneys received from hospital | ||
providers under Section 5A-4 and transferred into the | ||
Hospital Provider Fund under Section 5A-6. Transfers under | ||
this paragraph shall be made within 7
days after the | ||
payments have been received pursuant to the schedule of | ||
payments
provided in subsection (a) of Section 5A-4.
| ||
(7.5) For State fiscal years 2007 and 2008 for making
| ||
transfers of the moneys received from hospital providers | ||
under Section 5A-4 and transferred into the Hospital | ||
Provider Fund under Section 5A-6 to the designated funds | ||
not exceeding the following amounts in any State fiscal | ||
year: | ||
Health and Human Services | ||
Medicaid Trust Fund......... $20,000,000 | ||
Long-Term Care Provider Fund........ $30,000,000 | ||
General Revenue Fund....... $80,000,000. | ||
Transfers under this paragraph shall be made within 7 | ||
days after the payments have been received pursuant to the | ||
schedule of payments provided in subsection (a) of Section | ||
5A-4.
| ||
(8) For making refunds to hospital providers pursuant | ||
to Section 5A-10.
| ||
Disbursements from the Fund, other than transfers | ||
authorized under
paragraphs (5) and (6) of this subsection, | ||
shall be by
warrants drawn by the State Comptroller upon | ||
receipt of vouchers
duly executed and certified by the Illinois | ||
Department.
| ||
(c) The Fund shall consist of the following:
| ||
(1) All moneys collected or received by the Illinois
| ||
Department from the hospital provider assessment imposed | ||
by this
Article.
| ||
(2) All federal matching funds received by the Illinois
| ||
Department as a result of expenditures made by the Illinois
| ||
Department that are attributable to moneys deposited in the | ||
Fund.
| ||
(3) Any interest or penalty levied in conjunction with | ||
the
administration of this Article.
| ||
(4) Moneys transferred from another fund in the State | ||
treasury.
| ||
(5) All other moneys received for the Fund from any | ||
other
source, including interest earned thereon.
| ||
(d) (Blank).
| ||
(Source: P.A. 93-659, eff. 2-3-04; 94-242, eff. 7-18-05.)
| ||
Section 5-78. The Illinois Affordable Housing Act is | ||
amended by changing Section 8 as follows:
| ||
(310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)
| ||
Sec. 8. Uses of Trust Fund.
| ||
(a) Subject to annual appropriation to
the Funding Agent | ||
and subject to the prior dedication, allocation, transfer
and | ||
use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and | ||
9 of this
Act, the Trust Fund may be used to make grants,
| ||
mortgages, or
other loans to acquire, construct, rehabilitate, | ||
develop, operate, insure,
and retain affordable single-family | ||
and multi-family housing in this State
for low-income
and very | ||
low-income households. The majority of monies appropriated to | ||
the
Trust Fund in any given year are to be used for affordable | ||
housing for very
low-income households. For the fiscal year | ||
beginning July 1, 2006 only, the Department of Human Services | ||
is authorized to receive appropriations and spend moneys from | ||
the Illinois Affordable Housing Trust Fund for the purpose of | ||
developing and coordinating public and private resources | ||
targeted to meet the affordable housing needs of low-income, | ||
very low-income, and special needs households in the State of | ||
Illinois.
| ||
(b) For each fiscal year commencing with fiscal year 1994, | ||
the Program
Administrator shall certify from time to time to | ||
the Funding Agent, the
Comptroller and the State
Treasurer | ||
amounts, up to an aggregate in any fiscal year of $10,000,000, | ||
of
Trust Fund Moneys expected to be used or pledged by the | ||
Program Administrator
during the fiscal year for the purposes | ||
and uses specified in Sections 8(c) and
9 of this Act. Subject | ||
to annual appropriation, upon receipt of such
certification, | ||
the Funding Agent and the
Comptroller shall dedicate and the | ||
State Treasurer shall transfer not less
often than monthly to | ||
the Program Administrator or its designated payee,
without | ||
requisition or further
request therefor, all amounts | ||
accumulated in the Trust Fund within the State
Treasury and not | ||
already transferred to the Loan Commitment Account prior to
the | ||
Funding Agent's receipt of such certification, until the | ||
Program
Administrator has received the aggregate amount | ||
certified by the Program
Administrator, to be used solely for | ||
the purposes and uses authorized and
provided in Sections 8(c) | ||
and 9 of this Act. Neither the Comptroller nor the
Treasurer | ||
shall transfer, dedicate or allocate any of the Trust Fund | ||
Moneys
transferred or certified for transfer by the Program | ||
Administrator as provided
above to any other fund, nor shall | ||
the Governor authorize any such transfer,
dedication or | ||
allocation, nor shall any of the Trust Fund Moneys so | ||
dedicated,
allocated or transferred be used, temporarily or | ||
otherwise, for interfund
borrowing, or be otherwise used or | ||
appropriated, except as expressly authorized
and provided in | ||
Sections 8(c) and 9 of this Act for the purposes and subject to
| ||
the priorities, limitations and conditions provided for | ||
therein until such
obligations, uses and dedications as therein | ||
provided, have been satisfied.
| ||
(c) Notwithstanding Section 5(b) of this Act, any Trust | ||
Fund Moneys
transferred to the Program Administrator pursuant | ||
to Section 8(b) of this Act,
or otherwise obtained, paid to or | ||
held by or for the Program Administrator, or
pledged pursuant | ||
to resolution of the Program Administrator, for Affordable
| ||
Housing Program Trust Fund Bonds or Notes under the Illinois | ||
Housing
Development Act, and all proceeds, payments and | ||
receipts from investments or
use of such moneys, including any | ||
residual or additional funds or moneys
generated or obtained in | ||
connection with any of the foregoing, may be held,
pledged, | ||
applied or dedicated by the Program Administrator as follows:
| ||
(1) as required by the terms of any pledge of or | ||
resolution of the Program
Administrator authorized under | ||
Section 9 of this Act in connection with
Affordable Housing | ||
Program Trust Fund Bonds or Notes issued pursuant to the
| ||
Illinois Housing Development Act;
| ||
(2) to or for costs of issuance and administration
and | ||
the payments of any principal, interest, premium or other | ||
amounts or
expenses incurred or accrued in connection with | ||
Affordable Housing Program
Trust Fund Bonds or Notes, | ||
including rate protection contracts and credit
support | ||
arrangements pertaining thereto, and, provided such | ||
expenses, fees and
charges are obligations, whether | ||
recourse or nonrecourse, and whether financed
with or paid | ||
from the proceeds of Affordable Housing Program Trust Fund | ||
Bonds
or Notes, of the developers, mortgagors or other | ||
users, the Program
Administrator's expenses and servicing, | ||
administration and origination fees and
charges in | ||
connection with any loans, mortgages, or developments | ||
funded or
financed or expected to be funded or financed, in | ||
whole or in part, from the
issuance of Affordable Housing | ||
Program Trust Fund Bonds or Notes;
| ||
(3) to or for costs of issuance and administration and | ||
the payments of
principal, interest, premium, loan fees, | ||
and other amounts or other obligations
of the Program | ||
Administrator, including rate protection contracts and | ||
credit
support arrangements pertaining thereto, for loans, | ||
commercial paper or other
notes or bonds issued by the | ||
Program Administrator pursuant to the Illinois
Housing | ||
Development Act, provided that the proceeds of such loans, | ||
commercial
paper or other notes or bonds are paid or | ||
expended in connection with, or
refund or repay, loans, | ||
commercial paper or other notes or bonds issued or made
in | ||
connection with bridge loans or loans for the construction, | ||
renovation,
redevelopment, restructuring, reorganization | ||
of Affordable Housing and related
expenses, including | ||
development costs, technical assistance, or other amounts
| ||
to construct, preserve, improve, renovate, rehabilitate, | ||
refinance, or assist
Affordable Housing, including | ||
financially troubled Affordable Housing,
permanent or | ||
other financing for which has been funded or financed or is
| ||
expected to be funded or financed in whole or in part by | ||
the Program
Administrator through the issuance of or use of | ||
proceeds from Affordable
Housing Program Trust Fund Bonds | ||
or Notes;
| ||
(4) to or for direct expenditures or reimbursement for | ||
development costs,
technical assistance, or other amounts | ||
to construct, preserve, improve,
renovate, rehabilitate, | ||
refinance, or assist Affordable Housing, including
| ||
financially troubled Affordable Housing, permanent or | ||
other financing for which
has been funded or financed or is | ||
expected to be funded or financed in whole or
in part by | ||
the Program Administrator through the issuance of or use of | ||
proceeds
from Affordable Housing Program Trust Fund Bonds | ||
or Notes; and
| ||
(5) for deposit into any residual, sinking, reserve or | ||
revolving fund or
pool established by the Program | ||
Administrator, whether or not pledged to secure
Affordable | ||
Housing Program Trust Fund Bonds or Notes, to support or be
| ||
utilized for the
issuance, redemption, or payment of the | ||
principal, interest, premium or other
amounts payable on or | ||
with respect to any existing, additional or future
| ||
Affordable Housing Program Trust Fund Bonds or Notes, or to | ||
or for any other
expenditure authorized by this Section | ||
8(c).
| ||
(d) All or a portion of the Trust Fund Moneys on
deposit or | ||
to be
deposited in
the Trust Fund not already certified for | ||
transfer or transferred to the
Program Administrator pursuant | ||
to Section 8(b) of this Act may be used to
secure the repayment | ||
of Affordable Housing Program Trust Fund Bonds or
Notes, or | ||
otherwise to supplement or support Affordable Housing funded or
| ||
financed
or
intended to be funded or financed, in whole or in | ||
part, by Affordable Housing
Program Trust Fund Bonds or Notes.
| ||
(e) Assisted housing may include housing for special needs
| ||
populations
such as the homeless, single-parent families, the | ||
elderly, or the
physically and mentally disabled. The Trust | ||
Fund shall be used to
implement a demonstration congregate | ||
housing project for any such special
needs population.
| ||
(f) Grants from the Trust Fund may include, but are not | ||
limited
to,
rental assistance and security deposit subsidies | ||
for low and very low-income
households.
| ||
(g) The Trust Fund may be used to pay actual and reasonable
| ||
costs for
Commission members to attend Commission meetings, and | ||
any litigation costs
and expenses, including legal fees, | ||
incurred by the Program Administrator
in any litigation related | ||
to this Act or its action as Program
Administrator.
| ||
(h) The Trust Fund may be used to make grants for (1) the
| ||
provision of
technical assistance, (2) outreach, and (3) | ||
building an organization's
capacity to develop affordable | ||
housing projects.
| ||
(i) Amounts on deposit in the Trust Fund may be used to | ||
reimburse the
Program
Administrator and the Funding Agent for | ||
costs incurred in the performance of
their duties under this | ||
Act, excluding costs and fees of the Program
Administrator | ||
associated with the Program Escrow to the extent withheld
| ||
pursuant to paragraph (8) of subsection (b) of Section 5.
| ||
(Source: P.A. 88-93; 89-286, eff. 8-10-95.)
| ||
Section 5-80. The Illinois Vehicle Code is amended by | ||
changing Sections 18c-1603 and 18c-1604 as follows:
| ||
(625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
| ||
Sec. 18c-1603. Expenditures from the Transportation | ||
Regulatory Fund. (1) Authorization of Expenditures from the | ||
Fund. Monies deposited in the
Transportation Regulatory Fund | ||
shall be expended only for the
administration and enforcement | ||
of this Chapter and Chapter 18a.
| ||
(2) Allocation of Expenses to the Fund. (a) Expenses | ||
Allocated Entirely
to the Transportation Regulatory Fund. All | ||
expenses of the Transportation
Division shall be allocated to | ||
the Transportation Regulatory Fund, provided
that they were:
| ||
(i) Incurred by and for staff employed within the | ||
Transportation
Division and accountable, directly or through a | ||
program director or staff
supervisor, to the Transportation | ||
Division manager;
| ||
(ii) Incurred exclusively in the administration and | ||
enforcement of
this Chapter and Chapter 18a; and
| ||
(iii) Authorized by the Transportation Division manager.
| ||
(b) Expenses Partially Allocated to the Transportation | ||
Regulatory Fund.
