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1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		ARTICLE 1. SHORT TITLE; PURPOSE
5		Section 1-1. Short title. This Act may be cited as the
6		FY2017 Stopgap Budget Implementation Act.
7		Section 1-5. Purpose. It is the purpose of this Act to make
8		changes in State programs that are necessary to implement the
9		Governor's Fiscal Year 2017 stopgap budget recommendations.
10		ARTICLE 5. AMENDATORY PROVISIONS
11		Section 5-5. The Illinois Lottery Law is amended by
12		changing Section 7.12 as follows:
13		(20 ILCS 1605/7.12)
14		Sec. 7.12. Internet pilot program.
15		(a) The General Assembly finds that:
16		(1) the consumer market in Illinois has changed since
17		the creation of the Illinois State Lottery in 1974;
18		(2) the Internet has become an integral part of
19		everyday life for a significant number of Illinois

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1		residents not only in regards to their professional life,
2		but also in regards to personal business and communication;
3		and
4		(3) the current practices of selling lottery tickets
5		does not appeal to the new form of market participants who
6		prefer to make purchases on the Internet at their own
7		convenience.
8		It is the intent of the General Assembly to create an
9		Internet pilot program for the sale of lottery tickets to
10		capture this new form of market participant.
11		(b) The Department shall create a pilot program that allows
12		an individual 18 years of age or older to purchase lottery
13		tickets or shares on the Internet without using a Lottery
14		retailer with on-line status, as those terms are defined by
15		rule. The Department shall restrict the sale of lottery tickets
16		on the Internet to transactions initiated and received or
17		otherwise made exclusively within the State of Illinois. The
18		Department shall adopt rules necessary for the administration
19		of this program. These rules shall include, among other things,
20		requirements for marketing of the Lottery to infrequent
21		players, as well as limitations on the purchases that may be
22		made through any one individual's lottery account. The
23		provisions of this Act and the rules adopted under this Act
24		shall apply to the sale of lottery tickets or shares under this
25		program.
26		Before beginning the pilot program, the Department of the

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1		Lottery must submit a request to the United States Department
2		of Justice for review of the State's plan to implement a pilot
3		program for the sale of lottery tickets on the Internet and its
4		propriety under federal law. The Department shall implement the
5		Internet pilot program only if the Department of Justice does
6		not object to the implementation of the program within a
7		reasonable period of time after its review.
8		The Department is obligated to implement the pilot program
9		set forth in this Section and Sections 7.15 and 7.16 only at
10		such time, and to such extent, that the Department of Justice
11		does not object to the implementation of the program within a
12		reasonable period of time after its review. While the Illinois
13		Lottery may only offer Lotto, Mega Millions, and Powerball
14		games through the pilot program, the Department shall request
15		review from the federal Department of Justice for the Illinois
16		Lottery to sell lottery tickets on the Internet on behalf of
17		the State of Illinois that are not limited to just these games.
18		The Department shall authorize the private manager to
19		implement and administer the program pursuant to the management
20		agreement entered into under Section 9.1 and in a manner
21		consistent with the provisions of this Section. If a private
22		manager has not been selected pursuant to Section 9.1 at the
23		time the Department is obligated to implement the pilot
24		program, then the Department shall not proceed with the pilot
25		program until after the selection of the private manager, at
26		which time the Department shall authorize the private manager

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1		to implement and administer the program pursuant to the
2		management agreement entered into under Section 9.1 and in a
3		manner consistent with the provisions of this Section.
4		The pilot program shall last for not less than 36 months,
5		but not more than 48 months from the date of its initial
6		operation.
7		Nothing in this Section shall be construed as prohibiting
8		the Department from implementing and operating a website portal
9		whereby individuals who are 18 years of age or older with an
10		Illinois mailing address may apply to purchase lottery tickets
11		via subscription. Nothing in this Section shall also be
12		construed as prohibiting the sale of Lotto, Mega Millions, and
13		Powerball games by a lottery licensee pursuant to the
14		Department's rules.
15		(c) (Blank). There is created the Internet Lottery Study
16		Committee as an advisory body within the Department. The
17		Department shall conduct a study to determine the impact of the
18		Internet pilot program on lottery licensees. The Department
19		shall also determine the feasibility of the sale of stored
20		value cards by lottery licensees as a non-exclusive option for
21		use by individuals 18 years of age or older who purchase
22		tickets for authorized lottery games in the Internet pilot
23		program. For the purposes of this study, it is anticipated that
24		the stored value cards will have, but need not be limited to,
25		the following characteristics: (1) the cards will be available
26		only to individuals 18 years of age and older; (2) the cards

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1		will be rechargeable, closed-loop cards that can only be loaded
2		with cash; (3) the cards will have unique identifying numbers
3		to be used for on-line play; (4) the cards will have on-line
4		play subtracted from the card's value; (5) the cards may have
5		on-line winnings added to them; (6) the cards will be used at
6		Lottery retailers to cash out winnings of up to $600; and (7)
7		the cards will meet all technological, programming, and
8		security requirements mandated by the Department and the
9		governing bodies of both Mega Millions and Powerball.
10		To the fullest extent possible, but subject to available
11		resources, the Department shall ensure that the study evaluates
12		and analyzes at least the following issues:
13		(1) economic benefits to the State from Internet
14		Lottery sales from stored value cards and from resulting
15		sales taxes;
16		(2) economic benefits to local governments from sales
17		taxes generated from Internet Lottery sales through stored
18		value cards;
19		(3) economic benefits to Lottery retailers from
20		Internet Lottery sales and from ancillary retail product
21		sales in connection with the same;
22		(4) enhanced player age verification from face-to-face
23		interaction;
24		(5) enhanced control of gambling addiction from
25		face-to-face interaction;
26		(6) elimination of credit card overspending through

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1		the use of stored value cards and resulting reduced debt
2		issues;
3		(7) the feasibility of the utilization of existing
4		Lottery machines to dispense stored value cards;
5		(8) the technological, programming, and security
6		requirements to make stored value cards an appropriate
7		sales alternative; and
8		(9) the cost and project time estimates for
9		implementation, including adaptation of existing Lottery
10		machines, programming, and technology enhancements and
11		impact to operations.
12		The Study Committee shall consist of the Director or his or
13		her designee; the chief executive officer of the Lottery's
14		private manager or his or her designee; a representative
15		appointed by the Governor's Office; 2 representatives of the
16		lottery licensee community appointed by the Director; one
17		representative of a statewide association representing food
18		retailers appointed by the Director; and one representative of
19		a statewide association representing retail merchants
20		appointed by the Director.
21		Members of the Study Committee shall be appointed within 30
22		days after the effective date of this amendatory Act of the
23		97th General Assembly. No later than 6 months after the
24		effective date of this amendatory Act of the 97th General
25		Assembly, the Department shall provide to the members of the
26		Study Committee the proposed findings and recommendations of

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1		the study in order to solicit input from the Study Committee.
2		Within 30 calendar days thereafter, the Study Committee shall
3		convene a meeting of the members to discuss the proposed
4		findings and recommendations of the study. No later than 15
5		calendar days after meeting, the Study Committee shall submit
6		to the Department any written changes, additions, or
7		corrections the Study Committee wishes the Department to make
8		to the study. The Department shall consider the propriety of
9		and respond to each change, addition, or correction offered by
10		the Study Committee in the study. The Department shall also set
11		forth any such change, addition, or correction offered by
12		members of the Study Committee and the Department's responses
13		thereto in the appendix to the study. No later than 15 calendar
14		days after receiving the changes, additions, or corrections
15		offered by the Study Committee, the Department shall deliver
16		copies of the final study and appendices, if any, to the
17		Governor, President of the Senate, Minority Leader of the
18		Senate, Speaker of the House of Representatives, Minority
19		Leader of the House of Representatives, and each of the members
20		of the Study Committee.
21		(d) This Section is repealed on July 1, 2017.
22		(Source: P.A. 97-464, eff. 10-15-11; 97-1121, eff. 8-27-12;
23		98-499, eff. 8-16-13.)
24		Section 5-7. The General Assembly Compensation Act is
25		amended by changing Section 1 as follows:

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1		(25 ILCS 115/1) (from Ch. 63, par. 14)
2		Sec. 1. Each member of the General Assembly shall receive
3		an annual salary of $28,000 or as set by the Compensation
4		Review Board, whichever is greater. The following named
5		officers, committee chairmen and committee minority spokesmen
6		shall receive additional amounts per year for their services as
7		such officers, committee chairmen and committee minority
8		spokesmen respectively, as set by the Compensation Review Board
9		or, as follows, whichever is greater: Beginning the second
10		Wednesday in January 1989, the Speaker and the minority leader
11		of the House of Representatives and the President and the
12		minority leader of the Senate, $16,000 each; the majority
13		leader in the House of Representatives $13,500; 6 assistant
14		majority leaders and 5 assistant minority leaders in the
15		Senate, $12,000 each; 6 assistant majority leaders and 6
16		assistant minority leaders in the House of Representatives,
17		$10,500 each; 2 Deputy Majority leaders in the House of
18		Representatives $11,500 each; and 2 Deputy Minority leaders in
19		the House of Representatives, $11,500 each; the majority caucus
20		chairman and minority caucus chairman in the Senate, $12,000
21		each; and beginning the second Wednesday in January, 1989, the
22		majority conference chairman and the minority conference
23		chairman in the House of Representatives, $10,500 each;
24		beginning the second Wednesday in January, 1989, the chairman
25		and minority spokesman of each standing committee of the

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1		Senate, except the Rules Committee, the Committee on
2		Committees, and the Committee on Assignment of Bills, $6,000
3		each; and beginning the second Wednesday in January, 1989, the
4		chairman and minority spokesman of each standing and select
5		committee of the House of Representatives, $6,000 each. A
6		member who serves in more than one position as an officer,
7		committee chairman, or committee minority spokesman shall
8		receive only one additional amount based on the position paying
9		the highest additional amount. The compensation provided for in
10		this Section to be paid per year to members of the General
11		Assembly, including the additional sums payable per year to
12		officers of the General Assembly shall be paid in 12 equal
13		monthly installments. The first such installment is payable on
14		January 31, 1977. All subsequent equal monthly installments are
15		payable on the last working day of the month. A member who has
16		held office any part of a month is entitled to compensation for
17		an entire month.
18		Mileage shall be paid at the rate of 20 cents per mile
19		before January 9, 1985, and at the mileage allowance rate in
20		effect under regulations promulgated pursuant to 5 U.S.C.
21		5707(b)(2) beginning January 9, 1985, for the number of actual
22		highway miles necessarily and conveniently traveled by the most
23		feasible route to be present upon convening of the sessions of
24		the General Assembly by such member in each and every trip
25		during each session in going to and returning from the seat of
26		government, to be computed by the Comptroller. A member

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1		traveling by public transportation for such purposes, however,
2		shall be paid his actual cost of that transportation instead of
3		on the mileage rate if his cost of public transportation
4		exceeds the amount to which he would be entitled on a mileage
5		basis. No member may be paid, whether on a mileage basis or for
6		actual costs of public transportation, for more than one such
7		trip for each week the General Assembly is actually in session.
8		Each member shall also receive an allowance of $36 per day for
9		lodging and meals while in attendance at sessions of the
10		General Assembly before January 9, 1985; beginning January 9,
11		1985, such food and lodging allowance shall be equal to the
12		amount per day permitted to be deducted for such expenses under
13		the Internal Revenue Code; however, beginning May 31, 1995, no
14		allowance for food and lodging while in attendance at sessions
15		is authorized for periods of time after the last day in May of
16		each calendar year, except (i) if the General Assembly is
17		convened in special session by either the Governor or the
18		presiding officers of both houses, as provided by subsection
19		(b) of Section 5 of Article IV of the Illinois Constitution or
20		(ii) if the General Assembly is convened to consider bills
21		vetoed, item vetoed, reduced, or returned with specific
22		recommendations for change by the Governor as provided in
23		Section 9 of Article IV of the Illinois Constitution. For
24		fiscal year 2011 and for session days in fiscal years 2012,
25		2013, 2014, 2015, and 2016, and 2017 only (i) the allowance for
26		lodging and meals is $111 per day and (ii) mileage for

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1		automobile travel shall be reimbursed at a rate of $0.39 per
2		mile.
3		Notwithstanding any other provision of law to the contrary,
4		beginning in fiscal year 2012, travel reimbursement for General
5		Assembly members on non-session days shall be calculated using
6		the guidelines set forth by the Legislative Travel Control
7		Board, except that fiscal year 2012, 2013, 2014, 2015, and
8		2016, and 2017 mileage reimbursement is set at a rate of $0.39
9		per mile.
10		If a member dies having received only a portion of the
11		amount payable as compensation, the unpaid balance shall be
12		paid to the surviving spouse of such member, or, if there be
13		none, to the estate of such member.
14		(Source: P.A. 98-30, eff. 6-24-13; 98-682, eff. 6-30-14;
15		99-355, eff. 8-13-15.)
16		Section 5-8. The Compensation Review Act is amended by
17		adding Section 6.4 as follows:
18		(25 ILCS 120/6.4 new)
19		Sec. 6.4. FY17 COLAs prohibited. Notwithstanding any
20		former or current provision of this Act, any other law, any
21		report of the Compensation Review Board, or any resolution of
22		the General Assembly to the contrary, members of the General
23		Assembly, State's attorneys, other than the county supplement,
24		elected executive branch constitutional officers of State

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1		government, and persons in certain appointed offices of State
2		government, including the membership of State departments,
3		agencies, boards, and commissions, whose annual compensation
4		previously was recommended or determined by the Compensation
5		Review Board, are prohibited from receiving and shall not
6		receive any increase in compensation that would otherwise apply
7		based on a cost of living adjustment, as authorized by Senate
8		Joint Resolution 192 of the 86th General Assembly, for or
9		during the fiscal year beginning July 1, 2016.
10		Section 5-10. The State Finance Act is amended by changing
11		Sections 5k, 6z-27, 6z-51, and 8.3 as follows:
12		(30 ILCS 105/5k)
13		Sec. 5k. Cash flow borrowing and general funds liquidity;
14		FY15.
15		(a) In order to meet cash flow deficits and to maintain
16		liquidity in the General Revenue Fund and the Health Insurance
17		Reserve Fund, on and after July 1, 2014 and through June 30,
18		2015, the State Treasurer and the State Comptroller shall make
19		transfers to the General Revenue Fund and the Health Insurance
20		Reserve Fund, as directed by the Governor, out of special funds
21		of the State, to the extent allowed by federal law. No such
22		transfer may reduce the cumulative balance of all of the
23		special funds of the State to an amount less than the total
24		debt service payable during the 12 months immediately following

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1		the date of the transfer on any bonded indebtedness of the
2		State and any certificates issued under the Short Term
3		Borrowing Act. At no time shall the outstanding total transfers
4		made from the special funds of the State to the General Revenue
5		Fund and the Health Insurance Reserve Fund under this Section
6		exceed $650,000,000; once the amount of $650,000,000 has been
7		transferred from the special funds of the State to the General
8		Revenue Fund and the Health Insurance Reserve Fund, additional
9		transfers may be made from the special funds of the State to
10		the General Revenue Fund and the Health Insurance Reserve Fund
11		under this Section only to the extent that moneys have first
12		been re-transferred from the General Revenue Fund and the
13		Health Insurance Reserve Fund to those special funds of the
14		State. Notwithstanding any other provision of this Section, no
15		such transfer may be made from any special fund that is
16		exclusively collected by or appropriated to any other
17		constitutional officer without the written approval of that
18		constitutional officer.
19		(b) If moneys have been transferred to the General Revenue
20		Fund and the Health Insurance Reserve Fund pursuant to
21		subsection (a) of this Section, this amendatory Act of the 98th
22		General Assembly shall constitute the continuing authority for
23		and direction to the State Treasurer and State Comptroller to
24		reimburse the funds of origin from the General Revenue Fund by
25		transferring to the funds of origin, at such times and in such
26		amounts as directed by the Governor when necessary to support

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1		appropriated expenditures from the funds, an amount equal to
2		that transferred from them plus any interest that would have
3		accrued thereon had the transfer not occurred, except that any
4		moneys transferred pursuant to subsection (a) of this Section
5		shall be repaid to the fund of origin within 18 months after
6		the date on which they were borrowed. When any of the funds
7		from which moneys have been transferred pursuant to subsection
8		(a) have insufficient cash from which the State Comptroller may
9		make expenditures properly supported by appropriations from
10		the fund, then the State Treasurer and State Comptroller shall
11		transfer from the General Revenue Fund to the fund only such
12		amount as is immediately necessary to satisfy outstanding
13		expenditure obligations on a timely basis.
14		(c) On the first day of each quarterly period in each
15		fiscal year, until such time as a report indicates that all
16		moneys borrowed and interest pursuant to this Section have been
17		repaid, the Governor's Office of Management and Budget shall
18		provide to the President and the Minority Leader of the Senate,
19		the Speaker and the Minority Leader of the House of
20		Representatives, and the Commission on Government Forecasting
21		and Accountability a report on all transfers made pursuant to
22		this Section in the prior quarterly period. The report must be
23		provided in electronic format. The report must include all of
24		the following:
25		(1) The date each transfer was made.
26		(2) The amount of each transfer.

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1		(3) In the case of a transfer from the General Revenue
2		Fund to a fund of origin pursuant to subsection (b) of this
3		Section, the amount of interest being paid to the fund of
4		origin.
5		(4) The end of day balance of the fund of origin, the
6		General Revenue Fund and the Health Insurance Reserve Fund
7		on the date the transfer was made.
8		(Source: P.A. 98-682, eff. 6-30-14.)
9		(30 ILCS 105/6z-27)
10		Sec. 6z-27. All moneys in the Audit Expense Fund shall be
11		transferred, appropriated and used only for the purposes
12		authorized by, and subject to the limitations and conditions
13		prescribed by, the State Auditing Act.
14		Within 30 days after the effective date of this amendatory
15		Act of the 99th General Assembly, the State Comptroller shall
16		order transferred and the State Treasurer shall transfer from
17		the following funds moneys in the specified amounts for deposit
18		into the Audit Expense Fund:
19		Agricultural Premium Fund..............................19,395
20		Anna Veterans Home Fund................................12,842
21		Appraisal Administration Fund...........................3,740
22		Athletics Supervision and Regulation Fund.................599
23		Attorney General Court Ordered and Voluntary
24		Compliance Payment Projects Fund...................16,998
25		Attorney General Whistleblower Reward and

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1		Protection Fund....................................12,417
2		Bank and Trust Company Fund............................91,273
3		Capital Development Board Revolving Fund................2,655
4		Care Provider Fund for Persons with a
5		Developmental Disability............................4,576
6		Cemetery Oversight Licensing and Disciplinary Fund......5,060
7		Chicago State University Education Improvement Fund.....4,717
8		Child Support Administrative Fund.......................2,833
9		Coal Technology Development Assistance Fund.............7,891
10		Commitment to Human Services Fund......................23,860
11		Common School Fund....................................428,811
12		The Communications Revolving Fund.......................7,163
13		The Community Association Manager
14		Licensing and Disciplinary Fund.......................817
15		Community Mental Health Medicaid Trust Fund............10,761
16		Credit Union Fund......................................17,533
17		Cycle Rider Safety Training Fund..........................589
18		DCFS Children's Services Fund.........................249,796
19		Department of Business Services Special Operations Fund.3,354
20		Department of Corrections Reimbursement
21		and Education Fund.................................16,949
22		Department of Human Services Community Services Fund......821
23		Design Professionals Administration
24		and Investigation Fund..............................3,768
25		Digital Divide Elimination Fund.........................2,087
26		The Downstate Public Transportation Fund...............23,216

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1		Driver Services Administration Fund.......................820
2		Drivers Education Fund..................................1,221
3		Drug Rebate Fund.......................................10,020
4		Education Assistance Fund...........................1,594,645
5		Electronic Health Record Incentive Fund.................1,090
6		Energy Efficiency Portfolio Standards Fund.............37,275
7		Estate Tax Refund Fund..................................1,242
8		Facilities Management Revolving Fund...................13,526
9		Fair and Exposition Fund..................................826
10		Federal Asset Forfeiture Fund...........................1,094
11		Federal High Speed Rail Trust Fund.....................29,251
12		Federal Workforce Training Fund........................86,488
13		Feed Control Fund.......................................1,479
14		Fertilizer Control Fund...................................929
15		The Fire Prevention Fund..............................114,348
16		Fund for the Advancement of Education..................13,642
17		General Professions Dedicated Fund.....................24,725
18		General Revenue Fund...............................17,051,839
19		Grade Crossing Protection Fund..........................6,588
20		Health and Human Services Medicaid Trust Fund...........4,153
21		Healthcare Provider Relief Fund.......................106,645
22		Hospital Provider Fund.................................36,223
23		Illinois Affordable Housing Trust Fund..................5,592
24		Illinois Capital Revolving Loan Fund......................627
25		Illinois Charity Bureau Fund............................3,403
26		Illinois Gaming Law Enforcement Fund....................1,885

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1		Illinois Standardbred Breeders Fund.......................946
2		Illinois State Dental Disciplinary Fund.................4,382
3		Illinois State Fair Fund................................6,727
4		Illinois State Medical Disciplinary Fund...............15,709
5		Illinois State Pharmacy Disciplinary Fund...............5,619
6		Illinois Thoroughbred Breeders Fund.....................1,172
7		Illinois Veterans Assistance Fund.......................8,519
8		Illinois Veterans' Rehabilitation Fund....................658
9		Illinois Workers' Compensation Commission
10		Operations Fund.....................................2,849
11		IMSA Income Fund.......................................11,085
12		Income Tax Refund Fund................................170,345
13		Insurance Financial Regulation Fund....................94,108
14		Insurance Premium Tax Refund Fund......................13,251
15		Insurance Producer Administration Fund.................86,750
16		International Tourism Fund..............................2,578
17		LaSalle Veterans Home Fund.............................42,416
18		LEADS Maintenance Fund..................................1,223
19		Live and Learn Fund.....................................6,473
20		The Local Government Distributive Fund................106,860
21		Local Tourism Fund......................................9,144
22		Long-Term Care Provider Fund............................5,951
23		Manteno Veterans Home Fund.............................73,818
24		Medical Interagency Program Fund..........................811
25		Medical Special Purposes Trust Fund.......................521
26		Mental Health Fund......................................4,704

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1		Motor Carrier Safety Inspection Fund....................2,188
2		The Motor Fuel Tax Fund................................73,255
3		Motor Vehicle License Plate Fund........................3,976
4		Nursing Dedicated and Professional Fund.................9,858
5		Optometric Licensing and Disciplinary Board Fund........1,382
6		Partners for Conservation Fund..........................8,083
7		Pawnbroker Regulation Fund................................853
8		The Personal Property Tax Replacement Fund............105,572
9		Pesticide Control Fund..................................5,634
10		Professional Services Fund................................726
11		Professions Indirect Cost Fund........................140,237
12		Public Pension Regulation Fund.........................10,026
13		The Public Transportation Fund.........................61,189
14		Quincy Veterans Home Fund..............................88,224
15		Real Estate License Administration Fund................23,587
16		Registered Certified Public Accountants'
17		Administration and Disciplinary Fund................1,370
18		Renewable Energy Resources Trust Fund...................1,689
19		Residential Finance Regulatory Fund....................12,638
20		The Road Fund.........................................332,667
21		Regional Transportation Authority
22		Occupation and Use Tax Replacement Fund.............2,526
23		Savings Bank Regulatory Fund..............................851
24		School Infrastructure Fund..............................4,852
25		Secretary of State DUI Administration Fund................544
26		Secretary of State Identification Security

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1		and Theft Prevention Fund...........................1,645
2		Secretary of State Special License Plate Fund...........1,203
3		Secretary of State Special Services Fund................6,197
4		Securities Audit and Enforcement Fund...................2,793
5		Solid Waste Management Fund.............................1,262
6		Special Education Medicaid Matching Fund................2,217
7		State and Local Sales Tax Reform Fund...................5,177
8		State Asset Forfeiture Fund.............................1,945
9		State Construction Account Fund........................67,375
10		State Crime Laboratory Fund...............................566
11		State Gaming Fund.....................................246,099
12		The State Garage Revolving Fund.........................3,606
13		The State Lottery Fund................................201,779
14		State Offender DNA Identification System Fund...........2,246
15		State Pensions Fund...................................500,000
16		State Police DUI Fund...................................1,560
17		State Police Firearm Services Fund......................6,152
18		State Police Services Fund.............................19,425
19		State Police Vehicle Fund...............................6,991
20		State Police Whistleblower Reward and Protection Fund...4,430
21		State Police Wireless Service Emergency Fund..............894
22		The Statistical Services Revolving Fund................10,266
23		Supplemental Low-Income Energy Assistance Fund.........67,729
24		Tax Compliance and Administration Fund..................1,145
25		Tobacco Settlement Recovery Fund........................3,199
26		Tourism Promotion Fund.................................42,906

