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Public Act 098-0674 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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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 | ||||
FY2015 Budget Implementation Act. | ||||
Section 1-5. Purpose. It is the purpose of this Act to make | ||||
changes in State programs that are necessary to implement the | ||||
Governor's Fiscal Year 2015 budget recommendations. | ||||
ARTICLE 20. AMENDATORY PROVISIONS | ||||
Section 20-5. The I-FLY Act is amended by changing Section | ||||
25 as follows:
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(20 ILCS 3958/25)
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Sec. 25. I-FLY Program.
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(a) The Department shall establish
the I-FLY Program, in | ||||
cooperation with the Commission. The
Program shall consist of | ||||
the following components:
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(1) air carrier recruitment and retention
grants as | ||||
described in subsection (c); and
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(2) planning grants under subsection (d).
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The Department may make grants under this Act only to | ||
airports that are
located
completely outside of Cook County.
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(b) During any one-year period, an airport may receive a | ||
grant for only
one of the 2 components specified in subsection | ||
(a).
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(c) Air carrier recruitment and retention program grants.
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(1) An airport may receive an air carrier
recruitment | ||
and retention program grant from the Department
only if:
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(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 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.
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(B) A grant may be used to guarantee a reduced or
| ||
subsidized consumer ticket price.
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(C) A grant may be used to guarantee a profit goal | ||
established by the
air
carrier and airport.
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(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 80% | ||
of the total
cost of the guarantee and the airport or the | ||
unit of local government in which
the
airport is
located | ||
shall pay 20% of the total
cost of the guarantee. During | ||
the third year
of a grant under this subsection
(c), the | ||
grant shall pay 80% of the total
cost of the guarantee and |
the airport or the unit of local government in which
the
| ||
airport is
located shall pay 20% of the total
cost of the | ||
guarantee.
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(5) The total State funding for a
grant under this | ||
subsection (c) to a particular airport may not exceed
| ||
$1,500,000 $1,000,000 in any year.
| ||
(6) An airport that has received a 3-year 2-year grant
| ||
under this subsection (c) may apply for another grant for | ||
an
additional 3-year 2-year period; however, the | ||
Department shall, in determining
whether to make a grant | ||
for an additional 3-year 2-year period, give priority to | ||
other
airports that have not previously
received a grant | ||
under this subsection (c). The Department shall also
give | ||
priority in making grants under this subsection (c) to | ||
airports at which
the Department determines that a 3-year | ||
2-year grant may result in
the creation of stable and | ||
reliable commercial air
service without an additional | ||
grant.
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(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
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.
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(Source: P.A. 94-839, eff. 6-6-06; 95-744, eff. 7-18-08.)
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Section 20-10. The State Finance Act is amended by changing | ||
Sections 6z-63, 6z-64, 6z-70, 8.3, 8g-1, and 13.2 and by adding | ||
Sections 5.855 and 6z-100 as follows: | ||
(30 ILCS 105/5.855 new) | ||
Sec. 5.855. The Capital Development Board Revolving Fund. | ||
This Section is repealed July 1, 2016. | ||
(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
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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
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(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.
| ||
(e-20) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2010 and through June 30, | ||
2011, 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: | ||
Grade Crossing Protection Fund ...................$55,300 | ||
Financial Institution Fund .......................$10,000 | ||
General Professions Dedicated Fund ...............$11,600 | ||
Illinois Veterans' Rehabilitation Fund ...........$10,800 | ||
State Boating Act Fund ...........................$23,500 | ||
State Parks Fund .................................$21,200 | ||
Agricultural Premium Fund ........................$55,400 | ||
Fire Prevention Fund .............................$46,100 | ||
Mental Health Fund ...............................$45,200 | ||
Illinois State Pharmacy Disciplinary Fund ...........$300 | ||
Radiation Protection Fund ........................$12,900 | ||
Solid Waste Management Fund ......................$48,100 | ||
Illinois Gaming Law Enforcement Fund ..............$2,900 |
Subtitle D Management Fund ........................$6,300 | ||
Illinois State Medical Disciplinary Fund ..........$9,200 | ||
Weights and Measures Fund .........................$6,700 | ||
Violence Prevention Fund ..........................$4,000 | ||
Capital Development Board Revolving Fund ..........$7,900 | ||
DCFS Children's Services Fund ...................$804,800 | ||
Illinois Health Facilities Planning Fund ..........$4,000 | ||
Emergency Public Health Fund ......................$7,600 | ||
Nursing Dedicated and Professional Fund ...........$5,600 | ||
State Rail Freight Loan Repayment Fund ............$1,700 | ||
Drunk and Drugged Driving Prevention Fund .........$4,600 | ||
Community Water Supply Laboratory Fund ............$3,100 | ||
Used Tire Management Fund ........................$15,200 | ||
Natural Areas Acquisition Fund ...................$33,400 | ||
Open Space Lands Acquisition | ||
and Development Fund .........................$62,100 | ||
Working Capital Revolving Fund ...................$91,700 | ||
State Garage Revolving Fund ......................$89,600 | ||
Statistical Services Revolving Fund .............$277,700 | ||
Communications Revolving Fund ...................$248,100 | ||
Facilities Management Revolving Fund ............$472,600 | ||
Public Health Laboratory Services | ||
Revolving Fund ................................$5,900 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund ............................$7,900 | ||
Drug Treatment Fund ...............................$8,700 |
Tax Compliance and Administration Fund ............$8,300 | ||
Trauma Center Fund ...............................$34,800 | ||
Illinois State Fair Fund .........................$12,700 | ||
Department of Corrections | ||
Reimbursement and Education Fund .............$77,600 | ||
Illinois Historic Sites Fund ......................$4,200 | ||
Pesticide Control Fund ............................$7,000 | ||
Partners for Conservation Fund ...................$25,000 | ||
International Tourism Fund .......................$14,100 | ||
Horse Racing Fund ................................$14,800 | ||
Motor Carrier Safety Inspection Fund ..............$4,500 | ||
Illinois Standardbred Breeders Fund ...............$3,400 | ||
Illinois Thoroughbred Breeders Fund ...............$5,200 | ||
Illinois Clean Water Fund ........................$19,400 | ||
Child Support Administrative Fund ...............$398,000 | ||
Tourism Promotion Fund ...........................$75,300 | ||
Digital Divide Elimination Fund ..................$11,800 | ||
Presidential Library and Museum Operating Fund ...$25,900 | ||
Medical Special Purposes Trust Fund ..............$10,800 | ||
Dram Shop Fund ...................................$12,700 | ||
Cycle Rider Safety Training Fund ..................$7,100 | ||
State Police Services Fund .......................$43,600 | ||
Metabolic Screening and Treatment Fund ...........$23,900 | ||
Insurance Producer Administration Fund ...........$16,800 | ||
Coal Technology Development Assistance Fund ......$43,700 | ||
Environmental Protection Permit |
and Inspection Fund ..........................$21,600 | ||
Park and Conservation Fund .......................$38,100 | ||
Local Tourism Fund ...............................$31,800 | ||
Illinois Capital Revolving Loan Fund ..............$5,800 | ||
Large Business Attraction Fund ......................$300 | ||
Adeline Jay Geo-Karis Illinois | ||
Beach Marina Fund .............................$5,000 | ||
Insurance Financial Regulation Fund ..............$23,000 | ||
Total $3,547,900 | ||
(e-25) 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 as follows: | ||
General Revenue Fund ..........................$4,600,000 | ||
Road Fund .....................................$4,852,500 | ||
Total $9,452,500 | ||
One fourth of the specified amount shall be transferred on | ||
each of July 1 and October 1, 2010, or as soon as may be | ||
practical thereafter, and one half of the specified amount | ||
shall be transferred on January 1, 2011, or as soon as may be | ||
practical thereafter. | ||
(e-30) 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 as follows: | ||
General Revenue Fund ..........................$4,600,000 | ||
One-fourth of the specified amount shall be transferred on | ||
each of July 1 and October 1, 2011, or as soon as may be | ||
practical thereafter, and one-half of the specified amount | ||
shall be transferred on January 1, 2012, or as soon as may be | ||
practical thereafter. | ||
(e-35) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2013 and through June 30, | ||
2014, 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: | ||
Financial Institution Fund ........................$2,500 | ||
General Professions Dedicated Fund ................$2,000 | ||
Illinois Veterans' Rehabilitation Fund .............$2,300 | ||
State Boating Act Fund .............................$5,500 | ||
State Parks Fund ...................................$4,800 | ||
Agricultural Premium Fund ..........................$9,900 | ||
Fire Prevention Fund ..............................$10,300 | ||
Mental Health Fund ................................$14,000 | ||
Illinois State Pharmacy Disciplinary Fund ...........$600 |
Radiation Protection Fund ..........................$3,400 | ||
Solid Waste Management Fund ........................$7,600 | ||
Illinois Gaming Law Enforcement Fund .................$800 | ||
Subtitle D Management Fund ...........................$700 | ||
Illinois State Medical Disciplinary Fund ...........$2,000 | ||
Weights and Measures Fund .........................$20,300 | ||
ICJIA Violence Prevention Fund .......................$900 | ||
Capital Development Board Revolving Fund ...........$3,100 | ||
DCFS Children's Services Fund ....................$175,500 | ||
Illinois Health Facilities Planning Fund .............$800 | ||
Emergency Public Health Fund .......................$1,400 | ||
Nursing Dedicated and Professional Fund ............$1,200 | ||
State Rail Freight Loan Repayment Fund .............$2,300 | ||
Drunk and Drugged Driving Prevention Fund ............$800 | ||
Community Water Supply Laboratory Fund ...............$500 | ||
Used Tire Management Fund .........................$2,700 | ||
Natural Areas Acquisition Fund .....................$3,000 | ||
Open Space Lands Acquisition and Development Fund ..$7,300 | ||
Working Capital Revolving Fund ....................$22,900 | ||
State Garage Revolving Fund .......................$22,100 | ||
Statistical Services Revolving Fund ...............$67,100 | ||
Communications Revolving Fund .....................$56,900 | ||
Facilities Management Revolving Fund ..............$84,400 | ||
Public Health Laboratory Services Revolving Fund ....$300 | ||
Lead Poisoning Screening, Prevention, and | ||
Abatement Fund .................................$1,300 |
Tax Compliance and Administration Fund .............$1,700 | ||
Illinois State Fair Fund ...........................$2,300 | ||
Department of Corrections
Reimbursement | ||
and Education Fund ...........................$14,700 | ||
Illinois Historic Sites Fund .........................$900 | ||
Pesticide Control Fund .............................$2,000 | ||
Partners for Conservation Fund .....................$3,300 | ||
International Tourism Fund .........................$1,200 | ||
Horse Racing Fund ..................................$3,100 | ||
Motor Carrier Safety Inspection Fund ...............$1,000 | ||
Illinois Thoroughbred Breeders Fund ................$1,000 | ||
Illinois Clean Water Fund ..........................$7,400 | ||
Child Support Administrative Fund .................$82,100 | ||
Tourism Promotion Fund ............................$15,200 | ||
Presidential Library and Museum | ||
Operating Fund .................................$4,600 | ||
Dram Shop Fund .....................................$3,200 | ||
Cycle Rider Safety Training Fund ...................$2,100 | ||
State Police Services Fund .........................$8,500 | ||
Metabolic Screening and Treatment Fund .............$6,000 | ||
Insurance Producer Administration Fund .............$6,700 | ||
Coal Technology Development Assistance Fund ........$6,900 | ||
Environmental Protection Permit | ||
and Inspection Fund ...........................$3,800 | ||
Park and Conservation Fund .........................$7,500 | ||
Local Tourism Fund .................................$5,100 |
Illinois Capital Revolving Loan Fund .................$400 | ||
Adeline Jay Geo-Karis Illinois | ||
Beach Marina Fund ...............................$500 | ||
Insurance Financial Regulation Fund ................$8,200 | ||
Total $740,600 | ||
(e-40) 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 as follows: | ||
General Revenue Fund ...........................$6,000,000 | ||
Road Fund ......................................$1,161,700 | ||
Total $7,161,700 | ||
(e-45) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2014 and through June 30, | ||
2015, 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: | ||
Financial Institution Fund .........................$2,500 | ||
General Professions Dedicated Fund .................$2,000 | ||
Illinois Veterans' Rehabilitation Fund .............$2,300 | ||
State Boating Act Fund .............................$5,500 |
State Parks Fund ...................................$4,800 | ||
Agricultural Premium Fund ..........................$9,900 | ||
Fire Prevention Fund ..............................$10,300 | ||
Mental Health Fund ................................$14,000 | ||
Illinois State Pharmacy Disciplinary Fund ............$600 | ||
Radiation Protection Fund ..........................$3,400 | ||
Solid Waste Management Fund ........................$7,600 | ||
Illinois Gaming Law Enforcement Fund .................$800 | ||
Subtitle D Management Fund ...........................$700 | ||
Illinois State Medical Disciplinary Fund ...........$2,000 | ||
Weights and Measures Fund .........................$20,300 | ||
ICJIA Violence Prevention Fund .......................$900 | ||
Capital Development Board Revolving Fund ...........$3,100 | ||
DCFS Children's Services Fund ....................$175,500 | ||
Illinois Health Facilities Planning Fund .............$800 | ||
Emergency Public Health Fund .......................$1,400 | ||
Nursing Dedicated and Professional Fund ............$1,200 | ||
State Rail Freight Loan Repayment Fund .............$2,300 | ||
Drunk and Drugged Driving Prevention Fund ............$800 | ||
Community Water Supply Laboratory Fund ...............$500 | ||
Used Tire Management Fund ..........................$2,700 | ||
Natural Areas Acquisition Fund .....................$3,000 | ||
Open Space Lands Acquisition | ||
and Development Fund ...........................$7,300 | ||
Working Capital Revolving Fund ....................$22,900 | ||
State Garage Revolving Fund .......................$22,100 |
Statistical Services Revolving Fund ...............$67,100 | ||
Communications Revolving Fund .....................$56,900 | ||
Facilities Management Revolving Fund ..............$84,400 | ||
Public Health Laboratory Services | ||
Revolving Fund ...................................$300 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund .............................$1,300 | ||
Tax Compliance and Administration Fund .............$1,700 | ||
Illinois State Fair Fund ...........................$2,300 | ||
Department of Corrections | ||
Reimbursement and Education Fund ..............$14,700 | ||
Illinois Historic Sites Fund .........................$900 | ||
Pesticide Control Fund .............................$2,000 | ||
Partners for Conservation Fund .....................$3,300 | ||
International Tourism Fund .........................$1,200 | ||
Horse Racing Fund ..................................$3,100 | ||
Motor Carrier Safety Inspection Fund ...............$1,000 | ||
Illinois Thoroughbred Breeders Fund ................$1,000 | ||
Illinois Clean Water Fund ..........................$7,400 | ||
Child Support Administrative Fund .................$82,100 | ||
Tourism Promotion Fund ............................$15,200 | ||
Presidential Library and Museum Operating Fund .....$4,600 | ||
Dram Shop Fund .....................................$3,200 | ||
Cycle Rider Safety Training Fund ...................$2,100 | ||
State Police Services Fund .........................$8,500 | ||
Metabolic Screening and Treatment Fund .............$6,000 |
Insurance Producer Administration Fund .............$6,700 | ||
Coal Technology Development Assistance Fund ........$6,900 | ||
Environmental Protection Permit | ||
and Inspection Fund ............................$3,800 | ||
Park and Conservation Fund .........................$7,500 | ||
Local Tourism Fund .................................$5,100 | ||
Illinois Capital Revolving Loan Fund .................$400 | ||
Adeline Jay Geo-Karis Illinois | ||
Beach Marina Fund ................................$500 | ||
Insurance Financial Regulation Fund ................$8,200 | ||
Total $740,600 | ||
(e-50) 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 fund specified into the | ||
Professional Services Fund according to the schedule specified | ||
as follows: | ||
Road Fund ......................................$1,161,700 | ||
One-fourth of the specified amount shall be transferred on | ||
each of July 1 and October 1, 2014, or as soon as may be | ||
practical thereafter, and one-half of the specified amount | ||
shall be transferred on January 1, 2015, 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. 97-641, eff. 12-19-11; 98-24, eff. 6-19-13.) | ||
(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, not subject to fiscal year limitations, 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 to State agencies and universities for the | ||
cost of workers' compensation services 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 (and, beginning January 1, 2013, fees and charges | ||
made pursuant to a contract with a private vendor) incurred | ||
in providing workers' compensation services. The | ||
Department, or any successor agency designated to enter | ||
into contracts with one or more private vendors for the | ||
administration of the workers' compensation program for | ||
State employees pursuant to subsection 10b of Section | ||
405-105 of the Department of Central Management Services | ||
Law of the Civil Administrative Code of Illinois, is | ||
authorized to establish one or more special funds, as | ||
separate accounts provided by any bank or banks as defined | ||
by the Illinois Banking Act, any savings and loan | ||
association or associations as defined by the Illinois | ||
Savings and Loan Act of 1985, or any credit union as | ||
defined by the Illinois Credit Union Act, to be held by the | ||
Director outside of the State treasury, for the purpose of |
receiving the transfer of moneys from the Workers' | ||
Compensation Revolving Fund. The Department may promulgate | ||
rules further defining the methodology for the transfers. | ||
Any interest earned by moneys in the funds or accounts | ||
shall be deposited into the Workers' Compensation | ||
Revolving Fund. The transferred moneys, and interest | ||
accrued thereon, shall be used exclusively for transfers to | ||
contracted private vendors or their financial institutions | ||
for payments to workers' compensation claimants and | ||
providers for workers' compensation services, claims, and | ||
benefits pursuant to this Section and subsection 9 of | ||
Section 405-105 of the Department of Central Management | ||
Services Law of the Civil Administrative Code of Illinois. | ||
The transferred moneys, and interest accrued thereon, | ||
shall not be used for any other purpose including, but not | ||
limited to, reimbursement or payment of administrative | ||
fees due the contracted vendor pursuant to its contract or | ||
contracts with the Department. | ||
(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
| ||
(d-25) 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, 2009, 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 .........................$55,000,000 | ||
Road Fund ....................................$34,803,000 | ||
Total $89,803,000 | ||
(d-30) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2009 and until June 30, 2010, | ||
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: | ||
Food and Drug Safety Fund .........................$13,900 | ||
Teacher Certificate Fee Revolving Fund .............$6,500 | ||
Transportation Regulatory Fund ....................$14,500 | ||
Financial Institution Fund ........................$25,200 |
General Professions Dedicated Fund ................$25,300 | ||
Illinois Veterans' Rehabilitation Fund ............$64,600 | ||
State Boating Act Fund ...........................$177,100 | ||
State Parks Fund .................................$104,300 | ||
Lobbyist Registration Administration Fund .........$14,400 | ||
Agricultural Premium Fund .........................$79,100 | ||
