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90_SB1101enr
New Act
Creates the FY1998 Budget Implementation Act. Provides
that the purpose of the Act is to make the changes in State
programs that are necessary to implement the Governor's
FY1998 budget recommendations. Effective immediately.
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1 AN ACT in relation to implementation of the State fiscal
2 year 1998 budget, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Administrative Procedure Act is
6 amended by changing Sections 1-5 and 5-45 as follows:
7 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
8 Sec. 1-5. Applicability.
9 (a) This Act applies to every agency as defined in this
10 Act. Beginning January 1, 1978, in case of conflict between
11 the provisions of this Act and the Act creating or conferring
12 power on an agency, this Act shall control. If, however, an
13 agency (or its predecessor in the case of an agency that has
14 been consolidated or reorganized) has existing procedures on
15 July 1, 1977, specifically for contested cases or licensing,
16 those existing provisions control, except that this exception
17 respecting contested cases and licensing does not apply if
18 the Act creating or conferring power on the agency adopts by
19 express reference the provisions of this Act. Where the Act
20 creating or conferring power on an agency establishes
21 administrative procedures not covered by this Act, those
22 procedures shall remain in effect.
23 (b) The provisions of this Act do not apply to (i)
24 preliminary hearings, investigations, or practices where no
25 final determinations affecting State funding are made by the
26 State Board of Education, (ii) legal opinions issued under
27 Section 2-3.7 of the School Code, (iii) as to State colleges
28 and universities, their disciplinary and grievance
29 proceedings, academic irregularity and capricious grading
30 proceedings, and admission standards and procedures, and (iv)
31 the class specifications for positions and individual
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1 position descriptions prepared and maintained under the
2 Personnel Code. Those class specifications shall, however,
3 be made reasonably available to the public for inspection and
4 copying. The provisions of this Act do not apply to hearings
5 under Section 20 of the Uniform Disposition of Unclaimed
6 Property Act.
7 (c) Section 5-35 of this Act relating to procedures for
8 rulemaking does not apply to the following:
9 (1) Rules adopted by the Pollution Control Board
10 that, in accordance with Section 7.2 of the Environmental
11 Protection Act, are identical in substance to federal
12 regulations or amendments to those regulations
13 implementing the following: Sections 3001, 3002, 3003,
14 3004, 3005, and 9003 of the Solid Waste Disposal Act;
15 Section 105 of the Comprehensive Environmental Response,
16 Compensation, and Liability Act of 1980; Sections 307(b),
17 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
18 Water Pollution Control Act; and Sections 1412(b),
19 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
20 Water Act.
21 (2) Rules adopted by the Pollution Control Board
22 that establish or amend standards for the emission of
23 hydrocarbons and carbon monoxide from gasoline powered
24 motor vehicles subject to inspection under Section
25 13A-105 of the Vehicle Emissions Inspection Law and rules
26 adopted under Section 13B-20 of the Vehicle Emissions
27 Inspection Law of 1995.
28 (3) Procedural rules adopted by the Pollution
29 Control Board governing requests for exceptions under
30 Section 14.2 of the Environmental Protection Act.
31 (4) The Pollution Control Board's grant, pursuant
32 to an adjudicatory determination, of an adjusted standard
33 for persons who can justify an adjustment consistent with
34 subsection (a) of Section 27 of the Environmental
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1 Protection Act.
2 (5) Rules adopted by the Pollution Control Board
3 that are identical in substance to the regulations
4 adopted by the Office of the State Fire Marshal under
5 clause (ii) of paragraph (b) of subsection (3) of Section
6 2 of the Gasoline Storage Act.
7 (d) Pay rates established under Section 8a of the
8 Personnel Code shall be amended or repealed pursuant to the
9 process set forth in Section 5-50 within 30 days after it
10 becomes necessary to do so due to a conflict between the
11 rates and the terms of a collective bargaining agreement
12 covering the compensation of an employee subject to that
13 Code.
14 (Source: P.A. 87-823; 88-533.)
15 (5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
16 Sec. 5-45. Emergency rulemaking.
17 (a) "Emergency" means the existence of any situation
18 that any agency finds reasonably constitutes a threat to the
19 public interest, safety, or welfare.
20 (b) If any agency finds that an emergency exists that
21 requires adoption of a rule upon fewer days than is required
22 by Section 5-40 and states in writing its reasons for that
23 finding, the agency may adopt an emergency rule without prior
24 notice or hearing upon filing a notice of emergency
25 rulemaking with the Secretary of State under Section 5-70.
26 The notice shall include the text of the emergency rule and
27 shall be published in the Illinois Register. Consent orders
28 or other court orders adopting settlements negotiated by an
29 agency may be adopted under this Section. Subject to
30 applicable constitutional or statutory provisions, an
31 emergency rule becomes effective immediately upon filing
32 under Section 5-65 or at a stated date less than 10 days
33 thereafter. The agency's finding and a statement of the
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1 specific reasons for the finding shall be filed with the
2 rule. The agency shall take reasonable and appropriate
3 measures to make emergency rules known to the persons who may
4 be affected by them.
5 (c) An emergency rule may be effective for a period of
6 not longer than 150 days, but the agency's authority to adopt
7 an identical rule under Section 5-40 is not precluded. No
8 emergency rule may be adopted more than once in any 24 month
9 period, except that this limitation on the number of
10 emergency rules that may be adopted in a 24 month period does
11 not apply to (i) emergency rules that make additions to and
12 deletions from the Drug Manual under Section 5-5.16 of the
13 Illinois Public Aid Code or the generic drug formulary under
14 Section 3.14 of the Illinois Food, Drug and Cosmetic Act or
15 (ii) emergency rules adopted by the Pollution Control Board
16 before July 1, 1997 to implement portions of the Livestock
17 Management Facilities Act. Two or more emergency rules
18 having substantially the same purpose and effect shall be
19 deemed to be a single rule for purposes of this Section.
20 (d) In order to provide for the expeditious and timely
21 implementation of the State's fiscal year 1998 budget,
22 emergency rules to implement any provision of this amendatory
23 Act of 1997 or any other budget initiative for fiscal year
24 1998 may be adopted in accordance with this Section by the
25 agency charged with administering that provision or
26 initiative, except that the 24-month limitation on the
27 adoption of emergency rules and the provisions of Sections
28 5-115 and 5-125 do not apply to rules adopted under this
29 subsection (d). The adoption of emergency rules authorized
30 by this subsection (d) shall be deemed to be necessary for
31 the public interest, safety, and welfare.
32 (Source: P.A. 89-714, eff. 2-21-97.)
33 Section 10. The Narcotic Control Division Abolition Act
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1 is amended by changing Section 7 as follows:
2 (20 ILCS 2620/7) (from Ch. 127, par. 55j)
3 Sec. 7. Expenditures; evidence; forfeited property.
4 (a) The Director and the inspectors appointed by him,
5 when authorized by the Director, may expend such sums as the
6 Director deems necessary in the purchase of controlled
7 substances and cannabis for evidence and in the employment of
8 persons to obtain evidence.
9 Such sums to be expended shall be advanced to the officer
10 who is to make such purchase or employment from funds
11 appropriated or made available by law for the support or use
12 of the Department on vouchers therefor signed by the
13 Director. The Director and such officers are authorized to
14 maintain one or more commercial checking accounts with any
15 State banking corporation or corporations organized under or
16 subject to the Illinois Banking Act for the deposit and
17 withdrawal of moneys to be used for the purchase of evidence
18 and for the employment of persons to obtain evidence;
19 provided that no check may be written on nor any withdrawal
20 made from any such account except on the written signatures
21 of 2 persons designated by the Director to write such checks
22 and make such withdrawals.
23 (b) The Director is authorized to maintain one or more
24 commercial bank accounts with any State banking corporation
25 or corporations organized under or subject to the Illinois
26 Banking Act, as now or hereafter amended, for the deposit or
27 withdrawal of (i) moneys forfeited to the Department,
28 including the proceeds of the sale of forfeited property, as
29 provided in Section 2 of the State Officers and Employees
30 Money Disposition Act, as now or hereafter amended, pending
31 disbursement to participating agencies and deposit of the
32 Department's share as provided in subsection (c), and (ii)
33 all moneys being held as evidence by the Department, pending
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1 final court disposition; provided that no check may be
2 written on or any withdrawal made from any such account
3 except on the written signatures of 2 persons designated by
4 the Director to write such checks and make such withdrawals.
5 (c) All moneys received by the Illinois State Police as
6 their share of forfeited funds (including the proceeds of the
7 sale of forfeited property) received pursuant to the Drug
8 Asset Forfeiture Procedure Act, the Cannabis Control Act, the
9 Illinois Controlled Substances Act, the Environmental
10 Protection Act, or any other Illinois law shall be deposited
11 into the State Asset Forfeiture Fund, which is hereby created
12 as an interest-bearing special fund in the State treasury.
13 All moneys received by the Illinois State Police as their
14 share of forfeited funds (including the proceeds of the sale
15 of forfeited property) received pursuant to federal equitable
16 sharing transfers shall be deposited into the Federal Asset
17 Forfeiture Fund, which is hereby created as an
18 interest-bearing special fund in the State treasury.
19 The moneys deposited into the State Asset Forfeiture Fund
20 and the Federal Asset Forfeiture Fund shall be appropriated
21 to the Department of State Police and may be used by the
22 Illinois State Police in accordance with law.
23 (Source: P.A. 85-1291.)
24 Section 15. The State Finance Act is amended by adding
25 Sections 5.449, 5.450, 5.451, 5.452, and 11.5 as follows:
26 (30 ILCS 105/5.449 new)
27 Sec. 5.449. The Department of Corrections Education
28 Fund.
29 (30 ILCS 105/5.450 new)
30 Sec. 5.450. The Department of Corrections Reimbursement
31 Fund.
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1 (30 ILCS 105/5.451 new)
2 Sec. 5.451. The State Asset Forfeiture Fund.
3 (30 ILCS 105/5.452 new)
4 Sec. 5.452. The Federal Asset Forfeiture Fund.
5 (30 ILCS 105/11.5 new)
6 Sec. 11.5. Agencies with procurement authority. If a
7 State agency with authority over a procurement or category of
8 procurements requires its written signature or written
9 approval on contracts subject to that authority, the agency
10 shall notify the State Comptroller in writing of this
11 requirement. After receiving that notice, the State
12 Comptroller shall neither file nor approve or issue a warrant
13 under an affected contract, whether written or oral and
14 regardless of the dollar amount involved, unless and until
15 the contract has been signed or approved in writing by the
16 agency with procurement authority.
17 (30 ILCS 105/6z-13 rep.)
18 Section 16. The State Finance Act is amended by
19 repealing Section 6z-13.
20 Section 20. The Illinois Pension Code is amended by
21 adding Section 15-158.3 as follows:
22 (40 ILCS 5/15-158.3 new)
23 Sec. 15-158.3. Reports on cost reduction; effect on
24 retirement at any age with 30 years of service.
25 (a) On or before November 15, 2001 and on or before
26 November 15th of each year thereafter, the Board shall have
27 the System's actuary prepare a report showing, on a fiscal
28 year by fiscal year basis, the actual rate of participation
29 in the optional retirement program authorized by Section
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1 15-158.2, (i) by employees of the System's covered higher
2 educational institutions who were hired on or after the
3 implementation date of the optional retirement program and
4 (ii) by other System participants.