SB1810 Enrolled - 21 - LRB099 00139 KTG 20139 b
1		Traffic and Criminal Conviction Surcharge Fund..........4,885
2		Underground Storage Tank Fund..........................19,316
3		University of Illinois Hospital Services Fund...........2,862
4		The Vehicle Inspection Fund...............................909
5		Violent Crime Victims Assistance Fund..................13,828
6		Weights and Measures Fund...............................4,826
7		The Working Capital Revolving Fund.....................30,401
8		Within 30 days after July 14, 2015 (the effective date of
9		Public Act 99-38) this amendatory Act of the 99th General
10		Assembly, the State Comptroller shall order transferred and the
11		State Treasurer shall transfer from the following funds moneys
12		in the specified amounts for deposit into the Audit Expense
13		Fund:
14		African-American HIV/AIDS Response Fund.................2,333
15		Agricultural Premium Fund.............................141,245
16		Assisted Living and Shared Housing Regulatory Fund......1,146
17		Capital Development Board Revolving Fund................1,473
18		Care Provider Fund for Persons with
19		a Developmental Disability........................13,520
20		Carolyn Adams Ticket For The Cure Grant Fund..............632
21		CD LIS/ AAMV Anet/NMVTIS Trust Fund.......................587
22		Chicago State University Education Improvement Fund.....9,881
23		Child Support Administrative Fund.......................5,192
24		Common School Fund....................................255,306
25		The Communications Revolving Fund......................14,823
26		Community Mental Health Medicaid Trust Fund............43,141

SB1810 Enrolled - 22 - LRB099 00139 KTG 20139 b
1		Death Certificate Surcharge Fund........................2,596
2		Death Penalty Abolition Fund..............................864
3		Department of Business Services Special Operations Fund.9,484
4		Department of Human Services Community Services Fund....6,131
5		The Downstate Public Transportation Fund................7,975
6		Drug Rebate Fund.......................................16,022
7		Drug Treatment Fund.....................................1,392
8		Drunk and Drugged Driving Prevention Fund.................772
9		The Education Assistance Fund.......................1,587,191
10		Electronic Health Record Incentive Fund.................4,196
11		Emergency Public Health Fund............................8,501
12		EMS Assistance Fund.......................................796
13		Estate Tax Refund Fund..................................1,792
14		Facilities Management Revolving Fund...................22,122
15		Facility Licensing Fund.................................4,655
16		Fair and Exposition Fund................................5,440
17		Federal High Speed Rail Trust Fund......................6,789
18		Feed Control Fund.......................................5,082
19		Fertilizer Control Fund.................................6,041
20		The Fire Prevention Fund................................4,653
21		Food and Drug Safety Fund...............................1,636
22		General Professions Dedicated Fund......................3,296
23		The General Revenue Fund...........................17,190,905
24		Grade Crossing Protection Fund..........................1,134
25		Health and Human Services Medicaid Trust Fund..........14,252
26		Health Facility Plan Review Fund........................3,355

SB1810 Enrolled - 23 - LRB099 00139 KTG 20139 b
1		Healthcare Provider Relief Fund.......................220,261
2		Healthy Smiles Fund.......................................694
3		Home Care Services Agency Licensure Fund................1,383
4		Hospital Provider Fund.................................77,300
5		ICJIA Violence Prevention Fund..........................2,370
6		Illinois Affordable Housing Trust Fund..................6,609
7		Illinois Department of Agriculture
8		Laboratory Services Revolving Fund.................3,386
9		Illinois Health Facilities Planning Fund................3,582
10		Illinois School Asbestos Abatement Fund.................1,742
11		Illinois Standardbred Breeders Fund.....................7,697
12		Illinois State Fair Fund...............................40,283
13		Illinois Thoroughbred Breeders Fund....................11,711
14		Illinois Veterans' Rehabilitation Fund..................2,084
15		Illinois Workers' Compensation Commission
16		Operations Fund..................................182,586
17		IMSA Income Fund........................................7,840
18		Income Tax Refund Fund.................................62,221
19		Lead Poisoning Screening, Prevention, and Abatement Fund.4,507
20		Live and Learn Fund....................................18,652
21		Lobbyist Registration Administration Fund.................623
22		The Local Government Distributive Fund.................35,569
23		Long Term Care Monitor/Receiver Fund...................24,533
24		Long-Term Care Provider Fund...........................15,559
25		Low-Level Radioactive Waste Facility
26		Development and Operation Fund.....................1,286

SB1810 Enrolled - 24 - LRB099 00139 KTG 20139 b
1		Mandatory Arbitration Fund..............................2,978
2		Medical Interagency Program Fund........................2,120
3		Medical Special Purposes Trust Fund.....................1,829
4		Mental Health Fund.....................................10,964
5		Metabolic Screening and Treatment Fund.................28,495
6		Monitoring Device Driving Permit Administration Fee Fund.1,021
7		The Motor Fuel Tax Fund................................27,802
8		Motor Vehicle License Plate Fund.......................10,715
9		Motor Vehicle Theft Prevention Trust Fund..............10,219
10		Multiple Sclerosis Research Fund........................2,552
11		Nuclear Safety Emergency Preparedness Fund.............31,006
12		Nursing Dedicated and Professional Fund.................2,350
13		Partners for Conservation Fund.........................69,830
14		The Personal Property Tax Replacement Fund.............36,349
15		Pesticide Control Fund.................................32,100
16		Plumbing Licensure and Program Fund.....................2,237
17		Professional Services Fund..............................1,177
18		Public Health Laboratory Services Revolving Fund........5,556
19		The Public Transportation Fund.........................20,547
20		Radiation Protection Fund..............................12,033
21		The Road Fund.........................................153,257
22		Regional Transportation Authority
23		Occupation and Use Tax Replacement Fund..............799
24		School Infrastructure Fund..............................5,976
25		Secretary of State DUI Administration Fund..............1,767
26		Secretary of State Identification

SB1810 Enrolled - 25 - LRB099 00139 KTG 20139 b
1		Security and Theft Prevention Fund.................2,551
2		Secretary of State Special License Plate Fund...........3,483
3		Secretary of State Special Services Fund...............21,708
4		Securities Audit and Enforcement Fund...................5,637
5		Securities Investors Education Fund.......................894
6		Special Education Medicaid Matching Fund................4,648
7		State and Local Sales Tax Reform Fund...................1,651
8		State Construction Account Fund........................27,868
9		The State Garage Revolving Fund.........................7,320
10		The State Lottery Fund................................398,712
11		State Pensions Fund...................................500,000
12		The Statistical Services Revolving Fund................17,481
13		Supreme Court Historic Preservation Fund...............28,000
14		Tanning Facility Permit Fund..............................549
15		Tobacco Settlement Recovery Fund.......................30,438
16		Trauma Center Fund.....................................10,050
17		University of Illinois Hospital Services Fund...........9,247
18		The Vehicle Inspection Fund.............................2,810
19		Weights and Measures Fund..............................31,534
20		The Working Capital Revolving Fund....................15,960
21		Notwithstanding any provision of the law to the contrary,
22		the General Assembly hereby authorizes the use of such funds
23		for the purposes set forth in this Section.
24		These provisions do not apply to funds classified by the
25		Comptroller as federal trust funds or State trust funds. The
26		Audit Expense Fund may receive transfers from those trust funds

SB1810 Enrolled - 26 - LRB099 00139 KTG 20139 b
1		only as directed herein, except where prohibited by the terms
2		of the trust fund agreement. The Auditor General shall notify
3		the trustees of those funds of the estimated cost of the audit
4		to be incurred under the Illinois State Auditing Act for the
5		fund. The trustees of those funds shall direct the State
6		Comptroller and Treasurer to transfer the estimated amount to
7		the Audit Expense Fund.
8		The Auditor General may bill entities that are not subject
9		to the above transfer provisions, including private entities,
10		related organizations and entities whose funds are
11		locally-held, for the cost of audits, studies, and
12		investigations incurred on their behalf. Any revenues received
13		under this provision shall be deposited into the Audit Expense
14		Fund.
15		In the event that moneys on deposit in any fund are
16		unavailable, by reason of deficiency or any other reason
17		preventing their lawful transfer, the State Comptroller shall
18		order transferred and the State Treasurer shall transfer the
19		amount deficient or otherwise unavailable from the General
20		Revenue Fund for deposit into the Audit Expense Fund.
21		On or before December 1, 1992, and each December 1
22		thereafter, the Auditor General shall notify the Governor's
23		Office of Management and Budget (formerly Bureau of the Budget)
24		of the amount estimated to be necessary to pay for audits,
25		studies, and investigations in accordance with the Illinois
26		State Auditing Act during the next succeeding fiscal year for

SB1810 Enrolled - 27 - LRB099 00139 KTG 20139 b
1		each State fund for which a transfer or reimbursement is
2		anticipated.
3		Beginning with fiscal year 1994 and during each fiscal year
4		thereafter, the Auditor General may direct the State
5		Comptroller and Treasurer to transfer moneys from funds
6		authorized by the General Assembly for that fund. In the event
7		funds, including federal and State trust funds but excluding
8		the General Revenue Fund, are transferred, during fiscal year
9		1994 and during each fiscal year thereafter, in excess of the
10		amount to pay actual costs attributable to audits, studies, and
11		investigations as permitted or required by the Illinois State
12		Auditing Act or specific action of the General Assembly, the
13		Auditor General shall, on September 30, or as soon thereafter
14		as is practicable, direct the State Comptroller and Treasurer
15		to transfer the excess amount back to the fund from which it
16		was originally transferred.
17		(Source: P.A. 98-270, eff. 8-9-13; 98-676, eff. 6-30-14; 99-38,
18		eff. 7-14-15.)
19		(30 ILCS 105/6z-51)
20		Sec. 6z-51. Budget Stabilization Fund.
21		(a) The Budget Stabilization Fund, a special fund in the
22		State Treasury, shall consist of moneys appropriated or
23		transferred to that Fund, as provided in Section 6z-43 and as
24		otherwise provided by law. All earnings on Budget Stabilization
25		Fund investments shall be deposited into that Fund.

SB1810 Enrolled - 28 - LRB099 00139 KTG 20139 b
1		(b) The State Comptroller may direct the State Treasurer to
2		transfer moneys from the Budget Stabilization Fund to the
3		General Revenue Fund in order to meet cash flow deficits
4		resulting from timing variations between disbursements and the
5		receipt of funds within a fiscal year. Any moneys so borrowed
6		in any fiscal year other than Fiscal Year 2011 shall be repaid
7		by June 30 of the fiscal year in which they were borrowed. Any
8		moneys so borrowed in Fiscal Year 2011 shall be repaid no later
9		than July 15, 2011.
10		(c) During Fiscal Year 2017 only, amounts may be expended
11		from the Budget Stabilization Fund only pursuant to specific
12		authorization by appropriation. Any moneys expended pursuant
13		to appropriation shall not be subject to repayment.
14		(Source: P.A. 97-44, eff. 6-28-11.)
15		(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
16		Sec. 8.3. Money in the Road Fund shall, if and when the
17		State of Illinois incurs any bonded indebtedness for the
18		construction of permanent highways, be set aside and used for
19		the purpose of paying and discharging annually the principal
20		and interest on that bonded indebtedness then due and payable,
21		and for no other purpose. The surplus, if any, in the Road Fund
22		after the payment of principal and interest on that bonded
23		indebtedness then annually due shall be used as follows:
24		first -- to pay the cost of administration of Chapters
25		2 through 10 of the Illinois Vehicle Code, except the cost

SB1810 Enrolled - 29 - LRB099 00139 KTG 20139 b
1		of administration of Articles I and II of Chapter 3 of that
2		Code; and
3		secondly -- for expenses of the Department of
4		Transportation for construction, reconstruction,
5		improvement, repair, maintenance, operation, and
6		administration of highways in accordance with the
7		provisions of laws relating thereto, or for any purpose
8		related or incident to and connected therewith, including
9		the separation of grades of those highways with railroads
10		and with highways and including the payment of awards made
11		by the Illinois Workers' Compensation Commission under the
12		terms of the Workers' Compensation Act or Workers'
13		Occupational Diseases Act for injury or death of an
14		employee of the Division of Highways in the Department of
15		Transportation; or for the acquisition of land and the
16		erection of buildings for highway purposes, including the
17		acquisition of highway right-of-way or for investigations
18		to determine the reasonably anticipated future highway
19		needs; or for making of surveys, plans, specifications and
20		estimates for and in the construction and maintenance of
21		flight strips and of highways necessary to provide access
22		to military and naval reservations, to defense industries
23		and defense-industry sites, and to the sources of raw
24		materials and for replacing existing highways and highway
25		connections shut off from general public use at military
26		and naval reservations and defense-industry sites, or for

SB1810 Enrolled - 30 - LRB099 00139 KTG 20139 b
1		the purchase of right-of-way, except that the State shall
2		be reimbursed in full for any expense incurred in building
3		the flight strips; or for the operating and maintaining of
4		highway garages; or for patrolling and policing the public
5		highways and conserving the peace; or for the operating
6		expenses of the Department relating to the administration
7		of public transportation programs; or, during fiscal year
8		2012 only, for the purposes of a grant not to exceed
9		$8,500,000 to the Regional Transportation Authority on
10		behalf of PACE for the purpose of ADA/Para-transit
11		expenses; or, during fiscal year 2013 only, for the
12		purposes of a grant not to exceed $3,825,000 to the
13		Regional Transportation Authority on behalf of PACE for the
14		purpose of ADA/Para-transit expenses; or, during fiscal
15		year 2014 only, for the purposes of a grant not to exceed
16		$3,825,000 to the Regional Transportation Authority on
17		behalf of PACE for the purpose of ADA/Para-transit
18		expenses; or, during fiscal year 2015 only, for the
19		purposes of a grant not to exceed $3,825,000 to the
20		Regional Transportation Authority on behalf of PACE for the
21		purpose of ADA/Para-transit expenses; or, during fiscal
22		year 2016 only, for the purposes of a grant not to exceed
23		$3,825,000 to the Regional Transportation Authority on
24		behalf of PACE for the purpose of ADA/Para-transit
25		expenses; or, during fiscal year 2017 only, for the
26		purposes of a grant not to exceed $3,825,000 to the

SB1810 Enrolled - 31 - LRB099 00139 KTG 20139 b
1		Regional Transportation Authority on behalf of PACE for the
2		purpose of ADA/Para-transit expenses; or for any of those
3		purposes or any other purpose that may be provided by law.
4		Appropriations for any of those purposes are payable from
5		the Road Fund. Appropriations may also be made from the Road
6		Fund for the administrative expenses of any State agency that
7		are related to motor vehicles or arise from the use of motor
8		vehicles.
9		Beginning with fiscal year 1980 and thereafter, no Road
10		Fund monies shall be appropriated to the following Departments
11		or agencies of State government for administration, grants, or
12		operations; but this limitation is not a restriction upon
13		appropriating for those purposes any Road Fund monies that are
14		eligible for federal reimbursement;
15		1. Department of Public Health;
16		2. Department of Transportation, only with respect to
17		subsidies for one-half fare Student Transportation and
18		Reduced Fare for Elderly, except during fiscal year 2012
19		only when no more than $40,000,000 may be expended and
20		except during fiscal year 2013 only when no more than
21		$17,570,300 may be expended and except during fiscal year
22		2014 only when no more than $17,570,000 may be expended and
23		except during fiscal year 2015 only when no more than
24		$17,570,000 may be expended and except during fiscal year
25		2016 only when no more than $17,570,000 may be expended and
26		except during fiscal year 2017 only when no more than

SB1810 Enrolled - 32 - LRB099 00139 KTG 20139 b
1		$17,570,000 may be expended;
2		3. Department of Central Management Services, except
3		for expenditures incurred for group insurance premiums of
4		appropriate personnel;
5		4. Judicial Systems and Agencies.
6		Beginning with fiscal year 1981 and thereafter, no Road
7		Fund monies shall be appropriated to the following Departments
8		or agencies of State government for administration, grants, or
9		operations; but this limitation is not a restriction upon
10		appropriating for those purposes any Road Fund monies that are
11		eligible for federal reimbursement:
12		1. Department of State Police, except for expenditures
13		with respect to the Division of Operations;
14		2. Department of Transportation, only with respect to
15		Intercity Rail Subsidies, except during fiscal year 2012
16		only when no more than $40,000,000 may be expended and
17		except during fiscal year 2013 only when no more than
18		$26,000,000 may be expended and except during fiscal year
19		2014 only when no more than $38,000,000 may be expended and
20		except during fiscal year 2015 only when no more than
21		$42,000,000 may be expended and except during fiscal year
22		2016 only when no more than $38,300,000 may be expended and
23		except during fiscal year 2017 only when no more than
24		$50,000,000 may be expended, and Rail Freight Services.
25		Beginning with fiscal year 1982 and thereafter, no Road
26		Fund monies shall be appropriated to the following Departments

SB1810 Enrolled - 33 - LRB099 00139 KTG 20139 b
1		or agencies of State government for administration, grants, or
2		operations; but this limitation is not a restriction upon
3		appropriating for those purposes any Road Fund monies that are
4		eligible for federal reimbursement: Department of Central
5		Management Services, except for awards made by the Illinois
6		Workers' Compensation Commission under the terms of the
7		Workers' Compensation Act or Workers' Occupational Diseases
8		Act for injury or death of an employee of the Division of
9		Highways in the Department of Transportation.
10		Beginning with fiscal year 1984 and thereafter, no Road
11		Fund monies shall be appropriated to the following Departments
12		or agencies of State government for administration, grants, or
13		operations; but this limitation is not a restriction upon
14		appropriating for those purposes any Road Fund monies that are
15		eligible for federal reimbursement:
16		1. Department of State Police, except not more than 40%
17		of the funds appropriated for the Division of Operations;
18		2. State Officers.
19		Beginning with fiscal year 1984 and thereafter, no Road
20		Fund monies shall be appropriated to any Department or agency
21		of State government for administration, grants, or operations
22		except as provided hereafter; but this limitation is not a
23		restriction upon appropriating for those purposes any Road Fund
24		monies that are eligible for federal reimbursement. It shall
25		not be lawful to circumvent the above appropriation limitations
26		by governmental reorganization or other methods.

SB1810 Enrolled - 34 - LRB099 00139 KTG 20139 b
1		Appropriations shall be made from the Road Fund only in
2		accordance with the provisions of this Section.
3		Money in the Road Fund shall, if and when the State of
4		Illinois incurs any bonded indebtedness for the construction of
5		permanent highways, be set aside and used for the purpose of
6		paying and discharging during each fiscal year the principal
7		and interest on that bonded indebtedness as it becomes due and
8		payable as provided in the Transportation Bond Act, and for no
9		other purpose. The surplus, if any, in the Road Fund after the
10		payment of principal and interest on that bonded indebtedness
11		then annually due shall be used as follows:
12		first -- to pay the cost of administration of Chapters
13		2 through 10 of the Illinois Vehicle Code; and
14		secondly -- no Road Fund monies derived from fees,
15		excises, or license taxes relating to registration,
16		operation and use of vehicles on public highways or to
17		fuels used for the propulsion of those vehicles, shall be
18		appropriated or expended other than for costs of
19		administering the laws imposing those fees, excises, and
20		license taxes, statutory refunds and adjustments allowed
21		thereunder, administrative costs of the Department of
22		Transportation, including, but not limited to, the
23		operating expenses of the Department relating to the
24		administration of public transportation programs, payment
25		of debts and liabilities incurred in construction and
26		reconstruction of public highways and bridges, acquisition

SB1810 Enrolled - 35 - LRB099 00139 KTG 20139 b
1		of rights-of-way for and the cost of construction,
2		reconstruction, maintenance, repair, and operation of
3		public highways and bridges under the direction and
4		supervision of the State, political subdivision, or
5		municipality collecting those monies, or during fiscal
6		year 2012 only for the purposes of a grant not to exceed
7		$8,500,000 to the Regional Transportation Authority on
8		behalf of PACE for the purpose of ADA/Para-transit
9		expenses, or during fiscal year 2013 only for the purposes
10		of a grant not to exceed $3,825,000 to the Regional
11		Transportation Authority on behalf of PACE for the purpose
12		of ADA/Para-transit expenses, or during fiscal year 2014
13		only for the purposes of a grant not to exceed $3,825,000
14		to the Regional Transportation Authority on behalf of PACE
15		for the purpose of ADA/Para-transit expenses, or during
16		fiscal year 2015 only for the purposes of a grant not to
17		exceed $3,825,000 to the Regional Transportation Authority
18		on behalf of PACE for the purpose of ADA/Para-transit
19		expenses, or during fiscal year 2016 only for the purposes
20		of a grant not to exceed $3,825,000 to the Regional
21		Transportation Authority on behalf of PACE for the purpose
22		of ADA/Para-transit expenses, or during fiscal year 2017
23		only for the purposes of a grant not to exceed $3,825,000
24		to the Regional Transportation Authority on behalf of PACE
25		for the purpose of ADA/Para-transit expenses, and the costs
26		for patrolling and policing the public highways (by State,

SB1810 Enrolled - 36 - LRB099 00139 KTG 20139 b
1		political subdivision, or municipality collecting that
2		money) for enforcement of traffic laws. The separation of
3		grades of such highways with railroads and costs associated
4		with protection of at-grade highway and railroad crossing
5		shall also be permissible.
6		Appropriations for any of such purposes are payable from
7		the Road Fund or the Grade Crossing Protection Fund as provided
8		in Section 8 of the Motor Fuel Tax Law.
9		Except as provided in this paragraph, beginning with fiscal
10		year 1991 and thereafter, no Road Fund monies shall be
11		appropriated to the Department of State Police for the purposes
12		of this Section in excess of its total fiscal year 1990 Road
13		Fund appropriations for those purposes unless otherwise
14		provided in Section 5g of this Act. For fiscal years 2003,
15		2004, 2005, 2006, and 2007 only, no Road Fund monies shall be
16		appropriated to the Department of State Police for the purposes
17		of this Section in excess of $97,310,000. For fiscal year 2008
18		only, no Road Fund monies shall be appropriated to the
19		Department of State Police for the purposes of this Section in
20		excess of $106,100,000. For fiscal year 2009 only, no Road Fund
21		monies shall be appropriated to the Department of State Police
22		for the purposes of this Section in excess of $114,700,000.
23		Beginning in fiscal year 2010, no road fund moneys shall be
24		appropriated to the Department of State Police. It shall not be
25		lawful to circumvent this limitation on appropriations by
26		governmental reorganization or other methods unless otherwise

SB1810 Enrolled - 37 - LRB099 00139 KTG 20139 b
1		provided in Section 5g of this Act.
2		In fiscal year 1994, no Road Fund monies shall be
3		appropriated to the Secretary of State for the purposes of this
4		Section in excess of the total fiscal year 1991 Road Fund
5		appropriations to the Secretary of State for those purposes,
6		plus $9,800,000. It shall not be lawful to circumvent this
7		limitation on appropriations by governmental reorganization or
8		other method.
9		Beginning with fiscal year 1995 and thereafter, no Road
10		Fund monies shall be appropriated to the Secretary of State for
11		the purposes of this Section in excess of the total fiscal year
12		1994 Road Fund appropriations to the Secretary of State for
13		those purposes. It shall not be lawful to circumvent this
14		limitation on appropriations by governmental reorganization or
15		other methods.
16		Beginning with fiscal year 2000, total Road Fund
17		appropriations to the Secretary of State for the purposes of
18		this Section shall not exceed the amounts specified for the
19		following fiscal years:
20 Fiscal Year 2000 $80,500,000; 21 Fiscal Year 2001 $80,500,000; 22 Fiscal Year 2002 $80,500,000; 23 Fiscal Year 2003 $130,500,000; 24 Fiscal Year 2004 $130,500,000; 25 Fiscal Year 2005 $130,500,000; 26 Fiscal Year 2006 $130,500,000;