Fire Prevention Fund .............................$360,200 | ||
Mental Health Fund .............................$9,725,200 | ||
Illinois State Pharmacy Disciplinary Fund ..........$5,600 | ||
Public Utility Fund ...............................$40,900 | ||
Radiation Protection Fund .........................$14,200 | ||
Firearm Owner's Notification Fund ..................$1,300 | ||
Solid Waste Management Fund .......................$74,100 | ||
Illinois Gaming Law Enforcement Fund ..............$17,800 | ||
Subtitle D Management Fund ........................$14,100 | ||
Illinois State Medical Disciplinary Fund ..........$26,500 | ||
Facility Licensing Fund ...........................$11,700 | ||
Plugging and Restoration Fund ......................$9,100 | ||
Explosives Regulatory Fund .........................$2,300 | ||
Aggregate Operations Regulatory Fund ...............$5,000 | ||
Coal Mining Regulatory Fund ........................$1,900 | ||
Registered Certified Public Accountants' | ||
Administration and Disciplinary Fund ...........$1,500 | ||
Weights and Measures Fund .........................$56,100 | ||
Division of Corporations Registered | ||
Limited Liability Partnership Fund .............$3,900 |
Illinois School Asbestos Abatement Fund ...........$14,000 | ||
Secretary of State Special License Plate Fund .....$30,700 | ||
Capital Development Board Revolving Fund ..........$27,000 | ||
DCFS Children's Services Fund .....................$69,300 | ||
Asbestos Abatement Fund ...........................$17,200 | ||
Illinois Health Facilities Planning Fund ..........$26,800 | ||
Emergency Public Health Fund .......................$5,600 | ||
Nursing Dedicated and Professional Fund ...........$10,000 | ||
Optometric Licensing and Disciplinary | ||
Board Fund .....................................$1,600 | ||
Underground Resources Conservation | ||
Enforcement Fund ..............................$11,500 | ||
Drunk and Drugged Driving Prevention Fund .........$18,200 | ||
Long Term Care Monitor/Receiver Fund ..............$35,400 | ||
Community Water Supply Laboratory Fund .............$5,600 | ||
Securities Investors Education Fund ................$2,000 | ||
Used Tire Management Fund .........................$32,400 | ||
Natural Areas Acquisition Fund ...................$101,200 | ||
Open Space Lands Acquisition | ||
and
Development Fund ..................$28,400 | ||
Working Capital Revolving Fund ...................$489,100 | ||
State Garage Revolving Fund ......................$791,900 | ||
Statistical Services Revolving Fund ............$3,984,700 | ||
Communications Revolving Fund ..................$1,432,800 | ||
Facilities Management Revolving Fund ...........$1,911,600 | ||
Professional Services Fund .......................$483,600 |
Motor Vehicle Review Board Fund ...................$15,000 | ||
Environmental Laboratory Certification Fund ........$3,000 | ||
Public Health Laboratory Services | ||
Revolving Fund .................................$2,500 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund ............................$28,200 | ||
Securities Audit and Enforcement Fund ............$258,400 | ||
Department of Business Services | ||
Special Operations Fund ......................$111,900 | ||
Feed Control Fund .................................$20,800 | ||
Tanning Facility Permit Fund .......................$5,400 | ||
Plumbing Licensure and Program Fund ...............$24,400 | ||
Tax Compliance and Administration Fund ............$27,200 | ||
Appraisal Administration Fund ......................$2,400 | ||
Small Business Environmental Assistance Fund .......$2,200 | ||
Illinois State Fair Fund ..........................$31,400 | ||
Secretary of State Special Services Fund .........$317,600 | ||
Department of Corrections Reimbursement | ||
and Education Fund ...........................$324,500 | ||
Health Facility Plan Review Fund ..................$31,200 | ||
Illinois Historic Sites Fund ......................$11,500 | ||
Attorney General Court Ordered and Voluntary | ||
Compliance Payment Projects Fund ..............$18,500 | ||
Public Pension Regulation Fund .....................$5,600 | ||
Illinois Charity Bureau Fund ......................$11,400 | ||
Renewable Energy Resources Trust Fund ..............$6,700 |
Energy Efficiency Trust Fund .......................$3,600 | ||
Pesticide Control Fund ............................$56,800 | ||
Attorney General Whistleblower Reward | ||
and Protection Fund ...........................$14,200 | ||
Partners for Conservation Fund ....................$36,900 | ||
Capital Litigation Trust Fund ........................$800 | ||
Motor Vehicle License Plate Fund ..................$99,700 | ||
Horse Racing Fund .................................$18,900 | ||
Death Certificate Surcharge Fund ..................$12,800 | ||
Auction Regulation Administration Fund ...............$500 | ||
Motor Carrier Safety Inspection Fund ..............$55,800 | ||
Assisted Living and Shared Housing | ||
Regulatory Fund ..................................$900 | ||
Illinois Thoroughbred Breeders Fund ................$9,200 | ||
Illinois Clean Water Fund .........................$42,300 | ||
Secretary of State DUI Administration Fund ........$16,100 | ||
Child Support Administrative Fund ..............$1,037,900 | ||
Secretary of State Police Services Fund ............$1,200 | ||
Tourism Promotion Fund ............................$34,400 | ||
IMSA Income Fund ..................................$12,700 | ||
Presidential Library and Museum Operating Fund ....$83,000 | ||
Dram Shop Fund ....................................$44,500 | ||
Illinois State Dental Disciplinary Fund ............$5,700 | ||
Cycle Rider Safety Training Fund ...................$8,700 | ||
Traffic and Criminal Conviction Surcharge Fund ...$106,100 | ||
Design Professionals Administration |
and Investigation Fund .........................$4,500 | ||
State Police Services Fund .......................$276,100 | ||
Metabolic Screening and Treatment Fund ............$90,800 | ||
Insurance Producer Administration Fund ............$45,600 | ||
Coal Technology Development Assistance Fund .......$11,700 | ||
Hearing Instrument Dispenser Examining | ||
and Disciplinary Fund ..........................$1,900 | ||
Low-Level Radioactive Waste Facility | ||
Development and Operation Fund .................$1,000 | ||
Environmental Protection Permit and | ||
Inspection Fund ...............................$66,900 | ||
Park and Conservation Fund .......................$199,300 | ||
Local Tourism Fund .................................$2,400 | ||
Illinois Capital Revolving Loan Fund ..............$10,000 | ||
Large Business Attraction Fund .......................$100 | ||
Adeline Jay Geo-Karis Illinois Beach | ||
Marina Fund ...................................$27,200 | ||
Public Infrastructure Construction | ||
Loan Revolving Fund ............................$1,700 | ||
Insurance Financial Regulation Fund ...............$69,200 | ||
Total $24,197,800 | ||
(d-35) 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, 2010, 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 .........................$55,000,000 | ||
Road Fund ....................................$50,955,300 | ||
Total $105,955,300 | ||
(d-40) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2010 and until June 30, 2011, | ||
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: | ||
Food and Drug Safety Fund .........................$8,700 | ||
Financial Institution Fund .......................$44,500 | ||
General Professions Dedicated Fund ...............$51,400 | ||
Live and Learn Fund ..............................$10,900 | ||
Illinois Veterans' Rehabilitation Fund ..........$106,000 | ||
State Boating Act Fund ..........................$288,200 | ||
State Parks Fund ................................$185,900 | ||
Wildlife and Fish Fund ........................$1,550,300 | ||
Lobbyist Registration Administration Fund ........$18,100 | ||
Agricultural Premium Fund .......................$176,100 | ||
Mental Health Fund ..............................$291,900 | ||
Firearm Owner's Notification Fund .................$2,300 | ||
Illinois Gaming Law Enforcement Fund .............$11,300 |
Illinois State Medical Disciplinary Fund .........$42,300 | ||
Facility Licensing Fund ..........................$14,200 | ||
Plugging and Restoration Fund ....................$15,600 | ||
Explosives Regulatory Fund ........................$4,800 | ||
Aggregate Operations Regulatory Fund ..............$6,000 | ||
Coal Mining Regulatory Fund .......................$7,200 | ||
Registered Certified Public Accountants' | ||
Administration and Disciplinary Fund ..........$1,900 | ||
Weights and Measures Fund .......................$105,200 | ||
Division of Corporations Registered | ||
Limited Liability Partnership Fund ............$5,300 | ||
Illinois School Asbestos Abatement Fund ..........$19,900 | ||
Secretary of State Special License Plate Fund ....$38,700 | ||
DCFS Children's Services Fund ...................$123,100 | ||
Illinois Health Facilities Planning Fund .........$29,700 | ||
Emergency Public Health Fund ......................$6,800 | ||
Nursing Dedicated and Professional Fund ..........$13,500 | ||
Optometric Licensing and Disciplinary | ||
Board Fund ....................................$1,800 | ||
Underground Resources Conservation | ||
Enforcement Fund .............................$16,500 | ||
Mandatory Arbitration Fund ........................$5,400 | ||
Drunk and Drugged Driving Prevention Fund ........$26,400 | ||
Long Term Care Monitor/Receiver Fund .............$43,800 | ||
Securities Investors Education Fund ..............$28,500 | ||
Used Tire Management Fund .........................$6,300 |
Natural Areas Acquisition Fund ..................$185,000 | ||
Open Space Lands Acquisition and | ||
Development Fund .............................$46,800 | ||
Working Capital Revolving Fund ..................$741,500 | ||
State Garage Revolving Fund .....................$356,200 | ||
Statistical Services Revolving Fund ...........$1,775,900 | ||
Communications Revolving Fund ...................$630,600 | ||
Facilities Management Revolving Fund ............$870,800 | ||
Professional Services Fund ......................$275,500 | ||
Motor Vehicle Review Board Fund ..................$12,900 | ||
Public Health Laboratory Services | ||
Revolving Fund ................................$5,300 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund ...........................$42,100 | ||
Securities Audit and Enforcement Fund ...........$162,700 | ||
Department of Business Services | ||
Special Operations Fund .....................$143,700 | ||
Feed Control Fund ................................$32,300 | ||
Tanning Facility Permit Fund ......................$3,900 | ||
Plumbing Licensure and Program Fund ..............$32,600 | ||
Tax Compliance and Administration Fund ...........$48,400 | ||
Appraisal Administration Fund .....................$3,600 | ||
Illinois State Fair Fund .........................$30,200 | ||
Secretary of State Special Services Fund ........$214,400 | ||
Department of Corrections Reimbursement | ||
and Education Fund ..........................$438,300 |
Health Facility Plan Review Fund .................$29,900 | ||
Public Pension Regulation Fund ....................$9,900 | ||
Pesticide Control Fund ..........................$107,500 | ||
Partners for Conservation Fund ..................$189,300 | ||
Motor Vehicle License Plate Fund ................$143,800 | ||
Horse Racing Fund ................................$20,900 | ||
Death Certificate Surcharge Fund .................$16,800 | ||
Auction Regulation Administration Fund ............$1,000 | ||
Motor Carrier Safety Inspection Fund .............$56,800 | ||
Assisted Living and Shared Housing | ||
Regulatory Fund ...............................$2,200 | ||
Illinois Thoroughbred Breeders Fund ..............$18,100 | ||
Secretary of State DUI Administration Fund .......$19,800 | ||
Child Support Administrative Fund .............$1,809,500 | ||
Secretary of State Police Services Fund ...........$2,500 | ||
Medical Special Purposes Trust Fund ..............$20,400 | ||
Dram Shop Fund ...................................$57,200 | ||
Illinois State Dental Disciplinary Fund ...........$9,500 | ||
Cycle Rider Safety Training Fund .................$12,200 | ||
Traffic and Criminal Conviction Surcharge Fund ..$128,900 | ||
Design Professionals Administration | ||
and Investigation Fund ........................$7,300 | ||
State Police Services Fund ......................$335,700 | ||
Metabolic Screening and Treatment Fund ...........$81,600 | ||
Insurance Producer Administration Fund ...........$77,000 | ||
Hearing Instrument Dispenser Examining |
and Disciplinary Fund .........................$1,900 | ||
Park and Conservation Fund ......................$361,500 | ||
Adeline Jay Geo-Karis Illinois Beach | ||
Marina Fund ..................................$42,800 | ||
Insurance Financial Regulation Fund .............$108,000 | ||
Total $13,033,200 | ||
(d-45) 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, 2011, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer the sum of $45,000,000 from | ||
the General Revenue Fund into the Workers' Compensation | ||
Revolving Fund. | ||
(d-50) 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, 2014, or as soon as may be | ||
practical thereafter, the State Comptroller shall direct and | ||
the State Treasurer shall transfer from the designated fund | ||
into the Workers' Compensation Revolving Fund the following | ||
amounts: | ||
Road Fund .....................................$19,714,700 | ||
(d-55) Notwithstanding any other provision of State law to | ||
the contrary, on or after July 1, 2014 and until June 30, 2015, | ||
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: | ||
Food and Drug Safety Fund ..........................$5,300 | ||
Teacher Certificate Fee Revolving Fund .............$2,100 | ||
Transportation Regulatory Fund .....................$5,500 | ||
Financial Institution Fund ........................$28,400 | ||
General Professions Dedicated Fund ................$21,600 | ||
Illinois Veterans' Rehabilitation Fund ............$53,200 | ||
State Boating Act Fund ...........................$117,500 | ||
State Parks Fund ..................................$82,400 | ||
Wildlife and Fish Fund ...........................$631,500 | ||
Lobbyist Registration Administration Fund .........$12,200 | ||
Agricultural Premium Fund .........................$43,400 | ||
Fire Prevention Fund .............................$194,800 | ||
Mental Health Fund ...............................$114,800 | ||
Illinois State Pharmacy Disciplinary Fund ..........$6,700 | ||
Public Utility Fund ...............................$13,900 | ||
Radiation Protection Fund .........................$21,600 | ||
Firearm Owner's Notification Fund ..................$3,100 | ||
Solid Waste Management Fund .......................$76,300 | ||
Illinois Gaming Law Enforcement Fund ...............$7,500 | ||
Subtitle D Management Fund .........................$6,900 | ||
Illinois State Medical Disciplinary Fund ..........$22,300 | ||
Facility Licensing Fund ............................$5,200 | ||
Plugging and Restoration Fund ......................$8,900 |
Explosives Regulatory Fund .........................$1,500 | ||
Aggregate Operations Regulatory Fund ...............$2,400 | ||
Coal Mining Regulatory Fund .......................$49,400 | ||
Registered Certified Public Accountants' | ||
Administration and Disciplinary Fund ...........$1,200 | ||
Weights and Measures Fund .........................$52,600 | ||
Division of Corporations Registered | ||
Limited Liability Partnership Fund .............$1,800 | ||
Illinois School Asbestos Abatement Fund ............$4,600 | ||
Secretary of State Special License Plate Fund .....$11,800 | ||
Capital Development Board Revolving Fund ...........$4,100 | ||
DCFS Children's Services Fund .....................$63,500 | ||
Asbestos Abatement Fund ............................$6,400 | ||
Illinois Health Facilities Planning Fund ..........$12,200 | ||
Emergency Public Health Fund .......................$3,300 | ||
Nursing Dedicated and Professional Fund ............$9,200 | ||
Optometric Licensing and Disciplinary | ||
Board Fund .......................................$900 | ||
Underground Resources Conservation | ||
Enforcement Fund ..............................$10,500 | ||
Mandatory Arbitration Fund ...........................$600 | ||
Drunk and Drugged Driving Prevention Fund .........$11,600 | ||
Long Term Care Monitor/Receiver Fund ..............$34,200 | ||
Community Water Supply Laboratory Fund .............$3,900 | ||
Securities Investors Education Fund ................$1,100 | ||
Used Tire Management Fund .........................$26,700 |
Natural Areas Acquisition Fund ....................$72,300 | ||
Open Space Lands Acquisition and | ||
Development Fund ..............................$20,500 | ||
Working Capital Revolving Fund ...................$487,900 | ||
State Garage Revolving Fund ......................$197,300 | ||
Statistical Services Revolving Fund ..............$812,500 | ||
Communications Revolving Fund ....................$317,000 | ||
Facilities Management Revolving Fund .............$400,700 | ||
Professional Services Fund ........................$71,100 | ||
Motor Vehicle Review Board Fund ....................$4,800 | ||
Environmental Laboratory Certification Fund ........$2,400 | ||
Lead Poisoning Screening, Prevention, | ||
and Abatement Fund ............................$15,700 | ||
Securities Audit and Enforcement Fund ............$125,000 | ||
Department of Business Services | ||
Special Operations Fund .......................$60,000 | ||
Feed Control Fund .................................$19,600 | ||
Tanning Facility Permit Fund .........................$100 | ||
Plumbing Licensure and Program Fund ...............$12,000 | ||
Tax Compliance and Administration Fund ............$19,500 | ||
Appraisal Administration Fund ......................$2,400 | ||
Small Business Environmental Assistance Fund .......$6,000 | ||
Illinois State Fair Fund .............................$700 | ||
Secretary of State Special Services Fund ..........$90,800 | ||
Department of Corrections Reimbursement | ||
and Education Fund ...........................$293,300 |
Health Facility Plan Review Fund ..................$12,500 | ||
Illinois Historic Sites Fund ......................$19,000 | ||
Attorney General Court Ordered and Voluntary | ||
Compliance Payment Projects Fund ..............$17,900 | ||
Public Pension Regulation Fund .....................$2,000 | ||
Illinois Charity Bureau Fund .......................$4,000 | ||
Renewable Energy Resources Trust Fund ..............$8,800 | ||
Energy Efficiency Trust Fund .......................$5,200 | ||
Pesticide Control Fund ............................$52,900 | ||
Attorney General Whistleblower Reward | ||
and Protection Fund ...........................$10,300 | ||
Partners for Conservation Fund ....................$37,700 | ||
Motor Vehicle License Plate Fund ..................$11,500 | ||
Death Certificate Surcharge Fund ...................$1,000 | ||
Motor Carrier Safety Inspection Fund ..............$25,900 | ||
Assisted Living and Shared Housing | ||
Regulatory Fund ................................$2,300 | ||
Illinois Thoroughbred Breeders Fund ................$7,100 | ||
Illinois Clean Water Fund .........................$72,200 | ||
Secretary of State DUI Administration Fund .........$7,700 | ||
Child Support Administrative Fund ................$744,000 | ||
Secretary of State Police Services Fund ..............$600 | ||
Tourism Promotion Fund ............................$98,100 | ||
IMSA Income Fund ..................................$12,800 | ||
Presidential Library and Museum | ||
Operating Fund ...............................$145,800 |
Dram Shop Fund ....................................$35,600 | ||
Illinois State Dental Disciplinary Fund ............$4,100 | ||
Cycle Rider Safety Training Fund ...................$9,500 | ||
Traffic and Criminal Conviction Surcharge Fund ....$53,100 | ||
Design Professionals Administration | ||
and Investigation Fund .........................$4,200 | ||
State Police Services Fund .......................$123,100 | ||
Metabolic Screening and Treatment Fund ............$42,700 | ||
Insurance Producer Administration Fund ............$18,300 | ||
Coal Technology Development Assistance Fund .......$22,500 | ||
Violent Crime Victims Assistance Fund ..............$4,700 | ||
Hearing Instrument Dispenser Examining | ||
and Disciplinary Fund ............................$500 | ||
Low-Level Radioactive Waste Facility | ||
Development and Operation Fund .................$1,700 | ||
Environmental Protection Permit | ||
and Inspection Fund ...........................$45,300 | ||
Park and Conservation Fund .......................$165,700 | ||
Illinois Capital Revolving Loan Fund ..............$14,800 | ||
Adeline Jay Geo-Karis Illinois Beach | ||
Marina Fund ......................................$800 | ||
Insurance Financial Regulation Fund ...............$23,800 | ||
Total $6,699,900 | ||
(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. 97-641, eff. 12-19-11; 97-895, eff. 8-3-12; | ||
98-307, eff. 8-12-13.) | ||
(30 ILCS 105/6z-70) | ||
Sec. 6z-70. The Secretary of State Identification Security | ||
and Theft Prevention Fund. | ||
(a) The Secretary of State Identification Security and | ||
Theft Prevention Fund is created as a special fund in the State | ||
treasury. The Fund shall consist of any fund transfers, grants, | ||
fees, or moneys from other sources received for the purpose of | ||
funding identification security and theft prevention measures. | ||
(b) All moneys in the Secretary of State Identification | ||
Security and Theft Prevention Fund shall be used, subject to | ||
appropriation, for any costs related to implementing | ||
identification security and theft prevention measures. | ||
(c) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2007, and until June 30, 2008, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: | ||
Lobbyist Registration Administration Fund .......$100,000 |
Registered Limited Liability Partnership Fund ....$75,000 | ||
Securities Investors Education Fund .............$500,000 | ||
Securities Audit and Enforcement Fund .........$5,725,000 | ||
Department of Business Services | ||
Special Operations Fund .......................$3,000,000 | ||
Corporate Franchise Tax Refund Fund ..........$3,000,000.