5 The actuary's report must also quantify the extent to
6 which employee optional retirement plan participation has
7 reduced the State's required contributions to the System,
8 expressed both in dollars and as a percentage of covered
9 payroll, in relation to what the State's contributions to the
10 System would have been (1) if the optional retirement program
11 had not been implemented, and (2) if 45% of employees of the
12 System's covered higher educational institutions who were
13 hired on or after the implementation date of the optional
14 retirement program had elected to participate in the optional
15 retirement program and 10% of other System participants had
16 transferred to the optional retirement program following its
17 implementation.
18 (b) On or before November 15th of 2001 and on or before
19 November 15th of each year thereafter, the Illinois Board of
20 Higher Education, in conjunction with the Bureau of the
21 Budget, shall prepare a report showing, on a fiscal year by
22 fiscal year basis, the amount by which the costs associated
23 with compensable sick leave have been reduced as a result of
24 the termination of compensable sick leave accrual on and
25 after January 1, 1998 by employees of higher education
26 institutions who are participants in the System.
27 (c) On or before November 15 of 2001 and on or before
28 November 15th of each year thereafter, the Department of
29 Central Management Services shall prepare a report showing,
30 on a fiscal year by fiscal year basis, the amount by which
31 the State's cost for health insurance coverage under the
32 State Employees Group Insurance Act of 1971 for retirees of
33 the State's universities and their survivors has declined as
34 a result of requiring some of those retirees and survivors to
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1 contribute to the cost of their basic health insurance.
2 These year-by-year reductions in cost must be quantified both
3 in dollars and as a level percentage of payroll covered by
4 the System.
5 (d) The reports required under subsections (a), (b), and
6 (c) shall be disseminated to the Board, the Pension Laws
7 Commission, the Illinois Economic and Fiscal Commission, the
8 Illinois Board of Higher Education, and the Governor.
9 (e) The reports required under subsections (a), (b), and
10 (c) shall be taken into account by the Pension Laws
11 Commission in making any recommendation to extend by
12 legislation beyond December 31, 2002 the provision that
13 allows a System participant to retire at any age with 30 or
14 more years of service as authorized in Section 15-135. If
15 that provision is extended beyond December 31, 2002, and if
16 the most recent report under subsection (a) indicates that
17 actual State contributions to the System for the period
18 during which the optional retirement program has been in
19 operation have exceeded the projected State contributions
20 under the assumptions in clause (2) of subsection (a), then
21 any extension of the provision beyond December 31, 2002 must
22 require that the System's higher educational institutions and
23 agencies cover any funding deficiency through an annual
24 payment to the System out of appropriate resources of their
25 own.
26 Section 25. The School Code is amended by changing
27 Sections 13-44.4 and 18-8 as follows:
28 (105 ILCS 5/13-44.4) (from Ch. 122, par. 13-44.4)
29 Sec. 13-44.4. Department of Corrections Education Fund;
30 budget. An Educational Fund shall be established wherein
31 All moneys received from the Common School Fund, federal aid
32 and grants, vocational and educational funds and grants, and
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1 gifts and grants by individuals, foundations and corporations
2 for educational purposes shall be deposited into the
3 Department of Corrections Education Fund, which is hereby
4 created as a special fund in the State Treasury. The
5 Department of Corrections Education Fund The Educational Fund
6 shall be kept separate from general funds and shall be held
7 by the State Treasurer as ex-officio custodian in a separate
8 fund, and shall be used, subject to appropriation, to pay the
9 expense of the schools and school district of the Department
10 of Corrections together with and supplemental to regular
11 appropriations to the Department for educational purposes,
12 including, but not limited to, the cost of teacher salaries,
13 supplies and materials, building upkeep and costs,
14 transportation, scholarships, non-academic salaries,
15 equipment and other school costs.
16 Beginning in 1972, the Board of Education shall, by
17 November 15, adopt an annual Educational Fund budget for the
18 use of education moneys for the next school year which it
19 deems necessary to defray all necessary expenses and
20 liabilities of the district to be assumed by the Fund, and in
21 such annual budget shall specify the objects and purposes of
22 each item and the amount needed for each object or purpose.
23 The budget shall contain a statement of cash on hand at the
24 beginning of the fiscal year, an estimate of the cash
25 expected to be received during such fiscal year from all
26 sources, an estimate of the expenditure contemplated for such
27 fiscal year, and a statement of the estimated cash expected
28 to be on hand at the end of such year. Prior to the adoption
29 of the annual educational budget, this the Educational Fund
30 budget shall be submitted to the Department of Corrections
31 and the State Board of Education for incorporation.
32 (Source: P.A. 86-1028.)
33 (105 ILCS 5/18-8) (from Ch. 122, par. 18-8)
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1 Sec. 18-8. Basis for apportionment to districts,
2 laboratory schools and alternative schools.
3 A. The amounts to be apportioned shall be determined for
4 each educational service region by school districts, as
5 follows:
6 1. General Provisions.
7 (a) In the computation of the amounts to be apportioned,
8 the average daily attendance of all pupils in grades 9
9 through 12 shall be multiplied by 1.25. The average daily
10 attendance of all pupils in grades 7 and 8 shall be
11 multiplied by 1.05.
12 (b) The actual number of pupils in average daily
13 attendance shall be computed in a one-teacher school district
14 by dividing the total aggregate days of pupil attendance by
15 the actual number of days school is in session but not more
16 than 30 such pupils shall be accredited for such type of
17 district; and in districts of 2 or more teachers, or in
18 districts where records of attendance are kept by session
19 teachers, by taking the sum of the respective averages of the
20 units composing the group.
21 (c) Pupils in average daily attendance shall be computed
22 upon the average of the best 3 months of pupils attendance of
23 the current school year except as district claims may be
24 later amended as provided hereinafter in this Section.
25 However, for any school district maintaining grades
26 kindergarten through 12, the "average daily attendance" shall
27 be computed on the average of the best 3 months of pupils
28 attendance of the current year in grades kindergarten through
29 8, added together with the average of the best 3 months of
30 pupils attendance of the current year in grades 9 through 12,
31 except as district claims may be later amended as provided in
32 this Section. Days of attendance shall be kept by regular
33 calendar months, except any days of attendance in August
34 shall be added to the month of September and any days of
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1 attendance in June shall be added to the month of May.
2 Except as otherwise provided in this Section, days of
3 attendance by pupils shall be counted only for sessions of
4 not less than 5 clock hours of school work per day under
5 direct supervision of: (i) teachers, or (ii) non-teaching
6 personnel or volunteer personnel when engaging in
7 non-teaching duties and supervising in those instances
8 specified in subsection (a) of Section 10-22.34 and paragraph
9 10 of Section 34-18, with pupils of legal school age and in
10 kindergarten and grades 1 through 12.
11 (d) Pupils regularly enrolled in a public school for
12 only a part of the school day may be counted on the basis of
13 1/6 day for every class hour of instruction of 40 minutes or
14 more attended pursuant to such enrollment.
15 (e) Days of attendance may be less than 5 clock hours on
16 the opening and closing of the school term, and upon the
17 first day of pupil attendance, if preceded by a day or days
18 utilized as an institute or teachers' workshop.
19 (f) A session of 4 or more clock hours may be counted as
20 a day of attendance upon certification by the regional
21 superintendent, and approved by the State Superintendent of
22 Education to the extent that the district has been forced to
23 use daily multiple sessions.
24 (g) A session of 3 or more clock hours may be counted as
25 a day of attendance (1) when the remainder of the school day
26 or at least 2 hours in the evening of that day is utilized
27 for an in-service training program for teachers, up to a
28 maximum of 5 days per school year of which a maximum of 4
29 days of such 5 days may be used for parent-teacher
30 conferences, provided a district conducts an in-service
31 training program for teachers which has been approved by the
32 State Superintendent of Education; or, in lieu of 4 such
33 days, 2 full days may be used, in which event each such day
34 may be counted as a day of attendance; and (2) when days in
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1 addition to those provided in item (1) are scheduled by a
2 school pursuant to its school improvement plan adopted under
3 Article 34 or its revised or amended school improvement plan
4 adopted under Article 2, provided that (i) such sessions of 3
5 or more clock hours are scheduled to occur at regular
6 intervals, (ii) the remainder of the school days in which
7 such sessions occur are utilized for in-service training
8 programs or other staff development activities for teachers,
9 and (iii) a sufficient number of minutes of school work under
10 the direct supervision of teachers are added to the school
11 days between such regularly scheduled sessions to accumulate
12 not less than the number of minutes by which such sessions of
13 3 or more clock hours fall short of 5 clock hours. Any full
14 days used for the purposes of this paragraph shall not be
15 considered for computing average daily attendance. Days
16 scheduled for in-service training programs, staff development
17 activities, or parent-teacher conferences may be scheduled
18 separately for different grade levels and different
19 attendance centers of the district.
20 (h) A session of not less than one clock hour teaching
21 of hospitalized or homebound pupils on-site or by telephone
22 to the classroom may be counted as 1/2 day of attendance,
23 however these pupils must receive 4 or more clock hours of
24 instruction to be counted for a full day of attendance.
25 (i) A session of at least 4 clock hours may be counted
26 as a day of attendance for first grade pupils, and pupils in
27 full day kindergartens, and a session of 2 or more hours may
28 be counted as 1/2 day of attendance by pupils in
29 kindergartens which provide only 1/2 day of attendance.
30 (j) For children with disabilities who are below the age
31 of 6 years and who cannot attend two or more clock hours
32 because of their disability or immaturity, a session of not
33 less than one clock hour may be counted as 1/2 day of
34 attendance; however for such children whose educational needs
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1 so require a session of 4 or more clock hours may be counted
2 as a full day of attendance.
3 (k) A recognized kindergarten which provides for only
4 1/2 day of attendance by each pupil shall not have more than
5 1/2 day of attendance counted in any 1 day. However,
6 kindergartens may count 2 1/2 days of attendance in any 5
7 consecutive school days. Where a pupil attends such a
8 kindergarten for 2 half days on any one school day, such
9 pupil shall have the following day as a day absent from
10 school, unless the school district obtains permission in
11 writing from the State Superintendent of Education.
12 Attendance at kindergartens which provide for a full day of
13 attendance by each pupil shall be counted the same as
14 attendance by first grade pupils. Only the first year of
15 attendance in one kindergarten shall be counted except in
16 case of children who entered the kindergarten in their fifth
17 year whose educational development requires a second year of
18 kindergarten as determined under the rules and regulations of
19 the State Board of Education.
20 (l) Days of attendance by tuition pupils shall be
21 accredited only to the districts that pay the tuition to a
22 recognized school.
23 (m) The greater of the immediately preceding year's
24 weighted average daily attendance or the average of the
25 weighted average daily attendance of the immediately
26 preceding year and the previous 2 years shall be used.
27 For any school year beginning July 1, 1986 or thereafter,
28 if the weighted average daily attendance in either grades
29 kindergarten through 8 or grades 9 through 12 of a district
30 as computed for the first calendar month of the current
31 school year exceeds by more than 5%, but not less than 25
32 pupils, the district's weighted average daily attendance for
33 the first calendar month of the immediately preceding year
34 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
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1 average daily attendance in the attendance center or centers
2 bear to the average daily attendance in the school district.
3 A "recognized school" means any public school which meets the
4 standards as established for recognition by the State Board
5 of Education. A school district or attendance center not
6 having recognition status at the end of a school term is
7 entitled to receive State aid payments due upon a legal claim
8 which was filed while it was recognized.
9 (p) School district claims filed under this Section are
10 subject to Sections 18-9, 18-10 and 18-12, except as herein
11 otherwise provided.