SB1810 Enrolled - 38 - LRB099 00139 KTG 20139 b
1 Fiscal Year 2007 $130,500,000; 2 Fiscal Year 2008 $130,500,000; 3 Fiscal Year 2009 $130,500,000.
4		For fiscal year 2010, no road fund moneys shall be
5		appropriated to the Secretary of State.
6		Beginning in fiscal year 2011, moneys in the Road Fund
7		shall be appropriated to the Secretary of State for the
8		exclusive purpose of paying refunds due to overpayment of fees
9		related to Chapter 3 of the Illinois Vehicle Code unless
10		otherwise provided for by law.
11		It shall not be lawful to circumvent this limitation on
12		appropriations by governmental reorganization or other
13		methods.
14		No new program may be initiated in fiscal year 1991 and
15		thereafter that is not consistent with the limitations imposed
16		by this Section for fiscal year 1984 and thereafter, insofar as
17		appropriation of Road Fund monies is concerned.
18		Nothing in this Section prohibits transfers from the Road
19		Fund to the State Construction Account Fund under Section 5e of
20		this Act; nor to the General Revenue Fund, as authorized by
21		this amendatory Act of the 93rd General Assembly.
22		The additional amounts authorized for expenditure in this
23		Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
24		shall be repaid to the Road Fund from the General Revenue Fund
25		in the next succeeding fiscal year that the General Revenue
26		Fund has a positive budgetary balance, as determined by

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1		generally accepted accounting principles applicable to
2		government.
3		The additional amounts authorized for expenditure by the
4		Secretary of State and the Department of State Police in this
5		Section by this amendatory Act of the 94th General Assembly
6		shall be repaid to the Road Fund from the General Revenue Fund
7		in the next succeeding fiscal year that the General Revenue
8		Fund has a positive budgetary balance, as determined by
9		generally accepted accounting principles applicable to
10		government.
11		(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
12		eff. 6-19-13; 98-674, eff. 6-30-14.)
13		Section 5-15. The State Revenue Sharing Act is amended by
14		adding Section 11.1 as follows:
15		(30 ILCS 115/11.1 new)
16		Sec. 11.1. Funding of certain school districts.
17		(a) On July 1, 2016, or as soon as practical thereafter,
18		the State Board of Education shall identify to the Department
19		of Revenue school districts having Personal Property Tax
20		Replacement Fund receipts totaling 15% or more of their total
21		revenues in fiscal year 2015.
22		(b) In fiscal year 2017, any school district identified
23		under subsection (a) shall receive, in addition to its annual
24		distributions from the Personal Property Tax Replacement Fund,

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1		7% of the total amount distributed to the school district from
2		the Personal Property Tax Replacement Fund during fiscal year
3		2015, provided that the total amount of additional
4		distributions under this Section shall not exceed $2,900,000.
5		If the total additional distributions exceed $2,900,000, such
6		distributions shall be calculated on a pro rata basis, based on
7		the percentage of each district's total fiscal year 2015
8		revenues to the total fiscal year 2015 revenues of all
9		districts qualifying for an additional distribution under this
10		Section.
11		Section 5-20. The Illinois Coal Technology Development
12		Assistance Act is amended by changing Section 4 as follows:
13		(30 ILCS 730/4) (from Ch. 96 1/2, par. 8204)
14		Sec. 4. Expenditures from Coal Technology Development
15		Assistance Fund.
16		(a) The contents of the Coal Technology Development
17		Assistance Fund may be expended, subject to appropriation by
18		the General Assembly, in such amounts and at such times as the
19		Department, with the advice and recommendation of the Board,
20		may deem necessary or desirable for the purposes of this Act.
21		(b) The Department shall develop a written plan containing
22		measurable 3-year and 10-year goals and objectives in regard to
23		the funding of coal research and coal demonstration and
24		commercialization projects, and programs designed to preserve

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1		and enhance markets for Illinois coal. In developing these
2		goals and objectives, the Department shall consider and
3		determine the appropriate balance for the achievement of
4		near-term and long-term goals and objectives and of ensuring
5		the timely commercial application of cost-effective
6		technologies or energy and chemical production processes or
7		systems utilizing coal. The Department shall develop the
8		initial goals and objectives no later than December 1, 1993,
9		and develop revised goals and objectives no later than July 1
10		annually thereafter.
11		(c) (Blank).
12		(d) Subject to appropriation, the Department of Natural
13		Resources may use moneys in the Coal Technology Development
14		Assistance Fund to administer its responsibilities under the
15		Surface Coal Mining Land Conservation and Reclamation Act.
16		(Source: P.A. 89-499, eff. 6-28-96; 90-348, eff. 1-1-98;
17		90-372, eff. 7-1-98; 90-655, eff. 7-30-98.)
18		Section 5-25. The Illinois Police Training Act is amended
19		by changing Section 9 as follows:
20		(50 ILCS 705/9) (from Ch. 85, par. 509)
21		Sec. 9. A special fund is hereby established in the State
22		Treasury to be known as the Traffic and Criminal Conviction
23		Surcharge Fund and shall be financed as provided in Section 9.1
24		of this Act and Section 5-9-1 of the Unified Code of

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1		Corrections, unless the fines, costs, or additional amounts
2		imposed are subject to disbursement by the circuit clerk under
3		Section 27.5 of the Clerks of Courts Act. Moneys in this Fund
4		shall be expended as follows:
5		(1) a portion of the total amount deposited in the Fund
6		may be used, as appropriated by the General Assembly, for
7		the ordinary and contingent expenses of the Illinois Law
8		Enforcement Training Standards Board;
9		(2) a portion of the total amount deposited in the Fund
10		shall be appropriated for the reimbursement of local
11		governmental agencies participating in training programs
12		certified by the Board, in an amount equaling 1/2 of the
13		total sum paid by such agencies during the State's previous
14		fiscal year for mandated training for probationary police
15		officers or probationary county corrections officers and
16		for optional advanced and specialized law enforcement or
17		county corrections training; these reimbursements may
18		include the costs for tuition at training schools, the
19		salaries of trainees while in schools, and the necessary
20		travel and room and board expenses for each trainee; if the
21		appropriations under this paragraph (2) are not sufficient
22		to fully reimburse the participating local governmental
23		agencies, the available funds shall be apportioned among
24		such agencies, with priority first given to repayment of
25		the costs of mandatory training given to law enforcement
26		officer or county corrections officer recruits, then to

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1		repayment of costs of advanced or specialized training for
2		permanent police officers or permanent county corrections
3		officers;
4		(3) a portion of the total amount deposited in the Fund
5		may be used to fund the Intergovernmental Law Enforcement
6		Officer's In-Service Training Act, veto overridden October
7		29, 1981, as now or hereafter amended, at a rate and method
8		to be determined by the board;
9		(4) a portion of the Fund also may be used by the
10		Illinois Department of State Police for expenses incurred
11		in the training of employees from any State, county or
12		municipal agency whose function includes enforcement of
13		criminal or traffic law;
14		(5) a portion of the Fund may be used by the Board to
15		fund grant-in-aid programs and services for the training of
16		employees from any county or municipal agency whose
17		functions include corrections or the enforcement of
18		criminal or traffic law;
19		(6) for fiscal years 2013 through 2017 , 2014, and 2015
20		only, a portion of the Fund also may be used by the
21		Department of State Police to finance any of its lawful
22		purposes or functions; and
23		(7) a portion of the Fund may be used by the Board,
24		subject to appropriation, to administer grants to local law
25		enforcement agencies for the purpose of purchasing
26		bulletproof vests under the Law Enforcement Officer

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1		Bulletproof Vest Act.
2		All payments from the Traffic and Criminal Conviction
3		Surcharge Fund shall be made each year from moneys appropriated
4		for the purposes specified in this Section. No more than 50% of
5		any appropriation under this Act shall be spent in any city
6		having a population of more than 500,000. The State Comptroller
7		and the State Treasurer shall from time to time, at the
8		direction of the Governor, transfer from the Traffic and
9		Criminal Conviction Surcharge Fund to the General Revenue Fund
10		in the State Treasury such amounts as the Governor determines
11		are in excess of the amounts required to meet the obligations
12		of the Traffic and Criminal Conviction Surcharge Fund.
13		(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14;
14		98-743, eff. 1-1-15; 99-78, eff. 7-20-15.)
15		Section 5-30. The Law Enforcement Camera Grant Act is
16		amended by changing Section 25 as follows:
17		(50 ILCS 707/25)
18		Sec. 25. No fund sweep. Notwithstanding any other provision
19		of law, moneys in the Law Enforcement Camera Grant Fund may not
20		be appropriated, assigned, or transferred to another State
21		fund, except that, notwithstanding any other provision of law,
22		in addition to any other transfers that may be provided by law,
23		on the effective date of this amendatory Act of the 99th
24		General Assembly, or as soon thereafter as practical, the State

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1		Comptroller shall direct and the State Treasurer shall transfer
2		the sum of $2,000,000 from the Law Enforcement Camera Grant
3		Fund to the Traffic and Criminal Conviction Surcharge Fund.
4		(Source: P.A. 99-352, eff. 1-1-16.)
5		Section 5-35. The School Code is amended by changing
6		Section 18-8.05 as follows:
7		(105 ILCS 5/18-8.05)
8		Sec. 18-8.05. Basis for apportionment of general State
9		financial aid and supplemental general State aid to the common
10		schools for the 1998-1999 and subsequent school years.
11		(A) General Provisions.
12		(1) The provisions of this Section apply to the 1998-1999
13		and subsequent school years. The system of general State
14		financial aid provided for in this Section is designed to
15		assure that, through a combination of State financial aid and
16		required local resources, the financial support provided each
17		pupil in Average Daily Attendance equals or exceeds a
18		prescribed per pupil Foundation Level. This formula approach
19		imputes a level of per pupil Available Local Resources and
20		provides for the basis to calculate a per pupil level of
21		general State financial aid that, when added to Available Local
22		Resources, equals or exceeds the Foundation Level. The amount
23		of per pupil general State financial aid for school districts,

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1		in general, varies in inverse relation to Available Local
2		Resources. Per pupil amounts are based upon each school
3		district's Average Daily Attendance as that term is defined in
4		this Section.
5		(2) In addition to general State financial aid, school
6		districts with specified levels or concentrations of pupils
7		from low income households are eligible to receive supplemental
8		general State financial aid grants as provided pursuant to
9		subsection (H). The supplemental State aid grants provided for
10		school districts under subsection (H) shall be appropriated for
11		distribution to school districts as part of the same line item
12		in which the general State financial aid of school districts is
13		appropriated under this Section.
14		(3) To receive financial assistance under this Section,
15		school districts are required to file claims with the State
16		Board of Education, subject to the following requirements:
17		(a) Any school district which fails for any given
18		school year to maintain school as required by law, or to
19		maintain a recognized school is not eligible to file for
20		such school year any claim upon the Common School Fund. In
21		case of nonrecognition of one or more attendance centers in
22		a school district otherwise operating recognized schools,
23		the claim of the district shall be reduced in the
24		proportion which the Average Daily Attendance in the
25		attendance center or centers bear to the Average Daily
26		Attendance in the school district. A "recognized school"

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1		means any public school which meets the standards as
2		established for recognition by the State Board of
3		Education. A school district or attendance center not
4		having recognition status at the end of a school term is
5		entitled to receive State aid payments due upon a legal
6		claim which was filed while it was recognized.
7		(b) School district claims filed under this Section are
8		subject to Sections 18-9 and 18-12, except as otherwise
9		provided in this Section.
10		(c) If a school district operates a full year school
11		under Section 10-19.1, the general State aid to the school
12		district shall be determined by the State Board of
13		Education in accordance with this Section as near as may be
14		applicable.
15		(d) (Blank).
16		(4) Except as provided in subsections (H) and (L), the
17		board of any district receiving any of the grants provided for
18		in this Section may apply those funds to any fund so received
19		for which that board is authorized to make expenditures by law.
20		School districts are not required to exert a minimum
21		Operating Tax Rate in order to qualify for assistance under
22		this Section.
23		(5) As used in this Section the following terms, when
24		capitalized, shall have the meaning ascribed herein:
25		(a) "Average Daily Attendance": A count of pupil
26		attendance in school, averaged as provided for in

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1		subsection (C) and utilized in deriving per pupil financial
2		support levels.
3		(b) "Available Local Resources": A computation of
4		local financial support, calculated on the basis of Average
5		Daily Attendance and derived as provided pursuant to
6		subsection (D).
7		(c) "Corporate Personal Property Replacement Taxes":
8		Funds paid to local school districts pursuant to "An Act in
9		relation to the abolition of ad valorem personal property
10		tax and the replacement of revenues lost thereby, and
11		amending and repealing certain Acts and parts of Acts in
12		connection therewith", certified August 14, 1979, as
13		amended (Public Act 81-1st S.S.-1).
14		(d) "Foundation Level": A prescribed level of per pupil
15		financial support as provided for in subsection (B).
16		(e) "Operating Tax Rate": All school district property
17		taxes extended for all purposes, except Bond and Interest,
18		Summer School, Rent, Capital Improvement, and Vocational
19		Education Building purposes.
20		(B) Foundation Level.
21		(1) The Foundation Level is a figure established by the
22		State representing the minimum level of per pupil financial
23		support that should be available to provide for the basic
24		education of each pupil in Average Daily Attendance. As set
25		forth in this Section, each school district is assumed to exert

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1		a sufficient local taxing effort such that, in combination with
2		the aggregate of general State financial aid provided the
3		district, an aggregate of State and local resources are
4		available to meet the basic education needs of pupils in the
5		district.
6		(2) For the 1998-1999 school year, the Foundation Level of
7		support is $4,225. For the 1999-2000 school year, the
8		Foundation Level of support is $4,325. For the 2000-2001 school
9		year, the Foundation Level of support is $4,425. For the
10		2001-2002 school year and 2002-2003 school year, the Foundation
11		Level of support is $4,560. For the 2003-2004 school year, the
12		Foundation Level of support is $4,810. For the 2004-2005 school
13		year, the Foundation Level of support is $4,964. For the
14		2005-2006 school year, the Foundation Level of support is
15		$5,164. For the 2006-2007 school year, the Foundation Level of
16		support is $5,334. For the 2007-2008 school year, the
17		Foundation Level of support is $5,734. For the 2008-2009 school
18		year, the Foundation Level of support is $5,959.
19		(3) For the 2009-2010 school year and each school year
20		thereafter, the Foundation Level of support is $6,119 or such
21		greater amount as may be established by law by the General
22		Assembly.
23		(C) Average Daily Attendance.
24		(1) For purposes of calculating general State aid pursuant
25		to subsection (E), an Average Daily Attendance figure shall be

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1		utilized. The Average Daily Attendance figure for formula
2		calculation purposes shall be the monthly average of the actual
3		number of pupils in attendance of each school district, as
4		further averaged for the best 3 months of pupil attendance for
5		each school district. In compiling the figures for the number
6		of pupils in attendance, school districts and the State Board
7		of Education shall, for purposes of general State aid funding,
8		conform attendance figures to the requirements of subsection
9		(F).
10		(2) The Average Daily Attendance figures utilized in
11		subsection (E) shall be the requisite attendance data for the
12		school year immediately preceding the school year for which
13		general State aid is being calculated or the average of the
14		attendance data for the 3 preceding school years, whichever is
15		greater. The Average Daily Attendance figures utilized in
16		subsection (H) shall be the requisite attendance data for the
17		school year immediately preceding the school year for which
18		general State aid is being calculated.
19		(D) Available Local Resources.
20		(1) For purposes of calculating general State aid pursuant
21		to subsection (E), a representation of Available Local
22		Resources per pupil, as that term is defined and determined in
23		this subsection, shall be utilized. Available Local Resources
24		per pupil shall include a calculated dollar amount representing
25		local school district revenues from local property taxes and

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1		from Corporate Personal Property Replacement Taxes, expressed
2		on the basis of pupils in Average Daily Attendance. Calculation
3		of Available Local Resources shall exclude any tax amnesty
4		funds received as a result of Public Act 93-26.
5		(2) In determining a school district's revenue from local
6		property taxes, the State Board of Education shall utilize the
7		equalized assessed valuation of all taxable property of each
8		school district as of September 30 of the previous year. The
9		equalized assessed valuation utilized shall be obtained and
10		determined as provided in subsection (G).
11		(3) For school districts maintaining grades kindergarten
12		through 12, local property tax revenues per pupil shall be
13		calculated as the product of the applicable equalized assessed
14		valuation for the district multiplied by 3.00%, and divided by
15		the district's Average Daily Attendance figure. For school
16		districts maintaining grades kindergarten through 8, local
17		property tax revenues per pupil shall be calculated as the
18		product of the applicable equalized assessed valuation for the
19		district multiplied by 2.30%, and divided by the district's
20		Average Daily Attendance figure. For school districts
21		maintaining grades 9 through 12, local property tax revenues
22		per pupil shall be the applicable equalized assessed valuation
23		of the district multiplied by 1.05%, and divided by the
24		district's Average Daily Attendance figure.
25		For partial elementary unit districts created pursuant to
26		Article 11E of this Code, local property tax revenues per pupil

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1		shall be calculated as the product of the equalized assessed
2		valuation for property within the partial elementary unit
3		district for elementary purposes, as defined in Article 11E of
4		this Code, multiplied by 2.06% and divided by the district's
5		Average Daily Attendance figure, plus the product of the
6		equalized assessed valuation for property within the partial
7		elementary unit district for high school purposes, as defined
8		in Article 11E of this Code, multiplied by 0.94% and divided by
9		the district's Average Daily Attendance figure.
10		(4) The Corporate Personal Property Replacement Taxes paid
11		to each school district during the calendar year one year
12		before the calendar year in which a school year begins, divided
13		by the Average Daily Attendance figure for that district, shall
14		be added to the local property tax revenues per pupil as
15		derived by the application of the immediately preceding
16		paragraph (3). The sum of these per pupil figures for each
17		school district shall constitute Available Local Resources as
18		that term is utilized in subsection (E) in the calculation of
19		general State aid.
20		(E) Computation of General State Aid.
21		(1) For each school year, the amount of general State aid
22		allotted to a school district shall be computed by the State
23		Board of Education as provided in this subsection.
24		(2) For any school district for which Available Local
25		Resources per pupil is less than the product of 0.93 times the

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1		Foundation Level, general State aid for that district shall be
2		calculated as an amount equal to the Foundation Level minus
3		Available Local Resources, multiplied by the Average Daily
4		Attendance of the school district.
5		(3) For any school district for which Available Local
6		Resources per pupil is equal to or greater than the product of
7		0.93 times the Foundation Level and less than the product of
8		1.75 times the Foundation Level, the general State aid per
9		pupil shall be a decimal proportion of the Foundation Level
10		derived using a linear algorithm. Under this linear algorithm,
11		the calculated general State aid per pupil shall decline in
12		direct linear fashion from 0.07 times the Foundation Level for
13		a school district with Available Local Resources equal to the
14		product of 0.93 times the Foundation Level, to 0.05 times the
15		Foundation Level for a school district with Available Local
16		Resources equal to the product of 1.75 times the Foundation
17		Level. The allocation of general State aid for school districts
18		subject to this paragraph 3 shall be the calculated general
19		State aid per pupil figure multiplied by the Average Daily
20		Attendance of the school district.
21		(4) For any school district for which Available Local
22		Resources per pupil equals or exceeds the product of 1.75 times
23		the Foundation Level, the general State aid for the school
24		district shall be calculated as the product of $218 multiplied
25		by the Average Daily Attendance of the school district.
26		(5) The amount of general State aid allocated to a school

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1		district for the 1999-2000 school year meeting the requirements
2		set forth in paragraph (4) of subsection (G) shall be increased
3		by an amount equal to the general State aid that would have
4		been received by the district for the 1998-1999 school year by
5		utilizing the Extension Limitation Equalized Assessed
6		Valuation as calculated in paragraph (4) of subsection (G) less
7		the general State aid allotted for the 1998-1999 school year.
8		This amount shall be deemed a one time increase, and shall not
9		affect any future general State aid allocations.
10		(F) Compilation of Average Daily Attendance.
11		(1) Each school district shall, by July 1 of each year,
12		submit to the State Board of Education, on forms prescribed by
13		the State Board of Education, attendance figures for the school
14		year that began in the preceding calendar year. The attendance
15		information so transmitted shall identify the average daily
16		attendance figures for each month of the school year. Beginning
17		with the general State aid claim form for the 2002-2003 school
18		year, districts shall calculate Average Daily Attendance as
19		provided in subdivisions (a), (b), and (c) of this paragraph
20		(1).
21		(a) In districts that do not hold year-round classes,
22		days of attendance in August shall be added to the month of
23		September and any days of attendance in June shall be added
24		to the month of May.
25		(b) In districts in which all buildings hold year-round

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1		classes, days of attendance in July and August shall be
2		added to the month of September and any days of attendance
3		in June shall be added to the month of May.
4		(c) In districts in which some buildings, but not all,
5		hold year-round classes, for the non-year-round buildings,
6		days of attendance in August shall be added to the month of
7		September and any days of attendance in June shall be added
8		to the month of May. The average daily attendance for the
9		year-round buildings shall be computed as provided in
10		subdivision (b) of this paragraph (1). To calculate the
11		Average Daily Attendance for the district, the average
12		daily attendance for the year-round buildings shall be
13		multiplied by the days in session for the non-year-round
14		buildings for each month and added to the monthly
15		attendance of the non-year-round buildings.
16		Except as otherwise provided in this Section, days of
17		attendance by pupils shall be counted only for sessions of not
18		less than 5 clock hours of school work per day under direct
19		supervision of: (i) teachers, or (ii) non-teaching personnel or
20		volunteer personnel when engaging in non-teaching duties and
21		supervising in those instances specified in subsection (a) of
22		Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
23		of legal school age and in kindergarten and grades 1 through
24		12. Days of attendance by pupils through verified participation
25		in an e-learning program approved by the State Board of
26		Education under Section 10-20.56 of the Code shall be

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1		considered as full days of attendance for purposes of this
2		Section.
3		Days of attendance by tuition pupils shall be accredited
4		only to the districts that pay the tuition to a recognized
5		school.
6		(2) Days of attendance by pupils of less than 5 clock hours
7		of school shall be subject to the following provisions in the
8		compilation of Average Daily Attendance.
9		(a) Pupils regularly enrolled in a public school for
10		only a part of the school day may be counted on the basis
11		of 1/6 day for every class hour of instruction of 40
12		minutes or more attended pursuant to such enrollment,
13		unless a pupil is enrolled in a block-schedule format of 80
14		minutes or more of instruction, in which case the pupil may
15		be counted on the basis of the proportion of minutes of
16		school work completed each day to the minimum number of
17		minutes that school work is required to be held that day.
18		(b) (Blank).
19		(c) A session of 4 or more clock hours may be counted
20		as a day of attendance upon certification by the regional
21		superintendent, and approved by the State Superintendent
22		of Education to the extent that the district has been
23		forced to use daily multiple sessions.
24		(d) A session of 3 or more clock hours may be counted
25		as a day of attendance (1) when the remainder of the school
26		day or at least 2 hours in the evening of that day is

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1		utilized for an in-service training program for teachers,
2		up to a maximum of 5 days per school year, provided a
3		district conducts an in-service training program for
4		teachers in accordance with Section 10-22.39 of this Code;
5		or, in lieu of 4 such days, 2 full days may be used, in
6		which event each such day may be counted as a day required
7		for a legal school calendar pursuant to Section 10-19 of
8		this Code; (1.5) when, of the 5 days allowed under item
9		(1), a maximum of 4 days are used for parent-teacher
10		conferences, or, in lieu of 4 such days, 2 full days are
11		used, in which case each such day may be counted as a
12		calendar day required under Section 10-19 of this Code,
13		provided that the full-day, parent-teacher conference
14		consists of (i) a minimum of 5 clock hours of
15		parent-teacher conferences, (ii) both a minimum of 2 clock
16		hours of parent-teacher conferences held in the evening
17		following a full day of student attendance, as specified in
18		subsection (F)(1)(c), and a minimum of 3 clock hours of
19		parent-teacher conferences held on the day immediately
20		following evening parent-teacher conferences, or (iii)
21		multiple parent-teacher conferences held in the evenings
22		following full days of student attendance, as specified in
23		subsection (F)(1)(c), in which the time used for the
24		parent-teacher conferences is equivalent to a minimum of 5
25		clock hours; and (2) when days in addition to those
26		provided in items (1) and (1.5) are scheduled by a school