| ||
(d) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2008, and until June 30, 2009, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: | ||
Lobbyist Registration Administration Fund ........$100,000 | ||
Registered Limited Liability Partnership Fund .....$75,000 | ||
Securities Investors Education Fund ..............$500,000 | ||
Securities Audit and Enforcement Fund ..........$5,725,000 | ||
Department of Business Services | ||
Special Operations Fund ...................$3,000,000 | ||
Corporate Franchise Tax Refund Fund ............$3,000,000 | ||
State Parking Facility Maintenance Fund .........$100,000 | ||
(e) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2009, and until June 30, 2010, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary |
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: | ||
Lobbyist Registration Administration Fund .......$100,000 | ||
Registered Limited Liability Partnership Fund ...$175,000 | ||
Securities Investors Education Fund .............$750,000 | ||
Securities Audit and Enforcement Fund ...........$750,000 | ||
Department of Business Services | ||
Special Operations Fund ...................$3,000,000 | ||
Corporate Franchise Tax Refund Fund ...........$3,000,000 | ||
State Parking Facility Maintenance Fund .........$100,000 | ||
(f) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2010, and until June 30, 2011, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: | ||
Registered Limited Liability Partnership Fund ...$287,000 | ||
Securities Investors Education Board ............$750,000 | ||
Securities Audit and Enforcement Fund ...........$750,000 | ||
Department of Business Services Special | ||
Operations Fund ...........................$3,000,000 | ||
Corporate Franchise Tax Refund Fund ...........$3,000,000 |
(g) Notwithstanding any other provision of State law to the | ||
contrary, on or after July 1, 2011, and until June 30, 2012, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: | ||
Division of Corporations Registered | ||
Limited Liability Partnership Fund ...........$287,000 | ||
Securities Investors Education Fund ..............$750,000 | ||
Securities Audit and Enforcement Fund ..........$3,500,000 | ||
Department of Business Services | ||
Special Operations Fund ....................$3,000,000 | ||
Corporate Franchise Tax Refund Fund ...........$3,000,000 | ||
(h) Notwithstanding any other provision of State law to the | ||
contrary, on or after the effective date of this amendatory Act | ||
of the 98th General Assembly, and until June 30, 2014, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification from the | ||
Secretary of State, the State Comptroller shall direct and the | ||
State Treasurer shall transfer amounts into the Secretary of | ||
State Identification Security and Theft Prevention Fund from | ||
the designated funds not exceeding the following totals: | ||
Division of Corporations Registered Limited | ||
Liability Partnership Fund ..................$287,000 |
Securities Investors Education Fund ...........$1,500,000 | ||
Department of Business Services Special | ||
Operations Fund ...........................$3,000,000 | ||
Securities Audit and Enforcement Fund .........$3,500,000 | ||
Corporate Franchise Tax Refund Fund ...........$3,000,000 | ||
(i) Notwithstanding any other provision of State law to the | ||
contrary, on or after the effective date of this amendatory Act | ||
of the 98th General Assembly, and until June 30, 2015, in | ||
addition to any other transfers that may be provided for by | ||
law, at the direction of and upon notification of the Secretary | ||
of State, the State Comptroller shall direct and the State | ||
Treasurer shall transfer amounts into the Secretary of State | ||
Identification Security and Theft Prevention Fund from the | ||
designated funds not exceeding the following totals: | ||
Division of Corporations Registered Limited | ||
Liability Partnership Fund ...................$287,000 | ||
Securities Investors Education Fund ............$1,500,000 | ||
Department of Business Services | ||
Special Operations Fund ....................$3,000,000 | ||
Securities Audit and Enforcement Fund ..........$3,500,000 | ||
Corporate Franchise Tax Refund Fund ............$3,000,000 | ||
(Source: P.A. 97-72, eff. 7-1-11; 98-24, eff. 6-19-13.) | ||
(30 ILCS 105/6z-100 new) | ||
Sec. 6z-100. Capital Development Board Revolving Fund; | ||
payments into and use. All monies received by the Capital |
Development Board for publications or copies issued by the | ||
Board, and all monies received for contract administration | ||
fees, charges, or reimbursements owing to the Board shall be | ||
deposited into a special fund known as the Capital Development | ||
Board Revolving Fund, which is hereby created in the State | ||
treasury. The monies in this Fund shall be used by the Capital | ||
Development Board, as appropriated, for expenditures for | ||
personal services, retirement, social security, contractual | ||
services, legal services, travel, commodities, printing, | ||
equipment, electronic data processing, or telecommunications. | ||
Unexpended moneys in the Fund shall not be transferred or | ||
allocated by the Comptroller or Treasurer to any other fund, | ||
nor shall the Governor authorize the transfer or allocation of | ||
those moneys to any other fund. This Section is repealed July | ||
1, 2016. | ||
(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, during fiscal year | ||
2012 only, for the purposes of a grant not to exceed | ||
$8,500,000 to the Regional Transportation Authority on | ||
behalf of PACE for the purpose of ADA/Para-transit | ||
expenses; or, during fiscal year 2013 only, for the | ||
purposes of a grant not to exceed $3,825,000 to the | ||
Regional Transportation Authority on behalf of PACE for the | ||
purpose of ADA/Para-transit expenses; or, during fiscal | ||
year 2014 only, for the purposes of a grant not to exceed | ||
$3,825,000 to the Regional Transportation Authority on | ||
behalf of PACE for the purpose of ADA/Para-transit | ||
expenses; or, during fiscal year 2015 only, for the | ||
purposes of a grant not to exceed $3,825,000 to the | ||
Regional Transportation Authority on behalf of PACE for the | ||
purpose of ADA/Para-transit expenses; 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, except during fiscal year 2012 | ||
only when no more than $40,000,000 may be expended and | ||
except during fiscal year 2013 only when no more than | ||
$17,570,300 may be expended and except during fiscal year | ||
2014 only when no more than $17,570,000 may be expended and | ||
except during fiscal year 2015 only when no more than | ||
$17,570,000 may be expended ; | ||
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, except during fiscal year 2012 | ||
only when no more than $40,000,000 may be expended and | ||
except during fiscal year 2013 only when no more than | ||
$26,000,000 may be expended and except during fiscal year | ||
2014 only when no more than $38,000,000 may be expended and | ||
except during fiscal year 2015 only when no more than | ||
$42,000,000 may be expended , 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, or during fiscal | ||
year 2012 only for the purposes of a grant not to exceed | ||
$8,500,000 to the Regional Transportation Authority on | ||
behalf of PACE for the purpose of ADA/Para-transit | ||
expenses, or during fiscal year 2013 only for the purposes | ||
of a grant not to exceed $3,825,000 to the Regional | ||
Transportation Authority on behalf of PACE for the purpose | ||
of ADA/Para-transit expenses, or during fiscal year 2014 |
only for the purposes of a grant not to exceed $3,825,000 | ||
to the Regional Transportation Authority on behalf of PACE | ||
for the purpose of ADA/Para-transit expenses , or during | ||
fiscal year 2015 only for the purposes of a grant not to | ||
exceed $3,825,000 to the Regional Transportation Authority | ||
on behalf of PACE for the purpose of ADA/Para-transit | ||
expenses , 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, 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.
For fiscal year 2008 | ||
only, no Road
Fund monies shall be appropriated to the |
Department of State Police for the purposes of
this Section in | ||
excess of $106,100,000. For fiscal year 2009 only, no Road Fund | ||
monies shall be appropriated to the Department of State Police | ||
for the purposes of this Section in excess of $114,700,000. | ||
Beginning in fiscal year 2010, no road fund moneys shall be | ||
appropriated to the Department of State Police. 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: | ||||||||||||||||||||||
| ||||||||||||||||||||||
For fiscal year 2010, no road fund moneys shall be | ||||||||||||||||||||||
appropriated to the Secretary of State. | ||||||||||||||||||||||
Beginning in fiscal year 2011, moneys in the Road Fund | ||||||||||||||||||||||
shall be appropriated to the Secretary of State for the | ||||||||||||||||||||||
exclusive purpose of paying refunds due to overpayment of fees | ||||||||||||||||||||||
related to Chapter 3 of the Illinois Vehicle Code unless | ||||||||||||||||||||||
otherwise provided for by law. | ||||||||||||||||||||||
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, 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 | ||
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. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||
eff. 6-19-13.) | ||
(30 ILCS 105/8g-1) | ||
Sec. 8g-1. Fund FY13 fund transfers. | ||
(a) In addition to any other transfers that may be provided | ||
for by law, on and after July 1, 2012 and until May 1, 2013, 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, 2013.
| ||
(b) In addition to any other transfers that may be provided | ||
for by law, on and after July 1, 2013 and until May 1, 2014, 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, 2014. | ||
(c) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2013, 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 ICJIA Violence Prevention Fund. | ||
(d) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2013, or as soon thereafter as |
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $1,500,000 from the General | ||
Revenue Fund to the Illinois Veterans Assistance Fund. | ||
(e) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2013, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $500,000 from the General | ||
Revenue Fund to the Senior Citizens Real Estate Deferred Tax | ||
Revolving Fund. | ||
(f) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2013, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $4,000,000 from the General | ||
Revenue Fund to the Digital Divide Elimination Fund. | ||
(g) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2013, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $5,000,000 from the General | ||
Revenue Fund to the Communications Revolving Fund. | ||
(h) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2013, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $9,800,000 from the General | ||
Revenue Fund to the Presidential Library and Museum Operating | ||
Fund. | ||
(i) In addition to any other transfers that may be provided |
for by law, on and after July 1, 2014 and until May 1, 2015, 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, 2015. | ||
(j) In addition to any other transfers that may be provided | ||
for by law, on July 1, 2014, or as soon thereafter as | ||
practical, the State Comptroller shall direct and the State | ||
Treasurer shall transfer the sum of $10,000,000 from the | ||
General Revenue Fund to the Presidential Library and Museum | ||
Operating Fund. | ||
(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
| ||
(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 | ||
except as provided by subsection (a-4).
| ||
(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. During State fiscal year | ||
2010, the Department of Transportation 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. During State fiscal years 2010 and 2014 only, an | ||
agency may transfer amounts among its 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-2.5) During State fiscal year 2015 only, the State's | ||
Attorneys Appellate Prosecutor may transfer amounts among its | ||
respective appropriations contained in operational line items | ||
within the same treasury fund. 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 4% of | ||
the aggregate amount appropriated to the State's Attorneys | ||
Appellate Prosecutor 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. | ||
(a-4) Long-Term Care Rebalancing. The Governor may | ||
designate amounts set aside for institutional services | ||
appropriated from the General Revenue Fund or any other State | ||
fund that receives monies for long-term care services to be | ||
transferred to all State agencies responsible for the | ||
administration of community-based long-term care programs, | ||
including, but not limited to, community-based long-term care | ||
programs administered by the Department of Healthcare and | ||
Family Services, the Department of Human Services, and the | ||
Department on Aging, provided that the Director of Healthcare | ||
and Family Services first certifies that the amounts being | ||
transferred are necessary for the purpose of assisting persons | ||
in or at risk of being in institutional care to transition to | ||
community-based settings, including the financial data needed | ||
to prove the need for the transfer of funds. The total amounts | ||
transferred shall not exceed 4% in total of the amounts | ||
appropriated from the General Revenue Fund or any other State | ||
fund that receives monies for long-term care services for each | ||
fiscal year. A notice of the fund transfer must be made to the | ||
General Assembly and posted at a minimum on the Department of | ||
Healthcare and Family Services website, the Governor's Office | ||
of Management and Budget website, and any other website the |
Governor sees fit. These postings shall serve as notice to the | ||
General Assembly of the amounts to be transferred. Notice shall | ||
be given at least 30 days prior to transfer. | ||
(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 Department of Healthcare and Family Services 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: purchase of services | ||
covered by the Community Care Program and Comprehensive Case | ||
Coordination. |
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. | ||
The State Board of Education is authorized to make | ||
transfers from line item appropriations within the same | ||
treasury fund for General State Aid and General State Aid - | ||
Hold Harmless, 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, to the line item | ||
appropriation for Transitional Assistance when the balance | ||
remaining in such line item appropriation is insufficient for | ||
the purpose for which the appropriation was made. | ||
The State Board of Education is authorized to make | ||
transfers between the following line item appropriations | ||
within the same treasury fund: Disabled Student | ||
Services/Materials (Section 14-13.01 of the School Code), | ||
Disabled Student Transportation Reimbursement (Section | ||
14-13.01 of the School Code), Disabled Student Tuition - | ||
Private Tuition (Section 14-7.02 of the School Code), | ||
Extraordinary Special Education (Section 14-7.02b of the | ||
School Code), Reimbursement for Free Lunch/Breakfast Program, |
Summer School Payments (Section 18-4.3 of the School Code), and | ||
Transportation - Regular/Vocational Reimbursement (Section | ||
29-5 of the School Code). Such transfers shall be made only | ||
when the balance remaining in one or more such line item | ||
appropriations is insufficient for the purpose for which the | ||
appropriation was made and 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. | ||
The Department of Healthcare and Family Services is | ||
authorized to make transfers not exceeding 4% of the aggregate | ||
amount appropriated to it, within the same treasury fund, among | ||
the various line items appropriated for Medical Assistance. | ||
(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. | ||
(e) The State Board of Education, in consultation with the | ||
State Comptroller, may transfer line item appropriations for | ||
General State Aid between the Common School Fund and the | ||
Education Assistance Fund. With the advice and consent of the | ||
Governor's Office of Management and Budget, the State Board of | ||
Education, in consultation with the State Comptroller, may | ||
transfer line item appropriations between the General Revenue | ||
Fund and the Education Assistance Fund for the following | ||
programs: | ||
(1) Disabled Student Personnel Reimbursement (Section | ||
14-13.01 of the School Code); | ||
(2) Disabled Student Transportation Reimbursement | ||
(subsection (b) of Section 14-13.01 of the School Code); |
(3) Disabled Student Tuition - Private Tuition | ||
(Section 14-7.02 of the School Code); | ||
(4) Extraordinary Special Education (Section 14-7.02b | ||
of the School Code); | ||
(5) Reimbursement for Free Lunch/Breakfast Programs; | ||
(6) Summer School Payments (Section 18-4.3 of the | ||
School Code); | ||
(7) Transportation - Regular/Vocational Reimbursement | ||
(Section 29-5 of the School Code); | ||
(8) Regular Education Reimbursement (Section 18-3 of | ||
the School Code); and | ||
(9) Special Education Reimbursement (Section 14-7.03 | ||
of the School Code). | ||
(Source: P.A. 97-689, eff. 7-1-12; 98-24, eff. 6-19-13.)
| ||
Section 20-15. The State Revenue Sharing Act is amended by | ||
changing Section 12 as follows:
| ||
(30 ILCS 115/12) (from Ch. 85, par. 616)
| ||
Sec. 12. Personal Property Tax Replacement Fund. There is | ||
hereby
created the Personal Property Tax Replacement Fund, a | ||
special fund in
the State Treasury into which shall be paid all | ||
revenue realized:
| ||
(a) all amounts realized from the additional personal | ||
property tax
replacement income tax imposed by subsections (c) | ||
and (d) of Section 201 of the
Illinois Income Tax Act, except |
for those amounts deposited into the Income Tax
Refund Fund | ||
pursuant to subsection (c) of Section 901 of the Illinois | ||
Income
Tax Act; and
| ||
(b) all amounts realized from the additional personal | ||
property replacement
invested capital taxes imposed by Section | ||
2a.1 of the Messages Tax
Act, Section 2a.1 of the Gas Revenue | ||
Tax Act, Section 2a.1 of the Public
Utilities Revenue Act, and | ||
Section 3 of the Water Company Invested Capital
Tax Act, and | ||
amounts payable to the Department of Revenue under the
| ||
Telecommunications Infrastructure Maintenance Fee Act.
| ||
As soon as may be after the end of each month, the | ||
Department of Revenue
shall certify to the Treasurer and the | ||
Comptroller the amount of all refunds
paid out of the General | ||
Revenue Fund through the preceding month on account
of | ||
overpayment of liability on taxes paid into the Personal | ||
Property Tax
Replacement Fund. Upon receipt of such | ||
certification, the Treasurer and
the Comptroller shall | ||
transfer the amount so certified from the Personal
Property Tax | ||
Replacement Fund into the General Revenue Fund.
| ||
The payments of revenue into the Personal Property Tax | ||
Replacement Fund
shall be used exclusively for distribution to | ||
taxing districts, regional offices and officials, and local | ||
officials as provided
in this Section and in the School Code, | ||
payment of the ordinary and contingent expenses of the Property | ||
Tax Appeal Board, payment of the expenses of the Department of | ||
Revenue incurred
in administering the collection and |
distribution of monies paid into the
Personal Property Tax | ||
Replacement Fund and transfers due to refunds to
taxpayers for | ||
overpayment of liability for taxes paid into the Personal
| ||
Property Tax Replacement Fund.
| ||
In addition, moneys in the Personal Property Tax
| ||
Replacement Fund may be used to pay any of the following: (i) | ||
salary, stipends, and additional compensation as provided by | ||
law for chief election clerks, county clerks, and county | ||
recorders; (ii) costs associated with regional offices of | ||
education and educational service centers; (iii) | ||
reimbursements payable by the State Board of Elections under | ||
Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the | ||
Election Code; and (iv) expenses of the Illinois Educational | ||
Labor Relations Board ; and (v) salary, personal services, and | ||
additional compensation as provided by law for court reporters | ||
under the Court Reporters Act . | ||
As soon as may be after the effective date of this | ||
amendatory Act of 1980,
the Department of Revenue shall certify | ||
to the Treasurer the amount of net
replacement revenue paid | ||
into the General Revenue Fund prior to that effective
date from | ||
the additional tax imposed by Section 2a.1 of the Messages Tax
| ||
Act; Section 2a.1 of the Gas Revenue Tax Act; Section 2a.1 of | ||
the Public
Utilities Revenue Act; Section 3 of the Water | ||
Company Invested Capital Tax Act;
amounts collected by the | ||
Department of Revenue under the Telecommunications | ||
Infrastructure Maintenance Fee Act; and the
additional |
personal
property tax replacement income tax imposed by
the | ||
Illinois Income Tax Act, as amended by Public
Act 81-1st | ||
Special Session-1. Net replacement revenue shall be defined as
| ||
the total amount paid into and remaining in the General Revenue | ||
Fund as a
result of those Acts minus the amount outstanding and | ||
obligated from the
General Revenue Fund in state vouchers or | ||
warrants prior to the effective
date of this amendatory Act of | ||
1980 as refunds to taxpayers for overpayment
of liability under | ||
those Acts.