A portion of expenses for the following | ||
persons and activities may be
allocated to the Transportation | ||
Regulatory Fund:
| ||
(i) The Executive Director, his deputies and personal | ||
assistants, and
their clerical support;
| ||
(ii) The legislative liaison activities of the Office of | ||
Legislative
Affairs, its constituent elements and successors;
| ||
(iii) The activities of the Bureau of Planning and | ||
Operations on the effective date of this amendatory Act of the | ||
94th General Assembly
Administrative Services Division on the
| ||
effective date of this amendatory Act of 1987, exclusive of the | ||
Chief Clerk's office;
| ||
(iv) The payroll expenses of Commissioners' assistants;
| ||
(v) The internal auditor; and
| ||
(vi) The in-state travel expenses of the Commissioners to | ||
and from
the offices of the Commission; and .
| ||
(vii) The Public Affairs Group, its constituent elements, | ||
and its successors.
| ||
(c) Allocation Methodology for Expenses Other Than | ||
Administrative
Services Division and Commissioners' | ||
Assistants. The portion of total
expenses (other than
| ||
Administrative Services Division and commissioners' | ||
assistants' expenses)
allocated to the Transportation | ||
Regulatory Fund under paragraph (b) of this
subsection shall be | ||
the lessor of: (i) The portion of staff time spent exclusively | ||
on administration and
enforcement of this Chapter and Chapter | ||
18a, as shown
by a time study updated at least once each 6 | ||
months; and (ii) The percentage of total authorized Commission | ||
staff for the fiscal
year which is employed in Transportation | ||
Division (based on the average for
the fiscal year).
| ||
(d) (Blank).
Allocation Methodology for Expenses of | ||
Administration Services
Division. The portion of expenses for | ||
Administrative Services Division
allocated to the | ||
Transportation Regulatory Fund under paragraph (b) of this
| ||
subsection shall not exceed:
| ||
(i) The portion allocable under paragraph (c) of this | ||
subsection, for
staff payroll expenses; and
| ||
(ii) The portion used exclusively in the administration and | ||
enforcement
of this Chapter and Chapter 18a, for other than | ||
staff
payroll expenses.
| ||
(e) Allocation methodology for Commissioners' Assistants | ||
Expenses. Five
percent of the payroll expenses of | ||
commissioners'
assistants may be allocated to the | ||
Transportation Regulatory Fund.
| ||
(f) Expenses not allocable to the Transportation | ||
Regulatory Fund. No
expenses shall be allocated to or paid from | ||
the Transportation Regulatory
Fund except as expressly | ||
authorized in paragraphs (a) through (e) of this
subsection. In | ||
particular, no expenses shall be allocated to the Fund
which | ||
were incurred by or in relation to the following persons and | ||
activities:
| ||
(i) Commissioners' travel, except as otherwise provided in | ||
paragraphs (b)
and (c) of this subsection;
| ||
(ii) Commissioners' assistants except as otherwise | ||
provided in
paragraphs (b) and (e) of this subsection;
| ||
(iii) The Policy Analysis and Research Division, its | ||
constituent
elements and successors;
| ||
(iv) The Chief Clerk's office, its constituent elements and | ||
successors;
| ||
(v) The Hearing Examiners Division, its constituent | ||
elements and
successors, and any hearing examiners or hearings
| ||
conducted, in whole or in part, outside the Transportation | ||
Division;
| ||
(vi) (Blank);
The Public Affairs Group, its constituent | ||
elements and successors;
| ||
(vii) The Office of General Counsel, its constituent | ||
elements and
successors, including but not limited to the | ||
Office of Public Utility
Counsel and any legal staff in the | ||
office of the executive director, but
not including the | ||
personal assistant serving as staff counsel to the executive
| ||
director as provided in Section 18c-1204(2) and the Office
of | ||
Transportation Counsel; and
| ||
(viii) Any other expenses or portion thereof not expressly | ||
authorized in
this subsection to
be allocated to the Fund.
| ||
The constituent elements of the foregoing shall, for | ||
purposes of this
Section be their constituent elements on the | ||
effective date of this
amendatory Act of 1987.
| ||
(3) (Blank).
Allocation of Expenses Within the Fund. (a) | ||
Monies deposited in the
Transportation Regulatory Fund shall be | ||
expended only in the regulation of
that class of persons as | ||
defined in subsection (2) of Section 18c-1601 of
this Chapter | ||
from or in relation to which the monies were received.
| ||
(b) Expenses incurred exclusively in relation to one class | ||
shall be
allocated to that class and no other.
| ||
(c) A portion of each expense incurred in relation to more | ||
than one
class may be allocated to each of the involved classes | ||
based on time study
or actual use, provided that the portion | ||
allocated to any class shall not
exceed the maximum specified | ||
in paragraph (d) of this subsection.
| ||
(d) Total expenses allocated to any one class under | ||
paragraph (c) of
this subsection shall not exceed the amount | ||
which bears the same percentage
relationship to expenses | ||
allocated to that class under paragraph (b) of
this subsection | ||
((c) divided by (b)) as total expenses allocated to all
classes | ||
under paragraph (b) bear to total expenses allocated to all
| ||
classes under paragraph (c) ((c) divided by (b)).
| ||
(4) (Blank).
Effective Date of Section. The Commission | ||
shall have 180 calendar
days from the effective date of this | ||
amendatory Act of 1987 to comply fully
with this Section.
| ||
(Source: P.A. 86-1005.)
| ||
(625 ILCS 5/18c-1604) (from Ch. 95 1/2, par. 18c-1604)
| ||
Sec. 18c-1604. Annual Report of Expenditures. The | ||
Commission shall,
within 60 calendar days after the end of the | ||
lapse period for each fiscal year, submit to the
Governor and | ||
the General Assembly a report of the following for such fiscal
| ||
year:
| ||
(1) All monies deposited in the Transportation Regulatory | ||
Fund, showing
the total and subtotals by class as defined in | ||
subsection (2) of
Section 18c-1601 of this Chapter;
| ||
(2) All expenditures from the Transportation Regulatory | ||
Fund, showing
the total and the sub-totals by class as defined | ||
in subsection (2) of
Section 18c-1601 of this Chapter;
| ||
(3) A listing and description by function of all staff | ||
positions
actually funded, in whole or in part, at any time | ||
during the fiscal year,
from the Transportation Regulatory | ||
Fund; and
| ||
(4) The methods used to allocate expenses between the | ||
Transportation
Regulatory Fund and other funds, and between | ||
classes within the
Transportation Regulatory Fund.
| ||
(Source: P.A. 85-553.)
| ||
Section 5-85. The Pretrial Services Act is amended by | ||
changing Section 33 as follows:
| ||
(725 ILCS 185/33) (from Ch. 38, par. 333)
| ||
Sec. 33. The Supreme Court shall pay from funds | ||
appropriated to it for this purpose
100% of all approved costs | ||
for pretrial services, including pretrial
services officers, | ||
necessary support personnel, travel costs reasonably
related | ||
to the delivery of pretrial services, space costs, equipment,
| ||
telecommunications, postage, commodities, printing and | ||
contractual
services. Costs shall be reimbursed monthly, based | ||
on a plan and budget
approved by the Supreme Court. No
| ||
department may be reimbursed for costs which exceed or are not | ||
provided for
in the approved plan and budget.
For State fiscal | ||
years 2004, 2005, and 2006, and 2007 only, the Mandatory | ||
Arbitration Fund may be used
to
reimburse approved costs for | ||
pretrial services.
| ||
(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, | ||
eff. 7-1-05.)
| ||
Section 5-90. The Unified Code of Corrections is amended by | ||
changing Sections 3-14-6 and 5-9-1.8 as follows:
| ||
(730 ILCS 5/3-14-6)
| ||
Sec. 3-14-6. Transitional jobs; pilot program. Subject to | ||
appropriations
or other funding, the Department may
establish
a
| ||
pilot program at various
in 2 locations in the State to place | ||
persons discharged from a
Department
facility on parole or | ||
mandatory supervised release in jobs or otherwise
establish a
| ||
connection between such persons and the workforce. One such | ||
location must be at Waukegan, in Lake County. By rule, the | ||
Department
shall
determine the locations in which the pilot | ||
program is to be implemented
and the services to be provided.
| ||
In determining locations for the pilot program, however, the | ||
Department shall
give priority to areas of the State in which | ||
the concentration of released
offenders is the highest.
The
| ||
Department may consult with the Department of Human Services in | ||
establishing
the pilot
program.
| ||
(Source: P.A. 93-208, eff. 7-18-03.)
| ||
(730 ILCS 5/5-9-1.8)
| ||
Sec. 5-9-1.8. Child pornography fines. Beginning July 1, | ||
2006, 100%
One hundred percent of the fines in
excess of | ||
$10,000 collected for violations of Section 11-20.1 of the | ||
Criminal
Code of 1961 shall be deposited into the Child Abuse | ||
Prevention Fund
Child Sexual Abuse Fund that is
created in the | ||
State Treasury. Moneys in the Fund resulting from the fines
| ||
shall be for the use of the
Department of Children and Family | ||
Services for grants to private entities
giving treatment and | ||
counseling to victims of child sexual abuse. | ||
Notwithstanding any other provision of law, in addition to | ||
any other transfers that may be provided by law, on July 1, | ||
2006, or as soon thereafter as practical, the State Comptroller | ||
shall direct and the State Treasurer shall transfer the | ||
remaining balance from the Child Sexual Abuse Fund into the | ||
Child Abuse Prevention Fund. Upon completion of the transfer, | ||
the Child Sexual Abuse Fund is dissolved, and any future | ||
deposits due to that Fund and any outstanding obligations or | ||
liabilities of the Fund pass to the Child Abuse Prevention | ||
Fund.
| ||
(Source: P.A. 87-1070; 88-45.)
| ||
Section 5-95. The Probation and Probation Officers Act is | ||
amended by changing Sections 15 and 15.1 as follows:
| ||
(730 ILCS 110/15) (from Ch. 38, par. 204-7)
| ||
(Text of Section before amendment by P.A. 94-696)
| ||
Sec. 15. (1) The Supreme Court of Illinois may establish a | ||
Division of
Probation Services whose purpose shall be the | ||
development, establishment,
promulgation, and enforcement of | ||
uniform standards for probation services in
this State, and to | ||
otherwise carry out the intent of this Act. The Division
may:
| ||
(a) establish qualifications for chief probation | ||
officers and other
probation and court services personnel | ||
as to hiring, promotion, and training.
| ||
(b) make available, on a timely basis, lists of those | ||
applicants whose
qualifications meet the regulations | ||
referred to herein, including on said
lists all candidates | ||
found qualified.
| ||
(c) establish a means of verifying the conditions for | ||
reimbursement
under this Act and develop criteria for | ||
approved costs for reimbursement.
| ||
(d) develop standards and approve employee | ||
compensation schedules for
probation and court services | ||
departments.
| ||
(e) employ sufficient personnel in the Division to | ||
carry out the
functions of the Division.
| ||
(f) establish a system of training and establish | ||
standards for personnel
orientation and training.
| ||
(g) develop standards for a system of record keeping | ||
for cases and
programs, gather statistics, establish a | ||
system of uniform forms, and
develop research for planning | ||
of Probation
Services.
| ||
(h) develop standards to assure adequate support | ||
personnel, office
space, equipment and supplies, travel | ||
expenses, and other essential items
necessary for | ||
Probation and Court Services
Departments to carry out their
| ||
duties.
| ||
(i) review and approve annual plans submitted by
| ||
Probation and Court
Services Departments.
| ||
(j) monitor and evaluate all programs operated by
| ||
Probation and Court
Services Departments, and may include | ||
in the program evaluation criteria
such factors as the | ||
percentage of Probation sentences for felons convicted
of | ||
Probationable offenses.
| ||
(k) seek the cooperation of local and State government | ||
and private
agencies to improve the quality of probation | ||
and
court services.
| ||
(l) where appropriate, establish programs and | ||
corresponding standards
designed to generally improve the | ||
quality of
probation and court services
and reduce the rate | ||
of adult or juvenile offenders committed to the
Department | ||
of Corrections.
| ||
(m) establish such other standards and regulations and | ||
do all acts
necessary to carry out the intent and purposes | ||
of this Act.
| ||
The Division shall establish a model list of structured | ||
intermediate
sanctions that may be imposed by a probation | ||
agency for violations of terms and
conditions of a sentence of | ||
probation, conditional discharge, or supervision.
| ||
The State of Illinois shall provide for the costs of | ||
personnel, travel,
equipment, telecommunications, postage, | ||
commodities, printing, space,
contractual services and other | ||
related costs necessary to carry out the
intent of this Act.
