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90_SB1101ccr001
LRB9003523EGfgccr4
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 1101
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 1101, recommend the following:
11 (1) that the House recede from House Amendment No. 1;
12 and
13 (2) that Senate Bill 1101 be amended by replacing the
14 title with the following:
15 "AN ACT in relation to implementation of the State fiscal
16 year 1998 budget, amending named Acts."; and
17 by replacing everything after the enacting clause with the
18 following:
19 "Section 5. The Illinois Administrative Procedure Act is
20 amended by changing Sections 1-5 and 5-45 as follows:
21 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
22 Sec. 1-5. Applicability.
23 (a) This Act applies to every agency as defined in this
24 Act. Beginning January 1, 1978, in case of conflict between
25 the provisions of this Act and the Act creating or conferring
26 power on an agency, this Act shall control. If, however, an
27 agency (or its predecessor in the case of an agency that has
28 been consolidated or reorganized) has existing procedures on
29 July 1, 1977, specifically for contested cases or licensing,
30 those existing provisions control, except that this exception
31 respecting contested cases and licensing does not apply if
32 the Act creating or conferring power on the agency adopts by
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1 express reference the provisions of this Act. Where the Act
2 creating or conferring power on an agency establishes
3 administrative procedures not covered by this Act, those
4 procedures shall remain in effect.
5 (b) The provisions of this Act do not apply to (i)
6 preliminary hearings, investigations, or practices where no
7 final determinations affecting State funding are made by the
8 State Board of Education, (ii) legal opinions issued under
9 Section 2-3.7 of the School Code, (iii) as to State colleges
10 and universities, their disciplinary and grievance
11 proceedings, academic irregularity and capricious grading
12 proceedings, and admission standards and procedures, and (iv)
13 the class specifications for positions and individual
14 position descriptions prepared and maintained under the
15 Personnel Code. Those class specifications shall, however,
16 be made reasonably available to the public for inspection and
17 copying. The provisions of this Act do not apply to hearings
18 under Section 20 of the Uniform Disposition of Unclaimed
19 Property Act.
20 (c) Section 5-35 of this Act relating to procedures for
21 rulemaking does not apply to the following:
22 (1) Rules adopted by the Pollution Control Board
23 that, in accordance with Section 7.2 of the Environmental
24 Protection Act, are identical in substance to federal
25 regulations or amendments to those regulations
26 implementing the following: Sections 3001, 3002, 3003,
27 3004, 3005, and 9003 of the Solid Waste Disposal Act;
28 Section 105 of the Comprehensive Environmental Response,
29 Compensation, and Liability Act of 1980; Sections 307(b),
30 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
31 Water Pollution Control Act; and Sections 1412(b),
32 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
33 Water Act.
34 (2) Rules adopted by the Pollution Control Board
35 that establish or amend standards for the emission of
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1 hydrocarbons and carbon monoxide from gasoline powered
2 motor vehicles subject to inspection under Section
3 13A-105 of the Vehicle Emissions Inspection Law and rules
4 adopted under Section 13B-20 of the Vehicle Emissions
5 Inspection Law of 1995.
6 (3) Procedural rules adopted by the Pollution
7 Control Board governing requests for exceptions under
8 Section 14.2 of the Environmental Protection Act.
9 (4) The Pollution Control Board's grant, pursuant
10 to an adjudicatory determination, of an adjusted standard
11 for persons who can justify an adjustment consistent with
12 subsection (a) of Section 27 of the Environmental
13 Protection Act.
14 (5) Rules adopted by the Pollution Control Board
15 that are identical in substance to the regulations
16 adopted by the Office of the State Fire Marshal under
17 clause (ii) of paragraph (b) of subsection (3) of Section
18 2 of the Gasoline Storage Act.
19 (d) Pay rates established under Section 8a of the
20 Personnel Code shall be amended or repealed pursuant to the
21 process set forth in Section 5-50 within 30 days after it
22 becomes necessary to do so due to a conflict between the
23 rates and the terms of a collective bargaining agreement
24 covering the compensation of an employee subject to that
25 Code.
26 (Source: P.A. 87-823; 88-533.)
27 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
28 Sec. 5-45. Emergency rulemaking.
29 (a) "Emergency" means the existence of any situation
30 that any agency finds reasonably constitutes a threat to the
31 public interest, safety, or welfare.
32 (b) If any agency finds that an emergency exists that
33 requires adoption of a rule upon fewer days than is required
34 by Section 5-40 and states in writing its reasons for that
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1 finding, the agency may adopt an emergency rule without prior
2 notice or hearing upon filing a notice of emergency
3 rulemaking with the Secretary of State under Section 5-70.
4 The notice shall include the text of the emergency rule and
5 shall be published in the Illinois Register. Consent orders
6 or other court orders adopting settlements negotiated by an
7 agency may be adopted under this Section. Subject to
8 applicable constitutional or statutory provisions, an
9 emergency rule becomes effective immediately upon filing
10 under Section 5-65 or at a stated date less than 10 days
11 thereafter. The agency's finding and a statement of the
12 specific reasons for the finding shall be filed with the
13 rule. The agency shall take reasonable and appropriate
14 measures to make emergency rules known to the persons who may
15 be affected by them.
16 (c) An emergency rule may be effective for a period of
17 not longer than 150 days, but the agency's authority to adopt
18 an identical rule under Section 5-40 is not precluded. No
19 emergency rule may be adopted more than once in any 24 month
20 period, except that this limitation on the number of
21 emergency rules that may be adopted in a 24 month period does
22 not apply to (i) emergency rules that make additions to and
23 deletions from the Drug Manual under Section 5-5.16 of the
24 Illinois Public Aid Code or the generic drug formulary under
25 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
26 (ii) emergency rules adopted by the Pollution Control Board
27 before July 1, 1997 to implement portions of the Livestock
28 Management Facilities Act. Two or more emergency rules
29 having substantially the same purpose and effect shall be
30 deemed to be a single rule for purposes of this Section.
31 (d) In order to provide for the expeditious and timely
32 implementation of the State's fiscal year 1998 budget,
33 emergency rules to implement any provision of this amendatory
34 Act of 1997 or any other budget initiative for fiscal year
35 1998 may be adopted in accordance with this Section by the
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1 agency charged with administering that provision or
2 initiative, except that the 24-month limitation on the
3 adoption of emergency rules and the provisions of Sections
4 5-115 and 5-125 do not apply to rules adopted under this
5 subsection (d). The adoption of emergency rules authorized
6 by this subsection (d) shall be deemed to be necessary for
7 the public interest, safety, and welfare.
8 (Source: P.A. 89-714, eff. 2-21-97.)
9 Section 10. The Narcotic Control Division Abolition Act
10 is amended by changing Section 7 as follows:
11 (20 ILCS 2620/7) (from Ch. 127, par. 55j)
12 Sec. 7. Expenditures; evidence; forfeited property.
13 (a) The Director and the inspectors appointed by him,
14 when authorized by the Director, may expend such sums as the
15 Director deems necessary in the purchase of controlled
16 substances and cannabis for evidence and in the employment of
17 persons to obtain evidence.
18 Such sums to be expended shall be advanced to the officer
19 who is to make such purchase or employment from funds
20 appropriated or made available by law for the support or use
21 of the Department on vouchers therefor signed by the
22 Director. The Director and such officers are authorized to
23 maintain one or more commercial checking accounts with any
24 State banking corporation or corporations organized under or
25 subject to the Illinois Banking Act for the deposit and
26 withdrawal of moneys to be used for the purchase of evidence
27 and for the employment of persons to obtain evidence;
28 provided that no check may be written on nor any withdrawal
29 made from any such account except on the written signatures
30 of 2 persons designated by the Director to write such checks
31 and make such withdrawals.
32 (b) The Director is authorized to maintain one or more
33 commercial bank accounts with any State banking corporation
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1 or corporations organized under or subject to the Illinois
2 Banking Act, as now or hereafter amended, for the deposit or
3 withdrawal of (i) moneys forfeited to the Department,
4 including the proceeds of the sale of forfeited property, as
5 provided in Section 2 of the State Officers and Employees
6 Money Disposition Act, as now or hereafter amended, pending
7 disbursement to participating agencies and deposit of the
8 Department's share as provided in subsection (c), and (ii)
9 all moneys being held as evidence by the Department, pending
10 final court disposition; provided that no check may be
11 written on or any withdrawal made from any such account
12 except on the written signatures of 2 persons designated by
13 the Director to write such checks and make such withdrawals.
14 (c) All moneys received by the Illinois State Police as
15 their share of forfeited funds (including the proceeds of the
16 sale of forfeited property) received pursuant to the Drug
17 Asset Forfeiture Procedure Act, the Cannabis Control Act, the
18 Illinois Controlled Substances Act, the Environmental
19 Protection Act, or any other Illinois law shall be deposited
20 into the State Asset Forfeiture Fund, which is hereby created
21 as an interest-bearing special fund in the State treasury.
22 All moneys received by the Illinois State Police as their
23 share of forfeited funds (including the proceeds of the sale
24 of forfeited property) received pursuant to federal equitable
25 sharing transfers shall be deposited into the Federal Asset
26 Forfeiture Fund, which is hereby created as an
27 interest-bearing special fund in the State treasury.
28 The moneys deposited into the State Asset Forfeiture Fund
29 and the Federal Asset Forfeiture Fund shall be appropriated
30 to the Department of State Police and may be used by the
31 Illinois State Police in accordance with law.
32 (Source: P.A. 85-1291.)
33 Section 15. The State Finance Act is amended by adding
34 Sections 5.449, 5.450, 5.451, 5.452, and 11.5 as follows:
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1 (30 ILCS 105/5.449 new)
2 Sec. 5.449. The Department of Corrections Education
3 Fund.
4 (30 ILCS 105/5.450 new)
5 Sec. 5.450. The Department of Corrections Reimbursement
6 Fund.
7 (30 ILCS 105/5.451 new)
8 Sec. 5.451. The State Asset Forfeiture Fund.
9 (30 ILCS 105/5.452 new)
10 Sec. 5.452. The Federal Asset Forfeiture Fund.
11 (30 ILCS 105/11.5 new)
12 Sec. 11.5. Agencies with procurement authority. If a
13 State agency with authority over a procurement or category of
14 procurements requires its written signature or written
15 approval on contracts subject to that authority, the agency
16 shall notify the State Comptroller in writing of this
17 requirement. After receiving that notice, the State
18 Comptroller shall neither file nor approve or issue a warrant
19 under an affected contract, whether written or oral and
20 regardless of the dollar amount involved, unless and until
21 the contract has been signed or approved in writing by the
22 agency with procurement authority.
23 (30 ILCS 105/6z-13 rep.)
24 Section 16. The State Finance Act is amended by
25 repealing Section 6z-13.
26 Section 20. The Illinois Pension Code is amended by
27 adding Section 15-158.3 as follows:
28 (40 ILCS 5/15-158.3 new)
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1 Sec. 15-158.3. Reports on cost reduction; effect on
2 retirement at any age with 30 years of service.
3 (a) On or before November 15, 2001 and on or before
4 November 15th of each year thereafter, the Board shall have
5 the System's actuary prepare a report showing, on a fiscal
6 year by fiscal year basis, the actual rate of participation
7 in the optional retirement program authorized by Section
8 15-158.2, (i) by employees of the System's covered higher
9 educational institutions who were hired on or after the
10 implementation date of the optional retirement program and
11 (ii) by other System participants.
12 The actuary's report must also quantify the extent to
13 which employee optional retirement plan participation has
14 reduced the State's required contributions to the System,
15 expressed both in dollars and as a percentage of covered
16 payroll, in relation to what the State's contributions to the
17 System would have been (1) if the optional retirement program
18 had not been implemented, and (2) if 45% of employees of the
19 System's covered higher educational institutions who were
20 hired on or after the implementation date of the optional
21 retirement program had elected to participate in the optional
22 retirement program and 10% of other System participants had
23 transferred to the optional retirement program following its
24 implementation.