| ||
All interest earned by monies accumulated in the Personal | ||
Property
Tax Replacement Fund shall be deposited in such Fund. | ||
All amounts allocated
pursuant to this Section are appropriated | ||
on a continuing basis.
| ||
Prior to December 31, 1980, as soon as may be after the end | ||
of each quarter
beginning with the quarter ending December 31, | ||
1979, and on and after
December 31, 1980, as soon as may be | ||
after January 1, March 1, April 1, May
1, July 1, August 1, | ||
October 1 and December 1 of each year, the Department
of | ||
Revenue shall allocate to each taxing district as defined in | ||
Section 1-150
of the Property Tax Code, in accordance with
the | ||
provisions of paragraph (2) of this Section the portion of the | ||
funds held
in the Personal Property Tax Replacement Fund which | ||
is required to be
distributed, as provided in paragraph (1), | ||
for each quarter. Provided,
however, under no circumstances | ||
shall any taxing district during each of the
first two years of | ||
distribution of the taxes imposed by this amendatory Act of
|
1979 be entitled to an annual allocation which is less than the | ||
funds such
taxing district collected from the 1978 personal | ||
property tax. Provided further
that under no circumstances | ||
shall any taxing district during the third year of
distribution | ||
of the taxes imposed by this amendatory Act of 1979 receive | ||
less
than 60% of the funds such taxing district collected from | ||
the 1978 personal
property tax. In the event that the total of | ||
the allocations made as above
provided for all taxing | ||
districts, during either of such 3 years, exceeds the
amount | ||
available for distribution the allocation of each taxing | ||
district shall
be proportionately reduced. Except as provided | ||
in Section 13 of this Act, the
Department shall then certify, | ||
pursuant to appropriation, such allocations to
the State | ||
Comptroller who shall pay over to the several taxing districts | ||
the
respective amounts allocated to them.
| ||
Any township which receives an allocation based in whole or | ||
in part upon
personal property taxes which it levied pursuant | ||
to Section 6-507 or 6-512
of the Illinois Highway Code and | ||
which was previously
required to be paid
over to a municipality | ||
shall immediately pay over to that municipality a
proportionate | ||
share of the personal property replacement funds which such
| ||
township receives.
| ||
Any municipality or township, other than a municipality | ||
with a population
in excess of 500,000, which receives an | ||
allocation based in whole or in
part on personal property taxes | ||
which it levied pursuant to Sections 3-1,
3-4 and 3-6 of the |
Illinois Local Library Act and which was
previously
required to | ||
be paid over to a public library shall immediately pay over
to | ||
that library a proportionate share of the personal property tax | ||
replacement
funds which such municipality or township | ||
receives; provided that if such
a public library has converted | ||
to a library organized under The Illinois
Public Library | ||
District Act, regardless of whether such conversion has
| ||
occurred on, after or before January 1, 1988, such | ||
proportionate share
shall be immediately paid over to the | ||
library district which maintains and
operates the library. | ||
However, any library that has converted prior to January
1, | ||
1988, and which hitherto has not received the personal property | ||
tax
replacement funds, shall receive such funds commencing on | ||
January 1, 1988.
| ||
Any township which receives an allocation based in whole or | ||
in part on
personal property taxes which it levied pursuant to | ||
Section 1c of the Public
Graveyards Act and which taxes were | ||
previously required to be paid
over to or used for such public | ||
cemetery or cemeteries shall immediately
pay over to or use for | ||
such public cemetery or cemeteries a proportionate
share of the | ||
personal property tax replacement funds which the township
| ||
receives.
| ||
Any taxing district which receives an allocation based in | ||
whole or in
part upon personal property taxes which it levied | ||
for another
governmental body or school district in Cook County | ||
in 1976 or for
another governmental body or school district in |
the remainder of the
State in 1977 shall immediately pay over | ||
to that governmental body or
school district the amount of | ||
personal property replacement funds which
such governmental | ||
body or school district would receive directly under
the | ||
provisions of paragraph (2) of this Section, had it levied its | ||
own
taxes.
| ||
(1) The portion of the Personal Property Tax | ||
Replacement Fund required to
be
distributed as of the time | ||
allocation is required to be made shall be the
amount | ||
available in such Fund as of the time allocation is | ||
required to be made.
| ||
The amount available for distribution shall be the | ||
total amount in the
fund at such time minus the necessary | ||
administrative and other authorized expenses as limited
by | ||
the appropriation and the amount determined by: (a) $2.8 | ||
million for
fiscal year 1981; (b) for fiscal year 1982, | ||
.54% of the funds distributed
from the fund during the | ||
preceding fiscal year; (c) for fiscal year 1983
through | ||
fiscal year 1988, .54% of the funds distributed from the | ||
fund during
the preceding fiscal year less .02% of such | ||
fund for fiscal year 1983 and
less .02% of such funds for | ||
each fiscal year thereafter; (d) for fiscal
year 1989 | ||
through fiscal year 2011 no more than 105% of the actual | ||
administrative expenses
of the prior fiscal year; (e) for | ||
fiscal year 2012 and beyond, a sufficient amount to pay (i) | ||
stipends, additional compensation, salary reimbursements, |
and other amounts directed to be paid out of this Fund for | ||
local officials as authorized or required by statute and | ||
(ii) no more than 105% of the actual administrative | ||
expenses of the prior fiscal year, including payment of the | ||
ordinary and contingent expenses of the Property Tax Appeal | ||
Board and payment of the expenses of the Department of | ||
Revenue incurred in administering the collection and | ||
distribution of moneys paid into the Fund; or (f) for | ||
fiscal years 2012 and 2013 only, a sufficient amount to pay | ||
stipends, additional compensation, salary reimbursements, | ||
and other amounts directed to be paid out of this Fund for | ||
regional offices and officials as authorized or required by | ||
statute. Such portion of the fund shall be determined after
| ||
the transfer into the General Revenue Fund due to refunds, | ||
if any, paid
from the General Revenue Fund during the | ||
preceding quarter. If at any time,
for any reason, there is | ||
insufficient amount in the Personal Property
Tax | ||
Replacement Fund for payments for regional offices and | ||
officials or local officials or payment of costs of | ||
administration or for transfers
due to refunds at the end | ||
of any particular month, the amount of such
insufficiency | ||
shall be carried over for the purposes of payments for | ||
regional offices and officials, local officials, transfers | ||
into the
General Revenue Fund, and costs of administration | ||
to the
following month or months. Net replacement revenue | ||
held, and defined above,
shall be transferred by the |
Treasurer and Comptroller to the Personal Property
Tax | ||
Replacement Fund within 10 days of such certification.
| ||
(2) Each quarterly allocation shall first be | ||
apportioned in the
following manner: 51.65% for taxing | ||
districts in Cook County and 48.35%
for taxing districts in | ||
the remainder of the State.
| ||
The Personal Property Replacement Ratio of each taxing | ||
district
outside Cook County shall be the ratio which the Tax | ||
Base of that taxing
district bears to the Downstate Tax Base. | ||
The Tax Base of each taxing
district outside of Cook County is | ||
the personal property tax collections
for that taxing district | ||
for the 1977 tax year. The Downstate Tax Base
is the personal | ||
property tax collections for all taxing districts in the
State | ||
outside of Cook County for the 1977 tax year. The Department of
| ||
Revenue shall have authority to review for accuracy and | ||
completeness the
personal property tax collections for each | ||
taxing district outside Cook
County for the 1977 tax year.
| ||
The Personal Property Replacement Ratio of each Cook County | ||
taxing
district shall be the ratio which the Tax Base of that | ||
taxing district
bears to the Cook County Tax Base. The Tax Base | ||
of each Cook County
taxing district is the personal property | ||
tax collections for that taxing
district for the 1976 tax year. | ||
The Cook County Tax Base is the
personal property tax | ||
collections for all taxing districts in Cook
County for the | ||
1976 tax year. The Department of Revenue shall have
authority | ||
to review for accuracy and completeness the personal property |
tax
collections for each taxing district within Cook County for | ||
the 1976 tax year.
| ||
For all purposes of this Section 12, amounts paid to a | ||
taxing district
for such tax years as may be applicable by a | ||
foreign corporation under the
provisions of Section 7-202 of | ||
the Public Utilities Act, as amended,
shall be deemed to be | ||
personal property taxes collected by such taxing district
for | ||
such tax years as may be applicable. The Director shall | ||
determine from the
Illinois Commerce Commission, for any tax | ||
year as may be applicable, the
amounts so paid by any such | ||
foreign corporation to any and all taxing
districts. The | ||
Illinois Commerce Commission shall furnish such information to
| ||
the Director. For all purposes of this Section 12, the Director | ||
shall deem such
amounts to be collected personal property taxes | ||
of each such taxing district
for the applicable tax year or | ||
years.
| ||
Taxing districts located both in Cook County and in one or | ||
more other
counties shall receive both a Cook County allocation | ||
and a Downstate
allocation determined in the same way as all | ||
other taxing districts.
| ||
If any taxing district in existence on July 1, 1979 ceases | ||
to exist,
or discontinues its operations, its Tax Base shall | ||
thereafter be deemed
to be zero. If the powers, duties and | ||
obligations of the discontinued
taxing district are assumed by | ||
another taxing district, the Tax Base of
the discontinued | ||
taxing district shall be added to the Tax Base of the
taxing |
district assuming such powers, duties and obligations.
| ||
If two or more taxing districts in existence on July 1, | ||
1979, or a
successor or successors thereto shall consolidate | ||
into one taxing
district, the Tax Base of such consolidated | ||
taxing district shall be the
sum of the Tax Bases of each of | ||
the taxing districts which have consolidated.
| ||
If a single taxing district in existence on July 1, 1979, | ||
or a
successor or successors thereto shall be divided into two | ||
or more
separate taxing districts, the tax base of the taxing | ||
district so
divided shall be allocated to each of the resulting | ||
taxing districts in
proportion to the then current equalized | ||
assessed value of each resulting
taxing district.
| ||
If a portion of the territory of a taxing district is | ||
disconnected
and annexed to another taxing district of the same | ||
type, the Tax Base of
the taxing district from which | ||
disconnection was made shall be reduced
in proportion to the | ||
then current equalized assessed value of the disconnected
| ||
territory as compared with the then current equalized assessed | ||
value within the
entire territory of the taxing district prior | ||
to disconnection, and the
amount of such reduction shall be | ||
added to the Tax Base of the taxing
district to which | ||
annexation is made.
| ||
If a community college district is created after July 1, | ||
1979,
beginning on the effective date of this amendatory Act of | ||
1995, its Tax Base
shall be 3.5% of the sum of the personal | ||
property tax collected for the
1977 tax year within the |
territorial jurisdiction of the district.
| ||
The amounts allocated and paid to taxing districts pursuant | ||
to
the provisions of this amendatory Act of 1979 shall be | ||
deemed to be
substitute revenues for the revenues derived from | ||
taxes imposed on
personal property pursuant to the provisions | ||
of the "Revenue Act of
1939" or "An Act for the assessment and | ||
taxation of private car line
companies", approved July 22, | ||
1943, as amended, or Section 414 of the
Illinois Insurance | ||
Code, prior to the abolition of such taxes and shall
be used | ||
for the same purposes as the revenues derived from ad valorem
| ||
taxes on real estate.
| ||
Monies received by any taxing districts from the Personal | ||
Property
Tax Replacement Fund shall be first applied toward | ||
payment of the proportionate
amount of debt service which was | ||
previously levied and collected from
extensions against | ||
personal property on bonds outstanding as of December 31,
1978 | ||
and next applied toward payment of the proportionate share of | ||
the pension
or retirement obligations of the taxing district | ||
which were previously levied
and collected from extensions | ||
against personal property. For each such
outstanding bond | ||
issue, the County Clerk shall determine the percentage of the
| ||
debt service which was collected from extensions against real | ||
estate in the
taxing district for 1978 taxes payable in 1979, | ||
as related to the total amount
of such levies and collections | ||
from extensions against both real and personal
property. For | ||
1979 and subsequent years' taxes, the County Clerk shall levy
|
and extend taxes against the real estate of each taxing | ||
district which will
yield the said percentage or percentages of | ||
the debt service on such
outstanding bonds. The balance of the | ||
amount necessary to fully pay such debt
service shall | ||
constitute a first and prior lien upon the monies
received by | ||
each such taxing district through the Personal Property Tax
| ||
Replacement Fund and shall be first applied or set aside for | ||
such purpose.
In counties having fewer than 3,000,000 | ||
inhabitants, the amendments to
this paragraph as made by this | ||
amendatory Act of 1980 shall be first
applicable to 1980 taxes | ||
to be collected in 1981.
| ||
(Source: P.A. 97-72, eff. 7-1-11; 97-619, eff. 11-14-11; | ||
97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
| ||
Section 20-20. The General Obligation Bond Act is amended | ||
by changing Section 13 as follows:
| ||
(30 ILCS 330/13) (from Ch. 127, par. 663)
| ||
Sec. 13. Appropriation of Proceeds from Sale of Bonds.
| ||
(a) At all times, the proceeds from the sale of Bonds | ||
issued pursuant
to this Act are subject to appropriation by the | ||
General Assembly and,
except as provided in Section 7.2, may be | ||
obligated or expended only
with the written approval of the | ||
Governor, in such amounts, at such times,
and for such purposes | ||
as the respective
State agencies, as defined in Section 1-7 of | ||
the Illinois State Auditing
Act, as amended, deem necessary or |
desirable for the specific purposes
contemplated in Sections 2 | ||
through 8 of this Act. Notwithstanding any other provision of | ||
this Act, proceeds from the sale of Bonds issued pursuant to | ||
this Act appropriated by the General Assembly to the Architect | ||
of the Capitol may be obligated or expended by the Architect of | ||
the Capitol without the written approval of the Governor.
| ||
(b) Proceeds from the sale of Bonds for the purpose of | ||
development of
coal and alternative forms of energy shall be | ||
expended in such amounts and
at such times as the Department of | ||
Commerce and Economic Opportunity, with the
advice and | ||
recommendation of the Illinois Coal Development Board for coal
| ||
development projects, may deem necessary and desirable for the | ||
specific
purpose contemplated by Section 7 of this Act. In | ||
considering the approval
of projects to be funded, the | ||
Department of Commerce and
Economic Opportunity shall give
| ||
special
consideration to projects designed to remove sulfur and | ||
other pollutants in
the preparation and utilization of coal, | ||
and in the use and operation of
electric utility generating | ||
plants and industrial facilities which utilize
Illinois coal as | ||
their primary source of fuel.
| ||
(c) Except as directed in subsection (c-1) or (c-2), any | ||
monies received by any officer or employee of the state
| ||
representing a reimbursement of expenditures previously paid | ||
from general
obligation bond proceeds shall be deposited into | ||
the General Obligation
Bond Retirement and Interest Fund | ||
authorized in Section 14 of this Act.
|
(c-1) Any money received by the Department of | ||
Transportation as reimbursement for expenditures for high | ||
speed rail purposes pursuant to appropriations from the | ||
Transportation Bond, Series B Fund for (i) CREATE (Chicago | ||
Region Environmental and Transportation Efficiency), (ii) High | ||
Speed Rail, or (iii) AMTRAK projects authorized by the federal | ||
government under the provisions of the American Recovery and | ||
Reinvestment Act of 2009 or the Safe Accountable Flexible | ||
Efficient Transportation Equity Act—A Legacy for Users | ||
(SAFETEA-LU), or any successor federal transportation | ||
authorization Act, shall be deposited into the Federal High | ||
Speed Rail Trust Fund. | ||
(c-2) Any money received by the Department of | ||
Transportation as reimbursement for expenditures for transit | ||
capital purposes pursuant to appropriations from the | ||
Transportation Bond, Series B Fund for projects authorized by | ||
the federal government under the provisions of the American | ||
Recovery and Reinvestment Act of 2009 or the Safe Accountable | ||
Flexible Efficient Transportation Equity Act—A Legacy for | ||
Users (SAFETEA-LU), or any successor federal transportation | ||
authorization Act, shall be deposited into the Federal Mass | ||
Transit Trust Fund. | ||
(Source: P.A. 96-1488, eff. 12-30-10.)
| ||
Section 20-25. The Build Illinois Bond Act is amended by | ||
changing Section 17 as follows:
|
(30 ILCS 425/17) (from Ch. 127, par. 2817)
| ||
Sec. 17.
Investment of Money Not Needed for Current | ||
Expenditures -
Application of Earnings.
(a) The State Treasurer | ||
may, with the Governor's approval, invest and
reinvest any | ||
moneys on deposit in the Build Illinois Bond Fund and the
Build | ||
Illinois Bond Retirement and Interest Fund in the State | ||
Treasury
which are not needed for current expenditures due or | ||
about to become due
from such funds. Earnings or interest | ||
income from
investments in the Build Illinois Bond Fund shall | ||
be deposited by the
State Treasurer in the General Revenue | ||
Fund. Earnings or interest income
from investments in the Build | ||
Illinois Bond Retirement and
Interest Fund shall be deposited | ||
in the Build Illinois Bond Retirement and Interest Fund. Upon | ||
the direction of the Governor or his authorized representative, | ||
the State Treasurer and Comptroller shall transfer from the | ||
Build Illinois Bond Retirement and Interest Fund all such | ||
earnings or interest income derived from investments in the | ||
Build Illinois Bond Retirement and Interest Fund to the trustee | ||
under the Master Indenture.
| ||
(b) Moneys in the Build Illinois Bond Fund may be invested | ||
as permitted
in "An Act in relation to State moneys", approved | ||
June 28, 1919, as
amended, and in "An Act relating to certain | ||
investments of public funds by
public agencies", approved July | ||
23, 1943, as amended. Moneys on deposit in
the Build Illinois | ||
Bond Retirement and Interest Fund may be invested in
securities |
constituting direct obligations of the United States | ||
Government,
or in obligations the principal of and interest on | ||
which are guaranteed by
the United States Government, or in | ||
certificates of deposit of any state or
national bank which are | ||
fully secured by
obligations of, or guaranteed as to principal | ||
and interest by, the United
States Government. Moneys on | ||
deposit with indenture trustees shall be
invested in accordance | ||
with the above laws and the provisions of the
respective | ||
indentures.
| ||
(Source: P.A. 84-111.)
| ||
Section 20-30. The Illinois Grant Funds Recovery Act is | ||
amended by changing Section 4.2 as follows: | ||
(30 ILCS 705/4.2) | ||
Sec. 4.2. Suspension of grant making authority. Any grant | ||
funds and any grant program administered by a grantor agency | ||
subject to this Act are indefinitely suspended on July 1, 2015 | ||
June 30, 2014 , and on July 1st of every 5th year thereafter, | ||
unless the General Assembly, by law, authorizes that grantor | ||
agency to make grants or lifts the suspension of the | ||
authorization of that grantor agency to make grants. In the | ||
case of a suspension of the authorization of a grantor agency | ||
to make grants, the authority of that grantor agency to make | ||
grants is suspended until the suspension is explicitly lifted | ||
by law by the General Assembly, even if an appropriation has |
been made for the explicit purpose of such grants. This | ||
suspension of grant making authority supersedes any other law | ||
or rule to the contrary.