12 (q) The State Board of Education shall secure from the
13 Department of Revenue the value as equalized or assessed by
14 the Department of Revenue of all taxable property of every
15 school district together with the applicable tax rate used in
16 extending taxes for the funds of the district as of September
17 30 of the previous year. The Department of Revenue shall add
18 to the equalized assessed value of all taxable property of
19 each school district situated entirely or partially within a
20 county with 2,000,000 or more inhabitants an amount equal to
21 the total amount by which the homestead exemptions allowed
22 under Sections 15-170 and 15-175 of the Property Tax Code for
23 real property situated in that school district exceeds the
24 total amount that would have been allowed in that school
25 district as homestead exemptions under those Sections if the
26 maximum reduction under Section 15-170 of the Property Tax
27 Code was $2,000 and the maximum reduction under Section
28 15-175 of the Property Tax Code was $3,500. The county clerk
29 of any county with 2,000,000 or more inhabitants shall
30 annually calculate and certify to the Department for each
31 school district all homestead exemption amounts required by
32 this amendatory Act of 1992. In a new district which has not
33 had any tax rates yet determined for extension of taxes, a
34 leveled uniform rate shall be computed from the latest amount
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1 of the fund taxes extended on the several areas within such
2 new district.
3 (r) If a school district operates a full year school
4 under Section 10-19.1, the general state aid to the school
5 district shall be determined by the State Board of Education
6 in accordance with this Section as near as may be applicable.
7 2. New or recomputed claim. The general State aid
8 entitlement for a newly created school district or a district
9 which has annexed an entire school district shall be computed
10 using attendance, compensatory pupil counts, equalized
11 assessed valuation, and tax rate data which would have been
12 used had the district been in existence for 3 years. General
13 State aid entitlements shall not be recomputed except as
14 permitted herein.
15 3. Impaction. Impaction payments shall be made as
16 provided for in Section 18-4.2.
17 4. Summer school. Summer school payments shall be made
18 as provided in Section 18-4.3.
19 5. Computation of State aid. The State grant shall be
20 determined as follows:
21 (a) The State shall guarantee the amount of money that a
22 district's operating tax rate as limited in other Sections of
23 this Act would produce if every district maintaining grades
24 kindergarten through 12 had an equalized assessed valuation
25 equal to $74,791 per weighted ADA pupil; every district
26 maintaining grades kindergarten through 8 had an equalized
27 assessed valuation of $108,644 per weighted ADA pupil; and
28 every district maintaining grades 9 through 12 had an
29 equalized assessed valuation of $187,657 per weighted ADA
30 pupil. The State Board of Education shall adjust the
31 equalized assessed valuation amounts stated in this
32 paragraph, if necessary, to conform to the amount of the
33 appropriation approved for any fiscal year.
34 (b) The operating tax rate to be used shall consist of
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1 all district taxes extended for all purposes except community
2 college educational purposes for the payment of tuition under
3 Section 6-1 of the Public Community College Act, Bond and
4 Interest, Summer School, Rent, Capital Improvement and
5 Vocational Education Building. Any district may elect to
6 exclude Transportation from the calculation of its operating
7 tax rate. Districts may include taxes extended for the
8 payment of principal and interest on bonds issued under the
9 provisions of Sections 17-2.11a and 20-2 at a rate of .05%
10 per year for each purpose or the actual rate extended,
11 whichever is less.
12 (c) For calculation of aid under this Act a district
13 shall use the combined authorized tax rates of all funds not
14 exempt in (b) above, not to exceed 2.76% of the value of all
15 its taxable property as equalized or assessed by the
16 Department of Revenue for districts maintaining grades
17 kindergarten through 12; 1.90% of the value of all its
18 taxable property as equalized or assessed by the Department
19 of Revenue for districts maintaining grades kindergarten
20 through 8 only; 1.10% of the value of all its taxable
21 property as equalized or assessed by the Department of
22 Revenue for districts maintaining grades 9 through 12 only.
23 A district may, however, as provided in Article 17, increase
24 its operating tax rate above the maximum rate provided in
25 this subsection without affecting the amount of State aid to
26 which it is entitled under this Act.
27 (d) (1) For districts maintaining grades kindergarten
28 through 12 with an operating tax rate as described in
29 subsections 5(b) and (c) of less than 2.18%, and districts
30 maintaining grades kindergarten through 8 with an operating
31 tax rate of less than 1.28%, State aid shall be computed by
32 multiplying the difference between the guaranteed equalized
33 assessed valuation per weighted ADA pupil in subsection 5(a)
34 and the equalized assessed valuation per weighted ADA pupil
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1 in the district by the operating tax rate, multiplied by the
2 weighted average daily attendance of the district; provided,
3 however, that for the 1989-1990 school year only, a school
4 district maintaining grades kindergarten through 8 whose
5 operating tax rate with reference to which its general State
6 aid for the 1989-1990 school year is determined is less than
7 1.28% and more than 1.090%, and which had an operating tax
8 rate of 1.28% or more for the previous year, shall have its
9 general State aid computed according to the provisions of
10 subsection 5(d)(2).
11 (2) For districts maintaining grades kindergarten
12 through 12 with an operating tax rate as described in
13 subsection 5(b) and (c) of 2.18% and above, the State aid
14 shall be computed as provided in subsection (d) (1) but as
15 though the district had an operating tax rate of 2.76%; in
16 K-8 districts with an operating tax rate of 1.28% and above,
17 the State aid shall be computed as provided in subsection (d)
18 (1) but as though the district had an operating tax rate of
19 1.90%; and in 9-12 districts, the State aid shall be computed
20 by multiplying the difference between the guaranteed
21 equalized assessed valuation per weighted average daily
22 attendance pupil in subsection 5(a) and the equalized
23 assessed valuation per weighted average daily attendance
24 pupil in the district by the operating tax rate, not to
25 exceed 1.10%, multiplied by the weighted average daily
26 attendance of the district. State aid computed under the
27 provisions of this subsection (d) (2) shall be treated as
28 separate from all other payments made pursuant to this
29 Section. The State Comptroller and State Treasurer shall
30 transfer from the General Revenue Fund to the Common School
31 Fund the amounts necessary to permit these claims to be paid
32 in equal installments along with other State aid payments
33 remaining to be made for the 1983-1984 school year under this
34 Section.
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1 (3) For any school district whose 1995 equalized
2 assessed valuation is at least 6% less than its 1994
3 equalized assessed valuation as the result of a reduction in
4 the equalized assessed valuation of the taxable property
5 within such district of any one taxpayer whose taxable
6 property within the district has a 1994 equalized assessed
7 valuation constituting at least 20% of the 1994 equalized
8 assessed valuation of all taxable property within the
9 district, the 1996-97 State aid of such district shall be
10 computed using its 1995 equalized assessed valuation.
11 (4) For any school district whose 1988 equalized
12 assessed valuation is 55% or less of its 1981 equalized
13 assessed valuation, the 1990-91 State aid of such district
14 shall be computed by multiplying the 1988 equalized assessed
15 valuation by a factor of .8. Any such school district which
16 is reorganized effective for the 1991-92 school year shall
17 use the formula provided in this subparagraph for purposes of
18 the calculation made pursuant to subsection (m) of this
19 Section.
20 (e) The amount of State aid shall be computed under the
21 provisions of subsections 5(a) through 5(d) provided the
22 equalized assessed valuation per weighted ADA pupil is less
23 than .87 of the amounts in subsection 5(a). If the equalized
24 assessed valuation per weighted ADA pupil is equal to or
25 greater than .87 of the amounts in subsection 5(a), the State
26 aid shall be computed under the provisions of subsection
27 5(f).
28 (f) If the equalized assessed valuation per weighted ADA
29 pupil is equal to or greater than .87 of the amounts in
30 subsection 5(a), the State aid per weighted ADA pupil shall
31 be computed by multiplying the product of .13 times the
32 maximum per pupil amount computed under the provisions of
33 subsections 5(a) through 5(d) by an amount equal to the
34 quotient of .87 times the equalized assessed valuation per
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1 weighted ADA pupil in subsection 5(a) for that type of
2 district divided by the district equalized valuation per
3 weighted ADA pupil except in no case shall the district
4 receive State aid per weighted ADA pupil of less than .07
5 times the maximum per pupil amount computed under the
6 provisions of subsections 5(a) through 5(d).
7 (g) In addition to the above grants, summer school
8 grants shall be made based upon the calculation as provided
9 in subsection 4 of this Section.
10 (h) The board of any district receiving any of the
11 grants provided for in this Section may apply those funds to
12 any fund so received for which that board is authorized to
13 make expenditures by law.
14 (i) (1) (a) In school districts with an average daily
15 attendance of 50,000 or more, the amount which is provided
16 under subsection 1(n) of this Section by the application of a
17 base Chapter 1 weighting factor of .375 shall be distributed
18 to the attendance centers within the district in proportion
19 to the number of pupils enrolled at each attendance center
20 who are eligible to receive free or reduced-price lunches or
21 breakfasts under the federal Child Nutrition Act of 1966 and
22 under the National School Lunch Act during the immediately
23 preceding school year. The amount of State aid provided
24 under subsection 1(n) of this Section by the application of
25 the Chapter 1 weighting factor in excess of .375 shall be
26 distributed to the attendance centers within the district in
27 proportion to the total enrollment at each attendance center.
28 Beginning with school year 1989-90, and each school year
29 thereafter, all funds provided under subsection 1 (n) of this
30 Section by the application of the Chapter 1 weighting factor
31 which are in excess of the level of non-targeted Chapter 1
32 funds in school year 1988-89 shall be distributed to
33 attendance centers, and only to attendance centers, within
34 the district in proportion to the number of pupils enrolled
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1 at each attendance center who are eligible to receive free or
2 reduced price lunches or breakfasts under the Federal Child
3 Nutrition Act and under the National School Lunch Act during
4 the immediately preceding school year. Beginning in school
5 year 1989-90, 25% of the previously non-targeted Chapter 1
6 funds as established for school year 1988-89 shall also be
7 distributed to the attendance centers, and only to attendance
8 centers, in the district in proportion to the number of
9 pupils enrolled at each attendance center who are eligible to
10 receive free or reduced price lunches or breakfasts under the
11 Federal Child Nutrition Act and under the National School
12 Lunch Act during the immediately preceding school year; in
13 school year 1990-91, 50% of the previously non-targeted
14 Chapter 1 funds as established for school year 1988-89 shall
15 be distributed to attendance centers, and only to attendance
16 centers, in the district in proportion to the number of
17 pupils enrolled at each attendance center who are eligible to
18 receive such free or reduced price lunches or breakfasts
19 during the immediately preceding school year; in school year
20 1991-92, 75% of the previously non-targeted Chapter 1 funds
21 as established for school year 1988-89 shall be distributed
22 to attendance centers, and only to attendance centers, in the
23 district in proportion to the number of pupils enrolled at
24 each attendance center who are eligible to receive such free
25 or reduced price lunches or breakfasts during the immediately
26 preceding school year; in school year 1992-93 and thereafter,
27 all funds provided under subsection 1 (n) of this Section by
28 the application of the Chapter 1 weighting factor shall be
29 distributed to attendance centers, and only to attendance
30 centers, in the district in proportion to the number of
31 pupils enrolled at each attendance center who are eligible to
32 receive free or reduced price lunches or breakfasts under the
33 Federal Child Nutrition Act and under the National School
34 Lunch Act during the immediately preceding school year;
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1 provided, however, that the distribution formula in effect
2 beginning with school year 1989-90 shall not be applicable to
3 such portion of State aid provided under subsection 1 (n) of
4 this Section by the application of the Chapter 1 weighting
5 formula as is set aside and appropriated by the school
6 district for the purpose of providing desegregation programs
7 and related transportation to students (which portion shall
8 not exceed 5% of the total amount of State aid which is
9 provided under subsection 1 (n) of this Section by
10 application of the Chapter 1 weighting formula), and the
11 relevant percentages shall be applied to the remaining
12 portion of such State aid. The distribution of these
13 portions of general State aid among attendance centers
14 according to these requirements shall not be compensated for
15 or contravened by adjustments of the total of other funds
16 appropriated to any attendance centers. (b) The Board of
17 Education shall utilize funding from one or several sources
18 in order to fully implement this provision annually prior to
19 the opening of school. The Board of Education shall apply
20 savings from reduced administrative costs required under
21 Section 34-43.1 and growth in non-Chapter 1 State and local
22 funds to assure that all attendance centers receive funding
23 to replace losses due to redistribution of Chapter 1 funding.