25 (b) On or before November 15th of 2001 and on or before
26 November 15th of each year thereafter, the Illinois Board of
27 Higher Education, in conjunction with the Bureau of the
28 Budget, shall prepare a report showing, on a fiscal year by
29 fiscal year basis, the amount by which the costs associated
30 with compensable sick leave have been reduced as a result of
31 the termination of compensable sick leave accrual on and
32 after January 1, 1998 by employees of higher education
33 institutions who are participants in the System.
34 (c) On or before November 15 of 2001 and on or before
35 November 15th of each year thereafter, the Department of
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1 Central Management Services shall prepare a report showing,
2 on a fiscal year by fiscal year basis, the amount by which
3 the State's cost for health insurance coverage under the
4 State Employees Group Insurance Act of 1971 for retirees of
5 the State's universities and their survivors has declined as
6 a result of requiring some of those retirees and survivors to
7 contribute to the cost of their basic health insurance.
8 These year-by-year reductions in cost must be quantified both
9 in dollars and as a level percentage of payroll covered by
10 the System.
11 (d) The reports required under subsections (a), (b), and
12 (c) shall be disseminated to the Board, the Pension Laws
13 Commission, the Illinois Economic and Fiscal Commission, the
14 Illinois Board of Higher Education, and the Governor.
15 (e) The reports required under subsections (a), (b), and
16 (c) shall be taken into account by the Pension Laws
17 Commission in making any recommendation to extend by
18 legislation beyond December 31, 2002 the provision that
19 allows a System participant to retire at any age with 30 or
20 more years of service as authorized in Section 15-135. If
21 that provision is extended beyond December 31, 2002, and if
22 the most recent report under subsection (a) indicates that
23 actual State contributions to the System for the period
24 during which the optional retirement program has been in
25 operation have exceeded the projected State contributions
26 under the assumptions in clause (2) of subsection (a), then
27 any extension of the provision beyond December 31, 2002 must
28 require that the System's higher educational institutions and
29 agencies cover any funding deficiency through an annual
30 payment to the System out of appropriate resources of their
31 own.
32 Section 25. The School Code is amended by changing
33 Sections 13-44.4 and 18-8 as follows:
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1 (105 ILCS 5/13-44.4) (from Ch. 122, par. 13-44.4)
2 Sec. 13-44.4. Department of Corrections Education Fund;
3 budget. An Educational Fund shall be established wherein
4 All moneys received from the Common School Fund, federal aid
5 and grants, vocational and educational funds and grants, and
6 gifts and grants by individuals, foundations and corporations
7 for educational purposes shall be deposited into the
8 Department of Corrections Education Fund, which is hereby
9 created as a special fund in the State Treasury. The
10 Department of Corrections Education Fund The Educational Fund
11 shall be kept separate from general funds and shall be held
12 by the State Treasurer as ex-officio custodian in a separate
13 fund, and shall be used, subject to appropriation, to pay the
14 expense of the schools and school district of the Department
15 of Corrections together with and supplemental to regular
16 appropriations to the Department for educational purposes,
17 including, but not limited to, the cost of teacher salaries,
18 supplies and materials, building upkeep and costs,
19 transportation, scholarships, non-academic salaries,
20 equipment and other school costs.
21 Beginning in 1972, the Board of Education shall, by
22 November 15, adopt an annual Educational Fund budget for the
23 use of education moneys for the next school year which it
24 deems necessary to defray all necessary expenses and
25 liabilities of the district to be assumed by the Fund, and in
26 such annual budget shall specify the objects and purposes of
27 each item and the amount needed for each object or purpose.
28 The budget shall contain a statement of cash on hand at the
29 beginning of the fiscal year, an estimate of the cash
30 expected to be received during such fiscal year from all
31 sources, an estimate of the expenditure contemplated for such
32 fiscal year, and a statement of the estimated cash expected
33 to be on hand at the end of such year. Prior to the adoption
34 of the annual educational budget, this the Educational Fund
35 budget shall be submitted to the Department of Corrections
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1 and the State Board of Education for incorporation.
2 (Source: P.A. 86-1028.)
3 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
4 Sec. 18-8. Basis for apportionment to districts,
5 laboratory schools and alternative schools.
6 A. The amounts to be apportioned shall be determined for
7 each educational service region by school districts, as
8 follows:
9 1. General Provisions.
10 (a) In the computation of the amounts to be apportioned,
11 the average daily attendance of all pupils in grades 9
12 through 12 shall be multiplied by 1.25. The average daily
13 attendance of all pupils in grades 7 and 8 shall be
14 multiplied by 1.05.
15 (b) The actual number of pupils in average daily
16 attendance shall be computed in a one-teacher school district
17 by dividing the total aggregate days of pupil attendance by
18 the actual number of days school is in session but not more
19 than 30 such pupils shall be accredited for such type of
20 district; and in districts of 2 or more teachers, or in
21 districts where records of attendance are kept by session
22 teachers, by taking the sum of the respective averages of the
23 units composing the group.
24 (c) Pupils in average daily attendance shall be computed
25 upon the average of the best 3 months of pupils attendance of
26 the current school year except as district claims may be
27 later amended as provided hereinafter in this Section.
28 However, for any school district maintaining grades
29 kindergarten through 12, the "average daily attendance" shall
30 be computed on the average of the best 3 months of pupils
31 attendance of the current year in grades kindergarten through
32 8, added together with the average of the best 3 months of
33 pupils attendance of the current year in grades 9 through 12,
34 except as district claims may be later amended as provided in
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1 this Section. Days of attendance shall be kept by regular
2 calendar months, except any days of attendance in August
3 shall be added to the month of September and any days of
4 attendance in June shall be added to the month of May.
5 Except as otherwise provided in this Section, days of
6 attendance by pupils shall be counted only for sessions of
7 not less than 5 clock hours of school work per day under
8 direct supervision of: (i) teachers, or (ii) non-teaching
9 personnel or volunteer personnel when engaging in
10 non-teaching duties and supervising in those instances
11 specified in subsection (a) of Section 10-22.34 and paragraph
12 10 of Section 34-18, with pupils of legal school age and in
13 kindergarten and grades 1 through 12.
14 (d) Pupils regularly enrolled in a public school for
15 only a part of the school day may be counted on the basis of
16 1/6 day for every class hour of instruction of 40 minutes or
17 more attended pursuant to such enrollment.
18 (e) Days of attendance may be less than 5 clock hours on
19 the opening and closing of the school term, and upon the
20 first day of pupil attendance, if preceded by a day or days
21 utilized as an institute or teachers' workshop.
22 (f) A session of 4 or more clock hours may be counted as
23 a day of attendance upon certification by the regional
24 superintendent, and approved by the State Superintendent of
25 Education to the extent that the district has been forced to
26 use daily multiple sessions.
27 (g) A session of 3 or more clock hours may be counted as
28 a day of attendance (1) when the remainder of the school day
29 or at least 2 hours in the evening of that day is utilized
30 for an in-service training program for teachers, up to a
31 maximum of 5 days per school year of which a maximum of 4
32 days of such 5 days may be used for parent-teacher
33 conferences, provided a district conducts an in-service
34 training program for teachers which has been approved by the
35 State Superintendent of Education; or, in lieu of 4 such
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1 days, 2 full days may be used, in which event each such day
2 may be counted as a day of attendance; and (2) when days in
3 addition to those provided in item (1) are scheduled by a
4 school pursuant to its school improvement plan adopted under
5 Article 34 or its revised or amended school improvement plan
6 adopted under Article 2, provided that (i) such sessions of 3
7 or more clock hours are scheduled to occur at regular
8 intervals, (ii) the remainder of the school days in which
9 such sessions occur are utilized for in-service training
10 programs or other staff development activities for teachers,
11 and (iii) a sufficient number of minutes of school work under
12 the direct supervision of teachers are added to the school
13 days between such regularly scheduled sessions to accumulate
14 not less than the number of minutes by which such sessions of
15 3 or more clock hours fall short of 5 clock hours. Any full
16 days used for the purposes of this paragraph shall not be
17 considered for computing average daily attendance. Days
18 scheduled for in-service training programs, staff development
19 activities, or parent-teacher conferences may be scheduled
20 separately for different grade levels and different
21 attendance centers of the district.
22 (h) A session of not less than one clock hour teaching
23 of hospitalized or homebound pupils on-site or by telephone
24 to the classroom may be counted as 1/2 day of attendance,
25 however these pupils must receive 4 or more clock hours of
26 instruction to be counted for a full day of attendance.
27 (i) A session of at least 4 clock hours may be counted
28 as a day of attendance for first grade pupils, and pupils in
29 full day kindergartens, and a session of 2 or more hours may
30 be counted as 1/2 day of attendance by pupils in
31 kindergartens which provide only 1/2 day of attendance.
32 (j) For children with disabilities who are below the age
33 of 6 years and who cannot attend two or more clock hours
34 because of their disability or immaturity, a session of not
35 less than one clock hour may be counted as 1/2 day of
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1 attendance; however for such children whose educational needs
2 so require a session of 4 or more clock hours may be counted
3 as a full day of attendance.
4 (k) A recognized kindergarten which provides for only
5 1/2 day of attendance by each pupil shall not have more than
6 1/2 day of attendance counted in any 1 day. However,
7 kindergartens may count 2 1/2 days of attendance in any 5
8 consecutive school days. Where a pupil attends such a
9 kindergarten for 2 half days on any one school day, such
10 pupil shall have the following day as a day absent from
11 school, unless the school district obtains permission in
12 writing from the State Superintendent of Education.
13 Attendance at kindergartens which provide for a full day of
14 attendance by each pupil shall be counted the same as
15 attendance by first grade pupils. Only the first year of
16 attendance in one kindergarten shall be counted except in
17 case of children who entered the kindergarten in their fifth
18 year whose educational development requires a second year of
19 kindergarten as determined under the rules and regulations of
20 the State Board of Education.
21 (l) Days of attendance by tuition pupils shall be
22 accredited only to the districts that pay the tuition to a
23 recognized school.
24 (m) The greater of the immediately preceding year's
25 weighted average daily attendance or the average of the
26 weighted average daily attendance of the immediately
27 preceding year and the previous 2 years shall be used.
28 For any school year beginning July 1, 1986 or thereafter,
29 if the weighted average daily attendance in either grades
30 kindergarten through 8 or grades 9 through 12 of a district
31 as computed for the first calendar month of the current
32 school year exceeds by more than 5%, but not less than 25
33 pupils, the district's weighted average daily attendance for
34 the first calendar month of the immediately preceding year
35 in, respectively, grades kindergarten through 8 or grades 9
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1 through 12, a supplementary payment shall be made to the
2 district equal to the difference in the amount of aid the
3 district would be paid under this Section using the weighted
4 average daily attendance in the district as computed for the
5 first calendar month of the current school year and the
6 amount of aid the district would be paid using the weighted
7 average daily attendance in the district for the first
8 calendar month of the immediately preceding year. Such
9 supplementary State aid payment shall be paid to the district
10 as provided in Section 18-8.4 and shall be treated as
11 separate from all other payments made pursuant to this
12 Section 18-8.
13 (n) The number of low income eligible pupils in a
14 district shall result in an increase in the weighted average
15 daily attendance calculated as follows: The number of low
16 income pupils shall increase the weighted ADA by .53 for each
17 student adjusted by dividing the percent of low income
18 eligible pupils in the district by the ratio of eligible low
19 income pupils in the State to the best 3 months' weighted
20 average daily attendance in the State. In no case may the
21 adjustment under this paragraph result in a greater weighting
22 than .625 for each eligible low income student. The number
23 of low income eligible pupils in a district shall be the
24 low-income eligible count from the most recently available
25 federal census and the weighted average daily attendance
26 shall be calculated in accordance with the other provisions
27 of this paragraph.
28 (o) Any school district which fails for any given school
29 year to maintain school as required by law, or to maintain a
30 recognized school is not eligible to file for such school
31 year any claim upon the common school fund. In case of
32 nonrecognition of one or more attendance centers in a school
33 district otherwise operating recognized schools, the claim of
34 the district shall be reduced in the proportion which the
35 average daily attendance in the attendance center or centers
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1 bear to the average daily attendance in the school district.