| ||
(Source: P.A. 97-732, eff. 6-30-12; 97-1144, eff. 12-28-12; | ||
98-24, eff. 6-19-13.) | ||
Section 20-35. The Private Colleges and Universities | ||
Capital Distribution Formula Act is amended by changing Section | ||
25-10 as follows: | ||
(30 ILCS 769/25-10)
| ||
Sec. 25-10. Distribution. This Act creates a distribution | ||
formula for funds appropriated from the Build Illinois Bond | ||
Fund to the Capital Development Board for the Illinois Board of | ||
Higher Education for grants to various private colleges and | ||
universities. | ||
Funds appropriated for this purpose shall be distributed by | ||
the Illinois Board of Higher Education through a formula to | ||
independent colleges that have been given operational approval | ||
by the Illinois Board of Higher Education as of the Fall 2008 | ||
term. The distribution formula shall have 2 components: a base | ||
grant portion of the appropriation and an FTE grant portion of | ||
the appropriation. Each independent college shall be awarded | ||
both a base grant portion of the appropriation and an FTE grant | ||
portion of the appropriation. | ||
The Illinois Board of Higher Education shall distribute |
moneys appropriated for this purpose to independent colleges | ||
based on the following base grant criteria: for each | ||
independent college reporting between 1 and 200 FTE a base | ||
grant of $200,000 shall be awarded; for each independent | ||
college reporting between 201 and 500 FTE a base grant of | ||
$1,000,000 shall be awarded; for each independent college | ||
reporting between 501 and 4,000 FTE a base grant of $2,000,000 | ||
shall be awarded; and for each independent college reporting | ||
4,001 or more FTE a base grant of $5,000,000 shall be awarded. | ||
The remainder of the moneys appropriated for this purpose | ||
shall be distributed by the Illinois Board of Higher Education | ||
to each independent college on a per capita basis as determined | ||
by the independent college's FTE as reported by the Illinois | ||
Board of Higher Education's most recent fall FTE report. | ||
Each independent college shall have up to 10 5 years from | ||
the date of appropriation to access and utilize its awarded | ||
amounts. If any independent college does not utilize its full | ||
award or a portion thereof after 10 5 years, the remaining | ||
funds shall be re-distributed to other independent colleges on | ||
an FTE basis.
| ||
(Source: P.A. 96-37, eff. 7-13-09.) | ||
Section 20-40. 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), | ||
(e), (f), and (g) 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. | ||
(b) Local Government 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 and continuing through January 31, 2011, 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. Beginning February 1, 2011, | ||
and continuing through January 31, 2015, the Treasurer shall | ||
transfer each month from the General Revenue Fund to the Local | ||
Government Distributive Fund an amount equal to the sum of (i) | ||
6% (10% of the ratio of the 3% individual income tax rate prior | ||
to 2011 to the 5% individual income tax rate after 2010) of the | ||
net revenue realized from the tax imposed by subsections (a) | ||
and (b) of Section 201 of this Act upon individuals, trusts, | ||
and estates during the preceding month and (ii) 6.86% (10% of | ||
the ratio of the 4.8% corporate income tax rate prior to 2011 | ||
to the 7% corporate income tax rate after 2010) of the net | ||
revenue realized from the tax imposed by subsections (a) and | ||
(b) of Section 201 of this Act upon corporations during the |
preceding month. Beginning February 1, 2015 and continuing | ||
through January 31, 2025, the Treasurer shall transfer each | ||
month from the General Revenue Fund to the Local Government | ||
Distributive Fund an amount equal to the sum of (i) 8% (10% of | ||
the ratio of the 3% individual income tax rate prior to 2011 to | ||
the 3.75% individual income tax rate after 2014) of the net | ||
revenue realized from the tax imposed by subsections (a) and | ||
(b) of Section 201 of this Act upon individuals, trusts, and | ||
estates during the preceding month and (ii) 9.14% (10% of the | ||
ratio of the 4.8% corporate income tax rate prior to 2011 to | ||
the 5.25% corporate income tax rate after 2014) of the net | ||
revenue realized from the tax imposed by subsections (a) and | ||
(b) of Section 201 of this Act upon corporations during the | ||
preceding month. Beginning February 1, 2025, the Treasurer | ||
shall transfer each month from the General Revenue Fund to the | ||
Local Government Distributive Fund an amount equal to the sum | ||
of (i) 9.23% (10% of the ratio of the 3% individual income tax | ||
rate prior to 2011 to the 3.25% individual income tax rate | ||
after 2024) of the net revenue realized from the tax imposed by | ||
subsections (a) and (b) of Section 201 of this Act upon | ||
individuals, trusts, and estates during the preceding month and | ||
(ii) 10% of the net revenue realized from the tax imposed by | ||
subsections (a) and (b) of Section 201 of this Act upon | ||
corporations during the preceding month. 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 Education | ||
Assistance
Fund, the Income Tax Surcharge Local Government | ||
Distributive Fund, the Fund for the Advancement of Education, | ||
and the Commitment to Human Services 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 | ||
fiscal year 2008, the Annual Percentage shall be 7.75%. For | ||
fiscal year 2009, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2010, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2011, the Annual Percentage shall be 8.75%. For | ||
fiscal year 2012, the Annual Percentage shall be 8.75%. For | ||
fiscal year 2013, the Annual Percentage shall be 9.75%. For | ||
fiscal year 2014, the Annual Percentage shall be 9.5%. For | ||
fiscal year 2015, the Annual Percentage shall be 10%. 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 | ||
fiscal year 2008, the Annual Percentage shall be 15.5%. For | ||
fiscal year 2009, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2010, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2011, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2012, the Annual Percentage shall be 17.5%. For | ||
fiscal year 2013, the Annual Percentage shall be 14%. For | ||
fiscal year 2014, the Annual Percentage shall be 13.4%. For |
fiscal year 2015, the Annual Percentage shall be 14%. 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. | ||
(f) Deposits into the Fund for the Advancement of | ||
Education. Beginning February 1, 2015, the Department shall | ||
deposit the following portions of the revenue realized from the | ||
tax imposed upon individuals, trusts, and estates by | ||
subsections (a) and (b) of Section 201 of this Act during the |
preceding month, minus deposits into the Income Tax Refund | ||
Fund, into the Fund for the Advancement of Education: | ||
(1) beginning February 1, 2015, and prior to February | ||
1, 2025, 1/30; and | ||
(2) beginning February 1, 2025, 1/26. | ||
If the rate of tax imposed by subsection (a) and (b) of | ||
Section 201 is reduced pursuant to Section 201.5 of this Act, | ||
the Department shall not make the deposits required by this | ||
subsection (f) on or after the effective date of the reduction. | ||
(g) Deposits into the Commitment to Human Services Fund. | ||
Beginning February 1, 2015, the Department shall deposit the | ||
following portions of the revenue realized from the tax imposed | ||
upon individuals, trusts, and estates by subsections (a) and | ||
(b) of Section 201 of this Act during the preceding month, | ||
minus deposits into the Income Tax Refund Fund, into the | ||
Commitment to Human Services Fund: | ||
(1) beginning February 1, 2015, and prior to February | ||
1, 2025, 1/30; and | ||
(2) beginning February 1, 2025, 1/26. | ||
If the rate of tax imposed by subsection (a) and (b) of | ||
Section 201 is reduced pursuant to Section 201.5 of this Act, | ||
the Department shall not make the deposits required by this | ||
subsection (g) on or after the effective date of the reduction. | ||
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||
eff. 6-19-13.) |
Section 20-45. 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) $3,500,000 shall be transferred each month to the Grade | ||
Crossing
Protection Fund to be used as follows: not less than | ||
$12,000,000 each fiscal
year shall be used for the construction | ||
or reconstruction of rail highway grade
separation structures; | ||
$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in | ||
fiscal year 2010 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 and grade | ||
crossing surface 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 may order | ||
up to $2,000,000 per year in Grade Crossing Protection Fund | ||
moneys for the improvement of grade crossing surfaces and up to |
$300,000 per year for the maintenance and renewal of 4-quadrant | ||
gate vehicle detection systems located at non-high speed rail | ||
grade crossings. 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, refunds for | ||
overpayment of decal fees paid under Section 13a.4 of this | ||
Act, and refunds provided for 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, | ||
2012,
and $30,000,000 on June 1, 2013, or as soon |
thereafter as may be practical, and $15,000,000 on July 1 | ||
and October 1, or as soon thereafter as may be practical, | ||
during the period of July 1, 2013 through June 30, 2015 | ||
2014 , for the administration of the Vehicle Emissions | ||
Inspection Law of
2005, 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 prior to 2011, 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. Beginning | ||
July 1, 2011 and each July 1 thereafter, an allocation shall be | ||
made for any road district
if it levied a tax for road and | ||
bridge purposes. In counties other than DuPage County, if the | ||
amount of the tax levy requires the extension of the tax | ||
against the taxable property in
the road district at a rate | ||
that is less than 0.08% of the value
thereof, based upon the | ||
assessment for the year immediately prior to the year
in which | ||
the tax was levied and as equalized by the Department of |
Revenue, then the amount of the allocation for that road | ||
district shall be a percentage of the maximum allocation equal | ||
to the percentage obtained by dividing the rate extended by the | ||
district by 0.08%. In DuPage County, if the amount of the tax | ||
levy requires the extension of the tax against the taxable | ||
property in
the road district at a rate that is less than the | ||
lesser of (i) 0.08% of the value
of the taxable property in the | ||
road district, 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 (ii) a rate that | ||
will yield an amount equal to $12,000 per mile of
road under | ||
the jurisdiction of the road district, then the amount of the | ||
allocation for the road district shall be a percentage of the | ||
maximum allocation equal to the percentage obtained by dividing | ||
the rate extended by the district by the lesser of (i) 0.08% or | ||
(ii) the rate that will yield an amount equal to $12,000 per | ||
mile of
road under the jurisdiction of the road district. | ||
Prior to 2011, 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. Beginning in 2011 | ||
and thereafter, if any
road district has levied a special tax | ||
for road purposes
under Sections 6-601, 6-602, and 6-603 of the | ||
Illinois Highway Code, and
the tax was levied in an amount that | ||
would require extension at a
rate of not less than 0.08% of the | ||
value of the taxable property of that road district,
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, that levy shall be deemed a proper | ||
compliance with this
Section and shall qualify such road | ||
district for a full, rather than proportionate, allotment under | ||
this
Section. If the levy for the special tax is less than | ||
0.08% of the value of the taxable property, or, in DuPage | ||
County if the levy for the special tax is less than the lesser | ||
of (i) 0.08% or (ii) $12,000 per mile of road under the | ||
jurisdiction of the road district, and if the levy for the | ||
special tax is more than any other levy for road and bridge | ||
purposes, then the levy for the special tax qualifies the road | ||
district for a proportionate, rather than full, allotment under | ||
this Section. If the levy for the special tax is equal to or | ||
less than any other levy for road and bridge purposes, then any | ||
allotment under this Section shall be determined by the other | ||
levy for road and bridge purposes. | ||
Prior to 2011, 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 or, beginning in 2011, their entitlement to a full | ||
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 or, beginning in | ||
2011, its entitlement to a full 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, "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. 97-72, eff. 7-1-11; 97-333, eff. 8-12-11; 98-24, | ||
eff. 6-19-13.)
| ||
Section 20-50. The Illinois Pension Code is amended by | ||
changing Section 16-158 as follows:
|
(40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||
(Text of Section before amendment by P.A. 98-599 )
| ||
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 until November 15, | ||
2011, the Board shall certify to the
Governor the amount of the | ||
required State contribution for the coming fiscal
year. The | ||
certification under this subsection (a-1) shall include a copy | ||
of the actuarial recommendations
upon which it is based and | ||
shall specifically identify the System's projected State | ||
normal cost for that fiscal year.
| ||
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.
| ||
On or before April 1, 2011, the Board shall recalculate and | ||
recertify to the Governor the amount of the required State | ||
contribution to the System for State fiscal year 2011, applying | ||
the changes made by Public Act 96-889 to the System's assets | ||
and liabilities as of June 30, 2009 as though Public Act 96-889 | ||
was approved on that date. | ||
(a-5) On or before November 1 of each year, beginning | ||
November 1, 2012, the Board shall submit to the State Actuary, | ||
the Governor, and the General Assembly a proposed certification | ||
of the amount of the required State contribution to the System | ||
for the next fiscal year, along with all of the actuarial | ||
assumptions, calculations, and data upon which that proposed | ||
certification is based. On or before January 1 of each year, | ||
beginning January 1, 2013, the State Actuary shall issue a | ||
preliminary report concerning the proposed certification and | ||
identifying, if necessary, recommended changes in actuarial | ||
assumptions that the Board must consider before finalizing its | ||
certification of the required State contributions. On or before |
January 15, 2013 and each January 15 thereafter, the Board | ||
shall certify to the Governor and the General Assembly the | ||
amount of the required State contribution for the next fiscal | ||
year. The Board's certification must note any deviations from | ||
the State Actuary's recommended changes, the reason or reasons | ||
for not following the State Actuary's recommended changes, and | ||
the fiscal impact of not following the State Actuary's | ||
recommended changes on the required State contribution. | ||
(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 2012 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 2009, 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.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State contribution for State fiscal year 2010 is | ||
$2,089,268,000 and shall be made from the proceeds of bonds | ||
sold in fiscal year 2010 pursuant to Section 7.2 of the General |
Obligation Bond Act, less (i) the pro rata share of bond sale | ||
expenses determined by the System's share of total bond | ||
proceeds, (ii) any amounts received from the Common School Fund | ||
in fiscal year 2010, and (iii) any reduction in bond proceeds | ||
due to the issuance of discounted bonds, if applicable. | ||
Notwithstanding any other provision of this Article, the
| ||
total required State contribution for State fiscal year 2011 is
| ||
the amount recertified by the System on or before April 1, 2011 | ||
pursuant to subsection (a-1) of this Section and shall be made | ||
from the proceeds of bonds
sold in fiscal year 2011 pursuant to | ||
Section 7.2 of the General
Obligation Bond Act, less (i) the | ||
pro rata share of bond sale
expenses determined by the System's | ||
share of total bond
proceeds, (ii) any amounts received from | ||
the Common School Fund
in fiscal year 2011, and (iii) any | ||
reduction in bond proceeds
due to the issuance of discounted | ||
bonds, if applicable. This amount shall include, in addition to | ||
the amount certified by the System, an amount necessary to meet | ||
employer contributions required by the State as an employer | ||
under paragraph (e) of this Section, which may also be used by | ||
the System for contributions required by paragraph (a) of | ||
Section 16-127. | ||
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 or Section 8.12 of the State | ||
Finance 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 in fiscal year 2003 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 in fiscal year 2003 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, which, beginning July 1, 2014, shall be at a | ||
rate, expressed as a percentage of salary, equal to the total | ||
minimum contribution
to the System to be made by the State for | ||
that fiscal year, including both normal cost and unfunded | ||
liability components, expressed as a percentage of payroll, as | ||
determined by the System under subsection (b-3) of this | ||
Section . 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. Any | ||
contribution for fiscal year 2015 collected as a result of the | ||
change made by this amendatory Act of the 98th General Assembly | ||
shall be considered a State contribution under subsection (b-3) | ||
of this Section.
| ||
(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 member's | ||
annual full-time salary rate 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. If a | ||
teacher's salary for the 2005-2006 school year is used to | ||
determine final average salary under this subsection (f), then | ||
the changes made to this subsection (f) by Public Act 94-1057 | ||
shall apply in calculating whether the increase in his or her | ||
salary is in excess of 6%. For the purposes of this Section, | ||
change in employment under Section 10-21.12 of the School Code | ||
on or after June 1, 2005 shall constitute a change in employer. | ||
The System may require the employer to provide any pertinent | ||
information or documentation.
The changes made to this | ||
subsection (f) by this amendatory Act of the 94th General | ||
Assembly apply without regard to whether the teacher was in | ||
service on or after its effective date.
| ||
Whenever it determines that a payment is or may be required | ||
under this subsection, the System shall calculate the amount of | ||
the payment and bill the employer for that amount. The bill | ||
shall specify the calculations used to determine the amount | ||
due. If the employer disputes the amount of the bill, it may, | ||
within 30 days after receipt of the bill, apply to the System | ||
in writing for a recalculation. The application must specify in | ||
detail the grounds of the dispute and, if the employer asserts | ||
that the calculation is subject to subsection (g) or (h) of | ||
this Section, must include an affidavit setting forth and | ||
attesting to all facts within the employer's knowledge that are | ||
pertinent to the applicability of that subsection. Upon |
receiving a timely application for recalculation, the System | ||
shall review the application and, if appropriate, recalculate | ||
the amount due.
| ||
The employer contributions required under this subsection | ||
(f) may be paid in the form of a lump sum within 90 days after | ||
receipt of the bill. If the employer contributions are not paid | ||
within 90 days after receipt of the bill, then interest will be | ||
charged at a rate equal to the System's annual actuarially | ||
assumed rate of return on investment compounded annually from | ||
the 91st day after receipt of the bill. Payments must be | ||
concluded within 3 years after the employer's receipt of the | ||
bill.
| ||
(g) This subsection (g) applies only to payments made or | ||
salary increases given on or after June 1, 2005 but before July | ||
1, 2011. The changes made by Public Act 94-1057 shall not | ||
require the System to refund any payments received before
July | ||
31, 2006 (the effective date of Public Act 94-1057). | ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases paid to teachers | ||
under contracts or collective bargaining agreements entered | ||
into, amended, or renewed before June 1, 2005.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases paid to a | ||
teacher at a time when the teacher is 10 or more years from | ||
retirement eligibility under Section 16-132 or 16-133.2.
| ||
When assessing payment for any amount due under subsection |
(f), the System shall exclude salary increases resulting from | ||
overload work, including summer school, when the school | ||
district has certified to the System, and the System has | ||
approved the certification, that (i) the overload work is for | ||
the sole purpose of classroom instruction in excess of the | ||
standard number of classes for a full-time teacher in a school | ||
district during a school year and (ii) the salary increases are | ||
equal to or less than the rate of pay for classroom instruction | ||
computed on the teacher's current salary and work schedule.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude a salary increase resulting from | ||
a promotion (i) for which the employee is required to hold a | ||
certificate or supervisory endorsement issued by the State | ||
Teacher Certification Board that is a different certification | ||
or supervisory endorsement than is required for the teacher's | ||
previous position and (ii) to a position that has existed and | ||
been filled by a member for no less than one complete academic | ||
year and the salary increase from the promotion is an increase | ||
that results in an amount no greater than the lesser of the | ||
average salary paid for other similar positions in the district | ||
requiring the same certification or the amount stipulated in | ||
the collective bargaining agreement for a similar position | ||
requiring the same certification.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude any payment to the teacher from | ||
the State of Illinois or the State Board of Education over |
which the employer does not have discretion, notwithstanding | ||
that the payment is included in the computation of final | ||
average salary.
| ||
(h) When assessing payment for any amount due under | ||
subsection (f), the System shall exclude any salary increase | ||
described in subsection (g) of this Section given on or after | ||
July 1, 2011 but before July 1, 2014 under a contract or | ||
collective bargaining agreement entered into, amended, or | ||
renewed on or after June 1, 2005 but before July 1, 2011. | ||
Notwithstanding any other provision of this Section, any | ||
payments made or salary increases given after June 30, 2014 | ||
shall be used in assessing payment for any amount due under | ||
subsection (f) of this Section.
| ||
(i) The System shall prepare a report and file copies of | ||
the report with the Governor and the General Assembly by | ||
January 1, 2007 that contains all of the following information: | ||
(1) The number of recalculations required by the | ||
changes made to this Section by Public Act 94-1057 for each | ||
employer. | ||
(2) The dollar amount by which each employer's | ||
contribution to the System was changed due to | ||
recalculations required by Public Act 94-1057. | ||
(3) The total amount the System received from each | ||
employer as a result of the changes made to this Section by | ||
Public Act 94-4. | ||
(4) The increase in the required State contribution |
resulting from the changes made to this Section by Public | ||
Act 94-1057.