24 The distribution formula and funding to replace losses due to
25 the distribution formula shall occur, in full, using any and
26 all sources available, including, if necessary, revenue from
27 administrative reductions beyond those required in Section
28 34-43.1, in order to provide the necessary funds. (c) Each
29 attendance center shall be provided by the school district a
30 distribution of noncategorical funds and other categorical
31 funds to which an attendance center is entitled under law in
32 order that the State aid provided by application of the
33 Chapter 1 weighting factor and required to be distributed
34 among attendance centers according to the requirements of
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1 this paragraph supplements rather than supplants the
2 noncategorical funds and other categorical funds provided by
3 the school district to the attendance centers.
4 Notwithstanding the foregoing provisions of this subsection
5 5(i)(1) or any other law to the contrary, beginning with the
6 1995-1996 school year and for each school year thereafter,
7 the board of a school district to which the provisions of
8 this subsection apply shall be required to allocate or
9 provide to attendance centers of the district in any such
10 school year, from the State aid provided for the district
11 under this Section by application of the Chapter 1 weighting
12 factor, an aggregate amount of not less than $261,000,000 of
13 State Chapter 1 funds. Any State Chapter 1 funds that by
14 reason of the provisions of this paragraph are not required
15 to be allocated and provided to attendance centers may be
16 used and appropriated by the board of the district for any
17 lawful school purpose. Chapter 1 funds received by an
18 attendance center (except those funds set aside for
19 desegregation programs and related transportation to
20 students) shall be used on the schedule cited in this Section
21 at the attendance center at the discretion of the principal
22 and local school council for programs to improve educational
23 opportunities at qualifying schools through the following
24 programs and services: early childhood education, reduced
25 class size or improved adult to student classroom ratio,
26 enrichment programs, remedial assistance, attendance
27 improvement and other educationally beneficial expenditures
28 which supplement the regular and basic programs as determined
29 by the State Board of Education. Chapter 1 funds shall not
30 be expended for any political or lobbying purposes as defined
31 by board rule. (d) Each district subject to the provisions of
32 this paragraph shall submit an acceptable plan to meet the
33 educational needs of disadvantaged children, in compliance
34 with the requirements of this paragraph, to the State Board
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1 of Education prior to July 15 of each year. This plan shall
2 be consistent with the decisions of local school councils
3 concerning the school expenditure plans developed in
4 accordance with part 4 of Section 34-2.3. The State Board
5 shall approve or reject the plan within 60 days after its
6 submission. If the plan is rejected the district shall give
7 written notice of intent to modify the plan within 15 days of
8 the notification of rejection and then submit a modified plan
9 within 30 days after the date of the written notice of intent
10 to modify. Districts may amend approved plans pursuant to
11 rules promulgated by the State Board of Education.
12 Upon notification by the State Board of Education that
13 the district has not submitted a plan prior to July 15 or a
14 modified plan within the time period specified herein, the
15 State aid funds affected by said plan or modified plan shall
16 be withheld by the State Board of Education until a plan or
17 modified plan is submitted.
18 If the district fails to distribute State aid to
19 attendance centers in accordance with an approved plan, the
20 plan for the following year shall allocate funds, in addition
21 to the funds otherwise required by this subparagraph, to
22 those attendance centers which were underfunded during the
23 previous year in amounts equal to such underfunding.
24 For purposes of determining compliance with this
25 subsection in relation to Chapter 1 expenditures, each
26 district subject to the provisions of this subsection shall
27 submit as a separate document by December 1 of each year a
28 report of Chapter 1 expenditure data for the prior year in
29 addition to any modification of its current plan. If it is
30 determined that there has been a failure to comply with the
31 expenditure provisions of this subsection regarding
32 contravention or supplanting, the State Superintendent of
33 Education shall, within 60 days of receipt of the report,
34 notify the district and any affected local school council.
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1 The district shall within 45 days of receipt of that
2 notification inform the State Superintendent of Education of
3 the remedial or corrective action to be taken, whether by
4 amendment of the current plan, if feasible, or by adjustment
5 in the plan for the following year. Failure to provide the
6 expenditure report or the notification of remedial or
7 corrective action in a timely manner shall result in a
8 withholding of the affected funds.
9 The State Board of Education shall promulgate rules and
10 regulations to implement the provisions of this subsection
11 5(i)(1). No funds shall be released under subsection 1(n) of
12 this Section or under this subsection 5(i)(1) to any district
13 which has not submitted a plan which has been approved by the
14 State Board of Education.
15 (2) School districts with an average daily attendance of
16 more than 1,000 and less than 50,000 and having a low income
17 pupil weighting factor in excess of .53 shall submit a plan
18 to the State Board of Education prior to October 30 of each
19 year for the use of the funds resulting from the application
20 of subsection 1(n) of this Section for the improvement of
21 instruction in which priority is given to meeting the
22 education needs of disadvantaged children. Such plan shall
23 be submitted in accordance with rules and regulations
24 promulgated by the State Board of Education.
25 (j) For the purposes of calculating State aid under this
26 Section, with respect to any part of a school district within
27 a redevelopment project area in respect to which a
28 municipality has adopted tax increment allocation financing
29 pursuant to the Tax Increment Allocation Redevelopment Act,
30 Sections 11-74.4-1 through 11-74.4-11 of the Illinois
31 Municipal Code or the Industrial Jobs Recovery Law, Sections
32 11-74.6-1 through 11-74.6-50 of the Illinois Municipal Code,
33 no part of the current equalized assessed valuation of real
34 property located in any such project area which is
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1 attributable to an increase above the total initial equalized
2 assessed valuation of such property shall be used in
3 computing the equalized assessed valuation per weighted ADA
4 pupil in the district, until such time as all redevelopment
5 project costs have been paid, as provided in Section
6 11-74.4-8 of the Tax Increment Allocation Redevelopment Act
7 or in Section 11-74.6-35 of the Industrial Jobs Recovery Law.
8 For the purpose of computing the equalized assessed valuation
9 per weighted ADA pupil in the district the total initial
10 equalized assessed valuation or the current equalized
11 assessed valuation, whichever is lower, shall be used until
12 such time as all redevelopment project costs have been paid.
13 (k) For a school district operating under the financial
14 supervision of an Authority created under Article 34A, the
15 State aid otherwise payable to that district under this
16 Section, other than State aid attributable to Chapter 1
17 students, shall be reduced by an amount equal to the budget
18 for the operations of the Authority as certified by the
19 Authority to the State Board of Education, and an amount
20 equal to such reduction shall be paid to the Authority
21 created for such district for its operating expenses in the
22 manner provided in Section 18-11. The remainder of State
23 school aid for any such district shall be paid in accordance
24 with Article 34A when that Article provides for a disposition
25 other than that provided by this Article.
26 (l) For purposes of calculating State aid under this
27 Section, the equalized assessed valuation for a school
28 district used to compute State aid shall be determined by
29 adding to the real property equalized assessed valuation for
30 the district an amount computed by dividing the amount of
31 money received by the district under the provisions of "An
32 Act in relation to the abolition of ad valorem personal
33 property tax and the replacement of revenues lost thereby",
34 certified August 14, 1979, by the total tax rate for the
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1 district. For purposes of this subsection 1976 tax rates
2 shall be used for school districts in the county of Cook and
3 1977 tax rates shall be used for school districts in all
4 other counties.
5 (m) (1) For a new school district formed by combining
6 property included totally within 2 or more previously
7 existing school districts, for its first year of existence or
8 if the new district was formed after October 31, 1982 and
9 prior to September 23, 1985, for the year immediately
10 following September 23, 1985, the State aid calculated under
11 this Section shall be computed for the new district and for
12 the previously existing districts for which property is
13 totally included within the new district. If the computation
14 on the basis of the previously existing districts is greater,
15 a supplementary payment equal to the difference shall be made
16 for the first 3 years of existence of the new district or if
17 the new district was formed after October 31, 1982 and prior
18 to September 23, 1985, for the 3 years immediately following
19 September 23, 1985.
20 (2) For a school district which annexes all of the
21 territory of one or more entire other school districts, for
22 the first year during which the change of boundaries
23 attributable to such annexation becomes effective for all
24 purposes as determined under Section 7-9 or 7A-8, the State
25 aid calculated under this Section shall be computed for the
26 annexing district as constituted after the annexation and for
27 the annexing and each annexed district as constituted prior
28 to the annexation; and if the computation on the basis of the
29 annexing and annexed districts as constituted prior to the
30 annexation is greater, a supplementary payment equal to the
31 difference shall be made for the first 3 years of existence
32 of the annexing school district as constituted upon such
33 annexation.
34 (3) For 2 or more school districts which annex all of
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1 the territory of one or more entire other school districts,
2 and for 2 or more community unit districts which result upon
3 the division (pursuant to petition under Section 11A-2) of
4 one or more other unit school districts into 2 or more parts
5 and which together include all of the parts into which such
6 other unit school district or districts are so divided, for
7 the first year during which the change of boundaries
8 attributable to such annexation or division becomes effective
9 for all purposes as determined under Section 7-9 or 11A-10,
10 as the case may be, the State aid calculated under this
11 Section shall be computed for each annexing or resulting
12 district as constituted after the annexation or division and
13 for each annexing and annexed district, or for each resulting
14 and divided district, as constituted prior to the annexation
15 or division; and if the aggregate of the State aid as so
16 computed for the annexing or resulting districts as
17 constituted after the annexation or division is less than the
18 aggregate of the State aid as so computed for the annexing
19 and annexed districts, or for the resulting and divided
20 districts, as constituted prior to the annexation or
21 division, then a supplementary payment equal to the
22 difference shall be made and allocated between or among the
23 annexing or resulting districts, as constituted upon such
24 annexation or division, for the first 3 years of their
25 existence. The total difference payment shall be allocated
26 between or among the annexing or resulting districts in the
27 same ratio as the pupil enrollment from that portion of the
28 annexed or divided district or districts which is annexed to
29 or included in each such annexing or resulting district bears
30 to the total pupil enrollment from the entire annexed or
31 divided district or districts, as such pupil enrollment is
32 determined for the school year last ending prior to the date
33 when the change of boundaries attributable to the annexation
34 or division becomes effective for all purposes. The amount
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1 of the total difference payment and the amount thereof to be
2 allocated to the annexing or resulting districts shall be
3 computed by the State Board of Education on the basis of
4 pupil enrollment and other data which shall be certified to
5 the State Board of Education, on forms which it shall provide
6 for that purpose, by the regional superintendent of schools
7 for each educational service region in which the annexing and
8 annexed districts, or resulting and divided districts are
9 located.
10 (4) If a unit school district annexes all the territory
11 of another unit school district effective for all purposes
12 pursuant to Section 7-9 on July 1, 1988, and if part of the
13 annexed territory is detached within 90 days after July 1,
14 1988, then the detachment shall be disregarded in computing
15 the supplementary State aid payments under this paragraph (m)
16 for the entire 3 year period and the supplementary State aid
17 payments shall not be diminished because of the detachment.