2 A "recognized school" means any public school which meets the
3 standards as established for recognition by the State Board
4 of Education. A school district or attendance center not
5 having recognition status at the end of a school term is
6 entitled to receive State aid payments due upon a legal claim
7 which was filed while it was recognized.
8 (p) School district claims filed under this Section are
9 subject to Sections 18-9, 18-10 and 18-12, except as herein
10 otherwise provided.
11 (q) The State Board of Education shall secure from the
12 Department of Revenue the value as equalized or assessed by
13 the Department of Revenue of all taxable property of every
14 school district together with the applicable tax rate used in
15 extending taxes for the funds of the district as of September
16 30 of the previous year. The Department of Revenue shall add
17 to the equalized assessed value of all taxable property of
18 each school district situated entirely or partially within a
19 county with 2,000,000 or more inhabitants an amount equal to
20 the total amount by which the homestead exemptions allowed
21 under Sections 15-170 and 15-175 of the Property Tax Code for
22 real property situated in that school district exceeds the
23 total amount that would have been allowed in that school
24 district as homestead exemptions under those Sections if the
25 maximum reduction under Section 15-170 of the Property Tax
26 Code was $2,000 and the maximum reduction under Section
27 15-175 of the Property Tax Code was $3,500. The county clerk
28 of any county with 2,000,000 or more inhabitants shall
29 annually calculate and certify to the Department for each
30 school district all homestead exemption amounts required by
31 this amendatory Act of 1992. In a new district which has not
32 had any tax rates yet determined for extension of taxes, a
33 leveled uniform rate shall be computed from the latest amount
34 of the fund taxes extended on the several areas within such
35 new district.
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1 (r) If a school district operates a full year school
2 under Section 10-19.1, the general state aid to the school
3 district shall be determined by the State Board of Education
4 in accordance with this Section as near as may be applicable.
5 2. New or recomputed claim. The general State aid
6 entitlement for a newly created school district or a district
7 which has annexed an entire school district shall be computed
8 using attendance, compensatory pupil counts, equalized
9 assessed valuation, and tax rate data which would have been
10 used had the district been in existence for 3 years. General
11 State aid entitlements shall not be recomputed except as
12 permitted herein.
13 3. Impaction. Impaction payments shall be made as
14 provided for in Section 18-4.2.
15 4. Summer school. Summer school payments shall be made
16 as provided in Section 18-4.3.
17 5. Computation of State aid. The State grant shall be
18 determined as follows:
19 (a) The State shall guarantee the amount of money that a
20 district's operating tax rate as limited in other Sections of
21 this Act would produce if every district maintaining grades
22 kindergarten through 12 had an equalized assessed valuation
23 equal to $74,791 per weighted ADA pupil; every district
24 maintaining grades kindergarten through 8 had an equalized
25 assessed valuation of $108,644 per weighted ADA pupil; and
26 every district maintaining grades 9 through 12 had an
27 equalized assessed valuation of $187,657 per weighted ADA
28 pupil. The State Board of Education shall adjust the
29 equalized assessed valuation amounts stated in this
30 paragraph, if necessary, to conform to the amount of the
31 appropriation approved for any fiscal year.
32 (b) The operating tax rate to be used shall consist of
33 all district taxes extended for all purposes except community
34 college educational purposes for the payment of tuition under
35 Section 6-1 of the Public Community College Act, Bond and
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1 Interest, Summer School, Rent, Capital Improvement and
2 Vocational Education Building. Any district may elect to
3 exclude Transportation from the calculation of its operating
4 tax rate. Districts may include taxes extended for the
5 payment of principal and interest on bonds issued under the
6 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
7 per year for each purpose or the actual rate extended,
8 whichever is less.
9 (c) For calculation of aid under this Act a district
10 shall use the combined authorized tax rates of all funds not
11 exempt in (b) above, not to exceed 2.76% of the value of all
12 its taxable property as equalized or assessed by the
13 Department of Revenue for districts maintaining grades
14 kindergarten through 12; 1.90% of the value of all its
15 taxable property as equalized or assessed by the Department
16 of Revenue for districts maintaining grades kindergarten
17 through 8 only; 1.10% of the value of all its taxable
18 property as equalized or assessed by the Department of
19 Revenue for districts maintaining grades 9 through 12 only.
20 A district may, however, as provided in Article 17, increase
21 its operating tax rate above the maximum rate provided in
22 this subsection without affecting the amount of State aid to
23 which it is entitled under this Act.
24 (d) (1) For districts maintaining grades kindergarten
25 through 12 with an operating tax rate as described in
26 subsections 5(b) and (c) of less than 2.18%, and districts
27 maintaining grades kindergarten through 8 with an operating
28 tax rate of less than 1.28%, State aid shall be computed by
29 multiplying the difference between the guaranteed equalized
30 assessed valuation per weighted ADA pupil in subsection 5(a)
31 and the equalized assessed valuation per weighted ADA pupil
32 in the district by the operating tax rate, multiplied by the
33 weighted average daily attendance of the district; provided,
34 however, that for the 1989-1990 school year only, a school
35 district maintaining grades kindergarten through 8 whose
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1 operating tax rate with reference to which its general State
2 aid for the 1989-1990 school year is determined is less than
3 1.28% and more than 1.090%, and which had an operating tax
4 rate of 1.28% or more for the previous year, shall have its
5 general State aid computed according to the provisions of
6 subsection 5(d)(2).
7 (2) For districts maintaining grades kindergarten
8 through 12 with an operating tax rate as described in
9 subsection 5(b) and (c) of 2.18% and above, the State aid
10 shall be computed as provided in subsection (d) (1) but as
11 though the district had an operating tax rate of 2.76%; in
12 K-8 districts with an operating tax rate of 1.28% and above,
13 the State aid shall be computed as provided in subsection (d)
14 (1) but as though the district had an operating tax rate of
15 1.90%; and in 9-12 districts, the State aid shall be computed
16 by multiplying the difference between the guaranteed
17 equalized assessed valuation per weighted average daily
18 attendance pupil in subsection 5(a) and the equalized
19 assessed valuation per weighted average daily attendance
20 pupil in the district by the operating tax rate, not to
21 exceed 1.10%, multiplied by the weighted average daily
22 attendance of the district. State aid computed under the
23 provisions of this subsection (d) (2) shall be treated as
24 separate from all other payments made pursuant to this
25 Section. The State Comptroller and State Treasurer shall
26 transfer from the General Revenue Fund to the Common School
27 Fund the amounts necessary to permit these claims to be paid
28 in equal installments along with other State aid payments
29 remaining to be made for the 1983-1984 school year under this
30 Section.
31 (3) For any school district whose 1995 equalized
32 assessed valuation is at least 6% less than its 1994
33 equalized assessed valuation as the result of a reduction in
34 the equalized assessed valuation of the taxable property
35 within such district of any one taxpayer whose taxable
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1 property within the district has a 1994 equalized assessed
2 valuation constituting at least 20% of the 1994 equalized
3 assessed valuation of all taxable property within the
4 district, the 1996-97 State aid of such district shall be
5 computed using its 1995 equalized assessed valuation.
6 (4) For any school district whose 1988 equalized
7 assessed valuation is 55% or less of its 1981 equalized
8 assessed valuation, the 1990-91 State aid of such district
9 shall be computed by multiplying the 1988 equalized assessed
10 valuation by a factor of .8. Any such school district which
11 is reorganized effective for the 1991-92 school year shall
12 use the formula provided in this subparagraph for purposes of
13 the calculation made pursuant to subsection (m) of this
14 Section.
15 (e) The amount of State aid shall be computed under the
16 provisions of subsections 5(a) through 5(d) provided the
17 equalized assessed valuation per weighted ADA pupil is less
18 than .87 of the amounts in subsection 5(a). If the equalized
19 assessed valuation per weighted ADA pupil is equal to or
20 greater than .87 of the amounts in subsection 5(a), the State
21 aid shall be computed under the provisions of subsection
22 5(f).
23 (f) If the equalized assessed valuation per weighted ADA
24 pupil is equal to or greater than .87 of the amounts in
25 subsection 5(a), the State aid per weighted ADA pupil shall
26 be computed by multiplying the product of .13 times the
27 maximum per pupil amount computed under the provisions of
28 subsections 5(a) through 5(d) by an amount equal to the
29 quotient of .87 times the equalized assessed valuation per
30 weighted ADA pupil in subsection 5(a) for that type of
31 district divided by the district equalized valuation per
32 weighted ADA pupil except in no case shall the district
33 receive State aid per weighted ADA pupil of less than .07
34 times the maximum per pupil amount computed under the
35 provisions of subsections 5(a) through 5(d).
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1 (g) In addition to the above grants, summer school
2 grants shall be made based upon the calculation as provided
3 in subsection 4 of this Section.
4 (h) The board of any district receiving any of the
5 grants provided for in this Section may apply those funds to
6 any fund so received for which that board is authorized to
7 make expenditures by law.
8 (i) (1) (a) In school districts with an average daily
9 attendance of 50,000 or more, the amount which is provided
10 under subsection 1(n) of this Section by the application of a
11 base Chapter 1 weighting factor of .375 shall be distributed
12 to the attendance centers within the district in proportion
13 to the number of pupils enrolled at each attendance center
14 who are eligible to receive free or reduced-price lunches or
15 breakfasts under the federal Child Nutrition Act of 1966 and
16 under the National School Lunch Act during the immediately
17 preceding school year. The amount of State aid provided
18 under subsection 1(n) of this Section by the application of
19 the Chapter 1 weighting factor in excess of .375 shall be
20 distributed to the attendance centers within the district in
21 proportion to the total enrollment at each attendance center.
22 Beginning with school year 1989-90, and each school year
23 thereafter, all funds provided under subsection 1 (n) of this
24 Section by the application of the Chapter 1 weighting factor
25 which are in excess of the level of non-targeted Chapter 1
26 funds in school year 1988-89 shall be distributed to
27 attendance centers, and only to attendance centers, within
28 the district in proportion to the number of pupils enrolled
29 at each attendance center who are eligible to receive free or
30 reduced price lunches or breakfasts under the Federal Child
31 Nutrition Act and under the National School Lunch Act during
32 the immediately preceding school year. Beginning in school
33 year 1989-90, 25% of the previously non-targeted Chapter 1
34 funds as established for school year 1988-89 shall also be
35 distributed to the attendance centers, and only to attendance
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1 centers, in the district in proportion to the number of
2 pupils enrolled at each attendance center who are eligible to
3 receive free or reduced price lunches or breakfasts under the
4 Federal Child Nutrition Act and under the National School
5 Lunch Act during the immediately preceding school year; in
6 school year 1990-91, 50% of the previously non-targeted
7 Chapter 1 funds as established for school year 1988-89 shall
8 be distributed to attendance centers, and only to attendance
9 centers, in the district in proportion to the number of
10 pupils enrolled at each attendance center who are eligible to
11 receive such free or reduced price lunches or breakfasts
12 during the immediately preceding school year; in school year
13 1991-92, 75% of the previously non-targeted Chapter 1 funds
14 as established for school year 1988-89 shall be distributed
15 to attendance centers, and only to attendance centers, in the
16 district in proportion to the number of pupils enrolled at
17 each attendance center who are eligible to receive such free
18 or reduced price lunches or breakfasts during the immediately
19 preceding school year; in school year 1992-93 and thereafter,
20 all funds provided under subsection 1 (n) of this Section by
21 the application of the Chapter 1 weighting factor shall be
22 distributed to attendance centers, and only to attendance
23 centers, in the district in proportion to the number of
24 pupils enrolled at each attendance center who are eligible to
25 receive free or reduced price lunches or breakfasts under the
26 Federal Child Nutrition Act and under the National School
27 Lunch Act during the immediately preceding school year;
28 provided, however, that the distribution formula in effect
29 beginning with school year 1989-90 shall not be applicable to
30 such portion of State aid provided under subsection 1 (n) of
31 this Section by the application of the Chapter 1 weighting
32 formula as is set aside and appropriated by the school
33 district for the purpose of providing desegregation programs
34 and related transportation to students (which portion shall
35 not exceed 5% of the total amount of State aid which is
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1 provided under subsection 1 (n) of this Section by
2 application of the Chapter 1 weighting formula), and the
3 relevant percentages shall be applied to the remaining
4 portion of such State aid. The distribution of these
5 portions of general State aid among attendance centers
6 according to these requirements shall not be compensated for
7 or contravened by adjustments of the total of other funds
8 appropriated to any attendance centers. (b) The Board of
9 Education shall utilize funding from one or several sources
10 in order to fully implement this provision annually prior to
11 the opening of school. The Board of Education shall apply
12 savings from reduced administrative costs required under
13 Section 34-43.1 and growth in non-Chapter 1 State and local
14 funds to assure that all attendance centers receive funding
15 to replace losses due to redistribution of Chapter 1 funding.