| ||
(2) (a) The chief judge of each circuit shall provide
| ||
full-time probation services for all counties
within the | ||
circuit, in a
manner consistent with the annual probation plan,
| ||
the standards, policies,
and regulations established by the | ||
Supreme Court. A
probation district of
two or more counties | ||
within a circuit may be created for the purposes of
providing | ||
full-time probation services. Every
county or group of
counties | ||
within a circuit shall maintain a
probation department which | ||
shall
be under the authority of the Chief Judge of the circuit | ||
or some other
judge designated by the Chief Judge. The Chief | ||
Judge, through the
Probation and Court Services Department | ||
shall
submit annual plans to the
Division for probation and | ||
related services.
| ||
(b) The Chief Judge of each circuit shall appoint the Chief
| ||
Probation
Officer and all other probation officers for his
or | ||
her circuit from lists
of qualified applicants supplied by the | ||
Supreme Court. Candidates for chief
managing officer and other | ||
probation officer
positions must apply with both
the Chief | ||
Judge of the circuit and the Supreme Court.
| ||
(3) A Probation and Court Service Department
shall apply to | ||
the
Supreme Court for funds for basic services, and may apply | ||
for funds for new
and expanded programs or Individualized | ||
Services and Programs. Costs shall
be reimbursed monthly based | ||
on a plan and budget approved by the Supreme
Court. No | ||
Department may be reimbursed for costs which exceed or are not
| ||
provided for in the approved annual plan and budget. After the | ||
effective
date of this amendatory Act of 1985, each county must | ||
provide basic
services in accordance with the annual plan and | ||
standards created by the
division. No department may receive | ||
funds for new or expanded programs or
individualized services | ||
and programs unless they are in compliance with
standards as | ||
enumerated in paragraph (h) of subsection (1) of this Section,
| ||
the annual plan, and standards for basic services.
| ||
(4) The Division shall reimburse the county or counties for
| ||
probation
services as follows:
| ||
(a) 100% of the salary of all chief managing officers | ||
designated as such
by the Chief Judge and the division.
| ||
(b) 100% of the salary for all probation
officer and | ||
supervisor
positions approved for reimbursement by the | ||
division after April 1, 1984,
to meet workload standards | ||
and to implement intensive sanction and
probation
| ||
supervision
programs and other basic services as defined in | ||
this Act.
| ||
(c) 100% of the salary for all secure detention | ||
personnel and non-secure
group home personnel approved for | ||
reimbursement after December 1, 1990.
For all such | ||
positions approved for reimbursement
before
December 1, | ||
1990, the counties shall be reimbursed $1,250 per month | ||
beginning
July 1, 1995, and an additional $250 per month | ||
beginning each July 1st
thereafter until the positions | ||
receive 100% salary reimbursement.
Allocation of such | ||
positions will be based on comparative need considering
| ||
capacity, staff/resident ratio, physical plant and | ||
program.
| ||
(d) $1,000 per month for salaries for the remaining
| ||
probation officer
positions engaged in basic services and | ||
new or expanded services. All such
positions shall be | ||
approved by the division in accordance with this Act and
| ||
division standards.
| ||
(e) 100% of the travel expenses in accordance with | ||
Division standards
for all Probation positions approved | ||
under
paragraph (b) of subsection 4
of this Section.
| ||
(f) If the amount of funds reimbursed to the county | ||
under paragraphs
(a) through (e) of subsection 4 of this | ||
Section on an annual basis is less
than the amount the | ||
county had received during the 12 month period
immediately | ||
prior to the effective date of this amendatory Act of 1985,
| ||
then the Division shall reimburse the amount of the | ||
difference to the
county. The effect of paragraph (b) of | ||
subsection 7 of this Section shall
be considered in | ||
implementing this supplemental reimbursement provision.
| ||
(5) The Division shall provide funds beginning on April 1, | ||
1987 for the
counties to provide Individualized Services and | ||
Programs as provided in
Section 16 of this Act.
| ||
(6) A Probation and Court Services Department
in order to | ||
be eligible
for the reimbursement must submit to the Supreme | ||
Court an application
containing such information and in such a | ||
form and by such dates as the
Supreme Court may require. | ||
Departments to be eligible for funding must
satisfy the | ||
following conditions:
| ||
(a) The Department shall have on file with the Supreme
| ||
Court an annual Probation plan for continuing,
improved, | ||
and
new Probation and Court Services Programs
approved by | ||
the Supreme Court or its
designee. This plan shall indicate | ||
the manner in which
Probation and Court
Services will be | ||
delivered and improved, consistent with the minimum
| ||
standards and regulations for Probation and Court
| ||
Services, as established
by the Supreme Court. In counties | ||
with more than one
Probation and Court
Services Department | ||
eligible to receive funds, all Departments within that
| ||
county must submit plans which are approved by the Supreme | ||
Court.
| ||
(b) The annual probation plan shall seek to
generally | ||
improve the
quality of probation services and to reduce the
| ||
commitment of adult and
juvenile offenders to the | ||
Department of Corrections and shall require, when
| ||
appropriate, coordination with the Department of | ||
Corrections and the
Department of Children and Family | ||
Services in the development and use of
community resources, | ||
information systems, case review and permanency
planning | ||
systems to avoid the duplication of services.
| ||
(c) The Department shall be in compliance with | ||
standards developed by the
Supreme Court for basic, new and | ||
expanded services, training, personnel
hiring and | ||
promotion.
| ||
(d) The Department shall in its annual plan indicate | ||
the manner in which
it will support the rights of crime | ||
victims and in which manner it will
implement Article I, | ||
Section 8.1 of the Illinois Constitution and in what
manner | ||
it will coordinate crime victims' support services with | ||
other criminal
justice agencies within its jurisdiction, | ||
including but not limited to, the
State's Attorney, the | ||
Sheriff and any municipal police department.
| ||
(7) No statement shall be verified by the Supreme Court or | ||
its
designee or vouchered by the Comptroller unless each of the | ||
following
conditions have been met:
| ||
(a) The probation officer is a full-time
employee | ||
appointed by the Chief
Judge to provide probation services.
| ||
(b) The probation officer, in order to be
eligible for | ||
State
reimbursement, is receiving a salary of at least | ||
$17,000 per year.
| ||
(c) The probation officer is appointed or
was | ||
reappointed in accordance
with minimum qualifications or | ||
criteria established by the Supreme
Court; however, all | ||
probation officers appointed
prior to January 1, 1978,
| ||
shall be exempted from the minimum requirements | ||
established by the Supreme
Court. Payments shall be made to | ||
counties employing these exempted
probation officers as | ||
long as they are employed
in the position held on the
| ||
effective date of this amendatory Act of 1985. Promotions | ||
shall be
governed by minimum qualifications established by | ||
the Supreme Court.
| ||
(d) The Department has an established compensation | ||
schedule approved by
the Supreme Court. The compensation | ||
schedule shall include salary ranges
with necessary | ||
increments to compensate each employee. The increments
| ||
shall, within the salary ranges, be based on such factors | ||
as bona fide
occupational qualifications, performance, and | ||
length of service. Each
position in the Department shall be | ||
placed on the compensation schedule
according to job duties | ||
and responsibilities of such position. The policy
and | ||
procedures of the compensation schedule shall be made | ||
available to each
employee.
| ||
(8) In order to obtain full reimbursement of all approved | ||
costs, each
Department must continue to employ at least the | ||
same number of
probation
officers and probation managers as | ||
were
authorized for employment for the
fiscal year which | ||
includes January 1, 1985. This number shall be designated
as | ||
the base amount of the Department. No positions approved by the | ||
Division
under paragraph (b) of subsection 4 will be included | ||
in the base amount.
In the event that the Department employs | ||
fewer
Probation officers and
Probation managers than the base | ||
amount for a
period of 90 days, funding
received by the | ||
Department under subsection 4 of this
Section may be reduced on | ||
a monthly basis by the amount of the current
salaries of any | ||
positions below the base amount.
| ||
(9) Before the 15th day of each month, the treasurer of any | ||
county which
has a Probation and Court Services Department, or
| ||
the treasurer of the most
populous county, in the case of a | ||
Probation or
Court Services Department
funded by more than one | ||
county, shall submit an itemized statement of all
approved | ||
costs incurred in the delivery of Basic
Probation and Court
| ||
Services under this Act to the Supreme Court.
The treasurer may | ||
also submit an itemized statement of all approved costs
| ||
incurred in the delivery of new and expanded
Probation and | ||
Court Services
as well as Individualized Services and Programs. | ||
The Supreme Court or
its designee shall verify compliance with | ||
this Section and shall examine
and audit the monthly statement | ||
and, upon finding them to be correct, shall
forward them to the | ||
Comptroller for payment to the county treasurer. In the
case of | ||
payment to a treasurer of a county which is the most populous | ||
of
counties sharing the salary and expenses of a
Probation and | ||
Court Services
Department, the treasurer shall divide the money | ||
between the counties in a
manner that reflects each county's | ||
share of the cost incurred by the
Department.
| ||
(10) The county treasurer must certify that funds received | ||
under this
Section shall be used solely to maintain and improve
| ||
Probation and Court
Services. The county or circuit shall | ||
remain in compliance with all
standards, policies and | ||
regulations established by the Supreme Court.
If at any time | ||
the Supreme Court determines that a county or circuit is not
in | ||
compliance, the Supreme Court shall immediately notify the | ||
Chief Judge,
county board chairman and the Director of Court | ||
Services Chief
Probation Officer. If after 90 days of written
| ||
notice the noncompliance
still exists, the Supreme Court shall | ||
be required to reduce the amount of
monthly reimbursement by | ||
10%. An additional 10% reduction of monthly
reimbursement shall | ||
occur for each consecutive month of noncompliance.
Except as | ||
provided in subsection 5 of Section 15, funding to counties | ||
shall
commence on April 1, 1986. Funds received under this Act | ||
shall be used to
provide for Probation Department expenses
| ||
including those required under
Section 13 of this Act. For | ||
State fiscal years 2004, 2005, and 2006, and 2007 only, the | ||
Mandatory
Arbitration Fund may be used to provide for Probation | ||
Department expenses,
including those required under Section 13 | ||
of this Act.
| ||
(11) The respective counties shall be responsible for | ||
capital and space
costs, fringe benefits, clerical costs, | ||
equipment, telecommunications,
postage, commodities and | ||
printing.
| ||
(12) For purposes of this Act only, probation officers | ||
shall be
considered
peace officers. In the
exercise of their | ||
official duties, probation
officers, sheriffs, and police
| ||
officers may, anywhere within the State, arrest any probationer | ||
who is in
violation of any of the conditions of his or her | ||
probation, conditional
discharge, or supervision, and it shall | ||
be the
duty of the officer making the arrest to take the | ||
probationer
before the
Court having jurisdiction over the | ||
probationer for further order.
| ||
(Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839, | ||
eff. 7-30-04; 94-91, eff. 7-1-05.)
| ||
(Text of Section after amendment by P.A. 94-696)
| ||
Sec. 15. (1) The Supreme Court of Illinois may establish a | ||
Division of
Probation Services whose purpose shall be the | ||
development, establishment,
promulgation, and enforcement of | ||
uniform standards for probation services in
this State, and to | ||
otherwise carry out the intent of this Act. The Division
may:
| ||
(a) establish qualifications for chief probation | ||
officers and other
probation and court services personnel | ||
as to hiring, promotion, and training.
| ||
(b) make available, on a timely basis, lists of those | ||
applicants whose
qualifications meet the regulations | ||
referred to herein, including on said
lists all candidates | ||
found qualified.
| ||
(c) establish a means of verifying the conditions for | ||
reimbursement
under this Act and develop criteria for | ||
approved costs for reimbursement.
| ||
(d) develop standards and approve employee | ||
compensation schedules for
probation and court services | ||
departments.
| ||
(e) employ sufficient personnel in the Division to | ||
carry out the
functions of the Division.
| ||
(f) establish a system of training and establish | ||
standards for personnel
orientation and training.
| ||
(g) develop standards for a system of record keeping | ||
for cases and
programs, gather statistics, establish a | ||
system of uniform forms, and
develop research for planning | ||
of Probation
Services.
| ||
(h) develop standards to assure adequate support | ||
personnel, office
space, equipment and supplies, travel | ||
expenses, and other essential items
necessary for | ||
Probation and Court Services
Departments to carry out their
| ||
duties.
| ||
(i) review and approve annual plans submitted by
| ||
Probation and Court
Services Departments.