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1		pursuant to its school improvement plan adopted under
2		Article 34 or its revised or amended school improvement
3		plan adopted under Article 2, provided that (i) such
4		sessions of 3 or more clock hours are scheduled to occur at
5		regular intervals, (ii) the remainder of the school days in
6		which such sessions occur are utilized for in-service
7		training programs or other staff development activities
8		for teachers, and (iii) a sufficient number of minutes of
9		school work under the direct supervision of teachers are
10		added to the school days between such regularly scheduled
11		sessions to accumulate not less than the number of minutes
12		by which such sessions of 3 or more clock hours fall short
13		of 5 clock hours. Any full days used for the purposes of
14		this paragraph shall not be considered for computing
15		average daily attendance. Days scheduled for in-service
16		training programs, staff development activities, or
17		parent-teacher conferences may be scheduled separately for
18		different grade levels and different attendance centers of
19		the district.
20		(e) A session of not less than one clock hour of
21		teaching hospitalized or homebound pupils on-site or by
22		telephone to the classroom may be counted as 1/2 day of
23		attendance, however these pupils must receive 4 or more
24		clock hours of instruction to be counted for a full day of
25		attendance.
26		(f) A session of at least 4 clock hours may be counted

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1		as a day of attendance for first grade pupils, and pupils
2		in full day kindergartens, and a session of 2 or more hours
3		may be counted as 1/2 day of attendance by pupils in
4		kindergartens which provide only 1/2 day of attendance.
5		(g) For children with disabilities who are below the
6		age of 6 years and who cannot attend 2 or more clock hours
7		because of their disability or immaturity, a session of not
8		less than one clock hour may be counted as 1/2 day of
9		attendance; however for such children whose educational
10		needs so require a session of 4 or more clock hours may be
11		counted as a full day of attendance.
12		(h) A recognized kindergarten which provides for only
13		1/2 day of attendance by each pupil shall not have more
14		than 1/2 day of attendance counted in any one day. However,
15		kindergartens may count 2 1/2 days of attendance in any 5
16		consecutive school days. When a pupil attends such a
17		kindergarten for 2 half days on any one school day, the
18		pupil shall have the following day as a day absent from
19		school, unless the school district obtains permission in
20		writing from the State Superintendent of Education.
21		Attendance at kindergartens which provide for a full day of
22		attendance by each pupil shall be counted the same as
23		attendance by first grade pupils. Only the first year of
24		attendance in one kindergarten shall be counted, except in
25		case of children who entered the kindergarten in their
26		fifth year whose educational development requires a second

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1		year of kindergarten as determined under the rules and
2		regulations of the State Board of Education.
3		(i) On the days when the assessment that includes a
4		college and career ready determination is administered
5		under subsection (c) of Section 2-3.64a-5 of this Code, the
6		day of attendance for a pupil whose school day must be
7		shortened to accommodate required testing procedures may
8		be less than 5 clock hours and shall be counted towards the
9		176 days of actual pupil attendance required under Section
10		10-19 of this Code, provided that a sufficient number of
11		minutes of school work in excess of 5 clock hours are first
12		completed on other school days to compensate for the loss
13		of school work on the examination days.
14		(j) Pupils enrolled in a remote educational program
15		established under Section 10-29 of this Code may be counted
16		on the basis of one-fifth day of attendance for every clock
17		hour of instruction attended in the remote educational
18		program, provided that, in any month, the school district
19		may not claim for a student enrolled in a remote
20		educational program more days of attendance than the
21		maximum number of days of attendance the district can claim
22		(i) for students enrolled in a building holding year-round
23		classes if the student is classified as participating in
24		the remote educational program on a year-round schedule or
25		(ii) for students enrolled in a building not holding
26		year-round classes if the student is not classified as

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1		participating in the remote educational program on a
2		year-round schedule.
3		(G) Equalized Assessed Valuation Data.
4		(1) For purposes of the calculation of Available Local
5		Resources required pursuant to subsection (D), the State Board
6		of Education shall secure from the Department of Revenue the
7		value as equalized or assessed by the Department of Revenue of
8		all taxable property of every school district, together with
9		(i) the applicable tax rate used in extending taxes for the
10		funds of the district as of September 30 of the previous year
11		and (ii) the limiting rate for all school districts subject to
12		property tax extension limitations as imposed under the
13		Property Tax Extension Limitation Law.
14		The Department of Revenue shall add to the equalized
15		assessed value of all taxable property of each school district
16		situated entirely or partially within a county that is or was
17		subject to the provisions of Section 15-176 or 15-177 of the
18		Property Tax Code (a) an amount equal to the total amount by
19		which the homestead exemption allowed under Section 15-176 or
20		15-177 of the Property Tax Code for real property situated in
21		that school district exceeds the total amount that would have
22		been allowed in that school district if the maximum reduction
23		under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
24		all other counties in tax year 2003 or (ii) $5,000 in all
25		counties in tax year 2004 and thereafter and (b) an amount

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1		equal to the aggregate amount for the taxable year of all
2		additional exemptions under Section 15-175 of the Property Tax
3		Code for owners with a household income of $30,000 or less. The
4		county clerk of any county that is or was subject to the
5		provisions of Section 15-176 or 15-177 of the Property Tax Code
6		shall annually calculate and certify to the Department of
7		Revenue for each school district all homestead exemption
8		amounts under Section 15-176 or 15-177 of the Property Tax Code
9		and all amounts of additional exemptions under Section 15-175
10		of the Property Tax Code for owners with a household income of
11		$30,000 or less. It is the intent of this paragraph that if the
12		general homestead exemption for a parcel of property is
13		determined under Section 15-176 or 15-177 of the Property Tax
14		Code rather than Section 15-175, then the calculation of
15		Available Local Resources shall not be affected by the
16		difference, if any, between the amount of the general homestead
17		exemption allowed for that parcel of property under Section
18		15-176 or 15-177 of the Property Tax Code and the amount that
19		would have been allowed had the general homestead exemption for
20		that parcel of property been determined under Section 15-175 of
21		the Property Tax Code. It is further the intent of this
22		paragraph that if additional exemptions are allowed under
23		Section 15-175 of the Property Tax Code for owners with a
24		household income of less than $30,000, then the calculation of
25		Available Local Resources shall not be affected by the
26		difference, if any, because of those additional exemptions.

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1		This equalized assessed valuation, as adjusted further by
2		the requirements of this subsection, shall be utilized in the
3		calculation of Available Local Resources.
4		(2) The equalized assessed valuation in paragraph (1) shall
5		be adjusted, as applicable, in the following manner:
6		(a) For the purposes of calculating State aid under
7		this Section, with respect to any part of a school district
8		within a redevelopment project area in respect to which a
9		municipality has adopted tax increment allocation
10		financing pursuant to the Tax Increment Allocation
11		Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
12		of the Illinois Municipal Code or the Industrial Jobs
13		Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
14		Illinois Municipal Code, no part of the current equalized
15		assessed valuation of real property located in any such
16		project area which is attributable to an increase above the
17		total initial equalized assessed valuation of such
18		property shall be used as part of the equalized assessed
19		valuation of the district, until such time as all
20		redevelopment project costs have been paid, as provided in
21		Section 11-74.4-8 of the Tax Increment Allocation
22		Redevelopment Act or in Section 11-74.6-35 of the
23		Industrial Jobs Recovery Law. For the purpose of the
24		equalized assessed valuation of the district, the total
25		initial equalized assessed valuation or the current
26		equalized assessed valuation, whichever is lower, shall be

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1		used until such time as all redevelopment project costs
2		have been paid.
3		(b) The real property equalized assessed valuation for
4		a school district shall be adjusted by subtracting from the
5		real property value as equalized or assessed by the
6		Department of Revenue for the district an amount computed
7		by dividing the amount of any abatement of taxes under
8		Section 18-170 of the Property Tax Code by 3.00% for a
9		district maintaining grades kindergarten through 12, by
10		2.30% for a district maintaining grades kindergarten
11		through 8, or by 1.05% for a district maintaining grades 9
12		through 12 and adjusted by an amount computed by dividing
13		the amount of any abatement of taxes under subsection (a)
14		of Section 18-165 of the Property Tax Code by the same
15		percentage rates for district type as specified in this
16		subparagraph (b).
17		(3) For the 1999-2000 school year and each school year
18		thereafter, if a school district meets all of the criteria of
19		this subsection (G)(3), the school district's Available Local
20		Resources shall be calculated under subsection (D) using the
21		district's Extension Limitation Equalized Assessed Valuation
22		as calculated under this subsection (G)(3).
23		For purposes of this subsection (G)(3) the following terms
24		shall have the following meanings:
25		"Budget Year": The school year for which general State
26		aid is calculated and awarded under subsection (E).

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1		"Base Tax Year": The property tax levy year used to
2		calculate the Budget Year allocation of general State aid.
3		"Preceding Tax Year": The property tax levy year
4		immediately preceding the Base Tax Year.
5		"Base Tax Year's Tax Extension": The product of the
6		equalized assessed valuation utilized by the County Clerk
7		in the Base Tax Year multiplied by the limiting rate as
8		calculated by the County Clerk and defined in the Property
9		Tax Extension Limitation Law.
10		"Preceding Tax Year's Tax Extension": The product of
11		the equalized assessed valuation utilized by the County
12		Clerk in the Preceding Tax Year multiplied by the Operating
13		Tax Rate as defined in subsection (A).
14		"Extension Limitation Ratio": A numerical ratio,
15		certified by the County Clerk, in which the numerator is
16		the Base Tax Year's Tax Extension and the denominator is
17		the Preceding Tax Year's Tax Extension.
18		"Operating Tax Rate": The operating tax rate as defined
19		in subsection (A).
20		If a school district is subject to property tax extension
21		limitations as imposed under the Property Tax Extension
22		Limitation Law, the State Board of Education shall calculate
23		the Extension Limitation Equalized Assessed Valuation of that
24		district. For the 1999-2000 school year, the Extension
25		Limitation Equalized Assessed Valuation of a school district as
26		calculated by the State Board of Education shall be equal to

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1		the product of the district's 1996 Equalized Assessed Valuation
2		and the district's Extension Limitation Ratio. Except as
3		otherwise provided in this paragraph for a school district that
4		has approved or does approve an increase in its limiting rate,
5		for the 2000-2001 school year and each school year thereafter,
6		the Extension Limitation Equalized Assessed Valuation of a
7		school district as calculated by the State Board of Education
8		shall be equal to the product of the Equalized Assessed
9		Valuation last used in the calculation of general State aid and
10		the district's Extension Limitation Ratio. If the Extension
11		Limitation Equalized Assessed Valuation of a school district as
12		calculated under this subsection (G)(3) is less than the
13		district's equalized assessed valuation as calculated pursuant
14		to subsections (G)(1) and (G)(2), then for purposes of
15		calculating the district's general State aid for the Budget
16		Year pursuant to subsection (E), that Extension Limitation
17		Equalized Assessed Valuation shall be utilized to calculate the
18		district's Available Local Resources under subsection (D). For
19		the 2009-2010 school year and each school year thereafter, if a
20		school district has approved or does approve an increase in its
21		limiting rate, pursuant to Section 18-190 of the Property Tax
22		Code, affecting the Base Tax Year, the Extension Limitation
23		Equalized Assessed Valuation of the school district, as
24		calculated by the State Board of Education, shall be equal to
25		the product of the Equalized Assessed Valuation last used in
26		the calculation of general State aid times an amount equal to

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1		one plus the percentage increase, if any, in the Consumer Price
2		Index for all Urban Consumers for all items published by the
3		United States Department of Labor for the 12-month calendar
4		year preceding the Base Tax Year, plus the Equalized Assessed
5		Valuation of new property, annexed property, and recovered tax
6		increment value and minus the Equalized Assessed Valuation of
7		disconnected property. New property and recovered tax
8		increment value shall have the meanings set forth in the
9		Property Tax Extension Limitation Law.
10		Partial elementary unit districts created in accordance
11		with Article 11E of this Code shall not be eligible for the
12		adjustment in this subsection (G)(3) until the fifth year
13		following the effective date of the reorganization.
14		(3.5) For the 2010-2011 school year and each school year
15		thereafter, if a school district's boundaries span multiple
16		counties, then the Department of Revenue shall send to the
17		State Board of Education, for the purpose of calculating
18		general State aid, the limiting rate and individual rates by
19		purpose for the county that contains the majority of the school
20		district's Equalized Assessed Valuation.
21		(4) For the purposes of calculating general State aid for
22		the 1999-2000 school year only, if a school district
23		experienced a triennial reassessment on the equalized assessed
24		valuation used in calculating its general State financial aid
25		apportionment for the 1998-1999 school year, the State Board of
26		Education shall calculate the Extension Limitation Equalized

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1		Assessed Valuation that would have been used to calculate the
2		district's 1998-1999 general State aid. This amount shall equal
3		the product of the equalized assessed valuation used to
4		calculate general State aid for the 1997-1998 school year and
5		the district's Extension Limitation Ratio. If the Extension
6		Limitation Equalized Assessed Valuation of the school district
7		as calculated under this paragraph (4) is less than the
8		district's equalized assessed valuation utilized in
9		calculating the district's 1998-1999 general State aid
10		allocation, then for purposes of calculating the district's
11		general State aid pursuant to paragraph (5) of subsection (E),
12		that Extension Limitation Equalized Assessed Valuation shall
13		be utilized to calculate the district's Available Local
14		Resources.
15		(5) For school districts having a majority of their
16		equalized assessed valuation in any county except Cook, DuPage,
17		Kane, Lake, McHenry, or Will, if the amount of general State
18		aid allocated to the school district for the 1999-2000 school
19		year under the provisions of subsection (E), (H), and (J) of
20		this Section is less than the amount of general State aid
21		allocated to the district for the 1998-1999 school year under
22		these subsections, then the general State aid of the district
23		for the 1999-2000 school year only shall be increased by the
24		difference between these amounts. The total payments made under
25		this paragraph (5) shall not exceed $14,000,000. Claims shall
26		be prorated if they exceed $14,000,000.

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1		(H) Supplemental General State Aid.
2		(1) In addition to the general State aid a school district
3		is allotted pursuant to subsection (E), qualifying school
4		districts shall receive a grant, paid in conjunction with a
5		district's payments of general State aid, for supplemental
6		general State aid based upon the concentration level of
7		children from low-income households within the school
8		district. Supplemental State aid grants provided for school
9		districts under this subsection shall be appropriated for
10		distribution to school districts as part of the same line item
11		in which the general State financial aid of school districts is
12		appropriated under this Section.
13		(1.5) This paragraph (1.5) applies only to those school
14		years preceding the 2003-2004 school year. For purposes of this
15		subsection (H), the term "Low-Income Concentration Level"
16		shall be the low-income eligible pupil count from the most
17		recently available federal census divided by the Average Daily
18		Attendance of the school district. If, however, (i) the
19		percentage decrease from the 2 most recent federal censuses in
20		the low-income eligible pupil count of a high school district
21		with fewer than 400 students exceeds by 75% or more the
22		percentage change in the total low-income eligible pupil count
23		of contiguous elementary school districts, whose boundaries
24		are coterminous with the high school district, or (ii) a high
25		school district within 2 counties and serving 5 elementary

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1		school districts, whose boundaries are coterminous with the
2		high school district, has a percentage decrease from the 2 most
3		recent federal censuses in the low-income eligible pupil count
4		and there is a percentage increase in the total low-income
5		eligible pupil count of a majority of the elementary school
6		districts in excess of 50% from the 2 most recent federal
7		censuses, then the high school district's low-income eligible
8		pupil count from the earlier federal census shall be the number
9		used as the low-income eligible pupil count for the high school
10		district, for purposes of this subsection (H). The changes made
11		to this paragraph (1) by Public Act 92-28 shall apply to
12		supplemental general State aid grants for school years
13		preceding the 2003-2004 school year that are paid in fiscal
14		year 1999 or thereafter and to any State aid payments made in
15		fiscal year 1994 through fiscal year 1998 pursuant to
16		subsection 1(n) of Section 18-8 of this Code (which was
17		repealed on July 1, 1998), and any high school district that is
18		affected by Public Act 92-28 is entitled to a recomputation of
19		its supplemental general State aid grant or State aid paid in
20		any of those fiscal years. This recomputation shall not be
21		affected by any other funding.
22		(1.10) This paragraph (1.10) applies to the 2003-2004
23		school year and each school year thereafter. For purposes of
24		this subsection (H), the term "Low-Income Concentration Level"
25		shall, for each fiscal year, be the low-income eligible pupil
26		count as of July 1 of the immediately preceding fiscal year (as

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1		determined by the Department of Human Services based on the
2		number of pupils who are eligible for at least one of the
3		following low income programs: Medicaid, the Children's Health
4		Insurance Program, TANF, or Food Stamps, excluding pupils who
5		are eligible for services provided by the Department of
6		Children and Family Services, averaged over the 2 immediately
7		preceding fiscal years for fiscal year 2004 and over the 3
8		immediately preceding fiscal years for each fiscal year
9		thereafter) divided by the Average Daily Attendance of the
10		school district.
11		(2) Supplemental general State aid pursuant to this
12		subsection (H) shall be provided as follows for the 1998-1999,
13		1999-2000, and 2000-2001 school years only:
14		(a) For any school district with a Low Income
15		Concentration Level of at least 20% and less than 35%, the
16		grant for any school year shall be $800 multiplied by the
17		low income eligible pupil count.
18		(b) For any school district with a Low Income
19		Concentration Level of at least 35% and less than 50%, the
20		grant for the 1998-1999 school year shall be $1,100
21		multiplied by the low income eligible pupil count.
22		(c) For any school district with a Low Income
23		Concentration Level of at least 50% and less than 60%, the
24		grant for the 1998-99 school year shall be $1,500
25		multiplied by the low income eligible pupil count.
26		(d) For any school district with a Low Income

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1		Concentration Level of 60% or more, the grant for the
2		1998-99 school year shall be $1,900 multiplied by the low
3		income eligible pupil count.
4		(e) For the 1999-2000 school year, the per pupil amount
5		specified in subparagraphs (b), (c), and (d) immediately
6		above shall be increased to $1,243, $1,600, and $2,000,
7		respectively.
8		(f) For the 2000-2001 school year, the per pupil
9		amounts specified in subparagraphs (b), (c), and (d)
10		immediately above shall be $1,273, $1,640, and $2,050,
11		respectively.
12		(2.5) Supplemental general State aid pursuant to this
13		subsection (H) shall be provided as follows for the 2002-2003
14		school year:
15		(a) For any school district with a Low Income
16		Concentration Level of less than 10%, the grant for each
17		school year shall be $355 multiplied by the low income
18		eligible pupil count.
19		(b) For any school district with a Low Income
20		Concentration Level of at least 10% and less than 20%, the
21		grant for each school year shall be $675 multiplied by the
22		low income eligible pupil count.
23		(c) For any school district with a Low Income
24		Concentration Level of at least 20% and less than 35%, the
25		grant for each school year shall be $1,330 multiplied by
26		the low income eligible pupil count.

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1		(d) For any school district with a Low Income
2		Concentration Level of at least 35% and less than 50%, the
3		grant for each school year shall be $1,362 multiplied by
4		the low income eligible pupil count.
5		(e) For any school district with a Low Income
6		Concentration Level of at least 50% and less than 60%, the
7		grant for each school year shall be $1,680 multiplied by
8		the low income eligible pupil count.
9		(f) For any school district with a Low Income
10		Concentration Level of 60% or more, the grant for each
11		school year shall be $2,080 multiplied by the low income
12		eligible pupil count.
13		(2.10) Except as otherwise provided, supplemental general
14		State aid pursuant to this subsection (H) shall be provided as
15		follows for the 2003-2004 school year and each school year
16		thereafter:
17		(a) For any school district with a Low Income
18		Concentration Level of 15% or less, the grant for each
19		school year shall be $355 multiplied by the low income
20		eligible pupil count.
21		(b) For any school district with a Low Income
22		Concentration Level greater than 15%, the grant for each
23		school year shall be $294.25 added to the product of $2,700
24		and the square of the Low Income Concentration Level, all
25		multiplied by the low income eligible pupil count.
26		For the 2003-2004 school year and each school year

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1		thereafter through the 2008-2009 school year only, the grant
2		shall be no less than the grant for the 2002-2003 school year.
3		For the 2009-2010 school year only, the grant shall be no less
4		than the grant for the 2002-2003 school year multiplied by
5		0.66. For the 2010-2011 school year only, the grant shall be no
6		less than the grant for the 2002-2003 school year multiplied by
7		0.33. Notwithstanding the provisions of this paragraph to the
8		contrary, if for any school year supplemental general State aid
9		grants are prorated as provided in paragraph (1) of this
10		subsection (H), then the grants under this paragraph shall be
11		prorated.
12		For the 2003-2004 school year only, the grant shall be no
13		greater than the grant received during the 2002-2003 school
14		year added to the product of 0.25 multiplied by the difference
15		between the grant amount calculated under subsection (a) or (b)
16		of this paragraph (2.10), whichever is applicable, and the
17		grant received during the 2002-2003 school year. For the
18		2004-2005 school year only, the grant shall be no greater than
19		the grant received during the 2002-2003 school year added to
20		the product of 0.50 multiplied by the difference between the
21		grant amount calculated under subsection (a) or (b) of this
22		paragraph (2.10), whichever is applicable, and the grant
23		received during the 2002-2003 school year. For the 2005-2006
24		school year only, the grant shall be no greater than the grant
25		received during the 2002-2003 school year added to the product
26		of 0.75 multiplied by the difference between the grant amount

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1		calculated under subsection (a) or (b) of this paragraph
2		(2.10), whichever is applicable, and the grant received during
3		the 2002-2003 school year.
4		(3) School districts with an Average Daily Attendance of
5		more than 1,000 and less than 50,000 that qualify for
6		supplemental general State aid pursuant to this subsection
7		shall submit a plan to the State Board of Education prior to
8		October 30 of each year for the use of the funds resulting from
9		this grant of supplemental general State aid for the
10		improvement of instruction in which priority is given to
11		meeting the education needs of disadvantaged children. Such
12		plan shall be submitted in accordance with rules and
13		regulations promulgated by the State Board of Education.
14		(4) School districts with an Average Daily Attendance of
15		50,000 or more that qualify for supplemental general State aid
16		pursuant to this subsection shall be required to distribute
17		from funds available pursuant to this Section, no less than
18		$261,000,000 in accordance with the following requirements:
19		(a) The required amounts shall be distributed to the
20		attendance centers within the district in proportion to the
21		number of pupils enrolled at each attendance center who are
22		eligible to receive free or reduced-price lunches or
23		breakfasts under the federal Child Nutrition Act of 1966
24		and under the National School Lunch Act during the
25		immediately preceding school year.
26		(b) The distribution of these portions of supplemental

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1		and general State aid among attendance centers according to
2		these requirements shall not be compensated for or
3		contravened by adjustments of the total of other funds
4		appropriated to any attendance centers, and the Board of
5		Education shall utilize funding from one or several sources
6		in order to fully implement this provision annually prior
7		to the opening of school.
8		(c) Each attendance center shall be provided by the
9		school district a distribution of noncategorical funds and
10		other categorical funds to which an attendance center is
11		entitled under law in order that the general State aid and
12		supplemental general State aid provided by application of
13		this subsection supplements rather than supplants the
14		noncategorical funds and other categorical funds provided
15		by the school district to the attendance centers.
16		(d) Any funds made available under this subsection that
17		by reason of the provisions of this subsection are not
18		required to be allocated and provided to attendance centers
19		may be used and appropriated by the board of the district
20		for any lawful school purpose.
21		(e) Funds received by an attendance center pursuant to
22		this subsection shall be used by the attendance center at
23		the discretion of the principal and local school council
24		for programs to improve educational opportunities at
25		qualifying schools through the following programs and
26		services: early childhood education, reduced class size or

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1		improved adult to student classroom ratio, enrichment
2		programs, remedial assistance, attendance improvement, and
3		other educationally beneficial expenditures which
4		supplement the regular and basic programs as determined by
5		the State Board of Education. Funds provided shall not be
6		expended for any political or lobbying purposes as defined
7		by board rule.
8		(f) Each district subject to the provisions of this
9		subdivision (H)(4) shall submit an acceptable plan to meet
10		the educational needs of disadvantaged children, in
11		compliance with the requirements of this paragraph, to the
12		State Board of Education prior to July 15 of each year.
13		This plan shall be consistent with the decisions of local
14		school councils concerning the school expenditure plans
15		developed in accordance with part 4 of Section 34-2.3. The
16		State Board shall approve or reject the plan within 60 days
17		after its submission. If the plan is rejected, the district
18		shall give written notice of intent to modify the plan
19		within 15 days of the notification of rejection and then
20		submit a modified plan within 30 days after the date of the
21		written notice of intent to modify. Districts may amend
22		approved plans pursuant to rules promulgated by the State
23		Board of Education.
24		Upon notification by the State Board of Education that
25		the district has not submitted a plan prior to July 15 or a
26		modified plan within the time period specified herein, the