| ||
(j) For purposes of determining the required State | ||
contribution to the System, the value of the System's assets | ||
shall be equal to the actuarial value of the System's assets, | ||
which shall be calculated as follows: | ||
As of June 30, 2008, the actuarial value of the System's | ||
assets shall be equal to the market value of the assets as of | ||
that date. In determining the actuarial value of the System's | ||
assets for fiscal years after June 30, 2008, any actuarial | ||
gains or losses from investment return incurred in a fiscal | ||
year shall be recognized in equal annual amounts over the | ||
5-year period following that fiscal year. | ||
(k) For purposes of determining the required State | ||
contribution to the system for a particular year, the actuarial | ||
value of assets shall be assumed to earn a rate of return equal | ||
to the system's actuarially assumed rate of return. | ||
(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; | ||
96-1511, eff. 1-27-11; 96-1554, eff. 3-18-11; 97-694, eff. | ||
6-18-12; 97-813, eff. 7-13-12.)
| ||
(Text of Section after amendment by P.A. 98-599 )
| ||
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 100% funded basis | ||
in accordance
with actuarial recommendations by the end of | ||
State fiscal year 2044.
| ||
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 through November | ||
15, 2011, the Board shall certify to the
Governor the amount of | ||
the required State contribution for the coming fiscal
year. The | ||
certification under this subsection (a-1) 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.
| ||
On or before April 1, 2011, the Board shall recalculate and | ||
recertify to the Governor the amount of the required State | ||
contribution to the System for State fiscal year 2011, applying | ||
the changes made by Public Act 96-889 to the System's assets | ||
and liabilities as of June 30, 2009 as though Public Act 96-889 | ||
was approved on that date. | ||
(a-5) On or before November 1 of each year, beginning | ||
November 1, 2012, the Board shall submit to the State Actuary, | ||
the Governor, and the General Assembly a proposed certification | ||
of the amount of the required State contribution to the System | ||
for the next fiscal year, along with all of the actuarial | ||
assumptions, calculations, and data upon which that proposed | ||
certification is based. On or before January 1 of each year, | ||
beginning January 1, 2013, the State Actuary shall issue a | ||
preliminary report concerning the proposed certification and | ||
identifying, if necessary, recommended changes in actuarial | ||
assumptions that the Board must consider before finalizing its | ||
certification of the required State contributions. | ||
On or before January 15, 2013 and each January 15 | ||
thereafter, the Board shall certify to the Governor and the | ||
General Assembly the amount of the required State contribution | ||
for the next fiscal year. The certification shall include a | ||
copy of the actuarial
recommendations upon which it is based | ||
and shall specifically identify the System's projected State | ||
normal cost for that fiscal year. The Board's certification |
must note any deviations from the State Actuary's recommended | ||
changes, the reason or reasons for not following the State | ||
Actuary's recommended changes, and the fiscal impact of not | ||
following the State Actuary's recommended changes on the | ||
required State contribution. | ||
(a-10) For purposes of Section (c-5) of Section 20 of the | ||
Budget Stabilization Act, on or before November 1 of each year | ||
beginning November 1, 2014, the Board shall determine the | ||
amount of the State contribution to the System that would have | ||
been required for the next fiscal year if this amendatory Act | ||
of the 98th General Assembly had not taken effect, using the | ||
best and most recent available data but based on the law in | ||
effect on May 31, 2014. The Board shall submit to the State | ||
Actuary, the Governor, and the General Assembly a proposed | ||
certification, along with the relevant law, actuarial | ||
assumptions, calculations, and data upon which that | ||
certification is based. On or before January 1, 2015 and every | ||
January 1 thereafter, the State Actuary shall issue a | ||
preliminary report concerning the proposed certification and | ||
identifying, if necessary, recommended changes in actuarial | ||
assumptions that the Board must consider before finalizing its | ||
certification. On or before January 15, 2015 and every January | ||
1 thereafter, the Board shall certify to the Governor and the | ||
General Assembly the amount of the State contribution to the | ||
System that would have been required for the next fiscal year | ||
if this amendatory Act of the 98th General Assembly had not |
taken effect, using the best and most recent available data but | ||
based on the law in effect on May 31, 2014. The Board's | ||
certification must note any deviations from the State Actuary's | ||
recommended changes, the reason or reasons for not following | ||
the State Actuary's recommended changes, and the impact of not | ||
following the State Actuary's recommended changes. | ||
(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 2015 through 2044, 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 | ||
equal to the sum of (1) the State's portion of the projected | ||
normal cost for that fiscal year, plus (2) an amount sufficient | ||
to bring the total assets of the
System up to 100% of the total | ||
actuarial liabilities of the System by the end of
State fiscal | ||
year 2044. 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 2044 and shall be
determined under the projected | ||
unit cost method for fiscal year 2015 and under the entry age | ||
normal actuarial cost method for fiscal years 2016 through | ||
2044. | ||
For State fiscal years 2012 through 2014, 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 2009, 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.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State contribution for State fiscal year 2010 is | ||
$2,089,268,000 and shall be made from the proceeds of bonds | ||
sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||
Obligation Bond Act, less (i) the pro rata share of bond sale | ||
expenses determined by the System's share of total bond | ||
proceeds, (ii) any amounts received from the Common School Fund | ||
in fiscal year 2010, and (iii) any reduction in bond proceeds | ||
due to the issuance of discounted bonds, if applicable. | ||
Notwithstanding any other provision of this Article, the
| ||
total required State contribution for State fiscal year 2011 is
| ||
the amount recertified by the System on or before April 1, 2011 | ||
pursuant to subsection (a-1) of this Section and shall be made | ||
from the proceeds of bonds
sold in fiscal year 2011 pursuant to | ||
Section 7.2 of the General
Obligation Bond Act, less (i) the | ||
pro rata share of bond sale
expenses determined by the System's | ||
share of total bond
proceeds, (ii) any amounts received from | ||
the Common School Fund
in fiscal year 2011, and (iii) any |
reduction in bond proceeds
due to the issuance of discounted | ||
bonds, if applicable. This amount shall include, in addition to | ||
the amount certified by the System, an amount necessary to meet | ||
employer contributions required by the State as an employer | ||
under paragraph (e) of this Section, which may also be used by | ||
the System for contributions required by paragraph (a) of | ||
Section 16-127. | ||
Beginning in State fiscal year 2045, the minimum State | ||
contribution for each fiscal year shall be the amount needed to | ||
maintain the total assets of the System at 100% of the total | ||
actuarial liabilities of the System.
| ||
Amounts received by the System pursuant to Section 25 of | ||
the Budget Stabilization Act or Section 8.12 of the State | ||
Finance 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 100%. 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 through State |
fiscal year 2014, 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 in fiscal | ||
year 2003 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 in fiscal year 2003 | ||
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, which, beginning July 1, 2014, shall be at a | ||
rate, expressed as a percentage of salary, equal to the total | ||
minimum contribution
to the System to be made by the State for | ||
that fiscal year, including both normal cost and unfunded | ||
liability components, expressed as a percentage of payroll, as | ||
determined by the System under subsection (b-3) of this | ||
Section . 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. Any | ||
contribution for fiscal year 2015 collected as a result of the | ||
change made by this amendatory Act of the 98th General Assembly | ||
shall be considered a State contribution under subsection (b-3) | ||
of this Section.
| ||
(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 member's | ||
annual full-time salary rate 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. If a | ||
teacher's salary for the 2005-2006 school year is used to | ||
determine final average salary under this subsection (f), then | ||
the changes made to this subsection (f) by Public Act 94-1057 | ||
shall apply in calculating whether the increase in his or her | ||
salary is in excess of 6%. For the purposes of this Section, | ||
change in employment under Section 10-21.12 of the School Code | ||
on or after June 1, 2005 shall constitute a change in employer. | ||
The System may require the employer to provide any pertinent | ||
information or documentation.
The changes made to this | ||
subsection (f) by this amendatory Act of the 94th General | ||
Assembly apply without regard to whether the teacher was in | ||
service on or after its effective date.
|
Whenever it determines that a payment is or may be required | ||
under this subsection, the System shall calculate the amount of | ||
the payment and bill the employer for that amount. The bill | ||
shall specify the calculations used to determine the amount | ||
due. If the employer disputes the amount of the bill, it may, | ||
within 30 days after receipt of the bill, apply to the System | ||
in writing for a recalculation. The application must specify in | ||
detail the grounds of the dispute and, if the employer asserts | ||
that the calculation is subject to subsection (g) or (h) of | ||
this Section, must include an affidavit setting forth and | ||
attesting to all facts within the employer's knowledge that are | ||
pertinent to the applicability of that subsection. Upon | ||
receiving a timely application for recalculation, the System | ||
shall review the application and, if appropriate, recalculate | ||
the amount due.
| ||
The employer contributions required under this subsection | ||
(f) may be paid in the form of a lump sum within 90 days after | ||
receipt of the bill. If the employer contributions are not paid | ||
within 90 days after receipt of the bill, then interest will be | ||
charged at a rate equal to the System's annual actuarially | ||
assumed rate of return on investment compounded annually from | ||
the 91st day after receipt of the bill. Payments must be | ||
concluded within 3 years after the employer's receipt of the | ||
bill.
| ||
(g) This subsection (g) applies only to payments made or | ||
salary increases given on or after June 1, 2005 but before July |
1, 2011. The changes made by Public Act 94-1057 shall not | ||
require the System to refund any payments received before
July | ||
31, 2006 (the effective date of Public Act 94-1057). | ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases paid to teachers | ||
under contracts or collective bargaining agreements entered | ||
into, amended, or renewed before June 1, 2005.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases paid to a | ||
teacher at a time when the teacher is 10 or more years from | ||
retirement eligibility under Section 16-132 or 16-133.2.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases resulting from | ||
overload work, including summer school, when the school | ||
district has certified to the System, and the System has | ||
approved the certification, that (i) the overload work is for | ||
the sole purpose of classroom instruction in excess of the | ||
standard number of classes for a full-time teacher in a school | ||
district during a school year and (ii) the salary increases are | ||
equal to or less than the rate of pay for classroom instruction | ||
computed on the teacher's current salary and work schedule.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude a salary increase resulting from | ||
a promotion (i) for which the employee is required to hold a | ||
certificate or supervisory endorsement issued by the State | ||
Teacher Certification Board that is a different certification |
or supervisory endorsement than is required for the teacher's | ||
previous position and (ii) to a position that has existed and | ||
been filled by a member for no less than one complete academic | ||
year and the salary increase from the promotion is an increase | ||
that results in an amount no greater than the lesser of the | ||
average salary paid for other similar positions in the district | ||
requiring the same certification or the amount stipulated in | ||
the collective bargaining agreement for a similar position | ||
requiring the same certification.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude any payment to the teacher from | ||
the State of Illinois or the State Board of Education over | ||
which the employer does not have discretion, notwithstanding | ||
that the payment is included in the computation of final | ||
average salary.
| ||
(h) When assessing payment for any amount due under | ||
subsection (f), the System shall exclude any salary increase | ||
described in subsection (g) of this Section given on or after | ||
July 1, 2011 but before July 1, 2014 under a contract or | ||
collective bargaining agreement entered into, amended, or | ||
renewed on or after June 1, 2005 but before July 1, 2011. | ||
Notwithstanding any other provision of this Section, any | ||
payments made or salary increases given after June 30, 2014 | ||
shall be used in assessing payment for any amount due under | ||
subsection (f) of this Section.
| ||
(i) The System shall prepare a report and file copies of |
the report with the Governor and the General Assembly by | ||
January 1, 2007 that contains all of the following information: | ||
(1) The number of recalculations required by the | ||
changes made to this Section by Public Act 94-1057 for each | ||
employer. | ||
(2) The dollar amount by which each employer's | ||
contribution to the System was changed due to | ||
recalculations required by Public Act 94-1057. | ||
(3) The total amount the System received from each | ||
employer as a result of the changes made to this Section by | ||
Public Act 94-4. | ||
(4) The increase in the required State contribution | ||
resulting from the changes made to this Section by Public | ||
Act 94-1057.
| ||
(j) For purposes of determining the required State | ||
contribution to the System, the value of the System's assets | ||
shall be equal to the actuarial value of the System's assets, | ||
which shall be calculated as follows: | ||
As of June 30, 2008, the actuarial value of the System's | ||
assets shall be equal to the market value of the assets as of | ||
that date. In determining the actuarial value of the System's | ||
assets for fiscal years after June 30, 2008, any actuarial | ||
gains or losses from investment return incurred in a fiscal | ||
year shall be recognized in equal annual amounts over the | ||
5-year period following that fiscal year. | ||
(k) For purposes of determining the required State |
contribution to the system for a particular year, the actuarial | ||
value of assets shall be assumed to earn a rate of return equal | ||
to the system's actuarially assumed rate of return. | ||
(Source: P.A. 97-694, eff. 6-18-12; 97-813, eff. 7-13-12; | ||
98-599, eff. 6-1-14.)
| ||
Section 20-55. The Illinois Police Training Act is amended | ||
by changing Section 9 as follows:
| ||
(50 ILCS 705/9) (from Ch. 85, par. 509)
| ||
Sec. 9.
A special fund is hereby established in the State | ||
Treasury to
be known as "The Traffic and Criminal Conviction | ||
Surcharge Fund" and shall
be financed as provided in Section | ||
9.1 of this Act and Section 5-9-1 of the
"Unified Code of | ||
Corrections", unless the fines, costs or additional
amounts | ||
imposed are subject to disbursement by the circuit clerk under
| ||
Section 27.5 of the Clerks of Courts Act. Moneys in this Fund | ||
shall be
expended as follows:
| ||
(1) A portion of the total amount deposited in the Fund | ||
may be used, as
appropriated by the General Assembly, for | ||
the ordinary and contingent expenses
of the Illinois Law | ||
Enforcement Training Standards Board;
| ||
(2) A portion of the total amount deposited in the Fund
| ||
shall be appropriated for the reimbursement of local | ||
governmental agencies
participating in training programs | ||
certified by the Board, in an amount
equaling 1/2 of the |
total sum paid by such agencies during the State's previous
| ||
fiscal year for mandated training for probationary police | ||
officers or
probationary county corrections officers and | ||
for optional advanced and
specialized law enforcement or | ||
county corrections training. These
reimbursements may | ||
include the costs for tuition at training schools, the
| ||
salaries of trainees while in schools, and the necessary | ||
travel and room
and board expenses for each trainee. If the | ||
appropriations under this
paragraph (2) are not sufficient | ||
to fully reimburse the participating local
governmental | ||
agencies, the available funds shall be apportioned among | ||
such
agencies, with priority first given to repayment of | ||
the costs of mandatory
training given to law enforcement | ||
officer or county corrections officer
recruits, then to | ||
repayment of costs of advanced or specialized training
for | ||
permanent police officers or permanent county corrections | ||
officers;
| ||
(3) A portion of the total amount deposited in the Fund | ||
may be used to
fund the "Intergovernmental Law Enforcement | ||
Officer's In-Service Training
Act", veto overridden | ||
October 29, 1981, as now or hereafter amended, at
a rate | ||
and method to be determined by the board;
| ||
(4) A portion of the Fund also may be used by the | ||
Illinois Department
of State Police for expenses incurred | ||
in the training of employees from
any State, county or | ||
municipal agency whose function includes enforcement
of |
criminal or traffic law;
| ||
(5) A portion of the Fund may be used by the Board to | ||
fund grant-in-aid
programs and services for the training of | ||
employees from any county or
municipal agency whose | ||
functions include corrections or the enforcement of
| ||
criminal or traffic
law; and
| ||
(6) For fiscal years 2013 , 2014, and 2015 2014 only, a | ||
portion of the Fund also may be used by the
Department of | ||
State Police to finance any of its lawful purposes or | ||
functions. | ||
All payments from the Traffic and Criminal Conviction | ||
Surcharge Fund shall
be made each year from moneys appropriated | ||
for the purposes specified in
this Section. No more than 50% of | ||
any appropriation under this Act shall be
spent in any city | ||
having a population of more than 500,000. The State
Comptroller | ||
and the State Treasurer shall from time to time, at the
| ||
direction of the Governor, transfer from the Traffic and | ||
Criminal
Conviction Surcharge Fund to the General Revenue Fund | ||
in the State Treasury
such amounts as the Governor determines | ||
are in excess of the amounts
required to meet the obligations | ||
of the Traffic and Criminal Conviction
Surcharge Fund.
| ||
(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)
| ||
Section 20-60. The Law Enforcement Camera Grant Act is | ||
amended by changing Section 10 as follows: |
(50 ILCS 707/10)
| ||
Sec. 10. Law Enforcement Camera Grant Fund; creation, | ||
rules. | ||
(a) The Law Enforcement Camera Grant Fund is created as a | ||
special fund in the State treasury. From appropriations to the | ||
Board from the Fund, the Board must make grants to units of | ||
local government in Illinois for the purpose of installing | ||
video cameras in law enforcement vehicles and training law | ||
enforcement officers in the operation of the cameras. | ||
Moneys received for the purposes of this Section, | ||
including, without limitation, fee receipts and gifts, grants, | ||
and awards from any public or private entity, must be deposited | ||
into the Fund. Any interest earned on moneys in the Fund must | ||
be deposited into the Fund. | ||
(b) The Board may set requirements for the distribution of | ||
grant moneys and determine which law enforcement agencies are | ||
eligible. | ||
(c) The Board shall develop model rules to be adopted by | ||
law enforcement agencies that receive grants under this | ||
Section. The rules shall include the following requirements: | ||
(1) Cameras must be installed in the law enforcement | ||
vehicles. | ||
(2) Videotaping must provide audio of the officer when | ||
the officer is outside of the vehicle. | ||
(3) Camera access must be restricted to the supervisors | ||
of the officer in the vehicle. |
(4) Cameras must be turned on continuously throughout | ||
the officer's shift. | ||
(5) A copy of the videotape must be made available upon | ||
request to personnel of the law enforcement agency, the | ||
local State's Attorney, and any persons depicted in the | ||
video. Procedures for distribution of the videotape must | ||
include safeguards to protect the identities of | ||
individuals who are not a party to the requested stop. | ||
(6) Law enforcement agencies that receive moneys under | ||
this grant shall provide for storage of the tapes for a | ||
period of not less than 2 years. | ||
(d) Any law enforcement agency receiving moneys under this | ||
Section must provide an annual report to the Board, the | ||
Governor, and the General Assembly, which will be due on May 1 | ||
of the year following the receipt of the grant and each May 1 | ||
thereafter during the period of the grant. The report shall | ||
include (i) the number of cameras received by the law | ||
enforcement agency, (ii) the number of cameras actually | ||
installed in law enforcement vehicles, (iii) a brief | ||
description of the review process used by supervisors within | ||
the law enforcement agency, (iv) a list of any criminal, | ||
traffic, ordinance, and civil cases where video recordings were | ||
used, including party names, case numbers, offenses charged, | ||
and disposition of the matter, (this item applies, but is not | ||
limited to, court proceedings, coroner's inquests, grand jury | ||
proceedings, and plea bargains), and (v) any other information |
relevant to the administration of the program. | ||
(e) No applications for grant money under this Section | ||
shall be accepted before January 1, 2007 or after January 1, | ||
2011.
| ||
(f) Notwithstanding any other provision of law, in addition | ||
to any other transfers that may be provided by law, on July 1, | ||
2012 only, or as soon thereafter as practical, the State | ||
Comptroller shall direct and the State Treasurer shall transfer | ||
any funds in excess of $1,000,000 held in the Law Enforcement | ||
Camera Grant Fund to the State Police Operations Assistance | ||
Fund. | ||
(g) Notwithstanding any other provision of law, in addition | ||
to any other transfers that may be provided by law, on July 1, | ||
2013 only, or as soon thereafter as practical, the State | ||
Comptroller shall direct and the State Treasurer shall transfer | ||
the sum of $2,000,000 from the Law Enforcement Camera Grant | ||
Fund to the Traffic and Criminal Conviction Surcharge Fund. | ||
(h) Notwithstanding any other provision of law, in addition | ||
to any other transfers that may be provided by law, the State | ||
Comptroller shall direct and the State Treasurer shall transfer | ||
the sum of $2,000,000 from the Law Enforcement Camera Grant | ||
Fund to the Traffic and Criminal Conviction Surcharge Fund | ||
according to the schedule specified as follows: one-half of the | ||
specified amount shall be transferred on July 1, 2014, or as | ||
soon thereafter as practical, and one-half of the specified | ||
amount shall be transferred on June 1, 2015, or as soon |
thereafter as practical. | ||
(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.) | ||
Section 20-65. The Family Practice Residency Act is amended | ||
by changing Sections 2, 3, and 4.10 and by adding Section 3.09 | ||
as follows:
| ||
(110 ILCS 935/2) (from Ch. 144, par. 1452)
| ||
Sec. 2.