| ||
(j) monitor and evaluate all programs operated by
| ||
Probation and Court
Services Departments, and may include | ||
in the program evaluation criteria
such factors as the | ||
percentage of Probation sentences for felons convicted
of | ||
Probationable offenses.
| ||
(k) seek the cooperation of local and State government | ||
and private
agencies to improve the quality of probation | ||
and
court services.
| ||
(l) where appropriate, establish programs and | ||
corresponding standards
designed to generally improve the | ||
quality of
probation and court services
and reduce the rate | ||
of adult or juvenile offenders committed to the
Department | ||
of Corrections.
| ||
(m) establish such other standards and regulations and | ||
do all acts
necessary to carry out the intent and purposes | ||
of this Act.
| ||
The Division shall establish a model list of structured | ||
intermediate
sanctions that may be imposed by a probation | ||
agency for violations of terms and
conditions of a sentence of | ||
probation, conditional discharge, or supervision.
| ||
The State of Illinois shall provide for the costs of | ||
personnel, travel,
equipment, telecommunications, postage, | ||
commodities, printing, space,
contractual services and other | ||
related costs necessary to carry out the
intent of this Act.
| ||
(2) (a) The chief judge of each circuit shall provide
| ||
full-time probation services for all counties
within the | ||
circuit, in a
manner consistent with the annual probation plan,
| ||
the standards, policies,
and regulations established by the | ||
Supreme Court. A
probation district of
two or more counties | ||
within a circuit may be created for the purposes of
providing | ||
full-time probation services. Every
county or group of
counties | ||
within a circuit shall maintain a
probation department which | ||
shall
be under the authority of the Chief Judge of the circuit | ||
or some other
judge designated by the Chief Judge. The Chief | ||
Judge, through the
Probation and Court Services Department | ||
shall
submit annual plans to the
Division for probation and | ||
related services.
| ||
(b) The Chief Judge of each circuit shall appoint the Chief
| ||
Probation
Officer and all other probation officers for his
or | ||
her circuit from lists
of qualified applicants supplied by the | ||
Supreme Court. Candidates for chief
managing officer and other | ||
probation officer
positions must apply with both
the Chief | ||
Judge of the circuit and the Supreme Court.
| ||
(3) A Probation and Court Service Department
shall apply to | ||
the
Supreme Court for funds for basic services, and may apply | ||
for funds for new
and expanded programs or Individualized | ||
Services and Programs. Costs shall
be reimbursed monthly based | ||
on a plan and budget approved by the Supreme
Court. No | ||
Department may be reimbursed for costs which exceed or are not
| ||
provided for in the approved annual plan and budget. After the | ||
effective
date of this amendatory Act of 1985, each county must | ||
provide basic
services in accordance with the annual plan and | ||
standards created by the
division. No department may receive | ||
funds for new or expanded programs or
individualized services | ||
and programs unless they are in compliance with
standards as | ||
enumerated in paragraph (h) of subsection (1) of this Section,
| ||
the annual plan, and standards for basic services.
| ||
(4) The Division shall reimburse the county or counties for
| ||
probation
services as follows:
| ||
(a) 100% of the salary of all chief managing officers | ||
designated as such
by the Chief Judge and the division.
| ||
(b) 100% of the salary for all probation
officer and | ||
supervisor
positions approved for reimbursement by the | ||
division after April 1, 1984,
to meet workload standards | ||
and to implement intensive sanction and
probation
| ||
supervision
programs and other basic services as defined in | ||
this Act.
| ||
(c) 100% of the salary for all secure detention | ||
personnel and non-secure
group home personnel approved for | ||
reimbursement after December 1, 1990.
For all such | ||
positions approved for reimbursement
before
December 1, | ||
1990, the counties shall be reimbursed $1,250 per month | ||
beginning
July 1, 1995, and an additional $250 per month | ||
beginning each July 1st
thereafter until the positions | ||
receive 100% salary reimbursement.
Allocation of such | ||
positions will be based on comparative need considering
| ||
capacity, staff/resident ratio, physical plant and | ||
program.
| ||
(d) $1,000 per month for salaries for the remaining
| ||
probation officer
positions engaged in basic services and | ||
new or expanded services. All such
positions shall be | ||
approved by the division in accordance with this Act and
| ||
division standards.
| ||
(e) 100% of the travel expenses in accordance with | ||
Division standards
for all Probation positions approved | ||
under
paragraph (b) of subsection 4
of this Section.
| ||
(f) If the amount of funds reimbursed to the county | ||
under paragraphs
(a) through (e) of subsection 4 of this | ||
Section on an annual basis is less
than the amount the | ||
county had received during the 12 month period
immediately | ||
prior to the effective date of this amendatory Act of 1985,
| ||
then the Division shall reimburse the amount of the | ||
difference to the
county. The effect of paragraph (b) of | ||
subsection 7 of this Section shall
be considered in | ||
implementing this supplemental reimbursement provision.
| ||
(5) The Division shall provide funds beginning on April 1, | ||
1987 for the
counties to provide Individualized Services and | ||
Programs as provided in
Section 16 of this Act.
| ||
(6) A Probation and Court Services Department
in order to | ||
be eligible
for the reimbursement must submit to the Supreme | ||
Court an application
containing such information and in such a | ||
form and by such dates as the
Supreme Court may require. | ||
Departments to be eligible for funding must
satisfy the | ||
following conditions:
| ||
(a) The Department shall have on file with the Supreme
| ||
Court an annual Probation plan for continuing,
improved, | ||
and
new Probation and Court Services Programs
approved by | ||
the Supreme Court or its
designee. This plan shall indicate | ||
the manner in which
Probation and Court
Services will be | ||
delivered and improved, consistent with the minimum
| ||
standards and regulations for Probation and Court
| ||
Services, as established
by the Supreme Court. In counties | ||
with more than one
Probation and Court
Services Department | ||
eligible to receive funds, all Departments within that
| ||
county must submit plans which are approved by the Supreme | ||
Court.
| ||
(b) The annual probation plan shall seek to
generally | ||
improve the
quality of probation services and to reduce the
| ||
commitment of adult offenders to the Department of | ||
Corrections and to reduce the
commitment of juvenile | ||
offenders to the Department of Juvenile Justice and shall | ||
require, when
appropriate, coordination with the | ||
Department of Corrections, the Department of Juvenile | ||
Justice, and the
Department of Children and Family Services | ||
in the development and use of
community resources, | ||
information systems, case review and permanency
planning | ||
systems to avoid the duplication of services.
| ||
(c) The Department shall be in compliance with | ||
standards developed by the
Supreme Court for basic, new and | ||
expanded services, training, personnel
hiring and | ||
promotion.
| ||
(d) The Department shall in its annual plan indicate | ||
the manner in which
it will support the rights of crime | ||
victims and in which manner it will
implement Article I, | ||
Section 8.1 of the Illinois Constitution and in what
manner | ||
it will coordinate crime victims' support services with | ||
other criminal
justice agencies within its jurisdiction, | ||
including but not limited to, the
State's Attorney, the | ||
Sheriff and any municipal police department.
| ||
(7) No statement shall be verified by the Supreme Court or | ||
its
designee or vouchered by the Comptroller unless each of the | ||
following
conditions have been met:
| ||
(a) The probation officer is a full-time
employee | ||
appointed by the Chief
Judge to provide probation services.
| ||
(b) The probation officer, in order to be
eligible for | ||
State
reimbursement, is receiving a salary of at least | ||
$17,000 per year.
| ||
(c) The probation officer is appointed or
was | ||
reappointed in accordance
with minimum qualifications or | ||
criteria established by the Supreme
Court; however, all | ||
probation officers appointed
prior to January 1, 1978,
| ||
shall be exempted from the minimum requirements | ||
established by the Supreme
Court. Payments shall be made to | ||
counties employing these exempted
probation officers as | ||
long as they are employed
in the position held on the
| ||
effective date of this amendatory Act of 1985. Promotions | ||
shall be
governed by minimum qualifications established by | ||
the Supreme Court.
| ||
(d) The Department has an established compensation | ||
schedule approved by
the Supreme Court. The compensation | ||
schedule shall include salary ranges
with necessary | ||
increments to compensate each employee. The increments
| ||
shall, within the salary ranges, be based on such factors | ||
as bona fide
occupational qualifications, performance, and | ||
length of service. Each
position in the Department shall be | ||
placed on the compensation schedule
according to job duties | ||
and responsibilities of such position. The policy
and | ||
procedures of the compensation schedule shall be made | ||
available to each
employee.
| ||
(8) In order to obtain full reimbursement of all approved | ||
costs, each
Department must continue to employ at least the | ||
same number of
probation
officers and probation managers as | ||
were
authorized for employment for the
fiscal year which | ||
includes January 1, 1985. This number shall be designated
as | ||
the base amount of the Department. No positions approved by the | ||
Division
under paragraph (b) of subsection 4 will be included | ||
in the base amount.
In the event that the Department employs | ||
fewer
Probation officers and
Probation managers than the base | ||
amount for a
period of 90 days, funding
received by the | ||
Department under subsection 4 of this
Section may be reduced on | ||
a monthly basis by the amount of the current
salaries of any | ||
positions below the base amount.
| ||
(9) Before the 15th day of each month, the treasurer of any | ||
county which
has a Probation and Court Services Department, or
| ||
the treasurer of the most
populous county, in the case of a | ||
Probation or
Court Services Department
funded by more than one | ||
county, shall submit an itemized statement of all
approved | ||
costs incurred in the delivery of Basic
Probation and Court
| ||
Services under this Act to the Supreme Court.
The treasurer may | ||
also submit an itemized statement of all approved costs
| ||
incurred in the delivery of new and expanded
Probation and | ||
Court Services
as well as Individualized Services and Programs. | ||
The Supreme Court or
its designee shall verify compliance with | ||
this Section and shall examine
and audit the monthly statement | ||
and, upon finding them to be correct, shall
forward them to the | ||
Comptroller for payment to the county treasurer. In the
case of | ||
payment to a treasurer of a county which is the most populous | ||
of
counties sharing the salary and expenses of a
Probation and | ||
Court Services
Department, the treasurer shall divide the money | ||
between the counties in a
manner that reflects each county's | ||
share of the cost incurred by the
Department.
| ||
(10) The county treasurer must certify that funds received | ||
under this
Section shall be used solely to maintain and improve
| ||
Probation and Court
Services. The county or circuit shall | ||
remain in compliance with all
standards, policies and | ||
regulations established by the Supreme Court.
If at any time | ||
the Supreme Court determines that a county or circuit is not
in | ||
compliance, the Supreme Court shall immediately notify the | ||
Chief Judge,
county board chairman and the Director of Court | ||
Services Chief
Probation Officer. If after 90 days of written
| ||
notice the noncompliance
still exists, the Supreme Court shall | ||
be required to reduce the amount of
monthly reimbursement by | ||
10%. An additional 10% reduction of monthly
reimbursement shall | ||
occur for each consecutive month of noncompliance.
Except as | ||
provided in subsection 5 of Section 15, funding to counties | ||
shall
commence on April 1, 1986. Funds received under this Act | ||
shall be used to
provide for Probation Department expenses
| ||
including those required under
Section 13 of this Act. For | ||
State fiscal years 2004, 2005, and 2006, and 2007 only, the | ||
Mandatory
Arbitration Fund may be used to provide for Probation | ||
Department expenses,
including those required under Section 13 | ||
of this Act.
| ||
(11) The respective counties shall be responsible for | ||
capital and space
costs, fringe benefits, clerical costs, | ||
equipment, telecommunications,
postage, commodities and | ||
printing.
| ||
(12) For purposes of this Act only, probation officers | ||
shall be
considered
peace officers. In the
exercise of their | ||
official duties, probation
officers, sheriffs, and police
| ||
officers may, anywhere within the State, arrest any probationer | ||
who is in
violation of any of the conditions of his or her | ||
probation, conditional
discharge, or supervision, and it shall | ||
be the
duty of the officer making the arrest to take the | ||
probationer
before the
Court having jurisdiction over the | ||
probationer for further order.
| ||
(Source: P.A. 93-25, eff. 6-20-03; 93-576, eff. 1-1-04; 93-839, | ||
eff. 7-30-04; 94-91, eff. 7-1-05; 94-696, eff. 6-1-06.)
| ||
(730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1) | ||
Sec. 15.1. Probation and Court Services Fund.
| ||
(a) The county treasurer in each county shall establish a
| ||
probation and court services fund consisting of fees collected | ||
pursuant to
subsection (i) of Section 5-6-3 and subsection (i) | ||
of Section 5-6-3.1
of the Unified Code of Corrections, | ||
subsection (10) of Section 5-615
and
subsection (5) of Section | ||
5-715 of the Juvenile Court Act of 1987, and
paragraph 14.3 of | ||
subsection (b) of Section 110-10 of the Code of Criminal
| ||
Procedure of 1963.