16 The distribution formula and funding to replace losses due to
17 the distribution formula shall occur, in full, using any and
18 all sources available, including, if necessary, revenue from
19 administrative reductions beyond those required in Section
20 34-43.1, in order to provide the necessary funds. (c) Each
21 attendance center shall be provided by the school district a
22 distribution of noncategorical funds and other categorical
23 funds to which an attendance center is entitled under law in
24 order that the State aid provided by application of the
25 Chapter 1 weighting factor and required to be distributed
26 among attendance centers according to the requirements of
27 this paragraph supplements rather than supplants the
28 noncategorical funds and other categorical funds provided by
29 the school district to the attendance centers.
30 Notwithstanding the foregoing provisions of this subsection
31 5(i)(1) or any other law to the contrary, beginning with the
32 1995-1996 school year and for each school year thereafter,
33 the board of a school district to which the provisions of
34 this subsection apply shall be required to allocate or
35 provide to attendance centers of the district in any such
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1 school year, from the State aid provided for the district
2 under this Section by application of the Chapter 1 weighting
3 factor, an aggregate amount of not less than $261,000,000 of
4 State Chapter 1 funds. Any State Chapter 1 funds that by
5 reason of the provisions of this paragraph are not required
6 to be allocated and provided to attendance centers may be
7 used and appropriated by the board of the district for any
8 lawful school purpose. Chapter 1 funds received by an
9 attendance center (except those funds set aside for
10 desegregation programs and related transportation to
11 students) shall be used on the schedule cited in this Section
12 at the attendance center at the discretion of the principal
13 and local school council for programs to improve educational
14 opportunities at qualifying schools through the following
15 programs and services: early childhood education, reduced
16 class size or improved adult to student classroom ratio,
17 enrichment programs, remedial assistance, attendance
18 improvement and other educationally beneficial expenditures
19 which supplement the regular and basic programs as determined
20 by the State Board of Education. Chapter 1 funds shall not
21 be expended for any political or lobbying purposes as defined
22 by board rule. (d) Each district subject to the provisions of
23 this paragraph shall submit an acceptable plan to meet the
24 educational needs of disadvantaged children, in compliance
25 with the requirements of this paragraph, to the State Board
26 of Education prior to July 15 of each year. This plan shall
27 be consistent with the decisions of local school councils
28 concerning the school expenditure plans developed in
29 accordance with part 4 of Section 34-2.3. The State Board
30 shall approve or reject the plan within 60 days after its
31 submission. If the plan is rejected the district shall give
32 written notice of intent to modify the plan within 15 days of
33 the notification of rejection and then submit a modified plan
34 within 30 days after the date of the written notice of intent
35 to modify. Districts may amend approved plans pursuant to
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1 rules promulgated by the State Board of Education.
2 Upon notification by the State Board of Education that
3 the district has not submitted a plan prior to July 15 or a
4 modified plan within the time period specified herein, the
5 State aid funds affected by said plan or modified plan shall
6 be withheld by the State Board of Education until a plan or
7 modified plan is submitted.
8 If the district fails to distribute State aid to
9 attendance centers in accordance with an approved plan, the
10 plan for the following year shall allocate funds, in addition
11 to the funds otherwise required by this subparagraph, to
12 those attendance centers which were underfunded during the
13 previous year in amounts equal to such underfunding.
14 For purposes of determining compliance with this
15 subsection in relation to Chapter 1 expenditures, each
16 district subject to the provisions of this subsection shall
17 submit as a separate document by December 1 of each year a
18 report of Chapter 1 expenditure data for the prior year in
19 addition to any modification of its current plan. If it is
20 determined that there has been a failure to comply with the
21 expenditure provisions of this subsection regarding
22 contravention or supplanting, the State Superintendent of
23 Education shall, within 60 days of receipt of the report,
24 notify the district and any affected local school council.
25 The district shall within 45 days of receipt of that
26 notification inform the State Superintendent of Education of
27 the remedial or corrective action to be taken, whether by
28 amendment of the current plan, if feasible, or by adjustment
29 in the plan for the following year. Failure to provide the
30 expenditure report or the notification of remedial or
31 corrective action in a timely manner shall result in a
32 withholding of the affected funds.
33 The State Board of Education shall promulgate rules and
34 regulations to implement the provisions of this subsection
35 5(i)(1). No funds shall be released under subsection 1(n) of
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1 this Section or under this subsection 5(i)(1) to any district
2 which has not submitted a plan which has been approved by the
3 State Board of Education.
4 (2) School districts with an average daily attendance of
5 more than 1,000 and less than 50,000 and having a low income
6 pupil weighting factor in excess of .53 shall submit a plan
7 to the State Board of Education prior to October 30 of each
8 year for the use of the funds resulting from the application
9 of subsection 1(n) of this Section for the improvement of
10 instruction in which priority is given to meeting the
11 education needs of disadvantaged children. Such plan shall
12 be submitted in accordance with rules and regulations
13 promulgated by the State Board of Education.
14 (j) For the purposes of calculating State aid under this
15 Section, with respect to any part of a school district within
16 a redevelopment project area in respect to which a
17 municipality has adopted tax increment allocation financing
18 pursuant to the Tax Increment Allocation Redevelopment Act,
19 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
20 Municipal Code or the Industrial Jobs Recovery Law, Sections
21 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
22 no part of the current equalized assessed valuation of real
23 property located in any such project area which is
24 attributable to an increase above the total initial equalized
25 assessed valuation of such property shall be used in
26 computing the equalized assessed valuation per weighted ADA
27 pupil in the district, until such time as all redevelopment
28 project costs have been paid, as provided in Section
29 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
30 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
31 For the purpose of computing the equalized assessed valuation
32 per weighted ADA pupil in the district the total initial
33 equalized assessed valuation or the current equalized
34 assessed valuation, whichever is lower, shall be used until
35 such time as all redevelopment project costs have been paid.
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1 (k) For a school district operating under the financial
2 supervision of an Authority created under Article 34A, the
3 State aid otherwise payable to that district under this
4 Section, other than State aid attributable to Chapter 1
5 students, shall be reduced by an amount equal to the budget
6 for the operations of the Authority as certified by the
7 Authority to the State Board of Education, and an amount
8 equal to such reduction shall be paid to the Authority
9 created for such district for its operating expenses in the
10 manner provided in Section 18-11. The remainder of State
11 school aid for any such district shall be paid in accordance
12 with Article 34A when that Article provides for a disposition
13 other than that provided by this Article.
14 (l) For purposes of calculating State aid under this
15 Section, the equalized assessed valuation for a school
16 district used to compute State aid shall be determined by
17 adding to the real property equalized assessed valuation for
18 the district an amount computed by dividing the amount of
19 money received by the district under the provisions of "An
20 Act in relation to the abolition of ad valorem personal
21 property tax and the replacement of revenues lost thereby",
22 certified August 14, 1979, by the total tax rate for the
23 district. For purposes of this subsection 1976 tax rates
24 shall be used for school districts in the county of Cook and
25 1977 tax rates shall be used for school districts in all
26 other counties.
27 (m) (1) For a new school district formed by combining
28 property included totally within 2 or more previously
29 existing school districts, for its first year of existence or
30 if the new district was formed after October 31, 1982 and
31 prior to September 23, 1985, for the year immediately
32 following September 23, 1985, the State aid calculated under
33 this Section shall be computed for the new district and for
34 the previously existing districts for which property is
35 totally included within the new district. If the computation
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1 on the basis of the previously existing districts is greater,
2 a supplementary payment equal to the difference shall be made
3 for the first 3 years of existence of the new district or if
4 the new district was formed after October 31, 1982 and prior
5 to September 23, 1985, for the 3 years immediately following
6 September 23, 1985.
7 (2) For a school district which annexes all of the
8 territory of one or more entire other school districts, for
9 the first year during which the change of boundaries
10 attributable to such annexation becomes effective for all
11 purposes as determined under Section 7-9 or 7A-8, the State
12 aid calculated under this Section shall be computed for the
13 annexing district as constituted after the annexation and for
14 the annexing and each annexed district as constituted prior
15 to the annexation; and if the computation on the basis of the
16 annexing and annexed districts as constituted prior to the
17 annexation is greater, a supplementary payment equal to the
18 difference shall be made for the first 3 years of existence
19 of the annexing school district as constituted upon such
20 annexation.
21 (3) For 2 or more school districts which annex all of
22 the territory of one or more entire other school districts,
23 and for 2 or more community unit districts which result upon
24 the division (pursuant to petition under Section 11A-2) of
25 one or more other unit school districts into 2 or more parts
26 and which together include all of the parts into which such
27 other unit school district or districts are so divided, for
28 the first year during which the change of boundaries
29 attributable to such annexation or division becomes effective
30 for all purposes as determined under Section 7-9 or 11A-10,
31 as the case may be, the State aid calculated under this
32 Section shall be computed for each annexing or resulting
33 district as constituted after the annexation or division and
34 for each annexing and annexed district, or for each resulting
35 and divided district, as constituted prior to the annexation
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1 or division; and if the aggregate of the State aid as so
2 computed for the annexing or resulting districts as
3 constituted after the annexation or division is less than the
4 aggregate of the State aid as so computed for the annexing
5 and annexed districts, or for the resulting and divided
6 districts, as constituted prior to the annexation or
7 division, then a supplementary payment equal to the
8 difference shall be made and allocated between or among the
9 annexing or resulting districts, as constituted upon such
10 annexation or division, for the first 3 years of their
11 existence. The total difference payment shall be allocated
12 between or among the annexing or resulting districts in the
13 same ratio as the pupil enrollment from that portion of the
14 annexed or divided district or districts which is annexed to
15 or included in each such annexing or resulting district bears
16 to the total pupil enrollment from the entire annexed or
17 divided district or districts, as such pupil enrollment is
18 determined for the school year last ending prior to the date
19 when the change of boundaries attributable to the annexation
20 or division becomes effective for all purposes. The amount
21 of the total difference payment and the amount thereof to be
22 allocated to the annexing or resulting districts shall be
23 computed by the State Board of Education on the basis of
24 pupil enrollment and other data which shall be certified to
25 the State Board of Education, on forms which it shall provide
26 for that purpose, by the regional superintendent of schools
27 for each educational service region in which the annexing and
28 annexed districts, or resulting and divided districts are
29 located.
30 (4) If a unit school district annexes all the territory
31 of another unit school district effective for all purposes
32 pursuant to Section 7-9 on July 1, 1988, and if part of the
33 annexed territory is detached within 90 days after July 1,
34 1988, then the detachment shall be disregarded in computing
35 the supplementary State aid payments under this paragraph (m)
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1 for the entire 3 year period and the supplementary State aid
2 payments shall not be diminished because of the detachment.
3 (5) Any supplementary State aid payment made under this
4 paragraph (m) shall be treated as separate from all other
5 payments made pursuant to this Section.