The purpose of this Act is to establish programs a | ||
program in the
Illinois Department of Public Health to upgrade | ||
primary health care
services for all citizens of the State, to | ||
increase access, and to reduce health care disparities by | ||
providing grants to family
practice and preventive medicine | ||
residency programs, scholarships to
medical students , and a | ||
loan repayment program for physicians and other eligible | ||
primary care providers who
will agree to practice in areas of | ||
the State demonstrating the greatest
need for more professional | ||
medical care. The programs program shall encourage
family | ||
practice physicians and other eligible primary care providers | ||
to locate in areas where health manpower
shortages exist and to | ||
increase the total number of family practice
physicians and | ||
other eligible primary care providers in the State.
| ||
(Source: P.A. 86-926.)
| ||
(110 ILCS 935/3) (from Ch. 144, par. 1453)
| ||
Sec. 3.
The terms specified in the following Sections 3.01 |
through 3.08 have the meanings
ascribed to them in those | ||
Sections unless the context of this Act otherwise requires.
| ||
(Source: P.A. 80-478.)
| ||
(110 ILCS 935/3.09 new) | ||
Sec. 3.09. Eligible primary care providers. "Eligible | ||
primary care providers" means health care providers within | ||
specialties determined to be eligible by the U.S. Health | ||
Resources and Services Administration for the National Health | ||
Service Corps Loan Repayment Program.
| ||
(110 ILCS 935/4.10) (from Ch. 144, par. 1454.10)
| ||
Sec. 4.10.
To establish programs a program , and the | ||
criteria for such programs program ,
for the repayment of the | ||
educational loans of primary care physicians and other eligible | ||
primary care providers who
agree to serve in Designated | ||
Shortage Areas for a specified period of time,
no less than 2 | ||
years. Payments under this program may be made for the
| ||
principal, interest and related expenses of government and
| ||
commercial loans received by the individual for tuition | ||
expenses, and all other
reasonable educational expenses | ||
incurred by the individual. The maximum annual
payment which | ||
may be made to an individual under this law is $20,000, or
25% | ||
of the total covered educational indebtedness as
provided in | ||
this Section, whichever is less. Payments made under this
| ||
provision shall be exempt from Illinois State Income Tax. The |
Department may use tobacco settlement recovery funding or other | ||
available funding to implement this Section.
| ||
(Source: P.A. 92-16, eff. 6-28-01.)
| ||
Section 20-70. The Illinois Public Aid Code is amended by | ||
changing Sections 3-5, 5-33, and 5-34 as follows:
| ||
(305 ILCS 5/3-5) (from Ch. 23, par. 3-5)
| ||
Sec. 3-5. Amount of aid. The amount and nature of financial | ||
aid granted
to or in behalf of aged, blind, or disabled persons | ||
shall be determined
in accordance with the standards, grant | ||
amounts, rules and regulations of
the Illinois Department. Due | ||
regard shall be given to the requirements
and conditions | ||
existing in each case, and to the amount of property
owned and | ||
the income, money contributions, and other support, and
| ||
resources received or obtainable by the person, from whatever | ||
source.
However, the amount and nature of any financial aid is | ||
not affected by
the payment of any grant under the "Senior | ||
Citizens and Disabled Persons
Property Tax Relief Act" or any | ||
distributions
or items of income described under subparagraph | ||
(X) of paragraph (2) of
subsection (a) of Section 203 of the | ||
Illinois Income Tax Act. The aid shall
be sufficient, when | ||
added to all other income, money contributions and
support, to | ||
provide the person with a grant in the amount established by
| ||
Department regulation for such a person, based upon standards | ||
providing a
livelihood compatible with health and well-being. |
Financial aid under this Article granted to persons who have | ||
been found ineligible for Supplemental Security Income (SSI) | ||
due to expiration of the period of eligibility for refugees and | ||
asylees pursuant to 8 U.S.C. 1612(a)(2) shall equal 90% of the | ||
current maximum SSI payment amount per month not exceed $500 | ||
per month .
| ||
(Source: P.A. 97-689, eff. 6-14-12.)
| ||
(305 ILCS 5/5-33 new) | ||
Sec. 5-33. Personal needs allowance; ID/DD facility. | ||
During State fiscal year 2015 only and no later than January 1, | ||
2015, the monthly personal needs allowance required under | ||
Section 1902(g) of Title XIX of the Social Security Act (42 | ||
U.S.C. 1396(g)) for any person residing in a facility licensed | ||
under the ID/DD Community Care Act and who has been determined | ||
eligible for medical assistance under this Code shall be no | ||
less than $60. | ||
This Section is repealed on January 1, 2016. | ||
(305 ILCS 5/5-34 new) | ||
Sec. 5-34. Personal needs allowance; CILA. During State | ||
fiscal year 2015 only and no later than January 1, 2015, the | ||
monthly personal needs allowance required under Section | ||
1902(g) of Title XIX of the Social Security Act (42 U.S.C. | ||
1396(g)) for any person residing in a facility licensed under | ||
the Community-Integrated Living Arrangements Licensure and
|
Certification Act, who is determined to be eligible for
medical | ||
assistance under this Code and who is enrolled in
the Illinois | ||
Home and Community Based Services Medicaid Waiver
program for | ||
adults with developmental disabilities, shall be no less than | ||
$60. | ||
This Section is repealed on January 1, 2016. | ||
ARTICLE 25. RETIREMENT CONTRIBUTIONS | ||
Section 25-5. The State Finance Act is amended by changing | ||
Sections 8.12 and 14.1 as follows:
| ||
(30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
| ||
Sec. 8.12. State Pensions Fund.
| ||
(a) The moneys in the State Pensions Fund shall be used | ||
exclusively
for the administration of the Uniform Disposition | ||
of Unclaimed Property Act and
for the expenses incurred by the | ||
Auditor General for administering the provisions of Section | ||
2-8.1 of the Illinois State Auditing Act and for the funding of | ||
the unfunded liabilities of the designated retirement systems. | ||
Beginning in State fiscal year 2016 2015 , payments to the | ||
designated retirement systems under this Section shall be in | ||
addition to, and not in lieu of, any State contributions | ||
required under the Illinois Pension Code.
| ||
"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) Each year the General Assembly may make appropriations | ||
from
the State Pensions Fund for the administration of the | ||
Uniform Disposition of
Unclaimed Property Act.
| ||
Each month, the Commissioner of the Office of Banks and | ||
Real Estate shall
certify to the State Treasurer the actual | ||
expenditures that the Office of
Banks and Real Estate incurred | ||
conducting unclaimed property examinations under
the Uniform | ||
Disposition of Unclaimed Property Act during the immediately
| ||
preceding month. Within a reasonable
time following the | ||
acceptance of such certification by the State Treasurer, the
| ||
State Treasurer shall pay from its appropriation from the State | ||
Pensions Fund
to the Bank and Trust Company Fund and the | ||
Savings and Residential Finance
Regulatory Fund an amount equal | ||
to the expenditures incurred by each Fund for
that month.
| ||
Each month, the Director of Financial Institutions shall
| ||
certify to the State Treasurer the actual expenditures that the | ||
Department of
Financial Institutions incurred conducting | ||
unclaimed property examinations
under the Uniform Disposition | ||
of Unclaimed Property Act during the immediately
preceding | ||
month. Within a reasonable time following the acceptance of |
such
certification by the State Treasurer, the State Treasurer | ||
shall pay from its
appropriation from the State Pensions Fund
| ||
to the Financial Institution Fund and the Credit Union Fund
an | ||
amount equal to the expenditures incurred by each Fund for
that | ||
month.
| ||
(c) As soon as possible after the effective date of this | ||
amendatory Act of the 93rd General Assembly, the General | ||
Assembly shall appropriate from the State Pensions Fund (1) to | ||
the State Universities Retirement System the amount certified | ||
under Section 15-165 during the prior year, (2) to the Judges | ||
Retirement System of Illinois the amount certified under | ||
Section 18-140 during the prior year, and (3) to the General | ||
Assembly Retirement System the amount certified under Section | ||
2-134 during the prior year as part of the required
State | ||
contributions to each of those designated retirement systems; | ||
except that amounts appropriated under this subsection (c) in | ||
State fiscal year 2005 shall not reduce the amount in the State | ||
Pensions Fund below $5,000,000. If the amount in the State | ||
Pensions Fund does not exceed the sum of the amounts certified | ||
in Sections 15-165, 18-140, and 2-134 by at least $5,000,000, | ||
the amount paid to each designated retirement system under this | ||
subsection shall be reduced in proportion to the amount | ||
certified by each of those designated retirement systems.
| ||
(c-5) For fiscal years 2006 through 2015 2014 , the General | ||
Assembly shall appropriate from the State Pensions Fund to the | ||
State Universities Retirement System the amount estimated to be |
available during the fiscal year in the State Pensions Fund; | ||
provided, however, that the amounts appropriated under this | ||
subsection (c-5) shall not reduce the amount in the State | ||
Pensions Fund below $5,000,000.
| ||
(c-6) For fiscal year 2016 2015 and each fiscal year | ||
thereafter, as soon as may be practical after any money is | ||
deposited into the State Pensions Fund from the Unclaimed | ||
Property Trust Fund, the State Treasurer shall apportion the | ||
deposited amount among the designated retirement systems as | ||
defined in subsection (a) to reduce their actuarial reserve | ||
deficiencies. The State Comptroller and State Treasurer shall | ||
pay the apportioned amounts to the designated retirement | ||
systems to fund the unfunded liabilities of the designated | ||
retirement systems. The amount apportioned to each designated | ||
retirement system shall constitute a portion of the amount | ||
estimated to be available for appropriation from the State | ||
Pensions Fund that is the same as that retirement system's | ||
portion of the total actual reserve deficiency of the systems, | ||
as determined annually by the Governor's Office of Management | ||
and Budget at the request of the State Treasurer. The amounts | ||
apportioned under this subsection shall not reduce the amount | ||
in the State Pensions Fund below $5,000,000. | ||
(d) The
Governor's Office of Management and Budget shall | ||
determine the individual and total
reserve deficiencies of the | ||
designated retirement systems. For this purpose,
the
| ||
Governor's Office of Management and Budget shall utilize the |
latest available audit and actuarial
reports of each of the | ||
retirement systems and the relevant reports and
statistics of | ||
the Public Employee Pension Fund Division of the Department of
| ||
Insurance.
| ||
(d-1) As soon as practicable after the effective date of | ||
this
amendatory Act of the 93rd General Assembly, the | ||
Comptroller shall
direct and the Treasurer shall transfer from | ||
the State Pensions Fund to
the General Revenue Fund, as funds | ||
become available, a sum equal to the
amounts that would have | ||
been paid
from the State Pensions Fund to the Teachers' | ||
Retirement System of the State
of Illinois,
the State | ||
Universities Retirement System, the Judges Retirement
System | ||
of Illinois, the
General Assembly Retirement System, and the | ||
State Employees'
Retirement System
of Illinois
after the | ||
effective date of this
amendatory Act during the remainder of | ||
fiscal year 2004 to the
designated retirement systems from the | ||
appropriations provided for in
this Section if the transfers | ||
provided in Section 6z-61 had not
occurred. The transfers | ||
described in this subsection (d-1) are to
partially repay the | ||
General Revenue Fund for the costs associated with
the bonds | ||
used to fund the moneys transferred to the designated
| ||
retirement systems under Section 6z-61.
| ||
(e) The changes to this Section made by this amendatory Act | ||
of 1994 shall
first apply to distributions from the Fund for | ||
State fiscal year 1996.
| ||
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, |
eff. 6-19-13; 98-463, eff. 8-16-13.)
| ||
(30 ILCS 105/14.1)
(from Ch. 127, par. 150.1)
| ||
Sec. 14.1. Appropriations for State contributions to the | ||
State
Employees' Retirement System; payroll requirements. | ||
(a) Appropriations for State contributions to the State
| ||
Employees' Retirement System of Illinois shall be expended in | ||
the manner
provided in this Section.
Except as otherwise | ||
provided in subsections (a-1), (a-2), (a-3), and (a-4)
at the | ||
time of each payment of salary to an
employee under the | ||
personal services line item, payment shall be made to
the State | ||
Employees' Retirement System, from the amount appropriated for
| ||
State contributions to the State Employees' Retirement System, | ||
of an amount
calculated at the rate certified for the | ||
applicable fiscal year by the
Board of Trustees of the State | ||
Employees' Retirement System under Section
14-135.08 of the | ||
Illinois Pension Code. If a line item appropriation to an
| ||
employer for this purpose is exhausted or is unavailable due to | ||
any limitation on appropriations that may apply, (including, | ||
but not limited to, limitations on appropriations from the Road | ||
Fund under Section 8.3 of the State Finance Act), the amounts | ||
shall be
paid under the continuing appropriation for this | ||
purpose contained in the State
Pension Funds Continuing | ||
Appropriation Act.
| ||
(a-1) Beginning on the effective date of this amendatory | ||
Act of the 93rd
General Assembly through the payment of the |
final payroll from fiscal
year 2004 appropriations, | ||
appropriations for State contributions to the
State Employees' | ||
Retirement System of Illinois shall be expended in the
manner | ||
provided in this subsection (a-1). At the time of each payment | ||
of
salary to an employee under the personal services line item | ||
from a fund
other than the General Revenue Fund, payment shall | ||
be made for deposit
into the General Revenue Fund from the | ||
amount appropriated for State
contributions to the State | ||
Employees' Retirement System of an amount
calculated at the | ||
rate certified for fiscal year 2004 by the Board of
Trustees of | ||
the State Employees' Retirement System under Section
14-135.08 | ||
of the Illinois Pension Code. This payment shall be made to
the | ||
extent that a line item appropriation to an employer for this | ||
purpose is
available or unexhausted. No payment from | ||
appropriations for State
contributions shall be made in | ||
conjunction with payment of salary to an
employee under the | ||
personal services line item from the General Revenue
Fund.
| ||
(a-2) For fiscal year 2010 only, at the time of each | ||
payment of salary to an employee under the personal services | ||
line item from a fund other than the General Revenue Fund, | ||
payment shall be made for deposit into the State Employees' | ||
Retirement System of Illinois from the amount appropriated for | ||
State contributions to the State Employees' Retirement System | ||
of Illinois of an amount calculated at the rate certified for | ||
fiscal year 2010 by the Board of Trustees of the State | ||
Employees' Retirement System of Illinois under Section |
14-135.08 of the Illinois Pension Code. This payment shall be | ||
made to the extent that a line item appropriation to an | ||
employer for this purpose is available or unexhausted. For | ||
fiscal year 2010 only, no payment from appropriations for State | ||
contributions shall be made in conjunction with payment of | ||
salary to an employee under the personal services line item | ||
from the General Revenue Fund. | ||
(a-3) For fiscal year 2011 only, at the time of each | ||
payment of salary to an employee under the personal services | ||
line item from a fund other than the General Revenue Fund, | ||
payment shall be made for deposit into the State Employees' | ||
Retirement System of Illinois from the amount appropriated for | ||
State contributions to the State Employees' Retirement System | ||
of Illinois of an amount calculated at the rate certified for | ||
fiscal year 2011 by the Board of Trustees of the State | ||
Employees' Retirement System of Illinois under Section | ||
14-135.08 of the Illinois Pension Code. This payment shall be | ||
made to the extent that a line item appropriation to an | ||
employer for this purpose is available or unexhausted. For | ||
fiscal year 2011 only, no payment from appropriations for State | ||
contributions shall be made in conjunction with payment of | ||
salary to an employee under the personal services line item | ||
from the General Revenue Fund. | ||
(a-4) In fiscal years 2012 through 2015 2014 only, at the | ||
time of each payment of salary to an employee under the | ||
personal services line item from a fund other than the General |
Revenue Fund, payment shall be made for deposit into the State | ||
Employees' Retirement System of Illinois from the amount | ||
appropriated for State contributions to the State Employees' | ||
Retirement System of Illinois of an amount calculated at the | ||
rate certified for the applicable fiscal year by the Board of | ||
Trustees of the State Employees' Retirement System of Illinois | ||
under Section 14-135.08 of the Illinois Pension Code. In fiscal | ||
years 2012 through 2015 2014 only, no payment from | ||
appropriations for State contributions shall be made in | ||
conjunction with payment of salary to an employee under the | ||
personal services line item from the General Revenue Fund. | ||
(b) Except during the period beginning on the effective | ||
date of this
amendatory
Act of the 93rd General Assembly and | ||
ending at the time of the payment of the
final payroll from | ||
fiscal year 2004 appropriations, the State Comptroller
shall | ||
not approve for payment any payroll
voucher that (1) includes | ||
payments of salary to eligible employees in the
State | ||
Employees' Retirement System of Illinois and (2) does not | ||
include the
corresponding payment of State contributions to | ||
that retirement system at the
full rate certified under Section | ||
14-135.08 for that fiscal year for eligible
employees, unless | ||
the balance in the fund on which the payroll voucher is drawn
| ||
is insufficient to pay the total payroll voucher, or | ||
unavailable due to any limitation on appropriations that may | ||
apply, including, but not limited to, limitations on | ||
appropriations from the Road Fund under Section 8.3 of the |
State Finance Act. If the State Comptroller
approves a payroll | ||
voucher under this Section for which the fund balance is
| ||
insufficient to pay the full amount of the required State | ||
contribution to the
State Employees' Retirement System, the | ||
Comptroller shall promptly so notify
the Retirement System.