The
county treasurer shall disburse monies | ||
from the fund only at the direction
of the chief judge of the | ||
circuit court in such circuit where the county is
located. The | ||
county treasurer of each county shall, on or before January
10 | ||
of each year, submit an annual report to the Supreme Court.
| ||
(b) Monies in the probation and court services fund shall | ||
be
appropriated by the county board to be used within the | ||
county or
jurisdiction where
collected in accordance
with | ||
policies and guidelines approved by the Supreme Court for the | ||
costs
of operating the probation and court services department | ||
or departments;
however, except as provided in subparagraph | ||
(g), monies
in the probation and court services fund shall not | ||
be used for the payment
of salaries of probation and court | ||
services personnel.
| ||
(c) Monies expended from the probation and court services | ||
fund shall
be used to supplement, not supplant, county | ||
appropriations for probation
and court services.
| ||
(d) Interest earned on monies deposited in a probation and | ||
court
services fund may be used by the county for its ordinary | ||
and contingent
expenditures.
| ||
(e) The county board may appropriate moneys from the | ||
probation and court
services fund, upon the direction of the | ||
chief judge, to support programs that
are part of the continuum | ||
of juvenile delinquency intervention programs which
are or may | ||
be developed within the county. The grants from the probation | ||
and
court services fund shall be for no more than one year and | ||
may be used for any
expenses attributable to the program | ||
including administration and oversight of
the program by the | ||
probation department.
| ||
(f) The county board may appropriate moneys from the | ||
probation and court
services fund, upon the direction of the | ||
chief judge, to support practices
endorsed or required under | ||
the Sex Offender Management Board Act, including but
not | ||
limited to sex offender evaluation, treatment, and monitoring | ||
programs that
are or may be developed within the county.
| ||
(g) For the State Fiscal Years 2005,
and 2006, and 2007
| ||
only, the Administrative Office of the Illinois Courts may | ||
permit a county or circuit to use its probation and court | ||
services fund for the payment of salaries of probation officers | ||
and other court services personnel whose salaries are | ||
reimbursed under this Act if the State's FY2005,
or FY2006, or | ||
FY2007 appropriation to the Supreme Court for reimbursement to | ||
counties for probation salaries and services is less than the | ||
amount appropriated to the Supreme Court for these
purposes for | ||
State Fiscal Year 2004. The Administrative Office of the | ||
Illinois Courts shall take into account each county's or | ||
circuit's probation fee collections and expenditures when | ||
apportioning the total reimbursement for each county or | ||
circuit.
| ||
(Source: P.A. 93-616, eff. 1-1-04; 93-839, eff. 7-30-04; 94-91, | ||
eff. 7-1-05.)
| ||
Section 5-100. The Code of Civil Procedure is amended by | ||
changing Section 2-1009A as follows:
| ||
(735 ILCS 5/2-1009A) (from Ch. 110, par. 2-1009A)
| ||
Sec. 2-1009A. Filing Fees. In each county authorized by the | ||
Supreme
Court to utilize mandatory arbitration, the clerk of | ||
the
circuit court shall charge and collect, in addition to any | ||
other fees, an
arbitration fee of $8, except in counties with | ||
3,000,000 or more inhabitants
the fee shall be $10, at the time | ||
of filing the first pleading, paper
or
other appearance filed | ||
by each party in all civil cases, but no additional
fee shall | ||
be required if more than one party is represented in a single
| ||
pleading, paper or other appearance. Arbitration fees received | ||
by the
clerk of the circuit court pursuant to this Section | ||
shall be remitted within
one month after receipt to the State | ||
Treasurer for deposit into the
Mandatory Arbitration Fund, a | ||
special fund in the State treasury for the
purpose of funding | ||
mandatory arbitration programs and such other alternative
| ||
dispute resolution programs as may be authorized by circuit | ||
court rule for
operation in counties that have implemented | ||
mandatory arbitration, with a
separate account
being | ||
maintained for each county.
Notwithstanding any other | ||
provision of this Section to the contrary, and for
State fiscal
| ||
years 2004, 2005, and 2006, and 2007 only, the Mandatory | ||
Arbitration Fund may be used
for any
other purpose authorized | ||
by the Supreme Court.
| ||
(Source: P.A. 93-25, eff. 6-20-03; 93-839, eff. 7-30-04; 94-91, | ||
eff. 7-1-05.)
| ||
Section 5-110. The Workers' Compensation Act is amended by | ||
changing Section 4 as follows:
| ||
(820 ILCS 305/4) (from Ch. 48, par. 138.4)
| ||
Sec. 4. (a) Any employer, including but not limited to | ||
general contractors
and their subcontractors, who shall come | ||
within the provisions of
Section 3 of this Act, and any other | ||
employer who shall elect to provide
and pay the compensation | ||
provided for in this Act shall:
| ||
(1) File with the Commission annually an application | ||
for approval as a
self-insurer which shall include a | ||
current financial statement, and
annually, thereafter, an | ||
application for renewal of self-insurance, which
shall | ||
include a current financial statement. Said
application | ||
and financial statement shall be signed and sworn to by the
| ||
president or vice president and secretary or assistant | ||
secretary of the
employer if it be a corporation, or by all | ||
of the partners, if it be a
copartnership, or by the owner | ||
if it be neither a copartnership nor a
corporation. All | ||
initial applications and all applications for renewal of
| ||
self-insurance must be submitted at least 60 days prior to | ||
the requested
effective date of self-insurance. An | ||
employer may elect to provide and pay
compensation as | ||
provided
for in this Act as a member of a group workers' | ||
compensation pool under Article
V 3/4 of the Illinois | ||
Insurance Code. If an employer becomes a member of a
group | ||
workers' compensation pool, the employer shall not be | ||
relieved of any
obligations imposed by this Act.
| ||
If the sworn application and financial statement of any | ||
such employer
does not satisfy the Commission of the | ||
financial ability of the employer
who has filed it, the | ||
Commission shall require such employer to,
| ||
(2) Furnish security, indemnity or a bond guaranteeing | ||
the payment
by the employer of the compensation provided | ||
for in this Act, provided
that any such employer whose | ||
application and financial statement shall
not have | ||
satisfied the commission of his or her financial ability | ||
and
who shall have secured his liability in part by excess | ||
liability insurance
shall be required to furnish to the | ||
Commission security, indemnity or bond
guaranteeing his or | ||
her payment up to the effective limits of the excess
| ||
coverage, or
| ||
(3) Insure his entire liability to pay such | ||
compensation in some
insurance carrier authorized, | ||
licensed, or permitted to do such
insurance business in | ||
this State. Every policy of an insurance carrier,
insuring | ||
the payment of compensation under this Act shall cover all | ||
the
employees and the entire compensation liability of the | ||
insured:
Provided, however, that any employer may insure | ||
his or her compensation
liability with 2 or more insurance | ||
carriers or may insure a part and
qualify under subsection | ||
1, 2, or 4 for the remainder of his or her
liability to pay | ||
such compensation, subject to the following two | ||
provisions:
| ||
Firstly, the entire compensation liability of the | ||
employer to
employees working at or from one location | ||
shall be insured in one such
insurance carrier or shall | ||
be self-insured, and
| ||
Secondly, the employer shall submit evidence | ||
satisfactorily to the
Commission that his or her entire | ||
liability for the compensation provided
for in this Act | ||
will be secured. Any provisions in any policy, or in | ||
any
endorsement attached thereto, attempting to limit | ||
or modify in any way,
the liability of the insurance | ||
carriers issuing the same except as
otherwise provided | ||
herein shall be wholly void.
| ||
Nothing herein contained shall apply to policies of | ||
excess liability
carriage secured by employers who have | ||
been approved by the Commission
as self-insurers, or
| ||
(4) Make some other provision, satisfactory to the | ||
Commission, for
the securing of the payment of compensation | ||
provided for in this Act,
and
| ||
(5) Upon becoming subject to this Act and thereafter as | ||
often as the
Commission may in writing demand, file with | ||
the Commission in form prescribed
by it evidence of his or | ||
her compliance with the provision of this Section.
| ||
(a-1) Regardless of its state of domicile or its principal | ||
place of
business, an employer shall make payments to its | ||
insurance carrier or group
self-insurance fund, where | ||
applicable, based upon the premium rates of the
situs where the | ||
work or project is located in Illinois if:
| ||
(A) the employer is engaged primarily in the building | ||
and
construction industry; and
| ||
(B) subdivision (a)(3) of this Section applies to the | ||
employer or
the employer is a member of a group | ||
self-insurance plan as defined in
subsection (1) of Section | ||
4a.
| ||
The Illinois Workers' Compensation Commission shall impose | ||
a penalty upon an employer
for violation of this subsection | ||
(a-1) if:
| ||
(i) the employer is given an opportunity at a hearing | ||
to present
evidence of its compliance with this subsection | ||
(a-1); and
| ||
(ii) after the hearing, the Commission finds that the | ||
employer
failed to make payments upon the premium rates of | ||
the situs where the work or
project is located in Illinois.
| ||
The penalty shall not exceed $1,000 for each day of work | ||
for which
the employer failed to make payments upon the premium | ||
rates of the situs where
the
work or project is located in | ||
Illinois, but the total penalty shall not exceed
$50,000 for | ||
each project or each contract under which the work was
| ||
performed.
| ||
Any penalty under this subsection (a-1) must be imposed not | ||
later
than one year after the expiration of the applicable | ||
limitation period
specified in subsection (d) of Section 6 of | ||
this Act. Penalties imposed under
this subsection (a-1) shall | ||
be deposited into the Illinois Workers' Compensation | ||
Commission
Operations Fund, a special fund that is created in | ||
the State treasury. Subject
to appropriation, moneys in the | ||
Fund shall be used solely for the operations
of the Illinois | ||
Workers' Compensation Commission and by the Department of | ||
Financial and Professional Regulation for the purposes | ||
authorized in subsection (c) of Section 25.5 of this Act.
| ||
(b) The sworn application and financial statement, or | ||
security,
indemnity or bond, or amount of insurance, or other | ||
provisions, filed,
furnished, carried, or made by the employer, | ||
as the case may be, shall
be subject to the approval of the | ||
Commission.
| ||
Deposits under escrow agreements shall be cash, negotiable | ||
United
States government bonds or negotiable general | ||
obligation bonds of the
State of Illinois. Such cash or bonds | ||
shall be deposited in
escrow with any State or National Bank or | ||
Trust Company having trust
authority in the State of Illinois.
| ||
Upon the approval of the sworn application and financial | ||
statement,
security, indemnity or bond or amount of insurance, | ||
filed, furnished or
carried, as the case may be, the Commission | ||
shall send to the employer
written notice of its approval | ||
thereof. The certificate of compliance
by the employer with the | ||
provisions of subparagraphs (2) and (3) of
paragraph (a) of | ||
this Section shall be delivered by the insurance
carrier to the | ||
Illinois Workers' Compensation Commission within five days | ||
after the
effective date of the policy so certified. The | ||
insurance so certified
shall cover all compensation liability | ||
occurring during the time that
the insurance is in effect and | ||
no further certificate need be filed in case
such insurance is | ||
renewed, extended or otherwise continued by such
carrier. The | ||
insurance so certified shall not be cancelled or in the
event | ||
that such insurance is not renewed, extended or otherwise
| ||
continued, such insurance shall not be terminated until at | ||
least 10
days after receipt by the Illinois Workers' | ||
Compensation Commission of notice of the
cancellation or | ||
termination of said insurance; provided, however, that
if the | ||
employer has secured insurance from another insurance carrier, | ||
or
has otherwise secured the payment of compensation in | ||
accordance with
this Section, and such insurance or other | ||
security becomes effective
prior to the expiration of the 10 | ||
days, cancellation or termination may, at
the option of the | ||
insurance carrier indicated in such notice, be effective
as of | ||
the effective date of such other insurance or security.