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1		State aid funds affected by that plan or modified plan
2		shall be withheld by the State Board of Education until a
3		plan or modified plan is submitted.
4		If the district fails to distribute State aid to
5		attendance centers in accordance with an approved plan, the
6		plan for the following year shall allocate funds, in
7		addition to the funds otherwise required by this
8		subsection, to those attendance centers which were
9		underfunded during the previous year in amounts equal to
10		such underfunding.
11		For purposes of determining compliance with this
12		subsection in relation to the requirements of attendance
13		center funding, each district subject to the provisions of
14		this subsection shall submit as a separate document by
15		December 1 of each year a report of expenditure data for
16		the prior year in addition to any modification of its
17		current plan. If it is determined that there has been a
18		failure to comply with the expenditure provisions of this
19		subsection regarding contravention or supplanting, the
20		State Superintendent of Education shall, within 60 days of
21		receipt of the report, notify the district and any affected
22		local school council. The district shall within 45 days of
23		receipt of that notification inform the State
24		Superintendent of Education of the remedial or corrective
25		action to be taken, whether by amendment of the current
26		plan, if feasible, or by adjustment in the plan for the

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1		following year. Failure to provide the expenditure report
2		or the notification of remedial or corrective action in a
3		timely manner shall result in a withholding of the affected
4		funds.
5		The State Board of Education shall promulgate rules and
6		regulations to implement the provisions of this
7		subsection. No funds shall be released under this
8		subdivision (H)(4) to any district that has not submitted a
9		plan that has been approved by the State Board of
10		Education.
11		(I) (Blank).
12		(J) (Blank).
13		(K) Grants to Laboratory and Alternative Schools.
14		In calculating the amount to be paid to the governing board
15		of a public university that operates a laboratory school under
16		this Section or to any alternative school that is operated by a
17		regional superintendent of schools, the State Board of
18		Education shall require by rule such reporting requirements as
19		it deems necessary.
20		As used in this Section, "laboratory school" means a public
21		school which is created and operated by a public university and
22		approved by the State Board of Education. The governing board
23		of a public university which receives funds from the State

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1		Board under this subsection (K) may not increase the number of
2		students enrolled in its laboratory school from a single
3		district, if that district is already sending 50 or more
4		students, except under a mutual agreement between the school
5		board of a student's district of residence and the university
6		which operates the laboratory school. A laboratory school may
7		not have more than 1,000 students, excluding students with
8		disabilities in a special education program.
9		As used in this Section, "alternative school" means a
10		public school which is created and operated by a Regional
11		Superintendent of Schools and approved by the State Board of
12		Education. Such alternative schools may offer courses of
13		instruction for which credit is given in regular school
14		programs, courses to prepare students for the high school
15		equivalency testing program or vocational and occupational
16		training. A regional superintendent of schools may contract
17		with a school district or a public community college district
18		to operate an alternative school. An alternative school serving
19		more than one educational service region may be established by
20		the regional superintendents of schools of the affected
21		educational service regions. An alternative school serving
22		more than one educational service region may be operated under
23		such terms as the regional superintendents of schools of those
24		educational service regions may agree.
25		Each laboratory and alternative school shall file, on forms
26		provided by the State Superintendent of Education, an annual

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1		State aid claim which states the Average Daily Attendance of
2		the school's students by month. The best 3 months' Average
3		Daily Attendance shall be computed for each school. The general
4		State aid entitlement shall be computed by multiplying the
5		applicable Average Daily Attendance by the Foundation Level as
6		determined under this Section.
7		(L) Payments, Additional Grants in Aid and Other Requirements.
8		(1) For a school district operating under the financial
9		supervision of an Authority created under Article 34A, the
10		general State aid otherwise payable to that district under this
11		Section, but not the supplemental general State aid, shall be
12		reduced by an amount equal to the budget for the operations of
13		the Authority as certified by the Authority to the State Board
14		of Education, and an amount equal to such reduction shall be
15		paid to the Authority created for such district for its
16		operating expenses in the manner provided in Section 18-11. The
17		remainder of general State school aid for any such district
18		shall be paid in accordance with Article 34A when that Article
19		provides for a disposition other than that provided by this
20		Article.
21		(2) (Blank).
22		(3) Summer school. Summer school payments shall be made as
23		provided in Section 18-4.3.
24		(M) Education Funding Advisory Board.

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1		The Education Funding Advisory Board, hereinafter in this
2		subsection (M) referred to as the "Board", is hereby created.
3		The Board shall consist of 5 members who are appointed by the
4		Governor, by and with the advice and consent of the Senate. The
5		members appointed shall include representatives of education,
6		business, and the general public. One of the members so
7		appointed shall be designated by the Governor at the time the
8		appointment is made as the chairperson of the Board. The
9		initial members of the Board may be appointed any time after
10		the effective date of this amendatory Act of 1997. The regular
11		term of each member of the Board shall be for 4 years from the
12		third Monday of January of the year in which the term of the
13		member's appointment is to commence, except that of the 5
14		initial members appointed to serve on the Board, the member who
15		is appointed as the chairperson shall serve for a term that
16		commences on the date of his or her appointment and expires on
17		the third Monday of January, 2002, and the remaining 4 members,
18		by lots drawn at the first meeting of the Board that is held
19		after all 5 members are appointed, shall determine 2 of their
20		number to serve for terms that commence on the date of their
21		respective appointments and expire on the third Monday of
22		January, 2001, and 2 of their number to serve for terms that
23		commence on the date of their respective appointments and
24		expire on the third Monday of January, 2000. All members
25		appointed to serve on the Board shall serve until their
26		respective successors are appointed and confirmed. Vacancies

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1		shall be filled in the same manner as original appointments. If
2		a vacancy in membership occurs at a time when the Senate is not
3		in session, the Governor shall make a temporary appointment
4		until the next meeting of the Senate, when he or she shall
5		appoint, by and with the advice and consent of the Senate, a
6		person to fill that membership for the unexpired term. If the
7		Senate is not in session when the initial appointments are
8		made, those appointments shall be made as in the case of
9		vacancies.
10		The Education Funding Advisory Board shall be deemed
11		established, and the initial members appointed by the Governor
12		to serve as members of the Board shall take office, on the date
13		that the Governor makes his or her appointment of the fifth
14		initial member of the Board, whether those initial members are
15		then serving pursuant to appointment and confirmation or
16		pursuant to temporary appointments that are made by the
17		Governor as in the case of vacancies.
18		The State Board of Education shall provide such staff
19		assistance to the Education Funding Advisory Board as is
20		reasonably required for the proper performance by the Board of
21		its responsibilities.
22		For school years after the 2000-2001 school year, the
23		Education Funding Advisory Board, in consultation with the
24		State Board of Education, shall make recommendations as
25		provided in this subsection (M) to the General Assembly for the
26		foundation level under subdivision (B)(3) of this Section and

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1		for the supplemental general State aid grant level under
2		subsection (H) of this Section for districts with high
3		concentrations of children from poverty. The recommended
4		foundation level shall be determined based on a methodology
5		which incorporates the basic education expenditures of
6		low-spending schools exhibiting high academic performance. The
7		Education Funding Advisory Board shall make such
8		recommendations to the General Assembly on January 1 of odd
9		numbered years, beginning January 1, 2001.
10		(N) (Blank).
11		(O) References.
12		(1) References in other laws to the various subdivisions of
13		Section 18-8 as that Section existed before its repeal and
14		replacement by this Section 18-8.05 shall be deemed to refer to
15		the corresponding provisions of this Section 18-8.05, to the
16		extent that those references remain applicable.
17		(2) References in other laws to State Chapter 1 funds shall
18		be deemed to refer to the supplemental general State aid
19		provided under subsection (H) of this Section.
20		(P) Public Act 93-838 and Public Act 93-808 make inconsistent
21		changes to this Section. Under Section 6 of the Statute on
22		Statutes there is an irreconcilable conflict between Public Act
23		93-808 and Public Act 93-838. Public Act 93-838, being the last

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1		acted upon, is controlling. The text of Public Act 93-838 is
2		the law regardless of the text of Public Act 93-808.
3		(Q) State Fiscal Year 2015 Payments.
4		For payments made for State fiscal year 2015, the State
5		Board of Education shall, for each school district, calculate
6		that district's pro-rata share of a minimum sum of $13,600,000
7		or additional amounts as needed from the total net General
8		State Aid funding as calculated under this Section that shall
9		be deemed attributable to the provision of special educational
10		facilities and services, as defined in Section 14-1.08 of this
11		Code, in a manner that ensures compliance with maintenance of
12		State financial support requirements under the federal
13		Individuals with Disabilities Education Act. Each school
14		district must use such funds only for the provision of special
15		educational facilities and services, as defined in Section
16		14-1.08 of this Code, and must comply with any expenditure
17		verification procedures adopted by the State Board of
18		Education.
19		(R) State Fiscal Year 2016 Payments.
20		For payments made for State fiscal year 2016, the State
21		Board of Education shall, for each school district, calculate
22		that district's pro rata share of a minimum sum of $1 or
23		additional amounts as needed from the total net General State
24		Aid funding as calculated under this Section that shall be

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1		deemed attributable to the provision of special educational
2		facilities and services, as defined in Section 14-1.08 of this
3		Code, in a manner that ensures compliance with maintenance of
4		State financial support requirements under the federal
5		Individuals with Disabilities Education Act. Each school
6		district must use such funds only for the provision of special
7		educational facilities and services, as defined in Section
8		14-1.08 of this Code, and must comply with any expenditure
9		verification procedures adopted by the State Board of
10		Education.
11		(Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15; 99-194,
12		eff. 7-30-15.)
13		Section 5-40. The Board of Higher Education Act is amended
14		by adding Section 9.35 as follows:
15		(110 ILCS 205/9.35 new)
16		Sec. 9.35. Assistance in financial emergencies.
17		(a) In this Section, "financial emergency" means a
18		situation that requires a reduction or reallocation of staff
19		and expenditures and the consequent reduction, reorganization,
20		or termination of programs and activities that cannot be
21		achieved through normal academic, administrative, budgetary,
22		and personnel processes.
23		(b) In fiscal year 2017 the Board, in consultation with the
24		Illinois Community College Board, shall conduct a review to

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1		determine the existence of a financial emergency at a public
2		institution of higher education that requires financial
3		assistance from the Board, but only after the institution's
4		governing board has formally requested the review by adopting a
5		resolution stating that the institution is in a state of
6		financial emergency that requires financial assistance from
7		the Board. To be in a state of financial emergency, the
8		institution must demonstrate that it is significantly
9		diminishing all available resources and must satisfy any other
10		factors determined appropriate by the Board. Subject to
11		appropriation, payments shall be made to institutions in a
12		state of financial emergency, in such amounts as shall be
13		deemed necessary by the Board, in order to minimize, to the
14		extent practicable, adverse impacts to students as a
15		consequence of emergent staff or programmatic reductions.
16		ARTICLE 10. RETIREMENT CONTRIBUTIONS
17		Section 10-5. The State Finance Act is amended by changing
18		Sections 8.12 and 14.1 as follows:
19		(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
20		Sec. 8.12. State Pensions Fund.
21		(a) The moneys in the State Pensions Fund shall be used
22		exclusively for the administration of the Uniform Disposition
23		of Unclaimed Property Act and for the expenses incurred by the

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1		Auditor General for administering the provisions of Section
2		2-8.1 of the Illinois State Auditing Act and for the funding of
3		the unfunded liabilities of the designated retirement systems.
4		Beginning in State fiscal year 2018 2017, payments to the
5		designated retirement systems under this Section shall be in
6		addition to, and not in lieu of, any State contributions
7		required under the Illinois Pension Code.
8		"Designated retirement systems" means:
9		(1) the State Employees' Retirement System of
10		Illinois;
11		(2) the Teachers' Retirement System of the State of
12		Illinois;
13		(3) the State Universities Retirement System;
14		(4) the Judges Retirement System of Illinois; and
15		(5) the General Assembly Retirement System.
16		(b) Each year the General Assembly may make appropriations
17		from the State Pensions Fund for the administration of the
18		Uniform Disposition of Unclaimed Property Act.
19		Each month, the Commissioner of the Office of Banks and
20		Real Estate shall certify to the State Treasurer the actual
21		expenditures that the Office of Banks and Real Estate incurred
22		conducting unclaimed property examinations under the Uniform
23		Disposition of Unclaimed Property Act during the immediately
24		preceding month. Within a reasonable time following the
25		acceptance of such certification by the State Treasurer, the
26		State Treasurer shall pay from its appropriation from the State

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1		Pensions Fund to the Bank and Trust Company Fund, the Savings
2		Bank Regulatory Fund, and the Residential Finance Regulatory
3		Fund an amount equal to the expenditures incurred by each Fund
4		for that month.
5		Each month, the Director of Financial Institutions shall
6		certify to the State Treasurer the actual expenditures that the
7		Department of Financial Institutions incurred conducting
8		unclaimed property examinations under the Uniform Disposition
9		of Unclaimed Property Act during the immediately preceding
10		month. Within a reasonable time following the acceptance of
11		such certification by the State Treasurer, the State Treasurer
12		shall pay from its appropriation from the State Pensions Fund
13		to the Financial Institution Fund and the Credit Union Fund an
14		amount equal to the expenditures incurred by each Fund for that
15		month.
16		(c) As soon as possible after the effective date of this
17		amendatory Act of the 93rd General Assembly, the General
18		Assembly shall appropriate from the State Pensions Fund (1) to
19		the State Universities Retirement System the amount certified
20		under Section 15-165 during the prior year, (2) to the Judges
21		Retirement System of Illinois the amount certified under
22		Section 18-140 during the prior year, and (3) to the General
23		Assembly Retirement System the amount certified under Section
24		2-134 during the prior year as part of the required State
25		contributions to each of those designated retirement systems;
26		except that amounts appropriated under this subsection (c) in

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1		State fiscal year 2005 shall not reduce the amount in the State
2		Pensions Fund below $5,000,000. If the amount in the State
3		Pensions Fund does not exceed the sum of the amounts certified
4		in Sections 15-165, 18-140, and 2-134 by at least $5,000,000,
5		the amount paid to each designated retirement system under this
6		subsection shall be reduced in proportion to the amount
7		certified by each of those designated retirement systems.
8		(c-5) For fiscal years 2006 through 2017 2016, the General
9		Assembly shall appropriate from the State Pensions Fund to the
10		State Universities Retirement System the amount estimated to be
11		available during the fiscal year in the State Pensions Fund;
12		provided, however, that the amounts appropriated under this
13		subsection (c-5) shall not reduce the amount in the State
14		Pensions Fund below $5,000,000.
15		(c-6) For fiscal year 2018 2017 and each fiscal year
16		thereafter, as soon as may be practical after any money is
17		deposited into the State Pensions Fund from the Unclaimed
18		Property Trust Fund, the State Treasurer shall apportion the
19		deposited amount among the designated retirement systems as
20		defined in subsection (a) to reduce their actuarial reserve
21		deficiencies. The State Comptroller and State Treasurer shall
22		pay the apportioned amounts to the designated retirement
23		systems to fund the unfunded liabilities of the designated
24		retirement systems. The amount apportioned to each designated
25		retirement system shall constitute a portion of the amount
26		estimated to be available for appropriation from the State

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1		Pensions Fund that is the same as that retirement system's
2		portion of the total actual reserve deficiency of the systems,
3		as determined annually by the Governor's Office of Management
4		and Budget at the request of the State Treasurer. The amounts
5		apportioned under this subsection shall not reduce the amount
6		in the State Pensions Fund below $5,000,000.
7		(d) The Governor's Office of Management and Budget shall
8		determine the individual and total reserve deficiencies of the
9		designated retirement systems. For this purpose, the
10		Governor's Office of Management and Budget shall utilize the
11		latest available audit and actuarial reports of each of the
12		retirement systems and the relevant reports and statistics of
13		the Public Employee Pension Fund Division of the Department of
14		Insurance.
15		(d-1) As soon as practicable after the effective date of
16		this amendatory Act of the 93rd General Assembly, the
17		Comptroller shall direct and the Treasurer shall transfer from
18		the State Pensions Fund to the General Revenue Fund, as funds
19		become available, a sum equal to the amounts that would have
20		been paid from the State Pensions Fund to the Teachers'
21		Retirement System of the State of Illinois, the State
22		Universities Retirement System, the Judges Retirement System
23		of Illinois, the General Assembly Retirement System, and the
24		State Employees' Retirement System of Illinois after the
25		effective date of this amendatory Act during the remainder of
26		fiscal year 2004 to the designated retirement systems from the

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1		appropriations provided for in this Section if the transfers
2		provided in Section 6z-61 had not occurred. The transfers
3		described in this subsection (d-1) are to partially repay the
4		General Revenue Fund for the costs associated with the bonds
5		used to fund the moneys transferred to the designated
6		retirement systems under Section 6z-61.
7		(e) The changes to this Section made by this amendatory Act
8		of 1994 shall first apply to distributions from the Fund for
9		State fiscal year 1996.
10		(Source: P.A. 98-24, eff. 6-19-13; 98-463, eff. 8-16-13;
11		98-674, eff. 6-30-14; 98-1081, eff. 1-1-15; 99-8, eff. 7-9-15;
12		99-78, eff. 7-20-15.)
13		(30 ILCS 105/14.1) (from Ch. 127, par. 150.1)
14		Sec. 14.1. Appropriations for State contributions to the
15		State Employees' Retirement System; payroll requirements.
16		(a) Appropriations for State contributions to the State
17		Employees' Retirement System of Illinois shall be expended in
18		the manner provided in this Section. Except as otherwise
19		provided in subsections (a-1), (a-2), (a-3), and (a-4) at the
20		time of each payment of salary to an employee under the
21		personal services line item, payment shall be made to the State
22		Employees' Retirement System, from the amount appropriated for
23		State contributions to the State Employees' Retirement System,
24		of an amount calculated at the rate certified for the
25		applicable fiscal year by the Board of Trustees of the State

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1		Employees' Retirement System under Section 14-135.08 of the
2		Illinois Pension Code. If a line item appropriation to an
3		employer for this purpose is exhausted or is unavailable due to
4		any limitation on appropriations that may apply, (including,
5		but not limited to, limitations on appropriations from the Road
6		Fund under Section 8.3 of the State Finance Act), the amounts
7		shall be paid under the continuing appropriation for this
8		purpose contained in the State Pension Funds Continuing
9		Appropriation Act.
10		(a-1) Beginning on the effective date of this amendatory
11		Act of the 93rd General Assembly through the payment of the
12		final payroll from fiscal year 2004 appropriations,
13		appropriations for State contributions to the State Employees'
14		Retirement System of Illinois shall be expended in the manner
15		provided in this subsection (a-1). At the time of each payment
16		of salary to an employee under the personal services line item
17		from a fund other than the General Revenue Fund, payment shall
18		be made for deposit into the General Revenue Fund from the
19		amount appropriated for State contributions to the State
20		Employees' Retirement System of an amount calculated at the
21		rate certified for fiscal year 2004 by the Board of Trustees of
22		the State Employees' Retirement System under Section 14-135.08
23		of the Illinois Pension Code. This payment shall be made to the
24		extent that a line item appropriation to an employer for this
25		purpose is available or unexhausted. No payment from
26		appropriations for State contributions shall be made in

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1		conjunction with payment of salary to an employee under the
2		personal services line item from the General Revenue Fund.
3		(a-2) For fiscal year 2010 only, at the time of each
4		payment of salary to an employee under the personal services
5		line item from a fund other than the General Revenue Fund,
6		payment shall be made for deposit into the State Employees'
7		Retirement System of Illinois from the amount appropriated for
8		State contributions to the State Employees' Retirement System
9		of Illinois of an amount calculated at the rate certified for
10		fiscal year 2010 by the Board of Trustees of the State
11		Employees' Retirement System of Illinois under Section
12		14-135.08 of the Illinois Pension Code. This payment shall be
13		made to the extent that a line item appropriation to an
14		employer for this purpose is available or unexhausted. For
15		fiscal year 2010 only, no payment from appropriations for State
16		contributions shall be made in conjunction with payment of
17		salary to an employee under the personal services line item
18		from the General Revenue Fund.
19		(a-3) For fiscal year 2011 only, at the time of each
20		payment of salary to an employee under the personal services
21		line item from a fund other than the General Revenue Fund,
22		payment shall be made for deposit into the State Employees'
23		Retirement System of Illinois from the amount appropriated for
24		State contributions to the State Employees' Retirement System
25		of Illinois of an amount calculated at the rate certified for
26		fiscal year 2011 by the Board of Trustees of the State

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1		Employees' Retirement System of Illinois under Section
2		14-135.08 of the Illinois Pension Code. This payment shall be
3		made to the extent that a line item appropriation to an
4		employer for this purpose is available or unexhausted. For
5		fiscal year 2011 only, no payment from appropriations for State
6		contributions shall be made in conjunction with payment of
7		salary to an employee under the personal services line item
8		from the General Revenue Fund.
9		(a-4) In fiscal years 2012 through 2017 2016 only, at the
10		time of each payment of salary to an employee under the
11		personal services line item from a fund other than the General
12		Revenue Fund, payment shall be made for deposit into the State
13		Employees' Retirement System of Illinois from the amount
14		appropriated for State contributions to the State Employees'
15		Retirement System of Illinois of an amount calculated at the
16		rate certified for the applicable fiscal year by the Board of
17		Trustees of the State Employees' Retirement System of Illinois
18		under Section 14-135.08 of the Illinois Pension Code. In fiscal
19		years 2012 through 2017 2016 only, no payment from
20		appropriations for State contributions shall be made in
21		conjunction with payment of salary to an employee under the
22		personal services line item from the General Revenue Fund.
23		(b) Except during the period beginning on the effective
24		date of this amendatory Act of the 93rd General Assembly and
25		ending at the time of the payment of the final payroll from
26		fiscal year 2004 appropriations, the State Comptroller shall

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1		not approve for payment any payroll voucher that (1) includes
2		payments of salary to eligible employees in the State
3		Employees' Retirement System of Illinois and (2) does not
4		include the corresponding payment of State contributions to
5		that retirement system at the full rate certified under Section
6		14-135.08 for that fiscal year for eligible employees, unless
7		the balance in the fund on which the payroll voucher is drawn
8		is insufficient to pay the total payroll voucher, or
9		unavailable due to any limitation on appropriations that may
10		apply, including, but not limited to, limitations on
11		appropriations from the Road Fund under Section 8.3 of the
12		State Finance Act. If the State Comptroller approves a payroll
13		voucher under this Section for which the fund balance is
14		insufficient to pay the full amount of the required State
15		contribution to the State Employees' Retirement System, the
16		Comptroller shall promptly so notify the Retirement System.
17		(b-1) For fiscal year 2010 and fiscal year 2011 only, the
18		State Comptroller shall not approve for payment any non-General
19		Revenue Fund payroll voucher that (1) includes payments of
20		salary to eligible employees in the State Employees' Retirement
21		System of Illinois and (2) does not include the corresponding
22		payment of State contributions to that retirement system at the
23		full rate certified under Section 14-135.08 for that fiscal
24		year for eligible employees, unless the balance in the fund on
25		which the payroll voucher is drawn is insufficient to pay the
26		total payroll voucher, or unavailable due to any limitation on

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1		appropriations that may apply, including, but not limited to,
2		limitations on appropriations from the Road Fund under Section
3		8.3 of the State Finance Act. If the State Comptroller approves
4		a payroll voucher under this Section for which the fund balance
5		is insufficient to pay the full amount of the required State
6		contribution to the State Employees' Retirement System of
7		Illinois, the Comptroller shall promptly so notify the
8		retirement system.
9		(c) Notwithstanding any other provisions of law, beginning
10		July 1, 2007, required State and employee contributions to the
11		State Employees' Retirement System of Illinois relating to
12		affected legislative staff employees shall be paid out of
13		moneys appropriated for that purpose to the Commission on
14		Government Forecasting and Accountability, rather than out of
15		the lump-sum appropriations otherwise made for the payroll and
16		other costs of those employees.
17		These payments must be made pursuant to payroll vouchers
18		submitted by the employing entity as part of the regular
19		payroll voucher process.
20		For the purpose of this subsection, "affected legislative
21		staff employees" means legislative staff employees paid out of
22		lump-sum appropriations made to the General Assembly, an
23		Officer of the General Assembly, or the Senate Operations
24		Commission, but does not include district-office staff or
25		employees of legislative support services agencies.
26		(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,