6 (n) For the purposes of calculating State aid under this
7 Section, the real property equalized assessed valuation for a
8 school district used to compute State aid shall be determined
9 by subtracting from the real property value as equalized or
10 assessed by the Department of Revenue for the district an
11 amount computed by dividing the amount of any abatement of
12 taxes under Section 18-170 of the Property Tax Code by the
13 maximum operating tax rates specified in subsection 5(c) of
14 this Section and an amount computed by dividing the amount of
15 any abatement of taxes under subsection (a) of Section 18-165
16 of the Property Tax Code by the maximum operating tax rates
17 specified in subsection 5(c) of this Section.
18 (o) Notwithstanding any other provisions of this
19 Section, for the 1996-1997 school year the amount of the
20 aggregate general State aid entitlement that is received
21 under this Section by each school district for that school
22 year shall be not less than the amount of the aggregate
23 general State aid entitlement that was received by the
24 district under this Section for the 1995-1996 school year.
25 If a school district is to receive an aggregate general State
26 aid entitlement under this Section for the 1996-1997 school
27 year that is less than the amount of the aggregate general
28 State aid entitlement that the district received under this
29 Section for the 1995-1996 school year, the school district
30 shall also receive, from a separate appropriation made for
31 purposes of this paragraph (o), a supplementary payment that
32 is equal to the amount by which the general State aid
33 entitlement received by the district under this Section for
34 the 1995-1996 school year exceeds the general State aid
35 entitlement that the district is to receive under this
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1 Section for the 1996-1997 school year.
2 Notwithstanding any other provisions of this Section, for
3 the 1997-1998 school year the amount of the aggregate general
4 State aid entitlement that is received under this Section by
5 each school district for that school year shall be not less
6 than the amount of the aggregate general State aid
7 entitlement that was received by the district under this
8 Section for the 1996-1997 school year. If a school district
9 is to receive an aggregate general State aid entitlement
10 under this Section for the 1997-1998 school year that is less
11 than the amount of the aggregate general State aid
12 entitlement that the district received under this Section for
13 the 1996-1997 school year, the school district shall also
14 receive, from a separate appropriation made for purposes of
15 this paragraph (o), a supplementary payment that is equal to
16 the amount by which the general State aid entitlement
17 received by the district under this Section for the 1996-1997
18 school year exceeds the general State aid entitlement that
19 the district is to receive under this Section for the
20 1997-1998 school year.
21 If the amount appropriated for supplementary payments to
22 school districts under this paragraph (o) is insufficient for
23 that purpose, the supplementary payments that districts are
24 to receive under this paragraph shall be prorated according
25 to the aggregate amount of the appropriation made for
26 purposes of this paragraph.
27 (p) For the 1997-1998 school year, a supplemental
28 general State aid grant shall be provided for school
29 districts as follows:
30 (i) The general State aid received by a school
31 district under this Section for the 1997-1998 school year
32 shall be added to the sum of (A) the result obtained by
33 multiplying the 1995 equalized valuation of all taxable
34 property in the district by the fixed calculation tax
35 rates of 3.0% for unit districts, 2.0% for elementary
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1 districts and 1.0% for high school districts plus (B) the
2 aggregate corporate personal property replacement
3 revenues received by the district during the 1996-1997
4 school year;
5 (ii) The aggregate amount determined under item (i)
6 of this subsection 5(p) shall be divided by the average
7 of the best 3 months of pupil attendance in the district
8 for the 1996-1997 school year; and
9 (iii) If the result obtained by dividing the
10 aggregate amount determined under item (i) of this
11 subsection 5(p) by the average of the best 3 months of
12 pupil attendance in the district as provided in item (ii)
13 of this subsection 5(p) is less than $3,600, the
14 supplemental general State aid grant that the district
15 shall receive under this subsection 5(p) for the
16 1997-1998 school year shall be equal to the amount
17 determined by subtracting from $3,600 the result obtained
18 by dividing the aggregate amount determined under item
19 (i) of this subsection by the average of the best 3
20 months of pupil attendance in the district as provided in
21 item (ii) of this subsection, and by multiplying that
22 difference by the average of the best 3 months of pupil
23 attendance in the district for the 1996-1997 school year.
24 If the moneys appropriated in a separate line item by the
25 General Assembly to the State Board of Education for
26 supplementary payments required to be made and distributed to
27 school districts for any school year under this subsection
28 5(p) are insufficient, the amount of the supplementary
29 payments required to be made and distributed to those school
30 districts under this subsection 5(p) for that school year
31 shall abate proportionately.
32 B. In calculating the amount to be paid to the governing
33 board of a public university that operates a laboratory
34 school under this Section or to any alternative school that
35 is operated by a regional superintendent, the State Board of
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1 Education shall require by rule such reporting requirements
2 as it deems necessary.
3 As used in this Section, "laboratory school" means a
4 public school which is created and operated by a public
5 university and approved by the State Board of Education. The
6 governing board of a public university which receives funds
7 from the State Board under this subsection B may not increase
8 the number of students enrolled in its laboratory school from
9 a single district, if that district is already sending 50 or
10 more students, except under a mutual agreement between the
11 school board of a student's district of residence and the
12 university which operates the laboratory school. A
13 laboratory school may not have more than 1,000 students,
14 excluding students with disabilities in a special education
15 program.
16 As used in this Section, "alternative school" means a
17 public school which is created and operated by a Regional
18 Superintendent of Schools and approved by the State Board of
19 Education. Such alternative schools may offer courses of
20 instruction for which credit is given in regular school
21 programs, courses to prepare students for the high school
22 equivalency testing program or vocational and occupational
23 training.
24 Each laboratory and alternative school shall file, on
25 forms provided by the State Superintendent of Education, an
26 annual State aid claim which states the average daily
27 attendance of the school's students by month. The best 3
28 months' average daily attendance shall be computed for each
29 school. The weighted average daily attendance shall be
30 computed and the weighted average daily attendance for the
31 school's most recent 3 year average shall be compared to the
32 most recent weighted average daily attendance, and the
33 greater of the 2 shall be used for the calculation under this
34 subsection B. The general State aid entitlement shall be
35 computed by multiplying the school's student count by the
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1 foundation level as determined under this Section.
2 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
3 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
4 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
5 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
6 eff. 8-16-96; revised 9-10-96.)
7 Section 30. The Liquor Control Act of 1934 is amended by
8 changing Section 3-12 and by adding Section 5-6 as follows:
9 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
10 (Text of Section before amendment by P.A. 89-507)
11 Sec. 3-12. The State commission shall have the following
12 powers, functions and duties:
13 (1) To receive applications and to issue licenses to
14 manufacturers, foreign importers, importing distributors,
15 distributors, non-resident dealers, on premise consumption
16 retailers, off premise sale retailers, special event retailer
17 licensees, special use permit licenses, auction liquor
18 licenses, brew pubs, caterer retailers, non-beverage users,
19 railroads, including owners and lessees of sleeping, dining
20 and cafe cars, airplanes and boats, in accordance with the
21 provisions of this Act, and to suspend or revoke such
22 licenses upon the State commission's determination, upon
23 notice after hearing, that a licensee has violated any
24 provision of this Act or any rule or regulation issued
25 pursuant thereto and in effect for 30 days prior to such
26 violation.
27 In lieu of suspending or revoking a license, the
28 commission may impose a fine, upon the State commission's
29 determination and notice after hearing, that a licensee has
30 violated any provision of this Act or any rule or regulation
31 issued pursuant thereto and in effect for 30 days prior to
32 such violation. The fine imposed under this paragraph may
33 not exceed $500 for each violation. Each day that the
-35- LRB9003523EGfgccr4
1 activity, which gave rise to the original fine, continues is
2 a separate violation. The maximum fine that may be levied
3 against any licensee, for the period of the license, shall
4 not exceed $20,000.
5 (2) To adopt such rules and regulations consistent with
6 the provisions of this Act which shall be necessary to carry
7 on its functions and duties to the end that the health,
8 safety and welfare of the People of the State of Illinois
9 shall be protected and temperance in the consumption of
10 alcoholic liquors shall be fostered and promoted and to
11 distribute copies of such rules and regulations to all
12 licensees affected thereby.
13 (3) To call upon other administrative departments of the
14 State, county and municipal governments, county and city
15 police departments and upon prosecuting officers for such
16 information and assistance as it deems necessary in the
17 performance of its duties.
18 (4) To recommend to local commissioners rules and
19 regulations, not inconsistent with the law, for the
20 distribution and sale of alcoholic liquors throughout the
21 State.
22 (5) To inspect, or cause to be inspected, any premises
23 where alcoholic liquors are manufactured, distributed or
24 sold.
25 (6) To hear and determine appeals from orders of a local
26 commission in accordance with the provisions of this Act, as
27 hereinafter set forth. Hearings under this subsection shall
28 be held in Springfield or Chicago, at whichever location is
29 the more convenient for the majority of persons who are
30 parties to the hearing.
31 (7) The commission shall establish uniform systems of
32 accounts to be kept by all retail licensees having more than
33 4 employees, and for this purpose the commission may classify
34 all retail licensees having more than 4 employees and
35 establish a uniform system of accounts for each class and
-36- LRB9003523EGfgccr4
1 prescribe the manner in which such accounts shall be kept.
2 The commission may also prescribe the forms of accounts to be
3 kept by all retail licensees having more than 4 employees,
4 including but not limited to accounts of earnings and
5 expenses and any distribution, payment, or other distribution
6 of earnings or assets, and any other forms, records and
7 memoranda which in the judgment of the commission may be
8 necessary or appropriate to carry out any of the provisions
9 of this Act, including but not limited to such forms, records
10 and memoranda as will readily and accurately disclose at all
11 times the beneficial ownership of such retail licensed
12 business. The accounts, forms, records and memoranda shall
13 be available at all reasonable times for inspection by
14 authorized representatives of the State commission or by any
15 local liquor control commissioner or his or her authorized
16 representative. The commission, may, from time to time,
17 alter, amend or repeal, in whole or in part, any uniform
18 system of accounts, or the form and manner of keeping
19 accounts.
20 (8) In the conduct of any hearing authorized to be held
21 by the commission, to examine, or cause to be examined, under
22 oath, any licensee, and to examine or cause to be examined
23 the books and records of such licensee; to hear testimony and
24 take proof material for its information in the discharge of
25 its duties hereunder; to administer or cause to be
26 administered oaths; and for any such purpose to issue
27 subpoena or subpoenas to require the attendance of witnesses
28 and the production of books, which shall be effective in any
29 part of this State.
30 Any Circuit Court may by order duly entered, require the
31 attendance of witnesses and the production of relevant books
32 subpoenaed by the State commission and the court may compel
33 obedience to its order by proceedings for contempt.
34 (9) To investigate the administration of laws in
35 relation to alcoholic liquors in this and other states and
-37- LRB9003523EGfgccr4
1 any foreign countries, and to recommend from time to time to
2 the Governor and through him or her to the legislature of
3 this State, such amendments to this Act, if any, as it may
4 think desirable and as will serve to further the general
5 broad purposes contained in Section 1-2 hereof.
6 (10) To adopt such rules and regulations consistent with
7 the provisions of this Act which shall be necessary for the
8 control, sale or disposition of alcoholic liquor damaged as a
9 result of an accident, wreck, flood, fire or other similar
10 occurrence.
11 (11) To develop industry educational programs related to
12 responsible serving and selling, particularly in the areas of
13 overserving consumers and illegal underage purchasing and
14 consumption of alcoholic beverages.
15 (12) To develop and maintain a repository of license and
16 regulatory information.
17 (13) On or before January 15, 1994, the Commission shall
18 issue a written report to the Governor and General Assembly
19 that is to be based on a comprehensive study of the impact on
20 and implications for the State of Illinois of Section 1926 of
21 the Federal ADAMHA Reorganization Act of 1992 (Public Law
22 102-321). This study shall address the extent to which
23 Illinois currently complies with the provisions of P.L.
24 102-321 and the rules promulgated pursuant thereto.