| ||
(c) Whenever the Commission shall find that any | ||
corporation,
company, association, aggregation of individuals, | ||
reciprocal or
interinsurers exchange, or other insurer | ||
effecting workers' compensation
insurance in this State shall | ||
be insolvent, financially unsound, or
unable to fully meet all | ||
payments and liabilities assumed or to be
assumed for | ||
compensation insurance in this State, or shall practice a
| ||
policy of delay or unfairness toward employees in the | ||
adjustment,
settlement, or payment of benefits due such | ||
employees, the Commission
may after reasonable notice and | ||
hearing order and direct that such
corporation, company, | ||
association, aggregation of individuals,
reciprocal or | ||
interinsurers exchange, or insurer, shall from and after a
date | ||
fixed in such order discontinue the writing of any such | ||
workers'
compensation insurance in this State. Subject to such | ||
modification of
the order as the Commission may later make on | ||
review of the order,
as herein provided, it shall thereupon be | ||
unlawful for any such
corporation, company, association, | ||
aggregation of individuals,
reciprocal or interinsurers | ||
exchange, or insurer to effect any workers'
compensation | ||
insurance in this State. A copy of the order shall be served
| ||
upon the Director of Insurance by registered mail. Whenever the | ||
Commission
finds that any service or adjustment company used or | ||
employed
by a self-insured employer or by an insurance carrier | ||
to process,
adjust, investigate, compromise or otherwise | ||
handle claims under this
Act, has practiced or is practicing a | ||
policy of delay or unfairness
toward employees in the | ||
adjustment, settlement or payment of benefits
due such | ||
employees, the Commission may after reasonable notice and
| ||
hearing order and direct that such service or adjustment | ||
company shall
from and after a date fixed in such order be | ||
prohibited from processing,
adjusting, investigating, | ||
compromising or otherwise handling claims
under this Act.
| ||
Whenever the Commission finds that any self-insured | ||
employer has
practiced or is practicing delay or unfairness | ||
toward employees in the
adjustment, settlement or payment of | ||
benefits due such employees, the
Commission may, after | ||
reasonable notice and hearing, order and direct
that after a | ||
date fixed in the order such self-insured employer shall be
| ||
disqualified to operate as a self-insurer and shall be required | ||
to
insure his entire liability to pay compensation in some | ||
insurance
carrier authorized, licensed and permitted to do such | ||
insurance business
in this State, as provided in subparagraph 3 | ||
of paragraph (a) of this
Section.
| ||
All orders made by the Commission under this Section shall | ||
be subject
to review by the courts, said review to be taken in | ||
the same manner and
within the same time as provided by Section | ||
19 of this Act for review of
awards and decisions of the | ||
Commission, upon the party seeking the
review filing with the | ||
clerk of the court to which said review is taken
a bond in an | ||
amount to be fixed and approved by the court to which the
| ||
review is taken, conditioned upon the payment of all | ||
compensation awarded
against the person taking said review | ||
pending a decision thereof and
further conditioned upon such | ||
other obligations as the court may impose.
Upon the review the | ||
Circuit Court shall have power to review all questions
of fact | ||
as well as of law. The penalty hereinafter provided for in this
| ||
paragraph shall not attach and shall not begin to run until the | ||
final
determination of the order of the Commission.
| ||
(d) Whenever a panel of 3 Commissioners comprised of one | ||
member of the employing class, one member of the employee | ||
class, and one member not identified with either the employing | ||
or employee class, with due process and after a hearing, | ||
determines an employer has knowingly failed to provide coverage | ||
as required by paragraph (a) of this Section, the failure shall | ||
be deemed an immediate serious danger to public health, safety, | ||
and welfare sufficient to justify service by the Commission of | ||
a work-stop order on such employer, requiring the cessation of | ||
all business operations of such employer at the place of | ||
employment or job site. Any law enforcement agency in the State | ||
shall, at the request of the Commission, render any assistance | ||
necessary to carry out the provisions of this Section, | ||
including, but not limited to, preventing any employee of such | ||
employer from remaining at a place of employment or job site | ||
after a work-stop order has taken effect. Any work-stop order | ||
shall be lifted upon proof of insurance as required by this | ||
Act. Any orders under this Section are appealable under Section | ||
19(f) to the Circuit Court.
| ||
Any individual employer, corporate officer or director of a | ||
corporate employer, partner of an employer partnership, or | ||
member of an employer limited liability company who knowingly | ||
fails to provide coverage as required by paragraph (a) of this | ||
Section is guilty of a Class 4 felony. This provision shall not | ||
apply to any corporate officer or director of any | ||
publicly-owned corporation. Each day's violation constitutes a | ||
separate offense. The State's Attorney of the county in which | ||
the violation occurred, or the Attorney General, shall bring | ||
such actions in the name of the People of the State of | ||
Illinois, or may, in addition to other remedies provided in | ||
this Section, bring an action for an injunction to restrain the | ||
violation or to enjoin the operation of any such employer.
| ||
Any individual employer, corporate officer or director of a | ||
corporate employer, partner of an employer partnership, or | ||
member of an employer limited liability company who negligently | ||
fails to provide coverage as required by paragraph (a) of this | ||
Section is guilty of a Class A misdemeanor. This provision | ||
shall not apply to any corporate officer or director of any | ||
publicly-owned corporation. Each day's violation constitutes a | ||
separate offense. The State's Attorney of the county in which | ||
the violation occurred, or the Attorney General, shall bring | ||
such actions in the name of the People of the State of | ||
Illinois.
| ||
The criminal penalties in this subsection (d) shall not | ||
apply where
there exists a good faith dispute as to the | ||
existence of an
employment relationship. Evidence of good faith | ||
shall
include, but not be limited to, compliance with the | ||
definition
of employee as used by the Internal Revenue Service.
| ||
Employers who are subject to and who knowingly fail to | ||
comply with this Section shall not be entitled to the benefits | ||
of this Act during the period of noncompliance, but shall be | ||
liable in an action under any other applicable law of this | ||
State. In the action, such employer shall not avail himself or | ||
herself of the defenses of assumption of risk or negligence or | ||
that the injury was due to a co-employee. In the action, proof | ||
of the injury shall constitute prima facie evidence of | ||
negligence on the part of such employer and the burden shall be | ||
on such employer to show freedom of negligence resulting in the | ||
injury. The employer shall not join any other defendant in any | ||
such civil action. Nothing in this amendatory Act of the 94th | ||
General Assembly shall affect the employee's rights under | ||
subdivision (a)3 of Section 1 of this Act. Any employer or | ||
carrier who makes payments under subdivision (a)3 of Section 1 | ||
of this Act shall have a right of reimbursement from the | ||
proceeds of any recovery under this Section.
| ||
An employee of an uninsured employer, or the employee's | ||
dependents in case death ensued, may, instead of proceeding | ||
against the employer in a civil action in court, file an | ||
application for adjustment of claim with the Commission in | ||
accordance with the provisions of this Act and the Commission | ||
shall hear and determine the application for adjustment of | ||
claim in the manner in which other claims are heard and | ||
determined before the Commission.
| ||
All proceedings under this subsection (d) shall be reported | ||
on an annual basis to the Workers' Compensation Advisory Board.
| ||
Upon a finding by the Commission, after reasonable notice | ||
and
hearing, of the knowing and wilful failure or refusal of an | ||
employer to
comply with
any of the provisions of paragraph (a) | ||
of this Section or the failure or
refusal of an employer, | ||
service or adjustment company, or an insurance
carrier to | ||
comply with any order of the Illinois Workers' Compensation | ||
Commission pursuant to
paragraph (c) of this Section | ||
disqualifying him or her to operate as a self
insurer and | ||
requiring him or her to insure his or her liability, the
| ||
Commission may assess a civil penalty of up to $500 per day for | ||
each day of
such failure or refusal after the effective date of | ||
this amendatory Act of
1989. The minimum penalty under this | ||
Section shall be the sum of $10,000.
Each day of such failure | ||
or refusal shall constitute a separate offense.
The Commission | ||
may assess the civil penalty personally and individually
| ||
against the corporate officers and directors of a corporate | ||
employer, the
partners of an employer partnership, and the | ||
members of an employer limited
liability company, after a | ||
finding of a knowing and willful refusal or failure
of each | ||
such named corporate officer, director, partner, or member to | ||
comply
with this Section. The liability for the assessed | ||
penalty shall be
against the named employer first, and
if the | ||
named employer fails or refuses to pay the penalty to the
| ||
Commission within 30 days after the final order of the | ||
Commission, then the
named
corporate officers, directors, | ||
partners, or members who have been found to have
knowingly and | ||
willfully refused or failed to comply with this Section shall | ||
be
liable for the unpaid penalty or any unpaid portion of the | ||
penalty. Upon investigation by the insurance non-compliance | ||
unit of the Commission, the Attorney General shall have the | ||
authority to prosecute all proceedings to enforce the civil and | ||
administrative provisions of this Section before the | ||
Commission. The Commission shall promulgate procedural rules | ||
for enforcing this Section.
| ||
Upon the failure or refusal of any employer, service or | ||
adjustment
company or insurance carrier to comply with the | ||
provisions of this Section
and with the orders of the | ||
Commission under this Section, or the order of
the court on | ||
review after final adjudication, the Commission may bring a
| ||
civil action to recover the amount of the penalty in Cook | ||
County or in
Sangamon County in which litigation the Commission | ||
shall be represented by
the Attorney General. The Commission | ||
shall send notice of its finding of
non-compliance and | ||
assessment of the civil penalty to the Attorney General.
It | ||
shall be the duty of the Attorney General within 30 days after | ||
receipt
of the notice, to institute prosecutions and promptly | ||
prosecute all
reported violations of this Section.
| ||
Any individual employer, corporate officer or director of a | ||
corporate employer, partner of an employer partnership, or | ||
member of an employer limited liability company who, with the | ||
intent to avoid payment of compensation under this Act to an | ||
injured employee or the employee's dependents, knowingly | ||
transfers, sells, encumbers, assigns, or in any manner disposes | ||
of, conceals, secretes, or destroys any property belonging to | ||
the employer, officer, director, partner, or member is guilty | ||
of a Class 4 felony.
| ||
Penalties and fines collected pursuant to this paragraph | ||
(d) shall be deposited upon receipt into a special fund which | ||
shall be designated the Injured Workers' Benefit Fund, of which | ||
the State Treasurer is ex-officio custodian, such special fund | ||
to be held and disbursed in accordance with this paragraph (d) | ||
for the purposes hereinafter stated in this paragraph (d), upon | ||
the final order of the Commission. The Injured Workers' Benefit | ||
Fund shall be deposited the same as are State funds and any | ||
interest accruing thereon shall be added thereto every 6 | ||
months. The Injured Workers' Benefit Fund is subject to audit | ||
the same as State funds and accounts and is protected by the | ||
general bond given by the State Treasurer. The Injured Workers' | ||
Benefit Fund is considered always appropriated for the purposes | ||
of disbursements as provided in this paragraph, and shall be | ||
paid out and disbursed as herein provided and shall not at any | ||
time be appropriated or diverted to any other use or purpose. | ||
Moneys in the Injured Workers' Benefit Fund shall be used only | ||
for payment of workers' compensation benefits for injured | ||
employees when the employer has failed to provide coverage as | ||
determined under this paragraph (d) and has failed to pay the | ||
benefits due to the injured employee. The Commission shall have | ||
the right to obtain reimbursement from the employer for | ||
compensation obligations paid by the Injured Workers' Benefit | ||
Fund. Any such amounts obtained shall be deposited by the | ||
Commission into the Injured Workers' Benefit Fund. If an | ||
injured employee or his or her personal representative receives | ||
payment from the Injured Workers' Benefit Fund, the State of | ||
Illinois has the same rights under paragraph (b) of Section 5 | ||
that the employer who failed to pay the benefits due to the | ||
injured employee would have had if the employer had paid those | ||
benefits, and any moneys recovered by the State as a result of | ||
the State's exercise of its rights under paragraph (b) of | ||
Section 5 shall be deposited into the Injured Workers' Benefit | ||
Fund. The custodian of the Injured Workers' Benefit Fund shall | ||
be joined with the employer as a party respondent in the | ||
application for adjustment of claim. After July 1, 2006, the | ||
Commission shall make disbursements from the Fund once each | ||
year to each eligible claimant. An eligible claimant is an | ||
injured worker who has within the previous fiscal year obtained | ||
a final award for benefits from the Commission against the | ||
employer and the Injured Workers' Benefit Fund and has notified | ||
the Commission within 90 days of receipt of such award. Within | ||
a reasonable time after the end of each fiscal year, the | ||
Commission shall make a disbursement to each eligible claimant. | ||
At the time of disbursement, if there are insufficient moneys | ||
in the Fund to pay all claims, each eligible claimant shall | ||
receive a pro-rata share, as determined by the Commission, of | ||
the available moneys in the Fund for that year. Payment from | ||
the Injured Workers' Benefit Fund to an eligible claimant | ||
pursuant to this provision shall discharge the obligations of | ||
the Injured Workers' Benefit Fund regarding the award entered | ||
by the Commission.
| ||
(e) This Act shall not affect or disturb the continuance of | ||
any
existing insurance, mutual aid, benefit, or relief | ||
association or
department, whether maintained in whole or in | ||
part by the employer or
whether maintained by the employees, | ||
the payment of benefits of such
association or department being | ||
guaranteed by the employer or by some
person, firm or | ||
corporation for him or her: Provided, the employer contributes
| ||
to such association or department an amount not less than the | ||
full
compensation herein provided, exclusive of the cost of the | ||
maintenance
of such association or department and without any | ||
expense to the
employee. This Act shall not prevent the | ||
organization and maintaining
under the insurance laws of this | ||
State of any benefit or insurance
company for the purpose of | ||
insuring against the compensation provided
for in this Act, the | ||
expense of which is maintained by the employer.