| ||
(b-1) For fiscal year 2010 and fiscal year 2011 only, the | ||
State Comptroller shall not approve for payment any non-General | ||
Revenue Fund payroll voucher that (1) includes payments of | ||
salary to eligible employees in the State Employees' Retirement | ||
System of Illinois and (2) does not include the corresponding | ||
payment of State contributions to that retirement system at the | ||
full rate certified under Section 14-135.08 for that fiscal | ||
year for eligible employees, unless the balance in the fund on | ||
which the payroll voucher is drawn is insufficient to pay the | ||
total payroll voucher, or unavailable due to any limitation on | ||
appropriations that may apply, including, but not limited to, | ||
limitations on appropriations from the Road Fund under Section | ||
8.3 of the State Finance Act. If the State Comptroller approves | ||
a payroll voucher under this Section for which the fund balance | ||
is insufficient to pay the full amount of the required State | ||
contribution to the State Employees' Retirement System of | ||
Illinois, the Comptroller shall promptly so notify the | ||
retirement system. | ||
(c) Notwithstanding any other provisions of law, beginning | ||
July 1, 2007, required State and employee contributions to the | ||
State Employees' Retirement System of Illinois relating to |
affected legislative staff employees shall be paid out of | ||
moneys appropriated for that purpose to the Commission on | ||
Government Forecasting and Accountability, rather than out of | ||
the lump-sum appropriations otherwise made for the payroll and | ||
other costs of those employees. | ||
These payments must be made pursuant to payroll vouchers | ||
submitted by the employing entity as part of the regular | ||
payroll voucher process. | ||
For the purpose of this subsection, "affected legislative | ||
staff employees" means legislative staff employees paid out of | ||
lump-sum appropriations made to the General Assembly, an | ||
Officer of the General Assembly, or the Senate Operations | ||
Commission, but does not include district-office staff or | ||
employees of legislative support services agencies. | ||
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||
eff. 6-19-13.)
| ||
Section 25-10. The Illinois Pension Code is amended by | ||
changing Section 14-131 as follows:
| ||
(40 ILCS 5/14-131)
| ||
(Text of Section before amendment by P.A. 98-599 ) | ||
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.
| ||
(c-1) Notwithstanding subsection (c) of this Section, for | ||
fiscal years 2010, 2012, 2013, and 2014 , and 2015 only, | ||
contributions by the several departments are not required to be | ||
made for General Revenue Funds payrolls processed by the | ||
Comptroller. Payrolls paid by the several departments from all | ||
other State funds must continue to be processed pursuant to | ||
subsection (c) of this Section. |
(c-2) For State fiscal years 2010, 2012, 2013, and 2014 , | ||
and 2015 only, on or as soon as possible after the 15th day of | ||
each month, the Board shall submit vouchers for payment of | ||
State contributions to the System, in a total monthly amount of | ||
one-twelfth of the fiscal year General Revenue Fund | ||
contribution as certified by the System pursuant to Section | ||
14-135.08 of the Illinois Pension Code. | ||
(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 2012 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 2009, 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.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State General Revenue Fund contribution for | ||
State fiscal year 2010 is $723,703,100 and shall be made from | ||
the proceeds of bonds sold in fiscal year 2010 pursuant to | ||
Section 7.2 of the General Obligation Bond Act, less (i) the | ||
pro rata share of bond sale expenses determined by the System's | ||
share of total bond proceeds, (ii) any amounts received from | ||
the General Revenue Fund in fiscal year 2010, and (iii) any | ||
reduction in bond proceeds due to the issuance of discounted | ||
bonds, if applicable. | ||
Notwithstanding any other provision of this Article, the
| ||
total required State General Revenue Fund contribution for
| ||
State fiscal year 2011 is the amount recertified by the System | ||
on or before April 1, 2011 pursuant to Section 14-135.08 and | ||
shall be made from
the proceeds of bonds sold in fiscal year | ||
2011 pursuant to
Section 7.2 of the General Obligation Bond |
Act, less (i) the
pro rata share of bond sale expenses | ||
determined by the System's
share of total bond proceeds, (ii) | ||
any amounts received from
the General Revenue Fund in fiscal | ||
year 2011, and (iii) any
reduction in bond proceeds due to the | ||
issuance of discounted
bonds, if applicable. | ||
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 or Section 8.12 of the State | ||
Finance 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 in fiscal year 2003 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 in fiscal year 2003 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.
| ||
(g) For purposes of determining the required State | ||
contribution to the System, the value of the System's assets | ||
shall be equal to the actuarial value of the System's assets, | ||
which shall be calculated as follows: | ||
As of June 30, 2008, the actuarial value of the System's | ||
assets shall be equal to the market value of the assets as of | ||
that date. In determining the actuarial value of the System's | ||
assets for fiscal years after June 30, 2008, any actuarial |
gains or losses from investment return incurred in a fiscal | ||
year shall be recognized in equal annual amounts over the | ||
5-year period following that fiscal year. | ||
(h) For purposes of determining the required State | ||
contribution to the System for a particular year, the actuarial | ||
value of assets shall be assumed to earn a rate of return equal | ||
to the System's actuarially assumed rate of return. | ||
(i) After the submission of all payments for eligible | ||
employees from personal services line items paid from the | ||
General Revenue Fund in fiscal year 2010 have been made, the | ||
Comptroller shall provide to the System a certification of the | ||
sum of all fiscal year 2010 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 | ||
96th 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 2010 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 2010 through payments under this Section. If the amount | ||
due is more than the amount received, the difference shall be | ||
termed the "Fiscal Year 2010 Shortfall" for purposes of this | ||
Section, and the Fiscal Year 2010 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 2010 | ||
Overpayment" for purposes of this Section, and the Fiscal Year | ||
2010 Overpayment shall be repaid by the System to the General | ||
Revenue Fund as soon as practicable after the certification. | ||
(j) After the submission of all payments for eligible | ||
employees from personal services line items paid from the | ||
General Revenue Fund in fiscal year 2011 have been made, the | ||
Comptroller shall provide to the System a certification of the | ||
sum of all fiscal year 2011 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 | ||
96th 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 2011 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 2011 through payments under this Section. If the amount | ||
due is more than the amount received, the difference shall be | ||
termed the "Fiscal Year 2011 Shortfall" for purposes of this | ||
Section, and the Fiscal Year 2011 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 2011 | ||
Overpayment" for purposes of this Section, and the Fiscal Year | ||
2011 Overpayment shall be repaid by the System to the General |
Revenue Fund as soon as practicable after the certification. | ||
(k) For fiscal years 2012 through 2015 2014 only, after the | ||
submission of all payments for eligible employees from personal | ||
services line items paid from the General Revenue Fund in the | ||
fiscal year have been made, the Comptroller shall provide to | ||
the System a certification of the sum of all expenditures in | ||
the fiscal year for personal services. 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 the fiscal year 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 for the | ||
fiscal year. If the amount due is more than the amount | ||
received, the difference shall be termed the "Prior Fiscal Year | ||
Shortfall" for purposes of this Section, and the Prior Fiscal | ||
Year 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 "Prior Fiscal Year Overpayment" for purposes of this | ||
Section, and the Prior Fiscal Year Overpayment shall be repaid | ||
by the System to the General Revenue Fund as soon as | ||
practicable after the certification. | ||
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||
eff. 6-19-13.)
| ||
(Text of Section after amendment by P.A. 98-599 ) |
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 100% funded basis in accordance with actuarial | ||
recommendations by the end of State fiscal year 2044.
| ||
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.
| ||
(c-1) Notwithstanding subsection (c) of this Section, for | ||
fiscal years 2010, 2012, 2013, and 2014 , and 2015 only, | ||
contributions by the several departments are not required to be |
made for General Revenue Funds payrolls processed by the | ||
Comptroller. Payrolls paid by the several departments from all | ||
other State funds must continue to be processed pursuant to | ||
subsection (c) of this Section. | ||
(c-2) For State fiscal years 2010, 2012, 2013, and 2014 , | ||
and 2015 only, on or as soon as possible after the 15th day of | ||
each month, the Board shall submit vouchers for payment of | ||
State contributions to the System, in a total monthly amount of | ||
one-twelfth of the fiscal year General Revenue Fund | ||
contribution as certified by the System pursuant to Section | ||
14-135.08 of the Illinois Pension Code. | ||
(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 2015 through 2044, 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 | ||
equal to the sum of (1) the State's portion of the projected | ||
normal cost for that fiscal year, plus (2) an amount sufficient | ||
to bring the total assets of the
System up to 100% of the total | ||
actuarial liabilities of the System by the end of
State fiscal | ||
year 2044. 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 2044 and shall be
determined under the projected | ||
unit cost method for fiscal year 2015 and under the entry age | ||
normal actuarial cost method for fiscal years 2016 through | ||
2044. | ||
For State fiscal years 2012 through 2014, 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 2009, 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.
| ||
Notwithstanding any other provision of this Article, the | ||
total required State General Revenue Fund contribution for | ||
State fiscal year 2010 is $723,703,100 and shall be made from | ||
the proceeds of bonds sold in fiscal year 2010 pursuant to | ||
Section 7.2 of the General Obligation Bond Act, less (i) the | ||
pro rata share of bond sale expenses determined by the System's | ||
share of total bond proceeds, (ii) any amounts received from | ||
the General Revenue Fund in fiscal year 2010, and (iii) any | ||
reduction in bond proceeds due to the issuance of discounted | ||
bonds, if applicable. | ||
Notwithstanding any other provision of this Article, the
| ||
total required State General Revenue Fund contribution for
| ||
State fiscal year 2011 is the amount recertified by the System | ||
on or before April 1, 2011 pursuant to Section 14-135.08 and | ||
shall be made from
the proceeds of bonds sold in fiscal year | ||
2011 pursuant to
Section 7.2 of the General Obligation Bond | ||
Act, less (i) the
pro rata share of bond sale expenses | ||
determined by the System's
share of total bond proceeds, (ii) | ||
any amounts received from
the General Revenue Fund in fiscal | ||
year 2011, and (iii) any
reduction in bond proceeds due to the | ||
issuance of discounted
bonds, if applicable. | ||
Beginning in State fiscal year 2045, the minimum State | ||
contribution for each fiscal year shall be the amount needed to | ||
maintain the total assets of the System at 100% of the total |
actuarial liabilities of the System.
| ||
Amounts received by the System pursuant to Section 25 of | ||
the Budget Stabilization Act or Section 8.12 of the State | ||
Finance 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 100%. 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 through State | ||
fiscal year 2014, 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 in fiscal | ||
year 2003 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 in fiscal year 2003 | ||
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.
| ||
(g) For purposes of determining the required State | ||
contribution to the System, the value of the System's assets | ||
shall be equal to the actuarial value of the System's assets, | ||
which shall be calculated as follows: | ||
As of June 30, 2008, the actuarial value of the System's | ||
assets shall be equal to the market value of the assets as of | ||
that date. In determining the actuarial value of the System's | ||
assets for fiscal years after June 30, 2008, any actuarial | ||
gains or losses from investment return incurred in a fiscal | ||
year shall be recognized in equal annual amounts over the | ||
5-year period following that fiscal year. | ||
(h) For purposes of determining the required State | ||
contribution to the System for a particular year, the actuarial | ||
value of assets shall be assumed to earn a rate of return equal | ||
to the System's actuarially assumed rate of return. | ||
(i) After the submission of all payments for eligible |
employees from personal services line items paid from the | ||
General Revenue Fund in fiscal year 2010 have been made, the | ||
Comptroller shall provide to the System a certification of the | ||
sum of all fiscal year 2010 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 | ||
96th 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 2010 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 2010 through payments under this Section. If the amount | ||
due is more than the amount received, the difference shall be | ||
termed the "Fiscal Year 2010 Shortfall" for purposes of this | ||
Section, and the Fiscal Year 2010 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 2010 | ||
Overpayment" for purposes of this Section, and the Fiscal Year | ||
2010 Overpayment shall be repaid by the System to the General | ||
Revenue Fund as soon as practicable after the certification. | ||
(j) After the submission of all payments for eligible | ||
employees from personal services line items paid from the | ||
General Revenue Fund in fiscal year 2011 have been made, the | ||
Comptroller shall provide to the System a certification of the |
sum of all fiscal year 2011 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 | ||
96th 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 2011 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 2011 through payments under this Section. If the amount | ||
due is more than the amount received, the difference shall be | ||
termed the "Fiscal Year 2011 Shortfall" for purposes of this | ||
Section, and the Fiscal Year 2011 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 2011 | ||
Overpayment" for purposes of this Section, and the Fiscal Year | ||
2011 Overpayment shall be repaid by the System to the General | ||
Revenue Fund as soon as practicable after the certification. | ||
(k) For fiscal years 2012 through 2015 2014 only, after the | ||
submission of all payments for eligible employees from personal | ||
services line items paid from the General Revenue Fund in the | ||
fiscal year have been made, the Comptroller shall provide to | ||
the System a certification of the sum of all expenditures in | ||
the fiscal year for personal services. 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 the fiscal year 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 for the | ||
fiscal year. If the amount due is more than the amount | ||
received, the difference shall be termed the "Prior Fiscal Year | ||
Shortfall" for purposes of this Section, and the Prior Fiscal | ||
Year 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 "Prior Fiscal Year Overpayment" for purposes of this | ||
Section, and the Prior Fiscal Year Overpayment shall be repaid | ||
by the System to the General Revenue Fund as soon as | ||
practicable after the certification. | ||
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||
eff. 6-19-13; 98-599, eff. 6-1-14.)
| ||
Section 25-15. The State Pension Funds Continuing | ||
Appropriation Act is amended by changing Section 1.2 as | ||
follows:
| ||
(40 ILCS 15/1.2)
| ||
Sec. 1.2. Appropriations for the State Employees' | ||
Retirement System.
| ||
(a) From each fund from which an amount is appropriated for | ||
personal
services to a department or other employer under |
Article 14 of the Illinois
Pension Code, there is hereby | ||
appropriated to that department or other
employer, on a | ||
continuing annual basis for each State fiscal year, an
| ||
additional amount equal to the amount, if any, by which (1) an | ||
amount equal
to the percentage of the personal services line | ||
item for that department or
employer from that fund for that | ||
fiscal year that the Board of Trustees of
the State Employees' | ||
Retirement System of Illinois has certified under Section
| ||
14-135.08 of the Illinois Pension Code to be necessary to meet | ||
the State's
obligation under Section 14-131 of the Illinois | ||
Pension Code for that fiscal
year, exceeds (2) the amounts | ||
otherwise appropriated to that department or
employer from that | ||
fund for State contributions to the State Employees'
Retirement | ||
System for that fiscal year.
From the effective
date of this | ||
amendatory Act of the 93rd General Assembly
through the final | ||
payment from a department or employer's
personal services line | ||
item for fiscal year 2004, payments to
the State Employees' | ||
Retirement System that otherwise would
have been made under | ||
this subsection (a) shall be governed by
the provisions in | ||
subsection (a-1).
| ||
(a-1) If a Fiscal Year 2004 Shortfall is certified under | ||
subsection (f) of
Section 14-131 of the Illinois Pension Code, | ||
there is hereby appropriated
to the State Employees' Retirement | ||
System of Illinois on a
continuing basis from the General | ||
Revenue Fund an additional
aggregate amount equal to the Fiscal | ||
Year 2004 Shortfall.
|
(a-2) If a Fiscal Year 2010 Shortfall is certified under | ||
subsection (i) (g) of Section 14-131 of the Illinois Pension | ||
Code, there is hereby appropriated to the State Employees' | ||
Retirement System of Illinois on a continuing basis from the | ||
General Revenue Fund an additional aggregate amount equal to | ||
the Fiscal Year 2010 Shortfall. | ||
(b) The continuing appropriations provided for by this | ||
Section shall first
be available in State fiscal year 1996.
| ||
(c) Beginning in Fiscal Year 2005, any continuing | ||
appropriation under this Section arising out of an | ||
appropriation for personal services from the Road Fund to the | ||
Department of State Police or the Secretary of State shall be | ||
payable from the General Revenue Fund rather than the Road | ||
Fund.
| ||
(d) For State fiscal year 2010 only, a continuing | ||
appropriation is provided to the State Employees' Retirement | ||
System equal to the amount certified by the System on or before | ||
December 31, 2008, less the gross proceeds of the bonds sold in | ||
fiscal year 2010 under the authorization contained in | ||
subsection (a) of Section 7.2 of the General Obligation Bond | ||
Act. | ||
(e) For State fiscal year 2011 only, the continuing | ||
appropriation under this Section provided to the State | ||
Employees' Retirement System is limited to an amount equal to | ||
the amount certified by the System on or before December 31, | ||
2009, less any amounts received pursuant to subsection (a-3) of |
Section 14.1 of the State Finance Act. | ||
(f) For State fiscal year 2011 only, a continuing
| ||
appropriation is provided to the State Employees' Retirement
| ||
System equal to the amount certified by the System on or before
| ||
April 1, 2011, less the gross proceeds of the bonds sold in
| ||
fiscal year 2011 under the authorization contained in
| ||
subsection (a) of Section 7.2 of the General Obligation Bond
| ||
Act. | ||
(Source: P.A. 96-43, eff. 7-15-09; 96-45, eff. 7-15-09; 96-958, | ||
eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1497, eff. 1-14-11; | ||
96-1511, eff. 1-27-11; 97-813, eff. 7-13-12.)
| ||
Section 25-20. The Uniform Disposition of Unclaimed | ||
Property Act is amended by changing Section 18 as follows:
| ||
(765 ILCS 1025/18) (from Ch. 141, par. 118)
| ||
Sec. 18. Deposit of funds received under the Act.
| ||
(a) The State Treasurer shall retain all funds received | ||
under this Act,
including the proceeds from
the sale of | ||
abandoned property under Section 17, in a trust fund. The State | ||
Treasurer may deposit any amount in the Trust Fund into the | ||
State Pensions Fund during the fiscal year at his or her | ||
discretion; however, he or she shall,
on April 15 and October | ||
15 of each year, deposit any amount in the trust fund
exceeding | ||
$2,500,000 into the State Pensions Fund. If on either April 15 | ||
or October 15, the State Treasurer determines that a balance of |
$2,500,000 is insufficient for the prompt payment of unclaimed | ||
property claims authorized under this Act, the Treasurer may | ||
retain more than $2,500,000 in the Unclaimed Property Trust | ||
Fund in order to ensure the prompt payment of claims. Beginning | ||
in State fiscal year 2016 2015 , all amounts that are deposited | ||
into the State Pensions Fund from the Unclaimed Property Trust | ||
Fund shall be apportioned to the designated retirement systems | ||
as provided in subsection (c-6) of Section 8.12 of the State | ||
Finance Act to reduce their actuarial reserve deficiencies. He | ||
or she shall make prompt payment of claims he or she
duly | ||
allows as provided for in this Act for the trust fund.
Before | ||
making the deposit the State Treasurer
shall record the name | ||
and last known address of each person appearing from the
| ||
holders' reports to be entitled to the abandoned property. The | ||
record shall be
available for public inspection during | ||
reasonable business
hours.
| ||
(b) Before making any deposit to the credit of the State | ||
Pensions Fund,
the State Treasurer may deduct: (1) any costs in | ||
connection with sale of
abandoned property, (2) any costs of | ||
mailing and publication in connection with
any abandoned | ||
property, and (3) any costs in connection with the maintenance | ||
of
records or disposition of claims made pursuant to this Act. | ||
The State
Treasurer shall semiannually file an itemized report | ||
of all such expenses with
the Legislative Audit Commission.
| ||
(Source: P.A. 97-732, eff. 6-30-12; 98-19, eff. 6-10-13; 98-24, | ||
eff. 6-19-13; revised 9-24-13.)
|
ARTICLE 90. GENERAL PROVISIONS | ||
Section 90-95. 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 90-97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Section 90-99. Effective date. This Act takes effect upon | ||
becoming law. |