25 As part of its report, the Commission shall provide the
26 following essential information:
27 (i) the number of retail distributors of tobacco
28 products, by type and geographic area, in the State;
29 (ii) the number of reported citations and
30 successful convictions, categorized by type and location
31 of retail distributor, for violation of the Sale of
32 Tobacco to Minors Act and the Smokeless Tobacco
33 Limitation Act;
34 (iii) the extent and nature of organized
35 educational and governmental activities that are intended
-38- LRB9003523EGfgccr4
1 to promote, encourage or otherwise secure compliance with
2 any Illinois laws that prohibit the sale or distribution
3 of tobacco products to minors; and
4 (iv) the level of access and availability of
5 tobacco products to individuals under the age of 18.
6 To obtain the data necessary to comply with the
7 provisions of P.L. 102-321 and the requirements of this
8 report, the Commission shall conduct random, unannounced
9 inspections of a geographically and scientifically
10 representative sample of the State's retail tobacco
11 distributors.
12 The Commission shall consult with the Department of
13 Public Health, the Department of Alcoholism and Substance
14 Abuse, the Illinois State Police and any other executive
15 branch agency, and private organizations that may have
16 information relevant to this report.
17 The Commission may contract with the Food and Drug
18 Administration of the U.S. Department of Health and Human
19 Services to conduct unannounced investigations of Illinois
20 tobacco vendors to determine compliance with federal laws
21 relating to the illegal sale of cigarettes and smokeless
22 tobacco products to persons under the age of 18.
23 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94.)
24 (Text of Section after amendment by P.A. 89-507)
25 Sec. 3-12. The State commission shall have the following
26 powers, functions and duties:
27 (1) To receive applications and to issue licenses to
28 manufacturers, foreign importers, importing distributors,
29 distributors, non-resident dealers, on premise consumption
30 retailers, off premise sale retailers, special event retailer
31 licensees, special use permit licenses, auction liquor
32 licenses, brew pubs, caterer retailers, non-beverage users,
33 railroads, including owners and lessees of sleeping, dining
34 and cafe cars, airplanes and boats, in accordance with the
-39- LRB9003523EGfgccr4
1 provisions of this Act, and to suspend or revoke such
2 licenses upon the State commission's determination, upon
3 notice after hearing, that a licensee has violated any
4 provision of this Act or any rule or regulation issued
5 pursuant thereto and in effect for 30 days prior to such
6 violation.
7 In lieu of suspending or revoking a license, the
8 commission may impose a fine, upon the State commission's
9 determination and notice after hearing, that a licensee has
10 violated any provision of this Act or any rule or regulation
11 issued pursuant thereto and in effect for 30 days prior to
12 such violation. The fine imposed under this paragraph may
13 not exceed $500 for each violation. Each day that the
14 activity, which gave rise to the original fine, continues is
15 a separate violation. The maximum fine that may be levied
16 against any licensee, for the period of the license, shall
17 not exceed $20,000.
18 (2) To adopt such rules and regulations consistent with
19 the provisions of this Act which shall be necessary to carry
20 on its functions and duties to the end that the health,
21 safety and welfare of the People of the State of Illinois
22 shall be protected and temperance in the consumption of
23 alcoholic liquors shall be fostered and promoted and to
24 distribute copies of such rules and regulations to all
25 licensees affected thereby.
26 (3) To call upon other administrative departments of the
27 State, county and municipal governments, county and city
28 police departments and upon prosecuting officers for such
29 information and assistance as it deems necessary in the
30 performance of its duties.
31 (4) To recommend to local commissioners rules and
32 regulations, not inconsistent with the law, for the
33 distribution and sale of alcoholic liquors throughout the
34 State.
35 (5) To inspect, or cause to be inspected, any premises
-40- LRB9003523EGfgccr4
1 where alcoholic liquors are manufactured, distributed or
2 sold.
3 (6) To hear and determine appeals from orders of a local
4 commission in accordance with the provisions of this Act, as
5 hereinafter set forth. Hearings under this subsection shall
6 be held in Springfield or Chicago, at whichever location is
7 the more convenient for the majority of persons who are
8 parties to the hearing.
9 (7) The commission shall establish uniform systems of
10 accounts to be kept by all retail licensees having more than
11 4 employees, and for this purpose the commission may classify
12 all retail licensees having more than 4 employees and
13 establish a uniform system of accounts for each class and
14 prescribe the manner in which such accounts shall be kept.
15 The commission may also prescribe the forms of accounts to be
16 kept by all retail licensees having more than 4 employees,
17 including but not limited to accounts of earnings and
18 expenses and any distribution, payment, or other distribution
19 of earnings or assets, and any other forms, records and
20 memoranda which in the judgment of the commission may be
21 necessary or appropriate to carry out any of the provisions
22 of this Act, including but not limited to such forms, records
23 and memoranda as will readily and accurately disclose at all
24 times the beneficial ownership of such retail licensed
25 business. The accounts, forms, records and memoranda shall
26 be available at all reasonable times for inspection by
27 authorized representatives of the State commission or by any
28 local liquor control commissioner or his or her authorized
29 representative. The commission, may, from time to time,
30 alter, amend or repeal, in whole or in part, any uniform
31 system of accounts, or the form and manner of keeping
32 accounts.
33 (8) In the conduct of any hearing authorized to be held
34 by the commission, to examine, or cause to be examined, under
35 oath, any licensee, and to examine or cause to be examined
-41- LRB9003523EGfgccr4
1 the books and records of such licensee; to hear testimony and
2 take proof material for its information in the discharge of
3 its duties hereunder; to administer or cause to be
4 administered oaths; and for any such purpose to issue
5 subpoena or subpoenas to require the attendance of witnesses
6 and the production of books, which shall be effective in any
7 part of this State.
8 Any Circuit Court may by order duly entered, require the
9 attendance of witnesses and the production of relevant books
10 subpoenaed by the State commission and the court may compel
11 obedience to its order by proceedings for contempt.
12 (9) To investigate the administration of laws in
13 relation to alcoholic liquors in this and other states and
14 any foreign countries, and to recommend from time to time to
15 the Governor and through him or her to the legislature of
16 this State, such amendments to this Act, if any, as it may
17 think desirable and as will serve to further the general
18 broad purposes contained in Section 1-2 hereof.
19 (10) To adopt such rules and regulations consistent with
20 the provisions of this Act which shall be necessary for the
21 control, sale or disposition of alcoholic liquor damaged as a
22 result of an accident, wreck, flood, fire or other similar
23 occurrence.
24 (11) To develop industry educational programs related to
25 responsible serving and selling, particularly in the areas of
26 overserving consumers and illegal underage purchasing and
27 consumption of alcoholic beverages.
28 (12) To develop and maintain a repository of license and
29 regulatory information.
30 (13) On or before January 15, 1994, the Commission shall
31 issue a written report to the Governor and General Assembly
32 that is to be based on a comprehensive study of the impact on
33 and implications for the State of Illinois of Section 1926 of
34 the Federal ADAMHA Reorganization Act of 1992 (Public Law
35 102-321). This study shall address the extent to which
-42- LRB9003523EGfgccr4
1 Illinois currently complies with the provisions of P.L.
2 102-321 and the rules promulgated pursuant thereto.
3 As part of its report, the Commission shall provide the
4 following essential information:
5 (i) the number of retail distributors of tobacco
6 products, by type and geographic area, in the State;
7 (ii) the number of reported citations and
8 successful convictions, categorized by type and location
9 of retail distributor, for violation of the Sale of
10 Tobacco to Minors Act and the Smokeless Tobacco
11 Limitation Act;
12 (iii) the extent and nature of organized
13 educational and governmental activities that are intended
14 to promote, encourage or otherwise secure compliance with
15 any Illinois laws that prohibit the sale or distribution
16 of tobacco products to minors; and
17 (iv) the level of access and availability of
18 tobacco products to individuals under the age of 18.
19 To obtain the data necessary to comply with the
20 provisions of P.L. 102-321 and the requirements of this
21 report, the Commission shall conduct random, unannounced
22 inspections of a geographically and scientifically
23 representative sample of the State's retail tobacco
24 distributors.
25 The Commission shall consult with the Department of
26 Public Health, the Department of Human Services, the Illinois
27 State Police and any other executive branch agency, and
28 private organizations that may have information relevant to
29 this report.
30 The Commission may contract with the Food and Drug
31 Administration of the U.S. Department of Health and Human
32 Services to conduct unannounced investigations of Illinois
33 tobacco vendors to determine compliance with federal laws
34 relating to the illegal sale of cigarettes and smokeless
35 tobacco products to persons under the age of 18.
-43- LRB9003523EGfgccr4
1 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94; 89-507,
2 eff. 7-1-97.)
3 (235 ILCS 5/5-6 new)
4 Sec. 5-6. FDA grant funds. Grant funds received from
5 the Food and Drug Administration of the U.S. Department of
6 Health and Human Services for conducting unannounced
7 investigations of Illinois tobacco vendors shall be deposited
8 into the Dram Shop Fund.
9 Section 35. The Illinois Public Aid Code is amended by
10 changing Sections 5-5.4 and 14-8 and adding Sections 12-4.32
11 and 12-4.201 as follows:
12 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
13 Sec. 5-5.4. Standards of Payment - Department of Public
14 Aid. The Department of Public Aid shall develop standards of
15 payment of skilled nursing and intermediate care services in
16 facilities providing such services under this Article which:
17 (1) Provides for the determination of a facility's
18 payment for skilled nursing and intermediate care services on
19 a prospective basis. The amount of the payment rate for all
20 nursing facilities certified under the medical assistance
21 program shall be prospectively established annually on the
22 basis of historical, financial, and statistical data
23 reflecting actual costs from prior years, which shall be
24 applied to the current rate year and updated for inflation,
25 except that the capital cost element for newly constructed
26 facilities shall be based upon projected budgets. The
27 annually established payment rate shall take effect on July 1
28 in 1984 and subsequent years. Rate increases shall be
29 provided annually thereafter on July 1 in 1984 and on each
30 subsequent July 1 in the following years, except that no rate
31 increase and no update for inflation shall be provided on or
32 after July 1, 1994, July 1, 1995, or July 1, 1996. Rates
-44- LRB9003523EGfgccr4
1 established effective each July 1 shall govern payment for
2 services rendered throughout that fiscal year, except that
3 rates established on July 1, 1996 shall be increased by 6.8%
4 for services provided on or after January 1, 1997. Such
5 rates will be based upon the rates calculated for the year
6 beginning July 1, 1990, and for subsequent years thereafter
7 shall be based on the facility cost reports for the facility
8 fiscal year ending at any point in time during the previous
9 calendar year, updated to the midpoint of the rate year. The
10 cost report shall be on file with the Department no later
11 than April 1 of the current rate year. Should the cost
12 report not be on file by April 1, the Department shall base
13 the rate on the latest cost report filed by each skilled care
14 facility and intermediate care facility, updated to the
15 midpoint of the current rate year. In determining rates for
16 services rendered on and after July 1, 1985, fixed time shall
17 not be computed at less than zero. The Department shall not
18 make any alterations of regulations which would reduce any
19 component of the Medicaid rate to a level below what that
20 component would have been utilizing in the rate effective on
21 July 1, 1984.
22 (2) Shall take into account the actual costs incurred by
23 facilities in providing services for recipients of skilled
24 nursing and intermediate care services under the medical
25 assistance program.
26 (3) Shall take into account the medical and
27 psycho-social characteristics and needs of the patients.
28 (4) Shall take into account the actual costs incurred by
29 facilities in meeting, licensing and certification standards
30 imposed and prescribed by the State of Illinois, any of its
31 political subdivisions or municipalities and by the United
32 States Department of Health, Education and Welfare pursuant
33 to Title XIX of the Social Security Act.
34 The Department of Public Aid shall develop precise
35 standards for payments to reimburse nursing facilities for
-45- LRB9003523EGfgccr4
1 any utilization of appropriate rehabilitative personnel for
2 the provision of rehabilitative services which is authorized
3 by federal regulations, including reimbursement for services
4 provided by qualified therapists or qualified assistants, and
5 which is in accordance with accepted professional practices.
6 Reimbursement also may be made for utilization of other
7 supportive personnel under appropriate supervision.
8 (Source: P.A. 88-554, eff. 7-26-94; 89-21, eff. 7-1-95;
9 89-499, eff. 6-28-96.)