This Act shall | ||
not prevent the organization or maintaining under the
insurance | ||
laws of this State of any voluntary mutual aid, benefit or
| ||
relief association among employees for the payment of | ||
additional
accident or sick benefits.
| ||
(f) No existing insurance, mutual aid, benefit or relief | ||
association
or department shall, by reason of anything herein | ||
contained, be
authorized to discontinue its operation without | ||
first discharging its
obligations to any and all persons | ||
carrying insurance in the same or
entitled to relief or | ||
benefits therein.
| ||
(g) Any contract, oral, written or implied, of employment | ||
providing
for relief benefit, or insurance or any other device | ||
whereby the
employee is required to pay any premium or premiums | ||
for insurance
against the compensation provided for in this Act | ||
shall be null and
void. Any employer withholding from the wages | ||
of any employee any
amount for the purpose of paying any such | ||
premium shall be guilty of a
Class B misdemeanor.
| ||
In the event the employer does not pay the compensation for | ||
which he or
she is liable, then an insurance company, | ||
association or insurer which may
have insured such employer | ||
against such liability shall become primarily
liable to pay to | ||
the employee, his or her personal representative or
beneficiary | ||
the compensation required by the provisions of this Act to
be | ||
paid by such employer. The insurance carrier may be made a | ||
party to
the proceedings in which the employer is a party and | ||
an award may be
entered jointly against the employer and the | ||
insurance carrier.
| ||
(h) It shall be unlawful for any employer, insurance | ||
company or
service or adjustment company to interfere with, | ||
restrain or coerce an
employee in any manner whatsoever in the | ||
exercise of the rights or
remedies granted to him or her by | ||
this Act or to discriminate, attempt to
discriminate, or | ||
threaten to discriminate against an employee in any way
because | ||
of his or her exercise of the rights or remedies granted to
him | ||
or her by this Act.
| ||
It shall be unlawful for any employer, individually or | ||
through any
insurance company or service or adjustment company, | ||
to discharge or to
threaten to discharge, or to refuse to | ||
rehire or recall to active
service in a suitable capacity an | ||
employee because of the exercise of
his or her rights or | ||
remedies granted to him or her by this Act.
| ||
(i) If an employer elects to obtain a life insurance policy | ||
on his
employees, he may also elect to apply such benefits in | ||
satisfaction of all
or a portion of the death benefits payable | ||
under this Act, in which case,
the employer's compensation | ||
premium shall be reduced accordingly.
| ||
(j) Within 45 days of receipt of an initial application or | ||
application
to renew self-insurance privileges the | ||
Self-Insurers Advisory Board shall
review and submit for | ||
approval by the Chairman of the Commission
recommendations of | ||
disposition of all initial applications to self-insure
and all | ||
applications to renew self-insurance privileges filed by | ||
private
self-insurers pursuant to the provisions of this | ||
Section and Section 4a-9
of this Act. Each private self-insurer | ||
shall submit with its initial and
renewal applications the | ||
application fee required by Section 4a-4 of this Act.
| ||
The Chairman of the Commission shall promptly act upon all | ||
initial
applications and applications for renewal in full | ||
accordance with the
recommendations of the Board or, should the | ||
Chairman disagree with any
recommendation of disposition of the | ||
Self-Insurer's Advisory Board, he
shall within 30 days of | ||
receipt of such recommendation provide to the Board
in writing | ||
the reasons supporting his decision. The Chairman shall also
| ||
promptly notify the employer of his decision within 15 days of | ||
receipt of
the recommendation of the Board.
| ||
If an employer is denied a renewal of self-insurance | ||
privileges pursuant
to application it shall retain said | ||
privilege for 120 days after receipt of
a notice of | ||
cancellation of the privilege from the Chairman of the | ||
Commission.
| ||
All orders made by the Chairman under this Section shall be | ||
subject to
review by the courts, such review to be taken in the | ||
same manner and within
the same time as provided by subsection | ||
(f) of Section 19 of this Act for
review of awards and | ||
decisions of the Commission, upon the party seeking
the review | ||
filing with the clerk of the court to which such review is | ||
taken
a bond in an amount to be fixed and approved by the court | ||
to which the
review is taken, conditioned upon the payment of | ||
all compensation awarded
against the person taking such review | ||
pending a decision thereof and
further conditioned upon such | ||
other obligations as the court may impose.
Upon the review the | ||
Circuit Court shall have power to review all questions
of fact | ||
as well as of law.
| ||
(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05.)
| ||
ARTICLE 10. STATE POLICE VEHICLES | ||
Section 10-5. If and only if Senate Bill 1089 of the 94th | ||
General Assembly becomes law in the form in which it appears in | ||
the engrossed bill, the State Finance Act is amended by adding | ||
Section 5.664 as follows: | ||
(30 ILCS 105/5.664 new)
| ||
Sec. 5.664. The State Police Vehicle Maintenance Fund.
| ||
Section 10-10. If and only if Senate Bill 1089 of the 94th | ||
General Assembly becomes law in the form in which it appears in | ||
the engrossed bill, the State Property Control Act is amended | ||
by changing Section 7b and by adding Section 7c as follows:
| ||
(30 ILCS 605/7b)
| ||
Sec. 7b. Maintenance and operation of State Police | ||
vehicles. All proceeds received by the Department
of Central | ||
Management Services under this Act from the sale of vehicles
| ||
operated
by the Department of State Police, except for a $500 | ||
handling fee
to be
retained by the Department of Central | ||
Management Services for each vehicle
sold, shall be deposited
| ||
into the State Police Vehicle Maintenance Fund.
However, in | ||
lieu of the $500 handling fee as provided by this paragraph, | ||
the
Department of Central
Management Services shall retain all | ||
proceeds from the sale of any vehicle for
which $500 or a | ||
lesser amount is collected.
| ||
The State Police Vehicle Maintenance Fund is created as a | ||
special fund in the
State treasury. All moneys in the State | ||
Police Vehicle Maintenance Fund, subject to
appropriation, | ||
shall be used by the Department of State Police for the | ||
maintenance and operation
acquisition of vehicles for
that | ||
Department.
| ||
(Source: P.A. 89-54, eff. 6-30-95.)
| ||
(30 ILCS 605/7c new) | ||
Sec. 7c. Acquisition of State Police vehicles. The State | ||
Police Vehicle Fund is created as a special fund in the State | ||
treasury. The Fund shall consist of fees received pursuant to | ||
Section 16-104c of the Illinois Vehicle Code. All moneys in the | ||
Fund, subject to appropriation, shall be used by the Department | ||
of State Police: | ||
(1) for the acquisition of vehicles for that | ||
Department; or | ||
(2) for debt service on bonds issued to finance the | ||
acquisition of vehicles for that Department. | ||
ARTICLE 15. TRANSIT AUTHORITY PENSION FUNDING | ||
Section 15-5. The Illinois Pension Code is amended by | ||
changing Section 22-101 and adding Section 22-103 as follows:
| ||
(40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
| ||
Sec. 22-101. Metropolitan Transit Authority (CTA) Pension | ||
Fund. | ||
(a) There shall be established and maintained by the | ||
Authority created by
the "Metropolitan Transit Authority Act", | ||
approved April 12, 1945, as
amended, a financially sound | ||
pension and retirement system adequate to
provide for all | ||
payments when due under such established system or as
modified | ||
from time to time by ordinance of the Chicago Transit Board. | ||
For
this purpose, both the Board must make contributions to the | ||
established system as required under this Section and may make | ||
any additional contributions provided for by Board ordinance or | ||
collective bargaining agreement. The
and the participating | ||
employees shall make
such periodic payments to the established | ||
system as may be determined by
Board
such ordinance or | ||
collective bargaining agreement. The Board, in lieu of social | ||
security payments required to
be paid by private corporations | ||
engaged in similar activity, shall make
payments into such | ||
established system at least equal in amount to the
amount so | ||
required to be paid by such private corporations. | ||
Provisions
shall be made by the Board for all Board | ||
members, officers and employees of
the Authority appointed | ||
pursuant to the "Metropolitan Transit Authority
Act" to become, | ||
subject to reasonable rules and regulations, members or
| ||
beneficiaries of the pension or retirement system with uniform | ||
rights,
privileges, obligations and status as to the class in | ||
which such officers
and employees belong. The terms, conditions | ||
and provisions of any pension
or retirement system or of any | ||
amendment or modification thereof affecting
employees who are | ||
members of any labor organization may be established,
amended | ||
or modified by agreement with such labor organization, but must | ||
be consistent with the requirements of this Section.
| ||
(b) Beginning January 1, 2009, the Authority shall make | ||
contributions to the retirement system in an amount which, | ||
together with the contributions of participants, interest | ||
earned on investments, and other income, will meet the cost of | ||
maintaining and administering the retirement plan in | ||
accordance with applicable actuarial recommendations and | ||
assumptions and the requirements of this Section. These | ||
contributions may be paid on a payroll or other periodic basis, | ||
but shall in any case be paid at least monthly. | ||
For retirement system fiscal years 2009 through 2058, the | ||
minimum contribution to the retirement system to be made by the | ||
Authority for each fiscal year shall be an amount determined | ||
jointly by the Authority and the trustee of the retirement | ||
system to be sufficient to bring the total assets of the | ||
retirement system up to 90% of its total actuarial liabilities | ||
by the end of fiscal year 2058. In making these determinations, | ||
the required Authority contribution shall be calculated each | ||
year as a level percentage of payroll over the years remaining | ||
to and including fiscal year 2058 and shall be determined under | ||
the projected unit credit actuarial cost method. Beginning in | ||
retirement system fiscal year 2059, the minimum Authority | ||
contribution for each fiscal year shall be the amount needed to | ||
maintain the total assets of the retirement system at 90% of | ||
the total actuarial liabilities of the system. | ||
For purposes of determining employer contributions and | ||
actuarial liabilities under this subsection, contributions and | ||
liabilities relating to health care benefits shall not be | ||
included. As used in this Section, "retirement system fiscal | ||
year" means the calendar year, or such other plan year as may | ||
be defined from time to time in the agreement known as the | ||
Retirement Plan for Chicago Transit Authority Employees, or its | ||
successor agreement.
| ||
(c) The Authority and the trustee shall jointly certify to | ||
the Governor, the General Assembly, and the Board of the | ||
Regional Transportation Authority on or before November 15 of | ||
2008 and of each year thereafter the amount of the required | ||
Authority contributions to the retirement system for the next | ||
retirement system fiscal year under subsection (b). The | ||
certification shall include a copy of the actuarial | ||
recommendations upon which it is based. In addition, copies of | ||
the certification shall be sent to the Commission on Government | ||
Forecasting and Accountability, the Mayor of Chicago, the | ||
Chicago City Council, and the Cook County Board. | ||
(d) The Authority shall take all actions lawfully available | ||
to it to separate the funding of health care benefits for | ||
retirees and their dependents and survivors from the funding | ||
for its retirement system. The Authority shall endeavor to | ||
achieve this separation as soon as possible, and in any event | ||
no later than January 1, 2009.
| ||
(e) This amendatory Act of the 94th General Assembly does | ||
not affect or impair the right of either the Authority or its | ||
employees to collectively bargain the amount or level of | ||
employee contributions to the retirement system.