18 (5) Any supplementary State aid payment made under this
19 paragraph (m) shall be treated as separate from all other
20 payments made pursuant to this Section.
21 (n) For the purposes of calculating State aid under this
22 Section, the real property equalized assessed valuation for a
23 school district used to compute State aid shall be determined
24 by subtracting from the real property value as equalized or
25 assessed by the Department of Revenue for the district an
26 amount computed by dividing the amount of any abatement of
27 taxes under Section 18-170 of the Property Tax Code by the
28 maximum operating tax rates specified in subsection 5(c) of
29 this Section and an amount computed by dividing the amount of
30 any abatement of taxes under subsection (a) of Section 18-165
31 of the Property Tax Code by the maximum operating tax rates
32 specified in subsection 5(c) of this Section.
33 (o) Notwithstanding any other provisions of this
34 Section, for the 1996-1997 school year the amount of the
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1 aggregate general State aid entitlement that is received
2 under this Section by each school district for that school
3 year shall be not less than the amount of the aggregate
4 general State aid entitlement that was received by the
5 district under this Section for the 1995-1996 school year.
6 If a school district is to receive an aggregate general State
7 aid entitlement under this Section for the 1996-1997 school
8 year that is less than the amount of the aggregate general
9 State aid entitlement that the district received under this
10 Section for the 1995-1996 school year, the school district
11 shall also receive, from a separate appropriation made for
12 purposes of this paragraph (o), a supplementary payment that
13 is equal to the amount by which the general State aid
14 entitlement received by the district under this Section for
15 the 1995-1996 school year exceeds the general State aid
16 entitlement that the district is to receive under this
17 Section for the 1996-1997 school year.
18 Notwithstanding any other provisions of this Section, for
19 the 1997-1998 school year the amount of the aggregate general
20 State aid entitlement that is received under this Section by
21 each school district for that school year shall be not less
22 than the amount of the aggregate general State aid
23 entitlement that was received by the district under this
24 Section for the 1996-1997 school year. If a school district
25 is to receive an aggregate general State aid entitlement
26 under this Section for the 1997-1998 school year that is less
27 than the amount of the aggregate general State aid
28 entitlement that the district received under this Section for
29 the 1996-1997 school year, the school district shall also
30 receive, from a separate appropriation made for purposes of
31 this paragraph (o), a supplementary payment that is equal to
32 the amount by which the general State aid entitlement
33 received by the district under this Section for the 1996-1997
34 school year exceeds the general State aid entitlement that
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1 the district is to receive under this Section for the
2 1997-1998 school year.
3 If the amount appropriated for supplementary payments to
4 school districts under this paragraph (o) is insufficient for
5 that purpose, the supplementary payments that districts are
6 to receive under this paragraph shall be prorated according
7 to the aggregate amount of the appropriation made for
8 purposes of this paragraph.
9 (p) For the 1997-1998 school year, a supplemental
10 general State aid grant shall be provided for school
11 districts as follows:
12 (i) The general State aid received by a school
13 district under this Section for the 1997-1998 school year
14 shall be added to the sum of (A) the result obtained by
15 multiplying the 1995 equalized valuation of all taxable
16 property in the district by the fixed calculation tax
17 rates of 3.0% for unit districts, 2.0% for elementary
18 districts and 1.0% for high school districts plus (B) the
19 aggregate corporate personal property replacement
20 revenues received by the district during the 1996-1997
21 school year;
22 (ii) The aggregate amount determined under item (i)
23 of this subsection 5(p) shall be divided by the average
24 of the best 3 months of pupil attendance in the district
25 for the 1996-1997 school year; and
26 (iii) If the result obtained by dividing the
27 aggregate amount determined under item (i) of this
28 subsection 5(p) by the average of the best 3 months of
29 pupil attendance in the district as provided in item (ii)
30 of this subsection 5(p) is less than $3,600, the
31 supplemental general State aid grant that the district
32 shall receive under this subsection 5(p) for the
33 1997-1998 school year shall be equal to the amount
34 determined by subtracting from $3,600 the result obtained
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1 by dividing the aggregate amount determined under item
2 (i) of this subsection by the average of the best 3
3 months of pupil attendance in the district as provided in
4 item (ii) of this subsection, and by multiplying that
5 difference by the average of the best 3 months of pupil
6 attendance in the district for the 1996-1997 school year.
7 If the moneys appropriated in a separate line item by the
8 General Assembly to the State Board of Education for
9 supplementary payments required to be made and distributed to
10 school districts for any school year under this subsection
11 5(p) are insufficient, the amount of the supplementary
12 payments required to be made and distributed to those school
13 districts under this subsection 5(p) for that school year
14 shall abate proportionately.
15 B. In calculating the amount to be paid to the governing
16 board of a public university that operates a laboratory
17 school under this Section or to any alternative school that
18 is operated by a regional superintendent, the State Board of
19 Education shall require by rule such reporting requirements
20 as it deems necessary.
21 As used in this Section, "laboratory school" means a
22 public school which is created and operated by a public
23 university and approved by the State Board of Education. The
24 governing board of a public university which receives funds
25 from the State Board under this subsection B may not increase
26 the number of students enrolled in its laboratory school from
27 a single district, if that district is already sending 50 or
28 more students, except under a mutual agreement between the
29 school board of a student's district of residence and the
30 university which operates the laboratory school. A
31 laboratory school may not have more than 1,000 students,
32 excluding students with disabilities in a special education
33 program.
34 As used in this Section, "alternative school" means a
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1 public school which is created and operated by a Regional
2 Superintendent of Schools and approved by the State Board of
3 Education. Such alternative schools may offer courses of
4 instruction for which credit is given in regular school
5 programs, courses to prepare students for the high school
6 equivalency testing program or vocational and occupational
7 training.
8 Each laboratory and alternative school shall file, on
9 forms provided by the State Superintendent of Education, an
10 annual State aid claim which states the average daily
11 attendance of the school's students by month. The best 3
12 months' average daily attendance shall be computed for each
13 school. The weighted average daily attendance shall be
14 computed and the weighted average daily attendance for the
15 school's most recent 3 year average shall be compared to the
16 most recent weighted average daily attendance, and the
17 greater of the 2 shall be used for the calculation under this
18 subsection B. The general State aid entitlement shall be
19 computed by multiplying the school's student count by the
20 foundation level as determined under this Section.
21 (Source: P.A. 88-9; 88-45; 88-89; 88-386; 88-511; 88-537;
22 88-555; 88-641; 88-670, eff. 12-2-94; 89-15, eff. 5-30-95;
23 89-235, eff. 8-4-95; 89-397, eff. 8-20-95; 89-610, eff.
24 8-6-96; 89-618, eff. 8-9-96; 89-626, eff. 8-9-96; 89-679,
25 eff. 8-16-96; revised 9-10-96.)
26 Section 30. The Liquor Control Act of 1934 is amended by
27 changing Section 3-12 and by adding Section 5-6 as follows:
28 (235 ILCS 5/3-12) (from Ch. 43, par. 108)
29 (Text of Section before amendment by P.A. 89-507)
30 Sec. 3-12. The State commission shall have the following
31 powers, functions and duties:
32 (1) To receive applications and to issue licenses to
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1 manufacturers, foreign importers, importing distributors,
2 distributors, non-resident dealers, on premise consumption
3 retailers, off premise sale retailers, special event retailer
4 licensees, special use permit licenses, auction liquor
5 licenses, brew pubs, caterer retailers, non-beverage users,
6 railroads, including owners and lessees of sleeping, dining
7 and cafe cars, airplanes and boats, in accordance with the
8 provisions of this Act, and to suspend or revoke such
9 licenses upon the State commission's determination, upon
10 notice after hearing, that a licensee has violated any
11 provision of this Act or any rule or regulation issued
12 pursuant thereto and in effect for 30 days prior to such
13 violation.
14 In lieu of suspending or revoking a license, the
15 commission may impose a fine, upon the State commission's
16 determination and notice after hearing, that a licensee has
17 violated any provision of this Act or any rule or regulation
18 issued pursuant thereto and in effect for 30 days prior to
19 such violation. The fine imposed under this paragraph may
20 not exceed $500 for each violation. Each day that the
21 activity, which gave rise to the original fine, continues is
22 a separate violation. The maximum fine that may be levied
23 against any licensee, for the period of the license, shall
24 not exceed $20,000.
25 (2) To adopt such rules and regulations consistent with
26 the provisions of this Act which shall be necessary to carry
27 on its functions and duties to the end that the health,
28 safety and welfare of the People of the State of Illinois
29 shall be protected and temperance in the consumption of
30 alcoholic liquors shall be fostered and promoted and to
31 distribute copies of such rules and regulations to all
32 licensees affected thereby.
33 (3) To call upon other administrative departments of the
34 State, county and municipal governments, county and city
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1 police departments and upon prosecuting officers for such
2 information and assistance as it deems necessary in the
3 performance of its duties.
4 (4) To recommend to local commissioners rules and
5 regulations, not inconsistent with the law, for the
6 distribution and sale of alcoholic liquors throughout the
7 State.
8 (5) To inspect, or cause to be inspected, any premises
9 where alcoholic liquors are manufactured, distributed or
10 sold.
11 (6) To hear and determine appeals from orders of a local
12 commission in accordance with the provisions of this Act, as
13 hereinafter set forth. Hearings under this subsection shall
14 be held in Springfield or Chicago, at whichever location is
15 the more convenient for the majority of persons who are
16 parties to the hearing.
17 (7) The commission shall establish uniform systems of
18 accounts to be kept by all retail licensees having more than
19 4 employees, and for this purpose the commission may classify
20 all retail licensees having more than 4 employees and
21 establish a uniform system of accounts for each class and
22 prescribe the manner in which such accounts shall be kept.
23 The commission may also prescribe the forms of accounts to be
24 kept by all retail licensees having more than 4 employees,
25 including but not limited to accounts of earnings and
26 expenses and any distribution, payment, or other distribution
27 of earnings or assets, and any other forms, records and
28 memoranda which in the judgment of the commission may be
29 necessary or appropriate to carry out any of the provisions
30 of this Act, including but not limited to such forms, records
31 and memoranda as will readily and accurately disclose at all
32 times the beneficial ownership of such retail licensed
33 business. The accounts, forms, records and memoranda shall
34 be available at all reasonable times for inspection by
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1 authorized representatives of the State commission or by any
2 local liquor control commissioner or his or her authorized
3 representative. The commission, may, from time to time,
4 alter, amend or repeal, in whole or in part, any uniform
5 system of accounts, or the form and manner of keeping
6 accounts.
7 (8) In the conduct of any hearing authorized to be held
8 by the commission, to examine, or cause to be examined, under
9 oath, any licensee, and to examine or cause to be examined
10 the books and records of such licensee; to hear testimony and
11 take proof material for its information in the discharge of
12 its duties hereunder; to administer or cause to be
13 administered oaths; and for any such purpose to issue
14 subpoena or subpoenas to require the attendance of witnesses
15 and the production of books, which shall be effective in any
16 part of this State.
17 Any Circuit Court may by order duly entered, require the
18 attendance of witnesses and the production of relevant books
19 subpoenaed by the State commission and the court may compel
20 obedience to its order by proceedings for contempt.
21 (9) To investigate the administration of laws in
22 relation to alcoholic liquors in this and other states and
23 any foreign countries, and to recommend from time to time to
24 the Governor and through him or her to the legislature of
25 this State, such amendments to this Act, if any, as it may
26 think desirable and as will serve to further the general
27 broad purposes contained in Section 1-2 hereof.