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1		eff. 7-9-15.)
2		Section 10-10. The Illinois Pension Code is amended by
3		changing Section 14-131 as follows:
4		(40 ILCS 5/14-131)
5		Sec. 14-131. Contributions by State.
6		(a) The State shall make contributions to the System by
7		appropriations of amounts which, together with other employer
8		contributions from trust, federal, and other funds, employee
9		contributions, investment income, and other income, will be
10		sufficient to meet the cost of maintaining and administering
11		the System on a 90% funded basis in accordance with actuarial
12		recommendations.
13		For the purposes of this Section and Section 14-135.08,
14		references to State contributions refer only to employer
15		contributions and do not include employee contributions that
16		are picked up or otherwise paid by the State or a department on
17		behalf of the employee.
18		(b) The Board shall determine the total amount of State
19		contributions required for each fiscal year on the basis of the
20		actuarial tables and other assumptions adopted by the Board,
21		using the formula in subsection (e).
22		The Board shall also determine a State contribution rate
23		for each fiscal year, expressed as a percentage of payroll,
24		based on the total required State contribution for that fiscal

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1		year (less the amount received by the System from
2		appropriations under Section 8.12 of the State Finance Act and
3		Section 1 of the State Pension Funds Continuing Appropriation
4		Act, if any, for the fiscal year ending on the June 30
5		immediately preceding the applicable November 15 certification
6		deadline), the estimated payroll (including all forms of
7		compensation) for personal services rendered by eligible
8		employees, and the recommendations of the actuary.
9		For the purposes of this Section and Section 14.1 of the
10		State Finance Act, the term "eligible employees" includes
11		employees who participate in the System, persons who may elect
12		to participate in the System but have not so elected, persons
13		who are serving a qualifying period that is required for
14		participation, and annuitants employed by a department as
15		described in subdivision (a)(1) or (a)(2) of Section 14-111.
16		(c) Contributions shall be made by the several departments
17		for each pay period by warrants drawn by the State Comptroller
18		against their respective funds or appropriations based upon
19		vouchers stating the amount to be so contributed. These amounts
20		shall be based on the full rate certified by the Board under
21		Section 14-135.08 for that fiscal year. From the effective date
22		of this amendatory Act of the 93rd General Assembly through the
23		payment of the final payroll from fiscal year 2004
24		appropriations, the several departments shall not make
25		contributions for the remainder of fiscal year 2004 but shall
26		instead make payments as required under subsection (a-1) of

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1		Section 14.1 of the State Finance Act. The several departments
2		shall resume those contributions at the commencement of fiscal
3		year 2005.
4		(c-1) Notwithstanding subsection (c) of this Section, for
5		fiscal years 2010, 2012, 2013, 2014, 2015, and 2016, and 2017
6		only, contributions by the several departments are not required
7		to be made for General Revenue Funds payrolls processed by the
8		Comptroller. Payrolls paid by the several departments from all
9		other State funds must continue to be processed pursuant to
10		subsection (c) of this Section.
11		(c-2) For State fiscal years 2010, 2012, 2013, 2014, 2015,
12		and 2016, and 2017 only, on or as soon as possible after the
13		15th day of each month, the Board shall submit vouchers for
14		payment of State contributions to the System, in a total
15		monthly amount of one-twelfth of the fiscal year General
16		Revenue Fund contribution as certified by the System pursuant
17		to Section 14-135.08 of the Illinois Pension Code.
18		(d) If an employee is paid from trust funds or federal
19		funds, the department or other employer shall pay employer
20		contributions from those funds to the System at the certified
21		rate, unless the terms of the trust or the federal-State
22		agreement preclude the use of the funds for that purpose, in
23		which case the required employer contributions shall be paid by
24		the State. From the effective date of this amendatory Act of
25		the 93rd General Assembly through the payment of the final
26		payroll from fiscal year 2004 appropriations, the department or

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1		other employer shall not pay contributions for the remainder of
2		fiscal year 2004 but shall instead make payments as required
3		under subsection (a-1) of Section 14.1 of the State Finance
4		Act. The department or other employer shall resume payment of
5		contributions at the commencement of fiscal year 2005.
6		(e) For State fiscal years 2012 through 2045, the minimum
7		contribution to the System to be made by the State for each
8		fiscal year shall be an amount determined by the System to be
9		sufficient to bring the total assets of the System up to 90% of
10		the total actuarial liabilities of the System by the end of
11		State fiscal year 2045. In making these determinations, the
12		required State contribution shall be calculated each year as a
13		level percentage of payroll over the years remaining to and
14		including fiscal year 2045 and shall be determined under the
15		projected unit credit actuarial cost method.
16		For State fiscal years 1996 through 2005, the State
17		contribution to the System, as a percentage of the applicable
18		employee payroll, shall be increased in equal annual increments
19		so that by State fiscal year 2011, the State is contributing at
20		the rate required under this Section; except that (i) for State
21		fiscal year 1998, for all purposes of this Code and any other
22		law of this State, the certified percentage of the applicable
23		employee payroll shall be 5.052% for employees earning eligible
24		creditable service under Section 14-110 and 6.500% for all
25		other employees, notwithstanding any contrary certification
26		made under Section 14-135.08 before the effective date of this

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1		amendatory Act of 1997, and (ii) in the following specified
2		State fiscal years, the State contribution to the System shall
3		not be less than the following indicated percentages of the
4		applicable employee payroll, even if the indicated percentage
5		will produce a State contribution in excess of the amount
6		otherwise required under this subsection and subsection (a):
7		9.8% in FY 1999; 10.0% in FY 2000; 10.2% in FY 2001; 10.4% in FY
8		2002; 10.6% in FY 2003; and 10.8% in FY 2004.
9		Notwithstanding any other provision of this Article, the
10		total required State contribution to the System for State
11		fiscal year 2006 is $203,783,900.
12		Notwithstanding any other provision of this Article, the
13		total required State contribution to the System for State
14		fiscal year 2007 is $344,164,400.
15		For each of State fiscal years 2008 through 2009, the State
16		contribution to the System, as a percentage of the applicable
17		employee payroll, shall be increased in equal annual increments
18		from the required State contribution for State fiscal year
19		2007, so that by State fiscal year 2011, the State is
20		contributing at the rate otherwise required under this Section.
21		Notwithstanding any other provision of this Article, the
22		total required State General Revenue Fund contribution for
23		State fiscal year 2010 is $723,703,100 and shall be made from
24		the proceeds of bonds sold in fiscal year 2010 pursuant to
25		Section 7.2 of the General Obligation Bond Act, less (i) the
26		pro rata share of bond sale expenses determined by the System's

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1		share of total bond proceeds, (ii) any amounts received from
2		the General Revenue Fund in fiscal year 2010, and (iii) any
3		reduction in bond proceeds due to the issuance of discounted
4		bonds, if applicable.
5		Notwithstanding any other provision of this Article, the
6		total required State General Revenue Fund contribution for
7		State fiscal year 2011 is the amount recertified by the System
8		on or before April 1, 2011 pursuant to Section 14-135.08 and
9		shall be made from the proceeds of bonds sold in fiscal year
10		2011 pursuant to Section 7.2 of the General Obligation Bond
11		Act, less (i) the pro rata share of bond sale expenses
12		determined by the System's share of total bond proceeds, (ii)
13		any amounts received from the General Revenue Fund in fiscal
14		year 2011, and (iii) any reduction in bond proceeds due to the
15		issuance of discounted bonds, if applicable.
16		Beginning in State fiscal year 2046, the minimum State
17		contribution for each fiscal year shall be the amount needed to
18		maintain the total assets of the System at 90% of the total
19		actuarial liabilities of the System.
20		Amounts received by the System pursuant to Section 25 of
21		the Budget Stabilization Act or Section 8.12 of the State
22		Finance Act in any fiscal year do not reduce and do not
23		constitute payment of any portion of the minimum State
24		contribution required under this Article in that fiscal year.
25		Such amounts shall not reduce, and shall not be included in the
26		calculation of, the required State contributions under this

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1		Article in any future year until the System has reached a
2		funding ratio of at least 90%. A reference in this Article to
3		the "required State contribution" or any substantially similar
4		term does not include or apply to any amounts payable to the
5		System under Section 25 of the Budget Stabilization Act.
6		Notwithstanding any other provision of this Section, the
7		required State contribution for State fiscal year 2005 and for
8		fiscal year 2008 and each fiscal year thereafter, as calculated
9		under this Section and certified under Section 14-135.08, shall
10		not exceed an amount equal to (i) the amount of the required
11		State contribution that would have been calculated under this
12		Section for that fiscal year if the System had not received any
13		payments under subsection (d) of Section 7.2 of the General
14		Obligation Bond Act, minus (ii) the portion of the State's
15		total debt service payments for that fiscal year on the bonds
16		issued in fiscal year 2003 for the purposes of that Section
17		7.2, as determined and certified by the Comptroller, that is
18		the same as the System's portion of the total moneys
19		distributed under subsection (d) of Section 7.2 of the General
20		Obligation Bond Act. In determining this maximum for State
21		fiscal years 2008 through 2010, however, the amount referred to
22		in item (i) shall be increased, as a percentage of the
23		applicable employee payroll, in equal increments calculated
24		from the sum of the required State contribution for State
25		fiscal year 2007 plus the applicable portion of the State's
26		total debt service payments for fiscal year 2007 on the bonds

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1		issued in fiscal year 2003 for the purposes of Section 7.2 of
2		the General Obligation Bond Act, so that, by State fiscal year
3		2011, the State is contributing at the rate otherwise required
4		under this Section.
5		(f) After the submission of all payments for eligible
6		employees from personal services line items in fiscal year 2004
7		have been made, the Comptroller shall provide to the System a
8		certification of the sum of all fiscal year 2004 expenditures
9		for personal services that would have been covered by payments
10		to the System under this Section if the provisions of this
11		amendatory Act of the 93rd General Assembly had not been
12		enacted. Upon receipt of the certification, the System shall
13		determine the amount due to the System based on the full rate
14		certified by the Board under Section 14-135.08 for fiscal year
15		2004 in order to meet the State's obligation under this
16		Section. The System shall compare this amount due to the amount
17		received by the System in fiscal year 2004 through payments
18		under this Section and under Section 6z-61 of the State Finance
19		Act. If the amount due is more than the amount received, the
20		difference shall be termed the "Fiscal Year 2004 Shortfall" for
21		purposes of this Section, and the Fiscal Year 2004 Shortfall
22		shall be satisfied under Section 1.2 of the State Pension Funds
23		Continuing Appropriation Act. If the amount due is less than
24		the amount received, the difference shall be termed the "Fiscal
25		Year 2004 Overpayment" for purposes of this Section, and the
26		Fiscal Year 2004 Overpayment shall be repaid by the System to

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1		the Pension Contribution Fund as soon as practicable after the
2		certification.
3		(g) For purposes of determining the required State
4		contribution to the System, the value of the System's assets
5		shall be equal to the actuarial value of the System's assets,
6		which shall be calculated as follows:
7		As of June 30, 2008, the actuarial value of the System's
8		assets shall be equal to the market value of the assets as of
9		that date. In determining the actuarial value of the System's
10		assets for fiscal years after June 30, 2008, any actuarial
11		gains or losses from investment return incurred in a fiscal
12		year shall be recognized in equal annual amounts over the
13		5-year period following that fiscal year.
14		(h) For purposes of determining the required State
15		contribution to the System for a particular year, the actuarial
16		value of assets shall be assumed to earn a rate of return equal
17		to the System's actuarially assumed rate of return.
18		(i) After the submission of all payments for eligible
19		employees from personal services line items paid from the
20		General Revenue Fund in fiscal year 2010 have been made, the
21		Comptroller shall provide to the System a certification of the
22		sum of all fiscal year 2010 expenditures for personal services
23		that would have been covered by payments to the System under
24		this Section if the provisions of this amendatory Act of the
25		96th General Assembly had not been enacted. Upon receipt of the
26		certification, the System shall determine the amount due to the

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1		System based on the full rate certified by the Board under
2		Section 14-135.08 for fiscal year 2010 in order to meet the
3		State's obligation under this Section. The System shall compare
4		this amount due to the amount received by the System in fiscal
5		year 2010 through payments under this Section. If the amount
6		due is more than the amount received, the difference shall be
7		termed the "Fiscal Year 2010 Shortfall" for purposes of this
8		Section, and the Fiscal Year 2010 Shortfall shall be satisfied
9		under Section 1.2 of the State Pension Funds Continuing
10		Appropriation Act. If the amount due is less than the amount
11		received, the difference shall be termed the "Fiscal Year 2010
12		Overpayment" for purposes of this Section, and the Fiscal Year
13		2010 Overpayment shall be repaid by the System to the General
14		Revenue Fund as soon as practicable after the certification.
15		(j) After the submission of all payments for eligible
16		employees from personal services line items paid from the
17		General Revenue Fund in fiscal year 2011 have been made, the
18		Comptroller shall provide to the System a certification of the
19		sum of all fiscal year 2011 expenditures for personal services
20		that would have been covered by payments to the System under
21		this Section if the provisions of this amendatory Act of the
22		96th General Assembly had not been enacted. Upon receipt of the
23		certification, the System shall determine the amount due to the
24		System based on the full rate certified by the Board under
25		Section 14-135.08 for fiscal year 2011 in order to meet the
26		State's obligation under this Section. The System shall compare

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1		this amount due to the amount received by the System in fiscal
2		year 2011 through payments under this Section. If the amount
3		due is more than the amount received, the difference shall be
4		termed the "Fiscal Year 2011 Shortfall" for purposes of this
5		Section, and the Fiscal Year 2011 Shortfall shall be satisfied
6		under Section 1.2 of the State Pension Funds Continuing
7		Appropriation Act. If the amount due is less than the amount
8		received, the difference shall be termed the "Fiscal Year 2011
9		Overpayment" for purposes of this Section, and the Fiscal Year
10		2011 Overpayment shall be repaid by the System to the General
11		Revenue Fund as soon as practicable after the certification.
12		(k) For fiscal years 2012 through 2017 2016 only, after the
13		submission of all payments for eligible employees from personal
14		services line items paid from the General Revenue Fund in the
15		fiscal year have been made, the Comptroller shall provide to
16		the System a certification of the sum of all expenditures in
17		the fiscal year for personal services. Upon receipt of the
18		certification, the System shall determine the amount due to the
19		System based on the full rate certified by the Board under
20		Section 14-135.08 for the fiscal year in order to meet the
21		State's obligation under this Section. The System shall compare
22		this amount due to the amount received by the System for the
23		fiscal year. If the amount due is more than the amount
24		received, the difference shall be termed the "Prior Fiscal Year
25		Shortfall" for purposes of this Section, and the Prior Fiscal
26		Year Shortfall shall be satisfied under Section 1.2 of the

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1		State Pension Funds Continuing Appropriation Act. If the amount
2		due is less than the amount received, the difference shall be
3		termed the "Prior Fiscal Year Overpayment" for purposes of this
4		Section, and the Prior Fiscal Year Overpayment shall be repaid
5		by the System to the General Revenue Fund as soon as
6		practicable after the certification.
7		(Source: P.A. 98-24, eff. 6-19-13; 98-674, eff. 6-30-14; 99-8,
8		eff. 7-9-15.)
9		Section 10-15. The State Pension Funds Continuing
10		Appropriation Act is amended by changing Section 1.2 as
11		follows:
12		(40 ILCS 15/1.2)
13		Sec. 1.2. Appropriations for the State Employees'
14		Retirement System.
15		(a) From each fund from which an amount is appropriated for
16		personal services to a department or other employer under
17		Article 14 of the Illinois Pension Code, there is hereby
18		appropriated to that department or other employer, on a
19		continuing annual basis for each State fiscal year, an
20		additional amount equal to the amount, if any, by which (1) an
21		amount equal to the percentage of the personal services line
22		item for that department or employer from that fund for that
23		fiscal year that the Board of Trustees of the State Employees'
24		Retirement System of Illinois has certified under Section

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1		14-135.08 of the Illinois Pension Code to be necessary to meet
2		the State's obligation under Section 14-131 of the Illinois
3		Pension Code for that fiscal year, exceeds (2) the amounts
4		otherwise appropriated to that department or employer from that
5		fund for State contributions to the State Employees' Retirement
6		System for that fiscal year. From the effective date of this
7		amendatory Act of the 93rd General Assembly through the final
8		payment from a department or employer's personal services line
9		item for fiscal year 2004, payments to the State Employees'
10		Retirement System that otherwise would have been made under
11		this subsection (a) shall be governed by the provisions in
12		subsection (a-1).
13		(a-1) If a Fiscal Year 2004 Shortfall is certified under
14		subsection (f) of Section 14-131 of the Illinois Pension Code,
15		there is hereby appropriated to the State Employees' Retirement
16		System of Illinois on a continuing basis from the General
17		Revenue Fund an additional aggregate amount equal to the Fiscal
18		Year 2004 Shortfall.
19		(a-2) If a Fiscal Year 2010 Shortfall is certified under
20		subsection (i) of Section 14-131 of the Illinois Pension Code,
21		there is hereby appropriated to the State Employees' Retirement
22		System of Illinois on a continuing basis from the General
23		Revenue Fund an additional aggregate amount equal to the Fiscal
24		Year 2010 Shortfall.
25		(a-3) If a Fiscal Year 2016 Shortfall is certified under
26		subsection (k) of Section 14-131 of the Illinois Pension Code,

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1		there is hereby appropriated to the State Employees' Retirement
2		System of Illinois on a continuing basis from the General
3		Revenue Fund an additional aggregate amount equal to the Fiscal
4		Year 2016 Shortfall.
5		(b) The continuing appropriations provided for by this
6		Section shall first be available in State fiscal year 1996.
7		(c) Beginning in Fiscal Year 2005, any continuing
8		appropriation under this Section arising out of an
9		appropriation for personal services from the Road Fund to the
10		Department of State Police or the Secretary of State shall be
11		payable from the General Revenue Fund rather than the Road
12		Fund.
13		(d) For State fiscal year 2010 only, a continuing
14		appropriation is provided to the State Employees' Retirement
15		System equal to the amount certified by the System on or before
16		December 31, 2008, less the gross proceeds of the bonds sold in
17		fiscal year 2010 under the authorization contained in
18		subsection (a) of Section 7.2 of the General Obligation Bond
19		Act.
20		(e) For State fiscal year 2011 only, the continuing
21		appropriation under this Section provided to the State
22		Employees' Retirement System is limited to an amount equal to
23		the amount certified by the System on or before December 31,
24		2009, less any amounts received pursuant to subsection (a-3) of
25		Section 14.1 of the State Finance Act.
26		(f) For State fiscal year 2011 only, a continuing

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1		appropriation is provided to the State Employees' Retirement
2		System equal to the amount certified by the System on or before
3		April 1, 2011, less the gross proceeds of the bonds sold in
4		fiscal year 2011 under the authorization contained in
5		subsection (a) of Section 7.2 of the General Obligation Bond
6		Act.
7		(Source: P.A. 97-813, eff. 7-13-12; 98-674, eff. 6-30-14.)
8		Section 10-20. The Uniform Disposition of Unclaimed
9		Property Act is amended by changing Section 18 as follows:
10		(765 ILCS 1025/18) (from Ch. 141, par. 118)
11		Sec. 18. Deposit of funds received under the Act.
12		(a) The State Treasurer shall retain all funds received
13		under this Act, including the proceeds from the sale of
14		abandoned property under Section 17, in a trust fund known as
15		the Unclaimed Property Trust Fund. The State Treasurer may
16		deposit any amount in the Unclaimed Property Trust Fund into
17		the State Pensions Fund during the fiscal year at his or her
18		discretion; however, he or she shall, on April 15 and October
19		15 of each year, deposit any amount in the Unclaimed Property
20		Trust Fund trust fund exceeding $2,500,000 into the State
21		Pensions Fund. If on either April 15 or October 15, the State
22		Treasurer determines that a balance of $2,500,000 is
23		insufficient for the prompt payment of unclaimed property
24		claims authorized under this Act, the Treasurer may retain more

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1		than $2,500,000 in the Unclaimed Property Trust Fund in order
2		to ensure the prompt payment of claims. Beginning in State
3		fiscal year 2018 2017, all amounts that are deposited into the
4		State Pensions Fund from the Unclaimed Property Trust Fund
5		shall be apportioned to the designated retirement systems as
6		provided in subsection (c-6) of Section 8.12 of the State
7		Finance Act to reduce their actuarial reserve deficiencies. He
8		or she shall make prompt payment of claims he or she duly
9		allows as provided for in this Act for the Unclaimed Property
10		Trust Fund trust fund. Before making the deposit the State
11		Treasurer shall record the name and last known address of each
12		person appearing from the holders' reports to be entitled to
13		the abandoned property. The record shall be available for
14		public inspection during reasonable business hours.
15		(b) Before making any deposit to the credit of the State
16		Pensions Fund, the State Treasurer may deduct: (1) any costs in
17		connection with sale of abandoned property, (2) any costs of
18		mailing and publication in connection with any abandoned
19		property, and (3) any costs in connection with the maintenance
20		of records or disposition of claims made pursuant to this Act.
21		The State Treasurer shall semiannually file an itemized report
22		of all such expenses with the Legislative Audit Commission.
23		(Source: P.A. 98-19, eff. 6-10-13; 98-24, eff. 6-19-13; 98-674,
24		eff. 6-30-14; 98-756, eff. 7-16-14; 99-8, eff. 7-9-15.)
25		ARTICLE 20. GRANT ACCOUNTABILITY AND TRANSPARENCY ACT

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1		Section 20-5. The State Finance Act is amended by adding
2		Section 6z-101 as follows:
3		(30 ILCS 105/6z-101 new)
4		Sec. 6z-101. The Grant Accountability and Transparency
5		Fund.
6		(a) The Grant Accountability and Transparency Fund is
7		hereby created in the State Treasury. The following moneys
8		shall be deposited into the Fund:
9		(1) grants, awards, appropriations, cost sharings,
10		inter-fund transfers, gifts, and bequests from any source,
11		public or private, in support of activities authorized
12		under the Grant Accountability and Transparency Act;
13		(2) federal funds received as a result of cost
14		allocation or indirect cost reimbursements;
15		(3) interest earned on moneys in the Fund; and
16		(4) receipts or inter-fund transfers resulting from
17		billings issued by the Governor's Office of Management and
18		Budget to State agencies for the costs of services rendered
19		pursuant to the Grant Accountability and Transparency Act.
20		(b) State agencies may direct the Comptroller to process
21		inter-fund transfers or make payment through the voucher and
22		warrant process to the Grant Accountability and Transparency
23		Fund in satisfaction of billings issued under subsection (a).
24		(c) Moneys in the Grant Accountability and Transparency

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1		Fund may be used by the Governor's Office of Management and
2		Budget for costs in support of the implementation and
3		administration of the Grant Accountability and Transparency
4		Act and Budgeting for Results.
5		(d) The Governor's Office of Management and Budget may
6		require reports from State agencies as deemed necessary to
7		perform cost allocation reconciliations in connection with
8		services provided and expenses incurred in the administration
9		of the Grant Accountability and Transparency Act. In the event
10		that, in any fiscal year, the payments or inter-fund transfers
11		are in excess of the costs of services provided in that fiscal
12		year, the Governor's Office of Management and Budget may use
13		one or a combination of the following methods to return excess
14		funds:
15		(1) order that the amounts owed by the State agency in
16		the following fiscal year be offset against such excess
17		amount;
18		(2) direct the Comptroller to process an inter-fund
19		transfer; or
20		(3) make a refund payment.
21		Section 20-10. The Grant Accountability and Transparency
22		Act is amended by changing Sections 20, 25, 55, 85, 90, and 100
23		as follows:
24		(30 ILCS 708/20)

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1		(Section scheduled to be repealed on July 16, 2019)
2		Sec. 20. Adoption of federal rules applicable to grants.
3		(a) On or before July 1, 2016 2015, the Governor's Office
4		of Management and Budget, with the advice and technical
5		assistance of the Illinois Single Audit Commission, shall adopt
6		rules which adopt the Uniform Guidance at 2 CFR 200. The rules,
7		which shall apply to all State and federal pass-through awards
8		effective on and after July 1, 2016 2015, shall include the
9		following:
10		(1) Administrative requirements. In accordance with
11		Subparts B through D of 2 CFR 200, the rules shall set
12		forth the uniform administrative requirements for grant
13		and cooperative agreements, including the requirements for
14		the management by State awarding agencies of federal grant
15		programs before State and federal pass-through awards have
16		been made and requirements that State awarding agencies may
17		impose on non-federal entities in State and federal
18		pass-through awards.
19		(2) Cost principles. In accordance with Subpart E of 2
20		CFR 200, the rules shall establish principles for
21		determining the allowable costs incurred by non-federal
22		entities under State and federal pass-through awards. The
23		principles are intended for cost determination, but are not
24		intended to identify the circumstances or dictate the
25		extent of State or federal pass-through participation in
26		financing a particular program or project. The principles