| ||
(Source: Laws 1963, p. 161.)
| ||
(40 ILCS 5/22-103 new)
| ||
Sec. 22-103. Regional Transportation Authority and related | ||
pension plans. | ||
(a) As used in this Section: | ||
"Affected pension plan" means a defined-benefit pension | ||
plan supported in whole or in part by employer contributions | ||
and maintained by the Regional Transportation Authority, the | ||
Suburban Bus Division, or the Commuter Rail Division, or any | ||
combination thereof, under the general authority of the | ||
Regional Transportation Authority Act, including but not | ||
limited to any such plan that has been established under or is | ||
subject to a collective bargaining agreement or is limited to | ||
employees covered by a collective bargaining agreement. | ||
"Affected pension plan" does not include any pension fund or | ||
retirement system subject to Section 22-101 of this Section. | ||
"Authority" means the Regional Transportation Authority | ||
created under
the Regional Transportation Authority Act.
| ||
"Contributing employer" means an employer that is required | ||
to make contributions to an affected pension plan under the | ||
terms of that plan. | ||
"Funding ratio" means the ratio of an affected pension | ||
plan's assets to the present value of its actuarial | ||
liabilities, as determined at its latest actuarial valuation in | ||
accordance with applicable actuarial assumptions and | ||
recommendations.
| ||
"Under-funded pension plan" or "under-funded" means an | ||
affected pension plan that, at the time of its last actuarial | ||
valuation, has a funding ratio of less than 90%.
| ||
(b) The contributing employers of each affected pension | ||
plan have a general duty to make the required employer | ||
contributions to the affected pension plan in a timely manner | ||
in accordance with the terms of the plan. A contributing | ||
employer must make contributions to the affected pension plan | ||
as required under this subsection and, if applicable, | ||
subsection (c); a contributing employer may make any additional | ||
contributions provided for by the board of the employer or | ||
collective bargaining agreement. | ||
(c) In the case of an affected pension plan that is | ||
under-funded on January 1, 2009 or becomes under-funded at any | ||
time after that date, the contributing employers shall | ||
contribute to the affected pension plan, in addition to all | ||
amounts otherwise required, amounts sufficient to bring the | ||
funding ratio of the affected pension plan up to 90% in | ||
accordance with an amortization schedule adopted jointly by the | ||
contributing employers and the trustee of the affected pension | ||
plan. The amortization schedule may extend for any period up to | ||
a maximum of 50 years and shall provide for additional employer | ||
contributions in substantially equal annual amounts over the | ||
selected period. If the contributing employers and the trustee | ||
of the affected pension plan do not agree on an appropriate | ||
period for the amortization schedule within 6 months of the | ||
date of determination that the plan is under-funded, then the | ||
amortization schedule shall be based on a period of 50 years. | ||
In the case of an affected pension plan that has more than | ||
one contributing employer, each contributing employer's share | ||
of the total additional employer contributions required under | ||
this subsection shall be determined: (i) in proportion to the | ||
amounts, if any, by which the respective contributing employers | ||
have failed to meet their contribution obligations under the | ||
terms of the affected pension plan; or (ii) if all of the | ||
contributing employers have met their contribution obligations | ||
under the terms of the affected pension plan, then in the same | ||
proportion as they are required to contribute under the terms | ||
of that plan. In the case of an affected pension plan that has | ||
only one contributing employer, that contributing employer is | ||
responsible for all of the additional employer contributions | ||
required under this subsection. | ||
If an under-funded pension plan is determined to have | ||
achieved a funding ratio of at least 90% during the period when | ||
an amortization schedule is in force under this Section, the | ||
contributing employers and the trustee of the affected pension | ||
plan, acting jointly, may cancel the amortization schedule and | ||
the contributing employers may cease making additional | ||
contributions under this subsection for as long as the affected | ||
pension plan retains a funding ratio of at least 90%.
| ||
(d) Beginning January 1, 2009, if the Authority fails to | ||
pay to an affected pension fund within 30 days after it is due | ||
(i) any employer contribution that it is required to make as a | ||
contributing employer, (ii) any additional employer | ||
contribution that it is required to pay under subsection (c), | ||
or (iii) any payment that it is required to make under Section | ||
4.02a or 4.02b of the Regional Transportation Authority Act, | ||
the trustee of the affected pension fund shall promptly so | ||
notify the Commission on Government Forecasting and | ||
Accountability, the Mayor of Chicago, the Governor, and the | ||
General Assembly. | ||
(e) For purposes of determining employer contributions, | ||
assets, and actuarial liabilities under this subsection, | ||
contributions, assets, and liabilities relating to health care | ||
benefits shall not be included.
| ||
(f) This amendatory Act of the 94th General Assembly does | ||
not affect or impair the right of any contributing employer or | ||
its employees to collectively bargain the amount or level of | ||
employee contributions to an affected pension plan, to the | ||
extent that the plan includes employees subject to collective | ||
bargaining.
| ||
Section 15-10. The Regional Transportation Authority Act | ||
is amended by changing Section 4.02 and by adding Sections | ||
4.02a and 4.02b as follows:
| ||
(70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
| ||
Sec. 4.02. Federal, State and Other Funds. | ||
(a) The Authority shall have the power to apply for, | ||
receive and expend
grants, loans or other funds from the State | ||
of Illinois or any department
or agency thereof, from any unit | ||
of local government, from the federal
government or any | ||
department or agency thereof,
for use in connection with any of | ||
the powers or purposes of the Authority
as set forth in this | ||
Act. The Authority shall have power to make such
studies as may | ||
be necessary and to enter into contracts or agreements with
the | ||
State of Illinois or any department or agency thereof, with any | ||
unit of
local government, or with the federal government or any | ||
department or
agency thereof, concerning such grants, loans or
| ||
other funds, or any conditions relating thereto, including | ||
obligations to
repay such funds. The Authority may make such | ||
covenants concerning such
grants, loans and funds as it deems | ||
proper and necessary in carrying out
its responsibilities, | ||
purposes and powers as provided in this Act.
| ||
(b) The Authority shall be the primary public body in the | ||
metropolitan
region with authority to apply for and receive any | ||
grants, loans or other
funds relating to public transportation | ||
programs from the State of Illinois
or any department or agency | ||
thereof, or from the federal government or any
department or | ||
agency thereof. Any unit of local government, Service Board
or | ||
transportation agency may apply for and receive any such | ||
federal
or state capital grants, loans or other funds, | ||
provided, however that a
Service Board may not apply
for or | ||
receive any grant or loan which is not identified in the | ||
Five-Year Program.
Any Service Board, unit of local government | ||
or transportation agency
shall notify the Authority prior to | ||
making any such application and shall
file a copy thereof with | ||
the Authority. Nothing in this Section shall be
construed to | ||
impose any limitation on the ability of the State of Illinois
| ||
or any department or agency thereof, any unit of local | ||
government or Service
Board or
transportation agency to make | ||
any grants or to enter into any agreement or
contract with the | ||
National Rail Passenger Corporation. Nor shall anything
in this | ||
Section impose any limitation on the ability of any school | ||
district
to apply for or receive any grant, loan or other funds | ||
for transportation
of school children.
| ||
(c) The Authority shall provide to the Service Board any | ||
monies received
relating to public transportation services | ||
under the jurisdiction of the
Service Boards as follows:
| ||
(1) As soon as may be practicable after the Authority | ||
receives payment,
under Section 4.03(m) or Section | ||
4.03.1(d), of the proceeds of those taxes
levied by the | ||
Authority,
the Authority shall transfer to each Service | ||
Board the amount to which it
is entitled under Section | ||
4.01(d);
| ||
(2) The Authority by ordinance adopted by 9 of its then | ||
Directors
shall establish a formula apportioning any | ||
federal funds for operating assistance
purposes the | ||
Authority receives to each Service Board. In establishing | ||
the
formula, the Board shall consider, among other factors: | ||
ridership levels,
the efficiency with which the service is | ||
provided, the degree of transit
dependence of the area | ||
served and the cost of service. That portion of
any federal | ||
funds for operating assistance received by the Authority | ||
shall
be paid to each Service Board as soon as may be | ||
practicable upon their receipt
provided the Authority has | ||
adopted a balanced budget as required by Section
4.01 and | ||
further provided that the Service Boards are in compliance | ||
with
the requirements in Section 4.11.
| ||
(3) The Authority by ordinance adopted by 9 of its then | ||
Directors shall
apportion to the Service Boards funds | ||
provided by the State of Illinois
under Section 4.09 and | ||
shall make payment of said funds to each Service
Board as | ||
soon as may be practicable upon their receipt provided the | ||
Authority
has adopted a balanced budget as required by | ||
Section 4.01 and further provided
the Service Board is in | ||
compliance with the requirements in Section 4.11.
| ||
(4) Beginning January 1, 2009, before making any | ||
payments, transfers, or expenditures under this subsection | ||
to a Service Board, the Authority must first comply with | ||
Section 4.02a or 4.02b of this Act, whichever may be | ||
applicable.
| ||
(Source: P.A. 83-885; 83-886.)
| ||
(70 ILCS 3615/4.02a new) | ||
Sec. 4.02a. Chicago Transit Authority contributions to | ||
pension funds.
| ||
(a) The Authority shall continually review the Chicago | ||
Transit Authority's payment of the required contributions to | ||
its retirement system under Section 22-101 of the Illinois | ||
Pension Code.
| ||
(b) Beginning January 1, 2009, if at any time the Authority | ||
determines that the Chicago Transit Authority's payment of any | ||
portion of the required contributions to its retirement system | ||
under Section 22-101 of the Illinois Pension Code is more than | ||
one month overdue, it shall as soon as possible pay the amount | ||
of those overdue contributions to the trustee of the retirement | ||
system on behalf of the Chicago Transit Authority out of moneys | ||
otherwise payable to the Chicago Transit Authority under | ||
subsection (c) of Section 4.02 of this Act. The Authority shall | ||
thereafter have no liability to the Chicago Transit Authority | ||
for amounts paid to the trustee of the retirement system under | ||
this Section.
| ||
(c) Whenever the Authority acts or determines that it is | ||
required to act under subsection (b), it shall so notify the | ||
Chicago Transit Authority, the Mayor of Chicago, the Governor, | ||
and the General Assembly.
| ||
(70 ILCS 3615/4.02b new)
| ||
Sec. 4.02b. Other contributions to pension funds. | ||
(a) The Authority shall continually review the payment of | ||
the required employer contributions to affected pension plans | ||
under Section 22-103 of the Illinois Pension Code.
| ||
(b) Beginning January 1, 2009, if at any time the Authority | ||
determines that the Commuter Rail Board's or Suburban Bus | ||
Board's payment of any portion of the required contributions to | ||
an affected pension plan under Section 22-103 of the Illinois | ||
Pension Code is more than one month overdue, it shall as soon | ||
as possible pay the amount of those overdue contributions to | ||
the trustee of the affected pension plan on behalf of that | ||
Service Board out of moneys otherwise payable to that Service | ||
Board under subsection (c) of Section 4.02 of this Act. The | ||
Authority shall thereafter have no liability to the Service | ||
Board for amounts paid to the trustee of the affected pension | ||
plan under this Section.
| ||
(c) Whenever the Authority acts or determines that it is | ||
required to act under subsection (b), it shall so notify the | ||
affected Service Board, the Mayor of Chicago, the Governor, and | ||
the General Assembly.
| ||
(d) Beginning January 1, 2009, if the Authority fails to | ||
pay to an affected pension fund within 30 days after it is due | ||
any employer contribution that it is required to make as a | ||
contributing employer under Section 22-103 of the Illinois | ||
Pension Code, it shall promptly so notify the Commission on | ||
Government Forecasting and Accountability, the Mayor of | ||
Chicago, the Governor, and the General Assembly, and it shall | ||
promptly pay the overdue amount out of the first money | ||
available to the Authority for its administrative expenses, as | ||
that term is defined in Section 4.01(c). | ||
ARTICLE 99. NO ACCELERATION; EFFECTIVE DATE | ||
Section 99-95. No acceleration or delay. Where this Act | ||
makes changes in a statute that is represented in this Act by | ||
text that is not yet or no longer in effect (for example, a | ||
Section represented by multiple versions), the use of that text | ||
does not accelerate or delay the taking effect of (i) the | ||
changes made by this Act or (ii) provisions derived from any | ||
other Public Act.
| ||
Section 99-99. Effective date. This Act takes effect upon | ||
becoming law. | ||