10 (305 ILCS 5/12-4.32 new)
11 Sec. 12-4.32. Payments to noncitizens. Subject to
12 specific appropriation for this purpose, the Department of
13 Human Services is authorized to provide payments to
14 individuals age 65 or over who were present in the United
15 States prior to August 22, 1996 and are terminated from the
16 federal Supplemental Security Income program due to their
17 noncitizen status. The payment levels for these persons
18 shall be determined by rule. These individuals shall be
19 required to pursue continued eligibility for the federal
20 Supplemental Security Income program based on disability, if
21 potentially available.
22 (305 ILCS 5/12-4.201 new)
23 Sec. 12-4.201. Data warehouse concerning medical and
24 related services. The Illinois Department of Public Aid may
25 purchase services and materials associated with the costs of
26 developing and implementing a data warehouse comprised of
27 management and decision making information in regard to the
28 liability associated with, and utilization of, medical and
29 related services, out of moneys available for that purpose.
30 (305 ILCS 5/14-8) (from Ch. 23, par. 14-8)
31 (Text of Section before amendment by P.A. 89-507)
32 Sec. 14-8. Disbursements to Hospitals.
-46- LRB9003523EGfgccr4
1 (a) For inpatient hospital services rendered on and
2 after September 1, 1991, the Illinois Department shall
3 reimburse hospitals for inpatient services at an inpatient
4 payment rate calculated for each hospital based upon the
5 Medicare Prospective Payment System as set forth in Sections
6 1886(b), (d), (g), and (h) of the federal Social Security
7 Act, and the regulations, policies, and procedures
8 promulgated thereunder, except as modified by this Section.
9 Payment rates for inpatient hospital services rendered on or
10 after September 1, 1991 and on or before September 30, 1992
11 shall be calculated using the Medicare Prospective Payment
12 rates in effect on September 1, 1991. Payment rates for
13 inpatient hospital services rendered on or after October 1,
14 1992 and on or before March 31, 1994 shall be calculated
15 using the Medicare Prospective Payment rates in effect on
16 September 1, 1992. Payment rates for inpatient hospital
17 services rendered on or after April 1, 1994 shall be
18 calculated using the Medicare Prospective Payment rates
19 (including the Medicare grouping methodology and weighting
20 factors as adjusted pursuant to paragraph (1) of this
21 subsection) in effect 90 days prior to the date of
22 admission. For services rendered on or after July 1, 1995,
23 the reimbursement methodology implemented under this
24 subsection shall not include those costs referred to in
25 Sections 1886(d)(5)(B) and 1886(h) of the Social Security
26 Act. The additional payment amounts required under Section
27 1886(d)(5)(F) of the Social Security Act, for hospitals
28 serving a disproportionate share of low-income or indigent
29 patients, are not required under this Section. For hospital
30 inpatient services rendered on or after July 1, 1995 and
31 before July 1, 1997, the Illinois Department shall reimburse
32 hospitals using the relative weighting factors and the base
33 payment rates calculated for each hospital that were in
34 effect on June 30, 1995, less the portion of such rates
35 attributed by the Illinois Department to the cost of medical
-47- LRB9003523EGfgccr4
1 education.
2 (1) The weighting factors established under Section
3 1886(d)(4) of the Social Security Act shall not be used
4 in the reimbursement system established under this
5 Section. Rather, the Illinois Department shall establish
6 by rule Medicaid weighting factors to be used in the
7 reimbursement system established under this Section.
8 (2) The Illinois Department shall define by rule
9 those hospitals or distinct parts of hospitals that shall
10 be exempt from the reimbursement system established under
11 this Section. In defining such hospitals, the Illinois
12 Department shall take into consideration those hospitals
13 exempt from the Medicare Prospective Payment System as of
14 September 1, 1991. For hospitals defined as exempt under
15 this subsection, the Illinois Department shall by rule
16 establish a reimbursement system for payment of inpatient
17 hospital services rendered on and after September 1,
18 1991. For all hospitals that are children's hospitals as
19 defined in Section 5-5.02 of this Code, the reimbursement
20 methodology shall, through June 30, 1992, net of all
21 applicable fees, at least equal each children's hospital
22 1990 ICARE payment rates, indexed to the current year by
23 application of the DRI hospital cost index from 1989 to
24 the year in which payments are made. Excepting county
25 providers as defined in Article XV of this Code,
26 hospitals licensed under the University of Illinois
27 Hospital Act, and facilities operated by the Illinois
28 Department of Mental Health and Developmental
29 Disabilities, for hospital inpatient services rendered on
30 or after July 1, 1995 and before July 1, 1997, the
31 Illinois Department shall reimburse children's hospitals,
32 as defined in 89 Illinois Administrative Code Section
33 149.50(c)(3), at the rates in effect on June 30, 1995,
34 and shall reimburse all other hospitals at the rates in
35 effect on June 30, 1995, less the portion of such rates
-48- LRB9003523EGfgccr4
1 attributed by the Illinois Department to the cost of
2 medical education.
3 (3) (Blank)
4 (4) Notwithstanding any other provision of this
5 Section, hospitals that on August 31, 1991, have a
6 contract with the Illinois Department under Section 3-4
7 of the Illinois Health Finance Reform Act may elect to
8 continue to be reimbursed at rates stated in such
9 contracts for general and specialty care.
10 (5) In addition to any payments made under this
11 subsection (a), the Illinois Department shall make the
12 adjustment payments required by Section 5-5.02 of this
13 Code; provided, that in the case of any hospital
14 reimbursed under a per case methodology, the Illinois
15 Department shall add an amount equal to the product of
16 the hospital's average length of stay, less one day,
17 multiplied by 20, for inpatient hospital services
18 rendered on or after September 1, 1991 and on or before
19 September 30, 1992.
20 (b) (Blank)
21 (b-5) Excepting county providers as defined in Article
22 XV of this Code, hospitals licensed under the University of
23 Illinois Hospital Act, and facilities operated by the
24 Illinois Department of Mental Health and Developmental
25 Disabilities, for outpatient services rendered on or after
26 July 1, 1995 and before July 1, 1997, the Illinois Department
27 shall reimburse children's hospitals, as defined in the
28 Illinois Administrative Code Section 149.50(c)(3), at the
29 rates in effect on June 30, 1995, less that portion of such
30 rates attributed by the Illinois Department to the outpatient
31 indigent volume adjustment and shall reimburse all other
32 hospitals at the rates in effect on June 30, 1995, less the
33 portions of such rates attributed by the Illinois Department
34 to the cost of medical education and attributed by the
35 Illinois Department to the outpatient indigent volume
-49- LRB9003523EGfgccr4
1 adjustment.
2 (c) In addition to any other payments under this Code,
3 the Illinois Department shall develop a hospital
4 disproportionate share reimbursement methodology that,
5 effective July 1, 1991, through September 30, 1992, shall
6 reimburse hospitals sufficiently to expend the fee monies
7 described in subsection (b) of Section 14-3 of this Code and
8 the federal matching funds received by the Illinois
9 Department as a result of expenditures made by the Illinois
10 Department as required by this subsection (c) and Section
11 14-2 that are attributable to fee monies deposited in the
12 Fund, less amounts applied to adjustment payments under
13 Section 5-5.02.
14 (d) Critical Care Access Payments.
15 (1) In addition to any other payments made under
16 this Code, the Illinois Department shall develop a
17 reimbursement methodology that shall reimburse Critical
18 Care Access Hospitals for the specialized services that
19 qualify them as Critical Care Access Hospitals. No
20 adjustment payments shall be made under this subsection
21 on or after July 1, 1995.
22 (2) "Critical Care Access Hospitals" includes, but
23 is not limited to, hospitals that meet at least one of
24 the following criteria:
25 (A) Hospitals located outside of a
26 metropolitan statistical area that are designated as
27 Level II Perinatal Centers and that provide a
28 disproportionate share of perinatal services to
29 recipients; or
30 (B) Hospitals that are designated as Level I
31 Trauma Centers (adult or pediatric) and certain
32 Level II Trauma Centers as determined by the
33 Illinois Department; or
34 (C) Hospitals located outside of a
35 metropolitan statistical area and that provide a
-50- LRB9003523EGfgccr4
1 disproportionate share of obstetrical services to
2 recipients.
3 (e) Inpatient high volume adjustment. For hospital
4 inpatient services, effective with rate periods beginning on
5 or after October 1, 1993, in addition to rates paid for
6 inpatient services by the Illinois Department, the Illinois
7 Department shall make adjustment payments for inpatient
8 services furnished by Medicaid high volume hospitals. The
9 Illinois Department shall establish by rule criteria for
10 qualifying as a Medicaid high volume hospital and shall
11 establish by rule a reimbursement methodology for calculating
12 these adjustment payments to Medicaid high volume hospitals.
13 No adjustment payment shall be made under this subsection for
14 services rendered on or after July 1, 1995.
15 (f) The Illinois Department shall modify its current
16 rules governing adjustment payments for targeted access,
17 critical care access, and uncompensated care to classify
18 those adjustment payments as not being payments to
19 disproportionate share hospitals under Title XIX of the
20 federal Social Security Act. Rules adopted under this
21 subsection shall not be effective with respect to services
22 rendered on or after July 1, 1995. The Illinois Department
23 has no obligation to adopt or implement any rules or make any
24 payments under this subsection for services rendered on or
25 after July 1, 1995.
26 (f-5) The State recognizes that adjustment payments to
27 hospitals providing certain services or incurring certain
28 costs may be necessary to assure that recipients of medical
29 assistance have adequate access to necessary medical
30 services. These adjustments include payments for teaching
31 costs and uncompensated care, trauma center payments,
32 rehabilitation hospital payments, perinatal center payments,
33 obstetrical care payments, targeted access payments, Medicaid
34 high volume payments, and outpatient indigent volume
35 payments. On or before April 1, 1995, the Illinois
-51- LRB9003523EGfgccr4
1 Department shall issue recommendations regarding (i)
2 reimbursement mechanisms or adjustment payments to reflect
3 these costs and services, including methods by which the
4 payments may be calculated and the method by which the
5 payments may be financed, and (ii) reimbursement mechanisms
6 or adjustment payments to reflect costs and services of
7 federally qualified health centers with respect to recipients
8 of medical assistance.
9 (g) If one or more hospitals file suit in any court
10 challenging any part of this Article XIV, payments to
11 hospitals under this Article XIV shall be made only to the
12 extent that sufficient monies are available in the Fund and
13 only to the extent that any monies in the Fund are not
14 prohibited from disbursement under any order of the court.
15 (h) Payments under the disbursement methodology
16 described in this Section are subject to approval by the
17 federal government in an appropriate State plan amendment.
18 (i) The Illinois Department may by rule establish
19 criteria for and develop methodologies for adjustment
20 payments to hospitals participating under this Article.
21 (Source: P.A. 88-88; 88-554, eff. 7-26-94; 89-21, eff.
22 7-1-95; 89-499, eff. 6-28-96; revised 8-26-96.)
23 (Text of Section after amendment by P.A. 89-507)
24 Sec. 14-8. Disbursements to Hospitals.
25 (a) For inpatient hospital services rendered on and
26 after September 1, 1991, the Illinois Department shall
27 reimburse hospitals for inpatient services at an inpatient
28 payment rate calculated for each hospital based upon the
29 Medicare Prospective Payment System as set forth in Sections
30 1886(b), (d), (g), and (h) of the federal Social Security
31 Act, and the regulations, policies, and procedures
32 promulgated thereunder, except as modified by this Section.