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1		shall provide that State and federal awards bear their fair
2		share of cost recognized under these principles, except
3		where restricted or prohibited by State or federal law.
4		(3) Audit and single audit requirements and audit
5		follow-up. In accordance with Subpart F of 2 CFR 200 and
6		the federal Single Audit Act Amendments of 1996, the rules
7		shall set forth standards to obtain consistency and
8		uniformity among State and federal pass-through awarding
9		agencies for the audit of non-federal entities expending
10		State and federal awards. These provisions shall also set
11		forth the policies and procedures for State and federal
12		pass-through entities when using the results of these
13		audits.
14		The provisions of this item (3) do not apply to
15		for-profit subrecipients because for-profit subrecipients
16		are not subject to the requirements of OMB Circular A-133,
17		Audits of States, Local and Non-Profit Organizations.
18		Audits of for-profit subrecipients must be conducted
19		pursuant to a Program Audit Guide issued by the Federal
20		awarding agency. If a Program Audit Guide is not available,
21		the State awarding agency must prepare a Program Audit
22		Guide in accordance with the OMB Circular A-133 Compliance
23		Supplement. For-profit entities are subject to all other
24		general administrative requirements and cost principles
25		applicable to grants.
26		(b) This Act addresses only State and federal pass-through

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1		auditing functions and does not address the external audit
2		function of the Auditor General.
3		(c) For public institutions of higher education, the
4		provisions of this Section apply only to awards funded by State
5		appropriations and federal pass-through awards from a State
6		agency to public institutions of higher education. Federal
7		pass-through awards from a State agency to public institutions
8		of higher education are governed by and must comply with
9		federal guidelines under 2 CFR 200.
10		(d) The State grant-making agency is responsible for
11		establishing requirements, as necessary, to ensure compliance
12		by for-profit subrecipients. The agreement with the for-profit
13		subrecipient shall describe the applicable compliance
14		requirements and the for-profit subrecipient's compliance
15		responsibility. Methods to ensure compliance for State and
16		federal pass-through awards made to for-profit subrecipients
17		shall include pre-award, audits, monitoring during the
18		agreement, and post-award audits. The Governor's Office of
19		Management and Budget shall provide such advice and technical
20		assistance to the State grant-making agency as is necessary or
21		indicated.
22		(Source: P.A. 98-706, eff. 7-16-14.)
23		(30 ILCS 708/25)
24		(Section scheduled to be repealed on July 16, 2019)
25		Sec. 25. Supplemental rules. On or before July 1, 2017

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1		2015, the Governor's Office of Management and Budget, with the
2		advice and technical assistance of the Illinois Single Audit
3		Commission, shall adopt supplemental rules pertaining to the
4		following:
5		(1) Criteria to define mandatory formula-based grants
6		and discretionary grants.
7		(2) The award of one-year grants for new applicants.
8		(3) The award of competitive grants in 3-year terms
9		(one-year initial terms with the option to renew for up to
10		2 additional years) to coincide with the federal award.
11		(4) The issuance of grants, including:
12		(A) public notice of announcements of funding
13		opportunities;
14		(B) the development of uniform grant applications;
15		(C) State agency review of merit of proposals and
16		risk posed by applicants;
17		(D) specific conditions for individual recipients
18		(requiring the use of a fiscal agent and additional
19		corrective conditions);
20		(E) certifications and representations;
21		(F) pre-award costs;
22		(G) performance measures and statewide prioritized
23		goals under Section 50-25 of the State Budget Law of
24		the Civil Administrative Code of Illinois, commonly
25		referred to as "Budgeting for Results"; and
26		(H) for mandatory formula grants, the merit of the

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1		proposal and the risk posed should result in additional
2		reporting, monitoring, or measures such as
3		reimbursement-basis only.
4		(5) The development of uniform budget requirements,
5		which shall include:
6		(A) mandatory submission of budgets as part of the
7		grant application process;
8		(B) mandatory requirements regarding contents of
9		the budget including, at a minimum, common detail line
10		items specified under guidelines issued by the
11		Governor's Office of Management and Budget;
12		(C) a requirement that the budget allow
13		flexibility to add lines describing costs that are
14		common for the services provided as outlined in the
15		grant application;
16		(D) a requirement that the budget include
17		information necessary for analyzing cost and
18		performance for use in the Budgeting for Results
19		initiative; and
20		(E) caps on the amount of salaries that may be
21		charged to grants based on the limitations imposed by
22		federal agencies.
23		(6) The development of pre-qualification requirements
24		for applicants, including the fiscal condition of the
25		organization and the provision of the following
26		information:

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1		(A) organization name;
2		(B) Federal Employee Identification Number;
3		(C) Data Universal Numbering System (DUNS) number;
4		(D) fiscal condition;
5		(E) whether the applicant is in good standing with
6		the Secretary of State;
7		(F) past performance in administering grants;
8		(G) whether the applicant is or has ever been on
9		the Debarred and Suspended List maintained by the
10		Governor's Office of Management and Budget;
11		(H) whether the applicant is or has ever been on
12		the federal Excluded Parties List; and
13		(I) whether the applicant is or has ever been on
14		the Sanctioned Party List maintained by the Illinois
15		Department of Healthcare and Family Services.
16		Nothing in this Act affects the provisions of the Fiscal
17		Control and Internal Auditing Act nor the requirement that the
18		management of each State agency is responsible for maintaining
19		effective internal controls under that Act.
20		For public institutions of higher education, the
21		provisions of this Section apply only to awards funded by State
22		appropriations and federal pass-through awards from a State
23		agency to public institutions of higher education.
24		(Source: P.A. 98-706, eff. 7-16-14.)
25		(30 ILCS 708/55)

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1		(Section scheduled to be repealed on July 16, 2019)
2		Sec. 55. The Governor's Office of Management and Budget
3		responsibilities.
4		(a) The Governor's Office of Management and Budget shall:
5		(1) provide technical assistance and interpretations
6		of policy requirements in order to ensure effective and
7		efficient implementation of this Act by State grant-making
8		agencies; and
9		(2) have authority to approve any exceptions to the
10		requirements of this Act and shall adopt rules governing
11		the criteria to be considered when an exception is
12		requested; exceptions shall only be made in particular
13		cases where adequate justification is presented.
14		(b) The Governor's Office of Management and Budget shall,
15		on or before July 1, 2016 2014, establish a centralized unit
16		within the Governor's Office of Management and Budget. The
17		centralized unit shall be known as the Grant Accountability and
18		Transparency Unit and shall be funded with a portion of the
19		administrative funds provided under existing and future State
20		and federal pass-through grants. The amounts charged will be
21		allocated based on the actual cost of the services provided to
22		State grant-making agencies and public institutions of higher
23		education in accordance with the applicable federal cost
24		principles contained in 2 CFR 200 and this Act will not cause
25		the reduction in the amount of any State or federal grant
26		awards that have been or will be directed towards State

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1		agencies or public institutions of higher education.
2		(Source: P.A. 98-706, eff. 7-16-14.)
3		(30 ILCS 708/85)
4		(Section scheduled to be repealed on July 16, 2019)
5		Sec. 85. Implementation date. The Governor's Office of
6		Management and Budget shall adopt all rules required under this
7		Act on or before July 1, 2017 2015.
8		(Source: P.A. 98-706, eff. 7-16-14.)
9		(30 ILCS 708/90)
10		(Section scheduled to be repealed on July 16, 2019)
11		Sec. 90. Agency implementation. All State grant-making
12		agencies shall implement the rules issued by the Governor's
13		Office of Management and Budget on or before July 1, 2017 2015.
14		The standards set forth in this Act, which affect
15		administration of State and federal pass-through awards issued
16		by State grant-making agencies, become effective once
17		implemented by State grant-making agencies. State grant-making
18		agencies shall implement the policies and procedures
19		applicable to State and federal pass-through awards by adopting
20		rules for non-federal entities by December 31, 2017 that shall
21		take effect for fiscal years on and after December 26, 2014,
22		unless different provisions are required by State or federal
23		statute or federal rule.
24		(Source: P.A. 98-706, eff. 7-16-14.)

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1		(30 ILCS 708/100)
2		(Section scheduled to be repealed on July 16, 2019)
3		Sec. 100. Repeal. This Act is repealed on July 16, 2020 5
4		years after the effective date of this Act.
5		(Source: P.A. 98-706, eff. 7-16-14.)
6		ARTICLE 25. REFUNDING BONDS
7		Section 25-5. The General Obligation Bond Act is amended by
8		changing Sections 2.5, 9, 11, and 16 as follows:
9		(30 ILCS 330/2.5)
10		Sec. 2.5. Limitation on issuance of Bonds.
11		(a) Except as provided in subsection (b), no Bonds may be
12		issued if, after the issuance, in the next State fiscal year
13		after the issuance of the Bonds, the amount of debt service
14		(including principal, whether payable at maturity or pursuant
15		to mandatory sinking fund installments, and interest) on all
16		then-outstanding Bonds, other than Bonds authorized by Public
17		Act 96-43 and other than Bonds authorized by Public Act 96-1497
18		this amendatory Act of the 96th General Assembly, would exceed
19		7% of the aggregate appropriations from the general funds
20		(which consist of the General Revenue Fund, the Common School
21		Fund, the General Revenue Common School Special Account Fund,
22		and the Education Assistance Fund) and the Road Fund for the

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1		fiscal year immediately prior to the fiscal year of the
2		issuance.
3		(b) If the Comptroller and Treasurer each consent in
4		writing, Bonds may be issued even if the issuance does not
5		comply with subsection (a). In addition, $2,000,000,000 in
6		Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
7		and $2,000,000,000 in Refunding Bonds under Section 16, may be
8		issued during State fiscal year 2017 without complying with
9		subsection (a).
10		(Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11.)
11		(30 ILCS 330/9) (from Ch. 127, par. 659)
12		Sec. 9. Conditions for Issuance and Sale of Bonds -
13		Requirements for Bonds.
14		(a) Except as otherwise provided in this subsection, Bonds
15		shall be issued and sold from time to time, in one or more
16		series, in such amounts and at such prices as may be directed
17		by the Governor, upon recommendation by the Director of the
18		Governor's Office of Management and Budget. Bonds shall be in
19		such form (either coupon, registered or book entry), in such
20		denominations, payable within 25 years from their date, subject
21		to such terms of redemption with or without premium, bear
22		interest payable at such times and at such fixed or variable
23		rate or rates, and be dated as shall be fixed and determined by
24		the Director of the Governor's Office of Management and Budget
25		in the order authorizing the issuance and sale of any series of

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1		Bonds, which order shall be approved by the Governor and is
2		herein called a "Bond Sale Order"; provided however, that
3		interest payable at fixed or variable rates shall not exceed
4		that permitted in the Bond Authorization Act, as now or
5		hereafter amended. Bonds shall be payable at such place or
6		places, within or without the State of Illinois, and may be
7		made registrable as to either principal or as to both principal
8		and interest, as shall be specified in the Bond Sale Order.
9		Bonds may be callable or subject to purchase and retirement or
10		tender and remarketing as fixed and determined in the Bond Sale
11		Order. Bonds, other than Bonds issued under Section 3 of this
12		Act for the costs associated with the purchase and
13		implementation of information technology, (i) except for
14		refunding Bonds satisfying the requirements of Section 16 of
15		this Act and sold during fiscal year 2009, 2010, or 2011, or
16		2017 must be issued with principal or mandatory redemption
17		amounts in equal amounts, with the first maturity issued
18		occurring within the fiscal year in which the Bonds are issued
19		or within the next succeeding fiscal year and (ii) must mature
20		or be subject to mandatory redemption each fiscal year
21		thereafter up to 25 years, except for refunding Bonds
22		satisfying the requirements of Section 16 of this Act and sold
23		during fiscal year 2009, 2010, or 2011 which must mature or be
24		subject to mandatory redemption each fiscal year thereafter up
25		to 16 years. Bonds issued under Section 3 of this Act for the
26		costs associated with the purchase and implementation of

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1		information technology must be issued with principal or
2		mandatory redemption amounts in equal amounts, with the first
3		maturity issued occurring with the fiscal year in which the
4		respective bonds are issued or with the next succeeding fiscal
5		year, with the respective bonds issued maturing or subject to
6		mandatory redemption each fiscal year thereafter up to 10
7		years. Notwithstanding any provision of this Act to the
8		contrary, the Bonds authorized by Public Act 96-43 shall be
9		payable within 5 years from their date and must be issued with
10		principal or mandatory redemption amounts in equal amounts,
11		with payment of principal or mandatory redemption beginning in
12		the first fiscal year following the fiscal year in which the
13		Bonds are issued.
14		Notwithstanding any provision of this Act to the contrary,
15		the Bonds authorized by Public Act 96-1497 shall be payable
16		within 8 years from their date and shall be issued with payment
17		of maturing principal or scheduled mandatory redemptions in
18		accordance with the following schedule, except the following
19		amounts shall be prorated if less than the total additional
20		amount of Bonds authorized by Public Act 96-1497 are issued:
21		Fiscal Year After Issuance Amount
22		1-2 $0
23		3 $110,712,120
24		4 $332,136,360
25		5 $664,272,720
26		6-8 $996,409,080

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1		In the case of any series of Bonds bearing interest at a
2		variable interest rate ("Variable Rate Bonds"), in lieu of
3		determining the rate or rates at which such series of Variable
4		Rate Bonds shall bear interest and the price or prices at which
5		such Variable Rate Bonds shall be initially sold or remarketed
6		(in the event of purchase and subsequent resale), the Bond Sale
7		Order may provide that such interest rates and prices may vary
8		from time to time depending on criteria established in such
9		Bond Sale Order, which criteria may include, without
10		limitation, references to indices or variations in interest
11		rates as may, in the judgment of a remarketing agent, be
12		necessary to cause Variable Rate Bonds of such series to be
13		remarketable from time to time at a price equal to their
14		principal amount, and may provide for appointment of a bank,
15		trust company, investment bank, or other financial institution
16		to serve as remarketing agent in that connection. The Bond Sale
17		Order may provide that alternative interest rates or provisions
18		for establishing alternative interest rates, different
19		security or claim priorities, or different call or amortization
20		provisions will apply during such times as Variable Rate Bonds
21		of any series are held by a person providing credit or
22		liquidity enhancement arrangements for such Bonds as
23		authorized in subsection (b) of this Section. The Bond Sale
24		Order may also provide for such variable interest rates to be
25		established pursuant to a process generally known as an auction
26		rate process and may provide for appointment of one or more

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1		financial institutions to serve as auction agents and
2		broker-dealers in connection with the establishment of such
3		interest rates and the sale and remarketing of such Bonds.
4		(b) In connection with the issuance of any series of Bonds,
5		the State may enter into arrangements to provide additional
6		security and liquidity for such Bonds, including, without
7		limitation, bond or interest rate insurance or letters of
8		credit, lines of credit, bond purchase contracts, or other
9		arrangements whereby funds are made available to retire or
10		purchase Bonds, thereby assuring the ability of owners of the
11		Bonds to sell or redeem their Bonds. The State may enter into
12		contracts and may agree to pay fees to persons providing such
13		arrangements, but only under circumstances where the Director
14		of the Governor's Office of Management and Budget certifies
15		that he or she reasonably expects the total interest paid or to
16		be paid on the Bonds, together with the fees for the
17		arrangements (being treated as if interest), would not, taken
18		together, cause the Bonds to bear interest, calculated to their
19		stated maturity, at a rate in excess of the rate that the Bonds
20		would bear in the absence of such arrangements.
21		The State may, with respect to Bonds issued or anticipated
22		to be issued, participate in and enter into arrangements with
23		respect to interest rate protection or exchange agreements,
24		guarantees, or financial futures contracts for the purpose of
25		limiting, reducing, or managing interest rate exposure. The
26		authority granted under this paragraph, however, shall not

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1		increase the principal amount of Bonds authorized to be issued
2		by law. The arrangements may be executed and delivered by the
3		Director of the Governor's Office of Management and Budget on
4		behalf of the State. Net payments for such arrangements shall
5		constitute interest on the Bonds and shall be paid from the
6		General Obligation Bond Retirement and Interest Fund. The
7		Director of the Governor's Office of Management and Budget
8		shall at least annually certify to the Governor and the State
9		Comptroller his or her estimate of the amounts of such net
10		payments to be included in the calculation of interest required
11		to be paid by the State.
12		(c) Prior to the issuance of any Variable Rate Bonds
13		pursuant to subsection (a), the Director of the Governor's
14		Office of Management and Budget shall adopt an interest rate
15		risk management policy providing that the amount of the State's
16		variable rate exposure with respect to Bonds shall not exceed
17		20%. This policy shall remain in effect while any Bonds are
18		outstanding and the issuance of Bonds shall be subject to the
19		terms of such policy. The terms of this policy may be amended
20		from time to time by the Director of the Governor's Office of
21		Management and Budget but in no event shall any amendment cause
22		the permitted level of the State's variable rate exposure with
23		respect to Bonds to exceed 20%.
24		(d) "Build America Bonds" in this Section means Bonds
25		authorized by Section 54AA of the Internal Revenue Code of
26		1986, as amended ("Internal Revenue Code"), and bonds issued

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1		from time to time to refund or continue to refund "Build
2		America Bonds".
3		(e) Notwithstanding any other provision of this Section,
4		Qualified School Construction Bonds shall be issued and sold
5		from time to time, in one or more series, in such amounts and
6		at such prices as may be directed by the Governor, upon
7		recommendation by the Director of the Governor's Office of
8		Management and Budget. Qualified School Construction Bonds
9		shall be in such form (either coupon, registered or book
10		entry), in such denominations, payable within 25 years from
11		their date, subject to such terms of redemption with or without
12		premium, and if the Qualified School Construction Bonds are
13		issued with a supplemental coupon, bear interest payable at
14		such times and at such fixed or variable rate or rates, and be
15		dated as shall be fixed and determined by the Director of the
16		Governor's Office of Management and Budget in the order
17		authorizing the issuance and sale of any series of Qualified
18		School Construction Bonds, which order shall be approved by the
19		Governor and is herein called a "Bond Sale Order"; except that
20		interest payable at fixed or variable rates, if any, shall not
21		exceed that permitted in the Bond Authorization Act, as now or
22		hereafter amended. Qualified School Construction Bonds shall
23		be payable at such place or places, within or without the State
24		of Illinois, and may be made registrable as to either principal
25		or as to both principal and interest, as shall be specified in
26		the Bond Sale Order. Qualified School Construction Bonds may be

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1		callable or subject to purchase and retirement or tender and
2		remarketing as fixed and determined in the Bond Sale Order.
3		Qualified School Construction Bonds must be issued with
4		principal or mandatory redemption amounts or sinking fund
5		payments into the General Obligation Bond Retirement and
6		Interest Fund (or subaccount therefor) in equal amounts, with
7		the first maturity issued, mandatory redemption payment or
8		sinking fund payment occurring within the fiscal year in which
9		the Qualified School Construction Bonds are issued or within
10		the next succeeding fiscal year, with Qualified School
11		Construction Bonds issued maturing or subject to mandatory
12		redemption or with sinking fund payments thereof deposited each
13		fiscal year thereafter up to 25 years. Sinking fund payments
14		set forth in this subsection shall be permitted only to the
15		extent authorized in Section 54F of the Internal Revenue Code
16		or as otherwise determined by the Director of the Governor's
17		Office of Management and Budget. "Qualified School
18		Construction Bonds" in this subsection means Bonds authorized
19		by Section 54F of the Internal Revenue Code and for bonds
20		issued from time to time to refund or continue to refund such
21		"Qualified School Construction Bonds".
22		(f) Beginning with the next issuance by the Governor's
23		Office of Management and Budget to the Procurement Policy Board
24		of a request for quotation for the purpose of formulating a new
25		pool of qualified underwriting banks list, all entities
26		responding to such a request for quotation for inclusion on

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1		that list shall provide a written report to the Governor's
2		Office of Management and Budget and the Illinois Comptroller.
3		The written report submitted to the Comptroller shall (i) be
4		published on the Comptroller's Internet website and (ii) be
5		used by the Governor's Office of Management and Budget for the
6		purposes of scoring such a request for quotation. The written
7		report, at a minimum, shall:
8		(1) disclose whether, within the past 3 months,
9		pursuant to its credit default swap market-making
10		activities, the firm has entered into any State of Illinois
11		credit default swaps ("CDS");
12		(2) include, in the event of State of Illinois CDS
13		activity, disclosure of the firm's cumulative notional
14		volume of State of Illinois CDS trades and the firm's
15		outstanding gross and net notional amount of State of
16		Illinois CDS, as of the end of the current 3-month period;
17		(3) indicate, pursuant to the firm's proprietary
18		trading activities, disclosure of whether the firm, within
19		the past 3 months, has entered into any proprietary trades
20		for its own account in State of Illinois CDS;
21		(4) include, in the event of State of Illinois
22		proprietary trades, disclosure of the firm's outstanding
23		gross and net notional amount of proprietary State of
24		Illinois CDS and whether the net position is short or long
25		credit protection, as of the end of the current 3-month
26		period;

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1		(5) list all time periods during the past 3 months
2		during which the firm held net long or net short State of
3		Illinois CDS proprietary credit protection positions, the
4		amount of such positions, and whether those positions were
5		net long or net short credit protection positions; and
6		(6) indicate whether, within the previous 3 months, the
7		firm released any publicly available research or marketing
8		reports that reference State of Illinois CDS and include
9		those research or marketing reports as attachments.
10		(g) All entities included on a Governor's Office of
11		Management and Budget's pool of qualified underwriting banks
12		list shall, as soon as possible after March 18, 2011 (the
13		effective date of Public Act 96-1554), but not later than
14		January 21, 2011, and on a quarterly fiscal basis thereafter,
15		provide a written report to the Governor's Office of Management
16		and Budget and the Illinois Comptroller. The written reports
17		submitted to the Comptroller shall be published on the
18		Comptroller's Internet website. The written reports, at a
19		minimum, shall:
20		(1) disclose whether, within the past 3 months,
21		pursuant to its credit default swap market-making
22		activities, the firm has entered into any State of Illinois
23		credit default swaps ("CDS");
24		(2) include, in the event of State of Illinois CDS
25		activity, disclosure of the firm's cumulative notional
26		volume of State of Illinois CDS trades and the firm's

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1		outstanding gross and net notional amount of State of
2		Illinois CDS, as of the end of the current 3-month period;
3		(3) indicate, pursuant to the firm's proprietary
4		trading activities, disclosure of whether the firm, within
5		the past 3 months, has entered into any proprietary trades
6		for its own account in State of Illinois CDS;
7		(4) include, in the event of State of Illinois
8		proprietary trades, disclosure of the firm's outstanding
9		gross and net notional amount of proprietary State of
10		Illinois CDS and whether the net position is short or long
11		credit protection, as of the end of the current 3-month
12		period;
13		(5) list all time periods during the past 3 months
14		during which the firm held net long or net short State of
15		Illinois CDS proprietary credit protection positions, the
16		amount of such positions, and whether those positions were
17		net long or net short credit protection positions; and
18		(6) indicate whether, within the previous 3 months, the
19		firm released any publicly available research or marketing
20		reports that reference State of Illinois CDS and include
21		those research or marketing reports as attachments.
22		(Source: P.A. 96-18, eff. 6-26-09; 96-37, eff. 7-13-09; 96-43,
23		eff. 7-15-09; 96-828, eff. 12-2-09; 96-1497, eff. 1-14-11;
24		96-1554, eff. 3-18-11; 97-813, eff. 7-13-12.)
25		(30 ILCS 330/11) (from Ch. 127, par. 661)