28 (10) To adopt such rules and regulations consistent with
29 the provisions of this Act which shall be necessary for the
30 control, sale or disposition of alcoholic liquor damaged as a
31 result of an accident, wreck, flood, fire or other similar
32 occurrence.
33 (11) To develop industry educational programs related to
34 responsible serving and selling, particularly in the areas of
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1 overserving consumers and illegal underage purchasing and
2 consumption of alcoholic beverages.
3 (12) To develop and maintain a repository of license and
4 regulatory information.
5 (13) On or before January 15, 1994, the Commission shall
6 issue a written report to the Governor and General Assembly
7 that is to be based on a comprehensive study of the impact on
8 and implications for the State of Illinois of Section 1926 of
9 the Federal ADAMHA Reorganization Act of 1992 (Public Law
10 102-321). This study shall address the extent to which
11 Illinois currently complies with the provisions of P.L.
12 102-321 and the rules promulgated pursuant thereto.
13 As part of its report, the Commission shall provide the
14 following essential information:
15 (i) the number of retail distributors of tobacco
16 products, by type and geographic area, in the State;
17 (ii) the number of reported citations and
18 successful convictions, categorized by type and location
19 of retail distributor, for violation of the Sale of
20 Tobacco to Minors Act and the Smokeless Tobacco
21 Limitation Act;
22 (iii) the extent and nature of organized
23 educational and governmental activities that are intended
24 to promote, encourage or otherwise secure compliance with
25 any Illinois laws that prohibit the sale or distribution
26 of tobacco products to minors; and
27 (iv) the level of access and availability of
28 tobacco products to individuals under the age of 18.
29 To obtain the data necessary to comply with the
30 provisions of P.L. 102-321 and the requirements of this
31 report, the Commission shall conduct random, unannounced
32 inspections of a geographically and scientifically
33 representative sample of the State's retail tobacco
34 distributors.
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1 The Commission shall consult with the Department of
2 Public Health, the Department of Alcoholism and Substance
3 Abuse, the Illinois State Police and any other executive
4 branch agency, and private organizations that may have
5 information relevant to this report.
6 The Commission may contract with the Food and Drug
7 Administration of the U.S. Department of Health and Human
8 Services to conduct unannounced investigations of Illinois
9 tobacco vendors to determine compliance with federal laws
10 relating to the illegal sale of cigarettes and smokeless
11 tobacco products to persons under the age of 18.
12 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94.)
13 (Text of Section after amendment by P.A. 89-507)
14 Sec. 3-12. The State commission shall have the following
15 powers, functions and duties:
16 (1) To receive applications and to issue licenses to
17 manufacturers, foreign importers, importing distributors,
18 distributors, non-resident dealers, on premise consumption
19 retailers, off premise sale retailers, special event retailer
20 licensees, special use permit licenses, auction liquor
21 licenses, brew pubs, caterer retailers, non-beverage users,
22 railroads, including owners and lessees of sleeping, dining
23 and cafe cars, airplanes and boats, in accordance with the
24 provisions of this Act, and to suspend or revoke such
25 licenses upon the State commission's determination, upon
26 notice after hearing, that a licensee has violated any
27 provision of this Act or any rule or regulation issued
28 pursuant thereto and in effect for 30 days prior to such
29 violation.
30 In lieu of suspending or revoking a license, the
31 commission may impose a fine, upon the State commission's
32 determination and notice after hearing, that a licensee has
33 violated any provision of this Act or any rule or regulation
34 issued pursuant thereto and in effect for 30 days prior to
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1 such violation. The fine imposed under this paragraph may
2 not exceed $500 for each violation. Each day that the
3 activity, which gave rise to the original fine, continues is
4 a separate violation. The maximum fine that may be levied
5 against any licensee, for the period of the license, shall
6 not exceed $20,000.
7 (2) To adopt such rules and regulations consistent with
8 the provisions of this Act which shall be necessary to carry
9 on its functions and duties to the end that the health,
10 safety and welfare of the People of the State of Illinois
11 shall be protected and temperance in the consumption of
12 alcoholic liquors shall be fostered and promoted and to
13 distribute copies of such rules and regulations to all
14 licensees affected thereby.
15 (3) To call upon other administrative departments of the
16 State, county and municipal governments, county and city
17 police departments and upon prosecuting officers for such
18 information and assistance as it deems necessary in the
19 performance of its duties.
20 (4) To recommend to local commissioners rules and
21 regulations, not inconsistent with the law, for the
22 distribution and sale of alcoholic liquors throughout the
23 State.
24 (5) To inspect, or cause to be inspected, any premises
25 where alcoholic liquors are manufactured, distributed or
26 sold.
27 (6) To hear and determine appeals from orders of a local
28 commission in accordance with the provisions of this Act, as
29 hereinafter set forth. Hearings under this subsection shall
30 be held in Springfield or Chicago, at whichever location is
31 the more convenient for the majority of persons who are
32 parties to the hearing.
33 (7) The commission shall establish uniform systems of
34 accounts to be kept by all retail licensees having more than
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1 4 employees, and for this purpose the commission may classify
2 all retail licensees having more than 4 employees and
3 establish a uniform system of accounts for each class and
4 prescribe the manner in which such accounts shall be kept.
5 The commission may also prescribe the forms of accounts to be
6 kept by all retail licensees having more than 4 employees,
7 including but not limited to accounts of earnings and
8 expenses and any distribution, payment, or other distribution
9 of earnings or assets, and any other forms, records and
10 memoranda which in the judgment of the commission may be
11 necessary or appropriate to carry out any of the provisions
12 of this Act, including but not limited to such forms, records
13 and memoranda as will readily and accurately disclose at all
14 times the beneficial ownership of such retail licensed
15 business. The accounts, forms, records and memoranda shall
16 be available at all reasonable times for inspection by
17 authorized representatives of the State commission or by any
18 local liquor control commissioner or his or her authorized
19 representative. The commission, may, from time to time,
20 alter, amend or repeal, in whole or in part, any uniform
21 system of accounts, or the form and manner of keeping
22 accounts.
23 (8) In the conduct of any hearing authorized to be held
24 by the commission, to examine, or cause to be examined, under
25 oath, any licensee, and to examine or cause to be examined
26 the books and records of such licensee; to hear testimony and
27 take proof material for its information in the discharge of
28 its duties hereunder; to administer or cause to be
29 administered oaths; and for any such purpose to issue
30 subpoena or subpoenas to require the attendance of witnesses
31 and the production of books, which shall be effective in any
32 part of this State.
33 Any Circuit Court may by order duly entered, require the
34 attendance of witnesses and the production of relevant books
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1 subpoenaed by the State commission and the court may compel
2 obedience to its order by proceedings for contempt.
3 (9) To investigate the administration of laws in
4 relation to alcoholic liquors in this and other states and
5 any foreign countries, and to recommend from time to time to
6 the Governor and through him or her to the legislature of
7 this State, such amendments to this Act, if any, as it may
8 think desirable and as will serve to further the general
9 broad purposes contained in Section 1-2 hereof.
10 (10) To adopt such rules and regulations consistent with
11 the provisions of this Act which shall be necessary for the
12 control, sale or disposition of alcoholic liquor damaged as a
13 result of an accident, wreck, flood, fire or other similar
14 occurrence.
15 (11) To develop industry educational programs related to
16 responsible serving and selling, particularly in the areas of
17 overserving consumers and illegal underage purchasing and
18 consumption of alcoholic beverages.
19 (12) To develop and maintain a repository of license and
20 regulatory information.
21 (13) On or before January 15, 1994, the Commission shall
22 issue a written report to the Governor and General Assembly
23 that is to be based on a comprehensive study of the impact on
24 and implications for the State of Illinois of Section 1926 of
25 the Federal ADAMHA Reorganization Act of 1992 (Public Law
26 102-321). This study shall address the extent to which
27 Illinois currently complies with the provisions of P.L.
28 102-321 and the rules promulgated pursuant thereto.
29 As part of its report, the Commission shall provide the
30 following essential information:
31 (i) the number of retail distributors of tobacco
32 products, by type and geographic area, in the State;
33 (ii) the number of reported citations and
34 successful convictions, categorized by type and location
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1 of retail distributor, for violation of the Sale of
2 Tobacco to Minors Act and the Smokeless Tobacco
3 Limitation Act;
4 (iii) the extent and nature of organized
5 educational and governmental activities that are intended
6 to promote, encourage or otherwise secure compliance with
7 any Illinois laws that prohibit the sale or distribution
8 of tobacco products to minors; and
9 (iv) the level of access and availability of
10 tobacco products to individuals under the age of 18.
11 To obtain the data necessary to comply with the
12 provisions of P.L. 102-321 and the requirements of this
13 report, the Commission shall conduct random, unannounced
14 inspections of a geographically and scientifically
15 representative sample of the State's retail tobacco
16 distributors.
17 The Commission shall consult with the Department of
18 Public Health, the Department of Human Services, the Illinois
19 State Police and any other executive branch agency, and
20 private organizations that may have information relevant to
21 this report.
22 The Commission may contract with the Food and Drug
23 Administration of the U.S. Department of Health and Human
24 Services to conduct unannounced investigations of Illinois
25 tobacco vendors to determine compliance with federal laws
26 relating to the illegal sale of cigarettes and smokeless
27 tobacco products to persons under the age of 18.
28 (Source: P.A. 88-91; 88-418; 88-670, eff. 12-2-94; 89-507,
29 eff. 7-1-97.)
30 (235 ILCS 5/5-6 new)
31 Sec. 5-6. FDA grant funds. Grant funds received from
32 the Food and Drug Administration of the U.S. Department of
33 Health and Human Services for conducting unannounced
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1 investigations of Illinois tobacco vendors shall be deposited
2 into the Dram Shop Fund.
3 Section 35. The Illinois Public Aid Code is amended by
4 changing Sections 5-5.4 and 14-8 and adding Sections 12-4.32
5 and 12-4.201 as follows:
6 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
7 Sec. 5-5.4. Standards of Payment - Department of Public
8 Aid. The Department of Public Aid shall develop standards of
9 payment of skilled nursing and intermediate care services in
10 facilities providing such services under this Article which:
11 (1) Provides for the determination of a facility's
12 payment for skilled nursing and intermediate care services on
13 a prospective basis. The amount of the payment rate for all
14 nursing facilities certified under the medical assistance
15 program shall be prospectively established annually on the
16 basis of historical, financial, and statistical data
17 reflecting actual costs from prior years, which shall be
18 applied to the current rate year and updated for inflation,
19 except that the capital cost element for newly constructed
20 facilities shall be based upon projected budgets. The
21 annually established payment rate shall take effect on July 1
22 in 1984 and subsequent years. Rate increases shall be
23 provided annually thereafter on July 1 in 1984 and on each
24 subsequent July 1 in the following years, except that no rate
25 increase and no update for inflation shall be provided on or
26 after July 1, 1994, July 1, 1995, or July 1, 1996. Rates
27 established effective each July 1 shall govern payment for
28 services rendered throughout that fiscal year, except that
29 rates established on July 1, 1996 shall be increased by 6.8%
30 for services provided on or after January 1, 1997. Such
31 rates will be based upon the rates calculated for the year
32 beginning July 1, 1990, and for subsequent years thereafter
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1 shall be based on the facility cost reports for the facility
2 fiscal year ending at any point in time during the previous
3 calendar year, updated to the midpoint of the rate year. The
4 cost report shall be on file with the Department no later
5 than April 1 of the current rate year. Should the cost
6 report not be on file by April 1, the Department shall base
7 the rate on the latest cost report filed by each skilled care
8 facility and intermediate care facility, updated to the
9 midpoint of the current rate year. In determining rates for
10 services rendered on and after July 1, 1985, fixed time shall
11 not be computed at less than zero. The Department shall not
12 make any alterations of regulations which would reduce any
13 component of the Medicaid rate to a level below what that
14 component would have been utilizing in the rate effective on
15 July 1, 1984.
16 (2) Shall take into account the actual costs incurred by
17 facilities in providing services for recipients of skilled
18 nursing and intermediate care services under the medical
19 assistance program.