33 Payment rates for inpatient hospital services rendered on or
34 after September 1, 1991 and on or before September 30, 1992
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1 shall be calculated using the Medicare Prospective Payment
2 rates in effect on September 1, 1991. Payment rates for
3 inpatient hospital services rendered on or after October 1,
4 1992 and on or before March 31, 1994 shall be calculated
5 using the Medicare Prospective Payment rates in effect on
6 September 1, 1992. Payment rates for inpatient hospital
7 services rendered on or after April 1, 1994 shall be
8 calculated using the Medicare Prospective Payment rates
9 (including the Medicare grouping methodology and weighting
10 factors as adjusted pursuant to paragraph (1) of this
11 subsection) in effect 90 days prior to the date of
12 admission. For services rendered on or after July 1, 1995,
13 the reimbursement methodology implemented under this
14 subsection shall not include those costs referred to in
15 Sections 1886(d)(5)(B) and 1886(h) of the Social Security
16 Act. The additional payment amounts required under Section
17 1886(d)(5)(F) of the Social Security Act, for hospitals
18 serving a disproportionate share of low-income or indigent
19 patients, are not required under this Section. For hospital
20 inpatient services rendered on or after July 1, 1995 and
21 before July 1, 1997, the Illinois Department shall reimburse
22 hospitals using the relative weighting factors and the base
23 payment rates calculated for each hospital that were in
24 effect on June 30, 1995, less the portion of such rates
25 attributed by the Illinois Department to the cost of medical
26 education.
27 (1) The weighting factors established under Section
28 1886(d)(4) of the Social Security Act shall not be used
29 in the reimbursement system established under this
30 Section. Rather, the Illinois Department shall establish
31 by rule Medicaid weighting factors to be used in the
32 reimbursement system established under this Section.
33 (2) The Illinois Department shall define by rule
34 those hospitals or distinct parts of hospitals that shall
35 be exempt from the reimbursement system established under
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1 this Section. In defining such hospitals, the Illinois
2 Department shall take into consideration those hospitals
3 exempt from the Medicare Prospective Payment System as of
4 September 1, 1991. For hospitals defined as exempt under
5 this subsection, the Illinois Department shall by rule
6 establish a reimbursement system for payment of inpatient
7 hospital services rendered on and after September 1,
8 1991. For all hospitals that are children's hospitals as
9 defined in Section 5-5.02 of this Code, the reimbursement
10 methodology shall, through June 30, 1992, net of all
11 applicable fees, at least equal each children's hospital
12 1990 ICARE payment rates, indexed to the current year by
13 application of the DRI hospital cost index from 1989 to
14 the year in which payments are made. Excepting county
15 providers as defined in Article XV of this Code,
16 hospitals licensed under the University of Illinois
17 Hospital Act, and facilities operated by the Department
18 of Mental Health and Developmental Disabilities (or its
19 successor, the Department of Human Services) for hospital
20 inpatient services rendered on or after July 1, 1995 and
21 before July 1, 1997, the Illinois Department shall
22 reimburse children's hospitals, as defined in 89 Illinois
23 Administrative Code Section 149.50(c)(3), at the rates in
24 effect on June 30, 1995, and shall reimburse all other
25 hospitals at the rates in effect on June 30, 1995, less
26 the portion of such rates attributed by the Illinois
27 Department to the cost of medical education.
28 (3) (Blank)
29 (4) Notwithstanding any other provision of this
30 Section, hospitals that on August 31, 1991, have a
31 contract with the Illinois Department under Section 3-4
32 of the Illinois Health Finance Reform Act may elect to
33 continue to be reimbursed at rates stated in such
34 contracts for general and specialty care.
35 (5) In addition to any payments made under this
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1 subsection (a), the Illinois Department shall make the
2 adjustment payments required by Section 5-5.02 of this
3 Code; provided, that in the case of any hospital
4 reimbursed under a per case methodology, the Illinois
5 Department shall add an amount equal to the product of
6 the hospital's average length of stay, less one day,
7 multiplied by 20, for inpatient hospital services
8 rendered on or after September 1, 1991 and on or before
9 September 30, 1992.
10 (b) (Blank)
11 (b-5) Excepting county providers as defined in Article
12 XV of this Code, hospitals licensed under the University of
13 Illinois Hospital Act, and facilities operated by the
14 Illinois Department of Mental Health and Developmental
15 Disabilities (or its successor, the Department of Human
16 Services) for outpatient services rendered on or after July
17 1, 1995 and before July 1, 1997, the Illinois Department
18 shall reimburse children's hospitals, as defined in the
19 Illinois Administrative Code Section 149.50(c)(3), at the
20 rates in effect on June 30, 1995, less that portion of such
21 rates attributed by the Illinois Department to the outpatient
22 indigent volume adjustment and shall reimburse all other
23 hospitals at the rates in effect on June 30, 1995, less the
24 portions of such rates attributed by the Illinois Department
25 to the cost of medical education and attributed by the
26 Illinois Department to the outpatient indigent volume
27 adjustment.
28 (c) In addition to any other payments under this Code,
29 the Illinois Department shall develop a hospital
30 disproportionate share reimbursement methodology that,
31 effective July 1, 1991, through September 30, 1992, shall
32 reimburse hospitals sufficiently to expend the fee monies
33 described in subsection (b) of Section 14-3 of this Code and
34 the federal matching funds received by the Illinois
35 Department as a result of expenditures made by the Illinois
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1 Department as required by this subsection (c) and Section
2 14-2 that are attributable to fee monies deposited in the
3 Fund, less amounts applied to adjustment payments under
4 Section 5-5.02.
5 (d) Critical Care Access Payments.
6 (1) In addition to any other payments made under
7 this Code, the Illinois Department shall develop a
8 reimbursement methodology that shall reimburse Critical
9 Care Access Hospitals for the specialized services that
10 qualify them as Critical Care Access Hospitals. No
11 adjustment payments shall be made under this subsection
12 on or after July 1, 1995.
13 (2) "Critical Care Access Hospitals" includes, but
14 is not limited to, hospitals that meet at least one of
15 the following criteria:
16 (A) Hospitals located outside of a
17 metropolitan statistical area that are designated as
18 Level II Perinatal Centers and that provide a
19 disproportionate share of perinatal services to
20 recipients; or
21 (B) Hospitals that are designated as Level I
22 Trauma Centers (adult or pediatric) and certain
23 Level II Trauma Centers as determined by the
24 Illinois Department; or
25 (C) Hospitals located outside of a
26 metropolitan statistical area and that provide a
27 disproportionate share of obstetrical services to
28 recipients.
29 (e) Inpatient high volume adjustment. For hospital
30 inpatient services, effective with rate periods beginning on
31 or after October 1, 1993, in addition to rates paid for
32 inpatient services by the Illinois Department, the Illinois
33 Department shall make adjustment payments for inpatient
34 services furnished by Medicaid high volume hospitals. The
35 Illinois Department shall establish by rule criteria for
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1 qualifying as a Medicaid high volume hospital and shall
2 establish by rule a reimbursement methodology for calculating
3 these adjustment payments to Medicaid high volume hospitals.
4 No adjustment payment shall be made under this subsection for
5 services rendered on or after July 1, 1995.
6 (f) The Illinois Department shall modify its current
7 rules governing adjustment payments for targeted access,
8 critical care access, and uncompensated care to classify
9 those adjustment payments as not being payments to
10 disproportionate share hospitals under Title XIX of the
11 federal Social Security Act. Rules adopted under this
12 subsection shall not be effective with respect to services
13 rendered on or after July 1, 1995. The Illinois Department
14 has no obligation to adopt or implement any rules or make any
15 payments under this subsection for services rendered on or
16 after July 1, 1995.
17 (f-5) The State recognizes that adjustment payments to
18 hospitals providing certain services or incurring certain
19 costs may be necessary to assure that recipients of medical
20 assistance have adequate access to necessary medical
21 services. These adjustments include payments for teaching
22 costs and uncompensated care, trauma center payments,
23 rehabilitation hospital payments, perinatal center payments,
24 obstetrical care payments, targeted access payments, Medicaid
25 high volume payments, and outpatient indigent volume
26 payments. On or before April 1, 1995, the Illinois
27 Department shall issue recommendations regarding (i)
28 reimbursement mechanisms or adjustment payments to reflect
29 these costs and services, including methods by which the
30 payments may be calculated and the method by which the
31 payments may be financed, and (ii) reimbursement mechanisms
32 or adjustment payments to reflect costs and services of
33 federally qualified health centers with respect to recipients
34 of medical assistance.
35 (g) If one or more hospitals file suit in any court
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1 challenging any part of this Article XIV, payments to
2 hospitals under this Article XIV shall be made only to the
3 extent that sufficient monies are available in the Fund and
4 only to the extent that any monies in the Fund are not
5 prohibited from disbursement under any order of the court.
6 (h) Payments under the disbursement methodology
7 described in this Section are subject to approval by the
8 federal government in an appropriate State plan amendment.
9 (i) The Illinois Department may by rule establish
10 criteria for and develop methodologies for adjustment
11 payments to hospitals participating under this Article.
12 (Source: P.A. 88-88; 88-554, eff. 7-26-94; 89-21, eff.
13 7-1-95; 89-499, eff. 6-28-96; 89-507, eff. 7-1-97; revised
14 8-26-96.)
15 Section 40. The Unified Code of Corrections is amended
16 by changing Section 3-4-1 as follows:
17 (730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
18 Sec. 3-4-1. Gifts and Grants; Special Trusts Funds;
19 Department of Corrections Reimbursement Fund.
20 (a) The Department may accept, receive and use, for and
21 in behalf of the State, any moneys, goods or services given
22 for general purposes of this Code Chapter by the federal
23 government or from any other source, public or private,
24 including collections from inmates, reimbursement of payments
25 under the Workers' Compensation Act, and commissions from
26 inmate collect call telephone systems under an agreement with
27 the Department of Central Management Services. For these
28 purposes the Department and may comply with such conditions
29 and enter into such agreements upon such covenants, terms,
30 and conditions as the Department may deem necessary or
31 desirable, if the agreement is not in conflict with State
32 law.
33 (b) The Department of Corrections Reimbursement Fund is
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1 hereby created as a special fund in the State treasury. The
2 moneys deposited into the Department of Corrections
3 Reimbursement Fund shall be appropriated to the Department of
4 Corrections for the expenses of the Department.
5 The following shall be deposited into the Department of
6 Corrections Reimbursement Fund:
7 (i) Moneys received or recovered by the Department
8 of Corrections as reimbursement for expenses incurred for
9 the incarceration of convicted persons.
10 (ii) Moneys received or recovered by the Department
11 as reimbursement of payments made under the Workers'
12 Compensation Act.
13 (iii) Moneys received by the Department as
14 commissions from inmate collect call telephone systems.
15 (iv) Moneys received or recovered by the Department
16 as reimbursement for expenses incurred by the employment
17 of persons referred to the Department as participants in
18 the federal Job Training Partnership Act programs.
19 (v) Federal moneys, including reimbursement and
20 advances for services rendered or to be rendered and moneys
21 for other than educational purposes, under grant or
22 contract., shall be deposited with the State Treasurer and
23 held and disbursed by him under Section 1 of "An Act in
24 relation to the receipt, custody and disbursement of money
25 allotted by the United States of America or any agency
26 thereof for use in this State", approved July 3, 1939, as now
27 or hereafter amended.
28 (c) Other moneys received by the Department, including
29 reimbursement for services rendered under grant or contract,
30 may be deposited in special trust funds established by the
31 Department with the State Treasurer, to be held by him
32 outside the State Treasury as ex officio custodian in banks
33 or savings and loan associations which have been approved by
34 him as State depositories under "AN ACT in relation to State
35 moneys", and with respect to such moneys, he shall be
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1 entitled to the same rights and privileges as are provided by
2 such Act with respect to moneys in the Treasury of the State
3 of Illinois.
4 (Source: P.A. 83-541.)
5 Section 95. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.
12 Section 99. Effective date. This Act takes effect July
13 1, 1997.".
14 Submitted on , 1997.
15 ______________________________ _____________________________
16 Senator Rauschenberger Representative Hannig
17 ______________________________ _____________________________
18 Senator Donahue Representative Schoenberg
19 ______________________________ _____________________________
20 Senator Weaver Representative Currie
21 ______________________________ _____________________________
22 Senator Trotter Representative Churchill
23 ______________________________ _____________________________
24 Senator del Valle Representative Rutherford
25 Committee for the Senate Committee for the House