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1		Sec. 11. Sale of Bonds. Except as otherwise provided in
2		this Section, Bonds shall be sold from time to time pursuant to
3		notice of sale and public bid or by negotiated sale in such
4		amounts and at such times as is directed by the Governor, upon
5		recommendation by the Director of the Governor's Office of
6		Management and Budget. At least 25%, based on total principal
7		amount, of all Bonds issued each fiscal year shall be sold
8		pursuant to notice of sale and public bid. At all times during
9		each fiscal year, no more than 75%, based on total principal
10		amount, of the Bonds issued each fiscal year, shall have been
11		sold by negotiated sale. Failure to satisfy the requirements in
12		the preceding 2 sentences shall not affect the validity of any
13		previously issued Bonds; provided that all Bonds authorized by
14		Public Act 96-43 and Public Act 96-1497 this amendatory Act of
15		the 96th General Assembly shall not be included in determining
16		compliance for any fiscal year with the requirements of the
17		preceding 2 sentences; and further provided that refunding
18		Bonds satisfying the requirements of Section 16 of this Act and
19		sold during fiscal year 2009, 2010, or 2011, or 2017 shall not
20		be subject to the requirements in the preceding 2 sentences.
21		If any Bonds, including refunding Bonds, are to be sold by
22		negotiated sale, the Director of the Governor's Office of
23		Management and Budget shall comply with the competitive request
24		for proposal process set forth in the Illinois Procurement Code
25		and all other applicable requirements of that Code.
26		If Bonds are to be sold pursuant to notice of sale and

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1		public bid, the Director of the Governor's Office of Management
2		and Budget may, from time to time, as Bonds are to be sold,
3		advertise the sale of the Bonds in at least 2 daily newspapers,
4		one of which is published in the City of Springfield and one in
5		the City of Chicago. The sale of the Bonds shall also be
6		advertised in the volume of the Illinois Procurement Bulletin
7		that is published by the Department of Central Management
8		Services, and shall be published once at least 10 days prior to
9		the date fixed for the opening of the bids. The Director of the
10		Governor's Office of Management and Budget may reschedule the
11		date of sale upon the giving of such additional notice as the
12		Director deems adequate to inform prospective bidders of such
13		change; provided, however, that all other conditions of the
14		sale shall continue as originally advertised.
15		Executed Bonds shall, upon payment therefor, be delivered
16		to the purchaser, and the proceeds of Bonds shall be paid into
17		the State Treasury as directed by Section 12 of this Act.
18		(Source: P.A. 98-44, eff. 6-28-13.)
19		(30 ILCS 330/16) (from Ch. 127, par. 666)
20		Sec. 16. Refunding Bonds. The State of Illinois is
21		authorized to issue, sell, and provide for the retirement of
22		General Obligation Bonds of the State of Illinois in the amount
23		of $4,839,025,000, at any time and from time to time
24		outstanding, for the purpose of refunding any State of Illinois
25		general obligation Bonds then outstanding, including the

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1		payment of any redemption premium thereon, any reasonable
2		expenses of such refunding, any interest accrued or to accrue
3		to the earliest or any subsequent date of redemption or
4		maturity of such outstanding Bonds and any interest to accrue
5		to the first interest payment on the refunding Bonds; provided
6		that all non-refunding Bonds in an issue that includes
7		refunding Bonds shall mature no later than the final maturity
8		date of Bonds being refunded; provided that no refunding Bonds
9		shall be offered for sale unless the net present value of debt
10		service savings to be achieved by the issuance of the refunding
11		Bonds is 3% or more of the principal amount of the refunding
12		Bonds to be issued; and further provided that, except for
13		refunding Bonds sold in fiscal year 2009, 2010, or 2011, or
14		2017, the maturities of the refunding Bonds shall not extend
15		beyond the maturities of the Bonds they refund, so that for
16		each fiscal year in the maturity schedule of a particular issue
17		of refunding Bonds, the total amount of refunding principal
18		maturing and redemption amounts due in that fiscal year and all
19		prior fiscal years in that schedule shall be greater than or
20		equal to the total amount of refunded principal and redemption
21		amounts that had been due over that year and all prior fiscal
22		years prior to the refunding.
23		The Governor shall notify the State Treasurer and
24		Comptroller of such refunding. The proceeds received from the
25		sale of refunding Bonds shall be used for the retirement at
26		maturity or redemption of such outstanding Bonds on any

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1		maturity or redemption date and, pending such use, shall be
2		placed in escrow, subject to such terms and conditions as shall
3		be provided for in the Bond Sale Order relating to the
4		Refunding Bonds. Proceeds not needed for deposit in an escrow
5		account shall be deposited in the General Obligation Bond
6		Retirement and Interest Fund. This Act shall constitute an
7		irrevocable and continuing appropriation of all amounts
8		necessary to establish an escrow account for the purpose of
9		refunding outstanding general obligation Bonds and to pay the
10		reasonable expenses of such refunding and of the issuance and
11		sale of the refunding Bonds. Any such escrowed proceeds may be
12		invested and reinvested in direct obligations of the United
13		States of America, maturing at such time or times as shall be
14		appropriate to assure the prompt payment, when due, of the
15		principal of and interest and redemption premium, if any, on
16		the refunded Bonds. After the terms of the escrow have been
17		fully satisfied, any remaining balance of such proceeds and
18		interest, income and profits earned or realized on the
19		investments thereof shall be paid into the General Revenue
20		Fund. The liability of the State upon the Bonds shall continue,
21		provided that the holders thereof shall thereafter be entitled
22		to payment only out of the moneys deposited in the escrow
23		account.
24		Except as otherwise herein provided in this Section, such
25		refunding Bonds shall in all other respects be subject to the
26		terms and conditions of this Act.

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1		(Source: P.A. 96-18, eff. 6-26-09.)
2		Section 25-10. The Build Illinois Bond Act is amended by
3		changing Sections 6, 8, and 15 as follows:
4		(30 ILCS 425/6) (from Ch. 127, par. 2806)
5		Sec. 6. Conditions for Issuance and Sale of Bonds -
6		Requirements for Bonds - Master and Supplemental Indentures -
7		Credit and Liquidity Enhancement.
8		(a) Bonds shall be issued and sold from time to time, in
9		one or more series, in such amounts and at such prices as
10		directed by the Governor, upon recommendation by the Director
11		of the Governor's Office of Management and Budget. Bonds shall
12		be payable only from the specific sources and secured in the
13		manner provided in this Act. Bonds shall be in such form, in
14		such denominations, mature on such dates within 25 years from
15		their date of issuance, be subject to optional or mandatory
16		redemption, bear interest payable at such times and at such
17		rate or rates, fixed or variable, and be dated as shall be
18		fixed and determined by the Director of the Governor's Office
19		of Management and Budget in an order authorizing the issuance
20		and sale of any series of Bonds, which order shall be approved
21		by the Governor and is herein called a "Bond Sale Order";
22		provided, however, that interest payable at fixed rates shall
23		not exceed that permitted in "An Act to authorize public
24		corporations to issue bonds, other evidences of indebtedness

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1		and tax anticipation warrants subject to interest rate
2		limitations set forth therein", approved May 26, 1970, as now
3		or hereafter amended, and interest payable at variable rates
4		shall not exceed the maximum rate permitted in the Bond Sale
5		Order. Said Bonds shall be payable at such place or places,
6		within or without the State of Illinois, and may be made
7		registrable as to either principal only or as to both principal
8		and interest, as shall be specified in the Bond Sale Order.
9		Bonds may be callable or subject to purchase and retirement or
10		remarketing as fixed and determined in the Bond Sale Order.
11		Bonds (i) except for refunding Bonds satisfying the
12		requirements of Section 15 of this Act and sold during fiscal
13		year 2009, 2010, or 2011, or 2017, must be issued with
14		principal or mandatory redemption amounts in equal amounts,
15		with the first maturity issued occurring within the fiscal year
16		in which the Bonds are issued or within the next succeeding
17		fiscal year and (ii) must mature or be subject to mandatory
18		redemption each fiscal year thereafter up to 25 years, except
19		for refunding Bonds satisfying the requirements of Section 15
20		16 of this Act and sold during fiscal year 2009, 2010, or 2011
21		which must mature or be subject to mandatory redemption each
22		fiscal year thereafter up to 16 years.
23		All Bonds authorized under this Act shall be issued
24		pursuant to a master trust indenture ("Master Indenture")
25		executed and delivered on behalf of the State by the Director
26		of the Governor's Office of Management and Budget, such Master

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1		Indenture to be in substantially the form approved in the Bond
2		Sale Order authorizing the issuance and sale of the initial
3		series of Bonds issued under this Act. Such initial series of
4		Bonds may, and each subsequent series of Bonds shall, also be
5		issued pursuant to a supplemental trust indenture
6		("Supplemental Indenture") executed and delivered on behalf of
7		the State by the Director of the Governor's Office of
8		Management and Budget, each such Supplemental Indenture to be
9		in substantially the form approved in the Bond Sale Order
10		relating to such series. The Master Indenture and any
11		Supplemental Indenture shall be entered into with a bank or
12		trust company in the State of Illinois having trust powers and
13		possessing capital and surplus of not less than $100,000,000.
14		Such indentures shall set forth the terms and conditions of the
15		Bonds and provide for payment of and security for the Bonds,
16		including the establishment and maintenance of debt service and
17		reserve funds, and for other protections for holders of the
18		Bonds. The term "reserve funds" as used in this Act shall
19		include funds and accounts established under indentures to
20		provide for the payment of principal of and premium and
21		interest on Bonds, to provide for the purchase, retirement or
22		defeasance of Bonds, to provide for fees of trustees,
23		registrars, paying agents and other fiduciaries and to provide
24		for payment of costs of and debt service payable in respect of
25		credit or liquidity enhancement arrangements, interest rate
26		swaps or guarantees or financial futures contracts and indexing

SB1810 Enrolled - 143 - LRB099 00139 KTG 20139 b
1		and remarketing agents' services.
2		In the case of any series of Bonds bearing interest at a
3		variable interest rate ("Variable Rate Bonds"), in lieu of
4		determining the rate or rates at which such series of Variable
5		Rate Bonds shall bear interest and the price or prices at which
6		such Variable Rate Bonds shall be initially sold or remarketed
7		(in the event of purchase and subsequent resale), the Bond Sale
8		Order may provide that such interest rates and prices may vary
9		from time to time depending on criteria established in such
10		Bond Sale Order, which criteria may include, without
11		limitation, references to indices or variations in interest
12		rates as may, in the judgment of a remarketing agent, be
13		necessary to cause Bonds of such series to be remarketable from
14		time to time at a price equal to their principal amount (or
15		compound accreted value in the case of original issue discount
16		Bonds), and may provide for appointment of indexing agents and
17		a bank, trust company, investment bank or other financial
18		institution to serve as remarketing agent in that connection.
19		The Bond Sale Order may provide that alternative interest rates
20		or provisions for establishing alternative interest rates,
21		different security or claim priorities or different call or
22		amortization provisions will apply during such times as Bonds
23		of any series are held by a person providing credit or
24		liquidity enhancement arrangements for such Bonds as
25		authorized in subsection (b) of Section 6 of this Act.
26		(b) In connection with the issuance of any series of Bonds,

SB1810 Enrolled - 144 - LRB099 00139 KTG 20139 b
1		the State may enter into arrangements to provide additional
2		security and liquidity for such Bonds, including, without
3		limitation, bond or interest rate insurance or letters of
4		credit, lines of credit, bond purchase contracts or other
5		arrangements whereby funds are made available to retire or
6		purchase Bonds, thereby assuring the ability of owners of the
7		Bonds to sell or redeem their Bonds. The State may enter into
8		contracts and may agree to pay fees to persons providing such
9		arrangements, but only under circumstances where the Director
10		of the Bureau of the Budget (now Governor's Office of
11		Management and Budget) certifies that he reasonably expects the
12		total interest paid or to be paid on the Bonds, together with
13		the fees for the arrangements (being treated as if interest),
14		would not, taken together, cause the Bonds to bear interest,
15		calculated to their stated maturity, at a rate in excess of the
16		rate which the Bonds would bear in the absence of such
17		arrangements. Any bonds, notes or other evidences of
18		indebtedness issued pursuant to any such arrangements for the
19		purpose of retiring and discharging outstanding Bonds shall
20		constitute refunding Bonds under Section 15 of this Act. The
21		State may participate in and enter into arrangements with
22		respect to interest rate swaps or guarantees or financial
23		futures contracts for the purpose of limiting or restricting
24		interest rate risk; provided that such arrangements shall be
25		made with or executed through banks having capital and surplus
26		of not less than $100,000,000 or insurance companies holding

SB1810 Enrolled - 145 - LRB099 00139 KTG 20139 b
1		the highest policyholder rating accorded insurers by A.M. Best &
2		Co. or any comparable rating service or government bond
3		dealers reporting to, trading with, and recognized as primary
4		dealers by a Federal Reserve Bank and having capital and
5		surplus of not less than $100,000,000, or other persons whose
6		debt securities are rated in the highest long-term categories
7		by both Moody's Investors' Services, Inc. and Standard & Poor's
8		Corporation. Agreements incorporating any of the foregoing
9		arrangements may be executed and delivered by the Director of
10		the Governor's Office of Management and Budget on behalf of the
11		State in substantially the form approved in the Bond Sale Order
12		relating to such Bonds.
13		(c) "Build America Bonds" in this Section means Bonds
14		authorized by Section 54AA of the Internal Revenue Code of
15		1986, as amended ("Internal Revenue Code"), and bonds issued
16		from time to time to refund or continue to refund "Build
17		America Bonds".
18		(Source: P.A. 96-18, eff. 6-26-09; 96-828, eff. 12-2-09.)
19		(30 ILCS 425/8) (from Ch. 127, par. 2808)
20		Sec. 8. Sale of Bonds. Bonds, except as otherwise provided
21		in this Section, shall be sold from time to time pursuant to
22		notice of sale and public bid or by negotiated sale in such
23		amounts and at such times as are directed by the Governor, upon
24		recommendation by the Director of the Governor's Office of
25		Management and Budget. At least 25%, based on total principal

SB1810 Enrolled - 146 - LRB099 00139 KTG 20139 b
1		amount, of all Bonds issued each fiscal year shall be sold
2		pursuant to notice of sale and public bid. At all times during
3		each fiscal year, no more than 75%, based on total principal
4		amount, of the Bonds issued each fiscal year shall have been
5		sold by negotiated sale. Failure to satisfy the requirements in
6		the preceding 2 sentences shall not affect the validity of any
7		previously issued Bonds; and further provided that refunding
8		Bonds satisfying the requirements of Section 15 of this Act and
9		sold during fiscal year 2009, 2010, or 2011, or 2017 shall not
10		be subject to the requirements in the preceding 2 sentences.
11		If any Bonds are to be sold pursuant to notice of sale and
12		public bid, the Director of the Governor's Office of Management
13		and Budget shall comply with the competitive request for
14		proposal process set forth in the Illinois Procurement Code and
15		all other applicable requirements of that Code.
16		If Bonds are to be sold pursuant to notice of sale and
17		public bid, the Director of the Governor's Office of Management
18		and Budget may, from time to time, as Bonds are to be sold,
19		advertise the sale of the Bonds in at least 2 daily newspapers,
20		one of which is published in the City of Springfield and one in
21		the City of Chicago. The sale of the Bonds shall also be
22		advertised in the volume of the Illinois Procurement Bulletin
23		that is published by the Department of Central Management
24		Services, and shall be published once at least 10 days prior to
25		the date fixed for the opening of the bids. The Director of the
26		Governor's Office of Management and Budget may reschedule the

SB1810 Enrolled - 147 - LRB099 00139 KTG 20139 b
1		date of sale upon the giving of such additional notice as the
2		Director deems adequate to inform prospective bidders of the
3		change; provided, however, that all other conditions of the
4		sale shall continue as originally advertised. Executed Bonds
5		shall, upon payment therefor, be delivered to the purchaser,
6		and the proceeds of Bonds shall be paid into the State Treasury
7		as directed by Section 9 of this Act. The Governor or the
8		Director of the Governor's Office of Management and Budget is
9		hereby authorized and directed to execute and deliver contracts
10		of sale with underwriters and to execute and deliver such
11		certificates, indentures, agreements and documents, including
12		any supplements or amendments thereto, and to take such actions
13		and do such things as shall be necessary or desirable to carry
14		out the purposes of this Act. Any action authorized or
15		permitted to be taken by the Director of the Governor's Office
16		of Management and Budget pursuant to this Act is hereby
17		authorized to be taken by any person specifically designated by
18		the Governor to take such action in a certificate signed by the
19		Governor and filed with the Secretary of State.
20		(Source: P.A. 98-44, eff. 6-28-13.)
21		(30 ILCS 425/15) (from Ch. 127, par. 2815)
22		Sec. 15. Refunding Bonds. Refunding Bonds are hereby
23		authorized for the purpose of refunding any outstanding Bonds,
24		including the payment of any redemption premium thereon, any
25		reasonable expenses of such refunding, and any interest accrued

SB1810 Enrolled - 148 - LRB099 00139 KTG 20139 b
1		or to accrue to the earliest or any subsequent date of
2		redemption or maturity of outstanding Bonds; provided that all
3		non-refunding Bonds in an issue that includes refunding Bonds
4		shall mature no later than the final maturity date of Bonds
5		being refunded; provided that no refunding Bonds shall be
6		offered for sale unless the net present value of debt service
7		savings to be achieved by the issuance of the refunding Bonds
8		is 3% or more of the principal amount of the refunding Bonds to
9		be issued; and further provided that, except for refunding
10		Bonds sold in fiscal year 2009, 2010, or 2011, or 2017, the
11		maturities of the refunding Bonds shall not extend beyond the
12		maturities of the Bonds they refund, so that for each fiscal
13		year in the maturity schedule of a particular issue of
14		refunding Bonds, the total amount of refunding principal
15		maturing and redemption amounts due in that fiscal year and all
16		prior fiscal years in that schedule shall be greater than or
17		equal to the total amount of refunded principal and redemption
18		amounts that had been due over that year and all prior fiscal
19		years prior to the refunding.
20		Refunding Bonds may be sold in such amounts and at such
21		times, as directed by the Governor upon recommendation by the
22		Director of the Governor's Office of Management and Budget. The
23		Governor shall notify the State Treasurer and Comptroller of
24		such refunding. The proceeds received from the sale of
25		refunding Bonds shall be used for the retirement at maturity or
26		redemption of such outstanding Bonds on any maturity or

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1		redemption date and, pending such use, shall be placed in
2		escrow, subject to such terms and conditions as shall be
3		provided for in the Bond Sale Order relating to the refunding
4		Bonds. This Act shall constitute an irrevocable and continuing
5		appropriation of all amounts necessary to establish an escrow
6		account for the purpose of refunding outstanding Bonds and to
7		pay the reasonable expenses of such refunding and of the
8		issuance and sale of the refunding Bonds. Any such escrowed
9		proceeds may be invested and reinvested in direct obligations
10		of the United States of America, maturing at such time or times
11		as shall be appropriate to assure the prompt payment, when due,
12		of the principal of and interest and redemption premium, if
13		any, on the refunded Bonds. After the terms of the escrow have
14		been fully satisfied, any remaining balance of such proceeds
15		and interest, income and profits earned or realized on the
16		investments thereof shall be paid into the General Revenue
17		Fund. The liability of the State upon the refunded Bonds shall
18		continue, provided that the holders thereof shall thereafter be
19		entitled to payment only out of the moneys deposited in the
20		escrow account and the refunded Bonds shall be deemed paid,
21		discharged and no longer to be outstanding.
22		Except as otherwise herein provided in this Section, such
23		refunding Bonds shall in all other respects be issued pursuant
24		to and subject to the terms and conditions of this Act and
25		shall be secured by and payable from only the funds and sources
26		which are provided under this Act.

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1		(Source: P.A. 96-18, eff. 6-26-09.)
2		ARTICLE 35. CAPITAL DEVELOPMENT BOARD REVOLVING FUND
3		Section 35-5. The State Finance Act is amended by changing
4		Sections 5.857 and 6z-100 as follows:
5		(30 ILCS 105/5.857)
6		(Section scheduled to be repealed on July 1, 2016)
7		Sec. 5.857. The Capital Development Board Revolving Fund.
8		This Section is repealed July 1, 2017 2016.
9		(Source: P.A. 98-674, eff. 6-30-14; 99-78, eff. 7-20-15.)
10		(30 ILCS 105/6z-100)
11		(Section scheduled to be repealed on July 1, 2016)
12		Sec. 6z-100. Capital Development Board Revolving Fund;
13		payments into and use. All monies received by the Capital
14		Development Board for publications or copies issued by the
15		Board, and all monies received for contract administration
16		fees, charges, or reimbursements owing to the Board shall be
17		deposited into a special fund known as the Capital Development
18		Board Revolving Fund, which is hereby created in the State
19		treasury. The monies in this Fund shall be used by the Capital
20		Development Board, as appropriated, for expenditures for
21		personal services, retirement, social security, contractual
22		services, legal services, travel, commodities, printing,

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1		equipment, electronic data processing, or telecommunications.
2		Unexpended moneys in the Fund shall not be transferred or
3		allocated by the Comptroller or Treasurer to any other fund,
4		nor shall the Governor authorize the transfer or allocation of
5		those moneys to any other fund. This Section is repealed July
6		1, 2017 2016.
7		(Source: P.A. 98-674, eff. 6-30-14.)
8		Section 35-10. The Capital Development Board Act is amended
9		by changing Section 9.02a and adding Section 9.02c as follows:
10		(20 ILCS 3105/9.02a) (from Ch. 127, par. 779.02a)
11		(This Section is scheduled to be repealed on June 30, 2016)
12		Sec. 9.02a. To charge contract administration fees used to
13		administer and process the terms of contracts awarded by this
14		State. Contract administration fees shall not exceed 3% of the
15		contract amount. Contract administration fees used to
16		administer contracts associated with the legislative complex,
17		as defined in Section 8A-15 of the Legislative Commission
18		Reorganization Act of 1984, shall be deposited into the Capitol
19		Restoration Trust Fund for the use of the Architect of the
20		Capitol in the performance of his or her powers or duties. This
21		Section is repealed June 30, 2016.
22		(Source: P.A. 97-786, eff. 7-13-12; 97-1162, eff. 2-4-13.)
23		(20 ILCS 3105/9.02c new)

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1		Sec. 9.02c. Continuation of Section 9.02a; validation.
2		(a) The General Assembly finds and declares that:
3		(1) The Statute on Statutes sets forth general rules on
4		the repeal of statutes and the construction of multiple
5		amendments, but Section 1 of that Act also states that
6		these rules will not be observed when the result would be
7		"inconsistent with the manifest intent of the General
8		Assembly or repugnant to the context of the statute".
9		(2) This amendatory Act of the 99th General Assembly
10		manifests the intention of the General Assembly to
11		eliminate the internal repeal of Section 9.02a of the
12		Capital Development Board Act and have Section 9.02a of the
13		Capital Development Board Act continue in effect.
14		(3) Section 9.02a of the Capital Development Board Act
15		was originally enacted to protect, promote, and preserve
16		the general welfare. Any construction of this Act that
17		results in the repeal of this Act on June 30, 2016 would be
18		inconsistent with the manifest intent of the General
19		Assembly and repugnant to the context of the Capital
20		Development Board Act.
21		(b) It is hereby declared to have been the intent of the
22		General Assembly that Section 9.02a of the Capital Development
23		Board Act not be subject to repeal on June 30, 2016.
24		(c) Section 9.02a of the Capital Development Board Act
25		shall be deemed to have been in continuous effect since June
26		30, 1988 (the effective date of Public Act 85-1026), and it

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1		shall continue to be in effect henceforward until it is
2		otherwise lawfully repealed. All previously enacted amendments
3		to the Act taking effect on or after June 30, 2016 are hereby
4		validated.
5		(d) All actions taken in reliance on or pursuant to Section
6		9.02a of the Capital Development Board by the Capital
7		Development Board or any other person or entity are hereby
8		validated.
9		(e) To ensure the continuing effectiveness of Section 9.02a
10		of the Capital Development Board Act, it is set forth in full
11		and re-enacted by this amendatory Act of the 99th General
12		Assembly. This re-enactment is intended as a continuation of
13		the Act. It is not intended to supersede any amendment to the
14		Act that is enacted by the 99th General Assembly.
15		(f) Section 9.02a of the Capital Development Board Act
16		applies to all claims, civil actions, and proceedings pending
17		on or filed on or before the effective date of this amendatory
18		Act of the 99th General Assembly.
19		ARTICLE 95. SEVERABILITY
20		Section 95-95. Severability. The provisions of this Act are
21		severable under Section 1.31 of the Statute on Statutes.
22		ARTICLE 99. EFFECTIVE DATE
23		Section 99-99. Effective date. This Act takes effect upon

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1		becoming law.