20 (3) Shall take into account the medical and
21 psycho-social characteristics and needs of the patients.
22 (4) Shall take into account the actual costs incurred by
23 facilities in meeting, licensing and certification standards
24 imposed and prescribed by the State of Illinois, any of its
25 political subdivisions or municipalities and by the United
26 States Department of Health, Education and Welfare pursuant
27 to Title XIX of the Social Security Act.
28 The Department of Public Aid shall develop precise
29 standards for payments to reimburse nursing facilities for
30 any utilization of appropriate rehabilitative personnel for
31 the provision of rehabilitative services which is authorized
32 by federal regulations, including reimbursement for services
33 provided by qualified therapists or qualified assistants, and
34 which is in accordance with accepted professional practices.
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1 Reimbursement also may be made for utilization of other
2 supportive personnel under appropriate supervision.
3 (Source: P.A. 88-554, eff. 7-26-94; 89-21, eff. 7-1-95;
4 89-499, eff. 6-28-96.)
5 (305 ILCS 5/12-4.32 new)
6 Sec. 12-4.32. Payments to noncitizens. Subject to
7 specific appropriation for this purpose, the Department of
8 Human Services is authorized to provide payments to
9 individuals age 65 or over who were present in the United
10 States prior to August 22, 1996 and are terminated from the
11 federal Supplemental Security Income program due to their
12 noncitizen status. The payment levels for these persons
13 shall be determined by rule. These individuals shall be
14 required to pursue continued eligibility for the federal
15 Supplemental Security Income program based on disability, if
16 potentially available.
17 (305 ILCS 5/12-4.201 new)
18 Sec. 12-4.201. Data warehouse concerning medical and
19 related services. The Illinois Department of Public Aid may
20 purchase services and materials associated with the costs of
21 developing and implementing a data warehouse comprised of
22 management and decision making information in regard to the
23 liability associated with, and utilization of, medical and
24 related services, out of moneys available for that purpose.
25 (305 ILCS 5/14-8) (from Ch. 23, par. 14-8)
26 (Text of Section before amendment by P.A. 89-507)
27 Sec. 14-8. Disbursements to Hospitals.
28 (a) For inpatient hospital services rendered on and
29 after September 1, 1991, the Illinois Department shall
30 reimburse hospitals for inpatient services at an inpatient
31 payment rate calculated for each hospital based upon the
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1 Medicare Prospective Payment System as set forth in Sections
2 1886(b), (d), (g), and (h) of the federal Social Security
3 Act, and the regulations, policies, and procedures
4 promulgated thereunder, except as modified by this Section.
5 Payment rates for inpatient hospital services rendered on or
6 after September 1, 1991 and on or before September 30, 1992
7 shall be calculated using the Medicare Prospective Payment
8 rates in effect on September 1, 1991. Payment rates for
9 inpatient hospital services rendered on or after October 1,
10 1992 and on or before March 31, 1994 shall be calculated
11 using the Medicare Prospective Payment rates in effect on
12 September 1, 1992. Payment rates for inpatient hospital
13 services rendered on or after April 1, 1994 shall be
14 calculated using the Medicare Prospective Payment rates
15 (including the Medicare grouping methodology and weighting
16 factors as adjusted pursuant to paragraph (1) of this
17 subsection) in effect 90 days prior to the date of
18 admission. For services rendered on or after July 1, 1995,
19 the reimbursement methodology implemented under this
20 subsection shall not include those costs referred to in
21 Sections 1886(d)(5)(B) and 1886(h) of the Social Security
22 Act. The additional payment amounts required under Section
23 1886(d)(5)(F) of the Social Security Act, for hospitals
24 serving a disproportionate share of low-income or indigent
25 patients, are not required under this Section. For hospital
26 inpatient services rendered on or after July 1, 1995 and
27 before July 1, 1997, the Illinois Department shall reimburse
28 hospitals using the relative weighting factors and the base
29 payment rates calculated for each hospital that were in
30 effect on June 30, 1995, less the portion of such rates
31 attributed by the Illinois Department to the cost of medical
32 education.
33 (1) The weighting factors established under Section
34 1886(d)(4) of the Social Security Act shall not be used
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1 in the reimbursement system established under this
2 Section. Rather, the Illinois Department shall establish
3 by rule Medicaid weighting factors to be used in the
4 reimbursement system established under this Section.
5 (2) The Illinois Department shall define by rule
6 those hospitals or distinct parts of hospitals that shall
7 be exempt from the reimbursement system established under
8 this Section. In defining such hospitals, the Illinois
9 Department shall take into consideration those hospitals
10 exempt from the Medicare Prospective Payment System as of
11 September 1, 1991. For hospitals defined as exempt under
12 this subsection, the Illinois Department shall by rule
13 establish a reimbursement system for payment of inpatient
14 hospital services rendered on and after September 1,
15 1991. For all hospitals that are children's hospitals as
16 defined in Section 5-5.02 of this Code, the reimbursement
17 methodology shall, through June 30, 1992, net of all
18 applicable fees, at least equal each children's hospital
19 1990 ICARE payment rates, indexed to the current year by
20 application of the DRI hospital cost index from 1989 to
21 the year in which payments are made. Excepting county
22 providers as defined in Article XV of this Code,
23 hospitals licensed under the University of Illinois
24 Hospital Act, and facilities operated by the Illinois
25 Department of Mental Health and Developmental
26 Disabilities, for hospital inpatient services rendered on
27 or after July 1, 1995 and before July 1, 1997, the
28 Illinois Department shall reimburse children's hospitals,
29 as defined in 89 Illinois Administrative Code Section
30 149.50(c)(3), at the rates in effect on June 30, 1995,
31 and shall reimburse all other hospitals at the rates in
32 effect on June 30, 1995, less the portion of such rates
33 attributed by the Illinois Department to the cost of
34 medical education.
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1 (3) (Blank)
2 (4) Notwithstanding any other provision of this
3 Section, hospitals that on August 31, 1991, have a
4 contract with the Illinois Department under Section 3-4
5 of the Illinois Health Finance Reform Act may elect to
6 continue to be reimbursed at rates stated in such
7 contracts for general and specialty care.
8 (5) In addition to any payments made under this
9 subsection (a), the Illinois Department shall make the
10 adjustment payments required by Section 5-5.02 of this
11 Code; provided, that in the case of any hospital
12 reimbursed under a per case methodology, the Illinois
13 Department shall add an amount equal to the product of
14 the hospital's average length of stay, less one day,
15 multiplied by 20, for inpatient hospital services
16 rendered on or after September 1, 1991 and on or before
17 September 30, 1992.
18 (b) (Blank)
19 (b-5) Excepting county providers as defined in Article
20 XV of this Code, hospitals licensed under the University of
21 Illinois Hospital Act, and facilities operated by the
22 Illinois Department of Mental Health and Developmental
23 Disabilities, for outpatient services rendered on or after
24 July 1, 1995 and before July 1, 1997, the Illinois Department
25 shall reimburse children's hospitals, as defined in the
26 Illinois Administrative Code Section 149.50(c)(3), at the
27 rates in effect on June 30, 1995, less that portion of such
28 rates attributed by the Illinois Department to the outpatient
29 indigent volume adjustment and shall reimburse all other
30 hospitals at the rates in effect on June 30, 1995, less the
31 portions of such rates attributed by the Illinois Department
32 to the cost of medical education and attributed by the
33 Illinois Department to the outpatient indigent volume
34 adjustment.
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1 (c) In addition to any other payments under this Code,
2 the Illinois Department shall develop a hospital
3 disproportionate share reimbursement methodology that,
4 effective July 1, 1991, through September 30, 1992, shall
5 reimburse hospitals sufficiently to expend the fee monies
6 described in subsection (b) of Section 14-3 of this Code and
7 the federal matching funds received by the Illinois
8 Department as a result of expenditures made by the Illinois
9 Department as required by this subsection (c) and Section
10 14-2 that are attributable to fee monies deposited in the
11 Fund, less amounts applied to adjustment payments under
12 Section 5-5.02.
13 (d) Critical Care Access Payments.
14 (1) In addition to any other payments made under
15 this Code, the Illinois Department shall develop a
16 reimbursement methodology that shall reimburse Critical
17 Care Access Hospitals for the specialized services that
18 qualify them as Critical Care Access Hospitals. No
19 adjustment payments shall be made under this subsection
20 on or after July 1, 1995.
21 (2) "Critical Care Access Hospitals" includes, but
22 is not limited to, hospitals that meet at least one of
23 the following criteria:
24 (A) Hospitals located outside of a
25 metropolitan statistical area that are designated as
26 Level II Perinatal Centers and that provide a
27 disproportionate share of perinatal services to
28 recipients; or
29 (B) Hospitals that are designated as Level I
30 Trauma Centers (adult or pediatric) and certain
31 Level II Trauma Centers as determined by the
32 Illinois Department; or
33 (C) Hospitals located outside of a
34 metropolitan statistical area and that provide a
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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
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1 payments. On or before April 1, 1995, the Illinois
2 Department shall issue recommendations regarding (i)
3 reimbursement mechanisms or adjustment payments to reflect
4 these costs and services, including methods by which the
5 payments may be calculated and the method by which the
6 payments may be financed, and (ii) reimbursement mechanisms
7 or adjustment payments to reflect costs and services of
8 federally qualified health centers with respect to recipients
9 of medical assistance.
10 (g) If one or more hospitals file suit in any court
11 challenging any part of this Article XIV, payments to
12 hospitals under this Article XIV shall be made only to the
13 extent that sufficient monies are available in the Fund and
14 only to the extent that any monies in the Fund are not
15 prohibited from disbursement under any order of the court.
16 (h) Payments under the disbursement methodology
17 described in this Section are subject to approval by the
18 federal government in an appropriate State plan amendment.
19 (i) The Illinois Department may by rule establish
20 criteria for and develop methodologies for adjustment
21 payments to hospitals participating under this Article.
22 (Source: P.A. 88-88; 88-554, eff. 7-26-94; 89-21, eff.
23 7-1-95; 89-499, eff. 6-28-96; revised 8-26-96.)
24 (Text of Section after amendment by P.A. 89-507)
25 Sec. 14-8. Disbursements to Hospitals.
26 (a) For inpatient hospital services rendered on and
27 after September 1, 1991, the Illinois Department shall
28 reimburse hospitals for inpatient services at an inpatient
29 payment rate calculated for each hospital based upon the
30 Medicare Prospective Payment System as set forth in Sections
31 1886(b), (d), (g), and (h) of the federal Social Security
32 Act, and the regulations, policies, and procedures
33 promulgated thereunder, except as modified by this Section.
34 Payment rates for inpatient hospital services rendered on or
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1 after September 1, 1991 and on or before September 30, 1992
2 shall be calculated using the Medicare Prospective Payment
3 rates in effect on September 1, 1991. Payment rates for
4 inpatient hospital services rendered on or after October 1,
5 1992 and on or before March 31, 1994 shall be calculated
6 using the Medicare Prospective Payment rates in effect on
7 September 1, 1992. Payment rates for inpatient hospital
8 services rendered on or after April 1, 1994 shall be
9 calculated using the Medicare Prospective Payment rates
10 (including the Medicare grouping methodology and weighting
11 factors as adjusted pursuant to paragraph (1) of this
12 subsection) in effect 90 days prior to the date of
13 admission. For services rendered on or after July 1, 1995,
14 the reimbursement methodology implemented under this
15 subsection shall not include those costs referred to in
16 Sections 1886(d)(5)(B) and 1886(h) of the Social Security
17 Act. The additional payment amounts required under Section
18 1886(d)(5)(F) of the Social Security Act, for hospitals
19 serving a disproportionate share of low-income or indigent
20 patients, are not required under this Section. For hospital
21 inpatient services rendered on or after July 1, 1995 and
22 before July 1, 1997, the Illinois Department shall reimburse
23 hospitals using the relative weighting factors and the base
24 payment rates calculated for each hospital that were in
25 effect on June 30, 1995, less the portion of such rates
26 attributed by the Illinois Department to the cost of medical
27 education.
28 (1) The weighting factors established under Section
29 1886(d)(4) of the Social Security Act shall not be used
30 in the reimbursement system established under this
31 Section. Rather, the Illinois Department shall establish
32 by rule Medicaid weighting factors to be used in the
33 reimbursement system established under this Section.
34 (2) The Illinois Department shall define by rule
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1 those hospitals or distinct parts of hospitals that shall
2 be exempt from the reimbursement system established under
3 this Section. In defining such hospitals, the Illinois
4 Department shall take into consideration those hospitals
5 exempt from the Medicare Prospective Payment System as of
6 September 1, 1991. For hospitals defined as exempt under
7 this subsection, the Illinois Department shall by rule
8 establish a reimbursement system for payment of inpatient
9 hospital services rendered on and after September 1,
10 1991. For all hospitals that are children's hospitals as
11 defined in Section 5-5.02 of this Code, the reimbursement
12 methodology shall, through June 30, 1992, net of all
13 applicable fees, at least equal each children's hospital
14 1990 ICARE payment rates, indexed to the current year by
15 application of the DRI hospital cost index from 1989 to
16 the year in which payments are made. Excepting county
17 providers as defined in Article XV of this Code,
18 hospitals licensed under the University of Illinois
19 Hospital Act, and facilities operated by the Department
20 of Mental Health and Developmental Disabilities (or its
21 successor, the Department of Human Services) for hospital
22 inpatient services rendered on or after July 1, 1995 and
23 before July 1, 1997, the Illinois Department shall
24 reimburse children's hospitals, as defined in 89 Illinois
25 Administrative Code Section 149.50(c)(3), at the rates in
26 effect on June 30, 1995, and shall reimburse all other
27 hospitals at the rates in effect on June 30, 1995, less
28 the portion of such rates attributed by the Illinois
29 Department to the cost of medical education.
30 (3) (Blank)
31 (4) Notwithstanding any other provision of this
32 Section, hospitals that on August 31, 1991, have a
33 contract with the Illinois Department under Section 3-4
34 of the Illinois Health Finance Reform Act may elect to
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1 continue to be reimbursed at rates stated in such
2 contracts for general and specialty care.
3 (5) In addition to any payments made under this
4 subsection (a), the Illinois Department shall make the
5 adjustment payments required by Section 5-5.02 of this
6 Code; provided, that in the case of any hospital
7 reimbursed under a per case methodology, the Illinois
8 Department shall add an amount equal to the product of
9 the hospital's average length of stay, less one day,
10 multiplied by 20, for inpatient hospital services
11 rendered on or after September 1, 1991 and on or before
12 September 30, 1992.
13 (b) (Blank)
14 (b-5) Excepting county providers as defined in Article
15 XV of this Code, hospitals licensed under the University of
16 Illinois Hospital Act, and facilities operated by the
17 Illinois Department of Mental Health and Developmental
18 Disabilities (or its successor, the Department of Human
19 Services) for outpatient services rendered on or after July
20 1, 1995 and before July 1, 1997, the Illinois Department
21 shall reimburse children's hospitals, as defined in the
22 Illinois Administrative Code Section 149.50(c)(3), at the
23 rates in effect on June 30, 1995, less that portion of such
24 rates attributed by the Illinois Department to the outpatient
25 indigent volume adjustment and shall reimburse all other
26 hospitals at the rates in effect on June 30, 1995, less the
27 portions of such rates attributed by the Illinois Department
28 to the cost of medical education and attributed by the
29 Illinois Department to the outpatient indigent volume
30 adjustment.
31 (c) In addition to any other payments under this Code,
32 the Illinois Department shall develop a hospital
33 disproportionate share reimbursement methodology that,
34 effective July 1, 1991, through September 30, 1992, shall
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1 reimburse hospitals sufficiently to expend the fee monies
2 described in subsection (b) of Section 14-3 of this Code and
3 the federal matching funds received by the Illinois
4 Department as a result of expenditures made by the Illinois
5 Department as required by this subsection (c) and Section
6 14-2 that are attributable to fee monies deposited in the
7 Fund, less amounts applied to adjustment payments under
8 Section 5-5.02.
9 (d) Critical Care Access Payments.
10 (1) In addition to any other payments made under
11 this Code, the Illinois Department shall develop a
12 reimbursement methodology that shall reimburse Critical
13 Care Access Hospitals for the specialized services that
14 qualify them as Critical Care Access Hospitals. No
15 adjustment payments shall be made under this subsection
16 on or after July 1, 1995.
17 (2) "Critical Care Access Hospitals" includes, but
18 is not limited to, hospitals that meet at least one of
19 the following criteria:
20 (A) Hospitals located outside of a
21 metropolitan statistical area that are designated as
22 Level II Perinatal Centers and that provide a
23 disproportionate share of perinatal services to
24 recipients; or
25 (B) Hospitals that are designated as Level I
26 Trauma Centers (adult or pediatric) and certain
27 Level II Trauma Centers as determined by the
28 Illinois Department; or
29 (C) Hospitals located outside of a
30 metropolitan statistical area and that provide a
31 disproportionate share of obstetrical services to
32 recipients.
33 (e) Inpatient high volume adjustment. For hospital
34 inpatient services, effective with rate periods beginning on
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1 or after October 1, 1993, in addition to rates paid for
2 inpatient services by the Illinois Department, the Illinois
3 Department shall make adjustment payments for inpatient
4 services furnished by Medicaid high volume hospitals. The
5 Illinois Department shall establish by rule criteria for
6 qualifying as a Medicaid high volume hospital and shall
7 establish by rule a reimbursement methodology for calculating
8 these adjustment payments to Medicaid high volume hospitals.
9 No adjustment payment shall be made under this subsection for
10 services rendered on or after July 1, 1995.
11 (f) The Illinois Department shall modify its current
12 rules governing adjustment payments for targeted access,
13 critical care access, and uncompensated care to classify
14 those adjustment payments as not being payments to
15 disproportionate share hospitals under Title XIX of the
16 federal Social Security Act. Rules adopted under this
17 subsection shall not be effective with respect to services
18 rendered on or after July 1, 1995. The Illinois Department
19 has no obligation to adopt or implement any rules or make any
20 payments under this subsection for services rendered on or
21 after July 1, 1995.
22 (f-5) The State recognizes that adjustment payments to
23 hospitals providing certain services or incurring certain
24 costs may be necessary to assure that recipients of medical
25 assistance have adequate access to necessary medical
26 services. These adjustments include payments for teaching
27 costs and uncompensated care, trauma center payments,
28 rehabilitation hospital payments, perinatal center payments,
29 obstetrical care payments, targeted access payments, Medicaid
30 high volume payments, and outpatient indigent volume
31 payments. On or before April 1, 1995, the Illinois
32 Department shall issue recommendations regarding (i)
33 reimbursement mechanisms or adjustment payments to reflect
34 these costs and services, including methods by which the
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1 payments may be calculated and the method by which the
2 payments may be financed, and (ii) reimbursement mechanisms
3 or adjustment payments to reflect costs and services of
4 federally qualified health centers with respect to recipients
5 of medical assistance.
6 (g) If one or more hospitals file suit in any court
7 challenging any part of this Article XIV, payments to
8 hospitals under this Article XIV shall be made only to the
9 extent that sufficient monies are available in the Fund and
10 only to the extent that any monies in the Fund are not
11 prohibited from disbursement under any order of the court.
12 (h) Payments under the disbursement methodology
13 described in this Section are subject to approval by the
14 federal government in an appropriate State plan amendment.
15 (i) The Illinois Department may by rule establish
16 criteria for and develop methodologies for adjustment
17 payments to hospitals participating under this Article.
18 (Source: P.A. 88-88; 88-554, eff. 7-26-94; 89-21, eff.
19 7-1-95; 89-499, eff. 6-28-96; 89-507, eff. 7-1-97; revised
20 8-26-96.)
21 Section 40. The Unified Code of Corrections is amended
22 by changing Section 3-4-1 as follows:
23 (730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
24 Sec. 3-4-1. Gifts and Grants; Special Trusts Funds;
25 Department of Corrections Reimbursement Fund.
26 (a) The Department may accept, receive and use, for and
27 in behalf of the State, any moneys, goods or services given
28 for general purposes of this Code Chapter by the federal
29 government or from any other source, public or private,
30 including collections from inmates, reimbursement of payments
31 under the Workers' Compensation Act, and commissions from
32 inmate collect call telephone systems under an agreement with
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1 the Department of Central Management Services. For these
2 purposes the Department and may comply with such conditions
3 and enter into such agreements upon such covenants, terms,
4 and conditions as the Department may deem necessary or
5 desirable, if the agreement is not in conflict with State
6 law.
7 (b) The Department of Corrections Reimbursement Fund is
8 hereby created as a special fund in the State treasury. The
9 moneys deposited into the Department of Corrections
10 Reimbursement Fund shall be appropriated to the Department of
11 Corrections for the expenses of the Department.
12 The following shall be deposited into the Department of
13 Corrections Reimbursement Fund:
14 (i) Moneys received or recovered by the Department
15 of Corrections as reimbursement for expenses incurred for
16 the incarceration of convicted persons.
17 (ii) Moneys received or recovered by the Department
18 as reimbursement of payments made under the Workers'
19 Compensation Act.
20 (iii) Moneys received by the Department as
21 commissions from inmate collect call telephone systems.
22 (iv) Moneys received or recovered by the Department
23 as reimbursement for expenses incurred by the employment
24 of persons referred to the Department as participants in
25 the federal Job Training Partnership Act programs.
26 (v) Federal moneys, including reimbursement and
27 advances for services rendered or to be rendered and moneys
28 for other than educational purposes, under grant or
29 contract., shall be deposited with the State Treasurer and
30 held and disbursed by him under Section 1 of "An Act in
31 relation to the receipt, custody and disbursement of money
32 allotted by the United States of America or any agency
33 thereof for use in this State", approved July 3, 1939, as now
34 or hereafter amended.
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1 (c) Other moneys received by the Department, including
2 reimbursement for services rendered under grant or contract,
3 may be deposited in special trust funds established by the
4 Department with the State Treasurer, to be held by him
5 outside the State Treasury as ex officio custodian in banks
6 or savings and loan associations which have been approved by
7 him as State depositories under "AN ACT in relation to State
8 moneys", and with respect to such moneys, he shall be
9 entitled to the same rights and privileges as are provided by
10 such Act with respect to moneys in the Treasury of the State
11 of Illinois.
12 (Source: P.A. 83-541.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 Section 99. Effective date. This Act takes effect July
21 1, 1997.